[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6523 Enrolled Bill (ENR)]
H.R.6523
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize appropriations for fiscal year 2011 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Ike Skelton
National Defense Authorization Act for Fiscal Year 2011''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2011'' shall be
deemed to refer to the ``Ike Skelton National Defense Authorization Act
for Fiscal Year 2011''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Navy Programs
Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.
Subtitle C--Joint and Multiservice Matters
Sec. 121. Limitations on biometric systems funds.
Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
Sec. 215. Demonstration and pilot projects on cybersecurity.
Subtitle C--Missile Defense Programs
Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.
Subtitle E--Other Matters
Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during
research and development of defense systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station, Brunswick,
Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
Sec. 322. Repeal of conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance and repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense civilian
employees.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged for
use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military
requirements.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of civilian
passengers and commercial cargoes by Department of Defense
when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of certain
Department of Defense functions by civilian employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
Sec. 506. Temporary authority to reduce minimum length of active service
as a commissioned officer required for voluntary retirement as
an officer.
Subtitle B--Reserve Component Management
Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from
active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified
officers and officers with Joint Staff experience.
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-density
assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for medical
reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.
Subtitle E--Military Justice and Legal Matters
Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active duty
health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions Scholarship
and Financial Assistance program.
Subtitle G--Defense Dependents' Education
Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense domestic
dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.
Subtitle H--Decorations and Awards
Sec. 571. Clarification of persons eligible for award of bronze star
medal.
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World War
II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the Vietnam
War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.
Subtitle J--Other Matters
Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their families
to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.
Subtitle D--Disability, Retired Pay and Survivor Benefits
Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on reducing
eligibility age for receipt of non-regular service retired
pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.
Subtitle F--Other Matters
Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military
health-care professionals who are members of the National
Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.
Subtitle C--Other Matters
Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after
deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition and
deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Cost estimates for program baselines and contract negotiations
for major defense acquisition and major automated information
system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the
Department of Defense to carry out certain prototype projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program;
pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.
Subtitle D--Contractor Matters
Sec. 831. Oversight and accountability of contractors performing private
security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or
deny award fees to companies found to jeopardize the health or
safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
Sec. 842. Department of Defense policy on acquisition and performance of
sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not
under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.
Subtitle F--Improve Acquisition Act
Sec. 860. Short title.
Part I--Defense Acquisition System
Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.
Part II--Defense Acquisition Workforce
Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.
Part III--Financial Management
Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.
Part IV--Industrial Base
Sec. 891. Expansion of the industrial base.
Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational Environmental
Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber events.
Subtitle E--Other Matters
Sec. 941. Two-year extension of authorities relating to temporary waiver
of reimbursement of costs of activities for nongovernmental
personnel at Department of Defense Regional Centers for
Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay, Cuba,
to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Subtitle E--Homeland Defense and Civil Support
Sec. 1041. Limitation on deactivation of existing Consequence Management
Response Forces.
Subtitle F--Studies and Reports
Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of the
national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Public availability of Department of Defense reports required
by law.
Sec. 1062. Prohibition on infringing on the individual right to lawfully
acquire, possess, own, carry, and otherwise use privately
owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.
Subtitle H--Other Matters
Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
Sec. 1103. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense
appointment and compensation authority for personnel for care
and treatment of wounded and injured members of the Armed
Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and
cross-servicing agreements to lend certain military equipment
to certain foreign forces for personnel protection and
survivability.
Sec. 1204. Authority to pay personnel expenses in connection with
African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior
Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet Pilot Training program.
Sec. 1207. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency
Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition
nations for support provided to United States military
operations.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces
supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Reports and Other Matters
Sec. 1231. One-year extension of report on progress toward security and
stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the
Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition
operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export
control system.
Sec. 1238. Report on United States efforts to defend against threats
posed by the anti-access and area-denial capabilities of
certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense
strategy to counter violent extremism outside the United
States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the
United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required
briefings.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and
threat reduction activities with the People's Republic of
China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.
Subtitle D--Other Matters
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces
Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in
Afghanistan and economic transition plan and economic strategy
for Afghanistan.
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
Sec. 1601. Definition of Department of Defense sexual assault prevention
and response program and other definitions.
Sec. 1602. Comprehensive Department of Defense policy on sexual assault
prevention and response program.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.
Subtitle B--Improved and Expanded Availability of Services
Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.
Subtitle C--Reporting Requirements
Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault prevention
and response program.
Sec. 1632. Additional reports.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Funding tables.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in
conjunction with funds provided by the Commonwealth of
Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008
project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2010 projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for
construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military
construction and real property reports when submitted in
electronic media.
Sec. 2804. Authority to use operation and maintenance funds for
construction projects inside the United States Central Command
area of responsibility.
Sec. 2805. Sense of Congress and report regarding employment of veterans
to work on military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special
operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Extension of term of Deputy Secretary of Defense's leadership
of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam
realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.
Subtitle D--Energy Security
Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier,
Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.
Subtitle F--Other Matters
Sec. 2851. Limitation on availability of funds pending report regarding
construction of a new outlying landing field in North Carolina
and Virginia.
Sec. 2852. Requirements related to providing world class military
medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and
modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska
Railroad corridor across Federal land in Alaska.
Sec. 2856. Sense of Congress on improving military housing for members
of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing
on military installations.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.
TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the
nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget requests
with respect to the modernization and refurbishment of the
nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of
Energy projects.
Sec. 3115. Establishment of cooperative research and development
centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for appointment
of certain scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into
transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International
Materials Protection, Control, and Accounting Program of the
Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico, and held in trust
for the Pueblo of San Ildefonso.
Sec. 3121. Repeal of sunset provision for modification of minor
construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative
research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 3124. Department of Energy energy parks program.
Subtitle C--Reports
Sec. 3131. Report on graded security protection policy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2011.
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Research authority.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Navy Programs
Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.
Subtitle C--Joint and Multiservice Matters
Sec. 121. Limitations on biometric systems funds.
Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Army as follows:
(1) For aircraft, $5,908,384,000.
(2) For missiles, $1,670,463,000.
(3) For weapons and tracked combat vehicles, $1,656,263,000.
(4) For ammunition, $1,953,194,000.
(5) For other procurement, $9,758,965,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2011 for procurement for the Navy as follows:
(1) For aircraft, $18,877,139,000.
(2) For weapons, including missiles and torpedoes,
$3,358,264,000.
(3) For shipbuilding and conversion, $15,724,520,000.
(4) For other procurement, $6,381,815,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2011 for procurement for the Marine Corps in the amount
of $1,296,838,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2011 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $817,991,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Air Force as follows:
(1) For aircraft, $14,668,408,000.
(2) For ammunition, $672,420,000.
(3) For missiles, $5,444,464,000.
(4) For other procurement, $17,845,342,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2011
for Defense-wide procurement in the amount of $4,398,168,000.
Subtitle B--Navy Programs
SEC. 111. MULTIYEAR FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF
LHA REPLACEMENT SHIP DESIGNATED LHA-7.
(a) Authority to Use Multiple Years of Funding.--The Secretary of
the Navy may enter into a contract for detail design and construction
of the LHA Replacement ship designated LHA-7 that provides that,
subject to subsection (b), funds for payments under the contract may be
provided from amounts authorized to be appropriated for the Department
of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2011
and 2012.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2011 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) The Navy terminated the EP-X program to acquire a new land-
based airborne signals intelligence capability because of
escalating costs and funds budgeted for the program were re-
allocated to other priorities.
(2) The Navy took this action without planning and budgeting
for alternative means to meet operational requirements for
tactical-level and theater-level signals intelligence capabilities
to support the combatant commands and national intelligence
consumers.
(3) The principal Navy airborne signals intelligence capability
today is the EP-3E Airborne Reconnaissance Integrated Electronic
System II (ARIES II)--the aircraft and associated electronic
equipment of this system are aging and will require replacement or
substantial ongoing upgrades to continue to meet requirements.
(4) The Special Projects Aircraft (SPA) platform of the Navy is
the second critical element in the airborne signals intelligence
capability of the Navy and provides the Navy its most advanced,
comprehensive multi-intelligence and quick-reaction capability
available.
(b) Requirement To Maintain Capabilities.--
(1) Prohibition on retirement of platforms.--The Secretary of
the Navy may not retire (or to prepare to retire) the EP-3E
Airborne Reconnaissance Integrated Electronic System II or Special
Projects Aircraft platform.
(2) Maintenance of platforms.--The Secretary of the Navy shall
continue to maintain, sustain, and upgrade the EP-3E Airborne
Reconnaissance Integrated Electronic System II and Special Projects
Aircraft platforms in order to provide capabilities necessary to
operate effectively against rapidly evolving threats and to meet
combatant commander operational intelligence, surveillance, and
reconnaissance requirements.
(3) Certification.--Not later than February 1, 2011, and
annually thereafter, the Under Secretary of Defense for
Intelligence and the Vice Chairman of the Joint Chiefs of Staff
shall jointly certify to Congress the following:
(A) The Secretary of the Navy is maintaining and sustaining
the EP-3E Airborne Reconnaissance Integrated Electronic System
II and Special Projects Aircraft platform in a manner that
meets the intelligence, surveillance, and reconnaissance
requirements of the commanders of the combatant commands.
(B) Any plan for the retirement or replacement of the EP-3E
Airborne Reconnaissance Integrated Electronic System II or
Special Projects Aircraft platform will provide, in the
aggregate, an equivalent or superior capability and capacity to
the platform concerned.
(4) Termination.--The requirements of this subsection with
respect to the EP-3E Airborne Reconnaissance Integrated Electronic
System II or the Special Projects Aircraft platform shall expire on
the commencement of the fielding by the Navy of a platform or mix
of platforms and sensors that are, in the aggregate, equivalent or
superior to the EP-3E Airborne Reconnaissance Integrated Electronic
System II (spiral 3) or the Special Projects Aircraft (P909)
platform.
(c) Restriction on Transfer of Saber Focus Program ISR
Capabilities.--
(1) Restriction.--The Secretary of the Navy may not transfer
the Saber Focus unmanned aerial system, associated equipment, or
processing, exploitation, and dissemination capabilities of the
Saber Focus program to the Secretary of the Air Force until 30 days
after the Secretary of the Air Force certifies to the congressional
defense committees that after such a transfer, the Secretary of the
Air Force will provide intelligence, surveillance, and
reconnaissance (hereinafter in this section referred to as ``ISR'')
capabilities at the same or greater capability and capacity level
as the capability or capacity level at which the Saber Focus
program provides such capabilities to the area of operations
concerned as of the date of the enactment of this Act.
(2) Continued navy provision of capabilities.--The Secretary of
the Navy shall continue to provide Saber Focus ISR program
capabilities at the same or greater capability and capacity level
as the capability or capacity level at which the Saber Focus
program provides such capabilities as of the date of the enactment
of this Act to the area of operations concerned until--
(A) the certification referred to in paragraph (1) is
provided to the congressional defense committees; or
(B) 30 days after the Secretary of Defense certifies to the
congressional defense committees that the ISR capabilities of
the Saber Focus program are no longer required to mitigate the
ISR requirements of the combatant commander in the area of
operations concerned.
SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.
(a) Report.--Not later than March 31, 2011, the Secretary of
Defense, in coordination with the Secretary of the Navy and the Chief
of Naval Operations, shall submit to the congressional defense
committees a report on the force structure requirements of the major
combatant surface vessels with respect to ballistic missile defense.
(b) Matters Included.--The report shall include the following:
(1) An analysis of whether the requirement for sea-based
missile defense can be accommodated by upgrading Aegis ships that
exist as of the date of the report or by procuring additional
combatant surface vessels.
(2) A discussion of whether such sea-based missile defense will
require increasing the overall number of combatant surface vessels
beyond the requirement of 88 cruisers and destroyers in the 313-
ship fleet plan of the Navy.
(3) A discussion of the process for determining the number of
Aegis ships needed by each commander of the combatant commands to
fulfill ballistic missile defense requirements, including (in
consultation with the Chairman of the Joints Chiefs of Staff) the
number of such ships needed to support the phased, adaptive
approach to ballistic missile defense in Europe.
(4) A discussion of the impact of Aegis Ashore missile defense
deployments, as well as deployment of other elements of the
ballistic missile defense system, on Aegis ballistic missile
defense ship force structure requirements.
(5) A discussion of the potential effect of ballistic missile
defense operations on the ability of the Navy to meet surface fleet
demands in each geographic area and for each mission set.
(6) An evaluation of how the Aegis ballistic missile defense
program can succeed as part of a balanced fleet of adequate size
and strength to meet the security needs of the United States.
(7) A description of both the shortfalls and the benefits of
expected technological advancements in the sea-based missile
defense program.
(8) A description of the anticipated plan for deployment of
Aegis ballistic missile defense ships within the context of the
fleet response plan.
SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A-18 AIRCRAFT BY
THE DEPARTMENT OF THE NAVY.
(a) Cost-benefit Analysis of Service Life Extension of F/A-18
Aircraft.--Before the Secretary of the Navy may enter into a program to
extend the service life of F/A-18 aircraft beyond 8,600 hours, the
Secretary shall--
(1) conduct a cost-benefit analysis, in accordance with Office
of Management and Budget Circular A-94, comparing extending the
service life of existing F/A-18 aircraft with procuring additional
F/A-18E or F/A-18F aircraft as a means of managing the shortfall of
the Department of the Navy in strike fighter aircraft; and
(2) submit to the congressional defense committees a report on
such cost-benefit analysis.
(b) Elements of Cost-benefit Analysis.--The cost-benefit analysis
required by subsection (a)(1) shall include the following:
(1) An estimate of the full costs, over the period covered by
the future-years defense program submitted to Congress under
section 221 of title 10, United States Code, with the budget of the
President, of extending legacy F/A-18 aircraft beyond 8,600 hours,
including--
(A) any increases in operation and maintenance costs
associated with operating such aircraft beyond a service life
of 8,600 hours; and
(B) the costs with respect to the airframe, avionics,
software, and aircraft subsystems and components required to
remain relevant in countering future threats and meeting the
warfighting requirements of the commanders of the combatant
commands.
(2) An estimate of the full costs, over the period covered by
such future-years defense program, of procuring such additional F/
A-18E or F/A-18F aircraft as would be required to meet the strike
fighter requirements of the Department of the Navy in the event the
service life of legacy F/A-18 aircraft is not extended beyond 8,600
hours.
(3) An assessment of risks associated with extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours,
including the level of certainty that the Secretary will be able to
achieve such an extension.
(4) An estimate of the cost-per-flight hour incurred in
operating legacy F/A-18 aircraft with a service life extended
beyond 8,600 hours.
(5) An estimate of the cost-per-flight hour incurred for
operating new F/A-18E or FA-18F aircraft.
(6) An assessment of any alternatives to extending the service
life of legacy F/A-18 aircraft beyond 8,600 hours or buying
additional F/A-18E or F/A-18F aircraft that may be available to the
Secretary to manage the shortfall of the Department of the Navy in
strike fighter aircraft.
(c) Additional Elements of Report.--In addition to the information
required in the cost-benefit analysis under subsection (b), the report
under subsection (a)(2) shall include an assessment of the following:
(1) Differences in capabilities of--
(A) legacy F/A-18 aircraft that have undergone service-life
extension;
(B) F/A-18E or F/A-18F aircraft; and
(C) F-35C aircraft.
(2) Differences in capabilities that would result under the
legacy F/A-18 aircraft service-life extension program if such
program would--
(A) provide only airframe-life extensions to the legacy F/
A-18 aircraft fleet; and
(B) provide for airframe-life extensions and capability
upgrades to the legacy F/A-18 aircraft fleet.
(3) Any disruption that procuring additional F/A-18E or F/A-18F
aircraft, rather than extending the service life of legacy F/A-18
aircraft beyond 8,600 hours, would have on the plan of the Navy to
procure operational carrier-variant Joint Strike Fighter aircraft.
(4) Any changes that procuring additional F/A-18E or FA-18F
aircraft, rather than extending the service life of legacy F/A-18
aircraft beyond 8600 hours, would have on the force structure or
force mix intended by the Navy for its carrier air wings.
(5) Any other operational implication of extending (or not
extending) the service life of legacy F/A-18 aircraft that the
Secretary considers appropriate.
(d) Report On Operational F/A-18 Aircraft Squadrons.--Before
reducing the number of F/A-18 aircraft in an operational squadron of
the Navy or Marine Corps, the Secretary shall submit to the
congressional defense committees a report that discusses the
operational risks and impacts of reducing the squadron size. The report
shall include an assessment of the following:
(1) The effect of the reduction on the operational capability
and readiness of the Navy and the Marine Corps to conduct overseas
contingency operations.
(2) The effect of the reduction on the capability of the Navy
and the Marine Corps to meet ongoing operational demands.
(3) Any mechanisms the Secretary intends to use to mitigate any
risks associated with the squadron size reduction.
(4) The effect of the reduction on pilots and ground support
crews of F/A-18 aircraft, in terms of training, readiness, and war
fighting capabilities.
(e) Report On F/A-18 Aircraft Training Squadrons.--Before reducing
the size of an F/A-18 aircraft training squadron, or transferring an F/
A-18 training aircraft for operational needs, the Secretary shall
submit to the congressional defense committees a report that
describes--
(1) any risks to sustaining required training of F/A-18
aircraft pilots with a reduced training aircraft base; and
(2) any actions the Navy is taking to mitigate the risks
described under paragraph (1).
Subtitle C--Joint and Multiservice Matters
SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2011 for biometrics programs and
operations, not more than 85 percent may be obligated or expended
until--
(1) the Secretary of Defense submits to the congressional
defense committees a report on the actions taken and planned to be
taken--
(A) to implement subparagraphs (A) through (F) of paragraph
(16) of the National Security Presidential Directive dated June
5, 2008 (NSPD-59);
(B) to implement the recommendations of the Comptroller
General of the United States included in the report of the
Comptroller General numbered GAO-08-1065 dated September 2008;
(C) to implement the recommendations of the Comptroller
General included in the report of the Comptroller General
numbered GAO-09-49 dated October 2008;
(D) to fully and completely characterize the current
biometrics architecture and establish the objective
architecture for the Department of Defense;
(E) to ensure that an official of the Office of the
Secretary of Defense has the authority necessary to be
responsible for ensuring that all funding for biometrics
programs and operations is programmed, budgeted, and executed;
and
(F) to ensure that an officer within the Office of the
Joint Chiefs of Staff has the authority necessary to be
responsible for ensuring the development and implementation of
common and interoperable standards for the collection, storage,
and use of biometrics data by all commanders of the combatant
commands and their commands; and
(2) a period of 30 days has elapsed after the date on which the
report is submitted under paragraph (1).
SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F-35 JOINT
STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) System Management Plan.--
(1) Plan required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall establish a management plan for the F-35 Joint
Strike Fighter aircraft program under which decisions to commit to
specified levels of production are linked to progress in meeting
specified program milestones, including design, manufacturing,
testing, and fielding milestones for critical system maturity
elements.
(2) Nature of plan.--The plan under paragraph (1) shall align
technical progress milestones with acquisition milestones in a
system maturity matrix. The matrix shall provide criteria and
conditions for comparing expected levels of demonstrated system
maturity with annual production commitments, starting with the
fiscal year 2012 production program, and continuing over the
remaining life of the system development and demonstration program.
The matrix and criteria shall include elements such as the
following:
(A) Manufacturing maturity, including on-time deliveries,
manufacturing process control, quality rates, and labor
efficiency rates.
(B) Engineering maturity, including metrics for the number
of new design actions and number of design changes in a given
period.
(C) Performance and testing progress, including test
points, hours and flights accomplished, capabilities
demonstrated, key performance parameters, and attributes
demonstrated.
(D) Mission effectiveness and system reliability, including
operational effectiveness and reliability growth.
(E) Training, fielding, and deployment status.
(b) Reports to Congress.--
(1) Initial report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the plan
required by subsection (a). The report shall include--
(A) the proposed system maturity matrix described in
subsection (a)(2), including a description, for each element
specified in the matrix under subsection (a)(2), of the
criteria and milestones to be used in evaluating actual program
performance against planned performance for each annual
production commitment; and
(B) a description of the actions to be taken to implement
the plan.
(2) Updates.--The Secretary shall submit to Congress, at or
about the same time as the submittal to Congress of the budget of
the President for any fiscal year after fiscal year 2012 (as
submitted pursuant to section 1105(a) of title 31, United States
Code), any modification to the plan required by subsection (a) that
was made during the preceding calendar year, including a rationale
for each such modification.
(c) Report on Capabilities of Marine Corps Variant of F-35 Fighter
Aircraft at Initial Operating Capability.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the expected
capabilities of the F-35B Joint Strike Fighter aircraft at the time
when the Marine Corps plans to declare Initial Operating Capability
for the F-35B Joint Strike Fighter aircraft. The report shall be
prepared in consultation with the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(2) Elements.--The report under paragraph (1) shall including a
description of the following with respect to the F-35B Joint Strike
Fighter aircraft:
(A) Performance of the aircraft and its subsystems,
compared to key performance parameters.
(B) Expected capability to perform Marine Corps missions.
(C) Required maintenance and logistics standards, including
mission capability rates.
(D) Expected levels of crew training and performance.
(E) Product improvements that are planned before the
Initial Operating Capability of the aircraft to be made after
the Initial Operating Capability of the aircraft, as planned in
March 2010.
SEC. 123. QUARTERLY REPORTS ON USE OF COMBAT MISSION REQUIREMENTS
FUNDS.
(a) Quarterly Reports Required.--
(1) In general.--Not later than 30 days after the end of each
fiscal quarter, the commander of the United States Special
Operations Command shall submit to the congressional defense
committees a report on the use of Combat Mission Requirements funds
during the preceding fiscal quarter.
(2) Combat mission requirements funds.--For purposes of this
section, Combat Mission Requirements funds are amounts available to
the Department of Defense for Defense-wide procurement in the
Combat Mission Requirements subaccount of the Defense-wide
Procurement account.
(b) Elements.--Each report under subsection (a) shall include, for
the fiscal quarter covered by such report, the following:
(1) The balance of the Combat Mission Requirements subaccount
at the beginning of such quarter.
(2) The balance of the Combat Mission Requirements subaccount
at the end of such quarter.
(3) Any transfer of funds into or out of the Combat Mission
Requirements subaccount during such quarter, including the source
of any funds transferred into the subaccount, and the objective of
any transfer of funds out of the subaccount.
(4) A description of any requirement--
(A) approved for procurement using Combat Mission
Requirements funds during such quarter; or
(B) procured using such funds during such quarter.
(5) With respect to each description of a requirement under
paragraph (4), the amount of Combat Mission Requirements funds
committed to the procurement or approved procurement of such
requirement.
(c) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 124. COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES DATABASE.
(a) Comprehensive Database.--
(1) In general.--The Secretary of Defense, acting through the
Director of the Joint Improvised Explosive Device Defeat
Organization, shall develop and maintain a comprehensive database
containing appropriate information for coordinating, tracking, and
archiving each counter-improvised explosive device initiative
within the Department of Defense. The database shall, at a minimum,
ensure the visibility of each counter-improvised explosive device
initiative.
(2) Use of information.--Using information contained in the
database developed under paragraph (1), the Secretary, acting
through the Director of the Joint Improvised Explosive Device
Defeat Organization, shall--
(A) identify and eliminate redundant counter-improvised
explosive device initiatives;
(B) facilitate the transition of counter-improvised
explosive device initiatives from funding under the Joint
Improvised Explosive Device Defeat Fund to funding provided by
the military departments; and
(C) notify the appropriate personnel and organizations
prior to a counter-improvised explosive device initiative being
funded through the Joint Improvised Explosive Device Defeat
Fund.
(3) Coordination.--In carrying out paragraph (1), the Secretary
shall ensure that the Secretary of each military department
coordinates and collaborates on development of the database to
ensure its interoperability, completeness, consistency, and
effectiveness.
(b) Metrics.--The Secretary of Defense, acting through the Director
of the Joint Improvised Explosive Device Defeat Organization, shall--
(1) develop appropriate means to measure the effectiveness of
counter-improvised explosive device initiatives; and
(2) prioritize the funding of such initiatives according to
such means.
(c) Counter-improvised Explosive Device Initiative Defined.--In
this section, the term ``counter-improvised explosive device
initiative'' means any project, program, or research activity funded by
any component of the Department of Defense that is intended to assist
or support efforts to counter, combat, or defeat the use of improvised
explosive devices.
SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.
(a) Study Required.--The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
conduct a study to--
(1) assess the effectiveness of the processes used by the
Secretary to identify and examine the requirements for lighter
weight body armor systems; and
(2) determine ways in which the Secretary may more effectively
address the research, development, and procurement requirements
regarding reducing the weight of body armor.
(b) Matters Covered.--The study conducted under subsection (a)
shall include findings and recommendations regarding the following:
(1) The requirement for lighter weight body armor and personal
protective equipment and the ability of the Secretary to meet such
requirement.
(2) Innovative design ideas for more modular body armor that
allow for scalable protection levels for various missions and
threats.
(3) The need for research, development, and acquisition funding
dedicated specifically for reducing the weight of body armor.
(4) The efficiency and effectiveness of current body armor
funding procedures and processes.
(5) Industry concerns, capabilities, and willingness to invest
in the development and production of lightweight body armor
initiatives.
(6) Barriers preventing the development of lighter weight body
armor (including such barriers with respect to technical,
institutional, or financial problems).
(7) Changes to procedures or policy with respect to lightweight
body armor.
(8) Other areas of concern not previously addressed by
equipping boards, body armor producers, or program managers.
(c) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study conducted under
subsection (a).
SEC. 126. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO CERTAIN
AIRCRAFT.
(a) Analysis of Feasibility Required.--The Secretary of Defense
shall conduct an analysis of the feasibility of integrating solid state
laser systems into the aircraft platforms specified in subsection (b)
for purposes of permitting such aircraft to accomplish their missions,
including to provide close air support.
(b) Aircraft.--The aircraft platforms specified in this subsection
shall include, at a minimum, the following:
(1) The C-130 aircraft.
(2) The B-1 bomber aircraft.
(3) The F-35 fighter aircraft.
(c) Scope of Analysis.--The analysis required by subsection (a)
shall include a determination of the following:
(1) The estimated cost per unit of each laser system analyzed.
(2) The estimated cost of operation and maintenance of each
aircraft platform specified in subsection (b) in connection with
each laser system analyzed, noting that the fidelity of such
analysis may not be uniform for all aircraft platforms.
SEC. 127. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE CAPACITIES.
(a) Telescope Requirements Under Contracts After 2010.--Except as
provided in subsection (b), any contract for additional commercial
imaging satellite capability or capacity entered into by the Department
of Defense after December 31, 2010, shall require that the imaging
telescope providing such capability or capacity under such contract has
an aperture of not less than 1.5 meters.
(b) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if--
(1) the Secretary submits to the congressional defense
committees written certification that the waiver is in the national
security interests of the United States; and
(2) a period of 30 days has elapsed following the date on which
the certification under paragraph (1) is submitted.
(c) Continuation of Current Contracts.--The limitation in
subsection (a) may not be construed to prohibit or prevent the
Secretary of Defense from continuing or maintaining current commercial
imaging satellite capability or capacity in orbit or under contract by
December 31, 2010.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
Sec. 215. Demonstration and pilot projects on cybersecurity.
Subtitle C--Missile Defense Programs
Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.
Subtitle E--Other Matters
Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during
research and development of defense systems.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,093,704,000.
(2) For the Navy, $17,881,008,000.
(3) For the Air Force, $27,319,627,000.
(4) For Defense-wide activities, $21,292,576,000, of which
$194,910,000 is authorized for the Director of Operational Test and
Evaluation.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF SCIENCE,
MATHEMATICS, AND ENGINEERING EDUCATION.
(a) Discharge of Support Through Military Departments.--Section
2192(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Defense may carry out the authority in
paragraph (1) through the Secretaries of the military departments.''.
(b) Partnership Intermediaries for Purposes of Education
Partnerships.--Section 2194 of such title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) The Secretary of Defense may permit the director of a defense
laboratory to enter into a cooperative agreement with an appropriate
entity to act as an intermediary and assist the director in carrying
out activities under this section.''.
SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY FOR OPERATION OF NATIONAL CYBER RANGE.
(a) Prohibition on Use of Funds Pending Report.--Amounts authorized
to be appropriated by this Act and available to the Defense Advanced
Research Projects Agency may not be obligated or expended for the
National Cyber Range established in support of the Comprehensive
National Cybersecurity Initiative until the date that is 90 days after
the date on which the Under Secretary of Defense for Acquisition,
Technology, and Logistics submits to the Committees on Armed Services
of the Senate and the House of Representatives a report described in
subsection (c).
(b) Limitation on Use of Funds After Report.--Commencing on the
date that is 90 days after the date on which the Under Secretary
submits a report described in subsection (c), amounts described in
subsection (a) shall be available for obligation or expenditure only
for the purposes of research and development activities that the Under
Secretary considers appropriate for ensuring and assessing the
functionality of the National Cyber Range.
(c) Report.--
(1) In general.--The report described in this subsection is a
report setting forth a plan for the transition of the National
Cyber Range to operation and sustainment.
(2) Elements.--The report shall include, at a minimum, the
following:
(A) An analysis of various potential recipients under the
transition of the National Cyber Range.
(B) For each recipient analyzed under subparagraph (A), a
description of the proposed transition of the National Cyber
Range to such recipient, including the proposed schedule and
funding for such transition.
(3) Potential recipients.--The recipients analyzed in the
report under paragraph (2)(A) shall include, at a minimum, the
following:
(A) A consortium for the operation and sustainment of the
National Cyber Range as a government-owned, government-operated
facility.
(B) A consortium for the operation and sustainment of the
National Cyber Range as a government-owned, contractor-operated
facility.
SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND
DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE.
In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for fiscal
year 2012, and each subsequent fiscal year, the Secretary shall ensure
that within each research, development, test, and evaluation account of
the Army and the Navy a separate, dedicated program element is assigned
to the Joint Light Tactical Vehicle.
SEC. 214. PROGRAM FOR RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF
ADVANCED GROUND VEHICLES, GROUND VEHICLE SYSTEMS, AND COMPONENTS.
(a) Program Authorized.--The Secretary of Defense may carry out a
program for research and development on, and deployment of, advanced
technology ground vehicles, ground vehicle systems, and components
within the Department of Defense.
(b) Goals and Objectives.--The goals and objectives of the program
authorized by subsection (a) are as follows:
(1) To identify and support technological advances that are
necessary for the development of advanced technologies for use in
ground vehicles of types to be used by the Department of Defense.
(2) To procure and deploy significant quantities of advanced
technology ground vehicles for use by the Department.
(3) To maximize the leverage of Federal and nongovernment funds
used for the development and deployment of advanced technology
ground vehicles, ground vehicle systems, and components.
(c) Elements of Program.--The program authorized by subsection (a)
may include--
(1) enhanced research and development activities for advanced
technology ground vehicles, ground vehicle systems, and components,
including--
(A) increased investments in research and development of
batteries, advanced materials, power electronics, fuel cells
and fuel cell systems, hybrid systems, and advanced engines;
(B) pilot projects for the demonstration of advanced
technologies in ground vehicles for use by the Department of
Defense; and
(C) the establishment of public-private partnerships,
including research centers, manufacturing and prototyping
facilities, and test beds, to speed the development,
deployment, and transition to use of advanced technology ground
vehicles, ground vehicle systems, and components; and
(2) enhanced activities to procure and deploy advanced
technology ground vehicles in the Department, including--
(A) preferences for the purchase of advanced technology
ground vehicles;
(B) the use of authorities available to the Secretary of
Defense to stimulate the development and production of advanced
technology systems and ground vehicles through purchases, loan
guarantees, and other mechanisms;
(C) pilot programs to demonstrate advanced technology
ground vehicles and associated infrastructure at select defense
installations;
(D) metrics to evaluate environmental and other benefits,
life cycle costs, and greenhouse gas emissions associated with
the deployment of advanced technology ground vehicles; and
(E) schedules and objectives for the conversion of the
ground vehicle fleet of the Department to advanced technology
ground vehicles.
(d) Cooperation With Industry and Academia.--
(1) In general.--The Secretary may carry out the program
authorized by subsection (a) through partnerships and other
cooperative agreements with private sector entities, including--
(A) universities and other academic institutions;
(B) companies in the automobile and truck manufacturing
industry;
(C) companies that supply systems and components to the
automobile and truck manufacturing industry; and
(D) any other companies or private sector entities that the
Secretary considers appropriate.
(2) Nature of cooperation.--The Secretary shall ensure that any
partnership or cooperative agreement under paragraph (1) provides
for private sector participants to collectively contribute, in cash
or in kind, not less than one-half of the total cost of the
activities carried out under such partnership or cooperative
agreement.
(e) Coordination With Other Federal Agencies.--The program
authorized by subsection (a) shall be carried out, to the maximum
extent practicable, in coordination with the Department of Energy and
other appropriate departments and agencies of the Federal Government.
SEC. 215. DEMONSTRATION AND PILOT PROJECTS ON CYBERSECURITY.
(a) Demonstration Projects on Processes for Application of
Commercial Technologies to Cybersecurity Requirements.--
(1) Projects required.--The Secretary of Defense and the
Secretaries of the military departments shall jointly carry out
demonstration projects to assess the feasibility and advisability
of using various business models and processes to rapidly and
effectively identify innovative commercial technologies and apply
such technologies to Department of Defense and other cybersecurity
requirements.
(2) Scope of projects.--Any demonstration project under
paragraph (1) shall be carried out in such a manner as to
contribute to the cyber policy review of the President and the
Comprehensive National Cybersecurity Initiative.
(b) Pilot Programs on Cybersecurity Required.--The Secretary of
Defense shall support or conduct pilot programs on cybersecurity with
respect to the following areas:
(1) Threat sensing and warning for information networks
worldwide.
(2) Managed security services for cybersecurity within the
defense industrial base, military departments, and combatant
commands.
(3) Use of private processes and infrastructure to address
threats, problems, vulnerabilities, or opportunities in
cybersecurity.
(4) Processes for securing the global supply chain.
(5) Processes for threat sensing and security of cloud
computing infrastructure.
(c) Reports.--
(1) Reports required.--Not later than 240 days after the date
of the enactment of this Act, and annually thereafter at or about
the time of the submittal to Congress of the budget of the
President for a fiscal year (as submitted pursuant to section
1105(a) of title 31, United States Code), the Secretary of Defense
shall, in coordination with the Secretary of Homeland Security,
submit to Congress a report on any demonstration projects carried
out under subsection (a), and on the pilot projects carried out
under subsection (b), during the preceding year.
(2) Elements.--Each report under this subsection shall include
the following:
(A) A description and assessment of any activities under
the demonstration projects and pilot projects referred to in
paragraph (1) during the preceding year.
(B) For the pilot projects supported or conducted under
subsection (b)(2)--
(i) a quantitative and qualitative assessment of the
extent to which managed security services covered by the
pilot project could provide effective and affordable
cybersecurity capabilities for components of the Department
of Defense and for entities in the defense industrial base,
and an assessment whether such services could be expanded
rapidly to a large scale without exceeding the ability of
the Federal Government to manage such expansion; and
(ii) an assessment of whether managed security services
are compatible with the cybersecurity strategy of the
Department of Defense with respect to conducting an active,
in-depth defense under the direction of United States Cyber
Command.
(C) For the pilot projects supported or conducted under
subsection (b)(3)--
(i) a description of any performance metrics
established for purposes of the pilot project, and a
description of any processes developed for purposes of
accountability and governance under any partnership under
the pilot project; and
(ii) an assessment of the role a partnership such as a
partnership under the pilot project would play in the
acquisition of cyberspace capabilities by the Department of
Defense, including a role with respect to the development
and approval of requirements, approval and oversight of
acquiring capabilities, test and evaluation of new
capabilities, and budgeting for new capabilities.
(D) For the pilot projects supported or conducted under
subsection (b)(4)--
(i) a framework and taxonomy for evaluating practices
that secure the global supply chain, as well as practices
for securely operating in an uncertain or compromised
supply chain;
(ii) an assessment of the viability of applying
commercial practices for securing the global supply chain;
and
(iii) an assessment of the viability of applying
commercial practices for securely operating in an uncertain
or compromised supply chain.
(E) For the pilot projects supported or conducted under
subsection (b)(5)--
(i) an assessment of the capabilities of Federal
Government providers to offer secure cloud computing
environments; and
(ii) an assessment of the capabilities of commercial
providers to offer secure cloud computing environments to
the Federal Government.
(3) Form.--Each report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
Subtitle C--Missile Defense Programs
SEC. 221. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress--
(1) that the phased, adaptive approach to missile defense in
Europe is an appropriate response to the existing ballistic missile
threat from Iran to the European territory of North Atlantic Treaty
Organization countries, and to potential future ballistic missile
capabilities of Iran;
(2) that the phased, adaptive approach to missile defense in
Europe is not intended to, and will not, provide a missile defense
capability relative to the ballistic missile deterrent forces of
the Russian Federation, or diminish strategic stability with the
Russian Federation;
(3) to support the efforts of the United States Government and
the North Atlantic Treaty Organization to pursue cooperation with
the Russian Federation on ballistic missile defense relative to
Iranian missile threats;
(4) that the ground-based midcourse defense system deployed in
Alaska and California currently provides adequate defensive
capability for the United States against currently anticipated
future long-range ballistic missile threats from Iran, and this
capability will be enhanced as the system is improved, including by
the planned deployment of an AN/TPY-2 radar in southern Europe in
2011;
(5) that the ground-based midcourse defense system should be
maintained, enhanced, and adequately tested to ensure its
operational capability through its service life;
(6) that the United States should, as stated in its unilateral
statement accompanying the New START Treaty, ``continue improving
and deploying its missile defense systems in order to defend itself
against limited attack and as part of our collaborative approach to
strengthening stability in key regions'';
(7) that, as part of this effort, the Department of Defense
should pursue the development, testing, and deployment of
operationally effective versions of all variants of the standard
missile-3 for all four phases of the phased, adaptive approach to
missile defense in Europe;
(8) that the standard missile-3 block IIB interceptor missile
planned for deployment in phase 4 of the phased, adaptive approach
should be capable of addressing the potential future threat of
intermediate-range and long-range ballistic missiles from Iran,
including intercontinental ballistic missiles that could be capable
of reaching the United States;
(9) that there are no constraints contained in the New START
Treaty on the development or deployment by the United States of
effective missile defenses, including all phases of the phased,
adaptive approach to missile defense in Europe and further
enhancements to the ground-based midcourse defense system, as well
as future missile defenses; and
(10) that the Department of Defense should continue the
development, testing, and assessment of the two-stage ground-based
interceptor in such a manner as to provide a hedge against
potential technical challenges with the development of the standard
missile-3 block IIB interceptor missile as a means of augmenting
the defense of Europe and of the homeland against a limited
ballistic missile attack from nations such as North Korea or Iran.
(b) New START Treaty Defined.--In this section, the term ``New
START Treaty'' means the Treaty between the United States of America
and the Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8, 2010.
SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE
DEFENSE AGENCY WITH FOREIGN ENTITIES.
Section 222 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431
note) is repealed.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSE
INTERCEPTORS IN EUROPE.
(a) Limitation on Construction and Deployment of Interceptors.--No
funds authorized to be appropriated by this Act or otherwise made
available for the Department of Defense for fiscal year 2011 or any
fiscal year thereafter may be obligated or expended for site
activation, construction, or deployment of missile defense interceptors
on European land as part of the phased, adaptive approach to missile
defense in Europe until--
(1) any nation agreeing to host such system has signed and
ratified a missile defense basing agreement and a status of forces
agreement authorizing the deployment of such interceptors; and
(2) a period of 45 days has elapsed following the date on which
the Secretary of Defense submits to the congressional defense
committees the report on the independent assessment of alternative
missile defense systems in Europe required by section 235(c)(2) of
the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2235).
(b) Limitation on Procurement or Deployment of Interceptors.--No
funds authorized to be appropriated by this Act or otherwise made
available for the Department of Defense for fiscal year 2011 or any
fiscal year thereafter may be obligated or expended for the procurement
(other than initial long-lead procurement) or deployment of operational
missiles on European land as part of the phased, adaptive approach to
missile defense in Europe until the Secretary of Defense, after
receiving the views of the Director of Operational Test and Evaluation,
submits to the congressional defense committees a report certifying
that the proposed interceptor to be deployed as part of such missile
defense system has demonstrated, through successful, operationally
realistic flight testing, a high probability of working in an
operationally effective manner and that such missile defense system has
the ability to accomplish the mission.
(c) Waiver.--The Secretary of Defense may waive the limitations in
subsections (a) and (b) if--
(1) the Secretary submits to the congressional defense
committees written certification that the waiver is in the urgent
national security interests of the United States; and
(2) a period of seven days has elapsed following the date on
which the certification under paragraph (1) is submitted.
(d) Construction.--Nothing in this section shall be construed so as
to limit the obligation and expenditure of funds for any missile
defense activities not otherwise limited by subsection (a) or (b),
including, with respect to the planned deployments of missile defense
interceptors on European land as part of the phased, adaptive approach
to missile defense in Europe--
(1) research, development, test and evaluation;
(2) site surveys;
(3) studies and analyses; and
(4) site planning and design and construction design.
(e) Conforming Repeal.--Section 234 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat.
2234) is repealed.
SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM.
(a) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated in this title for fiscal year 2011 for research,
development, test, and evaluation, Army, of the amount that corresponds
with budget activity five, line 117, in the budget transmitted to
Congress by the President for fiscal year 2011, not more than 25
percent may be obligated or expended until the date on which--
(1) the Secretary of Defense completes the critical design
review and the system program review for the medium extended air
defense system program and decides to proceed with the program; and
(2) the Secretary submits in writing to the congressional
defense committees a report containing the decision referred to in
paragraph (1) to proceed with the medium extended air defense
system.
(b) Further Limitations.--
(1) In general.--Of the amounts authorized to be appropriated
in this title for fiscal year 2011 for research, development, test,
and evaluation, Army, of the amount that corresponds with budget
activity five, line 117, in the budget transmitted to Congress by
the President for fiscal year 2011, not more than 50 percent may be
obligated or expended until a period of 30 days have elapsed
following the date on which the Secretary submits to the
congressional defense committees a report containing the elements
specified in paragraph (2).
(2) Elements of report.--The elements specified in this
paragraph for the report described in paragraph (1) are the
following:
(A) A detailed description of the decision described in
subsection (a)(1) and the explanation for that decision.
(B) A cost estimate performed by the Director of Cost
Assessment and Program Evaluation of the medium extended air
defense system program, including an analysis of the cost
growth in the program and an explanation of what effect such
cost growth would have if the program were subject to the
provisions of section 2433 of title 10, United States Code
(commonly referred to as the ``Nunn-McCurdy Act'').
(C) An analysis of alternatives to the medium extended air
defense system program and its component elements.
(D) A description of the planned schedule and cost for the
development, production, and deployment of the medium extended
air defense system, including the cost and schedule for any
variations to the baseline program to be fielded by the Armed
Forces.
(E) A description of the role of Germany and Italy in the
medium extended air defense system program, including the role
of such countries in procurement or production of elements of
such program.
(F) Any other matters that the Secretary of Defense
considers appropriate.
(c) Form of Reports.--The reports submitted under this section
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 225. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Baselines Required.--The Secretary of Defense shall ensure that
the Missile Defense Agency establishes and maintains an acquisition
baseline for each program element of the ballistic missile defense
system, as specified in section 223 of title 10, United States Code.
(b) Elements of Baselines.--Each acquisition baseline required by
subsection (a) for a program element shall include the following:
(1) A comprehensive schedule for the program element,
including--
(A) research and development milestones;
(B) acquisition milestones, including design reviews and
key decision points;
(C) key test events, including ground and flight tests and
ballistic missile defense system tests; and
(D) delivery and fielding schedules.
(2) A detailed technical description of--
(A) the capability to be developed, including hardware and
software;
(B) system requirements;
(C) how the proposed capability satisfies a capability
identified by the commanders of the combatant commands on a
prioritized capabilities list;
(D) key knowledge points that must be achieved to permit
continuation of the program and to inform production and
deployment decisions; and
(E) how the Missile Defense Agency plans to improve the
capability over time.
(3) A cost estimate for the program element, including--
(A) a life cycle cost estimate;
(B) program acquisition unit costs for the program element;
(C) average procurement unit costs and program acquisition
costs for the program element; and
(D) an identification when the program joint cost analysis
requirements description document is scheduled to be approved.
(4) A test baseline summarizing the comprehensive test program
for the program element outlined in the integrated master test
plan.
(c) Annual Reports on Acquisition Baselines.--
(1) Annual reports required.--Not later than February 15, 2011,
and annually thereafter, the Director of the Missile Defense Agency
shall submit to the congressional defense committees a report on
the acquisition baselines required by subsection (a). The first
such report shall set forth the acquisition baselines, and each
later report shall identify the significant changes or variances,
if any, in any such baseline from any earlier report under this
subsection.
(2) Form.--Each report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
(d) Annual Reports on Missile Defense Executive Board Activities.--
The Director shall include in each report under subsection (c) a
description of the activities of the Missile Defense Executive Board
during the preceding fiscal year, including the following:
(1) A list of each meeting of the Board during the preceding
fiscal year.
(2) The agenda and issues considered at each such meeting.
(3) A description of any decisions or recommendations made by
the Board at each such meeting.
SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED EARLY
WARNING WITH THE CZECH REPUBLIC.
(a) Authority to Support Shared Early Warning.--During fiscal years
2011 and 2012, the Secretary of Defense may carry out a program to
provide a ballistic missile shared early warning capability for the
United States and the Czech Republic.
(b) Fiscal Year 2011 Funding Authorization.--
(1) Of the funds authorized to be appropriated by this Act or
any other Act for fiscal year 2011 for Operation and Maintenance,
Air Force, $1,700,000 may be available for the purposes described
in subsection (a).
(2) Of the funds authorized to be appropriated by this Act or
any other Act for fiscal year 2011 for Other Procurement, Air
Force, $500,000 may be available for the purposes described in
subsection (a).
SEC. 227. REPORT ON PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE IN
EUROPE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the phased, adaptive
approach to missile defense in Europe.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A detailed explanation of--
(A) the analytic basis (including the analytic process and
methodology) that led to the recommendation of the Secretary of
Defense and the Joint Chiefs of Staff to pursue the phased,
adaptive approach to missile defense in Europe, including the
ability to defend deployed forces of the United States, allies,
and partners in Europe, and the United States homeland, against
the existing, emerging, and future threat from Iranian
ballistic missiles in a timely and flexible manner; and
(B) the planned defensive coverage of Europe provided by
such missile defense.
(2) A detailed explanation of the specific elements planned for
each of the four phases of the phased, adaptive approach to missile
defense in Europe, including schedules and parameters of planned
deployments of missile defense systems at sea and on land, and the
knowledge points or milestones that will be required prior to
operational deployment of those elements.
(3) A description of the factors and processes that will be
used to determine the eventual numbers and locations of
interceptors that will be deployed at sea and on land, and the
concept of operations that will enable the phased, adaptive
approach to missile defense in Europe to be operated in a flexible,
adaptable, and survivable manner.
(4) A description of the status of the development or
production of the various elements of the phased, adaptive approach
to missile defense in Europe, particularly the development of the
standard missile-3, block IIA and block IIB interceptors, including
the technical readiness levels of those systems under development
and the plans for retiring the technical risks of such systems.
(5) A description of the advances in technology that are
expected to permit enhanced defensive capability of the phased,
adaptive approach to missile defense in Europe, including airborne
infrared sensor technology, space sensor technology, and enhanced
battle management, command, control, and communications.
(6) A discussion of how the phased, adaptive approach to
missile defense in Europe will meet the operational needs of the
commander of the United States European Command, and how it relates
to plans to use a phased, adaptive approach to missile defense in
other geographic regions.
(7) An explanation of--
(A) the views of the North Atlantic Treaty Organization on
the phased, adaptive approach to missile defense in Europe; and
(B) how such missile defense fits into the current missile
defense strategy of NATO.
(c) Form.--The report shall be in unclassified form, but may
include a classified annex.
SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-BASED
MIDCOURSE DEFENSE SYSTEM.
(a) Independent Review and Assessment Required.--The Secretary of
Defense shall select an appropriate entity outside the Department of
Defense to conduct an independent review and assessment of the ground-
based midcourse defense system.
(b) Elements.--The review and assessment required by this section
shall address the current plans of the Department of Defense with
respect to the following:
(1) The force structure and inventory levels necessary for the
ground-based midcourse defense system to achieve the planned
capabilities of that system, including an analysis of costs and
potential advantages of deploying additional operational ground-
based interceptor missiles.
(2) The number of ground-based interceptor missiles necessary
for operational assets, test assets (including developmental and
operational test assets and aging and surveillance test assets),
and spare missiles for the ground-based midcourse defense system.
(3) The plan to maintain the operational effectiveness of the
ground-based midcourse defense system over the course of its
service life, including any modernization or capability enhancement
efforts, and any sustainment efforts.
(4) The plan for funding the development, production,
deployment, testing, improvement, and sustainment of the ground-
based midcourse defense system.
(5) The plan for flight testing the ground-based midcourse
defense system, including aging and surveillance tests to
demonstrate the continuing effectiveness of the system over the
course of its service life.
(6) The plan for production of ground-based interceptor
missiles necessary for operational test assets, aging and
surveillance test assets, and spare missiles for the ground-based
midcourse defense system.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the entity conducting the review and assessment
under this section shall submit to the Secretary and the congressional
defense committees a report containing--
(1) the results of the review and assessment; and
(2) any recommendations on how the Department of Defense may
improve upon its plans to ensure the availability, reliability,
maintainability, supportability, and improvement of the ground-
based midcourse defense system.
SEC. 229. IRON DOME SHORT-RANGE ROCKET DEFENSE PROGRAM.
Of the funds authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide, the
Secretary of Defense may provide up to $205,000,000 to the government
of Israel for the Iron Dome short-range rocket defense system.
Subtitle D--Reports
SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM
REQUIREMENTS FOR THE GROUND COMBAT VEHICLE PROGRAM.
(a) Report Required.--Not later than January 15, 2011, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Ground Combat Vehicle program of the Army.
Such report shall include--
(1) the results of the analysis of alternatives conducted prior
to milestone A, including any technical data; and
(2) an explanation of any plans to adjust the requirements of
the Ground Combat Vehicle program during the technology development
phase of such program.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Limitation on Obligation of Funds.--Of the funds authorized to
be appropriated by this or any other Act for fiscal year 2011 for
research, development, test, and evaluation, Army, for development of
the Ground Combat Vehicle, not more than 50 percent may be obligated or
expended until the date that is 30 days after the date on which the
report is submitted under subsection (a).
SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED MUNITIONS.
(a) Cost Benefit Analysis Required.--
(1) In general.--The Secretary of the Army shall conduct a cost
benefit analysis of future munitions to be fired from the M1 Abrams
series main battle tank to determine the proper investment to be
made in tank munitions, including beyond line of sight technology.
(2) Elements.--The cost benefit analysis under paragraph (1)
shall include--
(A) the predicted operational performance of future tank-
fired munitions, including those incorporating beyond line of
sight technology, based on the relevant modeling and simulation
of future combat scenarios of the Army, including a detailed
analysis on the suitability of each munition to address the
full spectrum of targets across the entire range of the tank
(including close range, mid-range, long-range, and beyond line
of sight);
(B) a detailed assessment of the projected costs to develop
and field each tank-fired munition included in the analysis,
including those incorporating beyond line of sight technology;
and
(C) a comparative analysis of each tank-fired munition
included in the analysis, including suitability to address
known capability gaps and overmatch against known and projected
threats.
(3) Munitions included.--In conducting the cost benefit
analysis under paragraph (1), the Secretary shall include, at a
minimum, the Mid-Range Munition, the Advanced Kinetic Energy round,
and the Advanced Multipurpose Program.
(b) Briefing.--Not later than April 15, 2011, the Secretary shall
provide a detailed briefing to the congressional defense committees on
the cost benefit analysis conducted under subsection (a).
SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX)
PRESIDENTIAL HELICOPTER ACQUISITION PROGRAM.
(a) Annual GAO Review.--During the period beginning on the date of
the enactment of this Act and ending on March 1, 2013, the Comptroller
General of the United States shall conduct an annual review of the VH-
(XX) aircraft acquisition program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year beginning
in 2011 and ending in 2013, the Comptroller General shall submit to
the congressional defense committees a report on the review of the
VH-(XX) aircraft acquisition program conducted under subsection
(a).
(2) Matters to be included.--Each report on the review of the
VH-(XX) aircraft acquisition program shall include the following:
(A) The extent to which the program is meeting development
and procurement cost, schedule, performance, and risk
mitigation goals.
(B) With respect to meeting the desired initial operational
capability and full operational capability dates for the VH-
(XX) aircraft, the progress and results of--
(i) developmental and operational testing of the
aircraft; and
(ii) plans for correcting deficiencies in aircraft
performance, operational effectiveness, reliability,
suitability, and safety.
(C) An assessment of VH-(XX) aircraft procurement plans,
production results, and efforts to improve manufacturing
efficiency and supplier performance.
(D) An assessment of the acquisition strategy of the VH-
(XX) aircraft, including whether such strategy is in compliance
with acquisition management best-practices and the acquisition
policy and regulations of the Department of Defense.
(E) A risk assessment of the integrated master schedule and
the test and evaluation master plan of the VH-(XX) aircraft as
it relates to--
(i) the probability of success;
(ii) the funding required for such aircraft compared
with the funding programmed; and
(iii) development and production concurrency.
(3) Additional information.--In submitting to the congressional
defense committees the first report under paragraph (1) and a
report following any changes made by the Secretary of the Navy to
the baseline documentation of the VH-(XX) aircraft acquisition
program, the Comptroller General shall include, with respect to
such program, an assessment of the sufficiency and objectivity of--
(A) the analysis of alternatives;
(B) the initial capabilities document;
(C) the capabilities development document; and
(D) the systems requirement document.
Subtitle E--Other Matters
SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT
OF DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT GENERATION
SEMICONDUCTOR TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) The next generation of weapons systems, battlefield
sensors, and intelligence platforms will need to be lighter, more
agile, consume less power, and have greater computational power,
which can be achieved by decreasing the feature size of integrated
circuits to the nanometer scale.
(2) There is a growing concern in the Department of Defense and
the United States intelligence community over the offshore shift in
development and production of high capacity semiconductors. Greater
reliance on providers of semiconductors in the United States high
technology industry would help mitigate the security risks of such
an offshore shift.
(3) The development of new manufacturing technologies is
recognized in the semiconductor industry as critical to the
development of the next generation of integrated circuits.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue research and development
capabilities to take the lead in developing and producing the next
generation of integrated circuits; and
(2) the Department of Defense should continue to work with
industry and academia in pursuing the research and development of
advanced manufacturing techniques in support of the development of
the next generation of integrated circuits needed for the
requirements and specialized applications of the Department of
Defense.
SEC. 242. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.
(a) Pilot Program.--The Secretary of Defense, in coordination with
the Secretary of Energy, may carry out a collaborative energy security
pilot program involving one or more partnerships between one military
installation and one national laboratory, for the purpose of evaluating
and validating secure, salable microgrid components and systems for
deployment.
(b) Selection of Military Installation and National Laboratory.--If
the Secretary of Defense carries out a pilot program under this
section, the Secretary of Defense and the Secretary of Energy shall
jointly select a military installation and a national laboratory for
the purpose of carrying out the pilot program. In making such
selections, the Secretaries shall consider each of the following:
(1) A commitment to participate made by a military installation
being considered for selection.
(2) The findings and recommendations of relevant energy
security assessments of military installations being considered for
selection.
(3) The availability of renewable energy sources at a military
installation being considered for selection.
(4) Potential synergies between the expertise and capabilities
of a national laboratory being considered for selection and the
infrastructure, interests, or other energy security needs of a
military installation being considered for selection.
(5) The effects of any utility tariffs, surcharges, or other
considerations on the feasibility of enabling any excess
electricity generated on a military installation being considered
for selection to be sold or otherwise made available to the local
community near the installation.
(c) Program Elements.--A pilot program under this section shall be
carried out as follows:
(1) Under the pilot program, the Secretaries shall evaluate and
validate the performance of new energy technologies that may be
incorporated into operating environments.
(2) The pilot program shall involve collaboration with the
Office of Electricity Delivery and Energy Reliability of the
Department of Energy and other offices and agencies within the
Department of Energy, as appropriate, and the Environmental
Security Technical Certification Program of the Department of
Defense.
(3) Under the pilot program, the Secretary of Defense shall
investigate opportunities for any excess electricity created for
the military installation to be sold or otherwise made available to
the local community near the installation.
(4) The Secretary of Defense shall use the results of the pilot
program as the basis for informing key performance parameters and
validating energy components and designs that could be implemented
in various military installations across the country and at forward
operating bases.
(5) The pilot program shall support the effort of the Secretary
of Defense to use the military as a test bed to demonstrate
innovative energy technologies.
(d) Implementation and Duration.--If the Secretary of Defense
carries out a pilot program under this section, such pilot program
shall begin by not later than July 1, 2011, and shall be not less than
three years in duration.
(e) Reports.--
(1) Initial report.--If the Secretary of Defense carries out a
pilot program under this section, the Secretary shall submit to the
appropriate congressional committees by not later than October 1,
2011, an initial report that provides an update on the
implementation of the pilot program, including an identification of
the selected military installation and national laboratory partner
and a description of technologies under evaluation.
(2) Final report.--Not later than 90 days after completion of a
pilot program under this section, the Secretary shall submit to the
appropriate congressional committees a report on the pilot program,
including any findings and recommendations of the Secretary.
(f) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Science and
Technology of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) The term ``microgrid'' means an integrated energy system
consisting of interconnected loads and distributed energy resources
(including generators, energy storage devices, and smart controls)
that can operate with the utility grid or in an intentional
islanding mode.
(3) The term ``national laboratory'' means--
(A) a national laboratory (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) a national security laboratory (as defined in section
3281 of the National Nuclear Security Administration Act (50
U.S.C. 2471)).
SEC. 243. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES
DURING RESEARCH AND DEVELOPMENT OF DEFENSE SYSTEMS.
(a) Pilot Program.--The Secretary of Defense shall carry out a
pilot program to develop and incorporate technology protection features
in a designated system during the research and development phase of
such system.
(b) Annual Reports.--Not later than December 31 of each year in
which the Secretary carries out the pilot program established under
this section, the Secretary shall submit to the congressional defense
committees a report on the pilot program, including a list of each
designated system included in the program.
(c) Termination.--The pilot program established under this section
shall terminate on October 1, 2015.
(d) Definitions.--In this section:
(1) The term ``designated system'' means any system (including
a major system, as defined in section 2302(5) of title 10, United
States Code) that the Under Secretary of Defense for Acquisition,
Technology, and Logistics designates as being included in the pilot
program established under this section.
(2) The term ``technology protection features'' means the
technical modifications necessary to protect critical program
information, including anti-tamper technologies and other systems
engineering activities intended to prevent or delay exploitation of
critical technologies in a designated system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station, Brunswick,
Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
Sec. 322. Repeal of conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance and repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense civilian
employees.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged for
use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military
requirements.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of civilian
passengers and commercial cargoes by Department of Defense
when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of certain
Department of Defense functions by civilian employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $33,921,165,000.
(2) For the Navy, $38,232,943,000.
(3) For the Marine Corps, $5,590,340,000.
(4) For the Air Force, $36,822,516,000.
(5) For Defense-wide activities, $30,562,619,000.
(6) For the Army Reserve, $2,879,077,000.
(7) For the Naval Reserve, $1,367,764,000.
(8) For the Marine Corps Reserve, $285,234,000.
(9) For the Air Force Reserve, $3,403,827,000.
(10) For the Army National Guard, $6,621,704,000.
(11) For the Air National Guard, $6,042,239,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,068,000.
(13) For the Acquisition Development Workforce Fund,
$217,561,000.
(14) For Environmental Restoration, Army, $444,581,000.
(15) For Environmental Restoration, Navy, $304,867,000.
(16) For Environmental Restoration, Air Force, $502,653,000.
(17) For Environmental Restoration, Defense-wide, $10,744,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $296,546,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $108,032,000.
(20) For Cooperative Threat Reduction programs, $522,512,000.
Subtitle B--Energy and Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION
PLANT, MINNESOTA.
(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection (b)
and notwithstanding section 2215 of title 10, United States Code,
the Secretary of Defense may transfer not more than $5,611,670.67
in fiscal year 2011 to the Hazardous Substance Superfund.
(2) Purpose of reimbursement.--The amount authorized to be
transferred under paragraph (1) is to reimburse the Environmental
Protection Agency for costs the Agency incurred relating to the
response actions performed at the Twin Cities Army Ammunition
Plant, Minnesota.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is intended to satisfy certain terms of the
interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Twin Cities Army
Ammunition Plant that took effect in December 1987 and that
provided for the recovery of expenses by the Agency from the
Department of the Army.
(b) Source of Funds.--The transfer of funds authorized in
subsection (a) shall be made using funds authorized to be appropriated
for fiscal year 2011 for operation and maintenance for Environmental
Restoration, Army.
SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH NAVAL AIR STATION, BRUNSWICK, MAINE.
(a) Authority to Transfer Funds.--From amounts authorized to be
appropriated for fiscal year 2011 for the Department of Defense Base
Closure Account 2005, and notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer an amount of
not more than $153,000 to the Hazardous Substance Superfund established
under subchapter A of chapter 98 of the Internal Revenue Code of 1986.
(b) Purpose of Transfer.--The purpose of a transfer made under
subsection (a) is to satisfy a stipulated penalty assessed by the
Environmental Protection Agency on June 12, 2008, against Naval Air
Station, Brunswick, Maine, for the failure of the Navy to sample
certain monitoring wells in a timely manner pursuant to a schedule
included in the Federal facility agreement for Naval Air Station,
Brunswick, which was entered into by the Secretary of the Navy and the
Administrator of the Environmental Protection Agency on October 19,
1990.
(c) Acceptance of Payment.--If the Secretary of Defense makes a
transfer authorized under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount transferred as
payment in full of the penalty referred to in subsection (b).
SEC. 313. REQUIREMENTS RELATED TO THE INVESTIGATION OF EXPOSURE TO
DRINKING WATER AT CAMP LEJEUNE, NORTH CAROLINA.
(a) Findings.--Congress makes the following findings:
(1) The Department of the Navy and the Agency for Toxic
Substances and Disease Registry (hereinafter in this section
referred to as ``ATSDR'') have been working together for almost two
decades to identify the possible effects of exposure to
contaminated drinking water at Camp Lejeune, North Carolina.
(2) Multiple studies have been conducted, and are being
conducted, which require significant amounts of data and historical
documentation, requiring the Department of the Navy and ATSDR to
have close collaboration and open access to information.
(3) In June 2010, the Department of the Navy and ATSDR
established the Camp Lejeune Data Mining Technical Workgroup to
identify and inventory information and data relevant to the ongoing
scientific research.
(b) Requirements.--
(1) ATSDR access to data.--By not later than 90 days after the
date of the enactment of this Act, the Secretary of the Navy shall
ensure that the inventory created by the Camp Lejeune Data Mining
Technical Workgroup is accurate and complete and that ATSDR has
full access to all of the documents and data listed therein as
needed.
(2) Availability of new and newly discovered documents.--If
after the date of enactment of this Act the Secretary of the Navy
generates any new document, record, or electronic data, or comes
into possession of any existing document, record, or electronic
data not previously provided in the Camp Lejeune Data Mining
Technical Workgroup, the Secretary of the Navy shall make such
information immediately available to ATSDR with an electronic
inventory incorporating the newly located or generated document,
record, or electronic data.
(3) Limitation on adjudication of claims.--None of the funds
authorized to be appropriated by this Act for fiscal year 2011 may
be used to adjudicate any administrative claim filed with the
Department of the Navy regarding water contamination at Camp
Lejeune, North Carolina, until at least 45 days after the date on
which the Secretary of the Navy notifies the Committees on Armed
Services of the Senate and House of Representatives of the
intention of the Secretary to adjudicate the claim.
SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILITARY ENVIRONMENTAL
EXPOSURES.
(a) Findings.--Congress makes the following findings:
(1) There have been various reports of the exposure of current
and former members of the Armed Forces, their dependents, and
civilian employees to environmental hazards while living and
working on military installations.
(2) There is the need to better understand existing Department
of Defense policies and procedures for addressing possible
environmental exposures at military installations, determining any
correlation between such an exposure and a subsequent health
condition, and handling claims and potential compensation.
(3) While many of these possible exposures have been studied
and evaluated, the extent to which those exposures caused or
contributed to the short- and long-term health conditions of
current and former members of the Armed Forces, their dependents,
and civilian employees remains largely unknown.
(4) As for these possible exposures and the link between the
exposure and subsequent health conditions, there may be better ways
for the Federal Government to evaluate, address and, as warranted,
provide health benefits or possible compensation as a remedy to
these potential exposures.
(b) Comptroller General Assessment Required.--The Comptroller
General of the United States shall carry out an assessment of possible
exposures to environmental hazards on military installations that
includes the following:
(1) An identification of the policies and processes by which
the Department of Defense and the military departments respond to
environmental hazards on military installations and possible
exposures and determine if there is a standard framework.
(2) An identification of the existing processes available to
current and former members of the Armed Forces, their dependents,
and civilian employees to seek compensation and health benefits for
exposures to environmental hazards on military installations.
(3) A comparison of the processes identified under paragraph
(2) with other potential options or methods for providing health
benefits or compensation to individuals for injuries that may have
resulted from environmental hazards on military installations.
(4) An examination of what is known about the advantages and
disadvantages of other potential options or methods as well as any
shortfalls in the current processes.
(5) Recommendations for any administrative or legislative
action that the Comptroller General deems appropriate in the
context of the assessment.
(c) Report.--Not later than January 1, 2012, the Comptroller
General shall submit to the Chairmen and Ranking Members of the
Committees on Armed Services of the Senate and the House of
Representatives a report on the findings and recommendations, as
appropriate, of the Comptroller General with respect to the assessment
conducted under subsection (b).
(d) Coordination.--In carrying out subsection (b), the Comptroller
General shall receive comments from the Secretary of Defense and
others, as appropriate.
(e) Construction.--Nothing in this section shall be interpreted to
impede, encroach, or delay--
(1) any studies, reviews, or assessments of any actual or
potential environmental exposures at any military installation,
including the studies included in the Agency for Toxic Substances
and Disease Registry's Annual Plan of Work regarding the water
contamination at Camp Lejeune, North Carolina;
(2) the Agency for Toxic Substances and Disease Registry's
statutory obligations, including its obligations under the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.) regarding Superfund sites; or
(3) the remediation of any environmental contamination or
hazard at any military installation.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801(c)(4) of title 10, United States Code.
Subtitle C--Workplace and Depot Issues
SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT
INVENTORY.
Section 2330a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking the second sentence;
(B) by inserting after the first sentence the following new
sentence: ``The guidance for compiling the inventory shall be
issued by the Under Secretary of Defense for Personnel and
Readiness, the Under Secretary of Defense (Comptroller), and
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, as follows:''; and
(C) by inserting after the sentence added by subparagraph
(B) the following:
``(A) The Under Secretary of Defense for Personnel and
Readiness, as supported by the Under Secretary of Defense
(Comptroller), shall be responsible for developing guidance for--
``(i) the collection of data regarding functions and
missions performed by contractors in a manner that is
comparable to the manpower data elements used in inventories of
functions performed by Department of Defense employees; and
``(ii) the calculation of contractor manpower equivalents
in a manner that is comparable to the calculation of full-time
equivalents for use in inventories of functions performed by
Department of Defense employees.
``(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall be responsible for developing
guidance on other data elements and implementing procedures.'';
(3) by inserting after subparagraph (B) of paragraph (1), as
added by paragraph (2), the following:
``(2) The entry for an activity on an inventory under this
subsection shall include, for the fiscal year covered by such entry,
the following:''; and
(4) in paragraph (2), as redesignated by paragraph (3), by
striking subparagraph (E) and inserting the following new
subparagraph (E):
``(E) The number of contractor employees, expressed as full-
time equivalents for direct labor, using direct labor hours and
associated cost data collected from contractors (except that
estimates may be used where such data is not available and cannot
reasonably be made available in a timely manner for the purpose of
the inventory).''.
SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED
UNDER PRIME VENDOR CONTRACTS FOR DEPOT-LEVEL MAINTENANCE AND
REPAIR.
Section 346 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C.
2464 note) is repealed.
SEC. 323. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR
CONVERSION OF FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES.
(a) Prohibition.--The Secretary of Defense may not establish,
apply, or enforce any numerical goal, target, or quota for the
conversion of Department of Defense functions to performance by
Department of Defense civilian employees, unless such goal, target, or
quota is based on considered research and analysis, as required by
section 235, 2330a, or 2463 of title 10, United States Code.
(b) Decisions to Insource.--In deciding which functions should be
converted to performance by Department of Defense civilian employees
pursuant to section 2463 of title 10, United States Code, the Secretary
of Defense shall use the costing methodology outlined in the Directive-
Type Memorandum 09-007 (Estimating and Comparing the Full Costs of
Civilian and Military Manpower and Contractor Support) or any successor
guidance for the determination of costs when costs are the sole basis
for the decision. The Secretary of a military department may issue
supplemental guidance to assist in such decisions affecting functions
of that military department.
(c) Reports.--
(1) Report to congress.--Not later than March 31, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the decisions with respect to the conversion
of functions to performance by Department of Defense civilian
employees made during fiscal year 2010. Such report shall identify,
for each such decision--
(A) the agency or service of the Department involved in the
decision;
(B) the basis and rationale for the decision; and
(C) the number of contractor employees whose functions were
converted to performance by Department of Defense civilian
employees.
(2) Comptroller general review.--Not later than 120 days after
the submittal of the report under paragraph (1), the Comptroller
General of the United States shall submit to the congressional
defense committees an assessment of the report.
(d) Construction.--Nothing in this section shall be construed--
(1) to preclude the Secretary of Defense from establishing,
applying, and enforcing goals for the conversion of acquisition
functions and other critical functions to performance by Department
of Defense civilian employees, where such goals are based on
considered research and analysis; or
(2) to require the Secretary of Defense to conduct a cost
comparison before making a decision to convert any acquisition
function or other critical function to performance by Department of
Defense civilian employees, where factors other than cost serve as
a basis for the Secretary's decision.
Subtitle D--Reports
SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION
PREVENTION PROJECTS AND ACTIVITIES.
Section 2228(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``The'' and inserting
``For the fiscal year covered by the report and the preceding
fiscal year, the''; and
(B) by adding at the end the following new subparagraph:
``(E) For the fiscal year covered by the report and the
preceding fiscal year, the amount of funds requested in the budget
for each project or activity described in subsection (d) compared
to the funding requirements for the project or activity.'';
(2) in paragraph (2)(B), by inserting before the period at the
end the following: ``, including the annex to the report described
in paragraph (3)''; and
(3) by adding at the end the following new paragraph:
``(3) Each report under this section shall include, in an annex to
the report, a copy of the annual corrosion report most recently
submitted by the corrosion control and prevention executive of each
military department under section 903(b)(5) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4567; 10 U.S.C. 2228 note).''.
SEC. 332. MODIFICATION AND REPEAL OF CERTAIN REPORTING
REQUIREMENTS.
(a) Prioritization of Funds.--Subsection (a) of section 323 of the
John Warner National Defense Authorization Act for Fiscal Year 2007 (10
U.S.C. 229 note) is amended--
(1) in paragraph (1), by striking ``the global war on
terrorism'' and inserting ``overseas contingency operations''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``units transforming
to modularity'' and inserting ``modular units''; and
(B) in subparagraph (B), by striking ``2012'' and inserting
``2015''.
(b) Budget Information.--Subsection (b) of such section is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``the global war on terrorism'' and
inserting ``overseas contingency operations''; and
(ii) by inserting ``and'' at the end;
(B) in subparagraph (B)--
(i) in clause (i), by striking ``units transforming to
modularity'' and inserting ``modular units''; and
(ii) by striking ``; and'' at the end and inserting a
period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (3).
(c) Annual Report on Army Progress.--Subsection (c) of such section
is amended--
(1) by striking paragraphs (1), (2), (3), (4), (5), (6), and
(7);
(2) by redesignating paragraphs (8) and (9) as subparagraphs
(D) and (F), respectively;
(3) by submitting ``(1)'' before ``On the date'';
(4) in paragraph (1), as designated by paragraph (3) of this
subsection, by striking ``in meeting'' and all that follows through
``shall be itemized'' and inserting ``in fulfilling the key enabler
equipment requirements of modular units and in repairing,
recapitalizing, and replacing equipment and materiel used in
support of overseas contingency operations underway as of the date
of such report, and associated sustainment. Any information
included in the report shall be itemized'';
(5) by striking ``Each such report'' and all that follows
through the colon and inserting the following:
``(2) Each such report shall include the following:
``(A) An assessment of the key enabler equipment and personnel
of the Army, including--
``(i) a comparison of--
``(I) the authorized level of key enabler equipment;
``(II) the level of key enabler equipment on hand; and
``(III) the planned purchases of key enabler equipment
as set forth in the future-years defense program submitted
with the budget for such fiscal year;
``(ii) a comparison of the authorized and actual personnel
levels for personnel with key enabler personnel specialities
with the requirements for key enabler personnel specialties;
``(iii) an identification of any shortfalls indicated by
the comparisons in clauses (i) and (ii); and
``(iv) an assessment of the number and type of key enabler
equipment that the Army projects it will have on hand by the
end of such future-years defense program that will require
repair, recapitalization, or replacement at or before the end
of the time period covered by such future-years defense program
(which assessment shall account for additional repair,
recapitalization, or replacement resulting from use of key
enabler equipment in overseas contingency operations).
``(B) If an assessment under subparagraph (A) identifies
shortfalls that will exist within the period covered by the future-
years defense program submitted in such fiscal year, an
identification of the risks associated with such shortfalls and
mitigation strategies to address such risks.
``(C) A schedule for the accomplishment of the purposes set
forth in paragraph (1).'';
(6) in paragraph (2), as amended by paragraphs (2) and (5) of
this subsection, by inserting after subparagraph (D) the following
new subparagraph:
``(E) A description of the status of the development of
doctrine on how modular combat, functional, and support forces will
train, be sustained, and fight.''; and
(7) in subparagraph (F) of paragraph (2) as redesignated by
paragraphs (2) and (5) of this subsection, by striking ``paragraphs
(1) through (8)'' and inserting ``subparagraphs (A) through (E)''.
(d) Annual Comptroller General on Army Progress.--Subsection (d) of
such section is amended to read as follows:
``(d) Annual Comptroller General Report on Army Progress.--Not
later than 180 days after the date on which the Secretary of the Army
submits a report under subsection (c), the Comptroller General of the
United States shall submit to the congressional defense committees a
report setting forth the Comptroller General's review of such report.
Each report under this subsection shall include such information and
recommendations as the Comptroller General considers appropriate in
light of such review.''.
(e) Definitions.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d), as amended by subsection
(d) of this section, the following new subsection (e):
``(e) Definitions.--In this section:
``(1) The term `contingency operation' has the meaning given
that term in section 101(a)(13) of title 10, United States Code.
``(2) The term `key enabler', in the case of equipment or
personnel, means equipment or personnel, as the case may be, that
make a modular force or unit as capable or more capable than the
non-modular force or unit it replaced, including the following:
``(A) Equipment such as tactical and high frequency radio,
tactical wheeled vehicles, battle command systems, unmanned
aerial vehicles, all-source analysis systems, analysis and
control elements, fire support sensor systems, firefinder
radar, joint network nodes, long-range advanced scout
surveillance systems, Trojan Spirit systems (or any successor
system), and any other equipment items identified by the Army
as making a modular force or unit as capable or more capable
than the non-modular force or unit it replaced.
``(B) Personnel in specialties needed to operate or support
the equipment specified in subparagraph (A) and personnel in
specialties relating to civil affairs, communication and
information systems operation, explosive ordinance disposal,
military intelligence, psychological operations, and any other
personnel specialties identified by the Army as making a
modular force or unit as capable or more capable than the non-
modular force or unit it replaced.''.
(f) Termination of Report Requirement.--Subsection (f) of such
section, as redesignated by subsection (e)(1) of this section, is
further amended by striking ``fiscal year 2012'' and inserting ``fiscal
year 2015''.
(g) Repeal of Report on Disposition of Reserve Equipment.--Title
III of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) is amended by striking section 349.
(h) Repeal of Report on Readiness of Ground Forces.--Title III of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended by striking section 355.
SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION.
(a) Report Required.--Not later than March 1, 2011, the Commander
of the United States Northern Command and the North American Aerospace
Defense Command shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the Air Sovereignty
Alert (hereinafter in this section referred to as ``ASA'') mission and
Operation Noble Eagle.
(b) Consultation.--The Commander shall consult with the Director of
the National Guard Bureau who shall review and provide independent
analysis and comments on the report required under subsection (a).
(c) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An evaluation of the ASA mission and of Operation Noble
Eagle.
(2) An evaluation of each of the following:
(A) The current ability to perform the ASA mission with
respect to training, equipment, and basing.
(B) Any current deficiencies in the ASA mission.
(C) Any changes in threats that would require any change in
training, equipment, and basing to effectively support the ASA
mission.
(D) An evaluation of whether the ASA mission is fully
resourced with respect to funding, personnel, and aircraft.
(E) A description of the coverage of ASA and Operation
Noble Eagle units with respect to--
(i) population centers covered; and
(ii) targets of value covered, including symbolic
(including national monuments, sports venues, and centers
of commerce), critical infrastructure (including power
plants, ports, dams, bridges, and telecommunication nodes),
and national security (including military bases and organs
of government) targets.
(F) An unclassified, notional area of responsibility
conforming to the unclassified response time of the unit
represented graphically on a map and detailing the total
population and number of targets of value covered, as described
in subparagraph (E).
(3) The status of the implementation of the recommendations
made in the Government Accountability Office report entitled
``Actions Needed to Improve Management of Air Sovereignty Alert
Operations to Protect U.S. Airspace'' (GAO-09-184).
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 334. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR
FORCE.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Service of the House of Representatives a report describing the
feasibility and desirability of designating the Suppression of Enemy
Air Defenses/Destruction of Enemy Air Defenses (hereinafter in this
section referred to as ``SEAD/DEAD'') mission as a responsibility of
the Air National Guard.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An evaluation of the SEAD/DEAD mission, as in effect on the
date of the enactment of this Act.
(2) An evaluation of the following with respect to the SEAD/
DEAD mission:
(A) The current ability of the Air National Guard to
perform the mission with regards to training, equipment,
funding, and basing.
(B) Any current deficiencies of the Air National Guard to
perform the mission, including range infrastructure or other
improvements needed to support peacetime training and
readiness.
(C) The corrective actions and costs required to address
any deficiencies described in subparagraph (B).
(c) Consultation.--The Secretary of the Air Force shall consult
with the Director of the National Guard Bureau who shall review and
provide independent analysis and comments on the report required under
subsection (a).
SEC. 335. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.
The Commander of the United States Transportation Command shall
update the study entitled ``PORT LOOK 2008 Strategic Seaports Study''.
In updating the study under this section, the Commander shall consider
the infrastructure in the vicinity of a strategic port, including
bridges, roads, and rail, and any issues relating to the capacity and
condition of such infrastructure.
Subtitle E--Limitations and Extensions of Authority
SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES
CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2697. Acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft
``(a) Authority.--The Secretary of a military department may impose
landing fees for the use by civil aircraft of domestic military
airfields under the jurisdiction of that Secretary and may use any fees
received under this section as a source of funding for the operation
and maintenance of airfields of that department.
``(b) Uniform Landing Fees.--The Secretary of Defense shall
prescribe the amount of the landing fees that may be imposed under this
section. Such fees shall be uniform among the military departments.
``(c) Use of Proceeds.--Amounts received for a fiscal year in
payment of landing fees imposed under this section for the use of a
military airfield shall be credited to the appropriation that is
available for that fiscal year for the operation and maintenance of
that military airfield, shall be merged with amounts in the
appropriation to which credited, and shall be available for that
military airfield for the same period and purposes as the appropriation
is available.
``(d) Limitation.--The Secretary of a military department shall
determine whether consideration for a landing fee has been received in
a lease, license, or other real estate agreement for an airfield and
shall use such a determination to offset appropriate amounts imposed
under subsection (a) for that airfield.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2697. Acceptance and use of landing fees charged for use of domestic
military airfields by civil aircraft.''.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note), as
amended by section 341 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69) and section 354 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2264), is further amended--
(1) in subsection (a), by striking ``2011'' and inserting
``2012''; and
(2) in subsection (g)(1), by striking ``2011'' and inserting
``2012''.
SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN
TERRAIN SYSTEM.
(a) Limitation.--Of the amounts authorized to be appropriated for
the Human Terrain System (hereinafter in this section referred to as
the ``HTS'') that are described in subsection (b), not more than 85
percent of the amounts remaining unobligated as of the date of
enactment of this Act may be obligated until the Secretary of the Army
submits to the congressional defense committees each of the following:
(1) A validation of all HTS requirements, including any prior
joint urgent operational needs statements.
(2) A certification that policies, procedures, and guidance are
in place to protect the integrity of social science researchers
participating in HTS, including ethical guidelines and human
studies research procedures.
(b) Covered Authorizations or Appropriations.--The amounts
authorized to be appropriated described in this subsection are amounts
authorized to be appropriated for fiscal year 2011, including such
amounts authorized to be appropriated for oversees contingency
operations, for--
(1) operation and maintenance for HTS;
(2) procurement for Mapping the Human Terrain hardware and
software; and
(3) research, development, test, and evaluation for Mapping the
Human Terrain hardware and software.
SEC. 344. LIMITATION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF
CLASSIFIED JUSTIFICATION MATERIAL.
Of the amounts authorized to be appropriated in this title for
fiscal year 2011 for the Office of the Secretary of Defense, of the
amount that corresponds with budget activity four, line 270, in the
budget transmitted to Congress by the President for fiscal year 2011,
not more than 90 percent may be obligated until 15 days after the
information cited in the classified annex accompanying this Act
relating to the provision of classified justification material to
Congress is provided to the congressional defense committees.
SEC. 345. REQUIREMENTS FOR TRANSFERRING AIRCRAFT WITHIN THE AIR
FORCE INVENTORY.
(a) Requirements.--In proposing the transfer of ownership of any
aircraft from ownership by a reserve component of the Air Force to
ownership by a regular component of the Air Force, including such a
transfer to be made on a temporary basis, the Secretary of the Air
Force shall ensure that a written agreement regarding such transfer of
ownership has been entered into between the Director of the Air
National Guard, the Commander of the Air Force Reserve Command, and the
Chief of Staff of the Air Force. Any such agreement shall specify each
of the following:
(1) The number of and type of aircraft to be transferred.
(2) In the case of any aircraft transferred on a temporary
basis--
(A) the schedule under which the aircraft will be returned
to the ownership of the reserve component;
(B) a description of the condition, including the estimated
remaining service life, in which any such aircraft will be
returned to the reserve component; and
(C) a description of the allocation of resources, including
the designation of responsibility for funding aircraft
operation and maintenance and a detailed description of
budgetary responsibilities, for the period for which the
ownership of the aircraft is transferred to the regular
component.
(3) The designation of responsibility for funding depot
maintenance requirements or modifications to the aircraft generated
as a result of the transfer, including any such requirements and
modifications required during the period for which the ownership of
the aircraft is transferred to the regular component.
(4) Any location from which the aircraft will be transferred.
(5) The effects on manpower that such a transfer may have at
any facility identified under paragraph (4).
(6) The effects on the skills and proficiencies of the reserve
component personnel affected by the transfer.
(7) Any other items the Director of the Air National Guard or
the Commander of the Air Force Reserve Command determines are
necessary in order to execute such a transfer.
(b) Submittal of Agreements to Congress.--The Secretary of the Air
Force may not take any action to transfer the ownership of an aircraft
as described in subsection (a) until the Secretary submits to the
congressional defense committees an agreement entered into pursuant to
such subsection regarding the transfer of ownership of the aircraft.
SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS OF
MILITARY REQUIREMENTS.
(a) Commercial Sale of Small Arms Ammunition.--Small arms
ammunition and ammunition components in excess of military
requirements, including fired cartridge cases, which are not otherwise
prohibited from commercial sale or certified by the Secretary of
Defense as unserviceable or unsafe, may not be demilitarized or
destroyed and shall be made available for commercial sale.
(b) Deadline for Guidance.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
guidance to ensure compliance with subsection (a). Not later than 15
days after issuing such guidance, the Secretary shall submit to the
congressional defense committees a letter of compliance providing
notice of such guidance.
(c) Preference.--No small arms ammunition and ammunition components
in excess of military requirements may be made available for commercial
sale under this section before such ammunition and ammunition
components are offered for transfer or purchase, as authorized by law,
to another Federal department or agency or for sale to State and local
law enforcement, firefighting, homeland security, and emergency
management agencies pursuant to section 2576 of title 10, United States
Code, as amended by this Act.
Subtitle F--Other Matters
SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR
CERTAIN INDIVIDUALS.
(a) Expedited Processing of Security Clearances.--Section 1564 of
title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following new
subsection (a):
``(a) Expedited Process.--The Secretary of Defense may prescribe a
process for expediting the completion of the background investigations
necessary for granting security clearances for--
``(1) Department of Defense personnel and Department of Defense
contractor personnel who are engaged in sensitive duties that are
critical to the national security; and
``(2) any individual who--
``(A) submits an application for a position as an employee
of the Department of Defense for which--
``(i) the individual is qualified; and
``(ii) a security clearance is required; and
``(B) is--
``(i) a member of the armed forces who was retired or
separated, or is expected to be retired or separated, for
physical disability pursuant to chapter 61 of this title;
``(ii) the spouse of a member of the armed forces who
retires or is separated, after the date of the enactment of
the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011, for a physical disability as a result of
a wound, injuries or illness incurred or aggravated in the
line of duty (as determined by the Secretary concerned); or
``(iii) the spouse of a member of the armed forces who
dies, after the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011, as
a result of a wound, injury, or illness incurred or
aggravated in the line of duty (as determined by the
Secretary concerned).''; and
(2) by adding at the end the following new subsection:
``(f) Use of Appropriated Funds.--The Secretary of Defense may use
funds authorized to be appropriated to the Department of Defense for
operation and maintenance to conduct background investigations under
this section for individuals described in subsection (a)(2).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a background investigation conducted after the
date of the enactment of this Act.
SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF
CIVILIAN PASSENGERS AND COMMERCIAL CARGOES BY DEPARTMENT OF
DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES.
(a) Transportation on DOD Vehicles and Aircraft.--Subsection (a) of
section 2649 of title 10, United States Code, is amended--
(1) by inserting ``Authority.--'' before ``Whenever''; and
(2) by inserting ``, vehicles, or aircraft'' in the first
sentence after ``vessels'' both places it appears.
(b) Amounts Charged for Transportation in Emergency, Disaster, or
Humanitarian Response Cases.--
(1) Limitation on amounts charged.--The second sentence of
subsection (a) of such section is amended by inserting before the
period the following: ``, except that in the case of transportation
provided in response to an emergency, a disaster, or a request for
humanitarian assistance, any amount charged for such transportation
may not exceed the cost of providing the transportation''.
(2) Crediting of receipts.--Subsection (b) of such section is
amended by striking ``Amounts'' and inserting ``Crediting of
Receipts.--Any amount received under this section with respect to
transportation provided in response to an emergency, a disaster, or
a request for humanitarian assistance may be credited to the
appropriation, fund, or account used in incurring the obligation
for which such amount is received. In all other cases, amounts''.
(c) Transportation During Contingencies or Disaster Responses.--
Such section is further amended by adding at the end the following new
subsection:
``(c) Transportation of Allied Personnel During Contingencies or
Disaster Responses.--During the 5-year period beginning on the date of
the enactment of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011, when space is available on vessels, vehicles, or
aircraft operated by the Department of Defense and the Secretary of
Defense determines that operations in the area of a contingency
operation or disaster response would be facilitated if allied forces or
civilians were to be transported using such vessels, vehicles, or
aircraft, the Secretary may provide such transportation on a
noninterference basis, without charge.''.
(d) Conforming Amendment.--Section 2648 of such title is amended by
inserting ``, vehicles, or aircraft'' after ``vessels'' in the matter
preceding paragraph (1).
(e) Technical Amendments.--
(1) The heading of section 2648 of such title is amended to
read as follows:
``Sec. 2648. Persons and supplies: sea, land, and air transportation''.
(2) The heading of section 2649 of such title is amended to
read as follows:
``Sec. 2649. Civilian passengers and commercial cargoes: transportation
on Department of Defense vessels, vehicles, and aircraft''.
(f) Clerical Amendments.--The table of sections at the beginning of
chapter 157 of such title is amended by striking the items relating to
sections 2648 and 2649 and inserting the following new items:
``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels, vehicles, and aircraft.''.
SEC. 353. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING TO
USE OF FLEXIBLE HIRING AUTHORITY TO FACILITATE PERFORMANCE OF
CERTAIN DEPARTMENT OF DEFENSE FUNCTIONS BY CIVILIAN EMPLOYEES.
Section 2463(d)(1) of title 10, United States Code, is amended by
striking ``under the National Security Personnel System, as
established''.
SEC. 354. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS
OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED CASES NOT COVERED BY
CARRIER LIABILITY.
(a) Claims Authority.--
(1) In general.--Chapter 163 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2740. Property loss: reimbursement of members and civilian
employees for full replacement value of household effects when
contractor reimbursement not available
``The Secretary of Defense and the Secretaries of the military
departments, in paying a claim under section 3721 of title 31 arising
from loss or damage to household goods stored or transported at the
expense of the Department of Defense, may pay the claim on the basis of
full replacement value in any of the following cases in which
reimbursement for the full replacement value for the loss or damage is
not available directly from a carrier under section 2636a of this
title:
``(1) A case in which--
``(A) the lost or damaged goods were stored or transported
under a contract, tender, or solicitation in accordance with
section 2636a of this title that requires the transportation
service provider to settle claims on the basis of full
replacement value; and
``(B) the loss or damage occurred under circumstances that
exclude the transportation service provider from liability.
``(2) A case in which--
``(A) the loss or damage occurred while the lost or damaged
goods were in the possession of an ocean carrier that was
transporting, loading, or unloading the goods under a
Department of Defense contract for ocean carriage; and
``(B) the land-based portions of the transportation were
under contracts, in accordance with section 2636a of this
title, that require the land carriers to settle claims on the
basis of full replacement value.
``(3) A case in which--
``(A) the lost or damaged goods were transported or stored
under a contract or solicitation that requires at least one of
the transportation service providers or carriers that handled
the shipment to settle claims on the basis of full replacement
value pursuant to section 2636a of this title;
``(B) the lost or damaged goods have been in the custody of
more than one independent contractor or transportation service
provider; and
``(C) a claim submitted to the delivering transportation
service provider or carrier is denied in whole or in part
because the loss or damage occurred while the lost or damaged
goods were in the custody of a prior transportation service
provider or carrier or government entity.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``2740. Property loss: reimbursement of members and civilian employees
for full replacement value of household effects when
contractor reimbursement not available.''.
(b) Effective Date.--Section 2740 of title 10, United States Code,
as added by subsection (a), shall apply with respect to losses incurred
after the date of the enactment of this Act.
SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE
PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2790. Recovery of improperly disposed of Department of Defense
property
``(a) Prohibition.--No member of the armed forces, civilian
employee of the United States Government, contractor personnel, or
other person may sell, lend, pledge, barter, or give any clothing,
arms, articles, equipment, or other military or Department of Defense
property except in accordance with the statutes and regulations
governing Government property.
``(b) Transfer of Title or Interest Ineffective.--If property has
been disposed of in violation of subsection (a), the person holding the
property has no right or title to, or interest in, the property.
``(c) Authority for Seizure of Improperly Disposed of Property.--If
any person is in the possession of military or Department of Defense
property without right or title to, or interest in, the property
because it has been disposed of in material violation of subsection
(a), any Federal, State, or local law enforcement official may seize
the property wherever found. Unless an exception to the warrant
requirement under the fourth amendment to the Constitution applies,
seizure may be made only--
``(1) pursuant to--
``(A) a warrant issued by the district court of the United
States for the district in which the property is located, or
for the district in which the person in possession of the
property resides or is subject to service; or
``(B) pursuant to an order by such court, issued after a
determination of improper transfer under subsection (e); and
``(2) after such a court has issued such a warrant or order.
``(d) Inapplicability to Certain Property.--Subsections (b) and (c)
shall not apply to--
``(1) property on public display by public or private
collectors or museums in secured exhibits; or
``(2) property in the collection of any museum or veterans
organization or held in a private collection for the purpose of
public display, provided that any such property, the possession of
which could undermine national security or create a hazard to
public health or safety, has been fully demilitarized.
``(e) Determinations of Violations.--(1) The district court of the
United States for the district in which the property is located, or the
district in which the person in possession of the property resides or
is subject to service, shall have jurisdiction, regardless of the
current approximated or estimated value of the property, to determine
whether property was disposed of in violation of subsection (a). Any
such determination shall be by a preponderance of the evidence.
``(2) Except as provided in paragraph (3), in the case of property,
the possession of which could undermine national security or create a
hazard to public health or safety, the determination under paragraph
(1) may be made after the seizure of the property, as long as the
United States files an action seeking such determination within 90 days
after seizure of the property. If the person from whom the property is
seized is found to have been lawfully in possession of the property and
the return of the property could undermine national security or create
a hazard to public health or safety, the Secretary of Defense shall
reimburse the person for the market value for the property.
``(3) Paragraph (2) shall not apply to any firearm, ammunition, or
ammunition component, or firearm part or accessory that is not
prohibited for commercial sale.
``(f) Delivery of Seized Property.--Any law enforcement official
who seizes property under subsection (c) and is not authorized to
retain it for the United States shall deliver the property to an
authorized member of the armed forces or other authorized official of
the Department of Defense or the Department of Justice.
``(g) Scope of Enforcement.--This section shall apply to the
following:
``(1) Any military or Department of Defense property disposed
of on or after the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 in a manner
that is not in accordance with statutes and regulations governing
Government property in effect at the time of the disposal of such
property.
``(2) Any significant military equipment disposed of on or
after January 1, 2002, in a manner that is not in accordance with
statutes and regulations governing Government property in effect at
the time of the disposal of such significant military equipment.
``(h) Rule of Construction.--The authority of this section is in
addition to any other authority of the United States with respect to
property to which the United States may have right or title.
``(i) Definitions.--In this section:
``(1) The term `significant military equipment' means defense
articles on the United States Munitions List for which special
export controls are warranted because of their capacity for
substantial military utility or capability.
``(2) The term `museum' has the meaning given that term in
section 273(1) of the Museum Services Act (20 U.S.C. 9172(1)).
``(3) The term `fully demilitarized' means, with respect to
equipment or material, the destruction of the military offensive or
defensive advantages inherent in the equipment or material,
including, at a minimum, the destruction or disabling of key points
of such equipment or material, such as the fuselage, tail assembly,
wing spar, armor, radar and radomes, armament and armament
provisions, operating systems and software, and classified items.
``(4) The term `veterans organization' means any organization
recognized by the Secretary of Veterans Affairs for the
representation of veterans under section 5902 of title 38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 165 of such title is amended by inserting after the item
relating to section 2789 the following new item:
``2790. Recovery of improperly disposed of Department of Defense
property.''.
SEC. 356. OPERATIONAL READINESS MODELS.
(a) Review of Models.--Not later than September 30, 2011, the
Director of the Congressional Budget Office shall conduct a study to
identify, compare, and contrast the budget preparation tools and models
used by each of the military departments to determine funding levels
for operational readiness requirements during the programming,
planning, budgeting, and execution process and report the findings to
the congressional defense committees. In carrying out such study, the
Director shall--
(1) assess whether any additional or alternative verified and
validated operational readiness model used by any military
department for budgeting for flying or ground equipment hours,
steaming days, equipment operations, equipment maintenance, and
depot maintenance should be incorporated into the budget process of
that military department; and
(2) identify any shortcomings or deficiencies in the approach
of each military department in building the operational readiness
budget for that department.
(b) Congressional Briefing.--Not later than April 1, 2012, in
conjunction with the submission by the Secretary of Defense of the
budget justification documents for fiscal year 2013, the Secretaries of
each of the military departments, or designated representatives
thereof, shall brief the congressional defense committees on their
respective responses to the study conducted by the Director of the
Congressional Budget Office. Each such briefing shall include--
(1) a description of how the military department concerned
plans to address any deficiencies in the development of the
operational readiness budget of such department identified in the
study; and
(2) a description of how the modeling tools identified in the
study could be used by the military department to improve the
development of the operational readiness budget for the department.
SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF HIGH-
ALTITUDE AVIATION TRAINING SITE, COLORADO.
(a) Findings.--Congress makes the following findings:
(1) The High-Altitude Aviation Training Site in Gypsum,
Colorado, is the only Department of Defense aviation school that
provides an opportunity for rotor-wing military pilots to train in
high-altitude, mountainous terrain, under full gross weight and
power management operations.
(2) The High-Altitude Aviation Training Site is operated by the
Colorado Army National Guard and is available to pilots of all
branches of the Armed Forces and to pilots of allied countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the High-Altitude Army Aviation Training Site continues to
be critically important to ensuring the readiness and capabilities
of rotor-wing military pilots; and
(2) the Department of Defense should take all appropriate
actions to prevent encroachment on the High-Altitude Army Aviation
Training Site.
SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF OBSTRUCTIONS ON
MILITARY INSTALLATIONS AND OPERATIONS.
(a) Objective.--It shall be an objective of the Department of
Defense to ensure that the robust development of renewable energy
sources and the increased resiliency of the commercial electrical grid
may move forward in the United States, while minimizing or mitigating
any adverse impacts on military operations and readiness.
(b) Designation of Senior Official and Lead Organization.--
(1) Designation.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense, and a lead
organization of the Department of Defense, to--
(A) serve as the executive agent to carry out the review
required by subsection (d);
(B) serve as a clearinghouse to coordinate Department of
Defense review of applications for projects filed with the
Secretary of Transportation pursuant to section 44718 of title
49, United States Code, and received by the Department of
Defense from the Secretary of Transportation; and
(C) accelerate the development of planning tools necessary
to determine the acceptability to the Department of Defense of
proposals included in an application for a project submitted
pursuant to such section.
(2) Resources.--The Secretary shall ensure that the senior
official and lead organization designated under paragraph (1) are
assigned such personnel and resources as the Secretary considers
appropriate to carry out this section.
(c) Initial Actions.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
senior official and lead organization designated pursuant to subsection
(b), shall--
(1) conduct a preliminary review of each application for a
project filed with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, that may have an
adverse impact on military operations and readiness, unless such
project has been granted a determination of no hazard. Such review
shall, at a minimum, for each such project--
(A) assess the likely scope and duration of any adverse
impact of such project on military operations and readiness;
and
(B) identify any feasible and affordable actions that could
be taken in the immediate future by the Department, the
developer of such project, or others to mitigate such adverse
impact and to minimize risks to national security while
allowing such project to proceed with development;
(2) develop, in coordination with other departments and
agencies of the Federal Government, an integrated review process to
ensure timely notification and consideration of projects filed with
the Secretary of Transportation pursuant to section 44718 of title
49, United States Code, that may have an adverse impact on military
operations and readiness;
(3) establish procedures for the Department of Defense for the
coordinated consideration of and response to a request for a review
received from State and local officials or the developer of a
renewable energy development or other energy project, including
guidance to personnel at each military installation in the United
States on how to initiate such procedures and ensure a coordinated
Department response while seeking to fulfil the objective under
subsection (a); and
(4) develop procedures for conducting early outreach to parties
carrying out projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code, that
could have an adverse impact on military operations and readiness,
and to the general public, to clearly communicate notice on actions
being taken by the Department of Defense under this section and to
receive comments from such parties and the general public on such
actions.
(d) Comprehensive Review.--
(1) Strategy required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the senior official and lead organization designated
pursuant to subsection (b), shall develop a comprehensive strategy
for addressing the military impacts of projects filed with the
Secretary of Transportation pursuant to section 44718 of title 49,
United States Code.
(2) Elements.--In developing the strategy required by paragraph
(1), the Secretary of Defense shall--
(A) assess of the magnitude of interference posed by
projects filed with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code;
(B) identify geographic areas selected as proposed
locations for projects filed, or which may be filed in the
future, with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, where such
projects could have an adverse impact on military operations
and readiness and categorize the risk of adverse impact in such
areas as high, medium, or low for the purpose of informing
early outreach efforts under subsection (c)(4) and preliminary
assessments under subsection (e); and
(C) specifically identify feasible and affordable long-term
actions that may be taken to mitigate adverse impacts of
projects filed, or which may be filed in the future, with the
Secretary of Transportation pursuant to section 44718 of title
49, United States Code, on military operations and readiness,
including--
(i) investment priorities of the Department of Defense
with respect to research and development;
(ii) modifications to military operations to
accommodate applications for such projects;
(iii) recommended upgrades or modifications to existing
systems or procedures by the Department of Defense;
(iv) acquisition of new systems by the Department and
other departments and agencies of the Federal Government
and timelines for fielding such new systems; and
(v) modifications to the projects for which such
applications are filed, including changes in size,
location, or technology.
(e) Department of Defense Hazard Assessment.--
(1) Preliminary assessment.--The procedures established
pursuant to subsection (c) shall ensure that not later than 30 days
after receiving a proper application for a project filed with the
Secretary of Transportation pursuant to section 44718 of title 49,
United States Code, the Secretary of Defense shall review the
project and provide a preliminary assessment of the level of risk
of adverse impact on military operations and readiness that would
arise from the project and the extent of mitigation that may be
needed to address such risk.
(2) Determination of unacceptable risk.--The procedures
established pursuant to subsection (c) shall ensure that the
Secretary of Defense does not object to a project filed with the
Secretary of Transportation pursuant to section 44718 of title 49,
United States Code, except in a case in which the Secretary of
Defense determines, after giving full consideration to mitigation
actions identified pursuant to this section, that such project
would result in an unacceptable risk to the national security of
the United States.
(3) Congressional notice requirement.--Not later than 30 days
after making a determination of unacceptable risk under paragraph
(2), the Secretary of Defense shall submit to the congressional
defense committees a report on such determination and the basis for
such determination. Such a report shall include an explanation of
the operational impact that led to the determination, a discussion
of the mitigation options considered, and an explanation of why the
mitigation options were not feasible or did not resolve the
conflict.
(4) Non-delegation of determinations.--The responsibility for
making a determination of unacceptable risk under paragraph (2) may
only be delegated to an appropriate senior officer of the
Department of Defense, on the recommendation of the senior official
designated pursuant to subsection (b). The following individuals
are appropriate senior officers of the Department of Defense for
the purposes of this paragraph:
(A) The Deputy Secretary of Defense.
(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(C) The Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(f) Reports.--
(1) Report to congress.--Not later than March 15 each year from
2011 through 2015, the Secretary of Defense shall submit to the
congressional defense committees a report on the actions taken by
the Department of Defense during the preceding year to implement
this section and the comprehensive strategy developed pursuant to
this section.
(2) Contents of report.--Each report submitted under paragraph
(1) shall include--
(A) the results of a review carried out by the Secretary of
Defense of any projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49, United
States Code--
(i) that the Secretary of Defense has determined would
result in an unacceptable risk to the national security;
and
(ii) for which the Secretary of Defense has recommended
to the Secretary of Transportation that a hazard
determination be issued;
(B) an assessment of the risk associated with the loss or
modifications of military training routes and a quantification
of such risk;
(C) an assessment of the risk associated with solar power
and similar systems as to the effects of glint on military
readiness;
(D) an assessment of the risk associated with
electromagnetic interference on military readiness, including
the effects of testing and evaluation ranges;
(E) an assessment of any risks posed by the development of
projects filed with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, to the
prevention of threats and aggression directed toward the United
States and its territories; and
(F) a description of the distance from a military
installation that the Department of Defense will use to
prescreen applicants under section 44718 of title 49, United
States Code.
(g) Authority to Accept Contributions of Funds.--The Secretary of
Defense is authorized to accept a voluntary contribution of funds from
an applicant for a project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code. Amounts so
accepted shall be available for the purpose of offsetting the cost of
measures undertaken by the Secretary of Defense to mitigate adverse
impacts of such project on military operations and readiness.
(h) Effect of Department of Defense Hazard Assessment.--An action
taken pursuant to this section shall not be considered to be a
substitute for any assessment or determination required of the
Secretary of Transportation under section 44718 of title 49, United
States Code.
(i) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(j) Definitions.--In this section:
(1) The term ``military training route'' means a training route
developed as part of the Military Training Route Program, carried
out jointly by the Federal Aviation Administration and the
Secretary of Defense, for use by the Armed Forces for the purpose
of conducting low-altitude, high-speed military training.
(2) The term ``military installation'' has the meaning given
that term in section 2801(c)(4) of title 10, United States Code.
(3) The term ``military readiness'' includes any training or
operation that could be related to combat readiness, including
testing and evaluation activities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2011, as follows:
(1) The Army, 569,400.
(2) The Navy, 328,700.
(3) The Marine Corps, 202,100.
(4) The Air Force, 332,200.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 324,300.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 332,200.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2011, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 65,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 71,200.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2011, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,688.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,584.
(6) The Air Force Reserve, 2,992.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2011 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States, 27,210.
(3) For the Air Force Reserve, 10,720.
(4) For the Air National Guard of the United States, 22,394.
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September
30, 2011, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2011, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September 30,
2011, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2011, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Department of Defense for military personnel for
fiscal year 2011 a total of $138,540,700,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2011.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
Sec. 506. Temporary authority to reduce minimum length of active service
as a commissioned officer required for voluntary retirement as
an officer.
Subtitle B--Reserve Component Management
Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from
active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified
officers and officers with Joint Staff experience.
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-density
assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for medical
reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.
Subtitle E--Military Justice and Legal Matters
Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active duty
health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions Scholarship
and Financial Assistance program.
Subtitle G--Defense Dependents' Education
Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense domestic
dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.
Subtitle H--Decorations and Awards
Sec. 571. Clarification of persons eligible for award of bronze star
medal.
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World War
II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the Vietnam
War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.
Subtitle J--Other Matters
Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their families
to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT FOR HEALTH
PROFESSIONS OFFICERS.
(a) Age for Original Appointment as Health Professions Officer.--
Section 532(d)(2) of title 10, United States Code, is amended by
striking ``reserve''.
(b) Mandatory Retirement Age for Health Professions Officers.--
(1) Additional categories of officers eligible for deferral of
mandatory retirement for age.--Paragraph (2) of section 1251(b) of
such title is amended--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(D) an officer in a category of officers designated by the
Secretary of the military department concerned for the purposes of
this paragraph as consisting of officers whose duties consist
primarily of--
``(i) providing health care;
``(ii) performing other clinical care; or
``(iii) performing health care-related administrative
duties.''.
(2) Conforming amendment.--Paragraph (1) of such section is
amended by striking ``the officer will be performing duties
consisting primarily of providing patient care or performing other
clinical duties.'' and inserting ``the officer--
``(A) will be performing duties consisting primarily of
providing patient care or performing other clinical duties; or
``(B) is in a category of officers designated under
subparagraph (D) of paragraph (2) whose duties will consist
primarily of the duties described in clause (i), (ii), or (iii) of
such subparagraph.''.
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE
GRADE OF W-1 BY COMMISSION AND STANDARDIZATION OF WARRANT OFFICER
APPOINTING AUTHORITY.
(a) Regular Officers.--
(1) Authority for appointments by commission in warrant officer
w-1 grade.--The first sentence of section 571(b) of title 10,
United States Code, is amended by striking ``by the Secretary
concerned'' and inserting ``, except that with respect to an armed
force under the jurisdiction of the Secretary of a military
department, the Secretary concerned may provide by regulation that
appointments in that grade in that armed force shall be made by
commission''.
(2) Appointing authority.--The second sentence of such section
is amended by inserting before the period at the end the following:
``, and appointments (whether by warrant or commission) in the
grade of regular warrant officer, W-1, shall be made by the
President, except that appointments in that grade in the Coast
Guard shall be made by the Secretary concerned''.
(b) Reserve Officers.--Subsection (b) of section 12241 of such
title is amended to read as follows:
``(b) Appointments in permanent reserve warrant officer grades
shall be made in the same manner as is prescribed for regular warrant
officer grades by section 571(b) of this title.''.
(c) Presidential Functions.--Except as otherwise provided by the
President by Executive order, the provisions of Executive Order 13384
(10 U.S.C. 531 note) relating to the functions of the President under
the second sentence of section 571(b) of title 10, United States Code,
shall apply in the same manner to the functions of the President under
section 12241(b) of title 10, United States Code.
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS,
DELIBERATIONS, NOTES, AND RECORDS OF SPECIAL SELECTION BOARDS.
(a) Nondisclosure of Board Proceedings.--Section 613a of title 10,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following new
subsection:
``(a) Prohibition on Disclosure.--The proceedings of a selection
board convened under section 573, 611, or 628 of this title may not be
disclosed to any person not a member of the board, except as authorized
or required to process the report of the board. This prohibition is a
statutory exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection boards
convened under section 573, 611, or 628 of this title, regardless of
the date on which the board was convened.''.
(b) Reports of Boards.--Section 628(c)(2) of such title is amended
by striking ``sections 576(d) and 576(f)'' and inserting ``sections
576(d), 576(f), and 613a''.
(c) Reserve Boards.--Section 14104 of such title is amended--
(1) by striking subsection (a) and inserting the following new
subsection:
``(a) Prohibition on Disclosure.--The proceedings of a selection
board convened under section 14101 or 14502 of this title may not be
disclosed to any person not a member of the board, except as authorized
or required to process the report of the board. This prohibition is a
statutory exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection boards
convened under section 14101 or 14502 of this title, regardless of the
date on which the board was convened.''.
SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION LIST.
(a) Active-duty List.--Section 629 of title 10, United States Code,
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Administrative Removal.--Under regulations prescribed by the
Secretary concerned, if an officer on the active-duty list is
discharged or dropped from the rolls or transferred to a retired status
after having been recommended for promotion to a higher grade under
this chapter, but before being promoted, the officer's name shall be
administratively removed from the list of officers recommended for
promotion by a selection board.''.
(b) Reserve Active-status List.--Section 14310 of such title is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Administrative Removal.--Under regulations prescribed by the
Secretary concerned, if an officer on the reserve active-status list is
discharged or dropped from the rolls or transferred to a retired status
after having been recommended for promotion to a higher grade under
this chapter or having been found qualified for Federal recognition in
the higher grade under title 32, but before being promoted, the
officer's name shall be administratively removed from the list of
officers recommended for promotion by a selection board.''.
SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED FOR
APPOINTMENT TO GENERAL AND FLAG OFFICER GRADES TO WEAR INSIGNIA
OF HIGHER GRADE BEFORE APPOINTMENT.
(a) Limited Authority for Officers Selected for Appointment to
Grades Above Major General and Rear Admiral.--
(1) In general.--Chapter 45 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 777a. Wearing of insignia of higher grade before appointment to
a grade above major general or rear admiral (frocking): authority;
restrictions
``(a) Authority.--An officer serving in a grade below the grade of
lieutenant general or, in the case of the Navy, vice admiral, who has
been selected for appointment to the grade of lieutenant general or
general, or, in the case of the Navy, vice admiral or admiral, and an
officer serving in the grade of lieutenant general or vice admiral who
has been selected for appointment to the grade of general or admiral,
may be authorized, under regulations and policies of the Department of
Defense and subject to subsection (b), to wear the insignia for that
higher grade for a period of up to 14 days before assuming the duties
of a position for which the higher grade is authorized. An officer who
is so authorized to wear the insignia of a higher grade is said to be
`frocked' to that grade.
``(b) Restrictions.--An officer may not be authorized to wear the
insignia for a grade as described in subsection (a) unless--
``(1) the Senate has given its advice and consent to the
appointment of the officer to that grade;
``(2) the officer has received orders to serve in a position
outside the military department of that officer for which that
grade is authorized;
``(3) the Secretary of Defense (or a civilian officer within
the Office of the Secretary of Defense whose appointment was made
with the advice and consent of the Senate and to whom the Secretary
delegates such approval authority) has given approval for the
officer to wear the insignia for that grade before assuming the
duties of a position for which that grade is authorized; and
``(4) the Secretary of Defense has submitted to Congress a
written notification of the intent to authorize the officer to wear
the insignia for that grade.
``(c) Benefits Not to Be Construed as Accruing.--(1) Authority
provided to an officer as described in subsection (a) to wear the
insignia of a higher grade may not be construed as conferring authority
for that officer to--
``(A) be paid the rate of pay provided for an officer in that
grade having the same number of years of service as that officer;
or
``(B) assume any legal authority associated with that grade.
``(2) The period for which an officer wears the insignia of a
higher grade under such authority may not be taken into account for any
of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked.--The total number
of officers who are authorized to wear the insignia for a higher grade
under this section shall count against the limitation in section 777(d)
of this title on the total number of officers authorized to wear the
insignia of a higher grade.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``777a. Wearing of insignia of higher grade before appointment to a
grade above major general or rear admiral (frocking):
authority; restrictions.''.
(b) Repeal of Waiting Period Following Congressional Notification
for Officers Selected for Appointment to General and Flag Officer
Grades Below Lieutenant General and Vice Admiral.--Section 777(b)(3)(B)
of such title is amended by striking ``and a period of 30 days has
elapsed after the date of the notification''.
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE
SERVICE AS A COMMISSIONED OFFICER REQUIRED FOR VOLUNTARY
RETIREMENT AS AN OFFICER.
(a) Army.--Section 3911(b)(2) of title 10, United States Code, is
amended by striking ``January 6, 2006, and ending on December 31,
2008'' and inserting ``the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 and ending on
September 30, 2013''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by striking ``January 6, 2006, and ending on December 31,
2008'' and inserting ``the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 and ending on
September 30, 2013''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
striking ``January 6, 2006, and ending on December 31, 2008'' and
inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
Subtitle B--Reserve Component Management
SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE
FLAG OFFICER ALLOCATION.
Section 12004(c) of title 10, United States Code, is amended--
(1) by striking paragraphs (2), (3), and (5); and
(2) by redesignating paragraph (4) as paragraph (2).
SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS
(DUAL STATUS) TO POSITIONS OUTSIDE AIR FORCE RESERVE UNIT
PROGRAM.
Section 10216(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a military technician (dual
status) who is employed by the Air Force Reserve in an area other than
the Air Force Reserve unit program, except that not more than 50 of
such technicians may be assigned outside of the unit program at the
same time.''.
SEC. 513. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL
STATUS MILITARY TECHNICIANS.
(a) Exception for Temporary Employment.--Section 10217 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) is hired as a temporary employee pursuant to the
exception for temporary employment provided by subsection (d) and
subject to the terms and conditions of such subsection.''; and
(2) by adding at the end the following new subsection:
``(d) Exception for Temporary Employment.--(1) Notwithstanding
section 10218 of this title, the Secretary of the Army or the Secretary
of the Air Force may employ, for a period not to exceed two years, a
person to fill a vacancy created by the mobilization of a military
technician (dual status) occupying a position under section 10216 of
this title.
``(2) The duration of the temporary employment of a person in a
military technician position under this subsection may not exceed the
shorter of the following:
``(A) The period of mobilization of the military technician
(dual status) whose vacancy is being filled by the temporary
employee.
``(B) Two years.
``(3) No person may be hired under the authority of this subsection
after the end of the 2-year period beginning on the date of the
enactment of this subsection.''.
(b) Exception From Permanent Limitation on Number of Non-dual
Status Technicians.--Subsection (c) of such section is amended by
adding at the end the following new paragraph:
``(3) An individual employed as a non-dual status technician as
described in subsection (a)(3) shall not be consider a non-dual status
technician for purposes of paragraphs (1) and (2).''.
SEC. 514. REVISION OF STRUCTURE AND FUNCTIONS OF THE RESERVE FORCES
POLICY BOARD.
(a) Revision of Structure.--
(1) In general.--Section 10301 of title 10, United States Code,
is amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board
``(a) In General.--As provided in section 175 of this title, there
is in the Office of the Secretary of Defense a board known as the
`Reserve Forces Policy Board' (in this section referred to as the
`Board').
``(b) Functions.--The Board shall serve as an independent adviser
to the Secretary of Defense to provide advice and recommendations to
the Secretary on strategies, policies, and practices designed to
improve and enhance the capabilities, efficiency, and effectiveness of
the reserve components.
``(c) Membership.--The Board consists of 20 members, appointed or
designated as follows:
``(1) A civilian appointed by the Secretary of Defense from
among persons determined by the Secretary to have the knowledge of,
and experience in, policy matters relevant to national security and
reserve component matters necessary to carry out the duties of
chair of the Board, who shall serve as chair of the Board.
``(2) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Army--
``(A) one of whom shall be a member of the Army National
Guard of the United States or a former member of the Army
National Guard of the United States in the Retired Reserve; and
``(B) one of whom shall be a member or retired member of
the Army Reserve.
``(3) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Navy--
``(A) one of whom shall be an active or retired officer of
the Navy Reserve; and
``(B) one of whom shall be an active or retired officer of
the Marine Corps Reserve.
``(4) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Air Force--
``(A) one of whom shall be a member of the Air National
Guard of the United States or a former member of the Air
National Guard of the United States in the Retired Reserve; and
``(B) one of whom shall be a member or retired member of
the Air Force Reserve.
``(5) One active or retired reserve officer or enlisted member
of the Coast Guard designated by the Secretary of Homeland
Security.
``(6) Ten persons appointed or designated by the Secretary of
Defense, each of whom shall be a United States citizen having
significant knowledge of and experience in policy matters relevant
to national security and reserve component matters and shall be one
of the following:
``(A) An individual not employed in any Federal or State
department or agency.
``(B) An individual employed by a Federal or State
department or agency.
``(C) An officer of a regular component of the armed forces
on active duty, or an officer of a reserve component of the
armed forces in an active status, who--
``(i) is serving or has served in a senior position on
the Joint Staff, the headquarters staff of a combatant
command, or the headquarters staff of an armed force; and
``(ii) has experience in joint professional military
education, joint qualification, and joint operations
matters.
``(7) A reserve officer of the Army, Navy, Air Force, or Marine
Corps who is a general or flag officer recommended by the chair and
designated by the Secretary of Defense, who shall serve without
vote--
``(A) as military adviser to the chair;
``(B) as military executive officer of the Board; and
``(C) as supervisor of the operations and staff of the
Board.
``(8) A senior enlisted member of a reserve component
recommended by the chair and designated by the Secretary of
Defense, who shall serve without vote as enlisted military adviser
to the chair.
``(d) Matters To Be Acted on.--The Board may act on those matters
referred to it by the chair and on any matter raised by a member of the
Board or the Secretary of Defense.
``(e) Staff.--The Board shall be supported by a staff consisting of
one full-time officer from each of the reserve components listed in
paragraphs (1) through (6) of section 10101 of this title who holds the
grade of colonel (or in the case of the Navy, the grade of captain) or
who has been selected for promotion to that grade. These officers shall
also serve as liaisons between their respective components and the
Board. They shall perform their staff and liaison duties under the
supervision of the military executive officer of the Board in an
independent manner reflecting the independent nature of the Board.
``(f) Relationship to Service Reserve Policy Committees and
Boards.--This section does not affect the committees and boards
prescribed within the military departments by sections 10302 through
10305 of this title, and a member of such a committee or board may, if
otherwise eligible, be a member of the Board.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on July 1, 2011.
(b) Revision to Annual Report Requirement.--Section 113(c)(2) of
title 10, United States Code, is amended by striking ``the reserve
programs of the Department of Defense and on any other matters'' and
inserting ``on any reserve component matter''.
SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN OFFICER TRANSFERS
FROM ACTIVE-DUTY LIST TO RESERVE ACTIVE-STATUS LIST.
Section 12201(a)(2) of title 10, United States Code, is amended by
striking ``An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title'' and inserting ``If an officer is transferred from
the active-duty list of an armed force to a reserve active-status list
of an armed force in accordance with regulations prescribed by the
Secretary of Defense, the officer''.
SEC. 516. LEAVE OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES.
(a) Carryover of Accumulated Leave to Succeeding Period of Active
Service.--Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) A member of a reserve component who accumulates leave during
a period of active service may carry over any leave so accumulated to
the member's next period of active service, subject to the accumulation
limits in subsections (b), (d), and (f), without regard to separation
or release from active service if the separation or release is under
honorable conditions. The taking of leave carried over under this
subsection shall be subject to the provisions of this section.''.
(b) Payment for Unused Accrued Leave.--Section 501(a) of title 37,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) in the case of an officer or an enlisted member of a
reserve component who is not serving on active duty, separation or
release from the reserve component under honorable conditions, or
death; and
``(5) in the case of an enlisted member of a reserve a
component who is not serving on active duty, termination of
enlistment in conjunction with the commencement of a successive
enlistment, or appointment as an officer.''.
SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED STATES
MERCHANT MARINE ACADEMY INTO THE NATIONAL GUARD.
Section 305(a)(5) of title 32, United States Code, is amended by
striking ``or the United States Coast Guard Academy'' and inserting
``the United States Coast Guard Academy, or the United States Merchant
Marine Academy''.
Subtitle C--Joint Qualified Officers and Requirements
SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR
PURPOSES OF JOINT OFFICER MANAGEMENT.
Section 668(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``multiple'' in the matter preceding
subparagraph (A) and inserting ``integrated''; and
(B) by striking ``and'' at the end of the subparagraph (D)
and inserting ``or''; and
(2) by striking paragraph (2) and inserting the following new
paragraph:
``(2) In the context of joint matters, the term `integrated
military forces' refers to military forces that are involved in the
planning or execution (or both) of operations involving participants
from--
``(A) more than one military department; or
``(B) a military department and one or more of the following:
``(i) Other departments and agencies of the United States.
``(ii) The military forces or agencies of other countries.
``(iii) Non-governmental persons or entities.''.
SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR JOINT
QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF EXPERIENCE.
(a) Board Composition.--Subsection (c) of section 612 of title 10,
United States Code, is amended to read as follows:
``(c)(1) Each selection board convened under section 611(a) of this
title that will consider an officer described in paragraph (2) shall
include at least one officer designated by the Chairman of the Joint
Chiefs of Staff who is a joint qualified officer.
``(2) Paragraph (1) applies with respect to an officer who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) The Secretary of Defense may waive the requirement in
paragraph (1) in the case of--
``(A) any selection board of the Marine Corps; or
``(B) any selection board that is considering officers in
specialties identified in paragraph (2) or (3) of section 619a(b)
of this title.''.
(b) Information Furnished to Selection Boards.--Section 615 of such
title is amended in subsections (b)(5) and (c) by striking ``in joint
duty assignments of officers who are serving, or have served, in such
assignments'' and inserting ``of officers who are serving on, or have
served on, the Joint Staff or are joint qualified officers''.
(c) Action on Report of Selection Boards.--Section 618(b) of such
title is amended--
(1) in paragraph (1), by striking ``are serving, or have
served, in joint duty assignments'' and inserting ``are serving on,
or have served on, the Joint Staff or are joint qualified
officers'';
(2) in subparagraphs (A) and (B) of paragraph (2), by striking
``in joint duty assignments of officers who are serving, or have
served, in such assignments'' and inserting ``of officers who are
serving on, or have served on, the Joint Staff or are joint
qualified officers''; and
(3) in paragraph (4), by striking ``in joint duty assignments''
and inserting ``who are serving on, or have served on, the Joint
Staff or are joint qualified officers''.
Subtitle D--General Service Authorities
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS
OF THE ARMED FORCES TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY
ASSIGNMENTS.
(a) Extension of Authority.--Section 688a(f) of title 10, United
States Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(b) Report Required.--Not later than April 1, 2011, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing an
assessment by the Secretary of the need to extend the authority
provided by section 688a of title 10, United States Code, beyond
December 31, 2011. The report shall include, at a minimum, the
following:
(1) A list of the current types of high-demand, low-density
capabilities (as defined in such section) for which the authority
is being used to address operational requirements.
(2) For each high-demand, low-density capability included in
the list under paragraph (1), the number of retired members of the
Armed Forces who have served on active duty at any time during each
of fiscal years 2007 through 2010 under the authority.
(3) A plan to increase the required active duty strength for
the high-demand, low-density capabilities included in the list
under paragraph (1) to eliminate the need to use the authority.
SEC. 532. NON-CHARGEABLE REST AND RECUPERATION ABSENCE FOR CERTAIN
MEMBERS UNDERGOING EXTENDED DEPLOYMENT TO A COMBAT ZONE.
(a) In General.--Chapter 40 of title 10, United States Code, is
amended by inserting after section 705 the following new section:
``Sec. 705a. Rest and recuperation absence: certain members undergoing
extended deployment to a combat zone
``(a) Rest and Recuperation Authorized.--Under regulations
prescribed by the Secretary of Defense, the Secretary concerned may
provide a member of the armed forces described in subsection (b) the
benefits described in subsection (c).
``(b) Covered Members.--A member of the armed forces described in
this subsection is any member who--
``(1) is assigned or deployed for at least 270 days in an area
or location--
``(A) that is designated by the President as a combat zone;
and
``(B) in which hardship duty pay is authorized to be paid
under section 305 of title 37; and
``(2) meets such other criteria as the Secretary of Defense may
prescribe in the regulations required by subsection (a).
``(c) Benefits.--The benefits described in this subsection are the
following:
``(1) A period of rest and recuperation absence for not more
than 15 days.
``(2) Round-trip transportation at Government expense from the
area or location in which the member is serving in connection with
the exercise of the period of rest and recuperation.
``(d) Construction With Other Leave.--Any benefits provided a
member under this section are in addition to any other leave or absence
to which the member may be entitled.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
705 the following new item:
``705a. Rest and recuperation absence: certain members undergoing
extended deployment to a combat zone.''.
SEC. 533. CORRECTION OF MILITARY RECORDS.
(a) Members Eligible to Request Review of Retirement or Separation
Without Pay for Physical Disability.--Section 1554(a) of title 10,
United States Code, is amended--
(1) by striking ``an officer'' and inserting ``a member or
former member of the uniformed services''; and
(2) by striking ``his case'' and inserting ``the member's
case''.
(b) Limitation on Reduction in Personnel Assigned to Duty With
Service Review Agency.--1559(a) of such title is amended by striking
``December 31, 2010'' and inserting ``December 31, 2013''.
SEC. 534. DISPOSITION OF MEMBERS FOUND TO BE FIT FOR DUTY WHO ARE
NOT SUITABLE FOR DEPLOYMENT OR WORLDWIDE ASSIGNMENT FOR MEDICAL
REASONS.
(a) Disposition.--
(1) In general.--Chapter 61 of title 10, United States Code, is
amended by inserting after section 1214 the following new section:
``Sec. 1214a. Members determined fit for duty in Physical Evaluation
Board evaluation: prohibition on involuntary administrative
separation due to unsuitability based on medical conditions
considered in evaluation
``(a) Disposition.--Except as provided in subsection (c), the
Secretary of the military department concerned may not authorize the
involuntary administrative separation of a member described in
subsection (b) based on a determination that the member is unsuitable
for deployment or worldwide assignment based on the same medical
condition of the member considered by a Physical Evaluation Board
during the evaluation of the member.
``(b) Covered Members.--A member covered by subsection (a) is any
member of the armed forces who has been determined by a Physical
Evaluation Board pursuant to a physical evaluation by the board to be
fit for duty.
``(c) Reevaluation.--(1) The Secretary of the military department
concerned may direct the Physical Evaluation Board to reevaluate any
member described in subsection (b) if the Secretary has reason to
believe that a medical condition of the member considered by the
Physical Evaluation Board during the evaluation of the member described
in that subsection renders the member unsuitable for continued military
service based on the medical condition.
``(2) A member determined pursuant to reevaluation under paragraph
(1) to be unfit to perform the duties of the member's office, grade,
rank, or rating may be retired or separated for physical disability
under this chapter.
``(3) The Secretary of Defense shall be the final approval
authority for any case determined by the Secretary of a military
department to warrant administrative separation based on a
determination that the member is unsuitable for continued service due
to the same medical condition of the member considered by a Physical
Evaluation Board that found the member fit for duty.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 61 of such title is amended by inserting after the item
relating to section 1214 the following new item:
``1214a. Members determined fit for duty in Physical Evaluation Board
evaluation: prohibition on involuntary administrative
separation due to unsuitability based on medical conditions
considered in evaluation.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to members evaluated for fitness for duty by Physical
Evaluation Boards on or after that date.
SEC. 535. REVIEW OF LAWS, POLICIES, AND REGULATIONS RESTRICTING
SERVICE OF FEMALE MEMBERS OF THE ARMED FORCES.
(a) Review Required.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall conduct a
review of laws, policies, and regulations, including the collocation
policy, that may restrict the service of female members of the Armed
Forces to determine whether changes in such laws, policies, and
regulations are needed to ensure that female members have an equitable
opportunity to compete and excel in the Armed Forces.
(b) Submission of Results.--Not later than April 15, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report containing the results of the review.
Subtitle E--Military Justice and Legal Matters
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO
COMPLETE DISCIPLINARY ACTION.
Section 580 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) A warrant officer subject to discharge or retirement under
this section, but against whom any action has been commenced with a
view to trying the officer by court-martial, may be continued on active
duty, without prejudice to such action, until the completion of such
action.''.
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY JUSTICE
PROCEEDINGS.
(a) In General.--Section 848 of title 10, United States Code
(article 48 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 848. Art. 48. Contempts
``(a) Authority to Punish Contempt.--A judge detailed to a court-
martial, a court of inquiry, the United States Court of Appeals for the
Armed Forces, a military Court of Criminal Appeals, a provost court, or
a military commission may punish for contempt any person who--
``(1) uses any menacing word, sign, or gesture in the presence
of the judge during the proceedings of the court-martial, court, or
military commission;
``(2) disturbs the proceedings of the court-martial, court, or
military commission by any riot or disorder; or
``(3) willfully disobeys the lawful writ, process, order, rule,
decree, or command of the court-martial, court, or military
commission.
``(b) Punishment.--The punishment for contempt under subsection (a)
may not exceed confinement for 30 days, a fine of $1,000, or both.
``(c) Inapplicability to Military Commissions Under Chapter 47A.--
This section does not apply to a military commission established under
chapter 47A of this title.''.
(b) Effective Date.--Section 848 of title 10, United States Code
(article 48 of the Uniform Code of Military Justice), as amended by
subsection (a), shall apply with respect to acts of contempt committed
after the date of the enactment of this Act.
SEC. 543. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC VIOLENCE
PROGRAMS.
(a) Implementation of Outstanding Comptroller General
Recommendations.--Consistent with the recommendations contained in the
report of the Comptroller General of the United States titled ``Status
of Implementation of GAO's 2006 Recommendations on the Department of
Defense's Domestic Violence Program'' (GAO-10-577R), the Secretary of
Defense shall complete, not later than one year after the date of
enactment of this Act, implementation of actions to address the
following recommendations:
(1) Defense incident-based reporting system.--The Secretary of
Defense shall develop a comprehensive management plan to address
deficiencies in the data captured in the Defense Incident-Based
Reporting System to ensure the system can provide an accurate count
of domestic violence incidents, and any consequent disciplinary
action, that are reported throughout the Department of Defense.
(2) Adequate personnel.--The Secretary of Defense shall develop
a plan to ensure that adequate personnel are available to implement
recommendations made by the Defense Task Force on Domestic
Violence.
(3) Domestic violence training data for chaplains.--The
Secretary of Defense shall develop a plan to collect domestic
violence training data for chaplains.
(4) Oversight framework.--The Secretary of Defense shall
develop an oversight framework for Department of Defense domestic
violence programs, to include oversight of implementation of
recommendations made by the Defense Task Force on Domestic
Violence, including budgeting, communication initiatives, and
policy compliance.
(b) Implementation Report.--The Secretary of Defense shall submit
to the congressional defense committees an implementation report within
90 days of the completion of actions outlined in subsection (a).
Subtitle F--Member Education and Training Opportunities and
Administration
SEC. 551. ENHANCEMENTS OF DEPARTMENT OF DEFENSE UNDERGRADUATE NURSE
TRAINING PROGRAM.
(a) Clarification of Degree Covered by Program.--Subsection (a) of
section 2016 of title 10, United States Code, is amended by striking
``a nursing degree'' and inserting ``a bachelor of science degree in
nursing''.
(b) Graduation Rates of Training Programs.--Subsection (b) of such
section is amended by inserting ``in nursing'' after ``bachelor of
science degree''.
(c) Location of Programs.--Subsection (d) of such section is
amended to read as follows:
``(d) Location of Programs.--(1) An academic institution selected
to operate an undergraduate nurse training program shall establish the
program at or near a military installation that has a military
treatment facility designated as a medical center with inpatient
capability and multiple graduate medical education programs located on
the installation or within reasonable proximity to the installation.
``(2) Before approving a location as the site of an undergraduate
nurse training program, the Secretary of Defense shall conduct an
assessment to ensure that the establishment of the program at that
location will not adversely impact or displace existing nurse training
programs, either conducted by the Department of Defense or by a
civilian entity, at the location.''.
(d) Pilot Program.--
(1) Implementation.--Paragraph (2) of section 525(d) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2287; 10 U.S.C. 2016 note) is amended by striking
``July 1, 2011'' and inserting ``December 31, 2011''.
(2) Graduation rates.--Paragraph (3) of such section is
amended--
(A) by striking the ``The pilot program shall achieve'' and
inserting ``The goal of the pilot program is to achieve''; and
(B) by striking ``nurse training program'' and inserting
``nurse training programs''.
SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.
(a) Enlisted Members on Active Duty in Specified Military
Specialties.--Section 2171 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(g) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
16301 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(h) The Secretary of Defense may prescribe, by regulations,
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions
for making loan repayments. Such regulations may include exceptions
that would allow for the payment as a lump sum of any loan repayment
due to a member under a written agreement that existed at the time of a
member's death or disability.''.
(b) Members of Selected Reserve.--Section 16301 of such title is
amended by adding at the end the following new subsections:
``(h) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
2171 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(i) The Secretary of Defense may prescribe, by regulations,
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions
for making loan repayments. Such regulations may include exceptions
that would allow for the payment as a lump sum of any loan repayment
due to a member under a written agreement that existed at the time of a
member's death or disability.''.
SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM RECIPIENTS IN ACTIVE
DUTY HEALTH PROFESSION LOAN REPAYMENT PROGRAM.
Section 2173(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The person is enrolled in the Armed Forces Health
Professions Scholarship and Financial Assistance Program under
subchapter I of chapter 105 of this title for a number of years
less than is required to complete the normal length of the course
of study required for the health profession concerned.''.
SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACADEMY GRADUATES WHO
PARTICIPATE IN THE ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP
AND FINANCIAL ASSISTANCE PROGRAM.
(a) Military Academy Graduates.--Section 4348(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) That if an appointment described in paragraph (2) or (3)
is tendered and the cadet participates in a program under section
2121 of this title, the cadet will fulfill any unserved obligation
incurred under this section on active duty, regardless of the type
of appointment held, upon completion of, and in addition to, any
service obligation incurred under section 2123 of this title for
participation in such program.''.
(b) Naval Academy Graduates.--Section 6959(a) of such title is
amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or (3)
is tendered and the midshipman participates in a program under
section 2121 of this title, the midshipman will fulfill any
unserved obligation incurred under this section on active duty,
regardless of the type of appointment held, upon completion of, and
in addition to, any service obligation incurred under section 2123
of this title for participation in such program.''.
(c) Air Force Academy Graduates.--Section 9348(a) of such title is
amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or (3)
is tendered and the cadet participates in a program under section
2121 of this title, the cadet will fulfill any unserved obligation
incurred under this section on active duty, regardless of the type
of appointment held, upon completion of, and in addition to, any
service obligation incurred under section 2123 of this title for
participation in such program.''.
Subtitle G--Defense Dependents' Education
SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES
WHO RESIDE IN TEMPORARY HOUSING IN DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) Under the circumstances described in subparagraph (B), the
Secretary may, at the discretion of the Secretary, permit a dependent
of a member of the armed forces to enroll in an educational program
provided by the Secretary pursuant to this subsection without regard to
the requirement in paragraph (1) with respect to residence on a
military installation.
``(B) Subparagraph (A) applies only if--
``(i) the dependents reside in temporary housing (regardless of
whether the temporary housing is on Federal property)--
``(I) because of the unavailability of adequate permanent
living quarters on the military installation to which the
member is assigned; or
``(II) while the member is wounded, ill, or injured; and
``(ii) the Secretary determines that the circumstances of such
living arrangements justify extending the enrollment authority to
include the dependents.''.
SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2011 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C.
7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2011 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$10,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of
section 572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 563. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2011
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $10,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
Subtitle H--Decorations and Awards
SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE
STAR MEDAL.
(a) Limitation on Eligible Persons.--Section 1133 of title 10,
United States Code, is amended to read as follows:
``Sec. 1133. Bronze Star: limitation on persons eligible to receive
``The decoration known as the `Bronze Star' may only be awarded to
a member of a military force who--
``(1) at the time of the events for which the decoration is to
be awarded, was serving in a geographic area in which special pay
is authorized under section 310 or paragraph (1) or (3) of section
351(a) of title 37; or
``(2) receives special pay under section 310 or paragraph (1)
or (3) of section 351(a) of title 37 as a result of those
events.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 57 of such title is amended by striking the item relating to
section 1133 and inserting the following new item:
``1133. Bronze Star: limitation on persons eligible to receive.''.
(c) Application of Amendment.--The amendment made by subsection (a)
applies to the award of the Bronze Star after October 30, 2000.
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO SHINYEI MATAYOSHI FOR ACTS OF VALOR DURING WORLD
WAR II.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army is authorized
and requested to award the Distinguished-Service Cross under section
3742 of that title to Shinyei Matayoshi for the acts of valor referred
to in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Tech Sergeant Shinyei Matayoshi on
April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental
Combat Team during World War II.
SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO JAY C. COPLEY FOR ACTS OF VALOR DURING THE
VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army is authorized
and requested to award the Distinguished-Service Cross under section
3742 of such title to former Captain Jay C. Copley of the United States
Army for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Captain Jay C. Copley on May 5,
1968, as commander of Company C of the 1st Battalion, 50th Infantry,
attached to the 173d Airborne Brigade during an engagement with a
regimental-size enemy force in Bin Dinh Province, South Vietnam.
SEC. 574. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE KOREAN
WAR.
(a) Commemorative Program Authorized.--The Secretary of Defense may
establish and conduct a program to commemorate the 60th anniversary of
the Korean War (in this section referred to as the ``commemorative
program''). In conducting the commemorative program, the Secretary of
Defense shall coordinate and support other programs and activities of
the Federal Government, State and local governments, and other persons
and organizations in commemoration of the Korean War.
(b) Schedule.--If the Secretary of Defense establishes the
commemorative program, the Secretary shall determine the schedule of
major events and priority of efforts for the commemorative program to
achieve the commemorative objectives specified in subsection (c). The
Secretary of Defense may establish a committee to assist the Secretary
in determining the schedule and conducting the commemorative program.
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To thank and honor veterans of the Korean War, including
members of the Armed Forces who were held as prisoners of war or
listed as missing in action, for their service and sacrifice on
behalf of the United States.
(2) To thank and honor the families of veterans of the Korean
War for their sacrifices and contributions, especially families who
lost a loved one in the Korean War.
(3) To highlight the service of the Armed Forces during the
Korean War and the contributions of Federal agencies and
governmental and non-governmental organizations that served with,
or in support of, the Armed Forces.
(4) To pay tribute to the sacrifices and contributions made on
the home front by the people of the United States during the Korean
War.
(5) To provide the people of the United States with a clear
understanding and appreciation of the lessons and history of the
Korean War.
(6) To highlight the advances in technology, science, and
medicine related to military research conducted during the Korean
War.
(7) To recognize the contributions and sacrifices made by the
allies of the United States during the Korean War.
(d) Use of The United States of America Korean War Commemoration
and Symbols.--Subsection (c) of section 1083 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1918), as amended by section 1067 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2134) and section 1052 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 764), shall apply to
the commemorative program.
(e) Commemorative Fund.--
(1) Establishment of new account.--If the Secretary of Defense
establishes the commemorative program, the Secretary the Treasury
shall establish in the Treasury of the United States an account to
be known as the ``Department of Defense Korean War Commemoration
Fund'' (in this section referred to as the ``Fund'').
(2) Administration and use of fund.--The Fund shall be
available to, and administered by, the Secretary of Defense. The
Secretary of Defense shall use the assets of the Fund only for the
purpose of conducting the commemorative program and shall prescribe
such regulations regarding the use of the Fund as the Secretary of
Defense considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary of
Defense of the exclusive rights described in subsection (c) of
section 1083 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1918).
(C) Donations made in support of the commemorative program
by private and corporate donors.
(4) Availability.--Subject to paragraph (5), amounts in the
Fund shall remain available until expended.
(5) Treatment of unobligated funds; transfer.--If unobligated
amounts remain in the Fund as of September 30, 2013, the Secretary
of the Treasury shall transfer the remaining amounts to the
Department of Defense Vietnam War Commemorative Fund established
pursuant to section 598(e) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 113 note).
The transferred amounts shall be merged with, and available for the
same purposes as, other amounts in the Department of Defense
Vietnam War Commemorative Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section 1342
of title 31, United States Code, the Secretary of Defense may
accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of Defense
shall prohibit the solicitation of any voluntary services if the
nature or circumstances of such solicitation would compromise the
integrity or the appearance of integrity of any program of the
Department of Defense or of any individual involved in the program.
(2) Compensation for work-related injury.--A person providing
voluntary services under this subsection shall be considered to be
a Federal employee for purposes of chapter 81 of title 5, United
States Code, relating to compensation for work-related injuries.
The person shall also be considered a special governmental employee
for purposes of standards of conduct and sections 202, 203, 205,
207, 208, and 209 of title 18, United States Code. A person who is
not otherwise employed by the Federal Government shall not be
considered to be a Federal employee for any other purpose by reason
of the provision of voluntary services under this subsection.
(3) Reimbursement of incidental expenses.--The Secretary of
Defense may provide for reimbursement of incidental expenses
incurred by a person providing voluntary services under this
subsection. The Secretary of Defense shall determine which expenses
are eligible for reimbursement under this paragraph.
(g) Report Required.--If the Secretary of Defense conducts the
commemorative program, the Inspector General of the Department of
Defense shall submit to Congress, not later than 60 days after the end
of the commemorative program, a report containing an accounting of--
(1) all of the funds deposited into and expended from the Fund;
(2) any other funds expended under this section; and
(3) any unobligated funds remaining in the Fund as of September
30, 2013, that are transferred to the Department of Defense Vietnam
War Commemorative Fund pursuant to subsection (e)(5).
(h) Limitation on Expenditures.--Using amounts appropriated to the
Department of Defense, the Secretary of Defense may not expend more
than $5,000,000 to carry out the commemorative program.
Subtitle I--Military Family Readiness Matters
SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT OF
DEFENSE MILITARY FAMILY READINESS COUNCIL.
(a) Inclusion of Spouse of General or Flag Officer.--Subsection (b)
of section 1781a of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (E) as subparagraph (F);
and
(B) by inserting after subparagraph (D) the following new
subparagraph:
``(E) The spouse of a general or flag officer.''; and
(2) in paragraph (2), by striking ``subparagraphs (C) and (D)''
and inserting ``subparagraphs (C), (D), and (E)''.
(b) Inclusion of Director of Office of Community Support for
Military Families With Special Needs.--Subsection (b)(1) of such
section is further amended by adding at the end the following new
subparagraph:
``(G) The Director of the Office of Community Support for
Military Families With Special Needs.''.
(c) Clarification of Appointment Options for Existing Member.--
Subparagraph (F) of subsection (b)(1) of such section, as redesignated
by subsection (a)(1)(A), is amended to read as follows:
``(F) In addition to the representatives appointed under
subparagraphs (B) and (C), the senior enlisted advisor, or the
spouse of a senior enlisted member, from each of the Army, Navy,
Marine Corps, and Air Force.''.
(d) Appointment by Secretary of Defense.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``, who shall be
appointed by the Secretary of Defense'';
(B) in subparagraph (C), by striking ``, who shall be
appointed by the Secretary of Defense'' both places it appears;
and
(C) in subparagraph (D), by striking ``by the Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary of Defense shall appoint the members of the
Council required by subparagraphs (B) through (F) of paragraph (1).''.
SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.
(a) Director of the Office of Community Support for Military
Families With Special Needs.--Subsection (c) of section 1781c of title
10, United States Code, is amended to read as follows:
``(c) Director.--(1) The head of the Office shall be the Director
of the Office of Community Support for Military Families With Special
Needs, who shall be a member of the Senior Executive Service or a
general officer or flag officer.
``(2) In the discharge of the responsibilities of the Office, the
Director shall be subject to the supervision, direction, and control of
the Under Secretary of Defense for Personnel and Readiness.''.
(b) Additional Responsibility for Office.--Subsection (d) of such
section is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) To conduct periodic reviews of best practices in the
United States in the provision of medical and educational services
for children with special needs.''.
(c) Enhancement of Support.--Section 563 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2304) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Military Department Support for Local Centers to Assist
Military Children With Special Needs.--The Secretary of a military
department may establish or support centers on or in the vicinity of
military installations under the jurisdiction of such Secretary to
coordinate and provide medical and educational services for children
with special needs of members of the Armed Forces who are assigned to
such installations.
``(d) Advisory Panel on Community Support for Military Families
With Special Needs.--
``(1) Establishment.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary of Defense shall
establish an advisory panel on community support for military
families with special needs.
``(2) Members.--The advisory panel shall consist of seven
individuals who are a member of a military family with special
needs. The Secretary of Defense shall appoint the members of the
advisory panel.
``(3) Duties.--The advisory panel shall--
``(A) provide informed advice to the Director of the Office
of Community Support for Military Families With Special Needs
on the implementation of the policy required by subsection (e)
of section 1781c of title 10, United States Code, and on the
discharge of the programs required by subsection (f) of such
section;
``(B) assess and provide information to the Director on
services and support for children with special needs that is
available from other departments and agencies of the Federal
Government and from State and local governments; and
``(C) otherwise advise and assist the Director in the
discharge of the duties of the Office of Community Support for
Military Families With Special Needs in such manner as the
Secretary of Defense and the Director jointly determine
appropriate.
``(4) Meetings.--The Director shall meet with the advisory
panel at such times, and with such frequency, as the Director
considers appropriate. The Director shall meet with the panel at
least once each year. The Director may meet with the panel through
teleconferencing or by other electronic means.''.
SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Office for Reintegration Programs.--Subsection (d)(1) of
section 582 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--
(1) by striking ``The Under'' and inserting the following:
``(A) In general.--The Under''; and
(2) in the last sentence--
(A) by striking ``The office may also'' and inserting the
following:
``(B) Partnerships and access.--The office may'';
(B) by inserting ``and the Department of Veterans Affairs''
after ``Administration''; and
(C) by adding at the end the following new sentence:
``Service and State-based programs may provide access to
curriculum, training, and support for services to members and
families from all components.''.
(b) Center for Excellence in Reintegration.--Subsection (d)(2) of
such section is amended by adding at the end the following new
sentence: ``The Center shall develop and implement a process for
evaluating the effectiveness of the Yellow Ribbon Reintegration Program
in supporting the health and well-being of members of the Armed Forces
and their families throughout the deployment cycle described in
subsection (g).''.
(c) State Deployment Cycle Support Teams.--Subsection (f)(3) of
such section is amended by inserting ``and community-based
organizations'' after ``service providers''.
(d) Operation of Program During Deployment and Post-deployment-
reconstitution Phases.--Subsection (g) of such section is amended--
(1) in paragraph (3), by inserting ``and to decrease the
isolation of families during deployment'' after ``combat zone'';
and
(2) in paragraph (5)(A), by inserting ``, providing information
on employment opportunities,'' after ``communities''.
(e) Additional Outreach Service.--Subsection (h) of such section,
as amended by section 595(1) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended by
adding at the end the following new paragraph:
``(15) Resiliency training to promote comprehensive programs
for members of the Armed Forces to build mental and emotional
resiliency for successfully meeting the demands of the deployment
cycle.''.
SEC. 584. EXPANSION AND CONTINUATION OF JOINT FAMILY SUPPORT
ASSISTANCE PROGRAM.
Section 675 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 119 Stat. 2273; 10 U.S.C.
1781 note) is amended--
(1) in subsection (b)--
(A) by striking ``not more than'' and inserting ``not less
than''; and
(B) by striking ``Up to'' and inserting ``At least''; and
(2) in subsection (h), by striking ``at the end of the three-
year period beginning on the date on which funds are first
obligated for the program'' and inserting ``on December 31, 2012''.
SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS.
(a) Review Required.--The Secretary of Defense shall carry out a
review of all education programs of the Department of Defense and
Department of Veterans Affairs designed to support spouses of members
of the Armed Forces.
(b) Elements of Review.--At a minimum, the review shall evaluate
the following:
(1) All education programs of the Department of Defense and
Department of Veterans Affairs that are in place to advance
educational opportunities for military spouses.
(2) The efficacy and effectiveness of such education programs.
(3) The extent to which the availability of educational
opportunities for military spouses influences the decisions of
members to remain in the Armed Forces.
(4) A comparison of the costs associated with providing
military spouse education opportunities as an incentive to retain
members rather than recruiting or training new members.
(c) Submission of Results.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) the results of the review; and
(2) such recommendations as the Secretary considers necessary
for improving military spouse education programs.
(d) Consultation.--In conducting the review and preparing the
report, the Secretary of Defense shall consult with the Secretary of
Veterans Affairs regarding education programs of Department of Veterans
Affairs assisting spouses of members of the Armed Forces.
SEC. 586. REPORT ON ENHANCING BENEFITS AVAILABLE FOR MILITARY
DEPENDENT CHILDREN WITH SPECIAL EDUCATION NEEDS.
(a) Report Required.--Not later than September 30, 2011, the
Secretary of the Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report describing
the needs of military families with children with special education
needs and evaluating options to enhance the benefits available to such
families and children under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) in meeting such needs.
(b) Consultation.--The Secretary of Defense shall prepare the
report in consultation with the Secretary of Education.
(c) Elements.--In preparing the report, the Secretary of Defense
shall--
(1) identify and assess obstacles faced by military families
with children with special education needs in obtaining a free
appropriate public education to address such needs;
(2) identify and assess evidence-based research and best
practices for providing special education and related services (as
those terms are defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401)) for military children
with special education needs;
(3) assess timeliness in obtaining special education and
related services described in paragraph (2);
(4) determine and document the cost associated with obtaining
special education and related services described in paragraph (2);
(5) assess the feasibility of establishing an individualized
education program for military children with special education
needs that is applicable across jurisdictions of local educational
agencies in order to achieve reciprocity among States in
acknowledging such programs;
(6) identify means of improving oversight and compliance with
the requirements of section 614 of the Individuals with
Disabilities Education Act (20 U.S.C. 1414) relating to a local
educational agency supporting an existing individualized education
program for a child with special education needs who is relocating
to another State pursuant to the permanent change of station of a
military parent until an individualized education program is
developed and approved for such child in the State to which the
child relocates;
(7) assess the feasibility of establishing an expedited process
for resolution of complaints by military parents with a child with
special education needs about lack of access to education and
related services otherwise specified in the individualized
education program of the child;
(8) assess the feasibility of permitting the Department of
Defense to contact the State to which a military family with a
child with special education needs will relocate pursuant to a
permanent change of station when the orders for such change of
station are issued, but before the family takes residence in such
State, for the purpose of commencing preparation for education and
related services specified in the individualized education program
of the child;
(9) assess the feasibility of establishing a system within the
Department of Defense to document complaints by military parents
regarding access to free and appropriate public education for their
children with special education needs;
(10) identify means to strengthen the monitoring and oversight
of special education and related services for military children
with special education needs under the Interstate Compact on
Educational Opportunities for Military Children; and
(11) consider such other matters as the Secretary of Defense
and the Secretary of Education jointly consider appropriate.
SEC. 587. REPORTS ON CHILD DEVELOPMENT CENTERS AND FINANCIAL
ASSISTANCE FOR CHILD CARE FOR MEMBERS OF THE ARMED FORCES.
(a) Reports Required.--Not later than six months after the date of
the enactment of this Act, and every two years thereafter, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on Department
of Defense child development centers and financial assistance for child
care provided by the Department of Defense off-installation to members
of the Armed Forces.
(b) Elements.--Each report required by subsection (a) shall include
the following, current as of the date of such report:
(1) The number of child development centers currently located
on military installations.
(2) The number of dependents of members of the Armed Forces
utilizing such child development centers.
(3) The number of dependents of members of the Armed Forces
that are unable to utilize such child development centers due to
capacity limitations.
(4) The types of financial assistance available for child care
provided by the Department of Defense off-installation to members
of the Armed Forces (including eligible members of the reserve
components).
(5) The extent to which members of the Armed Forces are
utilizing such financial assistance for child care off-
installation.
(6) The methods by which the Department of Defense reaches out
to eligible military families to increase awareness of the
availability of such financial assistance.
(7) The formulas used to calculate the amount of such financial
assistance provided to members of the Armed Forces.
(8) The funding available for such financial assistance in the
Department of Defense and in the military departments.
(9) The barriers to access, if any, to such financial
assistance faced by members of the Armed Forces, including whether
standards and criteria of the Department of Defense for child care
off-installation may affect access to child care.
(10) Any other matters the Secretary considers appropriate in
connection with such report, including with respect to the
enhancement of access to Department of Defense child care
development centers and financial assistance for child care off-
installation for members of the Armed Forces.
Subtitle J--Other Matters
SEC. 591. AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE AND COAST GUARD CIVILIAN EMPLOYEES AND THEIR FAMILIES
TO ACCEPT GIFTS FROM NON-FEDERAL ENTITIES.
(a) Codification and Expansion of Existing Authority to Cover
Additional Members and Employees.--Chapter 155 of title 10, United
States Code, is amended by inserting after section 2601 the following
new section:
``Sec. 2601a. Direct acceptance of gifts by members of the armed forces
and Department of Defense and Coast Guard employees and their
families
``(a) Regulations Governing Acceptance of Gifts.--(1) The Secretary
of Defense (and the Secretary of Homeland Security in the case of the
Coast Guard) shall issue regulations to provide that, subject to such
limitations as may be specified in such regulations, the following
individuals may accept gifts from nonprofit organizations, private
parties, and other sources outside the Department of Defense or the
Department of Homeland Security:
``(A) A member of the armed forces described in subsection (b).
``(B) A civilian employee of the Department of Defense or Coast
Guard described in subsection (c).
``(C) The family members of such a member or employee.
``(D) Survivors of such a member or employee who is killed.
``(2) The regulations required by this subsection shall--
``(A) apply uniformly to all elements of the Department of
Defense and, to the maximum extent feasible, to the Coast Guard;
and
``(B) require review and approval by a designated agency ethics
official before acceptance of a gift to ensure that acceptance of
the gift complies with the Joint Ethics Regulation.
``(b) Covered Members.--This section applies to a member of the
armed forces who, while performing active duty, full-time National
Guard duty, or inactive-duty training on or after September 11, 2001,
incurred an injury or illness--
``(1) as described in section 1413a(e)(2) of this title; or
``(2) under other circumstances determined by the Secretary
concerned to warrant treatment analogous to members covered by
paragraph (1).
``(c) Covered Employees.--This section applies to a civilian
employee of the Department of Defense or Coast Guard who, while an
employee on or after September 11, 2001, incurred an injury or illness
under a circumstance described in paragraph (1) or (2) of subsection
(c).
``(d) Gifts From Certain Sources Prohibited.--The regulations
issued under subsection (a) may not authorize the acceptance of a gift
from a foreign government or international organization or their
agents.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2601 the following new item:
``2601a. Direct acceptance of gifts by members of the armed forces and
Department of Defense and Coast Guard employees and their
families.''.
SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED
FOR ADMISSION TO NATIONAL DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended by
striking ``20 full-time student positions'' and inserting ``35 full-
time student positions''.
SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Admission Authority.--Chapter 901 of title 10, United States
Code, is amended by inserting after section 9314 the following new
section:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of defense industry civilians
``(a) Admission Authorized.--(1) The Secretary of the Air Force may
permit defense industry employees described in subsection (b) to
receive instruction at the United States Air Force Institute of
Technology in accordance with this section. Any such defense industry
employee may be enrolled in, and may be provided instruction in, a
program leading to a graduate degree in a defense focused curriculum
related to aeronautics and astronautics, electrical and computer
engineering, engineering physics, mathematics and statistics,
operational sciences, or systems and engineering management.
``(2) No more than 125 defense industry employees may be enrolled
at the United States Air Force Institute of Technology at any one time
under the authority of paragraph (1).
``(3) Upon successful completion of the course of instruction at
the United States Air Force Institute of Technology in which a defense
industry employee is enrolled, the defense industry employee may be
awarded an appropriate degree under section 9314 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of this
section, an eligible defense industry employee is an individual
employed by a private firm that is engaged in providing to the
Department of Defense significant and substantial defense-related
systems, products, or services. A defense industry employee admitted
for instruction at the United States Air Force Institute of Technology
remains eligible for such instruction only so long at that person
remains employed by the same firm.
``(c) Annual Determination by the Secretary of the Air Force.--
Defense industry employees may receive instruction at the United States
Air Force Institute of Technology during any academic year only if,
before the start of that academic year, the Secretary of the Air Force,
or the designee of the Secretary, determines that providing instruction
to defense industry employees under this section during that year--
``(1) will further the military mission of the United States
Air Force Institute of Technology; and
``(2) will be done on a space-available basis and not require
an increase in the size of the faculty of the school, an increase
in the course offerings of the school, or an increase in the
laboratory facilities or other infrastructure of the school.
``(d) Program Requirements.--The Secretary of the Air Force shall
ensure that--
``(1) the curriculum in which defense industry employees may be
enrolled under this section is not readily available through other
schools and concentrates on the areas of focus specified in
subsection (a)(1) that are conducted by military organizations and
defense contractors working in close cooperation; and
``(2) the course offerings at the United States Air Force
Institute of Technology continue to be determined solely by the
needs of the Department of Defense.
``(e) Tuition.--(1) The United States Air Force Institute of
Technology shall charge tuition for students enrolled under this
section at a rate not less than the rate charged for employees of the
United States outside the Department of the Air Force.
``(2) Amounts received by the United States Air Force Institute of
Technology for instruction of students enrolled under this section
shall be retained by the school to defray the costs of such
instruction. The source, and the disposition, of such funds shall be
specifically identified in records of the school.
``(f) Standards of Conduct.--While receiving instruction at the
United States Air Force Institute of Technology, defense industry
employees enrolled under this section, to the extent practicable, are
subject to the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to Government
civilian employees receiving instruction at the school.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9314 the following new item:
``9314a. United States Air Force Institute of Technology: admission of
defense industry civilians.''.
SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE CORPS.
Paragraph (5) of section 3068 of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``Pharmacy, Supply, and
Administration'' and inserting ``Administrative Health Services'';
(2) in subparagraph (C), by striking ``Sanitary Engineering''
and inserting ``Preventive Medicine Sciences''; and
(3) in subparagraph (D), by striking ``Optometry'' and
inserting ``Clinical Health Sciences''.
SEC. 595. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF
DEFENSE STARBASE PROGRAM.
Section 2193b(g) of title 10, United States Code, is amended by
striking ``90 days after the end of each fiscal year'' and inserting
``March 31 of each year''.
SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF
MILITARY LEADERSHIP DIVERSITY COMMISSION.
Section 596(e)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4478) is amended by striking ``12 months'' and inserting ``18 months''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.
Subtitle D--Disability, Retired Pay and Survivor Benefits
Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on reducing
eligibility age for receipt of non-regular service retired
pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.
Subtitle F--Other Matters
Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.
Subtitle A--Pay and Allowances
SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR
RESERVIST INCOME REPLACEMENT PAYMENTS ON ACCOUNT OF AVAILABILITY
OF COMPARABLE BENEFITS UNDER ANOTHER PROGRAM.
(a) Ineligibility for Payments.--Section 910(b) of title 37, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) A civilian employee of the Federal Government who is also a
member of a reserve component is not entitled to a payment under this
section for any period for which the employee is entitled to--
``(A) a differential payment under section 5538 of title 5; or
``(B) a comparable benefit under an administratively
established program for civilian employees absent from a position
of employment with the Federal Government in order to perform
active duty in the uniformed services.''.
(b) Effective Date.--Subsection (b)(3) of section 910 of title 37,
United States Code, as added by subsection (a), shall apply with
respect to payments under such section for months beginning on or after
the date of the enactment of this Act.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 308b(g), relating to Selected Reserve reenlistment
bonus.
(2) Section 308c(i), relating to Selected Reserve affiliation
or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment
bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment and
reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment
and reenlistment bonus for persons with prior service.
(7) Section 910(g), relating to income replacement payments for
reserve component members experiencing extended and frequent
mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay for
nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for dental
officers.
(6) Section 302j(a), relating to accession bonus for pharmacy
officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive pay
authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for active
members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for conversion
to military occupational specialty to ease personnel shortage.
(7) Section 327(h), relating to incentive bonus for transfer
between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.
The following sections of title 10, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 1030(i), relating to health professions referral
bonus.
(2) Section 3252(h), relating to Army referral bonus.
Subtitle C--Travel and Transportation Allowances
SEC. 621. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND
TRANSPORTATION ALLOWANCES FOR INACTIVE DUTY TRAINING OUTSIDE OF
NORMAL COMMUTING DISTANCES.
Section 408a(e) of title 37, United States Code, is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE AT
YELLOW RIBBON REINTEGRATION EVENTS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 411k the following new section:
``Sec. 411l. Travel and transportation allowances: attendance of
members and other persons at Yellow Ribbon Reintegration Program
events
``(a) Allowances Authorized.--(1) Under uniform regulations
prescribed by the Secretaries concerned, a member of the uniformed
services authorized to attend a Yellow Ribbon Reintegration Program
event may be provided travel and transportation allowances in order
that the member may attend a Yellow Ribbon Reintegration Program event.
``(2) Under uniform regulations prescribed by the Secretaries
concerned, travel and transportation allowances may be provided for a
person designated pursuant to subsection (b) in order for the person to
accompany a member in attending a Yellow Ribbon Reintegration Program
event if the Secretary concerned determines that the presence of the
person at the event may contribute to the purposes of the event for the
member.
``(b) Designation of Persons Eligible for Allowance.--A member of
the uniformed services who is eligible to attend a Yellow Ribbon
Reintegration Program event may designate one or more persons,
including another member of the uniformed services, for purposes of
receiving travel and transportation allowances described in subsection
(c) to attend a Yellow Ribbon Reintegration Program event. The
designation of a person for purposes of this section shall be made in
writing and may be changed at any time.
``(c) Authorized Travel and Transportation.--(1) The transportation
authorized by subsection (a) is round-trip transportation between the
home or place of business of the authorized person and the location of
the Yellow Ribbon Reintegration Program event.
``(2) In addition to transportation under paragraph (1), the
Secretary concerned may provide a per diem allowance or reimbursement
for the actual and necessary expenses of the travel, or a combination
thereof, but not to exceed the rates established under section 404(d)
of this title.
``(3) The transportation authorized by paragraph (1) may be
provided by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-kind
at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of transportation.
``(4) An allowance payable under this subsection may be paid in
advance.
``(5) Reimbursement payable under this subsection may not exceed
the cost of Government-procured commercial round-trip air travel.
``(d) Yellow Ribbon Reintegration Program Event Defined.--In this
section, the term `Yellow Ribbon Reintegration Program event' means an
event authorized under section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
10101 note).''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item related to
section 411k the following new item:
``411l. Travel and transportation allowances: attendance of members and
other persons at Yellow Ribbon Reintegration Program
events.''.
(b) Applicability.--No reimbursement may be provided under section
411l of title 37, United States Code, as added by subsection (a), for
travel and transportation costs incurred before September 30, 2010.
Subtitle D--Disability, Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR MEMBERS
WITH GREATER THAN 30 YEARS OF SERVICE WHO RETIRE FOR DISABILITY.
(a) Computation of Retired Pay.--The table in section 1401(a) of
title 10, United States Code, is amended--
(1) in the column designated ``Column 2'', by inserting ``, not
to exceed 75%,'' after ``percentage of disability'' both places it
appears; and
(2) by striking column 4.
(b) Recomputation of Retired or Retainer Pay to Reflect Later
Active Duty of Members Who First Became Members Before September 8,
1980.--The table in section 1402(d) of such title is amended--
(1) in the column designated ``Column 2'', by inserting ``, not
to exceed 75%,'' after ``percentage of disability''; and
(2) by striking column 4.
(c) Recomputation of Retired or Retainer Pay to Reflect Later
Active Duty of Members Who First Became Members After September 7,
1980.--The table in section 1402a(d) of such title is amended--
(1) in the column designated ``Column 2'', by inserting ``, not
to exceed 75 percent,'' after ``percentage of disability''; and
(2) by striking column 4.
(d) Application of Amendments.--The tables in sections 1401(a),
1402(d), and 1402a(d) of title 10, United States Code, as in effect on
the day before the date of the enactment of this Act, shall continue to
apply to the computation or recomputation of retired or retainer pay
for persons who first became entitled to retired or retainer pay under
subtitle A of such title on or before the date of the enactment of this
Act. The amendments made by this section shall apply only with respect
to persons who first become entitled to retired or retainer pay under
such subtitle after that date.
SEC. 632. PAYMENT DATE FOR RETIRED AND RETAINER PAY.
(a) Setting Payment Date.--Section 1412 of title 10, United States
Code, is amended--
(1) by striking ``Amounts'' and inserting ``(a) Rounding.--
Amounts''; and
(2) by adding at the end the following new subsection:
``(b) Payment Date.--Amounts of retired pay and retainer pay due a
retired member of the uniformed services shall be paid on the first day
of each month beginning after the month in which the right to such pay
accrues.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 1412. Administrative provisions''.
(2) Table of sections.--The table of sections at the beginning
of chapter 71 of such title is amended by striking the item
relating to section 1412 and inserting the following new item:
``1412. Administrative provisions.''.
(c) Effective Date.--Subsection (b) of section 1412 of title 10,
United States Code, as added by subsection (a), shall apply beginning
with the first month that begins more than 30 days after the date of
the enactment of this Act.
SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT
MEMBER TO ACTIVE DUTY TO RECEIVE AUTHORIZED MEDICAL CARE ON
REDUCING ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR SERVICE
RETIRED PAY.
Section 12731(f)(2)(B) of title 10, United States Code, is amended
by adding at the end the following new clause:
``(iii) If a member described in subparagraph (A) is wounded or
otherwise injured or becomes ill while serving on active duty pursuant
to a call or order to active duty under a provision of law referred to
in the first sentence of clause (i) or in clause (ii), and the member
is then ordered to active duty under section 12301(h)(1) of this title
to receive medical care for the wound, injury, or illness, each day of
active duty under that order for medical care shall be treated as a
continuation of the original call or order to active duty for purposes
of reducing the eligibility age of the member under this paragraph.''.
SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS WITH
INJURIES OR ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING
WITH MONTHLY PERSONAL CAREGIVER STIPEND UNDER DEPARTMENT OF
VETERANS AFFAIRS PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY
CAREGIVERS.
Subsection (c) of section 439 of title 37, United States Code, is
amended to read as follows:
``(c) Amount.--The amount of monthly special compensation payable
to a member under subsection (a) shall be the amount as follows:
``(1) The monthly amount of aid and attendance payable under
section 1114(r)(2) of title 38.
``(2) Upon the establishment by the Secretary of Veterans
Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of
title 38 of the schedule of monthly personal caregiver stipends
under the Department of Veterans Affairs program of comprehensive
assistance for family caregivers under subparagraph (A)(ii)(V) of
such section, the monthly personal caregiver stipend payable with
respect to similarly circumstanced veterans under such schedule,
rather than the amount specified in paragraph (1).''.
SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE REQUIREMENTS
FOR RETIRED PAY FOR NON-REGULAR SERVICE.
It is the sense of Congress that--
(1) the amendments made to section 12731 of title 10, United
States Code, by section 647 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 160) were
intended to reduce the minimum age at which members of a reserve
component of the Armed Forces would begin receiving retired pay
according to time spent deployed, by three months for every 90-day
period spent on active duty over the course of a career, rather
than limiting qualifying time to such periods wholly served within
the same fiscal year, as interpreted by the Department of Defense;
and
(2) steps should be taken by the Department of Defense to
implement the congressional intent outlined in paragraph (1).
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND RECREATION
TELEPHONE SERVICES FOR USE IN CONTRACTS TO PROVIDE SUCH SERVICES
FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES.
Section 885 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is
amended by adding at the end the following new subsection:
``(c) Morale, Welfare, and Recreation Telephone Services Defined.--
In this section, the term `morale, welfare, and recreation telephone
services' means unofficial telephone calling center services supporting
calling centers provided by the Army and Air Force Exchange Service,
Navy Exchange Service Command, Marine Corps exchanges, or any other
nonappropriated fund instrumentality of the United States under the
jurisdiction of the Armed Forces which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of members of
the Armed Forces.''.
SEC. 642. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE STORE
IN THE NORTHERN MARIANA ISLANDS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
containing the results of a study to determine the feasibility of
replacing the ``Shoppette'' of the Army and Air Force Exchange Service
in the Northern Mariana Islands with a full-service exchange store.
SEC. 643. CONTINUATION OF COMMISSARY AND EXCHANGE OPERATIONS AT
BRUNSWICK NAVAL AIR STATION, MAINE.
(a) Continuation of Operations.--The Secretary of Defense shall
provide for the continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine, until the later of the following:
(1) The closure of Brunswick Naval Air Station.
(2) The end of the 60-day period beginning on the date on which
the Secretary of Defense makes the determination under subsection
(b).
(b) Review and Determination.--Not earlier than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) review any report prepared by the Comptroller General of
the United States relating to commissary and exchange operations at
Brunswick Naval Air Station, Maine; and
(2) based on such review, make a determination regarding
whether such operations should be continued.
Subtitle F--Other Matters
SEC. 651. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR PERSONNEL
ASSIGNED TO SEA DUTY.
(a) Report Required.--Not later than July 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the following:
(1) A review of the standards used to determine the monthly
rates of basic allowance for housing for personnel assigned to sea
duty (under section 403 of title 37, United States Code).
(2) A review of the legislative framework and policies
applicable to eligibility and levels of compensation for single and
married personnel, with and without dependents, who are assigned to
sea duty.
(3) Any recommendation for modifications of title 37, United
States Code, relating to basic allowance for housing for personnel
who are assigned to sea duty that the Secretary considers
appropriate, including an estimate of the cost of each
modification.
(b) Elements of Reviews.--In conducting the reviews for purposes of
subsection (a), the Secretary shall consider whether existing law,
policies, and housing standards are suitable in terms of the following:
(1) The cost and availability of housing ashore for personnel
assigned to sea duty.
(2) The pay and allowances (other than basic allowance for
housing) payable to personnel who are assigned to sea duty,
including basic pay, career sea pay, and the family separation
allowance.
(3) The comparability in levels of compensation for single and
married personnel, with and without dependents, who are assigned to
sea duty.
(4) The provision of appropriate quality of life and retention
incentives for members in all grades who are assigned to sea duty.
(5) The provision of appropriate recognition and motivation for
promotion to higher military grades of personnel who are assigned
to sea duty.
(6) Budgetary constraints and rising personnel costs.
SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF SPECIAL PAY
FOR AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.
(a) Report Required.--Not later than August 1, 2011, the Secretary
of Defense shall submit to the congressional defense committees a
report regarding the use and management of the special pay programs
authorized in section 301b of title 37, United States Code, for
aviation career officers extending a period of active duty.
(b) Elements of Report.--The report required by subsection (a)
shall include the following:
(1) A review of the programs operated by the Secretaries of the
military departments, including--
(A) directives and guidelines issued by the Secretary of
Defense;
(B) the number of aviation officers receiving the special
pay, listed by weapon system;
(C) the weapon systems for which special pay is not
authorized and the number of aviation officers affected by such
exclusion;
(D) the policy and structure of the programs and the
retention philosophy supporting the policy and structure of the
programs;
(E) the amounts paid to individual aviation officers,
annually and over the course of a career; and
(F) the amounts budgeted annually for such programs.
(2) An accounting of aviation officers receiving the special
pay who have an active duty service commitment and the totals of
aviation officers and allocated funding by types of active duty
service commitment.
(3) A review of retention trends for aviation officers,
generally and by weapon system, within the military departments and
an assessment of the factors that influence retention trends, and
the reliability and durability of those trends if such factors are
altered.
(4) An assessment of the funds that can be saved by
restructuring or eliminating such programs to reduce payments to
aviation officers associated with those weapon systems with strong
retention trends and aviation officers with active duty service
commitments.
(5) A review of the demand for former military aviation
officers to fulfill commercial airline hiring requirements, recent
data regarding airline hiring of former military aviation officers,
and an assessment of the methods used by airlines to qualify pilot
candidates for employment as commercial pilots.
(6) Any recommendations for modifications of title 37, United
States Code, relating to special pay for aviation career officers
extending a period of active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military
health-care professionals who are members of the National
Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.
Subtitle C--Other Matters
Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after
deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.
Subtitle A--Improvements to Health Benefits
SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH
CARE COSTS.
(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2009'' and inserting ``September 30, 2011''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title
is amended by striking ``September 30, 2010'' and inserting ``September
30, 2011''.
SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER THE TRICARE
PROGRAM.
(a) Dependent Coverage.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1110b. TRICARE program: extension of dependent coverage
``(a) In General.--In accordance with subsection (c), an individual
described in subsection (b) shall be deemed to be a dependent (as
described in section 1072(2)(D) of this title) for purposes of coverage
under the TRICARE program.
``(b) Individual Described.--An individual described in this
subsection is an individual who--
``(1) would be a dependent under section 1072(2) of this title
but for exceeding an age limit under such section;
``(2) has not attained the age of 26;
``(3) is not eligible to enroll in an eligible employer-
sponsored plan (as defined in section 5000A(f)(2) of the Internal
Revenue Code of 1986);
``(4) is not otherwise a dependent of a member or a former
member under any subparagraph of section 1072(2) of this title; and
``(5) meets other criteria specified in regulations prescribed
by the Secretary, similar to regulations prescribed by the
Secretary of Health and Human Services under section 2714(b) of the
Public Health Service Act.
``(c) Premium.--(1) The Secretary shall prescribe by regulation a
premium (or premiums) for coverage under the TRICARE program provided
pursuant to this section to an individual described in subsection (b).
``(2) The monthly amount of the premium in effect for a month for
coverage under the TRICARE program pursuant to this section shall be
the amount equal to the cost of such coverage that the Secretary
determines on an appropriate actuarial basis.
``(3) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(4) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 1110a the following new item:
``1110b. TRICARE program: extension of dependent coverage.''.
(b) Effective Date and Regulations.--The amendments made by this
section shall take effect on January 1, 2011. The Secretary of Defense
shall prescribe an interim final rule with respect to such amendments,
effective not later than January 1, 2011.
SEC. 703. SURVIVOR DENTAL BENEFITS.
Paragraph (2) of section 1076a(k) of title 10, United States Code,
is amended to read as follows:
``(2) Such term includes any such dependent of a member who dies--
``(A) while on active duty for a period of more than 30 days;
or
``(B) while such member is a member of the Ready Reserve.''.
SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.
(a) Tinnitus Screening.--
(1) Study required.--Not later than September 30, 2011, the
Secretary of Defense shall conduct a study to identify the best
tests currently available to screen members of the Armed Forces for
tinnitus.
(2) Plan.--Not later than December 31, 2011, the Secretary
shall develop a plan to ensure that all members of the Armed Forces
are screened for tinnitus prior to and after a deployment to a
combat zone.
(3) Report.--Not later than December 31, 2011, the Secretary
shall submit to the congressional defense committees a report
containing the results of the study under paragraph (1) and the
plan under paragraph (2).
(b) Improving Aural Protection for Members of the Armed Forces.--
(1) In general.--In accordance with section 721 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4506), the Secretary of Defense
shall examine methods to improve the aural protection for members
of the Armed Forces in combat.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the methods to improve
aural protection examined under subsection (a).
(c) Center of Excellence.--The Secretary shall ensure that all
studies, findings, plans, and reports conducted or submitted under this
section are transmitted to the center of excellence established by
section 721 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506).
SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER
RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
During the period beginning on October 1, 2010, and ending on
September 30, 2011, the cost sharing requirements established under
paragraph (6) of section 1074g(a) of title 10, United States Code, for
pharmaceutical agents available through retail pharmacies covered by
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
Subtitle B--Health Care Administration
SEC. 711. ADMINISTRATION OF TRICARE.
Subsection (a) of section 1073 of title 10, United States Code, is
amended--
(1) by striking ``Except'' and inserting ``(1) Except''; and
(2) by adding at the end the following new paragraph:
``(2) Except as otherwise provided in this chapter, the Secretary
of Defense shall have responsibility for administering the TRICARE
program and making any decision affecting such program.''.
SEC. 712. POSTDEPLOYMENT HEALTH REASSESSMENTS FOR PURPOSES OF THE
MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE ARMED FORCES DEPLOYED
OVERSEAS.
(a) Requirement for Postdeployment Health Reassessments.--Paragraph
(1) of subsection (b) of section 1074f of title 10, United States Code,
is amended to read as follows:
``(1)(A) The system described in subsection (a) shall include the
use of predeployment medical examinations and postdeployment medical
examinations (including the assessment of mental health and the drawing
of blood samples) and postdeployment health reassessments to--
``(i) accurately record the health status of members before
their deployment;
``(ii) accurately record any changes in their health status
during the course of their deployment; and
``(iii) identify health concerns, including mental health
concerns, that may become manifest several months following their
deployment.
``(B) The postdeployment medical examination shall be conducted
when the member is redeployed or otherwise leaves an area in which the
system is in operation (or as soon as possible thereafter).
``(C) The postdeployment health reassessment shall be conducted at
an appropriate time during the period beginning 90 days after the
member is redeployed and ending 180 days after the member is
redeployed.''.
(b) Incorporation in Reassessments of Elements of Predeployment and
Postdeployment Medical Examinations.--Paragraph (2) of such subsection
is amended by striking ``and postdeployment medical examination'' and
inserting ``medical examination, postdeployment medical examination,
and postdeployment health reassessment''.
(c) Recordkeeping.--Subsection (c) of such section is amended--
(1) by inserting ``and reassessments'' after ``medical
examinations''; and
(2) by inserting ``and the prescription and administration of
psychotropic medications'' after ``including immunizations''.
(d) Quality Assurance.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``and postdeployment medical
examinations'' and inserting ``, postdeployment medical
examinations, and postdeployment health reassessments''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and reassessments''
after ``postdeployment health assessments''; and
(B) in subparagraph (B), by inserting ``and reassessments''
after ``such assessments''.
SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO
MILITARY HEALTH-CARE PROFESSIONALS WHO ARE MEMBERS OF THE
NATIONAL GUARD PERFORMING CERTAIN DUTY WHILE IN STATE STATUS.
Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or (3)'' after ``paragraph
(2)'';
(2) in paragraph (2), by inserting ``as being described in this
paragraph'' after ``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(3) A health-care professional referred to in paragraph (1) as
being described in this paragraph is a member of the National Guard
who--
``(A) has a current license to practice medicine, osteopathic
medicine, dentistry, or another health profession; and
``(B) is performing training or duty under section 502(f) of
title 32 in response to an actual or potential disaster.''.
SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR MEDICAL
CORPS OFFICERS.
(a) Review of Training Programs for Medical Officers.--
(1) Review.--The Secretary of Defense shall conduct a review of
training programs for medical officers (as defined in section
101(b)(14) of title 10, United States Code) to ensure that the
academic and military performance of such officers has been
completely documented in military personnel records. The programs
reviewed shall include, at a minimum, the following:
(A) Programs at the Uniformed Services University of the
Health Sciences that award a medical doctor degree.
(B) Selected residency programs at military medical
treatment facilities, as determined by the Secretary, to
include at least one program in each of the specialties of--
(i) anesthesiology;
(ii) emergency medicine;
(iii) family medicine;
(iv) general surgery;
(v) neurology;
(vi) obstetrics/gynecology;
(vii) pathology;
(viii) pediatrics; and
(ix) psychiatry.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the findings of the
review under paragraph (1).
(b) Annual Report on Graduate Medical Education Programs.--
(1) Annual report.--Not later than April 1, 2011, and annually
thereafter through 2015, the Secretary of Defense shall submit to
the congressional defense committees a report on the status of the
graduate medical education programs of the Department of Defense.
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) An identification of each graduate medical education
program of the Department of Defense in effect during the
previous fiscal year, including for each such program, the
military department responsible, the location, the medical
specialty, the period of training required, and the number of
students by year.
(B) The status of each program referred to in subparagraph
(A), including, for each such program, an identification of the
fiscal year in which the last action was taken with respect to
each of the following:
(i) Initial accreditation.
(ii) Continued accreditation.
(iii) If applicable, probation, and the reasons for
probationary status.
(iv) If applicable, withheld or withdrawn
accreditation, and the reasons for such action.
(C) A discussion of trends in the graduate medical
education programs of the Department.
(D) A discussion of challenges faced by such programs, and
a description and assessment of strategies and plans to address
such challenges.
(E) Such other matters as the Secretary considers
appropriate.
SEC. 715. HEALTH INFORMATION TECHNOLOGY.
(a) Enterprise Risk Assessment Methodology Study.--
(1) Study required.--The Secretary of Defense shall conduct an
enterprise risk assessment methodology study of all health
information technology programs of the Department of Defense.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the results of
the study required under paragraph (1).
(b) Report on Health Information Technology Organizational
Structure and Future Plans.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the organizational
structure for health information technology within the Department
of Defense.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) Organizational charts for all organizations involved
with health information technology showing, at a minimum, the
senior positions in each office and each activity.
(B) A description of the functions and responsibilities, to
include policy formulation, policy and program execution, and
program oversight, of each senior position for health
information technology.
(C) An assessment of how well the health information
systems of the Department of Defense interact with the health
information systems of--
(i) the Department of Veterans Affairs; and
(ii) entities other than the Federal Government.
(D) A description of the role played by the Interagency
Program Office established by section 1635 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note) and whether the office is satisfactorily performing the
functions required by such section, as well as recommendations
for administrative or legislative action as the Secretary
considers appropriate.
(E) A complete description of all future plans for legacy
systems and new electronic health record initiatives, including
the joint virtual lifetime electronic record.
(F) The results of the survey described in paragraph (3).
(3) Survey.--The Secretary shall conduct a survey of users of
the health information technology systems of the Department of
Defense to assess the benefits and failings of such systems.
(4) Definitions.--In this subsection:
(A) The term ``senior position'' means a position filled by
a member of the senior executive service, a position on the
Executive Schedule established pursuant to title 5, United
States Code, or a position filled by a general or flag officer.
(B) The term ``senior personnel'' means personnel who are
members of the senior executive service, who fill a position
listed on the Executive Schedule established pursuant to title
5, United States Code, or who are general or flag officers.
(c) Report on GAO Report Required.--Not later than March 31, 2011,
the Secretary of Defense shall submit to the congressional defense
committees a report on the report by the Comptroller General of the
United States titled ``Information Technology: Opportunities Exist to
Improve Management of DOD's Electronic Health Record Initiative'' (GAO-
11-50), including--
(1) the status of implementing the recommendations made in such
report; and
(2) for each such recommendation that has not been implemented,
the reason why the recommendation has not been implemented.
SEC. 716. EDUCATION AND TRAINING ON USE OF PHARMACEUTICALS IN
REHABILITATION PROGRAMS FOR WOUNDED WARRIORS.
(a) Education and Training Required.--The Secretary of Defense
shall develop and implement training, available through the Internet or
other means, on the use of pharmaceuticals in rehabilitation programs
for seriously ill or injured members of the Armed Forces.
(b) Recipients of Training.--The training developed and implemented
under subsection (a) shall be training for each category of individuals
as follows:
(1) Patients in or transitioning to a wounded warrior unit,
with special accommodation in such training for such patients with
cognitive disabilities.
(2) Nonmedical case managers.
(3) Military leaders.
(4) Family members.
(c) Elements of Training.--The training developed and implemented
under subsection (a) shall include the following:
(1) An overview of the fundamentals of safe prescription drug
use.
(2) Familiarization with the benefits and risks of using
pharmaceuticals in rehabilitation therapies.
(3) Examples of the use of pharmaceuticals for individuals with
multiple, complex injuries, including traumatic brain injury and
post-traumatic stress disorder.
(4) Familiarization with means of finding additional resources
for information on pharmaceuticals.
(5) Familiarization with basic elements of pain and
pharmaceutical management.
(6) Familiarization with complementary and alternative
therapies.
(d) Tailoring of Training.--The training developed and implemented
under subsection (a) shall appropriately tailor the elements specified
in subsection (c) for and among each category of individuals set forth
in subsection (b).
(e) Review of Pharmacy.--
(1) Review.--The Secretary shall review all policies and
procedures of the Department of Defense regarding the use of
pharmaceuticals in rehabilitation programs for seriously ill or
injured members of the Armed Forces.
(2) Recommendations.--Not later than September 20, 2011, the
Secretary shall submit to the congressional defense committees any
recommendations for administrative or legislative action with
respect to the review under paragraph (1) as the Secretary
considers appropriate.
Subtitle C--Other Matters
SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARATIONS RESULTING
FROM REFUSAL TO PARTICIPATE IN ANTHRAX VACCINE IMMUNIZATION
PROGRAM.
Section 1178 of title 10, United States Code, is amended--
(1) by striking ``(a) Requirement To Establish System.--''; and
(2) by striking subsection (b).
SEC. 722. COMPREHENSIVE POLICY ON CONSISTENT NEUROLOGICAL COGNITIVE
ASSESSMENTS OF MEMBERS OF THE ARMED FORCES BEFORE AND AFTER
DEPLOYMENT.
(a) Comprehensive Policy Required.--Not later than January 31,
2011, the Secretary of Defense shall develop and implement a
comprehensive policy on consistent neurological cognitive assessments
of members of the Armed Forces before and after deployment.
(b) Updates.--The Secretary shall revise the policy required by
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
SEC. 723. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY
OCCUPATION.
(a) Assessment.--The Secretaries of the military departments shall
each conduct an assessment of post-traumatic stress disorder incidence
by military occupation, including identification of military
occupations with a high incidence of such disorder.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretaries shall each submit to the
congressional defense committees a report on the assessment under
subsection (a).
(c) Centers of Excellence.--The Secretary of Defense shall ensure
that all studies, findings, plans, and reports conducted or submitted
under this section are transmitted to the centers of excellence
established by sections 1621 and 1622 of the Wounded Warrior Act (title
XVI of Public Law 110-181).
SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE
PROGRAM.
Not later than June 20, 2011, the Secretary of Defense shall
prescribe the regulations required by section 717 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 1073 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition and
deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Cost estimates for program baselines and contract negotiations
for major defense acquisition and major automated information
system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the
Department of Defense to carry out certain prototype projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program;
pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.
Subtitle D--Contractor Matters
Sec. 831. Oversight and accountability of contractors performing private
security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or
deny award fees to companies found to jeopardize the health or
safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
Sec. 842. Department of Defense policy on acquisition and performance of
sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not
under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.
Subtitle F--Improve Acquisition Act
Sec. 860. Short title.
Part I--Defense Acquisition System
Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.
Part II--Defense Acquisition Workforce
Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.
Part III--Financial Management
Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.
Part IV--Industrial Base
Sec. 891. Expansion of the industrial base.
Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.
Subtitle A--Acquisition Policy and Management
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.
(a) In General.--Section 2320 of title 10, United States Code, is
amended--
(1) in subsection (c)(2)--
(A) by striking ``subsection (a), allowing'' and inserting
``subsection (a)--
``(A) allowing''; and
(B) by adding at the end the following new subparagraph:
``(B) allowing a covered litigation support contractor
access to and use of any technical, proprietary, or
confidential data delivered under a contract for the sole
purpose of providing litigation support to the Government in
the form of administrative, technical, or professional services
during or in anticipation of litigation; or''; and
(2) by inserting after subsection (f) the following:
``(g) In this section, the term `covered litigation support
contractor' means a contractor (including an expert or technical
consultant) under contract with the Department of Defense to provide
litigation support, which contractor executes a contract with the
Government agreeing to and acknowledging--
``(1) that proprietary or nonpublic technical data furnished
will be accessed and used only for the purposes stated in that
contract;
``(2) that the covered litigation support contractor will take
all reasonable steps to protect the proprietary and nonpublic
nature of the technical data furnished to the covered litigation
support contractor; and
``(3) that such technical data provided to the covered
litigation support contractor under the authority of this section
shall not be used by the covered litigation support contractor to
compete against the third party for Government or non-Government
contracts.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 120 days after the date of the
enactment of this Act.
SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND PROCUREMENT PROGRAM
AS MAJOR SUBPROGRAM.
(a) Designation as Major Subprogram.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
designate an engine development and procurement program as a major
subprogram of the F-35 Lightning II aircraft major defense acquisition
program, in accordance with section 2430a of title 10, United States
Code.
(b) Original Baseline.--For purposes of reporting requirements
referred to in section 2430a(b) of title 10, United States Code, for
the major subprogram designated under subsection (a), the Secretary
shall use the Milestone B decision as the original baseline for the
subprogram.
(c) Actions Following Critical Cost Growth.--
(1) In general.--Subject to paragraph (2), to the extent that
the Secretary elects to restructure the Lightning II aircraft major
defense acquisition program subsequent to a reassessment and
actions required by subsections (a) and (c) of section 2433a of
title 10, United States Code, during fiscal year 2010, and also
conducts such reassessment and actions with respect to an F-35
engine development and procurement program (including related
reporting based on the original baseline as defined in subsection
(c)), the requirements of section 2433a of such title with respect
to a major subprogram designated under subsection (a) shall be
considered to be met with respect to the major subprogram.
(2) Limitation.--Actions taken in accordance with paragraph (1)
shall be considered to meet the requirements of section 2433a of
title 10, United States Code, with respect to a major subprogram
designated under subsection (a) only to the extent that designation
as a major subprogram would require the Secretary of Defense to
conduct a reassessment and take actions pursuant to such section
2433a for such a subprogram upon enactment of this Act. The
requirements of such section 2433a shall not be considered to be
met with respect to such a subprogram in the event that additional
programmatic changes, following the date of the enactment of this
Act, cause the program acquisition unit cost or procurement unit
cost of such a subprogram to increase by a percentage equal to or
greater than the critical cost growth threshold (as defined in
section 2433(a)(5) of such title) for the subprogram.
SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND
TO COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION AND
DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.
(a) Requirement To Establish Procedures.--Subsection (a) of section
806 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (10 U.S.C. 2302 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``items'' and inserting ``supplies''; and
(2) by striking paragraph (1) and inserting the following new
paragraph (1):
``(1)(A) currently under development by the Department of
Defense or available from the commercial sector; or
``(B) require only minor modifications to supplies described in
subparagraph (A); and''.
(b) Issues To Be Addressed.--Subsection (b) of such section is
amended--
(1) in paragraph (1)(B), by striking ``items'' and inserting
``supplies''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``items'' and inserting ``supplies'';
(B) in subparagraphs (A) and (B), by striking ``an item''
and inserting ``the supplies''; and
(C) in subparagraph (C), by inserting ``and utilization''
after ``deployment''.
(c) Response to Combat Emergencies.--Subsection (c) of such section
is amended--
(1) by striking ``equipment'' each place it appears other than
paragraph (5) and inserting ``supplies'';
(2) by striking ``combat capability'' each place it appears;
(3) by striking ``that has resulted in combat fatalities'' each
place it appears and inserting ``that has resulted in combat
casualties, or is likely to result in combat casualties'';
(4) in paragraph (1), by striking ``is'' and inserting ``are'';
(5) in paragraph (2)--
(A) in subparagraph (A), by striking ``is'' each place it
appears and inserting ``are''; and
(B) in subparagraph (B), by striking ``fatalities'' at the
end and inserting ``casualties'';
(6) by amending paragraph (3) to read as follows:
``(3) In any fiscal year in which the Secretary makes a
determination described in paragraph (1), the Secretary may use any
funds available to the Department of Defense for that fiscal year for
acquisitions of supplies under this section if the determination
includes a written finding that the use of such funds is necessary to
address the combat capability deficiency in a timely manner. The
authority of this section may not be used to acquire supplies in an
amount aggregating more than $200,000,000 during any such fiscal
year.'';
(7) in paragraph (4)--
(A) by inserting ``, in consultation with the Director of
the Office of Management and Budget,'' after ``shall''; and
(B) by striking ``Each such notice'' and inserting ``For
each such determination, the notice under the preceding
sentence''; and
(8) in paragraph (5), by striking ``that equipment'' and
inserting ``the supplies concerned''.
(d) Waiver of Certain Statues and Regulations.--Subsection (d)(1)
of such section is amended by striking ``equipment'' in subparagraphs
(A), (B), and (C) and inserting ``supplies''.
(e) Testing Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``an item'' and inserting ``the supplies''; and
(B) in subparagraph (B), by striking ``of the item'' and
all that follows through ``requirements document'' and
inserting ``of the supplies in meeting the original
requirements for the supplies (as stated in a statement of the
urgent operational need'';
(2) in paragraph (2)--
(A) by striking ``an item'' and inserting ``supplies''; and
(B) by striking ``the item'' and inserting ``the
supplies''; and
(3) in paragraph (3), by striking ``items'' each place it
appears and inserting ``supplies''.
(f) Limitation.--Subsection (f) of such section is amended to read
as follows:
``(f) Limitation.--In the case of supplies that are part of a major
system for which a low-rate initial production quantity determination
has been made pursuant to section 2400 of title 10, United States Code,
the quantity of such supplies acquired using the procedures prescribed
pursuant to this section may not exceed an amount consistent with
complying with limitations on the quantity of articles approved for
low-rate initial production for such system. Any such supplies shall be
included in any relevant calculation of quantities for low-rate initial
production for the system concerned.''.
SEC. 804. REVIEW OF ACQUISITION PROCESS FOR RAPID FIELDING OF
CAPABILITIES IN RESPONSE TO URGENT OPERATIONAL NEEDS.
(a) Review of Rapid Acquisition Process Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall complete a
review of the process for the fielding of capabilities in response
to urgent operational needs and submit a report on the review to
the congressional defense committees.
(2) Review and report requirements.--The review pursuant to
this section shall include consideration of various improvements to
the acquisition process for rapid fielding of capabilities in
response to urgent operational needs. For each improvement, the
report on the review shall discuss--
(A) the Department's review of the improvement;
(B) if the improvement is being implemented by the
Department, a schedule for implementing the improvement; and
(C) if the improvement is not being implemented by the
Department, an explanation of why the improvement is not being
implemented.
(3) Improvements to be considered.--The improvements that shall
be considered during the review are the following:
(A) Providing a streamlined, expedited, and tightly
integrated iterative approach to--
(i) the identification and validation of urgent
operational needs;
(ii) the analysis of alternatives and identification of
preferred solutions;
(iii) the development and approval of appropriate
requirements and acquisition documents;
(iv) the identification and minimization of
development, integration, and manufacturing risks;
(v) the consideration of operation and sustainment
costs;
(vi) the allocation of appropriate funding; and
(vii) the rapid production and delivery of required
capabilities.
(B) Clearly defining the roles and responsibilities of the
Office of the Secretary of Defense, the Joint Chiefs of Staff,
the military departments, and other components of the
Department of Defense for carrying out all phases of the
process.
(C) Designating a senior official within the Office of the
Secretary of Defense with primary responsibility for making
recommendations to the Secretary on the use of the authority
provided by subsections (c) and (d) of section 806 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(10 U.S.C. 2302 note), as amended by section 803 of this Act,
in appropriate circumstances.
(D) Establishing a target date for the fielding of a
capability pursuant to each validated urgent operational need.
(E) Implementing a system for--
(i) documenting key process milestones, such as
funding, acquisition, fielding, and assessment decisions
and actions; and
(ii) tracking the cost, schedule, and performance of
acquisitions conducted pursuant to the process.
(F) Establishing a formal feedback mechanism for the
commanders of the combatant commands to provide information to
the Joint Chiefs of Staff and senior acquisition officials on
how well fielded solutions are meeting urgent operational
needs.
(G) Establishing a dedicated source of funding for the
rapid fielding of capabilities in response to urgent
operational needs.
(H) Issuing guidance to provide for the appropriate
transition of capabilities acquired through rapid fielding into
the traditional budget, requirements, and acquisition process
for purposes of contracts for follow-on production,
sustainment, and logistics support.
(I) Such other improvements as the Secretary considers
appropriate.
(b) Discriminating Urgent Operational Needs From Traditional
Requirements.--
(1) Expedited review process.--Not later than 270 days after
the date of the enactment of this Act, the Secretary shall develop
and implement an expedited review process to determine whether
capabilities proposed as urgent operational needs are appropriate
for fielding through the process for the rapid fielding of
capabilities or should be fielded through the traditional
acquisition process.
(2) Elements.--The review process developed and implemented
pursuant to paragraph (1) shall--
(A) apply to the rapid fielding of capabilities in response
to joint urgent operational need statements and to other urgent
operational needs statements generated by the military
departments and the combatant commands;
(B) identify officials responsible for making
determinations described in paragraph (1);
(C) establish appropriate time periods for making such
determinations;
(D) set forth standards and criteria for making such
determinations based on considerations of urgency, risk, and
life-cycle management;
(E) establish appropriate thresholds for the applicability
of the review process, or of elements of the review process;
and
(F) authorize appropriate officials to make exceptions from
standards and criteria established under subparagraph (D) in
exceptional circumstances.
(3) Covered capabilities.--The review process developed and
implemented pursuant to paragraph (1) shall provide that, subject
to such exceptions as the Secretary considers appropriate for
purposes of this section, the acquisition process for rapid
fielding of capabilities in response to urgent operational needs is
appropriate only for capabilities that--
(A) can be fielded within a period of two to 24 months;
(B) do not require substantial development effort;
(C) are based on technologies that are proven and
available; and
(D) can appropriately be acquired under fixed price
contracts.
(4) Inclusion in report.--The Secretary shall include a
description of the expedited review process implemented pursuant to
paragraph (1) in the report required by subsection (a).
SEC. 805. ACQUISITION OF MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.
(a) Program To Improve Information Technology Processes.--
(1) In general.--Chapter 131 of title 10, United States Code,
is amended by inserting after section 2223 the following new
section:
``Sec. 2223a. Information technology acquisition planning and oversight
requirements
``(a) Establishment of Program.--The Secretary of Defense shall
establish a program to improve the planning and oversight processes for
the acquisition of major automated information systems by the
Department of Defense.
``(b) Program Components.--The program established under subsection
(a) shall include--
``(1) a documented process for information technology
acquisition planning, requirements development and management,
project management and oversight, earned value management, and risk
management;
``(2) the development of appropriate metrics that can be
implemented and monitored on a real-time basis for performance
measurement of--
``(A) processes and development status of investments in
major automated information system programs;
``(B) continuous process improvement of such programs; and
``(C) achievement of program and investment outcomes;
``(3) a process to ensure that key program personnel have an
appropriate level of experience, training, and education in the
planning, acquisition, execution, management, and oversight of
information technology systems;
``(4) a process to ensure sufficient resources and
infrastructure capacity for test and evaluation of information
technology systems;
``(5) a process to ensure that military departments and Defense
Agencies adhere to established processes and requirements relating
to the planning, acquisition, execution, management, and oversight
of information technology programs and developments; and
``(6) a process under which an appropriate Department of
Defense official may intervene or terminate the funding of an
information technology investment if the investment is at risk of
not achieving major project milestones.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 131 of such title is amended by inserting after the item
relating to section 2223 the following new item:
``2223a. Information technology acquisition planning and oversight
requirements.''.
(b) Annual Report to Congress.--Section 2445b(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(5) For each major automated information system program for
which such information has not been provided in a previous annual
report--
``(A) a description of the business case analysis (if any)
that has been prepared for the program and key functional
requirements for the program;
``(B) a description of the analysis of alternatives
conducted with regard to the program;
``(C) an assessment of the extent to which the program, or
portions of the program, have technical requirements of
sufficient clarity that the program, or portions of the
program, may be feasibly procured under firm, fixed-price
contracts;
``(D) the most recent independent cost estimate or cost
analysis for the program provided by the Director of Cost
Assessment and Program Evaluation in accordance with section
2334(a)(6) of this title;
``(E) a certification by a Department of Defense
acquisition official with responsibility for the program that
all technical and business requirements have been reviewed and
validated to ensure alignment with the business case; and
``(F) an explanation of the basis for the certification
described in subparagraph (E).
``(6) For each major automated information system program for
which the information required under paragraph (5) has been
provided in a previous annual report, a summary of any significant
changes to the information previously provided.''.
SEC. 806. REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN
RISK.
(a) Authority.--Subject to subsection (b), the head of a covered
agency may--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in whole
or in part, the disclosure of information relating to the basis for
carrying out a covered procurement action.
(b) Determination and Notification.--The head of a covered agency
may exercise the authority provided in subsection (a) only after--
(1) obtaining a joint recommendation by the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Chief
Information Officer of the Department of Defense, on the basis of a
risk assessment by the Under Secretary of Defense for Intelligence,
that there is a significant supply chain risk to a covered system;
(2) making a determination in writing, in unclassified or
classified form, with the concurrence of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, that--
(A) use of the authority in subsection (a)(1) is necessary
to protect national security by reducing supply chain risk;
(B) less intrusive measures are not reasonably available to
reduce such supply chain risk; and
(C) in a case where the head of the covered agency plans to
limit disclosure of information under subsection (a)(2), the
risk to national security due to the disclosure of such
information outweighs the risk due to not disclosing such
information; and
(3) providing a classified or unclassified notice of the
determination made under paragraph (2) to the appropriate
congressional committees, which notice shall include--
(A) the information required by section 2304(f)(3) of title
10, United States Code;
(B) the joint recommendation by the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense as
specified in paragraph (1);
(C) a summary of the risk assessment by the Under Secretary
of Defense for Intelligence that serves as the basis for the
joint recommendation specified in paragraph (1); and
(D) a summary of the basis for the determination, including
a discussion of less intrusive measures that were considered
and why they were not reasonably available to reduce supply
chain risk.
(c) Delegation.--The head of a covered agency may not delegate the
authority provided in subsection (a) or the responsibility to make a
determination under subsection (b) to an official below the level of
the service acquisition executive for the agency concerned.
(d) Limitation on Disclosure.--If the head of a covered agency has
exercised the authority provided in subsection (a)(2) to limit
disclosure of information--
(1) no action undertaken by the agency head under such
authority shall be subject to review in a bid protest before the
Government Accountability Office or in any Federal court; and
(2) the agency head shall--
(A) notify appropriate parties of a covered procurement
action and the basis for such action only to the extent
necessary to effectuate the covered procurement action;
(B) notify other Department of Defense components or other
Federal agencies responsible for procurements that may be
subject to the same or similar supply chain risk, in a manner
and to the extent consistent with the requirements of national
security; and
(C) ensure the confidentiality of any such notifications.
(e) Definitions.--In this section:
(1) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(2) Covered procurement action.--The term ``covered procurement
action'' means any of the following actions, if the action takes
place in the course of conducting a covered procurement:
(A) The exclusion of a source that fails to meet
qualification standards established in accordance with the
requirements of section 2319 of title 10, United States Code,
for the purpose of reducing supply chain risk in the
acquisition of covered systems.
(B) The exclusion of a source that fails to achieve an
acceptable rating with regard to an evaluation factor providing
for the consideration of supply chain risk in the evaluation of
proposals for the award of a contract or the issuance of a task
or delivery order.
(C) The decision to withhold consent for a contractor to
subcontract with a particular source or to direct a contractor
for a covered system to exclude a particular source from
consideration for a subcontract under the contract.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a covered
item of supply involving either a performance specification, as
provided in section 2305(a)(1)(C)(ii) of title 10, United
States Code, or an evaluation factor, as provided in section
2305(a)(2)(A) of such title, relating to supply chain risk;
(B) the consideration of proposals for and issuance of a
task or delivery order for a covered system or a covered item
of supply, as provided in section 2304c(d)(3) of title 10,
United States Code, where the task or delivery order contract
concerned includes a contract clause establishing a requirement
relating to supply chain risk; or
(C) any contract action involving a contract for a covered
system or a covered item of supply where such contract includes
a clause establishing requirements relating to supply chain
risk.
(4) Supply chain risk.--The term ``supply chain risk'' means
the risk that an adversary may sabotage, maliciously introduce
unwanted function, or otherwise subvert the design, integrity,
manufacturing, production, distribution, installation, operation,
or maintenance of a covered system so as to surveil, deny, disrupt,
or otherwise degrade the function, use, or operation of such
system.
(5) Covered system.--The term ``covered system'' means a
national security system, as that term is defined in section
3542(b) of title 44, United States Code.
(6) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that term is
defined in section 11101 of title 40, United States Code) that is
purchased for inclusion in a covered system, and the loss of
integrity of which could result in a supply chain risk for a
covered system.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the case of a covered system included in the
National Intelligence Program or the Military Intelligence
Program, the Select Committee on Intelligence of the Senate,
the Permanent Select Committee on Intelligence of the House of
Representatives, and the congressional defense committees; and
(B) in the case of a covered system not otherwise included
in subparagraph (A), the congressional defense committees.
(f) Effective Date.--The requirements of this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act and shall apply to--
(1) contracts that are awarded on or after such date; and
(2) task and delivery orders that are issued on or after such
date pursuant to contracts that awarded before, on, or after such
date.
(g) Sunset.--The authority provided in this section shall expire on
the date that is three years after the date of the enactment of this
Act.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT
NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION AND MAJOR AUTOMATED
INFORMATION SYSTEM PROGRAMS.
Section 2334 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``paragraph (2)'' and inserting
``paragraph (3)''; and
(ii) by striking ``, the rationale for selecting such
confidence level, and, if such confidence level is less
than 80 percent, the justification for selecting a
confidence level of less than 80 percent; and'' and
inserting ``and the rationale for selecting such confidence
level;'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) ensure that such confidence level provides a high degree
of confidence that the program can be completed without the need
for significant adjustment to program budgets; and'';
(2) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Estimates for Program Baseline and Analyses and Targets for
Contract Negotiation Purposes.--(1) The policies, procedures, and
guidance issued by the Director of Cost Assessment and Program
Evaluation in accordance with the requirements of subsection (a) shall
provide that--
``(A) cost estimates developed for baseline descriptions and
other program purposes conducted pursuant to subsection (a)(6) are
not to be used for the purpose of contract negotiations or the
obligation of funds; and
``(B) cost analyses and targets developed for the purpose of
contract negotiations and the obligation of funds are based on the
Government's reasonable expectation of successful contractor
performance in accordance with the contractor's proposal and
previous experience.
``(2) The Program Manager and contracting officer for each major
defense acquisition program and major automated information system
program shall ensure that cost analyses and targets developed for the
purpose of contract negotiations and the obligation of funds are
carried out in accordance with the requirements of paragraph (1) and
the policies, procedures, and guidance issued by the Director of Cost
Assessment and Program Evaluation.
``(3) Funds that are made available for a major defense acquisition
program or major automated information system program in accordance
with a cost estimate conducted pursuant to subsection (a)(6), but are
excess to a cost analysis or target developed pursuant to paragraph
(2), shall remain available for obligation in accordance with the terms
of applicable authorization and appropriations Acts.
``(4) Funds described in paragraph (3)--
``(A) may be used--
``(i) to cover any increased program costs identified by a
revised cost analysis or target developed pursuant to paragraph
(2);
``(ii) to acquire additional end items in accordance with
the requirements of section 2308 of this title; or
``(iii) to cover the cost of risk reduction and process
improvements; and
``(B) may be reprogrammed, in accordance with established
procedures, only if determined to be excess to program needs on the
basis of a cost estimate developed with the concurrence of the
Director of Cost Assessment and Program Evaluation.''.
SEC. 812. MANAGEMENT OF MANUFACTURING RISK IN MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
comprehensive guidance on the management of manufacturing risk in major
defense acquisition programs.
(b) Elements.--The guidance issued under subsection (a) shall, at a
minimum--
(1) require the use of manufacturing readiness levels as a
basis for measuring, assessing, reporting, and communicating
manufacturing readiness and risk on major defense acquisition
programs throughout the Department of Defense;
(2) provide guidance on the definition of manufacturing
readiness levels and how manufacturing readiness levels should be
used to assess manufacturing risk and readiness in major defense
acquisition programs;
(3) specify manufacturing readiness levels that should be
achieved at key milestones and decision points for major defense
acquisition programs;
(4) identify tools and models that may be used to assess,
manage, and reduce risks that are identified in the course of
manufacturing readiness assessments for major defense acquisition
programs; and
(5) require appropriate consideration of the manufacturing
readiness and manufacturing readiness processes of potential
contractors and subcontractors as a part of the source selection
process for major defense acquisition programs.
(c) Manufacturing Readiness Expertise.--The Secretary shall ensure
that--
(1) the acquisition workforce chapter of the annual strategic
workforce plan required by section 115b of title 10, United States
Code, includes an assessment of the critical manufacturing
readiness knowledge and skills needed in the acquisition workforce
and a plan of action for addressing any gaps in such knowledge and
skills; and
(2) the need of the Department for manufacturing readiness
knowledge and skills is given appropriate consideration, comparable
to the consideration given to other program management functions,
as the Department identifies areas of need for funding through the
Defense Acquisition Workforce Development Fund established in
accordance with the requirements of section 1705 of title 10,
United States Code.
(d) Major Defense Acquisition Program Defined.--In this section,
the term ``major defense acquisition program'' has the meaning given
that term in section 2430(a) of title 10, United States Code.
SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE WEAPON
SYSTEM ACQUISITION REFORM ACT OF 2009.
(a) Extension of Reporting Requirements.--Section 102(b) of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1714; 10 U.S.C. 2430 note) is amended--
(1) in paragraph (2), by inserting ``, and not later than
February 15 of each year from 2011 through 2014'' after ``Not later
than 180 days after the date of the enactment of this Act''; and
(2) in paragraph (3), by striking ``The first annual report''
and inserting ``Each annual report from 2010 through 2014''.
(b) Clarification That Prototypes May Be Acquired From Commercial,
Government, or Academic Sources.--Paragraph (4) of section 203(a) of
the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23;
123 Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:
``(4) That prototypes--
``(A) may be required under paragraph (1) or (3) for the
system to be acquired or, if prototyping of the system is not
feasible, for critical subsystems of the system; and
``(B) may be acquired from commercial, government, or
academic sources.''.
(c) Clarification That Certifications Are Not Required for Major
Defense Acquisition Programs Following Milestone C Approval.--Section
204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123
Stat. 1724) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) has not yet achieved a Milestone C approval.''.
(d) Clarification That Certain Milestone B Certification Criteria
May Be Waived.--
(1) Waiver authority.--Effective as of May 22, 2009, section
2366b(d) of title 10, United States Code, as amended by section
205(a)(1) of the Weapon Systems Acquisition Reform Act of 2009 (123
Stat. 1724), is amended--
(A) in paragraph (1), by striking ``specified in paragraph
(1) or (2) of subsection (a)'' and inserting ``specified in
paragraph (1), (2), or (3) of subsection (a)''; and
(B) in paragraph (2), by striking ``specified in paragraphs
(1) and (2) of subsection (a)'' and inserting ``specified in
paragraphs (1), (2), and (3) of subsection (a)''.
(2) Determination regarding satisfaction of certification
components.--Effective as of May 22, 2009, and as if included
therein as enacted, section 205(b)(1) of the Weapon Systems
Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) is amended by
striking ``certification components specified in paragraphs (1) and
(2) of subsection (a) of section 2366b of title 10, United States
Code'' and inserting ``certification components specified in
paragraphs (1), (2), and (3) of subsection (a) of section 2366b of
title 10, United States Code''.
(e) Correction to Reference.--Effective as of May 22, 2009, and as
if included therein as enacted, section 205(c) of the Weapon Systems
Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) is amended by
striking ``section 2433a(c)(3)'' and inserting ``section
2433a(c)(1)(C)''.
SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE
ACQUISITION PROGRAMS UNDER VARIOUS ACQUISITION-RELATED
REQUIREMENTS.
(a) Reporting Requirements.--Section 2430a(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting ``(1)'' before ``If the Secretary'';
(3) in subparagraph (A), as so redesignated, by inserting
``(other than as provided in paragraph (2))'' before the semicolon;
and
(4) by adding at the end the following new paragraph:
``(2) For a major defense acquisition program for which a
designation of a major subprogram has been made under subsection (a),
unit costs under this chapter shall be submitted in accordance with the
definitions in subsection (d).''.
(b) Milestone A Approval Certification Requirements.--Section 2366a
of such title is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``a major defense
acquisition program certified by the Milestone Decision
Authority under subsection (a), if the projected cost of the
program'' and inserting ``a major defense acquisition program
certified by the Milestone Decision Authority under subsection
(a) or a designated major subprogram of such program, if the
projected cost of the program or subprogram''; and
(B) in paragraph (2), by inserting ``or designated major
subprogram'' after ``major defense acquisition program''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program designated under
section 2430a(a)(1) of this title.''.
(c) Milestone B Approval Certification Requirements.--Section 2366b
of such title is amended--
(1) in subsection (b)(1)--
(A) by striking ``any changes to the program'' and
inserting ``any changes to the program or a designated major
subprogram of such program''; and
(B) in subparagraph (B), by striking ``otherwise cause the
program'' and inserting ``otherwise cause the program or
subprogram''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program designated under
section 2430a(a)(1) of this title.''.
(d) Conforming Amendments to Section 2399.--Subsection (a) of
section 2399 of such title is amended to read as follows:
``(a) Condition for Proceeding Beyond Low-rate Initial
Production.--(1) The Secretary of Defense shall provide that a covered
major defense acquisition program or a covered designated major
subprogram may not proceed beyond low-rate initial production until
initial operational test and evaluation of the program or subprogram is
completed.
``(2) In this subsection:
``(A) The term `covered major defense acquisition program'
means a major defense acquisition program that involves the
acquisition of a weapon system that is a major system within the
meaning of that term in section 2302(5) of this title.
``(B) The term `covered designated major subprogram' means a
major subprogram designated under section 2430a(a)(1) of this title
that is a major subprogram of a covered major defense acquisition
program.''.
(e) Conforming Amendments to Section 2434.--Section 2434(a) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense'';
and
(2) by adding at the end the following new paragraph:
``(2) The provisions of this section shall apply to any major
subprogram of a major defense acquisition program (as designated under
section 2430a(a)(1) of this title) in the same manner as those
provisions apply to a major defense acquisition program, and any
reference in this section to a program shall be treated as including
such a subprogram.''.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR
PRODUCTION OF MILITARY UNIFORMS.
(a) Extension.--Section 829 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C.
2533a note) is amended in subsection (f) by striking ``on the date that
is five years after the date of the enactment of this Act'' and
inserting ``on January 1, 2015''.
(b) Prohibition on Specification in Solicitations.--No solicitation
issued before January 1, 2015, by the Department of Defense may include
a requirement that proposals submitted pursuant to such solicitation
must include the use of fire resistant rayon fiber.
(c) Report Required.--
(1) In general.--Not later than March 15, 2011, the Comptroller
General of the United States shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the supply chain for fire resistant fiber for the
production of military uniforms.
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, an analysis of the following:
(A) The current and anticipated sources of fire resistant
rayon fiber for the production of military uniforms.
(B) The extent to which fire resistant rayon fiber has
unique properties that provide advantages for the production of
military uniforms.
(C) The extent to which the efficient procurement of fire
resistant rayon fiber for the production of military uniforms
is impeded by existing statutory or regulatory requirements.
(D) The actions the Department of Defense has taken to
identify alternatives to fire resistant rayon fiber for the
production of military uniforms.
(E) The extent to which such alternatives provide an
adequate substitute for fire resistant rayon fiber for the
production of military uniforms.
(F) The impediments to the use of such alternatives, and
the actions the Department has taken to overcome such
impediments.
(G) The extent to which uncertainty regarding the future
availability of fire resistant rayon fiber results in
instability or inefficiency for elements of the United States
textile industry that use fire resistant rayon fiber, and the
extent to which that instability or inefficiency results in
less efficient business practices, impedes investment and
innovation, and thereby results or may result in higher costs,
delayed delivery, or a lower quality of product delivered to
the Government.
(H) The extent to which any modifications to existing law
or regulation may be necessary to ensure the efficient
acquisition of fire resistant fiber or alternative fire
resistant products for the production of military uniforms.
SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PROCUREMENTS FROM FIRMS
IN THE SMALL ARMS PRODUCTION INDUSTRIAL BASE.
(a) Repeal.--Section 2473 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by striking the item relating to
section 2473.
SEC. 823. REVIEW OF REGULATORY DEFINITION RELATING TO PRODUCTION OF
SPECIALTY METALS.
(a) Review Required.--The Secretary of Defense shall review the
regulations specified in subsection (b) to ensure that the definition
of the term ``produce'' in such regulations complies with the
requirements of section 2533b of title 10, United States Code. In
carrying out the review, the Secretary shall seek public comment,
consider congressional intent, and revise the regulations as the
Secretary considers necessary and appropriate.
(b) Regulations Specified.--The regulations referred to in
subsection (a) are any portion of subpart 252.2 of the defense
supplement to the Federal Acquisition Regulation that includes a
definition of the term ``produce'' for purposes of implementing section
2533b of title 10, United States Code.
(c) Completion of Review.--The Secretary shall complete the review
required by subsection (a) and any necessary and appropriate revisions
to the defense supplement to the Federal Acquisition Regulation not
later than 270 days after the date of the enactment of this Act.
SEC. 824. GUIDANCE RELATING TO RIGHTS IN TECHNICAL DATA.
(a) Review of Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall review
guidance issued by the military departments on the implementation of
section 2320(e) of title 10, United States Code, to ensure that such
guidance is consistent with the guidance issued by the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
requirements of this section. Such guidance shall be designed to ensure
that the United States--
(1) preserves the option of competition for contracts for the
production and sustainment of systems or subsystems that are
developed exclusively with Federal funds as defined in accordance
with the amendments made by this section; and
(2) is not required to pay more than once for the same
technical data.
(b) Rights in Technical Data.--Section 2320(a) of title 10, United
States Code, is amended--
(1) in paragraph (2)(F)(i)--
(A) by redesignating subclauses (I) and (II) as subclauses
(II) and (III), respectively; and
(B) by inserting before subclause (II), as so redesignated,
the following new subclause (I):
``(I) rights in technical data described in
subparagraph (A) for which a use or release restriction has
been erroneously asserted by a contractor or
subcontractor;''; and
(2) in paragraph (3), by striking ``for the purposes of
definitions under this paragraph'' and inserting ``for the purposes
of paragraph (2)(B), but shall be considered to be Federal funds
for the purposes of paragraph (2)(A)''.
(c) Validation of Proprietary Data Restrictions.--Section
2321(d)(2) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``A challenge'' and
inserting ``Except as provided in subparagraph (C), a challenge'';
and
(2) by adding at the end the following new subparagraph (C):
``(C) The limitation in this paragraph shall not apply to a case in
which the Secretary finds that reasonable grounds exist to believe that
a contractor or subcontractor has erroneously asserted a use or release
restriction with regard to technical data described in section
2320(a)(2)(A) of this title.''.
SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK AND
DELIVERY ORDER CONTRACTS.
Paragraph (3) of section 2304c(e) of title 10, United States Code,
is amended to read as follows:
``(3) Paragraph (1)(B) and paragraph (2) of this subsection shall
not be in effect after September 30, 2016.''.
SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY
OF THE DEPARTMENT OF DEFENSE TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``(including all
options)'' after ``not in excess of $100,000,000''; and
(B) in subparagraph (B), by inserting ``(including all
options)'' after ``in excess of $100,000,000''; and
(2) in subsection (e)(3)(A), by inserting ``(including all
options)'' after ``does not exceed $50,000,000''.
SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM; PILOT EXPANSION OF PROGRAM.
(a) Permanent Authority.--Section 2359b of title 10, United States
Code, is amended--
(1) by striking subsections (j) and (k); and
(2) by redesignating subsection (l) as subsection (j).
(b) Pilot Program.--Section 2359b of title 10, United States Code,
as amended by subsection (a), is further amended by adding at the end
the following new subsection (k):
``(k) Pilot Program for Programs Other Than Major Defense
Acquisition Programs.--
``(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall carry out a pilot
program to expand the use of the authority provided in this section
to provide opportunities for the introduction of innovative and
cost-saving approaches to programs other than major defense
acquisition programs through the submission, review, and
implementation, where appropriate, of qualifying proposals.
``(2) Qualifying proposals.--For purposes of this subsection, a
qualifying proposal is an offer to supply a nondevelopmental item
that--
``(A) is evaluated as achieving a level of performance that
is at least equal to the level of performance of an item being
procured under a covered acquisition program and as providing
savings in excess of 15 percent after considering all costs to
the Government of implementing such proposal; or
``(B) is evaluated as achieving a level of performance that
is significantly better than the level of performance of an
item being procured under a covered acquisition program without
any increase in cost to the Government.
``(3) Review procedures.--The Under Secretary shall adopt
modifications as may be needed to the procedures applicable to the
Challenge Program to provide for Department of Defense review of,
and action on, qualifying proposals. Such procedures shall include,
at a minimum, the issuance of a broad agency announcement inviting
interested parties to submit qualifying proposals in areas of
interest to the Department.
``(4) Definitions.--In this subsection:
``(A) Nondevelopmental item.--The term `nondevelopmental
item' has the meaning given that term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).
``(B) Covered acquisition program.--The term `covered
acquisition program' means any acquisition program of the
Department of Defense other than a major defense acquisition
program, but does not include any contract awarded under an
exception to competitive acquisition authorized by the Small
Business Act (15 U.S.C. 631 et seq.)
``(C) Level of performance.--The term `level of
performance', with respect to a nondevelopmental item, means
the extent to which the item demonstrates required item
functional characteristics.
``(5) Sunset.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is five
years after the date of the enactment of this Act.''.
SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Competition Requirements for Task or Delivery Orders Under
Energy Savings Performance Contracts.--Section 801 of the National
Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at
the end the following:
``(c) Task or Delivery Orders.--(1) The head of a Federal agency
may issue a task or delivery order under an energy savings performance
contract by--
``(A) notifying all contractors that have received an award
under such contract that the agency proposes to discuss energy
savings performance services for some or all of its facilities and,
following a reasonable period of time to provide a proposal in
response to the notice, soliciting from such contractors the
submission of expressions of interest in, and contractor
qualifications for, performing site surveys or investigations and
feasibility designs and studies, and including in the notice
summary information concerning energy use for any facilities that
the agency has specific interest in including in such task or
delivery order;
``(B) reviewing all expressions of interest and qualifications
submitted pursuant to the notice under subparagraph (A);
``(C) selecting two or more contractors (from among those
reviewed under subparagraph (B)) to conduct discussions concerning
the contractors' respective qualifications to implement potential
energy conservation measures, including--
``(i) requesting references and specific detailed examples
with respect to similar efforts and the resulting energy
savings of such similar efforts; and
``(ii) requesting an explanation of how such similar
efforts relate to the scope and content of the task or delivery
order concerned;
``(D) selecting and authorizing--
``(i) more than one contractor (from among those selected
under subparagraph (C)) to conduct site surveys,
investigations, feasibility designs and studies, or similar
assessments for the energy savings performance contract
services (or for discrete portions of such services), for the
purpose of allowing each such contractor to submit a firm,
fixed-price proposal to implement specific energy conservation
measures; or
``(ii) one contractor (from among those selected under
subparagraph (C)) to conduct a site survey, investigation,
feasibility design and study, or similar assessment for the
purpose of allowing the contractor to submit a firm, fixed-
price proposal to implement specific energy conservation
measures;
``(E) providing a debriefing to any contractor not selected
under subparagraph (D);
``(F) negotiating a task or delivery order for energy savings
performance contracting services with the contractor or contractors
selected under subparagraph (D) based on the energy conservation
measures identified; and
``(G) issuing a task or delivery order for energy savings
performance contracting services to such contractor or contractors.
``(2) The issuance of a task or delivery order for energy savings
performance contracting services pursuant to paragraph (1) is deemed to
satisfy the task and delivery order competition requirements in section
2304c(d) of title 10, United States Code, and section 303J(d) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253j(d)).
``(3) The Secretary may issue guidance as necessary to agencies
issuing task or delivery orders pursuant to paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) is
inapplicable to task or delivery orders issued before the date of
enactment of this Act.
SEC. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.
(a) Definitions.--Section 187 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `materials critical to national security' means
materials--
``(A) upon which the production or sustainment of military
equipment is dependent; and
``(B) the supply of which could be restricted by actions or
events outside the control of the Government of the United
States.
``(2) The term `military equipment' means equipment used
directly by the armed forces to carry out military operations.
``(3) The term `secure supply', with respect to a material,
means the availability of a source or sources for the material,
including the full supply chain for the material and components
containing the material.''.
(b) Amendment Relating to Duties.--Subsection (b) of section 187 of
such title is amended to read as follows:
``(b) Duties.--In addition to other matters assigned to it by the
Secretary of Defense, the Board shall--
``(1) determine the need to provide a long term secure supply
of materials designated as critical to national security to ensure
that national defense needs are met;
``(2) analyze the risk associated with each material designated
as critical to national security and the effect on national defense
that the nonavailability of such material would have;
``(3) recommend a strategy to the President to ensure a secure
supply of materials designated as critical to national security;
``(4) recommend such other strategies to the President as the
Board considers appropriate to strengthen the industrial base with
respect to materials critical to national security; and
``(5) publish not less frequently than once every two years in
the Federal Register recommendations regarding materials critical
to national security, including a list of specialty metals, if any,
recommended for addition to, or removal from, the definition of
`specialty metal' for purposes of section 2533b of this title.''.
Subtitle D--Contractor Matters
SEC. 831. OVERSIGHT AND ACCOUNTABILITY OF CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS.
(a) Enhancement of Oversight and Accountability.--Section 862 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``comply with
regulations'' and inserting ``ensure that the contractor and
all employees of the contractor or any subcontractor who are
responsible for performing private security functions under
such contract comply with regulations'';
(B) in subparagraph (B)--
(i) by striking ``comply with'' and all that follows
through ``in accordance with'' and inserting ``ensure that
the contractor and all employees of the contractor or any
subcontractor who are responsible for performing private
security functions under such contract comply with''; and
(ii) by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(D) ensure that the contract clause is included in
subcontracts awarded to any subcontractor at any tier who is
responsible for performing private security functions under the
contract.'';
(2) by redesignating subsections (c) and (d) as subsections (f)
and (g), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Oversight.--It shall be the responsibility of the head of the
contracting activity responsible for each covered contract to ensure
that the contracting activity takes appropriate steps to assign
sufficient oversight personnel to the contract to--
``(1) ensure that the contractor responsible for performing
private security functions under such contract comply with the
regulatory requirements prescribed pursuant to subsection (a) and
the contract requirements established pursuant to subsection (b);
and
``(2) make the determinations required by subsection (d).
``(d) Remedies.--The failure of a contractor under a covered
contract to comply with the requirements of the regulations prescribed
under subsection (a) or the contract clause inserted in a covered
contract pursuant to subsection (b), as determined by the contracting
officer for the covered contract--
``(1) shall be included in appropriate databases of past
performance and considered in any responsibility determination or
evaluation of the past performance of the contractor for the
purpose of a contract award decision, as provided in section 6(j)
of the Office of Federal Procurement Policy Act (41 U.S.C. 405(j));
``(2) in the case of an award fee contract--
``(A) shall be considered in any evaluation of contract
performance by the contractor for the relevant award fee
period; and
``(B) may be a basis for reducing or denying award fees for
such period, or for recovering all or part of award fees
previously paid for such period; and
``(3) in the case of a failure to comply that is severe,
prolonged, or repeated--
``(A) shall be referred to the suspension or debarment
official for the appropriate agency; and
``(B) may be a basis for suspension or debarment of the
contractor.
``(e) Rule of Construction.--The duty of a contractor under a
covered contract to comply with the requirements of the regulations
prescribed under subsection (a) and the contract clause inserted into a
covered contract pursuant to subsection (b), and the availability of
the remedies provided in subsection (d), shall not be reduced or
diminished by the failure of a higher or lower tier contractor under
such contract to comply with such requirements, or by a failure of the
contracting activity to provide the oversight required by subsection
(c).''.
(b) Revised Regulations and Contract Clause.--
(1) Deadline for regulations.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise the regulations prescribed pursuant to section 862 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note) to incorporate the requirements of
the amendments made by subsection (a).
(2) Commencement of applicability of revisions.--The revision
of regulations under paragraph (1) shall apply to the following:
(A) Any contract that is awarded on or after the date that
is 120 days after the date of the enactment of this Act.
(B) Any task or delivery order that is issued on or after
the date that is 120 days after the date of the enactment of
this Act pursuant to a contract that is awarded before, on, or
after the date that is 120 days after the date of the enactment
of this Act.
(3) Commencement of inclusion of contract clause.--A contract
clause that reflects the revision of regulations required by the
amendments made by subsection (a) shall be inserted, as required by
such section 862, into the following:
(A) Any contract described in paragraph (2)(A).
(B) Any task or delivery order described in paragraph
(2)(B).
SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS TO AREAS OF OTHER SIGNIFICANT MILITARY
OPERATIONS.
(a) Areas of Other Significant Military Operations.--Section 862 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note), as amended by section 831, is further
amended--
(1) by striking ``combat operations'' each place it appears and
inserting ``combat operations or other significant military
operations''; and
(2) in subsection (f), as redesignated by such section 831--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(B) in paragraph (1)--
(i) by inserting ``either'' after ``constituting''; and
(ii) by adding at the end the following: ``In making
designations under this paragraph, the Secretary shall
ensure that an area is not designated in whole or part as
both an area of combat operations and an area of other
significant military operations.''; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Other significant military operations.--For purposes of
this section, the term `other significant military operations'
means activities, other than combat operations, as part of an
overseas contingency operation that are carried out by United
States Armed Forces in an uncontrolled or unpredictable high-threat
environment where personnel performing security functions may be
called upon to use deadly force.''.
(b) Additional Areas Considered for Designation.--
(1) Determination required for certain areas.--Not later than
150 days after the date of the enactment of this Act, the Secretary
of Defense shall make a written determination for each of the
following areas regarding whether or not the area constitutes an
area of combat operations or an area of other significant military
operations for purposes of designation as such an area under
section 862 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note), as amended by
this section:
(A) The Horn of Africa region.
(B) Yemen.
(C) The Philippines.
(2) Submission to congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a copy of each
written determination under paragraph (1), together with an
explanation of the basis for such determination.
(c) Limitation and Exception.--Section 862 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
2302 note), as amended by subsection (a) and by section 831, is further
amended--
(1) by redesignating subsection (g), as redesignated by such
section 831, as subsection (h) and inserting after subsection (f)
the following new subsection (g):
``(g) Limitation.--With respect to an area of other significant
military operations, the requirements of this section shall apply only
upon agreement of the Secretary of Defense and the Secretary of State.
An agreement of the Secretaries under this subsection may be made only
on an area-by-area basis. With respect to an area of combat operations,
the requirements of this section shall always apply.''; and
(2) in subsection (h), as so redesignated--
(A) by striking the subsection designation and
``Exception.--'' and inserting the following:
``(h) Exceptions.--
``(1) Intelligence activities.--''; and
(B) by adding at the end the following new paragraph:
``(2) Nongovernmental organizations.--The requirements of this
section shall not apply to a nonprofit nongovernmental organization
receiving grants or cooperative agreements for activities conducted
within an area of other significant military operations if the
Secretary of Defense and the Secretary of State agree that such
organization may be exempted. An exemption may be granted by the
agreement of the Secretaries under this paragraph on an
organization-by-organization or area-by-area basis. Such an
exemption may not be granted with respect to an area of combat
operations.''.
(d) Report on Implementation.--Not later than 180 days after a
designation of an area as an area of combat operations or an area of
other significant military operations pursuant to subsection (b)(2),
the Secretary of Defense, in coordination with the Secretary of State,
shall submit to Congress a report on steps taken or planned to be taken
to implement the regulations prescribed under section 862 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note) in such area. In the case of any
agreement by the Secretaries to limit the applicability of such section
or exempt nongovernmental organizations from such section, pursuant to
subsections (g) or (h)(1) of such section (as added by subsection (c)),
the report shall document the basis for such agreement.
SEC. 833. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY
CONTRACTORS.
(a) Review of Third-Party Standards and Certification Processes.--
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) determine whether the private sector has developed--
(A) operational and business practice standards applicable
to private security contractors; and
(B) third-party certification processes for determining
whether private security contractors adhere to standards
described in subparagraph (A); and
(2) review any standards and processes identified pursuant to
paragraph (1) to determine whether the application of such
standards and processes will make a substantial contribution to the
successful performance of private security functions in areas of
combat operations or other significant military operations.
(b) Revised Regulations.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall revise the
regulations promulgated under section 862 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
2302 note) to ensure that such regulations--
(1) establish criteria for defining standard practices for the
performance of private security functions, which shall reflect
input from industry representatives as well as the Inspector
General of the Department of Defense; and
(2) establish criteria for weapons training programs for
contractors performing private security functions, including
minimum requirements for weapons training programs of instruction
and minimum qualifications for instructors for such programs.
(c) Inclusion of Third-Party Standards and Certifications in
Revised Regulations.--
(1) Standards.--If the Secretary determines that the
application of operational and business practice standards
identified pursuant to subsection (a)(1)(A) will make a substantial
contribution to the successful performance of private security
functions in areas of combat operations or other significant
military operations, the revised regulations promulgated pursuant
to subsection (b) shall incorporate a requirement to comply with
such standards, subject to such exceptions as the Secretary may
determine to be necessary.
(2) Certifications.--If the Secretary determines that the
application of a third-party certification process identified
pursuant to subsection (a)(1)(B) will make a substantial
contribution to the successful performance of private security
functions in areas of combat operations or other significant
military operations, the revised regulations promulgated pursuant
to subsection (b) may provide for the consideration of such
certifications as a factor in the evaluation of proposals for award
of a covered contract for the provision of private security
functions, subject to such exceptions as the Secretary may
determine to be necessary.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means--
(A) a contract of the Department of Defense for the
performance of services;
(B) a subcontract at any tier under such a contract; or
(C) a task order or delivery order issued under such a
contract or subcontract.
(2) Contractor.--The term ``contractor'' means, with respect to
a covered contract, the contractor or subcontractor carrying out
the covered contract.
(3) Private security functions.--The term ``private security
functions'' means activities engaged in by a contractor under a
covered contract as follows:
(A) Guarding of personnel, facilities, or property of a
Federal agency, the contractor or subcontractor, or a third
party.
(B) Any other activity for which personnel are required to
carry weapons in the performance of their duties.
(e) Exception.--The requirements of this section shall not apply to
contracts entered into by elements of the intelligence community in
support of intelligence activities.
SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO
REDUCE OR DENY AWARD FEES TO COMPANIES FOUND TO JEOPARDIZE THE
HEALTH OR SAFETY OF GOVERNMENT PERSONNEL.
(a) Expansion of Dispositions Subject to Authority.--Section 823 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended--
(1) in subsection (c), by adding at the end the following new
paragraph:
``(5) In an administrative proceeding, a final determination of
contractor fault by the Secretary of Defense pursuant to subsection
(d).'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Determinations of Contractor Fault by Secretary of Defense.--
``(1) In general.--In any case described by paragraph (2), the
Secretary of Defense shall--
``(A) provide for an expeditious independent investigation
of the causes of the serious bodily injury or death alleged to
have been caused by the contractor as described in that
paragraph; and
``(B) make a final determination, pursuant to procedures
established by the Secretary for purposes of this subsection,
whether the contractor, in the performance of a covered
contract, caused such serious bodily injury or death through
gross negligence or with reckless disregard for the safety of
civilian or military personnel of the Government.
``(2) Covered cases.--A case described in this paragraph is any
case in which the Secretary has reason to believe that--
``(A) a contractor, in the performance of a covered
contract, may have caused the serious bodily injury or death of
any civilian or military personnel of the Government; and
``(B) such contractor is not subject to the jurisdiction of
United States courts.
``(3) Construction of determination.--A final determination
under this subsection may be used only for the purpose of
evaluating contractor performance, and shall not be determinative
of fault for any other purpose.''.
(b) Definition of Contractor.--Paragraph (1) of subsection (e) of
such section, as redesignated by subsection (a)(2) of this section, is
amended to read as follows:
``(1) The term `contractor' means a company awarded a covered
contract and a subcontractor at any tier under such contract.''.
(c) Technical Amendment.--Subsection (c) of such section is further
amended in the matter preceding paragraph (1) by striking ``subsection
(a)'' and inserting ``subsection (b)''.
(d) Inclusion of Determinations of Contractor Fault in Database for
Federal Agency Contract and Grant Officers and Suspension and Debarment
Officials.--Section 872(c)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4556) is amended by adding at the end the following new subparagraph:
``(E) In an administrative proceeding, a final
determination of contractor fault by the Secretary of Defense
pursuant to section 823(d) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302
note).''.
(e) Effective Date.--The requirements of section 823 of the
National Defense Authorization Act for Fiscal Year 2010, as amended by
subsections (a) through (c), shall apply with respect to the following:
(1) Any contract entered into on or after the date of the
enactment of this Act.
(2) Any task order or delivery order issued on or after the
date of the enactment of this Act under a contract entered into
before, on, or after that date.
SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
Section 863 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended to read
as follows:
``SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
``(a) Joint Report Required.--
``(1) In general.--Except as provided in paragraph (6), every
12 months, the Secretary of Defense, the Secretary of State, and
the Administrator of the United States Agency for International
Development shall submit to the relevant committees of Congress a
joint report on contracts in Iraq or Afghanistan.
``(2) Primary matters covered.--A report under this subsection
shall, at a minimum, cover the following with respect to contracts
in Iraq and Afghanistan during the reporting period:
``(A) Total number of contracts awarded.
``(B) Total number of active contracts.
``(C) Total value of all contracts awarded.
``(D) Total value of active contracts.
``(E) The extent to which such contracts have used
competitive procedures.
``(F) Total number of contractor personnel working on
contracts at the end of each quarter of the reporting period.
``(G) Total number of contractor personnel who are
performing security functions at the end of each quarter of the
reporting period.
``(H) Total number of contractor personnel killed or
wounded.
``(3) Additional matters covered.--A report under this
subsection shall also cover the following:
``(A) The sources of information and data used to compile
the information required under paragraph (2).
``(B) A description of any known limitations of the data
reported under paragraph (2), including known limitations of
the methodology and data sources used to compile the report.
``(C) Any plans for strengthening collection, coordination,
and sharing of information on contracts in Iraq and Afghanistan
through improvements to the common databases identified under
section 861(b)(4).
``(4) Reporting period.--A report under this subsection shall
cover a period of not less than 12 months.
``(5) Submission of reports.--The Secretaries and the
Administrator shall submit an initial report under this subsection
not later than February 1, 2011, and shall submit an updated report
by February 1 of every year thereafter until February 1, 2013.
``(6) Exception.--If the total annual amount of obligations for
contracts in Iraq and Afghanistan combined is less than
$250,000,000 for the reporting period, for all three agencies
combined, the Secretaries and the Administrator may submit, in lieu
of a report, a letter stating the applicability of this paragraph,
with such documentation as the Secretaries and the Administrator
consider appropriate.
``(7) Estimates.--In determining the total number of contractor
personnel working on contracts under paragraph (2)(F), the
Secretaries and the Administrator may use estimates for any
category of contractor personnel for which they determine it is not
feasible to provide an actual count. The report shall fully
disclose the extent to which estimates are used in lieu of an
actual count.
``(b) Comptroller General Review and Report.--
``(1) In general.--Within 180 days after submission of each
annual joint report required under subsection (a), but in no case
later than August 5 of each year until 2013, the Comptroller
General of the United States shall review the joint report and
submit to the relevant committees of Congress a report on such
review.
``(2) Matters covered.--A report under this subsection shall,
at minimum--
``(A) assess the data and data sources used in developing
the joint report;
``(B) review how the Department of Defense, the Department
of State, and the United States Agency for International
Development are using the data and the data sources used to
develop the joint report in managing, overseeing, and
coordinating contracting in Iraq and Afghanistan;
``(C) assess the plans of the departments and agency for
strengthening or improving the common databases identified
under section 861(b)(4); and
``(D) review and make recommendations on any specific
contract or class of contracts that the Comptroller General
determines raises issues of significant concern.
``(3) Access to databases and other information.--The Secretary
of Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development shall provide to
the Comptroller General full access to information on contracts in
Iraq and Afghanistan for the purposes of the review carried out
under this subsection, including the common databases identified
under section 861(b)(4).''.
Subtitle E--Other Matters
SEC. 841. IMPROVEMENTS TO STRUCTURE AND FUNCTIONING OF JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
(a) Vice Chairman of Joint Chiefs of Staff To Be Chairman of
Council.--Subsection (c) of section 181 of title 10, United States
Code, is amended--
(1) in paragraph (1), by inserting ``Vice'' before ``Chairman
of the Joint Chiefs of Staff'';
(2) in paragraph (2), by striking ``, other than the Chairman
of the Joint Chiefs of Staff,'' and inserting ``under subparagraphs
(B), (C), (D), and (E) of paragraph (1)''; and
(3) by striking paragraph (3).
(b) Role of Commanders of Combatant Commands as Members of
Council.--Paragraph (1) of subsection (c) of such section is further
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) in addition, when directed by the chairman, the commander
of any combatant command (or, as directed by that commander, the
deputy commander of that command) when matters related to the area
of responsibility or functions of that command will be under
consideration by the Council.''.
(c) Civilian Advisors.--
(1) Additional civilian advisors.--Subsection (d) of such
section is amended by striking ``The Under Secretary'' and all that
follows through ``and expertise.'' and inserting: ``The following
officials of the Department of Defense shall serve as advisors to
the Council on matters within their authority and expertise:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(B) The Under Secretary of Defense (Comptroller).
``(C) The Under Secretary of Defense for Policy.
``(D) The Director of Cost Assessment and Program
Evaluation.
``(E) The Director of Operational Test and Evaluation.
``(F) Such other civilian officials of the Department of
Defense as are designated by the Secretary of Defense for
purposes of this subsection.''.
(2) Conforming amendment.--Subsection (b)(3) of such section is
amended by striking ``Under Secretary of Defense (Comptroller), the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, and the Director of Cost Assessment and Performance
Evaluation'' and inserting ``advisors to the Council under
subsection (d)''.
(d) Recognition of Permanent Nature of Council.--Subsection (a) of
such section is amended by striking ``The Secretary of Defense shall
establish'' and inserting ``There is''.
SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND
PERFORMANCE OF SUSTAINABLE PRODUCTS AND SERVICES.
(a) Finding.--Congress finds the following:
(1) Executive Order No. 13514, dated October 5, 2009, requires
the departments and agencies of the Federal Government to establish
an integrated strategy towards the procurement of sustainable
products and services.
(2) The Department of Defense Strategic Sustainability
Performance Plan, issued in August 2010, provides a framework for
the Department's compliance with Executive Order No. 13514 and
other applicable sustainability requirements.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of the
achievement by the Department of Defense of the objectives and
goals on the procurement of sustainable products and services
established by section 2(h) of Executive Order No. 13514.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the actions taken, and to be taken, by
the Department to identify particular sustainable products and
services that contribute to the achievement of the objectives
and goals described in paragraph (1).
(B) An assessment of the tools available to the Department
to promote the use of particular sustainable products and
services identified pursuant to the actions described in
subparagraph (A) across the Department, and a description of
the actions taken, and to be taken, by the Department to use
such tools.
(C) A description of strategies and tools identified by the
Department that could assist the other departments and agencies
of the Federal Government in procuring sustainable products and
services, including a description of mechanisms for sharing
best practices in such procurement, as identified by the
Department, among the other departments and agencies of the
Federal Government.
(D) An assessment of the progress the Department has made
toward the achievement of the objectives and goals described in
paragraph (1), including the scorecard identified in its
Strategic Sustainability Performance Plan.
SEC. 843. ASSESSMENT AND PLAN FOR CRITICAL RARE EARTH MATERIALS IN
DEFENSE APPLICATIONS.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall undertake an
assessment of the supply and demand for rare earth materials in
defense applications and identify which, if any, rare earth
material meets both of the following criteria:
(A) The rare earth material is critical to the production,
sustainment, or operation of significant United States military
equipment.
(B) The rare earth material is subject to interruption of
supply, based on actions or events outside the control of the
Government of the United States.
(2) Evaluation of supply.--The assessment shall include a
comprehensive evaluation of the long-term security and availability
of all aspects of the supply chain for rare earth materials in
defense applications, particularly the location and number of
sources at each step of the supply chain, including--
(A) mining of rare earth ores;
(B) separation of rare earth oxides;
(C) refining and reduction of rare earth metals;
(D) creation of rare earth alloys;
(E) manufacturing of components and systems containing rare
earth materials; and
(F) recycling of components and systems to reclaim and
reuse rare earth materials.
(3) Evaluation of demand.--The assessment shall include a
comprehensive evaluation of the demand for and usage of rare earth
materials in all defense applications, including--
(A) approximations of the total amounts of individual rare
earth materials used in defense applications;
(B) determinations of which, if any, defense applications
are dependent upon rare earth materials for proper operation
and functioning; and
(C) assessments of the feasibility of alternatives to usage
of rare earth materials in defense applications.
(4) Other studies and agencies.--Any applicable studies
conducted by the Department of Defense, the Comptroller General of
the United States, or other Federal agencies during fiscal year
2010 may be considered as partial fulfillment of the requirements
of this section. The Secretary may consider the views of other
Federal agencies, as appropriate.
(5) Specific material included.--At a minimum, the Secretary
shall identify sintered neodymium iron boron magnets as meeting the
criteria specified in paragraph (1).
(b) Plan.--For each rare earth material identified pursuant to
subsection (a)(1), the Secretary shall develop a plan to ensure the
long-term availability of such rare earth material, with a goal of
establishing an assured source of supply of such material in critical
defense applications by December 31, 2015. In developing the plan, the
Secretary shall consider all aspects of the material's supply chain, as
described in subsection (a)(2). The plan shall include consideration of
numerous risk mitigation methods with respect to the material,
including--
(1) an assessment of including the material in the National
Defense Stockpile;
(2) in consultation with the United States Trade
Representative, the identification of any trade practices known to
the Secretary that limit the Secretary's ability to ensure the
long-term availability of such material or the ability to meet the
goal of establishing an assured source of supply of such material
by December 31, 2015;
(3) an assessment of the availability of financing to industry,
academic institutions, or not-for-profit entities to provide the
capacity required to ensure the availability of the material, as
well as potential mechanisms to increase the availability of such
financing;
(4) an assessment of the benefits, if any, of Defense
Production Act funding to support the establishment of an assured
source of supply for military components;
(5) an assessment of funding for research and development
related to any aspect of the rare earth material supply chain or
research on alternatives and substitutes;
(6) any other risk mitigation method determined appropriate by
the Secretary that is consistent with the goal of establishing an
assured source of supply by December 31, 2015; and
(7) for steps of the rare earth material supply chain for which
no other risk mitigation method, as described in paragraphs (1)
through (6), will ensure an assured source of supply by December
31, 2015, a specific plan to eliminate supply chain vulnerability
by the earliest date practicable.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional committees described in paragraph (2) a report
containing the findings of the assessment required under subsection
(a) and the plan developed under subsection (b).
(2) Congressional committees.--The congressional committees
described in this paragraph are as follows:
(A) The congressional defense committees.
(B) The Committee on Science and Technology, the Committee
on Financial Services, and the Committee on Ways and Means of
the House of Representatives.
(C) The Committee on Energy and Natural Resources, the
Committee on Finance, and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
SEC. 844. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.
(a) Review Required.--The Comptroller General of the United States
shall review the use of the national security exception to full and
open competition provided in section 2304(c)(6) of title 10, United
States Code, by the Department of Defense.
(b) Matters Reviewed.--The review of the use of the national
security exception required by subsection (a) shall include--
(1) the pattern of usage of such exception by acquisition
organizations within the Department to determine which
organizations are commonly using the exception and the frequency of
such usage;
(2) the range of items or services being acquired through the
use of such exception;
(3) the process for reviewing and approving justifications
involving such exception;
(4) whether the justifications for use of such exception
typically meet the relevant requirements of the Federal Acquisition
Regulation applicable to the use of such exception;
(5) issues associated with follow-on procurements for items or
services acquired using such exception; and
(6) potential additional instances where such exception could
be applied and any authorities available to the Department other
than such exception that could be applied in such instances.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review required by subsection (a),
including a discussion of each of the matters specified in subsection
(b). The report shall include any recommendations relating to the
matters reviewed that the Secretary considers appropriate. The report
shall be submitted in unclassified form but may include a classified
annex.
SEC. 845. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES THAT
ARE NOT UNDER FOREIGN OWNERSHIP CONTROL OR INFLUENCE MITIGATION.
(a) Requirement.--The Secretary of Defense shall develop a plan to
ensure that covered entities employ and maintain policies and
procedures that meet requirements under the national industrial
security program. In developing the plan, the Secretary shall consider
whether or not covered entities, or any category of covered entities,
should be required to establish government security committees similar
to those required for companies that are subject to foreign ownership
control or influence mitigation measures.
(b) Covered Entity.--A covered entity under this section is an
entity--
(1) to which the Department of Defense has granted a facility
clearance; and
(2) that is not subject to foreign ownership control or
influence mitigation measures.
(c) Guidance.--The Secretary of Defense shall issue guidance,
including appropriate compliance mechanisms, to implement the
requirement in subsection (a). To the extent determined appropriate by
the Secretary, the guidance shall require covered entities, or any
category of covered entities, to establish government security
committees similar to those required for companies that are subject to
foreign ownership control or influence mitigation measures.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the plan developed pursuant to subsection (a) and the guidance
issued pursuant to subsection (c). The report shall specifically
address the rationale for the Secretary's decision on whether or not to
require covered entities, or any category of covered entities, to
establish government security committees similar to those required for
companies that are subject to foreign ownership control or influence
mitigation measures.
SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.
(a) Contract Requirement.--The Secretary of Defense shall ensure
that each contract described in subsection (b) awarded by the
Department of Defense includes a provision requiring the photovoltaic
devices provided under the contract to comply with the Buy American Act
(41 U.S.C. 10a et seq.), subject to the exceptions to that Act provided
in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or
otherwise provided by law.
(b) Contracts Described.--The contracts described in this
subsection include energy savings performance contracts, utility
service contracts, land leases, and private housing contracts, to the
extent that such contracts result in ownership of photovoltaic devices
by the Department of Defense. For the purposes of this section, the
Department of Defense is deemed to own a photovoltaic device if the
device is--
(1) installed on Department of Defense property or in a
facility owned by the Department of Defense; and
(2) reserved for the exclusive use of the Department of Defense
for the full economic life of the device.
(c) Definition of Photovoltaic Devices.--In this section, the term
``photovoltaic devices'' means devices that convert light directly into
electricity through a solid-state, semiconductor process.
SEC. 847. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN REQUIREMENTS
FOR PROCUREMENT OF HAND OR MEASURING TOOLS.
Section 2533a(c) of title 10, United States Code, is amended by
striking ``subsection (b)(1)'' and inserting ``subsection (b)''.
SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS.
(a) Defense Science Board Review of Organization, Training, and
Planning.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall direct the Defense Science
Board to carry out a review of Department of Defense organization,
doctrine, training, and planning for contractor logistics support of
contingency operations.
(b) Matters To Be Addressed.--
(1) In general.--The matters addressed by the review required
by subsection (a) shall include, at a minimum, the following:
(A) Department of Defense policies and procedures for
planning for contractor logistics support of contingency
operations.
(B) Department organization and staffing for the
implementation of such policies and procedures.
(C) The development of Department doctrine for contractor
logistics support of contingency operations.
(D) The training of Department military and civilian
personnel for the planning, management, and oversight of
contractor logistics support of contingency operations.
(E) The extent to which the Department should rely upon
contractor logistics support in future contingency operations,
and the risks associated with reliance on such support.
(F) Any logistics support functions for contingency
operations for which the Department should establish or retain
an organic capability.
(G) The scope and level of detail on contractor logistics
support of contingency operations that is currently included in
operational plans, and that should be included in operational
plans.
(H) Contracting mechanisms and contract vehicles that are
currently used, and should be used, to provide contractor
logistics support of contingency operations.
(I) Department organization and staffing for the management
and oversight of contractor logistics support of contingency
operations.
(J) Actions that could be taken to improve Department
management and oversight of contractors providing logistics
support of contingency operations.
(K) The extent to which logistics support of contingency
operations has been, and should be, provided by subcontractors,
and the advantages and disadvantages of reliance upon
subcontractors for that purpose.
(L) The extent to which logistics support of contingency
operations has been, and should be, provided by local nationals
and third country nationals, and the advantages and
disadvantages of reliance upon such sources for that purpose.
(2) Findings and recommendations.--The review required by
subsection (a) shall include findings and recommendations related
to--
(A) legislative or policy guidance to address the matters
listed in paragraph (1); and
(B) whether and to what extent the quadrennial defense
review (conducted pursuant to section 118 of title 10, United
States Code) or assessments by the Chairman of the Joint Chiefs
of Staff for the biennial review of the national military
strategy (conducted pursuant to section 153(d) of such title)
should be required to address requirements for contractor
support of the Armed Forces in conducting peacetime training,
peacekeeping, overseas contingency operations, and major combat
operations, and the risks associated with such support.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the results of the review required by
subsection (a). The report shall include the findings and
recommendations of the Defense Science Board, including such
recommendations for legislative or administrative action as the Board
considers appropriate, together with any comments the Secretary
considers appropriate.
Subtitle F--Improve Acquisition Act
SEC. 860. SHORT TITLE.
This subtitle may be cited as the ``Improve Acquisition Act of
2010''.
PART I--DEFENSE ACQUISITION SYSTEM
SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE DEFENSE ACQUISITION
SYSTEM.
(a) Management of the Defense Acquisition System.--Part IV of title
10, United States Code, is amended by inserting after chapter 148 the
following new chapter:
``CHAPTER 149--DEFENSE ACQUISITION SYSTEM
``Sec.
``2545. Definitions.
``2546. Civilian management of the defense acquisition system.
``2547. Acquisition-related functions of chiefs of the armed forces.
``2548. Performance assessments of the defense acquisition system.
``Sec. 2545. Definitions
``In this chapter:
``(1) The term `acquisition' has the meaning provided in
section 4(16) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(16)).
``(2) The term `defense acquisition system' means the workforce
engaged in carrying out the acquisition of property and services
for the Department of Defense; the management structure responsible
for directing and overseeing the acquisition of property and
services for the Department of Defense; and the statutory,
regulatory, and policy framework that guides the acquisition of
property and services for the Department of Defense.
``(3) The term `element of the defense acquisition system'
means an organization that employs members of the acquisition
workforce, carries out acquisition functions, and focuses primarily
on acquisition.
``(4) The term `acquisition workforce' has the meaning provided
in section 101(a)(18) of this title.
``Sec. 2546. Civilian management of the defense acquisition system
``(a) Responsibility of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.--Subject to the authority,
direction and control of the Secretary of Defense, the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall be
responsible for the management of the defense acquisition system and
shall exercise such control of the system and perform such duties as
are necessary to ensure the successful and efficient operation of the
defense acquisition system, including the duties enumerated and
assigned to the Under Secretary elsewhere in this title.
``(b) Responsibility of the Service Acquisition Executives.--
Subject to the direction of the Under Secretary of Defense for
Acquisition, Technology, and Logistics on matters pertaining to
acquisition, and subject to the authority, direction, and control of
the Secretary of the military department concerned, a service
acquisition executive of a military department shall be responsible for
the management of elements of the defense acquisition system in that
military department and shall exercise such control of the system and
perform such duties as are necessary to ensure the successful and
efficient operation of such elements of the defense acquisition system.
``Sec. 2547. Acquisition-related functions of chiefs of the armed
forces
``(a) Performance of Certain Acquisition-related Functions.--The
Secretary of Defense shall ensure that the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air Force, and
the Commandant of the Marine Corps assist the Secretary of the military
department concerned in the performance of the following acquisition-
related functions of such department:
``(1) The development of requirements relating to the defense
acquisition system (subject, where appropriate, to validation by
the Joint Requirements Oversight Council pursuant to section 181 of
this title).
``(2) The coordination of measures to control requirements
creep in the defense acquisition system.
``(3) The development of career paths in acquisition for
military personnel (as required by section 1722a of this title).
``(4) The assignment and training of contracting officer
representatives when such representatives are required to be
members of the armed forces because of the nature of the contract
concerned.
``(b) Rule of Construction.--Nothing in this section shall be
construed to affect the assignment of functions under section
3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A) of this
title, except as explicitly provided in this section.
``(c) Definitions.--In this section:
``(1) The term `requirements creep' means the addition of new
technical or operational specifications after a requirements
document is approved by the appropriate validation authority for
the requirements document.
``(2) The term `requirements document' means a document
produced in the requirements process that is provided for an
acquisition program to guide the subsequent development,
production, and testing of the program and that--
``(A) justifies the need for a materiel approach, or an
approach that is a combination of materiel and non-materiel, to
satisfy one or more specific capability gaps;
``(B) details the information necessary to develop an
increment of militarily useful, logistically supportable, and
technically mature capability, including key performance
parameters; or
``(C) identifies production attributes required for a
single increment of a program.
``Sec. 2548. Performance assessments of the defense acquisition system
``(a) Performance Assessments Required.--Not later than 180 days
after the date of the enactment of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011, the Secretary of Defense,
acting through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, the Director of Procurement and Acquisition
Policy, and the Director of the Office of Performance Assessment and
Root Cause Analysis, shall issue guidance, with detailed implementation
instructions, for the Department of Defense to provide for periodic
independent performance assessments of elements of the defense
acquisition system for the purpose of--
``(1) determining the extent to which such elements of the
defense acquisition system deliver value to the Department of
Defense, taking into consideration the performance elements
identified in subsection (b);
``(2) assisting senior officials of the Department of Defense
in identifying and developing lessons learned from best practices
and shortcomings in the performance of such elements of the defense
acquisition system; and
``(3) assisting senior officials of the Department of Defense
in developing acquisition workforce excellence under section 1701a
of this title
``(b) Areas Considered in Performance Assessments.--(1) Each
performance assessment conducted pursuant to subsection (a) shall
consider, at a minimum--
``(A) the extent to which acquisitions conducted by the element
of the defense acquisition system under review meet applicable
cost, schedule, and performance objectives; and
``(B) the staffing and quality of the acquisition workforce and
the effectiveness of the management of the acquisition workforce,
including workforce incentives and career paths.
``(2) The Secretary of Defense shall ensure that the performance
assessments required by this section are appropriately tailored to
reflect the diverse nature of the work performed by each element of the
defense acquisition system. In addition to the mandatory areas under
paragraph (1), a performance assessment may consider, as appropriate,
specific areas of acquisition concern, such as--
``(A) the selection of contractors, including--
``(i) the extent of competition and the use of exceptions
to competition requirements;
``(ii) compliance with Department of Defense policies
regarding the participation of small business concerns and
various categories of small business concerns, including the
use of contract bundling and the availability of non-bundled
contract vehicles;
``(iii) the quality of market research;
``(iv) the effective consideration of contractor past
performance; and
``(v) the number of bid protests, the extent to which such
bid protests have been successful, and the reasons for such
success;
``(B) the negotiation of contracts, including--
``(i) the appropriate application of section 2306a of this
title (relating to truth in negotiations);
``(ii) the appropriate use of contract types appropriate to
specific procurements;
``(iii) the appropriate use of performance requirements;
``(iv) the appropriate acquisition of technical data and
other rights and assets necessary to support long-term
sustainment and follow-on procurement; and
``(v) the timely definitization of any undefinitized
contract actions; and
``(C) the management of contractor performance, including--
``(i) the assignment of appropriately qualified contracting
officer representatives and other contract management
personnel;
``(ii) the extent of contract disputes, the reasons for
such disputes, and the extent to which they have been
successfully addressed;
``(iii) the appropriate consideration of long-term
sustainment and energy efficiency objectives; and
``(iv) the appropriate use of integrated testing.
``(c) Contents of Guidance.--The guidance issued pursuant to
subsection (a) shall ensure that each element of the defense
acquisition system is subject to a performance assessment under this
section not less often than once every four years, and shall address,
at a minimum--
``(1) the designation of elements of the defense acquisition
system that are subject to performance assessment at an
organizational level that ensures such assessments can be performed
in an efficient and integrated manner;
``(2) the frequency with which such performance assessments
should be conducted;
``(3) goals, standards, tools, and metrics for use in
conducting performance assessments;
``(4) the composition of the teams designated to perform
performance assessments;
``(5) any phase-in requirements needed to ensure that qualified
staff are available to perform performance assessments;
``(6) procedures for tracking the implementation of
recommendations made pursuant to performance assessments;
``(7) procedures for developing and disseminating lessons
learned from performance assessments; and
``(8) procedures for ensuring that information from performance
assessments are retained electronically and are provided in a
timely manner to the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Director of the Office of
Performance Assessment and Root Cause Analysis as needed to assist
them in performing their responsibilities under this section.
``(d) Performance Goals Under Government Performance Results Act of
1993.--Beginning with fiscal year 2012, the annual performance plan
prepared by the Department of Defense pursuant to section 1115 of title
31 shall include appropriate performance goals for elements of the
defense acquisition system.
``(e) Reporting Requirements.--Beginning with fiscal year 2012--
``(1) the annual report prepared by the Secretary of Defense
pursuant to section 1116 of title 31, United States Code, shall
address the Department's success in achieving performance goals
established pursuant to such section for elements of the defense
acquisition system; and
``(2) the annual report prepared by the Director of the Office
of Performance Assessment and Root Cause Analysis pursuant to
section 103(f) of the Weapon Systems Acquisition Reform Act of 2009
(10 U.S.C. 2430 note), shall include information on the activities
undertaken by the Department pursuant to such section, including a
summary of significant findings or recommendations arising out of
performance assessments.''.
(b) Clerical Amendments.--The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the beginning of
part IV of such subtitle, are each amended by inserting after the item
relating to chapter 148 the following new item:
``149. Defense Acquisition System................................2545''.
SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES
INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Report Required.--The Comptroller General of the United States
shall carry out a comprehensive review of the Joint Capabilities
Integration and Development System (in this section referred to as
``JCIDS''). Not later than one year after the date of the enactment of
this Act, the Comptroller General shall submit to the congressional
defense committees a report on the review and include in such report
any recommendations the Comptroller General considers necessary and
advisable to improve or replace JCIDS.
(b) Content of the Review.--
(1) Purpose.--The purpose of the review required by subsection
(a) is to evaluate the effectiveness of JCIDS in achieving the
following objectives:
(A) Timeliness in delivering capability to the warfighter.
(B) Efficient use of the investment resources of the
Department of Defense.
(C) Control of requirements creep.
(D) Responsiveness to changes occurring after the approval
of a requirements document (including changes to the threat
environment, the emergence of new capabilities, or changes in
the resources estimated to procure or sustain a capability).
(E) Development of the personnel skills, capacity, and
training needed for an effective and efficient requirements
process.
(2) Matters considered.--In performing the review, the
Comptroller General shall gather information on and consider the
following matters:
(A) The time that requirements documents take to receive
approval through JCIDS.
(B) The quality of cost information considered in JCIDS and
the extent of its consideration.
(C) The extent to which JCIDS establishes a meaningful
level of priority for requirements.
(D) The extent to which JCIDS is considering trade-offs
between cost, schedule, and performance objectives.
(E) The quality of information on sustainment considered in
JCIDS and the extent to which sustainment information is
considered.
(F) An evaluation of the advantages and disadvantages of
designating a commander of a unified combatant command for each
requirements document for which the Joint Requirements
Oversight Council is the validation authority to provide a
joint evaluation task force to participate in a materiel
solution and to--
(i) provide input to the analysis of alternatives;
(ii) participate in testing (including limited user
tests and prototype testing);
(iii) provide input on a concept of operations and
doctrine;
(iv) provide end user feedback to the resource sponsor;
and
(v) participate, through the combatant commander
concerned, in any alteration of the requirement for such
solution.
(c) Definitions.--In this section:
(1) Joint capabilities integration and development system.--The
term ``Joint Capabilities Integration and Development System''
means the system for the assessment, review, validation, and
approval of joint warfighting requirements that is described in
Chairman of the Joint Chiefs of Staff Instruction 3170.01G
(2) Requirements document.--The term ``requirements document''
means a document produced in JCIDS that is provided for an
acquisition program to guide the subsequent development,
production, and testing of the program and that--
(A) justifies the need for a materiel approach, or an
approach that is a combination of materiel and non-materiel, to
satisfy one or more specific capability gaps;
(B) details the information necessary to develop an
increment of militarily useful, logistically supportable, and
technically mature capability, including key performance
parameters; or
(C) identifies production attributes required for a single
increment of a program.
(3) Requirements creep.--The term ``requirements creep'' means
the addition of new technical or operational specifications after a
requirements document is approved.
(4) Materiel solution.--The term ``materiel solution'' means
the development, acquisition, procurement, or fielding of a new
item, or of a modification to an existing item, necessary to equip,
operate, maintain, and support military activities.
SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.
(a) Establishment of Requirements Processes for the Acquisition of
Services.--The Secretary of Defense shall ensure that the military
departments and Defense Agencies each establish a process for
identifying, assessing, reviewing, and validating requirements for the
acquisition of services.
(b) Operational Requirements.--With regard to requirements for the
acquisition of services in support of combatant commands and military
operations, the Secretary shall ensure--
(1) that the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the Commandant
of the Marine Corps implement and bear chief responsibility for
carrying out, within the Armed Force concerned, the process
established pursuant to subsection (a) for such Armed Force; and
(2) that commanders of unified combatant commands and other
officers identified or designated as joint qualified officers have
an opportunity to participate in the process of each military
department to provide input on joint requirements for the
acquisition of services.
(c) Supporting Requirements.--With regard to requirements for the
acquisition of services not covered by subsection (b), the Secretary
shall ensure that the secretaries of the military departments and the
heads of the Defense Agencies implement and bear chief responsibility
for carrying out, within the military department or Defense Agency
concerned, the process established pursuant to subsection (a) for such
military department or Defense Agency.
(d) Implementation Plans Required.--The Secretary shall ensure that
an implementation plan is developed for each process established
pursuant to subsection (a) that addresses, at a minimum, the following:
(1) The organization of such process.
(2) The level of command responsibility required for
identifying, assessing, reviewing, and validating requirements for
the acquisition of services in accordance with the requirements of
this section and the categories established under section
2330(a)(1)(C) of title 10, United States Code.
(3) The composition of positions necessary to operate such
process.
(4) The training required for personnel engaged in such
process.
(5) The relationship between doctrine and such process.
(6) Methods of obtaining input on joint requirements for the
acquisition of services.
(7) Procedures for coordinating with the acquisition process.
(8) Considerations relating to opportunities for strategic
sourcing.
(e) Matters Required in Implementation Plan.--Each plan required
under subsection (d) shall provide for initial implementation of a
process for identifying, assessing, reviewing, and validating
requirements for the acquisition of services not later than one year
after the date of the enactment of this Act and shall provide for full
implementation of such process at the earliest date practicable.
(f) Consistency With Joint Guidance.--Whenever, at any time,
guidance is issued by the Chairman of the Joint Chiefs of Staff
relating to requirements for the acquisition of services in support of
combatant commands and military operations, each process established
pursuant to subsection (a) shall be revised in accordance with such
joint guidance.
(g) Definition.--The term ``requirements for the acquisition of
services'' means objectives to be achieved through acquisitions
primarily involving the procurement of services.
(h) Review of Supporting Requirements To Identify Savings.--The
secretaries of the military departments and the heads of the Defense
Agencies shall review and validate each requirement described in
subsection (c) with an anticipated cost in excess of $10,000,000 with
the objective of identifying unneeded or low priority requirements that
can be reduced or eliminated, with the savings transferred to higher
priority objectives. Savings identified and transferred to higher
priority objectives through review and revalidation under this
subsection shall count toward the savings objectives established in the
June 4, 2010, guidance of the Secretary of Defense on improved
operational efficiencies and the annual reduction in funding for
service support contractors required by the August 16, 2010, guidance
of the Secretary of Defense on efficiency initiatives. As provided by
the Secretary, cost avoidance shall not count toward these objectives.
(i) Extension of Authority.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking ``September 30, 2010'' and
inserting ``December 31, 2011''.
SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE.
(a) Review of Guidance.--The Secretary of Defense shall review the
acquisition guidance of the Department of Defense, including, at a
minimum, the guidance contained in Department of Defense Instruction
5000.02 entitled ``Operation of the Defense Acquisition System''.
(b) Matters Considered.--The review performed under subsection (a)
shall consider--
(1) the extent to which the acquisition of commercial goods and
commodities, commercial and military unique services, and
information technology should be addressed in Department of Defense
Instruction 5000.02 and other guidance primarily relating to the
acquisition of weapon systems, or should be addressed in separate
instructions and guidance;
(2) whether long-term sustainment and energy efficiency of
weapon systems is appropriately emphasized;
(3) whether appropriate mechanisms exist to communicate
information relating to the mission needs of the Department of
Defense to the industrial base in a way that allows the industrial
base to make appropriate investments in infrastructure, capacity,
and technology development to help meet such needs;
(4) the extent to which earned value management should be
required on acquisitions not involving the acquisition of weapon
systems and whether measures of quality and technical performance
should be included in any earned value management system; and
(5) such other matters as the Secretary considers appropriate.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing any changes in the acquisition
guidance of the Department of Defense identified during the review
required by subsection (a), and any actions taken, or planned to be
taken, to implement such changes.
SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES ACQUISITION
THROUGHOUT THE FEDERAL ACQUISITION REGULATION AND THE DEFENSE
FEDERAL ACQUISITION REGULATION SUPPLEMENT.
(a) Review Required.--The Secretary of Defense, in consultation
with the Administrator for Federal Procurement Policy and the heads of
such other Federal agencies as the Secretary considers appropriate,
shall review the Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement to ensure that such regulations
include appropriate guidance for and references to services acquisition
that are in addition to references provided in part 37 and the Defense
Supplement to part 37.
(b) Matters Considered.--The review required by subsection (a)
shall consider the extent to which additional guidance is needed--
(1) to provide the tools and processes needed to assist
contracting officials in addressing the full range of complexities
that can arise in the acquisition of services; and
(2) to enhance and support the procurement and project
management community in all aspects of the process for the
acquisition of services, including requirements development,
assessment of reasonableness, and post-award management and
oversight.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing--
(1) a summary of the findings of the review required by
subsection (a); and
(2) any recommendations that the Secretary may have for changes
to the Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement to address such findings,
including identifying any changes that are necessary to improve
part 37 (which specifically addresses services acquisitions).
SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE
NONDEVELOPMENTAL ITEMS.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may carry out a pilot
program to assess the feasability and advisability of acquiring
military purpose nondevelopmental items in accordance with this
section.
(2) Scope of program.--Under the pilot program, the Secretary
may enter into contracts with nontraditional defense contractors
for the acquisition of military purpose nondevelopmental items in
accordance with the requirements set forth in subsection (b).
(b) Contract Requirements.--Each contract entered into under the
pilot program--
(1) shall be a firm, fixed price contract, or a firm, fixed
price contract with an economic price adjustment clause awarded
using competitive procedures in accordance with chapter 137 of
title 10, United States Code;
(2) shall be in an amount not in excess of $50,000,000,
including all options;
(3) shall provide--
(A) for the delivery of an initial lot of production
quantities of completed items not later than nine months after
the date of the award of such contract; and
(B) that failure to make delivery as provided for under
subparagraph (A) may result in the termination of such contract
for default; and
(4) shall be--
(A) exempt from the requirement to submit certified cost or
pricing data under section 2306a of title 10, United States
Code, and the cost accounting standards under section 26 of the
Office of Federal Procurement Policy Act (41 U.S.C. 422); and
(B) subject to the requirement to provide data other than
certified cost or pricing data for the purpose of price
reasonableness determinations, as provided in section 2306a(d)
of title 10, United States Code.
(c) Regulations.--If the Secretary establishes the pilot program
authorized under subsection (a), the Secretary shall prescribe
regulations governing such pilot program. Such regulations shall be
included in regulations of the Department of Defense prescribed as part
of the Federal Acquisition Regulation and shall include the contract
clauses and procedures necessary to implement such program.
(d) Reports.--
(1) Reports on program activities.--Not later than 60 days
after the end of any fiscal year in which the pilot program is in
effect, the Secretary shall submit to the congressional defense
committees a report on the pilot program. The report shall be in
unclassified form but may include a classified annex. Each report
shall include, for each contract entered into under the pilot
program in the preceding fiscal year, the following:
(A) The contractor.
(B) The item or items to be acquired.
(C) The military purpose to be served by such item or
items.
(D) The amount of the contract.
(E) The actions taken by the Department of Defense to
ensure that the price paid for such item or items is fair and
reasonable.
(2) Program assessment.--If the Secretary establishes the pilot
program authorized under subsection (a), not later than four years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report setting forth the assessment of the
Comptroller General of the extent to which the pilot program--
(A) enabled the Department to acquire items that otherwise
might not have been available to the Department;
(B) assisted the Department in the rapid acquisition and
fielding of capabilities needed to meet urgent operational
needs; and
(C) protected the interests of the United States in paying
fair and reasonable prices for the item or items acquired.
(e) Definitions.--In this section:
(1) The term ``military purpose nondevelopmental item'' means a
nondevelopmental item that meets a validated military requirement,
as determined in writing by the responsible program manager, and
has been developed exclusively at private expense. For purposes of
this paragraph, an item shall not be considered to be developed
exclusively at private expense if development of the item was paid
for in whole or in part through--
(A) independent research and development costs or bid and
proposal costs that have been reimbursed directly or indirectly
by a Federal agency or have been submitted to a Federal agency
for reimbursement; or
(B) foreign government funding.
(2) The term ``nondevelopmental item''--
(A) has the meaning given that term in section 4(13) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(13));
and
(B) also includes previously developed items of supply that
require modifications other than those customarily available in
the commercial marketplace if such modifications are consistent
with the requirement in subsection (b)(3)(A).
(3) The term ``nontraditional defense contractor'' has the
meaning given that term in section 2302(9) of title 10, United
States Code (as added by subsection (g)).
(4) The terms ``independent research and developments costs''
and ``bid and proposal costs'' have the meaning given such terms in
section 31.205-18 of the Federal Acquisition Regulation.
(f) Sunset.--
(1) In general.--The authority to carry out the pilot program
shall expire on the date that is five years after the date of the
enactment of this Act.
(2) Continuation of current contracts.--The expiration under
paragraph (1) of the authority to carry out the pilot program shall
not affect the validity of any contract awarded under the pilot
program before the date of the expiration of the pilot program
under that paragraph.
(g) Statutory Definition of Nontraditional Defense Contractor.--
(1) Nontraditional defense contractor.--Section 2302 of title
10, United States Code, is amended by adding at the end the
following:
``(9) The term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) of this title, means an entity
that is not currently performing and has not performed, for at
least the one-year period preceding the solicitation of sources by
the Department of Defense for the procurement or transaction, any
of the following for the Department of Defense:
``(A) Any contract or subcontract that is subject to full
coverage under the cost accounting standards prescribed
pursuant to section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422) and the regulations implementing
such section.
``(B) Any other contract in excess of $500,000 under which
the contractor is required to submit certified cost or pricing
data under section 2306a of this title.''.
(2) Conforming amendment.--Section 845(f) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371
note) is amended to read as follows:
``(f) Nontraditional Defense Contractor Defined.--In this section,
the term `nontraditional defense contractor' has the meaning provided
by section 2302(9) of title 10, United States Code.''.
PART II--DEFENSE ACQUISITION WORKFORCE
SEC. 871. ACQUISITION WORKFORCE EXCELLENCE.
(a) Acquisition Workforce Excellence.--Subchapter I of chapter 87
of title 10, United States Code, is amended by inserting after section
1701 the following new section:
``Sec. 1701a. Management for acquisition workforce excellence
``(a) Purpose.--The purpose of this chapter is to require the
Department of Defense to develop and manage a highly skilled
professional acquisition workforce--
``(1) in which excellence and contribution to mission is
rewarded;
``(2) which has the technical expertise and business skills to
ensure the Department receives the best value for the expenditure
of public resources;
``(3) which serves as a model for performance management of
employees of the Department; and
``(4) which is managed in a manner that complements and
reinforces the management of the defense acquisition system
pursuant to chapter 149 of this title.
``(b) Performance Management.--In order to achieve the purpose set
forth in subsection (a), the Secretary of Defense shall--
``(1) use the full authorities provided in subsections (a)
through (d) of section 9902 of title 5, including flexibilities
related to performance management and hiring and to training of
managers;
``(2) require managers to develop performance plans for
individual members of the acquisition workforce in order to give
members an understanding of how their performance contributes to
their organization's mission and the success of the defense
acquisition system (as defined in section 2545 of this title);
``(3) to the extent appropriate, use the lessons learned from
the acquisition demonstration project carried out under section
1762 of this title related to contribution-based compensation and
appraisal, and how those lessons may be applied within the General
Schedule system;
``(4) develop attractive career paths;
``(5) encourage continuing education and training;
``(6) develop appropriate procedures for warnings during
performance evaluations for members of the acquisition workforce
who consistently fail to meet performance standards;
``(7) take full advantage of the Defense Civilian Leadership
Program established under section 1112 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2496; 10 U.S.C. 1580 note prec.);
``(8) use the authorities for highly qualified experts under
section 9903 of title 5, to hire experts who are skilled
acquisition professionals to--
``(A) serve in leadership positions within the acquisition
workforce to strengthen management and oversight;
``(B) provide mentors to advise individuals within the
acquisition workforce on their career paths and opportunities
to advance and excel within the acquisition workforce; and
``(C) assist with the design of education and training
courses and the training of individuals in the acquisition
workforce; and
``(9) use the authorities for expedited security clearance
processing pursuant to section 1564 of this title.
``(c) Negotiations.--Any action taken by the Secretary under this
section, or to implement this section, shall be subject to the
requirements of chapter 71 of title 5.
``(d) Regulations.--Any rules or regulations prescribed pursuant to
this section shall be deemed an agency rule or regulation under section
7117(a)(2) of title 5, and shall not be deemed a Government-wide rule
or regulation under section 7117(a)(1) of such title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1701 the following new item:
``1701a. Management for acquisition workforce excellence.''.
SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE DEMONSTRATION
PROJECT.
(a) Codification Into Title 10.--
(1) In general.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1761 the following new section:
``Sec. 1762. Demonstration project relating to certain acquisition
personnel management policies and procedures
``(a) Commencement.--The Secretary of Defense is authorized to
carry out a demonstration project, the purpose of which is to determine
the feasibility or desirability of one or more proposals for improving
the personnel management policies or procedures that apply with respect
to the acquisition workforce of the Department of Defense and
supporting personnel assigned to work directly with the acquisition
workforce.
``(b) Terms and Conditions.--(1) Except as otherwise provided in
this subsection, any demonstration project described in subsection (a)
shall be subject to section 4703 of title 5 and all other provisions of
such title that apply with respect to any demonstration project under
such section.
``(2) Subject to paragraph (3), in applying section 4703 of title 5
with respect to a demonstration project described in subsection (a)--
``(A) `180 days' in subsection (b)(4) of such section shall be
deemed to read `120 days';
``(B) `90 days' in subsection (b)(6) of such section shall be
deemed to read `30 days'; and
``(C) subsection (d)(1) of such section shall be disregarded.
``(3) Paragraph (2) shall not apply with respect to a demonstration
project unless--
``(A) for each organization or team participating in the
demonstration project--
``(i) at least one-third of the workforce participating in
the demonstration project consists of members of the
acquisition workforce; and
``(ii) at least two-thirds of the workforce participating
in the demonstration project consists of members of the
acquisition workforce and supporting personnel assigned to work
directly with the acquisition workforce; and
``(B) the demonstration project commences before October 1,
2007.
``(c) Limitation on Number of Participants.--The total number of
persons who may participate in the demonstration project under this
section may not exceed 120,000.
``(d) Effect of Reorganizations.--The applicability of paragraph
(2) of subsection (b) to an organization or team shall not terminate by
reason that the organization or team, after having satisfied the
conditions in paragraph (3) of such subsection when it began to
participate in a demonstration project under this section, ceases to
meet one or both of the conditions set forth in subparagraph (A) of
such paragraph (3) as a result of a reorganization, restructuring,
realignment, consolidation, or other organizational change.
``(e) Assessments.--(1) The Secretary of Defense shall designate an
independent organization to conduct two assessments of the acquisition
workforce demonstration project described in subsection (a).
``(2) Each such assessment shall include the following:
``(A) A description of the workforce included in the project.
``(B) An explanation of the flexibilities used in the project
to appoint individuals to the acquisition workforce and whether
those appointments are based on competitive procedures and
recognize veteran's preferences.
``(C) An explanation of the flexibilities used in the project
to develop a performance appraisal system that recognizes
excellence in performance and offers opportunities for improvement.
``(D) The steps taken to ensure that such system is fair and
transparent for all employees in the project.
``(E) How the project allows the organization to better meet
mission needs.
``(F) An analysis of how the flexibilities in subparagraphs (B)
and (C) are used, and what barriers have been encountered that
inhibit their use.
``(G) Whether there is a process for--
``(i) ensuring ongoing performance feedback and dialogue
among supervisors, managers, and employees throughout the
performance appraisal period; and
``(ii) setting timetables for performance appraisals.
``(H) The project's impact on career progression.
``(I) The project's appropriateness or inappropriateness in
light of the complexities of the workforce affected.
``(J) The project's sufficiency in terms of providing
protections for diversity in promotion and retention of personnel.
``(K) The adequacy of the training, policy guidelines, and
other preparations afforded in connection with using the project.
``(L) Whether there is a process for ensuring employee
involvement in the development and improvement of the project.
``(3) The first assessment under this subsection shall be completed
not later than September 30, 2012. The second and final assessment
shall be completed not later than September 30, 2016. The Secretary
shall submit to the covered congressional committees a copy of each
assessment within 30 days after receipt by the Secretary of the
assessment.
``(f) Covered Congressional Committees.--In this section, the term
`covered congressional committees' means--
``(1) the Committees on Armed Services of the Senate and the
House of Representatives;
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(3) the Committee on Oversight and Government Reform of the
House of Representatives.
``(g) Termination of Authority.--The authority to conduct a
demonstration program under this section shall terminate on September
30, 2017.
``(h) Conversion.--Within 6 months after the authority to conduct a
demonstration project under this section is terminated as provided in
subsection (g), employees in the project shall convert to the civilian
personnel system created pursuant to section 9902 of title 5.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter V of chapter 87 of title 10, United States Code, is
amended by inserting after the item relating to section 1761 the
following new item:
``1762. Demonstration project relating to certain acquisition personnel
management policies and procedures.''.
(b) Conforming Repeal.--Section 4308 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C.
1701 note) is repealed.
SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILITARY PERSONNEL IN
THE ACQUISITION WORKFORCE.
(a) Career Paths.--
(1) Amendment.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1722a the following new section:
``Sec. 1722b. Special requirements for civilian employees in the
acquisition field
``(a) Requirement for Policy and Guidance Regarding Civilian
Personnel in Acquisition.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
shall establish policies and issue guidance to ensure the proper
development, assignment, and employment of civilian members of the
acquisition workforce to achieve the objectives specified in subsection
(b).
``(b) Objectives.--Policies established and guidance issued
pursuant to subsection (a) shall ensure, at a minimum, the following:
``(1) A career path in the acquisition field that attracts the
highest quality civilian personnel, from either within or outside
the Federal Government.
``(2) A deliberate workforce development strategy that
increases attainment of key experiences that contribute to a highly
qualified acquisition workforce.
``(3) Sufficient opportunities for promotion and advancement in
the acquisition field.
``(4) A sufficient number of qualified, trained members
eligible for and active in the acquisition field to ensure adequate
capacity, capability, and effective succession for acquisition
functions, including contingency contracting, of the Department of
Defense.
``(5) A deliberate workforce development strategy that ensures
diversity in promotion, advancement, and experiential opportunities
commensurate with the general workforce outlined in this section.
``(c) Inclusion of Information in Annual Report.--The Secretary of
Defense shall include in the report to Congress required under section
115b(d) of this title the following information related to the
acquisition workforce for the period covered by the report (which shall
be shown for the Department of Defense as a whole and separately for
the Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office
of the Secretary of Defense):
``(1) The total number of persons serving in the Acquisition
Corps, set forth separately for members of the armed forces and
civilian employees, by grade level and by functional specialty.
``(2) The total number of critical acquisition positions held,
set forth separately for members of the armed forces and civilian
employees, by grade level and by other appropriate categories
(including by program manager, deputy program manager, and division
head positions), including average length of time served in each
position. For each such category, the report shall specify the
number of civilians holding such positions compared to the total
number of positions filled.
``(3) The number of employees to whom the requirements of
subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this title
did not apply because of the exceptions provided in paragraphs (1)
and (2) of section 1732(c) of this title, set forth separately by
type of exception.
``(4) The number of times a waiver authority was exercised
under section 1724(d), 1732(d), 1734(d), or 1736(c) of this title
or any other provision of this chapter (or other provision of law)
which permits the waiver of any requirement relating to the
acquisition workforce, and in the case of each such authority, the
reasons for exercising the authority. The Secretary may present the
information provided under this paragraph by category or grouping
of types of waivers and reasons.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter II of chapter 87 of such title is amended by
inserting after the item relating to section 1722a the following
new item:
``1722b. Special requirements for civilian employees in the acquisition
field.''.
(b) Career Education and Training.--Section 1723 of such title is
amended by redesignating subsection (b) as subsection (c) and inserting
after subsection (a) the following new subsection:
``(b) Career Path Requirements.--For each career path, the
Secretary of Defense, acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall establish requirements
for the completion of course work and related on-the-job training and
demonstration of qualifications in the critical acquisition-related
duties and tasks of the career path. The Secretary of Defense, acting
through the Under Secretary, shall also--
``(1) encourage individuals in the acquisition workforce to
maintain the currency of their acquisition knowledge and generally
enhance their knowledge of related acquisition management
disciplines through academic programs and other self-developmental
activities; and
``(2) develop key work experiences, including the creation of a
program sponsored by the Department of Defense that facilitates the
periodic interaction between individuals in the acquisition
workforce and the end user in such end user's environment to
enhance the knowledge base of such workforce, for individuals in
the acquisition workforce so that the individuals may gain in-depth
knowledge and experience in the acquisition process and become
seasoned, well-qualified members of the acquisition workforce.''.
SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS.
(a) Continuing Education.--Section 1723 of title 10, United States
Code, as amended by section 873, is further amended by amending
subsection (a) to read as follows:
``(a) Qualification Requirements.--(1) The Secretary of Defense
shall establish education, training, and experience requirements for
each acquisition position, based on the level of complexity of duties
carried out in the position. In establishing such requirements, the
Secretary shall ensure the availability and sufficiency of training in
all areas of acquisition, including additional training courses with an
emphasis on services contracting, market research strategies (including
assessments of local contracting capabilities), long-term sustainment
strategies, information technology, and rapid acquisition.
``(2) In establishing such requirements for positions other than
critical acquisition positions designated pursuant to section 1733 of
this title, the Secretary may state the requirements by categories of
positions.
``(3) The Secretary of Defense, acting through the Under Secretary
of Defense for Acquisition, Technology, and Logistics, shall establish
requirements for continuing education and periodic renewal of an
individual's certification. Any requirement for a certification renewal
shall not require a renewal more often than once every five years.''.
(b) Standards for Training.--
(1) In general.--Subchapter IV of Chapter 87 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 1748. Fulfillment standards for acquisition workforce training
``The Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition, Technology, and Logistics, shall develop
fulfillment standards, and implement and maintain a program, for
purposes of the training requirements of sections 1723, 1724, and 1735
of this title. Such fulfillment standards shall consist of criteria for
determining whether an individual has demonstrated competence in the
areas that would be taught in the training courses required under those
sections. If an individual meets the appropriate fulfillment standard,
the applicable training requirement is fulfilled.''.
(2) Clerical amendment.--The table of sections at the beginning
of such subchapter is amended by adding at the end the following
new item:
``1748. Fulfillment standards for acquisition workforce training.''.
(3) Deadline for fulfillment standards.--The fulfillment
standards required under section 1748 of title 10, United States
Code, as added by paragraph (1), shall be developed not later than
270 days after the date of the enactment of this Act.
(4) Conforming repeal.--Section 853 of Public Law 105-85 (111
Stat. 1851) is repealed.
SEC. 875. INFORMATION TECHNOLOGY ACQUISITION WORKFORCE.
(a) Plan Required.--The Secretary of Defense shall develop and
carry out a plan to strengthen the part of the acquisition workforce
that specializes in information technology. The plan shall include the
following:
(1) Defined targets for billets devoted to information
technology acquisition.
(2) Specific certification requirements for individuals in the
acquisition workforce who specialize in information technology
acquisition.
(3) Defined career paths for individuals in the acquisition
workforce who specialize in information technology acquisitions.
(b) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
provided such term in section 11101 of title 40, United States
Code, and includes information technology incorporated into a major
weapon system.
(2) The term ``major weapon system'' has the meaning provided
such term in section 2379(f) of title 10, United States Code.
(c) Deadline.--The Secretary of Defense shall develop the plan
required under this section not later than 270 days after the date of
the enactment of this Act.
SEC. 876. DEFINITION OF ACQUISITION WORKFORCE.
Section 101(a) of title 10, United States Code, is amended by
inserting after paragraph (17) the following new paragraph:
``(18) The term `acquisition workforce' means the persons
serving in acquisition positions within the Department of Defense,
as designated pursuant to section 1721(a) of this title.''.
SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.
(a) Curriculum Review.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall lead a review of the
curriculum offered by the Defense Acquisition University to ensure it
adequately supports the training and education requirements of
acquisition professionals, particularly in service contracting, long
term sustainment strategies, information technology, and rapid
acquisition. The review shall also involve the service acquisition
executives of each military department.
(b) Analysis of Funding Requirements for Training.--Following the
review conducted under subsection (a), the Secretary of Defense shall
analyze the most recent future-years defense program to determine the
amounts of estimated expenditures and proposed appropriations necessary
to support the training requirements of the amendments made by section
874, including any new training requirements determined after the
review conducted under subsection (a). The Secretary shall identify any
additional funding needed for such training requirements in the
separate chapter on the defense acquisition workforce required in the
next annual strategic workforce plan under 115b of title 10, United
States Code.
(c) Requirement for Ongoing Curriculum Development With Certain
Schools.--
(1) Requirement.--Section 1746 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(c) Curriculum Development.--The President of the Defense
Acquisition University shall work with the relevant professional
schools and degree-granting institutions of the Department of Defense
and military departments to ensure that best practices are used in
curriculum development to support acquisition workforce positions.''.
(2) Amendment to section heading.--(A) The heading of section
1746 of such title is amended to read as follows:
``Sec. 1746. Defense Acquisition University''.
(B) The item relating to section 1746 in the table of sections
at the beginning of subchapter IV of chapter 87 of such title is
amended to read as follows:
``1746. Defense Acquisition University.''.
PART III--FINANCIAL MANAGEMENT
SEC. 881. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE DEPARTMENT
OF DEFENSE.
(a) Interim Milestones.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense
(Comptroller), in consultation with the Deputy Chief Management
Officer of the Department of Defense, the secretaries of the
military departments, and the heads of the defense agencies and
defense field activities, shall establish interim milestones for
achieving audit readiness of the financial statements of the
Department of Defense, consistent with the requirements of section
1003 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(2) Matters included.--The interim milestones established
pursuant to paragraph (1) shall include, at a minimum, for each
military department and for the defense agencies and defense field
activities--
(A) an interim milestone for achieving audit readiness for
each major element of the statement of budgetary resources,
including civilian pay, military pay, supply orders, contracts,
and funds balance with the Treasury; and
(B) an interim milestone for addressing the existence and
completeness of each major category of Department of Defense
assets, including military equipment, real property, inventory,
and operating material and supplies.
(3) Description in semiannual reports.--The Under Secretary
shall describe each interim milestone established pursuant to
paragraph (1) in the next semiannual report submitted pursuant to
section 1003(b) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222
note). Each subsequent semiannual report submitted pursuant to
section 1003(b) shall explain how the Department has progressed
toward meeting such interim milestones.
(b) Valuation of Department of Defense Assets.--
(1) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense (Comptroller)
shall, in consultation with other appropriate Federal agencies and
officials--
(A) examine the costs and benefits of alternative
approaches to the valuation of Department of Defense assets;
(B) select an approach to such valuation that is consistent
with principles of sound financial management and the
conservation of taxpayer resources; and
(C) begin the preparation of a business case analysis
supporting the selected approach.
(2) The Under Secretary shall include information on the
alternatives considered, the selected approach, and the business
case analysis supporting that approach in the next semiannual
report submitted pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2439; 10 U.S.C. 2222 note).
(c) Remedial Actions Required.--In the event that the Department of
Defense, or any component of the Department of Defense, is unable to
meet an interim milestone established pursuant to subsection (a), the
Under Secretary of Defense (Comptroller) shall--
(1) develop a remediation plan to ensure that--
(A) the component will meet the interim milestone no more
than one year after the originally scheduled date; and
(B) the component's failure to meet the interim milestone
will not have an adverse impact on the Department's ability to
carry out the plan under section 1003(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note); and
(2) include in the next semiannual report submitted pursuant to
section 1003(b) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222
note)--
(A) a statement of the reasons why the Department of
Defense, or component of the Department of Defense, will be
unable to meet such interim milestone;
(B) the revised completion date for meeting such interim
milestone; and
(C) a description of the actions that have been taken and
are planned to be taken by the Department of Defense, or
component of the Department of Defense, to meet such interim
milestone.
(d) Incentives for Achieving Auditability.--
(1) Review required.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall review options for providing appropriate
incentives to the military departments, Defense Agencies, and
defense field activities to ensure that financial statements are
validated as ready for audit earlier than September 30, 2017.
(2) Options reviewed.--The review performed pursuant to
paragraph (1) shall consider changes in policy that reflect the
increased confidence that can be placed in auditable financial
statements, and shall include, at a minimum, consideration of the
following options:
(A) Consistent with the need to fund urgent warfighter
requirements and operational needs, priority in the release of
appropriated funds.
(B) Relief from the frequency of financial reporting in
cases in which such reporting is not required by law.
(C) Relief from departmental obligation and expenditure
thresholds to the extent that such thresholds establish
requirements more restrictive than those required by law.
(D) Increases in thresholds for reprogramming of funds.
(E) Personnel management incentives for the financial and
business management workforce.
(F) Such other measures as the Under Secretary considers
appropriate.
(3) Report.--The Under Secretary shall include a discussion of
the review performed pursuant to paragraph (1) in the next
semiannual report pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2439; 10 U.S.C. 2222 note) and for each option considered
pursuant to paragraph (2) shall include--
(A) an assessment of the extent to which the implementation
of the option--
(i) would be consistent with the efficient operation of
the Department of Defense and the effective funding of
essential Department of Defense programs and activities;
and
(ii) would contribute to the achievement of Department
of Defense goals to prepare auditable financial statements;
and
(B) a recommendation on whether such option should be
adopted, a schedule for implementing the option if adoption is
recommended, or a reason for not recommending the option if
adoption is not recommended.
SEC. 882. REVIEW OF OBLIGATION AND EXPENDITURE THRESHOLDS.
(a) Process Review.--Not later than one year after the date of the
enactment of this Act, the Chief Management Officer of the Department
of Defense, in coordination with the Chief Management Officer of each
military department, the Director of the Office of Performance
Assessment and Root Cause Analysis, the Under Secretary of Defense
(Comptroller), and the Comptrollers of the military departments, shall
complete a comprehensive review of the use and value of obligation and
expenditure benchmarks and propose new benchmarks or processes for
tracking financial performance, including, as appropriate--
(1) increased reliance on individual obligation and expenditure
plans for measuring program financial performance;
(2) mechanisms to improve funding stability and to increase the
predictability of the release of funding for obligation and
expenditure; and
(3) streamlined mechanisms for a program manager to submit an
appeal for funding changes and to have such appeal evaluated
promptly.
(b) Training.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense
(Comptroller) shall ensure that, as part of the training required for
program managers and business managers, an emphasis is placed on
obligating and expending appropriated funds in a manner that achieves
the best value for the Government and that the purpose and limitations
of obligation and expenditure benchmarks are made clear.
(c) Report.--The Deputy Chief Management Officer of the Department
of Defense shall include a report on the results of the review under
this section in the next update of the strategic management plan
transmitted to the Committees on Armed Services of the Senate and the
House of Representatives under section 904(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
275; 10 U.S.C. note prec. 2201) after the completion of the review.
SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST OF DEPARTMENT OF
DEFENSE HEALTH CARE CONTRACTS.
(a) Report.--
(1) Requirement.--Not later than September 30, 2011, the
Comptroller General of the United States shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a detailed report on
the additional cost to the Department of Defense associated with
compliance with the Patient Protection and Affordable Care Act
(Public Law 111-148) and the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152).
(2) Matters covered.--The report required by paragraph (1)
shall include an estimate of--
(A) the additional costs, if any, incurred on health care
contracts to comply with such Acts; and
(B) any other additional costs to the Department of Defense
to comply with such Acts.
(b) Health Care Contract Defined.--In this section, the term
``health care contract'' means a contract awarded by the Department of
Defense in an amount greater than the simplified acquisition threshold
for the acquisition of any of the following:
(1) Medical supplies.
(2) Health care services and administration, including the
services of medical personnel.
(3) Durable medical equipment.
(4) Pharmaceuticals.
(5) Health care-related information technology.
PART IV--INDUSTRIAL BASE
SEC. 891. EXPANSION OF THE INDUSTRIAL BASE.
(a) Program To Expand Industrial Base Required.--The Secretary of
Defense shall establish a program to expand the industrial base of the
Department of Defense to increase the Department's access to innovation
and the benefits of competition.
(b) Identifying and Communicating With Firms That Are Not
Traditional Suppliers.--The program established under subsection (a)
shall use tools and resources available within the Federal Government
and available from the private sector to provide a capability for
identifying and communicating with firms that are not traditional
suppliers, including commercial firms and firms of all business sizes,
that are engaged in markets of importance to the Department of Defense
in which such firms can make a significant contribution.
(c) Outreach to Local Firms Near Defense Installations.--The
program established under subsection (a) shall include outreach, using
procurement technical assistance centers, to firms of all business
sizes in the vicinity of Department of Defense installations regarding
opportunities to obtain contracts and subcontracts to perform work at
such installations.
(d) Industrial Base Review.--The program established under
subsection (a) shall include a continuous effort to review the
industrial base supporting the Department of Defense, including the
identification of markets of importance to the Department of Defense in
which firms that are not traditional suppliers can make a significant
contribution.
(e) Firms That Are Not Traditional Suppliers.--For purposes of this
section, a firm is not a traditional supplier of the Department of
Defense if it does not currently have contracts and subcontracts to
perform work for the Department of Defense with a total combined value
in excess of $500,000.
(f) Procurement Technical Assistance Center.--In this section, the
term ``procurement technical assistance center'' means a center
operating under a cooperative agreement with the Defense Logistics
Agency to provide procurement technical assistance pursuant to the
authority provided in chapter 142 of title 10, United States Code.
SEC. 892. PRICE TREND ANALYSIS FOR SUPPLIES AND EQUIPMENT PURCHASED
BY THE DEPARTMENT OF DEFENSE.
(a) Price Trend Analysis Procedures.--
(1) In general.--The Secretary of Defense shall develop and
implement procedures that, to the maximum extent practicable,
provide for the collection and analysis of information on price
trends for covered supplies and equipment purchased by the
Department of Defense. The procedures shall include an automated
process for identifying categories of covered supplies and
equipment described in paragraph (2) that have experienced
significant escalation in prices.
(2) Category of covered supplies and equipment.--A category of
covered supplies and equipment referred to in paragraph (1)
consists of covered supplies and equipment that have the same
National Stock Number, are in a single Federal Supply Group or
Federal Supply Class, are provided by a single contractor, or are
otherwise logically grouped for the purpose of analyzing
information on price trends.
(3) Requirement to examine causes of escalation.--An analysis
conducted pursuant to paragraph (1) shall include, for any category
in which significant escalation in prices is identified, a more
detailed examination of the causes of escalation for such prices
within the category and whether such price escalation is consistent
across the Department of Defense.
(4) Requirement to address unjustified escalation.--The head of
a Defense Agency or the Secretary of a military department shall
take appropriate action to address any unjustified escalation in
prices being paid for items procured by that agency or military
department as identified in an analysis conducted pursuant to
paragraph (1).
(b) Annual Report.--Not later than April 1 of each year, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the analyses of price trends that were
conducted for categories of covered supplies and equipment during the
preceding fiscal year under the procedures implemented pursuant to
paragraph (1). The report shall include a description of the actions
taken to identify and address any unjustified price escalation for the
categories of items.
(c) Definitions.--In this section:
(1) Supplies and equipment.--The term ``supplies and
equipment'' means items classified as supplies and equipment under
the Federal Supply Classification System.
(2) Covered supplies and equipment.--The term ``covered
supplies and equipment'' means all supplies and equipment purchased
by the Department of Defense. The term does not include major
weapon systems but does include individual parts and components
purchased as spare or replenishment parts for such weapon systems.
(d) Sunset Date.--This section shall not be in effect on and after
April 1, 2015.
SEC. 893. CONTRACTOR BUSINESS SYSTEMS.
(a) Improvement Program.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall develop and
initiate a program for the improvement of contractor business systems
to ensure that such systems provide timely, reliable information for
the management of Department of Defense programs by the contractor and
by the Department.
(b) Approval or Disapproval of Business Systems.--The program
developed pursuant to subsection (a) shall--
(1) include system requirements for each type of contractor
business system covered by the program;
(2) establish a process for reviewing contractor business
systems and identifying significant deficiencies in such systems;
(3) identify officials of the Department of Defense who are
responsible for the approval or disapproval of contractor business
systems;
(4) provide for the approval of any contractor business system
that does not have a significant deficiency; and
(5) provide for--
(A) the disapproval of any contractor business system that
has a significant deficiency; and
(B) reduced reliance on, and enhanced scrutiny of, data
provided by a contractor business system that has been
disapproved.
(c) Remedial Actions.--The program developed pursuant to subsection
(a) shall provide the following:
(1) In the event a contractor business system is disapproved
pursuant to subsection (b)(5), appropriate officials of the
Department of Defense will be available to work with the contractor
to develop a corrective action plan defining specific actions to be
taken to address the significant deficiencies identified in the
system and a schedule for the implementation of such actions.
(2) An appropriate official of the Department of Defense may
withhold up to 10 percent of progress payments, performance-based
payments, and interim payments under covered contracts from a
covered contractor, as needed to protect the interests of the
Department and ensure compliance, if one or more of the contractor
business systems of the contractor has been disapproved pursuant to
subsection (b)(5) and has not subsequently received approval.
(3) The amount of funds to be withheld under paragraph (2)
shall be reduced if a contractor adopts an effective corrective
action plan pursuant to paragraph (1) and is effectively
implementing such plan.
(d) Guidance and Training.--The program developed pursuant to
subsection (a) shall provide guidance and training to appropriate
government officials on the data that is produced by contractor
business systems and the manner in which such data should be used to
effectively manage Department of Defense programs.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit an official of the Department of Defense from
reviewing, approving, or disapproving a contractor business system
pursuant to any applicable law or regulation in force as of the date of
the enactment of this Act during the period between the date of the
enactment of this Act and the date on which the Secretary implements
the requirements of this section with respect to such system.
(f) Definitions.--In this section:
(1) The term ``contractor business system'' means an accounting
system, estimating system, purchasing system, earned value
management system, material management and accounting system, or
property management system of a contractor.
(2) The term ``covered contractor'' means a contractor that is
subject to the cost accounting standards under section 26 of the
Office of Federal Procurement Policy Act (41 U.S.C. 422).
(3) The term ``covered contract'' means a cost-reimbursement
contract, incentive-type contract, time-and-materials contract, or
labor-hour contract that could be affected if the data produced by
a contractor business system has a significant deficiency.
(4) The term ``significant deficiency'', in the case of a
contractor business system, means a shortcoming in the system that
materially affects the ability of officials of the Department of
Defense and the contractor to rely upon information produced by the
system that is needed for management purposes.
(g) Defense Contract Audit Agency Legal Resources and Expertise.--
(1) Requirement.--The Secretary of Defense shall ensure that--
(A) the Defense Contract Audit Agency has sufficient legal
resources and expertise to conduct its work in compliance with
applicable Department of Defense policies and procedures; and
(B) such resources and expertise are provided in a manner
that is consistent with the audit independence of the Defense
Contract Audit Agency.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the steps taken to comply with the requirements of this
subsection.
SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMINATING BARRIERS TO
CONTRACTING WITH THE DEPARTMENT OF DEFENSE.
(a) Review and Recommendations.--The Secretary of Defense, acting
through the Director of Small Business Programs in the Department of
Defense, shall review barriers to firms that are not traditional
suppliers to the Department of Defense wishing to contract with the
Department of Defense and its defense supply centers and develop a set
of recommendations on the elimination of such barriers. The Director
shall identify and consult with a wide range of firms that are not
traditional suppliers to the Department of Defense for the purpose of
identifying such barriers and developing such recommendations.
(b) Definition.--For the purposes of this section, a firm is not a
traditional supplier of the Department of Defense if it does not
currently have contracts and subcontracts to perform work for the
Department of Defense with a total combined value in excess of
$500,000.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report summarizing the findings and recommendations of the
review conducted pursuant to this section.
SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES AND INFORMATION
TECHNOLOGY IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Revised Definitions.--Section 2500 of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``or maintenance'' and
inserting ``integration, services, or information technology'';
(2) in paragraph (4), by striking ``or production'' and
inserting ``production, integration, services, or information
technology'';
(3) in paragraph (9)(A), by striking ``and manufacturing'' and
inserting ``manufacturing, integration, services, and information
technology''; and
(4) by adding at the end the following new paragraph:
``(15) The term `integration' means the process of providing
systems engineering and technical direction for a system for the
purpose of achieving capabilities that satisfy program
requirements.''.
(b) Revised Objectives.--Section 2501(a) of such title is amended--
(1) in paragraph (1), by striking ``Supplying and equipping''
and inserting ``Supplying, equipping, and supporting'';
(2) in paragraph (2), by striking ``and logistics for'' and
inserting ``logistics, and other activities in support of'';
(3) in paragraph (4), by striking ``and produce'' and inserting
``, produce, and support''; and
(4) by redesignating paragraph (6) as paragraph (8) and
inserting after paragraph (5) the following new paragraphs:
``(6) Providing for the generation of services capabilities
that are not core functions of the armed forces and that are
critical to military operations within the national technology and
industrial base.
``(7) Providing for the development, production, and
integration of information technology within the national
technology and industrial base.''.
(c) Revised Assessments.--Section 2505(b)(4) of such title is
amended by inserting after ``of this title)'' the following ``or major
automated information system programs (as defined in section 2445a of
this title)''.
(d) Revised Policy Guidance.--Section 2506(a) of such title is
amended by striking ``budget allocation, weapons'' and inserting
``strategy, management, budget allocation,''.
SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING
AND INDUSTRIAL BASE POLICY; INDUSTRIAL BASE FUND.
(a) Deputy Assistant Secretary of Defense.--Chapter 7 of title 10,
United States Code, is amended by inserting after section 139d the
following new section:
``Sec. 139e. Deputy Assistant Secretary of Defense for Manufacturing
and Industrial Base Policy
``(a) Appointment.--There is a Deputy Assistant Secretary of
Defense for Manufacturing and Industrial Base Policy, who shall be
appointed by the Under Secretary of Defense for Acquisition,
Technology, and Logistics and shall report to the Under Secretary.
``(b) Responsibilities.--The Deputy Assistant Secretary of Defense
for Manufacturing and Industrial Base Policy shall be the principal
advisor to the Under Secretary of Defense for Acquisition, Technology,
and Logistics in the performance of the Under Secretary's duties
relating to the following:
``(1) Providing input on industrial base matters to strategy
reviews, including quadrennial defense reviews conducted pursuant
to section 118 of this title.
``(2) Establishing policies of the Department of Defense for
maintenance of the defense industrial base of the United States.
``(3) Providing recommendations to the Under Secretary on
budget matters pertaining to the industrial base.
``(4) Providing recommendations to the Under Secretary on
supply chain management and supply chain vulnerability.
``(5) Providing input on industrial base matters to defense
acquisition policy guidance.
``(6) Establishing the national security objectives concerning
the national technology and industrial base required under section
2501 of this title.
``(7) Executing the national defense program for analysis of
the national technology and industrial base required under section
2503 of this title.
``(8) Performing the national technology and industrial base
periodic defense capability assessments required under section 2505
of this title.
``(9) Establishing the technology and industrial base policy
guidance required under section 2506 of this title.
``(10) Executing the authorities of the Manufacturing
Technology Program under section 2521 of this title.
``(11) Carrying out the activities of the Department of Defense
relating to the Defense Production Act Committee established under
section 722 of the Defense Production Act of 1950 (50 U.S.C. App.
2171).
``(12) Consistent with section 2(b) of the Defense Production
Act of 1950 (50 U.S.C. App. 2062(b)), executing other applicable
authorities provided under the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), including authorities under titles I and
II of such Act.
``(13) Establishing policies related to international
technology security and export control issues.
``(14) Establishing policies related to industrial independent
research and development programs under section 2372 of this title.
``(15) Such other duties as are assigned by the Under
Secretary.
``(c) Rule of Construction.--Nothing in subsection (b)(9) may be
construed to limit the authority or modify the policies of the
Committee on Foreign Investment in the United States established under
section 721(k) of the Defense Production Act of 1950 (50 U.S.C. App.
2170(k)).''.
(b) Industrial Base Fund.--
(1) In general.--Chapter 148 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2508. Industrial Base Fund
``(a) Establishment.--The Secretary of Defense shall establish an
Industrial Base Fund (in this section referred to as the `Fund').
``(b) Control of Fund.--The Fund shall be under the control of the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
acting through the Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy.
``(c) Amounts in Fund.--The Fund shall consist of amounts
appropriated or otherwise made available to the Fund.
``(d) Use of Fund.--Subject to subsection (e), the Fund shall be
used--
``(1) to support the monitoring and assessment of the
industrial base required by this chapter;
``(2) to address critical issues in the industrial base
relating to urgent operational needs;
``(3) to support efforts to expand the industrial base; and
``(4) to address supply chain vulnerabilities.
``(e) Use of Fund Subject to Appropriations.--The authority of the
Secretary of Defense to use the Fund under this section in any fiscal
year is subject to the availability of appropriations for that purpose.
``(f) Expenditures.--The Secretary shall establish procedures for
expending monies in the Fund in support of the uses identified in
subsection (d), including the following:
``(1) Direct obligations from the Fund.
``(2) Transfers of monies from the Fund to relevant
appropriations of the Department of Defense.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``2508. Industrial Base Fund.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational Environmental
Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber events.
Subtitle E--Other Matters
Sec. 941. Two-year extension of authorities relating to temporary waiver
of reimbursement of costs of activities for nongovernmental
personnel at Department of Defense Regional Centers for
Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.
Subtitle A--Department of Defense Management
SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE TO
CARRY OUT REDUCTION REQUIRED BY LAW IN NUMBER OF DEPUTY UNDER
SECRETARIES OF DEFENSE.
(a) Redesignation of Certain Positions in Office of Secretary of
Defense.--
(1) Redesignation.--Positions in the Office of the Secretary of
Defense are hereby redesignated as follows:
(A) The Director of Defense Research and Engineering is
redesignated as the Assistant Secretary of Defense for Research
and Engineering.
(B) The Director of Operational Energy Plans and Programs
is redesignated as the Assistant Secretary of Defense for
Operational Energy Plans and Programs.
(C) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs is redesignated as
the Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.
(2) References.--Any reference in any law, rule, regulation,
paper, or other record of the United States to an office of the
Department of Defense redesignated by paragraph (1) shall be deemed
to be a reference to such office as so redesignated.
(b) Amendments to Chapter 4 of Title 10 Relating to
Reorganization.--
(1) Repeal of separate principal deputy under secretary of
defense provisions.--Sections 133a, 134a, and 136a of title 10,
United States Code, are repealed.
(2) Components of osd.--Subsection (b) of section 131 of such
title is amended to read as follows:
``(b) The Office of the Secretary of Defense is composed of the
following:
``(1) The Deputy Secretary of Defense.
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel and
Readiness.
``(E) The Under Secretary of Defense for Intelligence.
``(3) The Deputy Chief Management Officer of the Department of
Defense.
``(4) Other officers who are appointed by the President, by and
with the advice and consent of the Senate, and who report directly
to the Secretary and Deputy Secretary without intervening
authority, as follows:
``(A) The Director of Cost Assessment and Program
Evaluation.
``(B) The Director of Operational Test and Evaluation.
``(C) The General Counsel of the Department of Defense.
``(D) The Inspector General of the Department of Defense.
``(5) The Principal Deputy Under Secretaries of Defense.
``(6) The Assistant Secretaries of Defense.
``(7) Other officials provided for by law, as follows:
``(A) The Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation appointed pursuant to section
139b(a) of this title.
``(B) The Deputy Assistant Secretary of Defense for Systems
Engineering appointed pursuant to section 139b(b) of this
title.
``(C) The Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy appointed pursuant to
section 139c of this title.
``(D) The Director of Small Business Programs appointed
pursuant to section 144 of this title.
``(E) The official designated under section 1501(a) of this
title to have responsibility for Department of Defense matters
relating to missing persons as set forth in section 1501 of
this title.
``(F) The Director of Family Policy under section 1781 of
this title.
``(G) The Director of the Office of Corrosion Policy and
Oversight assigned pursuant to section 2228(a) of this title.
``(H) The official designated under section 2438(a) of this
title to have responsibility for conducting and overseeing
performance assessments and root cause analyses for major
defense acquisition programs.
``(8) Such other offices and officials as may be established by
law or the Secretary of Defense may establish or designate in the
Office.''.
(3) Principal deputy under secretaries of defense.--Section
137a of such title is amended--
(A) in subsections (a)(1), (b), and (d), by striking
``Deputy Under'' and inserting ``Principal Deputy Under'';
(B) in subsection (a)(2), by striking ``(A) The'' and all
that follows through ``(5) of subsection (c)'' and inserting
``The Principal Deputy Under Secretaries of Defense'';
(C) in subsection (c)--
(i) in paragraphs (1), (2), (3), (4), and (5), by
striking ``One of the Deputy'' and inserting ``One of the
Principal Deputy'';
(ii) in paragraphs (1), (2), and (3), by striking
``appointed'' and all that follows through ``this title'';
(iii) in paragraphs (4) and (5), by striking ``shall
be'' and inserting ``is''; and
(iv) in paragraph (5), by inserting before the period
at the end the following: ``, who shall be appointed from
among persons who have extensive expertise in intelligence
matters''; and
(D) in subsection (d), by adding at the end the following
new sentence: ``The Principal Deputy Under Secretaries shall
take precedence among themselves in the order prescribed by the
Secretary of Defense.''.
(4) Assistant secretaries of defense generally.--Section 138 of
such title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``12'' and inserting
``16''; and
(ii) in paragraph (2), by striking ``(A) The'' and all
that follows through ``The other'' and inserting ``The'';
(B) in subsection (b)--
(i) in paragraphs (2), (3), (4), (5), and (6), by
striking ``shall be'' and inserting ``is'';
(ii) in paragraph (7), by striking ``appointed pursuant
to section 138a of this title''; and
(iii) by adding at the end the following new
paragraphs:
``(8) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Research and Engineering. In addition to
any duties and powers prescribed under paragraph (1), the Assistant
Secretary of Defense for Research and Engineering shall have the
duties specified in section 138b of this title.
``(9) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Operational Energy Plans and Programs. In
addition to any duties and powers prescribed under paragraph (1),
the Assistant Secretary of Defense for Operational Energy Plans and
Programs shall have the duties specified in section 138c of this
title.
``(10) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Nuclear, Chemical, and Biological Defense
Programs. In addition to any duties and powers prescribed under
paragraph (1), the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs shall have the duties
specified in section 138d of this title.''; and
(C) in subsection (d), by striking ``and the Director of
Defense Research and Engineering'' and inserting ``the Deputy
Chief Management Officer of the Department of Defense, the
officials serving in positions specified in section 131(b)(4)
of this title, and the Principal Deputy Under Secretaries of
Defense''.
(5) Assistant secretary for logistics and materiel readiness.--
Section 138a(a) of such title is amended--
(A) by striking ``There is a'' and inserting ``The''; and
(B) by striking ``, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
The Assistant Secretary''.
(6) Assistant secretary for research and engineering.--Section
139a of such title is transferred so as to appear after section
138a, redesignated as section 138b, and amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(C) in subsection (a), as so redesignated, by striking
``Director of Defense Research and Engineering'' and inserting
``Assistant Secretary of Defense for Research and
Engineering''; and
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking ``Director of Defense
Research and Engineering,'' and inserting ``Assistant
Secretary of Defense for Research and Engineering,''; and
(ii) in paragraph (2), by striking ``Director'' and
inserting ``Assistant Secretary''.
(7) Assistant secretary for operational energy plans and
programs.--Section 139b of such title is transferred so as to
appear after section 138b (as transferred and redesignated by
paragraph (6)), redesignated as section 138c, and amended--
(A) in subsection (a), by striking ``There is a'' and all
that follows through ``The Director'' and inserting ``The
Assistant Secretary of Defense for Operational Energy Plans and
Programs'';
(B) by striking ``Director'' each place it appears and
inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than'' and all that follows
through ``military departments'' and inserting ``The
Secretary of each military department'';
(ii) by striking ``who will'' and inserting ``who
shall''; and
(iii) by inserting ``so designated'' after ``The
officials''; and
(D) in subsection (d)(4), by striking ``The initial'' and
all that follows through ``updates to the strategy'' and
inserting ``Updates to the strategy required by paragraph
(1)''.
(8) Assistant secretary for nuclear, chemical, and biological
defense programs.--Section 142 of such title is transferred so as
to appear after section 138c (as redesignated and transferred by
paragraph (7)), redesignated as section 138d, and amended--
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection (a) and
in that subsection, as so redesignated, by striking ``The
Assistant to the Secretary'' and inserting ``The Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs''; and
(C) by striking subsection (c) and inserting the following
new subsection (b):
``(b) The Assistant Secretary may communicate views on issues
within the responsibility of the Assistant Secretary directly to the
Secretary of Defense and the Deputy Secretary of Defense without
obtaining the approval or concurrence of any other official within the
Department of Defense.''.
(c) Deputy Chief Management Officer.--
(1) In general.--Chapter 4 of title 10, United States Code, is
further amended by inserting after section 132 the following new
section:
``Sec. 132a. Deputy Chief Management Officer
``(a) Appointment.--There is a Deputy Chief Management Officer of
the Department of Defense, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
``(b) Responsibilities.--The Deputy Chief Management Officer
assists the Deputy Secretary of Defense in the Deputy Secretary's
capacity as Chief Management Officer of the Department of Defense under
section 132(c) of this title.
``(c) Precedence.--The Deputy Chief Management Officer takes
precedence in the Department of Defense after the Secretary of Defense,
the Deputy Secretary of Defense, the Secretaries of the military
departments, and the Under Secretaries of Defense.''.
(2) Conforming amendment.--Section 132(c) of such title is
amended by striking the second sentence.
(d) Senior Official Responsible for Performance Assessments and
Root Cause Analyses of MDAPs.--Section 103 of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1715; 10
U.S.C. 2430 note) is transferred to chapter 144 of title 10, United
States Code, inserted so as to appear after section 2437, redesignated
as section 2438, and amended--
(1) in subsection (b)(2), by striking ``section 2433a(a)(1) of
title 10, United States Code (as added by section 206(a) of this
Act)'' and inserting ``section 2433a(a)(1) of this title'';
(2) in subsection (b)(5)--
(A) by striking ``section 2433a of title 10, United States
Code (as so added)'' and inserting ``section 2433a of this
title''; and
(B) by striking ``prior to'' both places it appears and
inserting ``before'';
(3) in subsection (d), by striking ``section 2433a of title 10,
United States Code (as so added)'' and inserting ``section 2433a of
this title''; and
(4) in subsection (f), by striking ``beginning in 2010,''.
(e) Redesignation of DDTE as Deputy Assistant Secretary for
Developmental Test and Evaluation and DSE as Deputy Assistant Secretary
of Defense for Systems Engineering.--Section 139d of title 10, United
States Code, is amended--
(1) by striking ``Director of Developmental Test and
Evaluation'' each place it appears and inserting ``Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation'';
(2) by striking ``Director of Systems Engineering'' each place
it appears and inserting ``Deputy Assistant Secretary of Defense
for Systems Engineering'';
(3) in subsection (a)--
(A) by striking the subsection heading and inserting
``Deputy Assistant Secretary of Defense for Developmental Test
and Evaluation.--'';
(B) by striking ``Director'' each place it appears in
paragraphs (2), (3), and (6) and inserting ``Deputy Assistant
Secretary'';
(C) in paragraph (4), by striking the paragraph heading and
inserting ``Coordination with deputy assistant secretary of
defense for systems engineering.--'';
(D) in paragraph (5), by striking ``Director'' in the
matter preceding subparagraph (A) and inserting ``Deputy
Assistant Secretary''; and
(E) in paragraph (6), by striking ``Director's'' and
inserting ``Deputy Assistant Secretary's''; and
(4) in subsection (b)--
(A) by striking the subsection heading and inserting
``Deputy Assistant Secretary of Defense for Systems
Engineering.--'';
(B) by striking ``Director'' each place it appears in
paragraphs (2), (3), (5), and (6) and inserting ``Deputy
Assistant Secretary'';
(C) in paragraph (4), by striking the paragraph heading and
inserting ``Coordination with deputy assistant secretary of
defense for developmental test and evaluation.--''; and
(D) in paragraph (6), by striking ``Director's'' and
inserting ``Deputy Assistant Secretary's''.
(f) Reorganization of Certain Provisions Within Chapter 4 To
Account for Other Transfers of Provisions.--Chapter 4 of title 10,
United States Code, is further amended by redesignating sections 139c,
139d (as amended by subsection (e)), and 139e (as added by section 896
of this Act) as sections 139a, 139b, and 139c, respectively.
(g) Repeal of Statutory Requirement for Office for Missing
Personnel in OSD.--Section 1501(a) of title 10, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following: ``Responsibility for Missing Personnel.--'';
(2) in paragraph (1)--
(A) by striking ``establish within the Office of the
Secretary of Defense an office to have responsibility for
Department of Defense policy'' in the first sentence and
inserting ``designate within the Office of the Secretary of
Defense an official as the Deputy Assistant Secretary of
Defense for Prisoner of War/Missing Personnel Affairs to have
responsibility for Department of Defense matters'';
(B) by striking the second sentence;
(C) by striking ``of the office'' and inserting ``of the
official designated under this paragraph'';
(D) by striking ``and'' at the end of subparagraph (A);
(E) by redesignating subparagraph (B) as subparagraph (C);
and
(F) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) policy, control, and oversight of the program established
under section 1509 of this title, as well as the accounting for
missing persons (including locating, recovering, and identifying
missing persons or their remains after hostilities have ceased);
and'';
(3) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively;
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The official designated under paragraph (1) shall also
serve as the Director, Defense Prisoner of War/Missing Personnel
Office, as established under paragraph (6)(A), exercising
authority, direction, and control over that activity.''.
(5) in paragraph (3), as so redesignated--
(A) by striking ``of the office'' the first place it
appears; and
(B) by striking ``head of the office'' and inserting
``official designated under paragraph (1) and (2)'';
(6) in paragraph (4), as so redesignated--
(A) by striking ``office'' and inserting ``designated
official''; and
(B) by inserting after ``evasion)'' the following: ``and
for personnel accounting (including locating, recovering, and
identifying missing persons or their remains after hostilities
have ceased)'';
(7) in paragraph (5), as so redesignated, by striking
``office'' and inserting ``designated official''; and
(8) in paragraph (6), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting after ``(A)'' the following: ``The
Secretary of Defense shall establish an activity to account
for personnel who are missing or whose remains have not
been recovered from the conflict in which they were lost.
This activity shall be known as the Defense Prisoner of
War/Missing Personnel Office.''; and
(ii) by striking ``office'' both places it appears and
inserting ``activity'';
(B) in subparagraph (B)(i), by striking ``to the office''
and inserting ``activity'';
(C) in subparagraph (B)(ii)--
(i) by striking ``to the office'' and inserting
``activity''; and
(ii) by striking ``of the office'' and inserting ``of
the activity''; and
(D) in subparagraph (C), by striking ``office'' and
inserting ``activity''.
(h) Clarification of Head of Office for Family Policy.--Section
1781 of title 10, United States Code, is amended--
(1) in subsection (a), by striking the second sentence and
inserting the following new sentence: ``The office shall be headed
by the Director of Family Policy, who shall serve within the office
of the Under Secretary of Defense for Personnel and Readiness.'';
and
(2) by striking ``the Office'' each place it appears and
inserting ``the Director''.
(i) Modification of Statutory Limitation on Number of Deputy Under
Secretaries of Defense.--
(1) Delay in limitation on number of dusds.--Section 906(a)(2)
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2426; 10 U.S.C. 137a note) is amended
by striking ``January 1, 2011'' and inserting ``January 1, 2015''.
(2) Temporary authority for additional dusds.--During the
period beginning on the date of the enactment of this Act and
ending on January 1, 2015, the Secretary of Defense may, in the
Secretary's discretion, appoint not more than five Deputy Under
Secretaries of Defense in addition to the five Principal Deputy
Under Secretaries of Defense authorized by section 137a of title
10, United States Code (as amended by subsection (b)(3)).
(3) Report on plan for reorganization of osd.--
(A) Report required.--Not later than September 15, 2013,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report setting forth a plan for the realignment of the
organizational structure of the Office of the Secretary of
Defense to comply with the requirement of section 906(a)(2) of
the National Defense Authorization Act for Fiscal Year 2010, as
amended by paragraph (1).
(B) Elements.--In preparing the report required by
subparagraph (A), the Secretary shall consider, at a minimum,
the feasibility of taking the following actions on or before
January 1, 2015:
(i) A merger of the position of Deputy Under Secretary
of Defense (Installations and Environment) and the position
of Assistant Secretary of Defense for Operational Energy
Plans and Programs (as established in accordance with the
amendments made by subsection (b)(7)) into a single
Assistant Secretary position.
(ii) A realignment of positions within the Office of
the Under Secretary of Defense for Policy to eliminate the
position of Deputy Under Secretary of Defense (Strategy,
Plans, and Forces).
(j) Other Conforming Amendments to Title 10.--
(1) Section 179(c) of title 10, United States Code, is
amended--
(A) in paragraphs (2) and (3), by striking ``Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs'' and inserting ``Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs''; and
(B) in paragraph (3), by striking ``that Assistant to the
Secretary'' and inserting ``Assistant Secretary''.
(2) Section 2272 of such title is amended by striking
``Director of Defense Research and Engineering'' each place it
appears and inserting ``Assistant Secretary of Defense for Research
and Engineering''.
(3) Section 2365 of such title is amended--
(A) in subsection (a), by striking ``Director of Defense
Research and Engineering'' and inserting ``Assistant
Secretary'';
(B) in subsection (d)(1), by striking ``Director'' and
inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Director of Defense Research and
Engineering'' and inserting ``Assistant Secretary of
Defense for Research and Engineering''; and
(ii) by striking ``Director may'' and inserting
``Assistant Secretary may''; and
(D) in subsection (e), by striking ``Director'' and
inserting ``Assistant Secretary''.
(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 2517(a)
of such title are amended by striking ``Director of Defense
Research and Engineering'' and inserting ``Assistant Secretary of
Defense for Research and Engineering''.
(5) Section 2902(b) of such title is amended--
(A) in paragraph (1), by striking ``Deputy Under Secretary
of Defense for Science and Technology'' and inserting
``official within the Office of the Assistant Secretary of
Defense for Research and Engineering who is responsible for
science and technology''; and
(B) in paragraph (3), by striking ``Deputy Under Secretary
of Defense'' and inserting ``official within the Office of the
Under Secretary of Defense for Acquisition, Technology, and
Logistics who is''.
(k) Section Heading and Clerical Amendments.--
(1) Section heading amendments.--
(A) The heading of section 137a of title 10, United States
Code, is amended to read as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
(B) The heading of section 138b of such title, as
transferred and redesignated by subsection (b)(6), is amended
to read as follows:
``Sec. 138b. Assistant Secretary of Defense for Research and
Engineering''.
(C) The heading of section 138c of such title, as
transferred and redesignated by subsection (b)(7), is amended
to read as follows:
``Sec. 138c. Assistant Secretary of Defense for Operational Energy
Plans and Programs''.
(D) The heading of section 138d of such title, as
transferred and redesignated by subsection (b)(8), is amended
to read as follows:
``Sec. 138d. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs''.
(E) The section heading of section 139b of such title, as
redesignated by subsection (f), is amended to read as follows:
``Sec. 139b. Deputy Assistant Secretary of Defense for Developmental
Test and Evaluation; Deputy Assistant Secretary of Defense for
Systems Engineering: joint guidance''.
(F) The heading of section 2438 of such title, as
transferred and redesignated by subsection (d), is amended to
read as follows:
``Sec. 2438. Performance assessments and root cause analyses''.
(2) Clerical amendments.--
(A) The table of sections at the beginning of chapter 4 of
such title is amended--
(i) by inserting after the item relating to section 132
the following new item:
``132a. Deputy Chief Management Officer.'';
(ii) by striking the items relating to sections 133a,
134a, and 136a;
(iii) by striking the item relating to section 137a and
inserting the following new item:
``137a. Principal Deputy Under Secretaries of Defense.'';
(iv) by inserting after the item relating to section
138a the following new items:
``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and
Programs.
``138d. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.'';
(v) by striking the items relating to sections 139a,
139b, 139c, and 139d and inserting the following new items:
``139a. Director of Cost Assessment and Program Evaluation.
``139b. Deputy Assistant Secretary of Defense for Developmental Test and
Evaluation; Deputy Assistant Secretary of Defense for Systems
Engineering: joint guidance.
``139c. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.''; and
(vi) by striking the item relating to section 142.
(B) The table of sections at the beginning of chapter 144
of such title is amended by inserting after the item relating
to section 2437 the following new item:
``2438. Performance assessments and root cause analyses.''.
(l) Other Conforming Amendments.--
(1) Public law 111-23.--Section 102(b) of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1714;
10 U.S.C. 2430 note) is amended--
(A) by striking ``Director of Developmental Test and
Evaluation and the Director of Systems Engineering'' each place
it appears and inserting ``Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation and the Deputy
Assistant Secretary of Defense for Systems Engineering''; and
(B) in paragraph (3)--
(i) by striking the paragraph heading and inserting
``Assessment of reports by deputy assistant secretary of
defense for developmental test and evaluation and deputy
assistant secretary of defense for systems engineering.--
''; and
(ii) by striking ``Directors'' and inserting ``Deputy
Assistant Secretaries of Defense''.
(2) Public law 110-181.--Section 214 of the National Defense
Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) is
amended by striking ``Director of Defense Research and
Engineering'' and inserting ``Assistant Secretary of Defense for
Research and Engineering''.
(m) Technical Amendments.--
(1) Section 131(a) of title 10, United States Code, is amended
by striking ``his'' and inserting ``the Secretary's''.
(2) Section 132 of such title is amended by redesignating
subsection (d), as added by section 2831(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2669), as subsection (e).
(3) Section 135(c) of such title is amended by striking
``clauses'' and inserting ``paragraphs''.
(n) Executive Schedule Amendments.--
(1) Number of assistant secretary of defense positions.--
Section 5315 of title 5, United States Code, is amended by striking
the item relating to Assistant Secretaries of Defense and inserting
the following new item:
``Assistant Secretaries of Defense (16).''.
(2) Positions redesignated as asd positions.--
(A) Section 5315 of such title is further amended by
striking the item relating to Director of Defense Research and
Engineering.
(B) Section 5316 of such title is amended by striking the
item relating to Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs.
(3) Amendments to strike references to positions in senior
executive service.--Section 5316 of such title is further amended--
(A) by striking the item relating to Director, Defense
Advanced Research Projects Agency, Department of Defense;
(B) by striking the item relating to Deputy General
Counsel, Department of Defense;
(C) by striking the item relating to Deputy Under
Secretaries of Defense for Research and Engineering, Department
of Defense; and
(D) by striking the item relating to Special Assistant to
the Secretary of Defense.
(o) Inapplicability of Appointment Requirement to Certain
Individuals Serving on Effective Date.--
(1) In general.--Notwithstanding this section and the
amendments made by this section, the individual serving as
specified in paragraph (2) on December 31, 2010, may continue to
serve in the applicable position specified in that paragraph after
that date without the requirement for appointment by the President,
by and with the advice and consent of the Senate.
(2) Covered individuals and positions.--The individuals and
positions specified in this paragraph are the following:
(A) In the case of the individual serving as Director of
Defense Research and Engineering, the position of Assistant
Secretary of Defense for Research and Engineering.
(B) In the case of the individual serving as Director of
Operational Energy Plans and Programs, the position of
Assistant Secretary of Defense for Operational Energy Plans and
Programs.
(C) In the case of the individual serving as Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs, the position of Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs.
(p) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on January 1, 2011.
(2) Certain matters.--Subsection (i) and the amendments made by
that subsection, and subsection (o), shall take effect on the date
of the enactment of this Act.
Subtitle B--Space Activities
SEC. 911. INTEGRATED SPACE ARCHITECTURES.
The Secretary of Defense and the Director of National Intelligence
shall develop an integrated process for national security space
architecture planning, development, coordination, and analysis that--
(1) encompasses defense and intelligence space plans, programs,
budgets, and organizations;
(2) provides mid-term to long-term recommendations to guide
space-related defense and intelligence acquisitions, requirements,
and investment decisions;
(3) is independent of, but coordinated with, the space
architecture planning, development, coordination, and analysis
activities of each military department and each element of the
intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))); and
(4) makes use of, to the maximum extent practicable, joint duty
assignment (as defined in section 668 of title 10, United States
Code) positions.
SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF TERMINATING
CONTRACTS UNDER THE NATIONAL POLAR-ORBITING OPERATIONAL
ENVIRONMENTAL SATELLITE SYSTEM PROGRAM.
None of the funds authorized to be appropriated or otherwise made
available by this Act to the Secretary of Defense for the National
Polar-Orbiting Operational Environmental Satellite System Program may
be obligated or expended for the costs of terminating a contract
awarded under the Program unless the Secretary of Defense and the
Secretary of Commerce enter into an agreement under which the Secretary
of Defense and the Secretary of Commerce will each be responsible for
half the costs of terminating the contract.
SEC. 913. LIMITATION ON USE OF FUNDS FOR PURCHASING GLOBAL
POSITIONING SYSTEM USER EQUIPMENT.
(a) In General.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated or otherwise made
available by this Act or any other Act for the Department of Defense
may be obligated or expended to purchase user equipment for the Global
Positioning System during fiscal years after fiscal year 2017 unless
the equipment is capable of receiving the military code (commonly known
as the ``M code'') from the Global Positioning System.
(b) Exception.--The limitation under subsection (a) shall not apply
with respect to the purchase of passenger vehicles or commercial
vehicles in which Global Positioning System equipment is installed.
(c) Waiver.--The Secretary of Defense may waive the limitation
under subsection (a) if the Secretary determines that--
(1) suitable user equipment capable of receiving the military
code from the Global Positioning System is not available; or
(2) with respect to a purchase of user equipment, the
Department of Defense does not require that user equipment to be
capable of receiving the military code from the Global Positioning
System.
SEC. 914. PLAN FOR INTEGRATION OF SPACE-BASED NUCLEAR DETECTION
SENSORS.
(a) In General.--The Secretary of Defense shall, in consultation
with the Director of National Intelligence and the Administrator for
Nuclear Security, submit to the congressional defense committees a plan
to integrate space-based nuclear detection sensors in a geosynchronous
orbit on the Space-Based Infrared System or other satellite platforms.
(b) Limitation on Use of Funds for the Space-Based Infrared
System.--
(1) In general.--Not more than 90 percent of the amounts
specified in paragraph (2) may be obligated or expended before the
date on which the Secretary of Defense submits to the congressional
defense committees the plan required by subsection (a).
(2) Amounts specified.--The amounts specified in this paragraph
are the following:
(A) The amount authorized to be appropriated by section 103
for procurement for the Air Force for missiles for the Space-
Based Infrared System.
(B) The amount authorized to be appropriated by section 201
for research, development, test, and evaluation for the Air
Force for the Space-Based Infrared System.
SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Administrator of the National Aeronautics and Space
Administration, submit to the appropriate committees of Congress a
report on the impact of the cancellation of the Constellation program
of the National Aeronautics and Space Administration on any anticipated
next generation mission requirements for missile defense interceptors,
tactical and strategic missiles, targets, and satellite and human
spaceflight launch vehicles.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description and assessment of the effects on Department
of Defense programs that utilize solid rocket motors of the
cancellation of the Ares I, the Ares V, or their solid rocket
alternatives or derivatives, and all supporting elements.
(2) A description of the plans of the Department of Defense to
mitigate the impact of the cancellation of the Ares I, the Ares V,
or their solid rocket alternatives or derivatives, and all
supporting elements, on the United States solid rocket motor
industrial base, including a description of the National
Aeronautics and Space Administration and Department of Defense
funding required to implement such plans between fiscal years 2012
and 2017.
(3) A description of the impact of the cancellation of the Ares
I, Ares V, or their solid rocket alternatives or derivatives, and
all supporting elements, on international partners in programs such
as the D-5 Trident missile.
(4) A detailed description of the source of the data used in
the report.
(c) Appropriate Committees of Congress Defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Commerce, Science, and
Transportation, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Science and Technology,
and Appropriations of the House of Representatives.
SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR
INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall develop an
implementation plan to sustain the solid rocket motor industrial base
that--
(1) is based on the recommendations included in the report
submitted to the congressional defense committees under section
1078 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2479); and
(2) includes a funding plan for carrying out the implementation
plan.
(b) Submittal to Congress.--The implementation plan required by
subsection (a) shall be submitted to Congress with the budget of the
President for fiscal year 2012 as submitted under section 1105(a) of
title 31, United States Code.
SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET
PROPULSION SYSTEMS INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall, in consultation
with the Administrator of the National Aeronautics and Space
Administration, review, and develop a plan to sustain, the liquid
rocket propulsion systems industrial base.
(b) Elements.--The review and plan required by subsection (a) shall
address the following:
(1) The capacity to maintain currently available liquid rocket
propulsion systems.
(2) The maintenance of an intellectual and engineering capacity
to support next generation liquid rocket propulsion systems and
engines, as needed.
(3) Opportunities for interagency collaboration and research
and development on future propulsion systems.
(c) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees the plan required by subsection (a).
Subtitle C--Intelligence-Related Matters
SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE
TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.
The second sentence of section 431(a) of title 10, United States
Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2015''.
SEC. 922. MODIFICATION OF ATTENDEES AT PROCEEDINGS OF INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE INTEGRATION COUNCIL.
(a) Findings.--Section 923(a)(4) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-163; 117 Stat.
1574; 10 U.S.C. 426 note) is amended by striking ``National Foreign
Intelligence Program (NFIP), Joint Military Intelligence Program
(JMIP), and Tactical Intelligence and Related Activities Program
(TIARA)'' and inserting ``National Intelligence Program (NIP) and a
Military Intelligence Program (MIP)''.
(b) Additional Authorized Attendees.--Section 426(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Each Secretary of a military department may designate an
officer or employee of such military department to attend the
proceedings of the Council as a representative of such military
department.''.
SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE MANAGEMENT
AND COORDINATION OF REMOTELY PILOTED AIRCRAFT SUPPORT OF
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE.
(a) Report Required.--
(1) Report to secretary of defense by chiefs of staff.--Not
later than 120 days after the date of the enactment of this Act,
the Chief of Staff of the Army, the Chief of Naval Operations, and
the Chief of Staff of the Air Force shall jointly submit to the
Secretary of Defense a report, in accordance with this section, on
remotely piloted aircraft (RPA) support of intelligence,
surveillance, and reconnaissance (ISR) within their respective
Armed Forces.
(2) Transmittal to congress.--Not later than 30 days after the
receipt of the report required by paragraph (1), the Secretary
shall transmit the report, together with the assessment and any
recommendations of the Secretary (including the matters required
pursuant to subsection (b)(2)), to the congressional defense
committees.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) In the case of the report required by subsection (a)(1), a
description by each chief of staff referred to in that subsection
of--
(A) current and planned remotely piloted aircraft
inventories to support intelligence, surveillance, and
reconnaissance requirements over the period 2011 to 2020,
including an identification of systems each Armed Force
considers organic and the systems capable of providing theater-
level support to the commanders of the combatant commands;
(B) policy and processes of each Armed Force for
coordinating investments in remotely piloted aircraft to meet
joint force requirements for intelligence, surveillance, and
reconnaissance and to eliminate unnecessary duplication in both
development and capability; and
(C) the current employment of remotely piloted aircraft by
each Armed Force, including the number of remotely piloted
aircraft deployed in support operations, the number of remotely
piloted aircraft assigned for training, and the number of
remotely piloted aircraft warehoused, the capacity of each
Armed Force to process, exploit, and disseminate intelligence,
surveillance, and reconnaissance data collected, and the extent
to which assets are provided to the joint community to meet
requirements of the combatant commands.
(2) In the case of the transmittal required by subsection
(a)(2)--
(A) an assessment of the effectiveness of the employment of
remotely piloted aircraft by each Armed Force, and a
description of the percentage of joint force requirements for
intelligence, surveillance, and reconnaissance that are being
met by the remotely piloted aircraft of each Armed Force;
(B) a description of the joint concept of operations under
which each Armed Force provides intelligence, surveillance, and
reconnaissance capabilities through remotely piloted aircraft
to meet the requirements of the combatant commands;
(C) a description of the processes by which current
requirements of the commanders of the combatant commands for
intelligence, surveillance, and reconnaissance are validated,
and how the remotely piloted aircraft capabilities of each
Armed Force are assigned against validated requirements;
(D) a description of the current intelligence,
surveillance, and reconnaissance requirements of each combatant
command through remotely piloted aircraft;
(E) a description of how the requirements described under
subparagraph (D) are being met;
(F) an identification of any mission degradation or failure
within the combatant commands due to lack of intelligence,
surveillance, and reconnaissance support;
(G) a description of various means of addressing any
shortfalls in meeting the requirements described under
subparagraph (D), including temporary shortfalls and permanent
shortfalls;
(H) a description of the organization of the Unmanned
Aerial System Task Force, including the goals and objectives of
the task force and the participation and roles of each Armed
Force within the task force;
(I) a description of the organization of the Intelligence,
Surveillance, and Reconnaissance Task Force, including the
goals and objectives of the task force and the participation
and roles of each Armed Force within the task force; and
(J) an identification of any theater-level intelligence,
surveillance, and reconnaissance capacity of an Armed Force
that is not being made available by services to fulfill joint
force requirements for intelligence, surveillance, and
reconnaissance.
(c) Remotely Piloted Aircraft Defined.--In this section, the term
``remotely piloted aircraft'' means any unmanned aircraft operated
remotely, whether within or beyond line-of-sight, including unmanned
aerial systems (UAS), unmanned aerial vehicles (UAV), remotely piloted
vehicles (RPV), and remotely piloted aircraft (RPA).
SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND PERSONNEL
MANAGEMENT RELATING TO AIR FORCE INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE PROVIDED BY REMOTELY PILOTED AIRCRAFT.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall, in
coordination with the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense for
Intelligence, submit to the appropriate committees of Congress a report
on requirements fulfillment and personnel management in connection with
Air Force intelligence, surveillance, and reconnaissance (ISR) provided
by remotely piloted aircraft (RPA).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the Joint Concept of Operation under which
the Air Force operates to fulfill intelligence, surveillance, and
reconnaissance requirements provided by remotely piloted aircraft.
(2) A description of the current requirements of each combatant
command for Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft, including--
(A) the number of orbits or combat air patrols for each
major platform and sensor payload combination;
(B) the number of aircraft, aircraft operators, and ground
crews in each orbit or combat air patrol, variations in the
numbers of each, and the explanation for such variations;
(C) a description of how requirements are being met by the
management of personnel, platforms, sensors, and networks; and
(D) a description of various means of addressing any
shortfalls in meeting such requirements, including temporary
shortfalls and permanent shortfalls.
(3) A description of manpower management to fulfill Air Force
mission requirements for intelligence, surveillance, and
reconnaissance requirements provided by remotely piloted aircraft,
including the current number of personnel associated with each
combat air patrol by remotely piloted aircraft for aircraft pilots,
sensor operators, mission intelligence coordinators, and
processing, exploitation, and dissemination analysts (in this
section referred to as ``operators and analysts for remotely
piloted aircraft'').
(4) A description of current Air Force manpower requirements
for operators and analysts for remotely piloted aircraft, and any
plans for meeting such requirements, including--
(A) an identification of any shortfalls in personnel, skill
specialties, and grades; and
(B) any plans of the Air Force to address such shortfalls,
including--
(i) plans to address shortfalls in applicable career
field retention rates; and
(ii) plans for utilization of National Guard and other
reserve component personnel to address shortfalls in such
personnel, skill specialties, and grades.
(5) A description of the projected Air Force manpower
requirements for operators and analysts for remotely piloted
aircraft in each of 2015 and 2020, including--
(A) an identification of any significant challenges to
achieving such requirements in particular skill specialties and
grades; and
(B) any plans of the Air Force to address such challenges.
(6) A description of the collaboration of the Air Force with,
and the reliance of the Air Force on, the other Armed Forces and
the combat support agencies, in asset management for intelligence,
surveillance, and reconnaissance by remotely piloted aircraft,
including personnel for processing, exploitation, and
dissemination.
(7) A description of potential adverse consequences of
operating intelligence, surveillance, and reconnaissance by
remotely piloted aircraft, and associated intelligence support
infrastructure, in a surge, understaffed state, or both,
including--
(A) the impact of having to provide forward processing,
exploitation, and dissemination to support emerging
capabilities; and
(B) any plans of the Air Force to mitigate such
consequences.
(8) A description of the status of Air Force training programs
for operators and analysts for remotely piloted aircraft, including
the ability to meet Air Force manpower requirements for such
operators and analysts, and plans for increasing training capacity
to match plans for expanding Air Force intelligence, surveillance,
and reconnaissance capabilities.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence
of the House of Representatives.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
SEC. 931. CONTINUOUS MONITORING OF DEPARTMENT OF DEFENSE
INFORMATION SYSTEMS FOR CYBERSECURITY.
(a) In General.--The Secretary of Defense shall direct the Chief
Information Officer of the Department of Defense to work, in
coordination with the Chief Information Officers of the military
departments and the Defense Agencies and with senior cybersecurity and
information assurance officials within the Department of Defense and
otherwise within the Federal Government, to achieve, to the extent
practicable, the following:
(1) The continuous prioritization of the policies, principles,
standards, and guidelines developed under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C. 278g-
3) with agencies and offices operating or exercising control of
national security systems (including the National Security Agency)
based upon the evolving threat of information security incidents
with respect to national security systems, the vulnerability of
such systems to such incidents, and the consequences of information
security incidents involving such systems.
(2) The automation of continuous monitoring of the
effectiveness of the information security policies, procedures, and
practices within the information infrastructure of the Department
of Defense, and the compliance of that infrastructure with such
policies, procedures, and practices, including automation of--
(A) management, operational, and technical controls of
every information system identified in the inventory required
under section 3505(c) of title 44, United States Code; and
(B) management, operational, and technical controls relied
on for evaluations under section 3545 of title 44, United
States Code.
(b) Definitions.--In this section:
(1) The term ``information security incident'' means an
occurrence that--
(A) actually or potentially jeopardizes the
confidentiality, integrity, or availability of an information
system or the information such system processes, stores, or
transmits; or
(B) constitutes a violation or imminent threat of violation
of security policies, security procedures, or acceptable use
policies with respect to an information system.
(2) The term ``information infrastructure'' means the
underlying framework, equipment, and software that an information
system and related assets rely on to process, transmit, receive, or
store information electronically.
(3) The term ``national security system'' has the meaning given
that term in section 3542(b)(2) of title 44, United States Code.
SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSURANCE.
(a) Strategy Required.--The Secretary of Defense shall develop and
implement, by not later than October 1, 2011, a strategy for assuring
the security of software and software-based applications for all
covered systems.
(b) Covered Systems.--For purposes of this section, a covered
system is any critical information system or weapon system of the
Department of Defense, including the following:
(1) A major system, as that term is defined in section 2302(5)
of title 10, United States Code.
(2) A national security system, as that term is defined in
section 3542(b)(2) of title 44, United States Code.
(3) Any Department of Defense information system categorized as
Mission Assurance Category I.
(4) Any Department of Defense information system categorized as
Mission Assurance Category II in accordance with Department of
Defense Directive 8500.01E.
(c) Elements.--The strategy required by subsection (a) shall
include the following:
(1) Policy and regulations on the following:
(A) Software assurance generally.
(B) Contract requirements for software assurance for
covered systems in development and production.
(C) Inclusion of software assurance in milestone reviews
and milestone approvals.
(D) Rigorous test and evaluation of software assurance in
development, acceptance, and operational tests.
(E) Certification and accreditation requirements for
software assurance for new systems and for updates for legacy
systems, including mechanisms to monitor and enforce
reciprocity of certification and accreditation processes among
the military departments and Defense Agencies.
(F) Remediation in legacy systems of critical software
assurance deficiencies that are defined as critical in
accordance with the Application Security Technical
Implementation Guide of the Defense Information Systems Agency.
(2) Allocation of adequate facilities and other resources for
test and evaluation and certification and accreditation of software
to meet applicable requirements for research and development,
systems acquisition, and operations.
(3) Mechanisms for protection against compromise of information
systems through the supply chain or cyber attack by acquiring and
improving automated tools for--
(A) assuring the security of software and software
applications during software development;
(B) detecting vulnerabilities during testing of software;
and
(C) detecting intrusions during real-time monitoring of
software applications.
(4) Mechanisms providing the Department of Defense with the
capabilities--
(A) to monitor systems and applications in order to detect
and defeat attempts to penetrate or disable such systems and
applications; and
(B) to ensure that such monitoring capabilities are
integrated into the Department of Defense system of cyber
defense-in-depth capabilities.
(5) An update to Committee for National Security Systems
Instruction No. 4009, entitled ``National Information Assurance
Glossary'', to include a standard definition for software security
assurance.
(6) Either--
(A) mechanisms to ensure that vulnerable Mission Assurance
Category III information systems, if penetrated, cannot be used
as a foundation for penetration of protected covered systems,
and means for assessing the effectiveness of such mechanisms;
or
(B) plans to address critical vulnerabilities in Mission
Assurance Category III information systems to prevent their use
for intrusions of Mission Assurance Category I systems and
Mission Assurance Category II systems.
(7) A funding mechanism for remediation of critical software
assurance vulnerabilities in legacy systems.
(d) Report.--Not later than October 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
on the strategy required by subsection (a). The report shall include
the following:
(1) A description of the current status of the strategy
required by subsection (a) and of the implementation of the
strategy, including a description of the role of the strategy in
the risk management by the Department regarding the supply chain
and in operational planning for cyber security.
(2) A description of the risks, if any, that the Department
will accept in the strategy due to limitations on funds or other
applicable constraints.
SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF DEPARTMENT OF
DEFENSE CYBER WARFARE CAPABILITIES.
(a) Strategy Required.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop a
strategy to provide for the rapid acquisition of tools, applications,
and other capabilities for cyber warfare for the United States Cyber
Command and the cyber operations components of the military
departments.
(b) Basic Elements.--The strategy required by subsection (a) shall
include the following:
(1) An orderly process for determining and approving
operational requirements.
(2) A well-defined, repeatable, transparent, and disciplined
process for developing capabilities to meet such requirements, in
accordance with the information technology acquisition process
developed pursuant to section 804 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2225 note).
(3) The allocation of facilities and other resources to
thoroughly test such capabilities in development, before
deployment, and before use in order to validate performance and
take into account collateral damage and other so-called second-
order effects.
(c) Additional Elements.--The strategy required by subsection (a)
shall also provide for the following:
(1) Safeguards to prevent--
(A) the circumvention of operational requirements and
acquisition processes through informal relationships among the
United States Cyber Command, the Armed Forces, the National
Security Agency, and the Defense Information Systems Agency;
and
(B) the abuse of quick-reaction processes otherwise
available for the rapid fielding of capabilities.
(2) The establishment of reporting and oversight processes for
requirements generation and approval for cyber warfare
capabilities, the assignment of responsibility for providing
capabilities to meet such requirements, and the execution of
development and deployment of such capabilities, under the
authority of the Chairman of the Joint Requirements Oversight
Council, the Under Secretary of Defense for Policy, and other
officials in the Office of the Secretary of Defense, as designated
in the strategy.
(3) The establishment and maintenance of test and evaluation
facilities and resources for cyber infrastructure to support
research and development, operational test and evaluation,
operational planning and effects testing, and training by
replicating or emulating networks and infrastructure maintained and
operated by the military and political organizations of potential
United States adversaries, by domestic and foreign
telecommunications service providers, and by the Department of
Defense.
(4) An organization or organizations within the Department of
Defense to be responsible for the operation and maintenance of
cyber infrastructure for research, development, test, and
evaluation purposes.
(5) Appropriate disclosure regarding United States cyber
warfare capabilities to the independent test and evaluation
community, and the involvement of that community in the development
and maintenance of such capabilities, regardless of classification.
(6) The role of the private sector and appropriate Department
of Defense organizations in developing capabilities to operate in
cyberspace, and a clear process for determining whether to allocate
responsibility for responding to Department of Defense cyber
warfare requirements through Federal Government personnel,
contracts with private sector entities, or a combination of both.
(7) The roles of each military department, and of the combat
support Defense Agencies, in the development of cyber warfare
capabilities in support of offensive, defensive, and intelligence
operational requirements.
(8) Mechanisms to promote information sharing, cooperative
agreements, and collaboration with international, interagency,
academic, and industrial partners in the development of cyber
warfare capabilities.
(9) The manner in which the Department of Defense will promote
interoperability, share innovation, and avoid unproductive
duplication in cyber warfare capabilities through specialization
among the components of the Department responsible for developing
cyber capabilities.
(d) Report on Strategy.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the strategy
required by subsection (a). The report shall include a
comprehensive description of the strategy and plans (including a
schedule) for the implementation of the strategy.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than March 1, 2011, the Secretary
of Defense shall submit to Congress a report on the cyber warfare
policy of the Department of Defense.
(b) Elements.--The report required under this section shall include
the following:
(1) A description of the policy and legal issues investigated
and evaluated by the Department in considering the range of
missions and activities that the Department may choose to conduct
in cyberspace.
(2) The decisions of the Secretary with respect to such issues,
and the recommendations of the Secretary to the President for
decisions on such of those issues as exceed the authority of the
Secretary to resolve, together with the rationale and justification
of the Secretary for such decisions and recommendations.
(3) A description of the intentions of the Secretary with
regard to modifying the National Military Strategy for Cyberspace
Operations.
(4) The current use of, and potential applications of, modeling
and simulation tools to identify likely cybersecurity
vulnerabilities, as well as new protective and remediation means,
within the Department.
(5) The application of modeling and simulation technology to
develop strategies and programs to deter hostile or malicious
activity intended to compromise Department information systems.
(c) Form.--The report required under this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE PROGRESS IN DEFENDING
THE DEPARTMENT AND THE DEFENSE INDUSTRIAL BASE FROM CYBER EVENTS.
(a) Reports on Progress Required.--Not later than 180 days after
the date of the enactment of this Act, and March 1 every year
thereafter through 2015, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress of the
Department of Defense in defending the Department and the defense
industrial base from cyber events (such as attacks, intrusions, and
theft).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) In the case of the first report, a baseline for measuring
the progress of the Department of Defense in defending the
Department and the defense industrial base from cyber events,
including definitions of significant cyber events, an appropriate
categorization of various types of cyber events, the basic methods
used in various cyber events, the vulnerabilities exploited in such
cyber events, and the metrics to be utilized to determine whether
the Department is or is not making progress against an evolving
cyber threat.
(2) An ongoing assessment of such baseline against key cyber
defense strategies (described in subsection (c)) to determine
implementation progress.
(3)(A) A description of the nature and scope of significant
cyber events against the Department and the defense industrial base
during the preceding year, including, for each such event, a
description of the intelligence or other Department data acquired,
the extent of the corruption or compromise of Department
information or weapon systems, and the impact of such event on the
Department generally and on operational capabilities.
(B) For any such event that has been investigated by or on
behalf of the Damage Assessment Management Office, a synopsis of
each damage assessment report, with emphasis on actions needing
remediation.
(4) A comparative assessment of the offensive cyber warfare
capabilities of current representative potential United States
adversaries and nations with advanced cyber warfare capabilities
with the capacity of the United States to defend--
(A) military networks and mission capabilities; and
(B) critical infrastructure.
(5) A comparative assessment of the offensive cyber warfare
capabilities of the United States with the capacity of current
representative potential United States adversaries and nations with
advanced cyber warfare capabilities to defend against cyber
attacks.
(6) A comparative assessment of the degree of dependency of
current representative potential United States adversaries, nations
with advanced cyber warfare capabilities, and the United States on
networks that can be attacked through cyberspace.
(7) A description of known or suspected identified supply chain
vulnerabilities, including known or suspected supply chain attacks,
and actions to remediate such vulnerabilities.
(c) Key Cyber Defense Strategies.--For purposes of subsection
(b)(2), key cyber defense strategies include the following:
(1) Relevant valid Homeland Security Presidential Directives
and National Security Presidential Directives.
(2) The Comprehensive National Cybersecurity Initiative.
(3) The National Military Strategy for Cyberspace Operations
implementation plan.
(d) Performance of Certain Assessments.--The comparative assessment
of critical infrastructure required by subsection (b)(4)(B) shall be
performed by the Secretary of Homeland Security, in coordination with
the Secretary of Defense and the heads of other agencies of the
Government with specific responsibility for critical infrastructure.
(e) Form.--Each report under this section shall be submitted in
unclassified form, but may include a classified annex.
Subtitle E--Other Matters
SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY
WAIVER OF REIMBURSEMENT OF COSTS OF ACTIVITIES FOR
NONGOVERNMENTAL PERSONNEL AT DEPARTMENT OF DEFENSE REGIONAL
CENTERS FOR SECURITY STUDIES.
(a) Extension of Waiver.--Paragraph (1) of section 941(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by
striking ``fiscal years 2009 and 2010'' and inserting ``fiscal years
2009 through 2012''.
(b) Annual Report.--Paragraph (3) of such section is amended by
striking ``in 2010 and 2011'' and inserting ``in each year through
2013''.
SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND
MISSIONS REVIEW IN 2011.
(a) Additional Activities Considered.--As part of the quadrennial
roles and missions review conducted in 2011 pursuant to section 118b of
title 10, United States Code, the Secretary of Defense shall give
consideration to the following activities, giving particular attention
to their role in counter-terrorism operations:
(1) Information operations.
(2) Detention and interrogation.
(b) Additional Report Requirement.--In the report required by
section 118b(d) of such title for such review in 2011, the Secretary of
Defense shall--
(1) provide clear guidance on the nature and extent of which
core competencies are associated with the activities listed in
subsection (a); and
(2) identify the elements of the Department of Defense that are
responsible or should be responsible for providing such core
competencies.
SEC. 943. REPORT ON ORGANIZATIONAL STRUCTURE AND POLICY GUIDANCE OF
THE DEPARTMENT OF DEFENSE REGARDING INFORMATION OPERATIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the organizational
structure and policy guidance of the Department of Defense with respect
to information operations.
(b) Review.--In preparing the report required by subsection (a),
the Secretary shall review the following:
(1) The extent to which the current definition of ``information
operations'' in Department of Defense Directive 3600.1 is
appropriate.
(2) The location of the office within the Department of the
lead official responsible for information operations of the
Department, including assessments of the most effective location
and the need to designate a principal staff assistant to the
Secretary of Defense for information operations.
(3) Departmental responsibility for the development,
coordination, and oversight of Department policy on information
operations and for the integration of such operations.
(4) Departmental responsibility for the planning, execution,
and oversight of Department information operations.
(5) Departmental responsibility for coordination within the
Department, and between the Department and other departments and
agencies of the Federal Government, regarding Department
information operations, and for the resolution of conflicts in the
discharge of such operations, including an assessment of current
coordination bodies and decisionmaking processes.
(6) The roles and responsibilities of the military departments,
combat support agencies, the United States Special Operations
Command, and the other combatant commands in the development and
implementation of information operations.
(7) The roles and responsibilities of the defense intelligence
agencies for support of information operations.
(8) The role in information operations of the following
Department officials:
(A) The Assistant Secretary of Defense for Public Affairs.
(B) The Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict.
(C) The senior official responsible for information
processing and networking capabilities.
(9) The role of related capabilities in the discharge of
information operations, including public affairs capabilities,
civil-military operations capabilities, defense support of public
diplomacy, and intelligence.
(10) The management structure of computer network operations in
the Department for the discharge of information operations, and the
policy in support of that component.
(11) The appropriate use, management, and oversight of
contractors in the development and implementation of information
operations, including an assessment of current guidance and policy
directives pertaining to the uses of contractors for these
purposes.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, with a classified annex, if necessary.
(d) Department of Defense Directive.--Upon the submittal of the
report required by subsection (a), the Secretary shall prescribe a
revised directive for the Department of Defense on information
operations. The directive shall take into account the results of the
review conducted for purposes of the report.
(e) Information Operations Defined.--In this section, the term
``information operations'' means the information operations specified
in Department of Defense Directive 3600.1, as follows:
(1) Electronic warfare.
(2) Computer network operations.
(3) Psychological operations.
(4) Military deception.
(5) Operations security.
SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF THE GEOGRAPHIC
COMBATANT COMMAND HEADQUARTERS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the organizational structures of the
headquarters of the geographic combatant commands.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the organizational structure of the
headquarters of each geographic combatant command.
(2) An assessment of the benefits and limitations of the
different organizational structures in meeting the broad range of
military missions of the geographic combatant commands.
(3) A description and assessment of the role and contributions
of other departments and agencies of the Federal Government within
each organizational structure, including a description of any plans
to expand interagency participation in the geographic combatant
commands in the future.
(4) A description of any lessons learned from the ongoing
reorganization of the organizational structure of the United States
Southern Command and the United States Africa Command, including an
assessment of the value, if any, added by the position of civilian
deputy to the commander of the United States Southern Command and
to the commander of the United States Africa Command.
(5) Any other matters the Secretary and the Chairman consider
appropriate.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay, Cuba,
to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Subtitle E--Homeland Defense and Civil Support
Sec. 1041. Limitation on deactivation of existing Consequence Management
Response Forces.
Subtitle F--Studies and Reports
Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of the
national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Public availability of Department of Defense reports required
by law.
Sec. 1062. Prohibition on infringing on the individual right to lawfully
acquire, possess, own, carry, and otherwise use privately
owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.
Subtitle H--Other Matters
Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2011
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
AFGHANISTAN, IRAQ, AND HAITI FOR FISCAL YEAR 2010.
In addition to the amounts otherwise authorized to be appropriated
by this division, the amounts authorized to be appropriated for fiscal
year 2010 in title XV of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) are hereby increased, with respect
to any such authorized amount, as follows:
(1) The amounts provided in sections 1502 through 1507 of such
Act for the following procurement accounts are increased as
follows:
(A) For aircraft procurement, Army, by $182,170,000.
(B) For weapons and tracked combat vehicles procurement,
Army, by $3,000,000.
(C) For ammunition procurement, Army, by $17,055,000.
(D) For other procurement, Army, by $1,997,918,000.
(E) For the Joint Improvised Explosive Device Defeat Fund,
by $400,000,000.
(F) For aircraft procurement, Navy, by $104,693,000.
(G) For other procurement, Navy, by $15,000,000.
(H) For procurement, Marine Corps, by $18,927,000.
(I) For aircraft procurement, Air Force, by $209,766,000.
(J) For ammunition procurement, Air Force, by $5,000,000.
(K) For other procurement, Air Force, by $576,895,000.
(L) For the Mine Resistant Ambush Protected Vehicle Fund,
by $1,123,000,000.
(M) For defense-wide activities, by $189,276,000.
(2) The amounts provided in section 1508 of such Act for
research, development, test, and evaluation are increased as
follows:
(A) For the Army, by $61,962,000.
(B) For the Navy, by $5,360,000.
(C) For the Air Force, by $187,651,000.
(D) For defense-wide activities, by $22,138,000.
(3) The amounts provided in sections 1509, 1511, 1513, 1514,
and 1515 of such Act for operation and maintenance are increased as
follows:
(A) For the Army, by $11,700,965,000.
(B) For the Navy, by $2,428,702,000.
(C) For the Marine Corps, by $1,090,873,000.
(D) For the Air Force, by $3,845,047,000.
(E) For defense-wide activities, by $1,188,421,000.
(F) For the Army Reserve, by $67,399,000.
(G) For the Navy Reserve, by $61,842,000.
(H) For the Marine Corps Reserve, by $674,000.
(I) For the Air Force Reserve, by $95,819,000.
(J) For the Army National Guard, by $171,834,000.
(K) For the Air National Guard, by $161,281,000.
(L) For the Defense Health Program, by $33,367,000.
(M) For Drug Interdiction and Counterdrug Activities,
Defense-wide, by $94,000,000.
(N) For the Afghanistan Security Forces Fund, by
$2,604,000,000.
(O) For the Iraq Security Forces Fund, by $1,000,000,000.
(P) For Overseas Humanitarian, Disaster, and Civic Aid, by
$255,000,000.
(Q) For Overseas Contingency Operations Transfer Fund, by
$350,000,000.
(R) For Working Capital Funds, by $974,967,000.
(4) The amount provided in section 1512 of such Act for
military personnel accounts is increased by $1,895,761,000.
SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted prior to
the vote on passage of this Act.
Subtitle B--Counter-Drug Activities
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is
further amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (c), by striking ``2010'' and inserting
``2011''.
SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK FORCES SUPPORT TO
LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is
amended by striking ``2010'' and inserting ``2011''.
(b) Availability of Authority.--
(1) Additional condition on authority for support and
associated waiver authority.--Subsection (d) of such section is
amended--
(A) by inserting ``(1)'' before ``Any support''; and
(B) by adding at the end the following new paragraph:
``(2)(A) Support for counter-terrorism activities provided under
subsection (a) may only be provided if the Secretary of Defense
determines that the objectives of using the counter-drug funds of any
joint task force to provide such support relate significantly to the
objectives of providing support for counter-drug activities by that
joint task force or any other joint task force.
``(B) The Secretary of Defense may waive the requirements of
subparagraph (A) if the Secretary determines that such a waiver is
vital to the national security interests of the United States. The
Secretary shall promptly submit to Congress notice in writing of any
waiver issued under this subparagraph.
``(C) The Secretary of Defense may delegate any responsibility of
the Secretary under subparagraph (B) to the Deputy Secretary of Defense
or to the Under Secretary of Defense for Policy. Except as provided in
the preceding sentence, such a responsibility may not be delegated to
any official of the Department of Defense or any other official.''.
(2) Annual certification of compliance.--Subsection (c) of such
section is amended by adding at the end the following new
paragraph:
``(4) A certification by the Secretary of Defense that any
support provided under subsection (a) during such one-year period
was provided in compliance with the requirements of subsection
(d).''.
(3) Interim compliance report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report setting forth--
(A) a description of each support activity provided by a
joint task force under subsection (a) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 371 note), as of the date of the submittal of such
report; and
(B) a certification as to whether or not each such activity
has been provided in compliance with the requirements of
subsection (d) of such section, as amended by paragraph (1) of
this subsection.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN
COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
1013 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2442), is further amended by striking
``February 15, 2010'' and inserting ``February 15, 2011''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Subsection (a)(2) of section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1014(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2442), is further amended by striking ``2010'' and
inserting ``2012''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such section
is amended by striking ``either of fiscal years 2009 and 2010'' and
inserting ``any of the fiscal years 2009 through 2012''.
SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION PROJECTS FOR
FACILITIES OF THE DEPARTMENT OF DEFENSE AND FOREIGN LAW ENFORCEMENT
AGENCIES FOR COUNTER-DRUG ACTIVITIES.
(a) Notice to Congress.--
(1) Notice.--Section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended--
(A) in subsection (b)(4), by inserting ``for the purpose of
facilitating'' after ``within or outside the United States
or''; and
(B) in subsection (h)(2)(A)--
(i) by striking ``modification or repair'' and
inserting ``construction, modification, or repair'';
(ii) by striking ``a Department of Defense facility''
and inserting ``any facility''; and
(iii) by striking ``purpose'' and inserting
``purposes''.
(2) Construction of notice.--Subsection (h) of such section is
further amended by adding at the end the following new paragraph:
``(3) This subsection may not be construed as an authorization for
the use of funds for any military construction project that would
exceed the approved cost limitations of an unspecified minor military
construction project under section 2805(a)(2) of title 10, United
States Code.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to facilities projects for which a decision is made to be
carried out on or after that date.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR
CERTAIN NAVY MESS OPERATIONS.
(a) Extension.--Subsection (b) of section 1014 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4585) is amended by striking ``September 30, 2010''
and inserting ``September 30, 2015''.
(b) Clarification of Scope of Authority.--Subsection (a) of such
section is amended by inserting ``in any fiscal year'' after ``may be
used''.
SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING OF A
NAVAL COMBAT VESSEL AFTER FATHER VINCENT CAPODANNO.
(a) Findings.--Congress makes the following findings:
(1) Father Vincent Capodanno was born on February 13, 1929, in
Staten Island, New York.
(2) After attending Fordham University for a year, he entered
the Maryknoll Missionary Seminary in upstate New York in 1949, and
was ordained a Catholic priest in June 1957.
(3) Father Capodanno's first assignment as a missionary was
working with aboriginal Taiwanese people in the mountains of Taiwan
where he served in a parish and later in a school. After several
years, Father Capodanno returned to the United States for leave and
then was assigned to a Maryknoll school in Hong Kong.
(4) Father Vincent Capodanno volunteered as a Navy Chaplain and
was commissioned a Lieutenant in the Chaplain Corps of the United
States Naval Reserve in December 28, 1965.
(5) Father Vincent Capodanno selflessly extended his combat
tour in Vietnam on the condition he was allowed to remain with the
infantry.
(6) On September 4, 1967, during a fierce battle in the Thang
Binh District of the Que-Son Valley in Vietnam, Father Capodanno
went among the wounded and dying, giving last rites and caring for
the injured. He was killed that day while taking care of his
Marines.
(7) On January 7, 1969, Father Vincent Capodanno was awarded
the Medal of Honor posthumously for comforting the wounded and
dying during the Vietnam conflict. For his dedicated service,
Father Capodanno was also awarded the Bronze Star, the Purple
Heart, the Presidential Unit Citation, the National Defense Service
Medal, the Vietnam Service Medal, the Vietnam Gallantry Cross with
Palm, and the Vietnam Campaign Medal.
(8) In his memory, the U.S.S. Capodanno was commissioned on
September 17, 1973. It is the only Naval vessel to date to have
received a Papal blessing by Pope John Paul II in Naples, Italy, on
September 4, 1981.
(9) The U.S.S. Capodanno was decommissioned on July 30, 1993.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should name a combat vessel of the United States
Navy the ``U.S.S. Father Vincent Capodanno'', in honor of Father
Vincent Capodanno, a lieutenant in the Navy Chaplain Corps.
SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF NAVAL
VESSELS.
(a) In General.--Section 231 of title 10, United States Code, is
amended to read as follows:
``Sec. 231. Long-range plan for construction of naval vessels
``(a) Quadrennial Naval Vessel Construction Plan.--At the same time
that the budget of the President is submitted under section 1105(a) of
title 31 during each year in which the Secretary of Defense submits a
quadrennial defense review, the Secretary of the Navy shall submit to
the congressional defense committees a long-range plan for the
construction of combatant and support vessels for the Navy that
supports the force structure recommendations of the quadrennial defense
review.
``(b) Matters Included.--The plan under subsection (a) shall
include the following:
``(1) A detailed construction schedule of naval vessels for the
10-year period beginning on the date on which the plan is
submitted, including a certification by the Secretary that the
budget for the fiscal year in which the plan is submitted and the
budget for the future-years defense program submitted under section
221 of this title are sufficient for funding such schedule.
``(2) A probable construction schedule for the 10-year period
beginning on the date that is 10 years after the date on which the
plan is submitted.
``(3) A notional construction schedule for the 10-year period
beginning on the date that is 20 years after the date on which the
plan is submitted.
``(4) The estimated levels of annual funding necessary to carry
out the construction schedules under paragraphs (1), (2), and (3).
``(5) For the construction schedules under paragraphs (1) and
(2)--
``(A) a determination by the Director of Cost Assessment
and Program Evaluation of the level of funding necessary to
execute such schedules; and
``(B) an evaluation by the Director of the potential risk
associated with such schedules, including detailed effects on
operational plans, missions, deployment schedules, and
fulfillment of the requirements of the combatant commanders.
``(c) Naval Composition.--In submitting the plan under subsection
(a), the Secretary shall ensure that such plan is in accordance with
section 5062(b) of this title.
``(d) Assessment When Budget Is Insufficient.--If the budget for a
fiscal year provides for funding of the construction of naval vessels
at a level that is less than the level determined necessary by the
Director of Cost Assessment and Program Evaluation under subsection
(b)(5), the Secretary of the Navy shall include with the defense budget
materials for that fiscal year an assessment that describes and
discusses the risks associated with the budget, including the risk
associated with a reduced force structure that may result from funding
naval vessel construction at such a level.
``(e) CBO Evaluation.--Not later than 60 days after the date on
which the congressional defense committees receive the plan under
subsection (a), the Director of the Congressional Budget Office shall
submit to such committees a report assessing the sufficiency of the
estimated levels of annual funding included in such plan with respect
to the budget submitted during the year in which the plan is submitted
and the future-years defense program submitted under section 221 of
this title.
``(f) Changes to the Construction Plan.--In any year in which a
quadrennial defense review is not submitted and the budget of the
President submitted under section 1105(a) of title 31 decreases the
number of vessels requested in the future-years defense program
submitted under section 221 of this title, the Secretary of the Navy
shall submit to the congressional defense committees a report on such
decrease including--
``(1) an addendum to the most recent quadrennial defense review
that fully explains and justifies the decrease with respect to the
national security strategy of the United States as set forth in the
most recent national security strategy report of the President
under section 108 of the National Security Act of 1947 (50 U.S.C.
404a); and
``(2) a description of the additional reviews and analyses
considered by the Secretary after the previous quadrennial defense
review was submitted that justify the decrease.
``(g) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year, means
the budget for that fiscal year that is submitted to Congress by
the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal year.
``(3) The term `quadrennial defense review' means the review of
the defense programs and policies of the United States that is
carried out every four years under section 118 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by striking the item relating to
section 231 and inserting the following new item:
``231. Long-range plan for construction of naval vessels.''.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR
COMBATING TERRORISM.
Section 127b(c)(3)(C) of title 10, United States Code, is amended
by striking ``2010'' and inserting ``2011''.
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE
OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
None of the funds authorized to be appropriated by this Act for
fiscal year 2011 may be used to transfer, release, or assist in the
transfer or release to or within the United States, its territories, or
possessions of Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF
INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN
COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), during
the one-year period beginning on the date of the enactment of this
Act, the Secretary of Defense may not use any of the amounts
authorized to be appropriated by this Act or otherwise available to
the Department of Defense to transfer any individual detained at
Guantanamo to the custody or effective control of the individual's
country of origin, any other foreign country, or any other foreign
entity unless the Secretary submits to Congress the certification
described in subsection (b) by not later than 30 days before the
transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition of the
individual that is issued by a court or competent tribunal of the
United States having lawful jurisdiction. The Secretary shall
notify Congress promptly upon issuance of any such order.
(b) Certification.--The certification described in this subsection
is a written certification made by the Secretary of Defense, with the
concurrence of the Secretary of State, that the government of the
foreign country or the recognized leadership of the foreign entity to
which the individual detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention facility in
which an individual is to be detained if the individual is to be
housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States, its
citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-engage
in any terrorist activity; and
(6) has agreed to share any information with the United States
that--
(A) is related to the individual or any associates of the
individual; and
(B) could affect the security of the United States, its
citizens, or its allies.
(c) Prohibition and Waiver in Cases of Prior Confirmed
Recidivism.--
(1) Prohibition.--Except as provided in paragraph (3), during
the one-year period beginning on the date of the enactment of this
Act, the Secretary of Defense may not use any amount authorized to
be appropriated or otherwise made available to the Department of
Defense to transfer any individual detained at Guantanamo to the
custody or effective control of the individual's country of origin,
any other foreign country, or any other foreign entity if there is
a confirmed case of any individual who was detained at United
States Naval Station, Guantanamo Bay, Cuba, at any time after
September 11, 2001, who was transferred to the foreign country or
entity and subsequently engaged in any terrorist activity.
(2) Waiver.--The Secretary of Defense may waive the prohibition
in paragraph (1) if the Secretary determines that such a transfer
is in the national security interests of the United States and
includes, as part of the certification described in subsection (b)
relating to such transfer, the determination of the Secretary under
this paragraph.
(3) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition of the
individual that is issued by a court or competent tribunal of the
United States having lawful jurisdiction. The Secretary shall
notify Congress promptly upon issuance of any such order.
(d) Definitions.--For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means any
individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective control of
the Department of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CONSTRUCT
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--None of the funds authorized to be appropriated by
this Act may be used to construct or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of the
Department of Defense.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individuals Described.--An individual described in this
subsection is any individual who, as of October 1, 2009, is located at
United States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(d) Report on Use of Facilities in the United States to House
Detainees Transferred From Guantanamo.--
(1) Report required.--Not later than April 1, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report, in classified or unclassified form, on the
merits, costs, and risks of using any proposed facility in the
United States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the effective
control of the Department of Defense.
(2) Elements of the report.--The report required in paragraph
(1) shall include each of the following:
(A) A discussion of the merits associated with any such
proposed facility that would justify--
(i) using the facility instead of the facility at
United States Naval Station, Guantanamo Bay, Cuba; and
(ii) the proposed facility's contribution to effecting
a comprehensive policy for continuing military detention
operations.
(B) The rationale for selecting the specific site for any
such proposed facility, including details for the processes and
criteria used for identifying the merits described in
subparagraph (A) and for selecting the proposed site over
reasonable alternative sites.
(C) A discussion of any potential risks to any community in
the vicinity of any such proposed facility, the measures that
could be taken to mitigate such risks, and the likely cost to
the Department of Defense of implementing such measures.
(D) A discussion of any necessary modifications to any such
proposed facility to ensure that any detainee transferred from
Guantanamo Bay to such facility could not come into contact
with any other individual, including any other person detained
at such facility, that is not approved for such contact by the
Department of Defense, and an assessment of the likely costs of
such modifications.
(E) A discussion of any support at the site of any such
proposed facility that would likely be provided by the
Department of Defense, including the types of support, the
number of personnel required for each such type, and an
estimate of the cost of such support.
(F) A discussion of any support, other than support
provided at a proposed facility, that would likely be provided
by the Department of Defense for the operation of any such
proposed facility, including the types of possible support, the
number of personnel required for each such type, and an
estimate of the cost of such support.
(G) A discussion of the legal issues, in the judgment of
the Secretary of Defense, that could be raised as a result of
detaining or imprisoning any individual described in subsection
(c) at any such proposed facility that could not be raised
while such individual is detained or imprisoned at United
States Naval Station, Guantanamo Bay, Cuba.
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.
(a) Comprehensive Review Required.--The Secretary of Defense shall
conduct a comprehensive review of Department of Defense policies,
regulations, instructions, and directives pertaining to force
protection within the Department.
(b) Matters Covered.--The review required under subsection (a)
shall include an assessment of each of the following:
(1) Information sharing practices across the Department of
Defense, and among the State, local, and Federal partners of the
Department of Defense.
(2) Antiterrorism and force protection standards relating to
buildings, including standoff distances.
(3) Protective standards relating to chemical, biological,
radiological, nuclear, and high explosives threats.
(4) Standards relating to access to Department bases.
(5) Standards for identity management within the Department,
including such standards for identity cards and biometric
identifications systems.
(6) Procedures for validating and approving individuals with
regular or episodic access to military installations, including
military personnel, civilian employees, contractors, family members
of personnel, and other types of visitors.
(7) Procedures for sharing with appropriate Department of
Defense officials with responsibility for force protection--
(A) information from the intelligence or law enforcement
community regarding possible threats from terrorists or
terrorist groups, criminal organizations, or other state and
non-state foreign entities actively working to undermine the
security interests of the United States; and
(B) information regarding personnel who have engaged in
potentially suspicious activities or may otherwise pose a
threat.
(8) Any legislative changes recommended for implementing the
recommendations contained in the review.
(c) Interim Report.--Not later than September 1, 2012, the
Secretary of Defense shall submit an interim report on the
comprehensive review required under subsection (a).
(d) Final Report.--Not later than March 1, 2013, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a final report on the comprehensive review
required under subsection (a). The final report shall include such
findings and recommendations as the Secretary considers appropriate
based on the review, including recommended actions to be taken to
implement the specific recommendations in the final report. The final
report shall be submitted in an unclassified format, but may include a
classified annex.
Subtitle E--Homeland Defense and Civil Support
SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE
MANAGEMENT RESPONSE FORCES.
(a) Limitation.--The Secretary of Defense shall ensure that no
Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive
Consequence Management Response Force established as of October 1,
2009, is deactivated or disestablished until the Secretary provides a
certification described in subsection (b).
(b) Certification.--The certification described in this subsection
is a written certification to the congressional defense committees that
there exists within the United States Armed Forces an alternative
chemical, biological, radiological, nuclear, or high-yield explosive
consequence management response capability that is at least as capable
as two Chemical, Biological, Radiological, Nuclear, or High-Yield
Explosive Consequence Management Response Forces.
(c) Report Required.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on plans of the
Department of Defense to establish Homeland Response Forces for
domestic emergency response to incidents involving weapons of mass
destruction.
(2) Elements of report.--The report required by this subsection
shall include the following:
(A) A detailed description of the analysis that led to the
decision to establish Homeland Response Forces described in
paragraph (1), including--
(i) whether consideration was given to establishing
Homeland Response Forces within the Reserves; and
(ii) the reasons for not planning to establish any
Homeland Response Forces within the Reserves.
(B) A detailed description of the plans to establish
Homeland Response Forces, including--
(i) the cost and schedule to establish, equip,
maintain, and operate the proposed Homeland Response
Forces;
(ii) guidelines for the employment of Homeland Response
Forces; and
(iii) the portion of the costs of Homeland Response
Forces that will be borne by the States.
(C) A detailed description of the proposed number and
composition of Homeland Response Forces, including--
(i) the number and type of units in each Homeland
Response Force; and
(ii) the number of personnel in each Homeland Response
Force.
(D) A comparative assessment of the emergency response
capabilities of a Homeland Response Force with the capabilities
of a Chemical, Biological, Radiological, Nuclear, or High-Yield
Explosive Consequence Management Response Force, including--
(i) a comparison of the equipment proposed for each
type of force;
(ii) a comparison of the proposed means of
transportation for each type of force;
(iii) an estimate of the time it would take each type
of force to deploy to an incident site; and
(iv) an estimate of the operational duration of each
type of force at such a site.
(E) A description of the command and control arrangements
proposed for the Homeland Response Forces, including a
description of the degree to which the Homeland Response Forces
would be subject to the direction and control of the Department
of Defense, as compared to the Governor of the State in which
they are located.
(F) The results of the United States Northern Command study
of the possible concepts of operations and of the
implementation of the Homeland Response Force plan in such a
manner as to provide adequate capability to provide Federal
defense support to civil authorities during domestic incidents
involving weapons of mass destruction.
(G) Any other matters the Secretary considers appropriate.
(3) Form of report.--The report required by this subsection
shall be in unclassified form, but may include a classified annex.
Subtitle F--Studies and Reports
SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND SKILLS.
(a) Study Required.--
(1) Selection of independent study organization.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall select and enter into an agreement with
an appropriate independent, nonprofit organization to conduct a
study of the matters described in subsection (b).
(2) Qualifications of organization selected.--The organization
selected shall be qualified on the basis of having relevant
expertise in the fields of national security and human capital
development, and on the basis of such other criteria as the
Secretary of Defense may determine.
(b) Matters to Be Covered.--The study required by subsection (a)
shall assess the current state of interagency national security
knowledge and skills in Department of Defense civilian and military
personnel, and make recommendations for strengthening such knowledge
and skills. At minimum, the study shall include assessments and
recommendations on--
(1) interagency national security training, education, and
rotational assignment opportunities available to civilians and
military personnel;
(2) integration of interagency national security education into
the professional military education system;
(3) levels of interagency national security knowledge and
skills possessed by personnel currently serving in civilian
executive and general or flag officer positions, as represented by
the interagency education, training, and professional experiences
they have undertaken;
(4) incentives that enable and encourage military and civilian
personnel to undertake interagency assignment, education, and
training opportunities, as well as disincentives and obstacles that
discourage undertaking such opportunities; and
(5) any plans or current efforts to improve the interagency
national security knowledge and skills of civilian and military
personnel.
(c) Report.--Not later than December 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the findings and recommendations from the study required by
subsection (a).
(d) Definition.--In this section, the term ``interagency national
security knowledge and skills'' means an understanding of, and the
ability to efficiently and expeditiously work within, the structures,
mechanisms, and processes by which the departments, agencies, and
elements of the Federal Government that have national security missions
coordinate and integrate their policies, capabilities, budgets,
expertise, and activities to accomplish such missions.
SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT TRAINING
CENTER.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the need for the
establishment of a Northeast Regional Joint Training Center.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) A list of facilities in the Northeastern United States at
which, as of the date of the enactment of this Act, the Department
of Defense has deployed or has committed to deploying joint
training.
(2) A description of the extent to which such facilities have
sufficient unused capacity and expertise to accommodate and fully
utilize joint training.
(3) A list of potential locations for the Northeast Regional
Joint Training Center discussed in the report.
(c) Considerations With Respect to Location.--In determining
potential locations for the Northeast Regional Joint Training Center to
be discussed in the report required under subsection (a), the Secretary
of Defense shall take into consideration Department of Defense
facilities that have--
(1) a workforce of skilled personnel;
(2) live, virtual, and constructive training capabilities, and
the ability to digitally connect them and the associated battle
command structure at the tactical and operational levels;
(3) an extensive deployment history in Operation Enduring
Freedom and Operation Iraqi Freedom;
(4) a location in the Northeastern United States;
(5) the capacity or potential capacity to accommodate a target
training audience range of 500 to 4,000 additional personnel; and
(6) the capability to accommodate the training of current and
future joint forces.
SEC. 1053. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED REPORTS.
(a) Report Required.--Not later than March 1, 2011, the Comptroller
General of the United States shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report evaluating the sufficiency, adequacy, and
conclusions of the following reports:
(1) The report on Air Force fighter force shortfalls, as
required by the report of the House of Representatives numbered
111-166, which accompanied the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84).
(2) The report on procurement of 4.5 generation fighters, as
required by section 131 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2218).
(3) The report on combat air forces restructuring, as required
by the report of the House of Representatives numbered 111-288,
which accompanied the conference report for the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84).
(b) Matters Covered by Report.--The report required by subsection
(a) shall examine the potential costs and benefits of each of the
following:
(1) The service life extension program costs to sustain the
legacy fighter fleet to meet inventory requirements with an
emphasis on the service life extension program compared to other
options such as procurement of 4.5 generation fighters.
(2) The Falcon Structural Augmentation Roadmap of F-16s, with
emphasis on the cost-benefit of such effort and the effect of such
efforts on the service life of the airframes.
(3) Any additional programs designed to extend the service life
of legacy fighter aircraft.
(c) Prohibition.--No fighter aircraft may be retired from the Air
Force or the Air National Guard inventory in fiscal year 2011 until the
date that is 90 days after the date on which the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives receive the report required under subsection (a).
SEC. 1054. BIENNIAL REPORT ON NUCLEAR TRIAD.
(a) Report.--Not later than March 1 of each even-numbered year,
beginning March 1, 2012, the Secretary of Defense, in consultation with
the Administrator for Nuclear Security, shall submit to the
congressional defense committees a report on the nuclear triad.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A detailed discussion of the modernization and sustainment
plans for each component of the nuclear triad over the 10-year
period beginning on the date of the report.
(2) The funding required for each platform of the nuclear triad
with respect to operation and maintenance, modernization, and
replacement.
(3) Any industrial capacities that the Secretary considers
vital to ensure the viability of the nuclear triad.
(c) Nuclear Triad Defined.--In this section, the term ``nuclear
triad'' means the nuclear deterrent capabilities of the United States
composed of ballistic missile submarines, land-based missiles, and
strategic bombers.
SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON ALIGNMENT OF WORLD
REGIONS IN DEPARTMENTS AND AGENCIES WITH INTERNATIONAL
RESPONSIBILITIES.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study to assess the need for and implications of a
common alignment of world regions in the internal organization of
departments and agencies of the Federal Government with international
responsibilities.
(b) Departments and Agencies.--The following departments and
agencies, at a minimum, shall be included in the study:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of Homeland Security.
(7) The United States Agency for International Development.
(8) The agencies comprising the intelligence community.
(9) Such other departments, agencies, and Federal organizations
with significant international responsibilities as the Comptroller
General considers appropriate.
(c) Cooperation and Access.--The heads of the departments and
agencies included in the study shall provide full cooperation with, and
access to appropriate information on organizational structures to, the
Comptroller General for the purposes of conducting the study.
(d) Matters Covered.--The study required under subsection (a)
shall, at a minimum, assess--
(1) problems and inefficiencies resulting from lack of a common
alignment, including impediments to interagency collaboration;
(2) obstacles to implementing a common alignment;
(3) advantages and disadvantages of a common alignment; and
(4) measures taken to address challenges associated with the
lack of a common alignment.
(e) Report.--The Comptroller General shall submit to Congress a
report on the study required under subsection (a) not later than 180
days after the date of the enactment of this Act.
SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION,
SUSTAINMENT, AND RECAPITALIZATION EFFORTS IN SUPPORT OF THE NATIONAL
DEFENSE STRATEGY.
(a) Air Force Report.--
(1) Report required.--Not later than 360 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report that
includes--
(A) a discussion of the cost, schedule, and performance of
all planned efforts to modernize and keep viable the existing
B-1, B-2, and B-52 bomber fleets and a discussion of the
forecasted service-life and all sustainment challenges that the
Secretary of the Air Force may confront in keeping those
platforms viable until the anticipated retirement of such
aircraft;
(B) a discussion, presented in a comparison and contrast
type format, of the scope of the 2007 Next-Generation Long
Range Strike Analysis of Alternatives guidance and subsequent
Analysis of Alternatives report tasked by the Under Secretary
of Defense for Acquisition, Technology, and Logistics in the
September 11, 2006, Acquisition Decision Memorandum, as
compared to the scope and directed guidance of the year 2010
Long Range Strike Study effort currently being conducted by the
Under Secretary of Defense for Policy and the Office of the
Secretary of Defense's Cost Assessment and Program Evaluation
Office; and
(C) a discussion of the preliminary costs, any development,
testing, fielding and operational employment challenges,
capability gaps, limitations, and shortfalls of the Secretary
of Defense's plan to field a long-range, penetrating,
survivable, persistent and enduring ``family of systems'' as
compared to the preliminary costs, any development, testing,
fielding, and operational employment of a singular platform
that encompasses all the required aforementioned
characteristics.
(2) Preparation of report.--The report under paragraph (1)
shall be prepared by a federally funded research and development
center selected by the Secretary of the Air Force and submitted to
the Secretary for submittal by the Secretary in accordance with
that paragraph.
(b) Cost Analysis and Program Evaluation Report.--Not later than
180 days after the date of the enactment of this Act, the Director of
the Cost Analysis and Program Evaluation of the Office of the Secretary
of Defense shall submit to the congressional defense committees a
report that includes--
(1) the assumptions and estimated life-cycle costs of the
Department's long-range, penetrating, survivable, persistent, and
enduring ``family of systems'' platforms; and
(2) the assumptions and estimated life-cycle costs of the Next
Generation Platform program, as planned, prior to the cancellation
of the program on April 6, 2009.
SEC. 1057. COMPTROLLER GENERAL STUDY AND RECOMMENDATIONS REGARDING
SECURITY OF SOUTHERN LAND BORDER OF THE UNITED STATES.
(a) Study and Report Required.--The Comptroller General of the
United States shall conduct a study of the security of the southern
land border of the United States and ongoing United States Government
efforts to improve such security. Not later than 180 days 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 the findings of the study and such
recommendations based on such findings as the Comptroller General
considers to be appropriate.
(b) Issues Addressed.--The study and report required by subsection
(a) shall address, at a minimum, the following issues:
(1) The extent to which the United States has or has not
achieved and maintained operational control over the southern land
border of the United States, as defined in section 2(b) of the
Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(2) The extent to which any lack of operational control over
the southern land border of the United States has resulted in the
operation of illicit networks trafficking in people, drugs, illegal
weapons and money, violence associated with such illegal
activities, and other impacts adverse to the interests of the
United States.
(3) The costs and benefits of steps, including but not limited
to the steps identified in subsection (c), that could be taken by
elements of the United States Government to achieve operational
control over the southern land border of the United States.
(4) The costs and benefits of an increased role for the
Department of Defense in taking any such steps.
(5) The adequacy of current information sharing agreements and
other related agreements between Federal, State, local, and tribal
law enforcement authorities with regard to the security of the
southern land border of the United States.
(6) The impact of any increased deployment of unmanned aerial
systems or unmanned aircraft on the use and availability of the
National Airspace in the area of the southern land border of the
United States.
(c) Specific Steps to Be Considered.--The steps to be considered by
the Comptroller General pursuant to paragraphs (3) and (4) of
subsection (b) shall include the following:
(1) The deployment of additional units or members of the
National Guard or other Department of Defense personnel to the
southern land border of the United States.
(2) The commitment of additional border patrol agents or other
civilian law enforcement personnel to the southern land border of
the United States.
(3) The construction of additional fencing, including double-
layer and triple-layer fencing.
(4) The increased use of ground-based mobile surveillance
systems by military or civilian personnel.
(5) The deployment of additional unmanned aerial systems and
manned aircraft to provide surveillance of the southern land border
of the United States.
(6) The deployment and provision of capability for radio
communications interoperability between U.S. Customs and Border
Protection and State, local, and tribal law enforcement agencies.
(7) The construction of checkpoints along the southern land
border of the United States.
(8) The use of additional mobile patrols by military or
civilian personnel, particularly in rural, high-trafficked areas,
as designated by the Commissioner of Customs and Border Protection.
Subtitle G--Miscellaneous Authorities and Limitations
SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE REPORTS
REQUIRED BY LAW.
(a) Public Availability.--
(1) In general.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 122 the following new section:
``Sec. 122a. Public availability of Department of Defense reports
required by law
``(a) In General.--The Secretary of Defense shall ensure that each
report described in subsection (b) is made available to the public,
upon request submitted on or after the date on which such report is
submitted to Congress, through the Office of the Assistant Secretary of
Defense for Public Affairs.
``(b) Covered Reports.--(1) Except as provided in paragraph (2), a
report described in this subsection is any report that is required by
law to be submitted to Congress by the Secretary of Defense, or by any
element of the Department of Defense.
``(2) A report otherwise described in paragraph (1) is not a report
described in this subsection if the report contains--
``(A) classified information;
``(B) proprietary information;
``(C) information that is exempt from disclosure under section
552 of title 5 (commonly referred to as the `Freedom of Information
Act'); or
``(D) any other type of information that the Secretary of
Defense determines should not be made available to the public in
the interest of national security.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 3 of such title is amended by inserting after the item
relating to section 122 the following new item:
``122a. Public availability of Department of Defense reports required by
law.''.
(b) Effective Date.--Section 122a of title 10, United States Code
(as added by subsection (a)), shall take effect 90 days after the date
of the enactment of this Act, and shall apply with respect to reports
that are required by law to be submitted to Congress on or after that
date.
SEC. 1062. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT TO
LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE PRIVATELY
OWNED FIREARMS, AMMUNITION, AND OTHER WEAPONS.
(a) In General.--Except as provided in subsection (c), the
Secretary of Defense shall not prohibit, issue any requirement relating
to, or collect or record any information relating to the otherwise
lawful acquisition, possession, ownership, carrying, or other use of a
privately owned firearm, privately owned ammunition, or another
privately owned weapon by a member of the Armed Forces or civilian
employee of the Department of Defense on property that is not--
(1) a military installation; or
(2) any other property that is owned or operated by the
Department of Defense.
(b) Existing Regulations and Records.--
(1) Regulations.--Any regulation promulgated before the date of
enactment of this Act shall have no force or effect to the extent
that it requires conduct prohibited by this section.
(2) Records.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall destroy any
record containing information described in subsection (a) that was
collected before the date of enactment of this Act.
(c) Rule of Construction.--Subsection (a) shall not be construed to
limit the authority of the Secretary of Defense to--
(1) create or maintain records relating to, or regulate the
possession, carrying, or other use of a firearm, ammunition, or
other weapon by a member of the Armed Forces or civilian employee
of the Department of Defense while--
(A) engaged in official duties on behalf of the Department
of Defense; or
(B) wearing the uniform of an Armed Force; or
(2) create or maintain records relating to an investigation,
prosecution, or adjudication of an alleged violation of law
(including regulations not prohibited under subsection (a)),
including matters related to whether a member of the Armed Forces
constitutes a threat to the member or others.
(d) Review.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the privately owned
weapons policy of the Department of Defense, including legal and
policy issues regarding the regulation of privately owned firearms
off of a military installation, as recommended by the Department of
Defense Independent Review Related to Fort Hood; and
(2) submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
report regarding the findings of and recommendations relating to
the review conducted under paragraph (1), including any
recommendations for adjustments to the requirements under this
section.
(e) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term under section
2687(e)(1) of title 10, United States Code.
SEC. 1063. DEVELOPMENT OF CRITERIA AND METHODOLOGY FOR DETERMINING THE
SAFETY AND SECURITY OF NUCLEAR WEAPONS.
(a) In General.--The Secretary of Energy and the Secretary of
Defense shall, acting through the Nuclear Weapons Council, develop the
following:
(1) Criteria for determining the appropriate baseline for
safety and security of nuclear weapons through the life cycle of
such weapons.
(2) A methodology for determining the level of safety and
security that may be achieved through a life extension program for
each type of nuclear weapon.
(b) Report Required.--Not later than March 1, 2012, the Secretary
of Energy and the Secretary of Defense shall jointly submit to the
congressional defense committees a report containing the criteria and
the methodology developed pursuant to subsection (a).
Subtitle H--Other Matters
SEC. 1071. NATIONAL DEFENSE PANEL.
Subsection (f) of section 118 of title 10, United States Code, is
amended to read as follows:
``(f) National Defense Panel.--
``(1) Establishment.--Not later than February 1 of a year in
which a quadrennial defense review is conducted under this section,
there shall be established an independent panel to be known as the
National Defense Panel (in this subsection referred to as the
`Panel'). The Panel shall have the duties set forth in this
subsection.
``(2) Membership.--The Panel shall be composed of ten members
from private civilian life who are recognized experts in matters
relating to the national security of the United States. Eight of
the members shall be appointed as follows:
``(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
``(B) Two by the chairman of the Committee on Armed
Services of the Senate.
``(C) Two by the ranking member of the Committee on Armed
Services of the House of Representatives.
``(D) Two by the ranking member of the Committee on Armed
Services of the Senate.
``(3) Co-chairs of the panel.--In addition to the members
appointed under paragraph (2), the Secretary of Defense shall
appoint two members from private civilian life to serve as co-
chairs of the panel.
``(4) 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.
``(5) Duties.--The Panel shall have the following duties with
respect to a quadrennial defense review:
``(A) While the review is being conducted, the Panel shall
review the updates from the Secretary of Defense required under
paragraph (8) on the conduct of the review.
``(B) The Panel shall--
``(i) review the Secretary of Defense's terms of
reference and any other materials providing the basis for,
or substantial inputs to, the work of the Department of
Defense on the quadrennial defense review;
``(ii) conduct an assessment of the assumptions,
strategy, findings, and risks of the report on the
quadrennial defense review required in subsection (d), with
particular attention paid to the risks described in that
report;
``(iii) conduct an independent assessment of a variety
of possible force structures of the armed forces, including
the force structure identified in the report on the
quadrennial defense review required in subsection (d);
``(iv) review the resource requirements identified
pursuant to subsection (b)(3) and, to the extent
practicable, make a general comparison to the resource
requirements to support the forces contemplated under the
force structures assessed under this subparagraph; and
``(v) provide to Congress and the Secretary of Defense,
through the report under paragraph (7), any recommendations
it considers appropriate for their consideration.
``(6) First meeting.--If the Secretary of Defense has not made
the Secretary's appointments to the Panel under paragraph (3) by
February 1 of a year in which a quadrennial defense review is
conducted under this section, the Panel shall convene for its first
meeting with the remaining members.
``(7) Report.--Not later than 3 months after the date on which
the report on a quadrennial defense review is submitted under
subsection (d) to the congressional committees named in that
subsection, the Panel established under paragraph (1) shall submit
to those committees an assessment of the quadrennial defense
review, including a description of the items addressed under
paragraph (5) with respect to that quadrennial defense review.
``(8) Updates from secretary of defense.--The Secretary of
Defense shall ensure that periodically, but not less often than
every 60 days, or at the request of the co-chairs, the Department
of Defense briefs the Panel on the progress of the conduct of a
quadrennial defense review under subsection (a).
``(9) Administrative provisions.--
``(A) The Panel may request directly from the Department of
Defense and any of its components such information as the Panel
considers necessary to carry out its duties under this
subsection. The head of the department or agency concerned
shall cooperate with the Panel to ensure that information
requested by the Panel under this paragraph is promptly
provided to the maximum extent practical.
``(B) Upon the request of the co-chairs, the Secretary of
Defense shall make available to the Panel the services of any
federally funded research and development center that is
covered by a sponsoring agreement of the Department of Defense.
``(C) The Panel shall have the authorities provided in
section 3161 of title 5 and shall be subject to the conditions
set forth in such section.
``(D) Funds for activities of the Panel shall be provided
from amounts available to the Department of Defense.
``(10) Termination.--The Panel for a quadrennial defense review
shall terminate 45 days after the date on which the Panel submits
its final report on the quadrennial defense review under paragraph
(7).''.
SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL
HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCIES.
(a) State and Local Agencies to Which Sales May Be Made.--Section
2576 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``State and local law enforcement and
firefighting agencies'' and inserting ``State and local law
enforcement, firefighting, homeland security, and emergency
management agencies''; and
(B) by striking ``in carrying out law enforcement and
firefighting activities'' and inserting ``in carrying out law
enforcement, firefighting, homeland security, and emergency
management activities''; and
(2) in subsection (b), by striking ``State or local law
enforcement or firefighting agency'' both places it appears and
inserting ``State or local law enforcement, firefighting, homeland
security, or emergency management agency''.
(b) Types of Equipment That May Be Sold.--Subsection (a) of such
section is further amended by striking ``and protective body armor''
and inserting ``personal protective equipment, and other appropriate
equipment''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland security, and emergency
management agencies''.
(2) Table of sections.--The item relating to section 2576 in
the table of sections at the beginning of chapter 153 of such title
is amended to read as follows:
``2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland security, and emergency
management agencies.''.
SEC. 1073. DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVATION PROGRAM.
(a) Program Established.--The Secretary of Defense shall establish
a competitive, merit-based program to accelerate the fielding of
technologies developed pursuant to phase II Small Business Innovation
Research Program projects, technologies developed by the defense
laboratories, and other innovative technologies (including dual use
technologies). The purpose of this program is to stimulate innovative
technologies and reduce acquisition or lifecycle costs, address
technical risks, improve the timeliness and thoroughness of test and
evaluation outcomes, and rapidly insert such products directly in
support of primarily major defense acquisition programs, but also other
defense acquisition programs that meet critical national security
needs.
(b) Guidelines.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue guidelines for the
operation of the program. At a minimum such guidance shall provide for
the following:
(1) The issuance of an annual broad agency announcement or the
use of any other competitive or merit-based processes by the
Department of Defense and by each military department for candidate
proposals in direct support of primarily major defense acquisition
programs, but also other defense acquisition programs as described
in subsection (a).
(2) The review of candidate proposals by the Department of
Defense and by each military department and the merit-based
selection of the most promising cost-effective proposals for
funding through contracts, cooperative agreements, and other
transactions for the purposes of carrying out the program.
(3) The total amount of funding provided to any project under
the program shall not exceed $3,000,000, unless the Secretary, or
the Secretary's designee, approves a larger amount of funding for
the project. Any such approval shall be made on a case-by-case
basis and notice of any such approval shall be submitted to the
congressional defense committees by not later than 30 days after
such approval is made.
(4) No project shall be funded under the program for more than
two years, unless the Secretary, or the Secretary's designee,
approves funding for any additional year. Any such approval shall
be made on a case-by-case basis and notice of any such approval
shall be submitted to the congressional defense committees by not
later than 30 days after such approval is made.
(c) Treatment Pursuant to Certain Congressional Rules.--Nothing in
this section shall be interpreted to require or enable any official of
the Department of Defense to provide funding under this section to any
earmark as defined pursuant to House Rule XXI, clause 9, or any
congressionally directed spending item as defined pursuant to Senate
Rule XLIV, paragraph 5.
(d) Funding.--Subject to the availability of appropriations for
such purpose, the amounts authorized to be appropriated for research,
development, test, and evaluation for each of fiscal years 2011 through
2015 may be used for any such fiscal year for the program established
under subsection (a).
(e) Transfer Authority.--The Secretary may transfer funds available
for the program to the research, development, test, and evaluation
accounts of a military department, defense agency, or the unified
combatant command for special operations forces pursuant to a proposal,
or any part of a proposal, that the Secretary determines would directly
support the purposes of the program. The transfer authority provided in
this subsection is in addition to any other transfer authority
available to the Department of Defense.
(f) Report.--Not later than 60 days after the last day of a fiscal
year during which the Secretary carries out a program under this
section, the Secretary shall submit to the congressional defense
committees a report that includes a list and description of each
project funded under this section, including, for each such project,
the amount of funding provided for the project, the defense acquisition
program that the project supports, including the extent to which the
project meets needs identified in its acquisition plan, the anticipated
timeline for transition for the project, and the degree to which a
competitive, merit-based process was used to evaluate and select the
performers of the projects selected under this program.
(g) Termination.--The authority to carry out a program under this
section shall terminate on September 30, 2015. Any amounts made
available for the program that remain available for obligation on the
date the program terminates may be transferred under subsection (e)
during the 180-day period beginning on the date of the termination of
the program.
SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE FOR
DOMESTIC EMERGENCY ASSISTANCE.
(a) Domestic Authority.--Section 2557 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by adding at the end the following
new sentence: ``In addition, the Secretary may make nonlethal
excess supplies of the Department available to support domestic
emergency assistance activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``Excess''; and
(B) by adding at the end the following new paragraph:
``(2) Excess supplies made available under this section to support
domestic emergency assistance activities shall be transferred to the
Secretary of Homeland Security. The Secretary of Defense may provide
assistance in the distribution of such supplies at the request of the
Secretary of Homeland Security.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for humanitarian
relief, domestic emergency assistance, and homeless veterans
assistance''.
(2) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 152 of such title
is amended to read as follows:
``2557. Excess nonlethal supplies: availability for humanitarian relief,
domestic emergency assistance, and homeless veterans
assistance.''.
SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 8344(l)(2)(B), as added by section 1122(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2505), is amended by striking ``5201 et seq.''
and inserting ``5211 et seq.''.
(2) Section 9902(a)(2), as added by section 1113(d) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2499), is amended by striking ``chapters'' both
places it appears and inserting ``chapter''.
(b) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The tables of chapters at the beginning of subtitle A and
at the beginning of part II of such subtitle are amended by
striking ``1031'' in the item relating to chapter 53 and inserting
``1030''.
(2) Section 127a is amended--
(A) in subsection (a)(1)(A), by striking ``Armed Forces''
and inserting ``armed forces''; and
(B) in subsection (b)(1) by striking ``Armed Forces'' both
places it appears and inserting ``armed forces''.
(3) Section 127d(d)(1) is amended by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(4) Section 132 is amended--
(A) by redesignating subsection (d), as added by section
2831(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2669), as subsection
(e); and
(B) in such subsection, by striking ``Guam Executive
Council'' and inserting ``Guam Oversight Council''.
(5) Section 139c(d)(4) is amended by adding at period at the
end.
(6) Section 139d(a)(6) is amended by striking ``propriety'' and
inserting ``proprietary''.
(7) Section 172 is amended--
(A) by striking ``(a)'' before ``The Secretaries''; and
(B) by striking subsection (b).
(8) Section 181(b)(3) is amended by striking ``Performance
Evaluation'' and inserting ``Program Evaluation''.
(9) Section 186 is amended by redesignating the second
subsection (c) (relating to definitions) as subsection (d).
(10)(A) Section 382 is amended by striking ``section 175 or
2332c'' in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and
inserting ``section 175, 229, or 2332a''.
(B) The heading of such section is amended by striking
``chemical or biological''.
(C) The table of sections at the beginning of chapter 18 is
amended by striking the item relating to section 382 and inserting
the following new item:
``382. Emergency situations involving weapons of mass destruction.''.
(11) Section 428(f) is amended by striking ``, United States
Code,''.
(12) Section 525 is amended--
(A) in subsection (d), by striking ``section 601(b)(4)''
and inserting ``section 601(b)(5)''; and
(B) in subsection (g)(1)--
(i) by striking ``and is not'' and inserting ``and are
not''; and
(ii) by adding at period at the end.
(13) Section 841(c) is amended by striking ``trail counsel''
and inserting ``trial counsel''.
(14) Section 843(b)(2)(B)(v) is amended by striking
``Kidnaping; indecent assault;'' and inserting ``Kidnaping,
indecent assault,''.
(15) Section 1030(e)(1) is amended by striking ``3 years,'' and
inserting ``three years.''.
(16) Section 1146 is amended--
(A) in subsection (a), by striking ``(a) Benefits for
Members Involuntarily Separated.--'', as added by section 5(1)
of Public Law 110-317 (122 Stat. 3528);
(B) by redesignating the second subsection (b) as
subsection (c); and
(C) in subsection (c), as so redesignated--
(i) by striking ``Benefits for'' in the subsection
heading;
(ii) by striking ``Armed Forces'' in the matter
preceding paragraph (1) and inserting ``armed forces''; and
(iii) by striking ``the members entitlement'' in
paragraph (2) and inserting ``the member's entitlement''.
(17) Section 1174(i) is amended by striking ``Armed Forces''
each place it appears and inserting ``armed forces''.
(18) Section 1175a(j)(3) is amended by striking ``title 10''
and inserting ``this title''.
(19) Section 1203(b)(4)(B) is amended by striking
``determination,,'' and inserting ``determination,''.
(20) Section 1482a(c)(3) is amended by striking ``section
1482(a)(11)'' and inserting ``section 1482(e)(5)(A)''.
(21) Section 1566a(a)(1) is amended by inserting a close
parenthesis before the period at the end.
(22) Section 1599c(a)(2)(B) is amended by striking ``subchapter
1'' and inserting ``subchapter I''.
(23) Section 1781b(d) is amended by striking ``March 1, 2008,
and each year thereafter'' and inserting ``March 1 each year''.
(24) Section 1781c(h)(1) is amended by striking ``180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010, and annually thereafter''
and inserting ``April 30 each year''.
(25) Section 1788(b) is amended by striking ``Armed Forces''
and inserting ``armed forces''.
(26) Section 2004b(b)(1) is amended by striking ``pay grade 0-
3'' and inserting ``pay grade O-3''.
(27) The table of sections at the beginning of chapter 104 is
amended by transferring the item relating to section 2113a to
appear after the item relating to section 2113.
(28) Section 2130a(b)(1) is amended by striking ``Training
Program'' both places it appears and inserting ``Training Corps
program''.
(29) Section 2222(a) is amended by striking ``Effective October
1, 2005, funds'' and inserting ``Funds''.
(30) The table of sections at the beginning of subchapter I of
chapter 134, as amended by section 1031(a)(2) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2448), is amended by transferring the item relating to
section 2241a from the end of the table of sections to appear after
the item relating to section 2241.
(31) Section 2323(a)(1)(D) is amended by inserting a close
parenthesis before the semicolon.
(32) Section 2362(e)(1) is amended by striking ``IV'' and
inserting ``V''.
(33) Section 2366a(c) is amended--
(A) by inserting a space between ``(c)'' and the subsection
heading; and
(B) in paragraph (4), by striking ``section 125a(a) of this
title'' and inserting ``section 118b(c)(3) of this title''.
(34) Section 2433(a)(1) is amended by striking ``section
2430a(c)'' and inserting ``section 2430a(d)''.
(35) Section 2433a(b)(2)(B) is amended by striking ``section
181(g)((1)'' and inserting ``section 181(g)(1)''.
(36) Section 2476(d)(2)(D) is amended by striking ``Navy
Depots'' and inserting ``Navy depots''.
(37) Section 2488(f) is amended by striking ``Armed Forces''
both places it appears and inserting ``armed forces''.
(38) Section 2533a(d) is amended in paragraphs (1) and (4) by
striking ``(b)(1)(A), (b)(2), or (b)(3)'' and inserting ``(b)(1)(A)
or (b)(2)''.
(39) Section 2603 is amended by striking ``Armed Forces'' both
places it appears and inserting ``armed forces''.
(40) Section 2642(a)(3) is amended by striking ``During the
five-year period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2010'' and
inserting ``During the period beginning on October 28, 2009, and
ending on October 28, 2014''.
(41) Section 2667(e) is amended--
(A) in paragraph (1)(A)(ii), by striking ``sections 2668
and 2669'' and inserting ``section 2668''; and
(B) in paragraph (5), by striking ``subsection (f)'' and
inserting ``subsection (g)''.
(42) Section 2671(a)(2) is amended by striking ``Armed Forces''
and inserting ``armed forces''.
(43) Section 2684a(g)(1) is amended by striking ``March 1,
2007, and annually thereafter'' and inserting ``March 1 each
year''.
(44) Section 2687a(a) is amended by striking ``31for'' and
inserting ``31 for''.
(45) Section 2694c(d)(4) is amended by inserting
``Authorization'' after ``Military Construction''.
(46) Chapter 160 is amended--
(A) in section 2700(2), by inserting ```pollutant or
contaminant','' after ```person',''; and
(B) in section 2701(b)(1), by striking ``hazardous
substances, pollutants, and contaminants'' and inserting ``a
hazardous substance or pollutant or contaminant''.
(47) The table of subchapters at the beginning of chapter 173
is amended by inserting ``Sec.'' above ``2911''.
(48) Section 2922d is amended by striking ``1 or more'' each
place it appears and inserting ``one or more''.
(49) Section 7042(a)(1)(A) is amended by striking the comma
after ``captain''.
(50) Section 9515 is amended--
(A) in subsection (b), by striking ``Section 1356 of the
National Defense Authorization Act for 2008'' and inserting
``section 1356 of the National Defense Authorization Act for
Fiscal Year 2008'';
(B) in subsection (f)(2), by striking ``paragraph (2)'' and
inserting ``paragraph (1)''; and
(C) in subsection (j)(1), by striking ``United States
Code,''.
(51) Section 10214 is amended by striking ``14508(e)'' and
inserting ``14508(h)''.
(52) Section 10216 is amended by striking ``section 115(c)'' in
subsections (b)(1), (c)(1), and (c)(2)(A) and inserting ``section
115(d)''.
(53) Section 10217(c)(1) is amended--
(A) by striking ``Effective October 1, 2007, the'' and
inserting ``The''; and
(B) by striking ``after the preceding sentence takes
effect''.
(54) Section 12203(a) is amended by striking ``above'' in the
first sentence and inserting ``of''.
(55) Section 16132a is amended--
(A) in subsection (b)(1), by striking ``agreement to
service'' and inserting ``agreement to serve''; and
(B) in subsection (i)(2), by striking ``whose''.
(56) Section 16163a(b)(2) is amended by striking ``section
(j)'' and inserting ``subsection (j)''.
(c) Title 37.--Title 37, United States Code, is amended as follows:
(1) Section 303a(e)(3)(B) is amended by inserting ``of'' after
``result''.
(2) The table of sections at the beginning of chapter 5 is
amended by striking the item related to section 312 and inserting
the following new item:
``312. Special pay: nuclear-qualified officers extending period of
active service.''.
(3) The table of sections at the beginning of chapter 7 is
amended--
(A) by striking the item related to section 438 and
inserting the following new item:
``411k. Travel and transportation allowances: non-medical attendants for
members who are determined to be very seriously or seriously
wounded, ill, or injured.''; and
(B) by striking the item related to section 438 and
inserting the following new item:
``438. Preventive health services allowance.''.
(4) Section 411k(d)(1) is amended by striking ``allowances
section'' and inserting ``allowances under section''.
(d) National Defense Authorization Act for Fiscal Year 2010.--
Effective as of October 28, 2009, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) is amended as follows:
(1) Section 325(d)(4) (123 Stat. 2254) is amended by striking
``section 236'' and inserting ``section 235''.
(2) Section 502(c)(3) (123 Stat. 2274) is amended by striking
``officers'' and inserting ``general officers and flag officers''.
(3) Section 581(a)(1)(C) (123 Stat. 2326) is amended by
striking ``subsection (f)'' and inserting ``subsection (g), as
redesignated by section 582(b)(1)''.
(4) Section 584(a) (123 Stat. 2330) is amended by striking
``such Act'' and inserting ``the Uniformed and Overseas Citizens
Absentee Voting Act''.
(5) Section 585(b)(1) (123 Stat. 2331) is amended by striking
subparagraphs (A) and (B), and inserting the following new
subparagraphs:
``(A) in paragraph (2), by striking `section 102(4)' and
inserting `section 102(a)(4)'; and
``(B) by striking paragraph (4) and inserting the following
new paragraph:
```(4) prescribe a suggested design for absentee ballot mailing
envelopes;'; and''.
(6) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``section 107(a)'' and inserting
``section 107(1)''; and
(ii) by striking ``1973ff et seq.'' and inserting
``1973ff-6(1)''; and
(B) in subsection (e)(1), by striking ``1977ff note'' and
inserting ``1973ff note''.
(7) The undesignated section immediately following section 603
(123 Stat. 2350) is designated as section 604.
(8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is
amended--
(A) by striking ``feasability'' both places it appears and
inserting ``feasibility''; and
(B) by striking ``specialities'' both places it appears and
inserting ``specialties''.
(9) Section 813(a)(3) (123 Stat. 2407) is amended by inserting
``order'' after ``task'' in the matter to be struck.
(10) Section 921(b)(2) (123 Stat. 2432) is amended by inserting
``subchapter I of'' before ``chapter 21''.
(11) Section 1014(c) (123 Stat. 2442) is amended by striking
``in which the support'' and inserting ``in which support''.
(12) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) is
amended by striking ``et 13 seq.'' and inserting ``et seq.''.
(13) Section 1055(f) (123 Stat. 2462) is amended by striking
``Combating'' and inserting ``Combatting''.
(14) Section 1063(d)(2) (123 Stat. 2470) is amended by striking
``For purposes of this section, the'' and inserting ``The''.
(15) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) is
amended--
(A) by striking ``title 14'' and inserting ``title XIV'';
(B) by striking ``title 10'' and inserting ``title X''; and
(C) by striking ``the Military Commissions Act of 2006 (10
U.S.C. 948 et seq.; Public Law 109-366)'' and inserting
``chapter 47A of title 10, United States Code''.
(16) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note
prec.) is amended by striking ``the Secretary'' in the first
sentence and inserting ``the Secretary of Defense''.
(17) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 note) is
amended by inserting ``United States Code,'' after ``title 5,'' the
first place it appears.
(18) Section 1202(c) (123 Stat. 2512) is amended--
(A) by striking ``1208(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2086) is amended in the second sentence'' and
inserting ``1208(f)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as amended by section 1202(a) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 363), is further amended''; and
(B) by redesignating paragraphs (1) through (8), as
proposed to be inserted, as subparagraphs (A) through (H),
respectively and indenting the left margin of such
subparagraphs, as so redesignated, 4 ems from the left margin.
(19) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is
amended by inserting a space between the first short title and
``or''.
(20) Section 1306(b) (123 Stat. 2560) is amended by striking
``fiscal year'' and inserting ``Fiscal Year''.
(21) Subsection (b) of section 1803 (123 Stat. 2612) is amended
to read as follows:
``(b) Appellate Review Under Detainee Treatment Act of 2005.--
``(1) Department of defense, emergency supplemental
appropriations to address hurricanes in the gulf of mexico, and
pandemic influenza act, 2006.--Section 1005(e) of the Detainee
Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C. 801
note) is amended by striking paragraph (3).
``(2) National defense authorization act for fiscal year
2006.--Section 1405(e) of the Detainee Treatment Act of 2005
(Public Law 109-163; 10 U.S.C. 801 note) is amended by striking
paragraph (3).''.
(22) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by
striking the comma after ``5941''.
(23) Section 2804(d)(2) (123 Stat. 2662) is amended by
inserting ``subchapter III of'' before ``chapter 169''.
(24) Section 2835(f)(1) (123 Stat. 2677) is amended by striking
``publically-available'' and inserting ``publicly available''.
(25) Section 3503(b)(1) (123 Stat. 2719) is amended by striking
the extra quotation marks.
(26) Section 3508(1) (123 Stat. 2721) is amended by striking
``headline'' and inserting ``heading''.
(e) Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009.--The Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417) is amended as follows:
(1) Section 143(b)(1) (122 Stat. 4381; 10 U.S.C. 2304 note) is
amended by striking ``identifies'' and inserting ``identify''.
(2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 2431 note) is
amended by striking ``section'' and inserting ``subsection''.
(3) Section 233(a)(3) (122 Stat. 4393) is amended by striking
``122 Stat. 42'' and inserting ``122 Stat. 43''.
(4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 8062 note) is
amended by striking ``their'' and inserting ``its''.
(5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 2911 note) is
amended by striking ``section (d)'' and inserting ``subsection
(d)''.
(6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 2302 note) is
amended by inserting a comma after ``Agent''.
(7) Section 596(b)(1)(D) (10 U.S.C. 1071 note), as amended by
section 594 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended by
striking ``or flag'' the second place it appears.
(8) Section 597(f) (122 Stat. 4481) is amended by striking
``meeting'' and inserting ``meanings''.
(9) Section 604(b) (122 Stat. 4483) is amended by inserting
``of'' after ``(a)(1)''.
(10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 353 note) is
amended by striking ``such subsections'' and inserting ``such
subsection''.
(11) Section 711(d)(2) (122 Stat. 4501) is amended by striking
``1111((b)'' and inserting ``1111(b)(3)''.
(12) Effective as of October 14, 2008, and as if included in
Public Law 110-417 as enacted, section 727(b)(2) is amended by
striking ``compelling''.
(13) Section 822(c)(1)(A) (122 Stat. 4532) is amended by
striking ``this title'' and inserting ``title 10, United States
Code''.
(14) Section 863(b)(3)(A) (122 Stat. 4547) is amended by
striking ``subsection (d)(2)(A)'' and inserting ``subsection
(d)(3)(A)''.
(15) Section 869 (122 Stat. 4553) is amended--
(A) in subsection (b), by striking ``433(a)'' and inserting
``433a(a)''; and
(B) in subsection (c)(4)--
(i) by striking ``37(j)'' and inserting ``37(g)''; and
(ii) by striking ``433(j)'' and inserting ``433(g)''.
(16) Section 873(a)(4) (122 Stat. 4558; 10 U.S.C. 6101 note) is
amended by striking ``to Government'' and inserting ``to the
Government''.
(17) Section 1111 (10 U.S.C. 143 note), as amended by section
1109 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2492), is amended--
(A) in subsection (a)(1), by striking ``section 821'' and
inserting ``section 833''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``secretary of a military department'' and inserting
``Secretary of a military department'';
(ii) in paragraph (1)--
(I) by striking ``the the requirements'' and
inserting ``the requirements''; and
(II) by striking ``this title'' and inserting
``such title''; and
(iii) in paragraph (2), by striking ``any any of the
following'' and inserting ``any of the following''.
(18) Section 1602(5) (122 Stat. 4653; 22 U.S.C. 2368 note) is
amended by striking ``a Active'' and inserting ``an Active''.
(19) Section 3113 (122 Stat. 4754; 50 U.S.C. 2444) is amended--
(A) in subsection (b)(2), by inserting a close parenthesis
before the semicolon; and
(B) in subsection (d)(2), by striking ``fails repay'' and
inserting ``fails to repay''.
(20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is amended
by inserting a period at the end of subsection (f).
(f) National Defense Authorization Act for Fiscal Year 2008.--The
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended as follows:
(1) Section 624 (122 Stat. 153; 37 U.S.C. 307a note) is
amended--
(A) in subsection (a), by striking ``Operating'' and
inserting ``Operation''; and
(B) in subsection (b), by striking ``Operating'' and
inserting ``Operation''.
(2) Effective as of January 28, 2008, and as if included in
Public Law 110-181 as enacted, section 804 (122 Stat. 208) is
amended--
(A) in subsection (a)(3), by striking ``speciality'' and
inserting ``specialty''; and
(B) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (d)(1)''.
(3) Section 808 (122 Stat. 215; 10 U.S.C. 2330 note) is amended
by redesignating the second subsection (c) as subsection (d).
(4) Section 827(a)(2) (122 Stat. 228; 10 U.S.C. 2410n note) is
amended by striking ``subsection (a)'' and inserting ``paragraph
(1)''.
(5) Section 843 (122 Stat. 236) is amended--
(A) in subsection (a)(2)(C), by striking ``paragraph (1)''
and inserting ``subparagraph (A)''; and
(B) in subsection (b)(2)(C), by striking ``paragraph (1)''
and inserting ``subparagraph (A)''.
(6) Section 890 (122 Stat. 269; 10 U.S.C. 2302 note) is
amended--
(A) in subsection (a), by inserting ``Act'' before ``of
1979'';
(B) in subsection (b), by inserting ``Act'' before ``of
1979''; and
(C) in subsection (d)(1), by striking ``sections'' and
inserting ``parts''.
(7) Section 1063(a)(16) (122 Stat. 322) is amended by striking
``(1)''.
(8) Effective as of January 28, 2008, and as if included in
Public Law 110-181 as enacted, section 1075(a) (122 Stat. 333) is
amended by striking ``June'' and inserting ``September''.
(9) Section 1243(c) (122 Stat. 396) is amended by striking
``4))'' and inserting ``4)))''.
(10) Section 1244(a)(3) (122 Stat. 396) is amended by striking
``4))'' and inserting ``4)))''.
(g) John Warner National Defense Authorization Act for Fiscal Year
2007.--Effective as of October 17, 2006, and as if included therein as
enacted, the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) is amended as follows:
(1) Section 321(a)(1) (120 Stat. 2144; 10 U.S.C. 2222 note) is
amended by striking ``Public Law 190-163'' and inserting ``Public
Law 109-163''.
(2) Section 348(2) (120 Stat. 2159) is amended in the matter to
be struck from and inserted in section 366(d) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2523) by striking ``within'' both places it
appears and inserting ``Within''.
(3) Section 355(b)(1) (120 Stat. 2162) is amended in the matter
to be struck from section 344 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. note prec.
1030) by striking ``Operation Iraqi Freedom and Operation Enduring
Freedom'' and inserting ``Operation Enduring Freedom and Operation
Iraqi Freedom''.
(4) Section 511(b)(3) (120 Stat. 2183) is amended in the matter
preceding subparagraph (A) by striking ``section'' and inserting
``title''.
(5) Section 705(b)(2) (120 Stat. 2281; 10 U.S.C. 1074g note) is
amended by striking ``section 1074g(a)(2)(E)'' and inserting
``section 1074g(a)(2)''.
(6) Section 2821(b)(1) (120 Stat. 2474) is amended by inserting
``by striking'' after ``subsection (a)(1),''.
(h) National Defense Authorization Act for Fiscal Year 2006.--
Effective as of January 6, 2006, and as if included therein as enacted,
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) is amended as follows:
(1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 10101 note) is
amended by striking ``10 USC 10101 note.''.
(2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 2101 note) is
amended by inserting ``of'' after ``Committee on Armed Services''
the first place it appears.
(3) Section 1056(e)(2) (119 Stat. 3440) is amended by striking
``Section'' and inserting ``Effective as of December 2, 2002, and
as if included in Public Law 107-314 as enacted, section''.
(4) Section 1057 (119 Stat. 3440) is amended--
(A) in subsection (a)--
(i) in paragraph (5), by striking ``4778,''; and
(ii) in paragraph (6), by striking ``4747'' and
inserting ``2651'';
(B) in subsection (b)(3)--
(i) by striking ``109,''; and
(ii) by adding at the end the following new sentence:
``Section 109 is amended by striking `State or Territory,
Puerto Rico, the Virgin Islands, or the District of
Columbia' each place it appears and inserting `State, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, or the Virgin Islands'''; and
(C) in subsection (b)(5)--
(i) in the language to be struck from section 324 of
title 32, United States Code, by striking the comma after
``Rico''; and
(ii) in the language to be inserted in section 324 of
title 32, United States Code, by inserting ``of'' after
``Virgin Islands,''.
(5) Section 1104 (119 Stat. 3448) is amended--
(A) in subsection (a)(3)(A), by inserting ``the first place
it appears'' before ``and inserting''; and
(B) in subsection (c), by striking ``subsection (c)(1)''
and inserting ``subsection (b)(2)''.
(6) Section 2806(c)(2)(A) (119 Stat. 3507) is amended in the
matter to be struck from and inserted in section 2884(b)(1) of
title 10, United States Code, by striking ``a'' both places it
appears and inserting ``A''.
(i) Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005.--The Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375) is amended as follows:
(1) Section 577(b)(12) (10 U.S.C. 113 note), as amended by
section 563(e) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4471) is
amended by striking ``The Secretary shall implement'' and inserting
``Implementation of''.
(2) Section 1085 (118 Stat. 2065; 10 U.S.C. 113 note), as
amended by section 360(c) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat 78) is amended
by striking ``subsection (a)'' and inserting ``section 360(a) of
the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 77)''.
(j) Bob Stump National Defense Authorization Act for Fiscal Year
2003.--Section 1032(a) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is
amended by striking ``thereafter,,'' and inserting ``thereafter,''.
(k) Weapon Systems Acquisition Reform Act of 2009.--Effective as of
May 22, 2009, and as if included therein as enacted, section 205 of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1724) is amended--
(1) in subsection (a)(1)(B), by striking ``paragraphs (1) and
(2)'' in the matter to be inserted and inserting ``paragraphs (1),
(2), and (3)''; and
(2) in subsection (c), by striking ``2433a(c)(3)'' and
inserting ``2433a(c)(1)(C)''.
(l) Technical Correction Regarding SBIR Extension.--Section 9(m)(2)
of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section
847(a) of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2420), is amended by striking ``is
authorized'' and inserting ``are authorized''.
(m) Technical Correction Regarding Small Shipyards and Maritime
Communities Assistance Program.--Section 3506 of the National Defense
Authorization Act for Fiscal Year 2006, as reinstated by the amendment
made by section 1073(c)(14) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), is repealed.
(n) Technical Correction Regarding DOT Maritime Heritage
Property.--Section 6(a)(1)(C) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2721), is amended by striking ``the date of enactment
of the Maritime Administration Authorization Act of 2010'' and
inserting ``October 28, 2009''.
(o) Technical Correction of Citation.--Section 42 of the Office of
Federal Procurement Policy Act (41 U.S.C. 438) is amended--
(1) in subsection (c)(1) by striking ``(41 U.S.C. 607(b))'' and
inserting ``(41 U.S.C. 607(d))''; and
(2) in subsection (c)(2)(A) by inserting ``of 1978'' after
``Contract Disputes Act''.
SEC. 1076. STUDY ON OPTIMAL BALANCE OF MANNED AND REMOTELY PILOTED
AIRCRAFT.
(a) Study.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall commission a
study by an independent, non-profit organization on the optimal
balance between manned and remotely piloted aircraft of the Armed
Forces.
(2) Selection.--The independent, non-profit organization
selected for the study under paragraph (1) shall be qualified on
the basis of having performed work in the fields of national
security and combat systems.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) With respect to each military department, an assessment of
the feasibility and desirability of a more rapid transition from
manned to remotely piloted aircraft for a range of operations,
including combat operations.
(2) An evaluation of the current ability of each military
department to resist attacks mounted by foreign militaries with
significant investments in research and development and deployment
of remotely piloted aircraft, including an assessment of each
military department's ability to defend against--
(A) a large enemy force of remotely piloted aircraft; and
(B) any other relevant scenario involving remotely piloted
aircraft that the Secretary determines appropriate.
(3) An analysis of--
(A) current and future capabilities of foreign militaries
in developing and deploying remotely piloted aircraft; and
(B) identified vulnerabilities of United States weapons
systems to foreign remotely piloted aircraft.
(4) Conclusions on the matters described in paragraphs (1)
through (3) and what the independent, non-profit organization
conducting the study determines is the optimal balance of
investment in development and deployment of manned versus remotely
piloted aircraft.
(c) Report.--Not later than December 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the study
under subsection (a).
(d) Form.--
(1) Study.--The study under subsection (a) shall include a
classified annex with respect to the matters described in
subsection (b)(3).
(2) Report.--The report under subsection (c) may include a
classified annex.
(e) Remotely Piloted Aircraft Defined.--In this section, the term
``remotely piloted aircraft'' means any unmanned aircraft operated
remotely, whether within or beyond line-of-sight, including unmanned
aerial systems, unmanned aerial vehicles, remotely piloted vehicles,
and remotely piloted aircraft.
SEC. 1077. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO OPERATION
IRAQI FREEDOM.
Any law applicable to Operation Iraqi Freedom shall apply in the
same manner and to the same extent to the successor contingency
operation known as Operation New Dawn, except as specifically provided
in this Act, any amendment made by this Act, or any other law enacted
after the date of the enactment of this Act.
SEC. 1078. PROGRAM TO ASSESS THE UTILITY OF NON-LETHAL WEAPONS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should support the research, development, test,
and evaluation, procurement, and fielding of effective non-lethal
weapons and technologies explicitly designed to, with respect to
counterinsurgency operations, reduce military casualties and
fatalities, improve military mission accomplishment and operational
effectiveness, reduce civilian casualties and fatalities, and minimize
undesired damage to property and the environment.
(b) Program Required.--
(1) Demonstration and assessment.--The Secretary of Defense,
acting through the Executive Agent for Non-lethal Weapons and in
coordination with the Secretaries of the military departments and
the combatant commanders, shall carry out a program to demonstrate
and assess the utility and effectiveness of non-lethal weapons to
provide escalation of force options in counter-insurgency
operations.
(2) Non-lethal weapons evaluated.--In evaluating non-lethal
weapons under the program under this subsection, the Secretary
shall include non-lethal weapons designed for counter-personnel and
counter-materiel missions.
(c) Report.--
(1) Report required.--Not later than October 1, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the role and utility of non-lethal weapons
and technologies in counterinsurgency operations.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of the results of any demonstrations and
assessments of non-lethal weapons conducted during fiscal year
2011.
(B) A description of the Secretary's plans for any
demonstrations and assessments of non-lethal weapons to be
conducted during fiscal years 2012 and 2013.
(C) A description of the extent to which non-lethal weapons
doctrine, training, and employment include the use of strategic
communications strategies to enable the effective employment of
non-lethal weapons.
(D) A description of the input of the military departments
in developing concepts of operations and tactics, techniques,
and procedures for incorporating non-lethal weapons into the
current escalation of force procedures of each department.
(E) A description of the extent to which non-lethal weapons
and technologies are integrated into the standard equipment and
training of military units.
SEC. 1079. SENSE OF CONGRESS ON STRATEGIC NUCLEAR FORCE REDUCTIONS.
It is the sense of Congress that no action should be taken to
implement the reduction of the strategic nuclear forces of the United
States below the levels described in the Treaty between the United
States of America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive Arms signed on
April 8, 2010 (commonly known as the ``New START Treaty''), unless the
President submits to the congressional defense committees a report on
such reduction, including--
(1) the justification for such reduction;
(2) an assessment of the strategic environment, threat, and
policy and the technical and operational implications of such
reduction; and
(3) written certification by the President that--
(A) either--
(i) the strategic environment or the assessment of the
threat allows for such reduction; or
(ii) technical measures to provide a commensurate or
better level of safety, security, and reliability as before
such reduction have been implemented for the remaining
strategic nuclear forces of the United States;
(B) the remaining strategic nuclear forces of the United
States provide a sufficient means of protection against
unforeseen technical challenges and geopolitical events;
(C) such reduction is compensated by other measures (such
as nuclear modernization, conventional forces, and missile
defense) that together provide a commensurate or better
deterrence capability and level of credibility as before such
reduction; and
(D) measures to modernize the nuclear weapons complex are
being implemented (or have been implemented) to provide a
sufficiently responsive infrastructure to support the remaining
strategic nuclear forces of the United States.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
Sec. 1103. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense
appointment and compensation authority for personnel for care
and treatment of wounded and injured members of the Armed
Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
SEC. 1101. CLARIFICATION OF AUTHORITIES AT PERSONNEL DEMONSTRATION
LABORATORIES.
(a) Clarification of Applicability of Direct Hire Authority.--
Section 1108 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C.
1580 note) is amended--
(1) in subsection (b), by striking ``identified'' and all that
follows and inserting ``designated by section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of
Defense science and technology reinvention laboratory.''; and
(2) in subsection (c), by striking ``2 percent'' and inserting
``5 percent''.
(b) Clarification of Applicability of Full Implementation
Requirement.--Section 1107 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357; 10 U.S.C. 2358
note) is amended--
(1) in subsection (a), by striking ``that are exempted by'' and
all that follows and inserting ``designated by section 1105(a) of
the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as Department of
Defense science and technology reinvention laboratories.''; and
(2) in subsection (c), by striking ``as enumerated in'' and all
that follows and inserting ``designated by section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2486) as a Department of Defense science and
technology reinvention laboratory.''.
(c) Correction to Section Reference.--Section 1121 of the National
Defense Authorization Act for Fiscal Year 2010 (123 Stat. 2505) is
amended--
(1) in subsection (a), by striking ``Section 9902(h) of title
5, United States Code'' and inserting ``Section 9902(g) of title 5,
United States Code, as redesignated by section 1113(b)(1)(B)''; and
(2) in subsection (b), by striking ``section 9902(h) of such
title 5'' and inserting ``such section''.
(d) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect as of October 28,
2009.
(2) The amendment made by subsection (a)(2) shall take effect as of
the date of enactment of this Act.
SEC. 1102. REQUIREMENTS FOR DEPARTMENT OF DEFENSE SENIOR MENTORS.
(a) In General.--The Secretary of Defense shall issue appropriate
policies and procedures to ensure that all senior mentors employed by
the Department of Defense are--
(1) hired as highly qualified experts under section 9903 of
title 5, United States Code; and
(2) required to comply with all applicable Federal laws and
regulations on personnel and ethics matters.
(b) Senior Mentor Defined.--In this section, the term ``senior
mentor'' means a retired flag, general, or other military officer or
retired senior civilian official who provides expert experience-based
mentoring, teaching, training, advice, and recommendations to senior
military officers, staffs, and students as they participate in war
games, warfighting courses, operational planning, operational
exercises, and decision-making exercises.
SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2011, section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4615), as amended by section 1106(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2487), is further amended by striking ``calendar years 2009 and
2010'' and inserting ``calendar years 2009 through 2011''.
SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED DEPARTMENT OF DEFENSE
APPOINTMENT AND COMPENSATION AUTHORITY FOR PERSONNEL FOR CARE AND
TREATMENT OF WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.
(a) Designation of Occupations Covered by Recruitment and
Appointment Authority.--Subsection (a)(2) of section 1599c of title 10,
United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``shortage category
positions'' and inserting ``a shortage category occupation or
critical need occupation''; and
(B) in clause (ii), by striking ``highly qualified persons
directly'' and inserting ``qualified persons directly in the
competitive service''; and
(2) by adding at the end the following new subparagraph:
``(C) Any designation by the Secretary for purposes of subparagraph
(A)(i) shall be based on an analysis of current and future Department
of Defense workforce requirements.''.
(b) Extension.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``under subsection (a)(1)'' after
``Secretary of Defense''; and
(B) by striking ``September 30, 2012'' and inserting
``December 31, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2012'' and
inserting ``December 31, 2015''.
SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY EMPLOYEES
PERFORMING WORK ABOARD OR DOCKSIDE IN SUPPORT OF THE NUCLEAR AIRCRAFT
CARRIER FORWARD DEPLOYED IN JAPAN.
(a) Overtime Pay at Time-and-a-half Rate.--Section 5542(a) of title
5, United States Code, is amended by adding at the end the following
new paragraph:
``(6)(A) Notwithstanding paragraphs (1) and (2), for an
employee of the Department of the Navy who is assigned to temporary
duty to perform work aboard, or dockside in direct support of, the
nuclear aircraft carrier that is forward deployed in Japan and who
would be nonexempt under the Fair Labor Standards Act but for the
application of the foreign area exemption in section 13(f) of that
Act (29 U.S.C. 213(f)), the overtime hourly rate of pay is an
amount equal to one and one-half times the hourly rate of basic pay
of the employee, and all that amount is premium pay.
``(B) Subparagraph (A) shall expire on September 30, 2014.''.
(b) Reports.--
(1) Secretary of navy report.--Not later than September 30,
2013, the Secretary of the Navy shall submit to the Secretary of
Defense and the Director of the Office of Personnel Management a
report that--
(A) describes the use of the authority under paragraph (6)
of section 5542(a) of title 5, United States Code, as added by
subsection (a), including associated costs, and including an
evaluation of the extent to which exercise of the authority
helped the Navy in meeting its mission; and
(B) provides a recommendation on whether an extension of
the provisions of that paragraph is needed.
(2) Report to congress.--Not later than March 31, 2014, the
Director of the Office of Personnel Management shall submit to the
Committee on Armed Services and the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Armed
Services and the Committee on Oversight and Governmental Reform of
the House of Representatives a report that--
(A) addresses the use of paragraph (6) of section 5542(a)
of title 5, United States Code, as so added, including
associated costs, and including an evaluation of the extent to
which exercise of the authority helped the Navy in meeting its
mission;
(B) describes the extent to which other employees
experience the same circumstances as were experienced by those
described in that paragraph before its enactment;
(C) provides an analysis of the advantages and
disadvantages that would be anticipated from extending the
expiration date of the authority under that paragraph, and from
expanding the authority under that paragraph to include other
employees; and
(D) conveys the report of the Secretary of the Navy
referred to in paragraph (1).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and
cross-servicing agreements to lend certain military equipment
to certain foreign forces for personnel protection and
survivability.
Sec. 1204. Authority to pay personnel expenses in connection with
African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior
Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet Pilot Training program.
Sec. 1207. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency
Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition
nations for support provided to United States military
operations.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces
supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Reports and Other Matters
Sec. 1231. One-year extension of report on progress toward security and
stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the
Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition
operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export
control system.
Sec. 1238. Report on United States efforts to defend against threats
posed by the anti-access and area-denial capabilities of
certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense
strategy to counter violent extremism outside the United
States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the
United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required
briefings.
Subtitle A--Assistance and Training
SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Section 1208(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2086), as most recently amended by section 1202(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2511), is further amended by striking ``$40,000,000'' and
inserting ``$45,000,000''.
SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED LOGISTICS
INTEROPERABILITY AUTHORITY.
(a) Enhanced Interoperability Authority.--Subsection (a) of section
127d of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to'';
(2) by inserting ``of the United States'' after ``armed
forces'';
(3) by striking the second sentence; and
(4) by adding at the end the following new paragraphs:
``(2) In addition to any logistic support, supplies, and services
provided under paragraph (1), the Secretary may provide logistic
support, supplies, and services to allied forces solely for the purpose
of enhancing the interoperability of the logistical support systems of
military forces participating in combined operations with the United
States in order to facilitate such operations. Such logistic support,
supplies, and services may also be provided under this paragraph to a
nonmilitary logistics, security, or similar agency of an allied
government if such provision would directly benefit the armed forces of
the United States.
``(3) Provision of support, supplies, and services pursuant to
paragraph (1) or (2) may be made only with the concurrence of the
Secretary of State.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (a)'' in
paragraphs (1) and (2) and inserting ``subsection (a)(1)''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in paragraph (2),
the'' and inserting ``The''; and
(ii) by striking ``this section'' and inserting
``subsection (a)(1)''; and
(B) in paragraph (2), by striking ``In addition'' and all
that follows through ``fiscal year,'' and inserting ``The value
of the logistic support, supplies, and services provided under
subsection (a)(2) in any fiscal year may not''.
SEC. 1203. EXPANSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND
CROSS-SERVICING AGREEMENTS TO LEND CERTAIN MILITARY EQUIPMENT TO
CERTAIN FOREIGN FORCES FOR PERSONNEL PROTECTION AND SURVIVABILITY.
(a) Expansion for Training for Deployment.--Paragraph (3) of
section 1202(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as most
recently amended by section 1252(a) of the National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-181; 122 Stat.
402), is further amended--
(1) by striking ``only in Iraq or Afghanistan, or in a
peacekeeping operation described in paragraph (1), as applicable,
and''; and
(2) by striking ``those forces.'' and inserting ``those forces
and only--
``(A) in Iraq or Afghanistan;
``(B) in a peacekeeping operation described in paragraph
(1); or
``(C) in connection with the training of those forces to be
deployed to Iraq, Afghanistan, or a peacekeeping operation
described in paragraph (1) for such deployment.''.
(b) Notice and Wait on Exercise of Additional Authority.--Such
section is further amended by adding at the end the following new
paragraph:
``(5) Notice and wait on provision of equipment for certain
purposes.--Equipment may not be provided under paragraph (1) in
connection with training as specified in paragraph (3)(C) until 15
days after the date on which the Secretary of Defense submits to
the specified congressional committees written notice on the
provision of such equipment for such purpose.''.
SEC. 1204. AUTHORITY TO PAY PERSONNEL EXPENSES IN CONNECTION WITH
AFRICAN COOPERATION.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1050 the following new section:
``Sec. 1050a. African cooperation: payment of personnel expenses
``The Secretary of Defense or the Secretary of a military
department may pay the travel, subsistence, and special compensation of
officers and students of African countries and other expenses that the
Secretary considers necessary for African cooperation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by inserting after the item
relating to section 1050 the following new item:
``1050a. African cooperation: payment of personnel expenses.''.
SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY OF
INTERIOR COUNTER TERRORISM FORCES.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance during fiscal year 2011
to enhance the ability of the Yemen Ministry of Interior Counter
Terrorism Forces to conduct counterterrorism operations against al
Qaeda in the Arabian Peninsula and its affiliates.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a) may
include the provision of equipment, supplies, and training.
(2) Required elements.--Assistance under subsection (a) shall
be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority in Yemen.
(3) Assistance otherwise prohibited by law.--The Secretary of
Defense may not use the authority in subsection (a) to provide any
type of assistance described in this subsection that is otherwise
prohibited by any provision of law.
(c) Funding.--Of the amount authorized to be appropriated by
section 301 for operation and maintenance for fiscal year 2011,
$75,000,000 may be utilized to provide assistance under subsection (a).
(d) Notice to Congress.--
(1) In general.--Not less than 15 days before providing
assistance under subsection (a), the Secretary of Defense shall
submit to the committees of Congress specified in paragraph (2) a
notice setting forth the assistance to be provided, including the
types of such assistance, the budget for such assistance, and the
completion date for the provision of such assistance.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1206. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE NATIONS TO
PARTICIPATE IN THE EURO-NATO JOINT JET PILOT TRAINING PROGRAM.
(a) Establishment of Scholarship Program.--The Secretary of the Air
Force may establish and maintain a demonstration scholarship program to
allow personnel of the air forces of countries that are signatories of
the Partnership for Peace Framework Document to receive undergraduate
pilot training and necessary related training through the Euro-NATO
Joint Jet Pilot Training (ENJJPT) program. The Secretary of the Air
Force shall establish the program pursuant to regulations prescribed by
the Secretary of Defense in consultation with the Secretary of State.
(b) Transportation, Supplies, and Allowance.--Under such conditions
as the Secretary of the Air Force may prescribe, the Secretary may
provide to a person receiving a scholarship under the scholarship
program--
(1) transportation incident to the training received under the
ENJJPT program;
(2) supplies and equipment to be used during the training;
(3) flight clothing and other special clothing required for the
training;
(4) billeting, food, and health services; and
(5) a living allowance at a rate to be prescribed by the
Secretary, taking into account the amount of living allowances
authorized for a member of the Armed Forces of the United States
under similar circumstances.
(c) Relation to Euro-NATO Joint Jet Pilot Training Program.--
(1) Enjjpt steering committee authority.--Nothing in this
section shall be construed or interpreted to supersede the
authority of the ENJJPT Steering Committee under the ENJJPT
Memorandum of Understanding. Pursuant to the ENJJPT Memorandum of
Understanding, the ENJJPT Steering Committee may resolve to forbid
any airman or airmen from a Partnership for Peace nation to
participate in the Euro-NATO Joint Jet Pilot Training program under
the authority of a scholarship under this section.
(2) No representation.--Countries whose air force personnel
receive scholarships under the scholarship program shall not have
privilege of ENJJPT Steering Committee representation.
(d) Limitation on Eligible Countries.--The Secretary of the Air
Force may not use the authority in subsection (a) to provide assistance
described in subsection (b) to any foreign country that is otherwise
prohibited from receiving such type of assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision
of law.
(e) Cost-sharing.--For purposes of ENJJPT cost-sharing, personnel
of an air force of a foreign country who receive a scholarship under
the scholarship program may be counted as United States pilots.
(f) Progress Report.--Not later than February 1, 2012, the
Secretary of the Air Force shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report on the status of the demonstration program, including the
opinion of the Secretary and NATO allies on the benefits of the program
and whether or not to permanently authorize the program or extend the
program beyond fiscal year 2012. The report shall specify the
following:
(1) The countries participating in the scholarship program.
(2) The total number of foreign pilots who received
scholarships under the scholarship program.
(3) The amount expended on scholarships under the scholarship
program.
(4) The source of funding for scholarships under the
scholarship program.
(g) Duration.--No scholarship may be awarded under the scholarship
program after September 30, 2012.
(h) Funding Source.--Amounts to award scholarships under the
scholarship program shall be derived from amounts authorized to be
appropriated for operation and maintenance for the Air Force.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Temporary Limitation on Amount for Building Capacity to
Participate in or Support Military and Stability Operations.--
(1) In general.--Subsection (c)(5) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456), as added by section 1206(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2514), is further amended--
(A) by striking ``and not more than'' and inserting ``not
more than''; and
(B) by inserting after ``fiscal year 2011'' the following:
``, and not more than $100,000,000 may be used during fiscal
year 2012''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on the date of the enactment of this Act and shall
apply with respect to programs under subsection (a) of such section
that begin on or after that date.
(b) One-year Extension of Authority.--Subsection (g) of such
section, as most recently amended by section 1206(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4625), is further amended by--
(1) by striking ``September 30, 2011'' and inserting
``September 30, 2012''; and
(2) by striking ``fiscal years 2006 through 2011'' and
inserting ``fiscal years 2006 through 2012''.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control of the oil resources of
Iraq.
SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY
RESPONSE PROGRAM.
(a) One-year Extension of CERP Authority.--Subsection (a) of
section 1202 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3455), as most recently amended by
section 1222 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2518), is further amended--
(1) in the subsection heading, by striking ``Fiscal Year 2010''
and inserting ``Fiscal Year 2011'';
(2) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011''; and
(3) by striking ``operation and maintenance'' and all that
follows and inserting ``operation and maintenance--
``(1) not to exceed $100,000,000 may be used by the Secretary
of Defense in such fiscal year to provide funds for the Commanders'
Emergency Response Program in Iraq; and
``(2) not to exceed $400,000,000 may be used by the Secretary
of Defense in such fiscal year to provide funds for the Commanders'
Emergency Response Program in Afghanistan.''.
(b) Quarterly Reports.--Subsection (a) of such section, as so
amended, is further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Form of reports.--Each report required under paragraph
(1) shall be submitted, at a minimum, in a searchable electronic
format that enables the congressional defense committees to sort
the report by amount expended, location of each project, type of
project, or any other field of data that is included in the
report.''.
(c) Restriction on Amount of Payments; Notification.--Such section,
as so amended, is further amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Restriction on Amount of Payments.--Funds made available
under this section for the Commanders' Emergency Response Program may
not be obligated or expended to carry out any project if the total
amount of funds made available for the purpose of carrying out the
project, including any ancillary or related elements of the project,
exceeds $20,000,000.
``(h) Notification.--Not less than 15 days before obligating or
expending funds made available under this section for the Commanders'
Emergency Response Program for a project in Afghanistan with a total
anticipated cost of $5,000,000 or more, the Secretary of Defense shall
submit to the congressional defense committees a written notice
containing the following information:
``(1) The location, nature, and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for Afghanistan.
``(2) The budget and implementation timeline for the proposed
project, including any other funding under the Commanders'
Emergency Response Program that has been or is anticipated to be
contributed to the completion of the project.
``(3) A plan for the sustainment of the proposed project,
including any agreement with either the Government of Afghanistan,
a department or agency of the United States Government other than
the Department of Defense, or a third party contributor to finance
the sustainment of the activities and maintenance of any equipment
or facilities to be provided through the proposed project''.
(d) Definition.--Subsection (i) of such section, as redesignated by
subsection (c)(1) of this section, is amended by striking ``means the
program'' and all that follows and inserting ``means the program that--
``(1) authorizes United States military commanders to carry out
small-scale projects designed to meet urgent humanitarian relief
requirements or urgent reconstruction requirements within their
areas of responsibility; and
``(2) provides an immediate and direct benefit to the people of
Iraq or Afghanistan.''.
SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 393), as amended by section 1223 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2519), is further amended by striking ``section 1509(5) of the
National Defense Authorization Act for Fiscal Year 2010'' and inserting
``section 1510 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011''.
(b) Limitation on Amount.--Subsection (d)(1) of such section, as so
amended, is further amended in the second sentence by inserting ``or
2011'' after ``fiscal year 2010''.
(c) Exception From Notice to Congress Requirements.--Subsection (e)
of such section, as so amended, is further amended--
(1) by striking ``(e) Notice to Congress.--The Secretary of
Defense'' and inserting the following:
``(e) Notice to Congress.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The requirement to provide notice under
paragraph (1) shall not apply with respect to a reimbursement for
access based on an international agreement.''.
(d) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat.
393), as most recently amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2010, is further amended by striking
``September 30, 2011'' and inserting ``September 30, 2012''.
SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ
AND AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2532) is amended by striking ``September 30, 2010''
and inserting ``December 31, 2011''.
(b) Quarterly Reports.--Subsection (f)(1) of such section is
amended by striking ``during fiscal year 2010'' and inserting ``through
March 31, 2012''.
SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANISTAN.
None of the funds authorized to be appropriated by this Act may be
obligated or expended by the United States Government to establish any
military installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in Afghanistan.
SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN
AFGHANISTAN.
(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, may utilize not more than $50,000,000 from
funds made available to the Department of Defense for operation and
maintenance for fiscal year 2011 to support the reintegration into
Afghan society of those individuals who pledge--
(1) to cease all support for the insurgency in Afghanistan;
(2) to live in accordance with the Constitution of Afghanistan;
(3) to cease violence against the Government of Afghanistan and
its international partners; and
(4) that they do not have material ties to al Qaeda or
affiliated transnational terrorist organizations.
(b) Submission of Guidance.--
(1) Initial submission.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a copy of the guidance
issued by the Secretary or the Secretary's designee concerning the
allocation of funds utilizing the authority of subsection (a). Such
guidance shall include--
(A) mechanisms for coordination with the Government of
Afghanistan and other United States Government departments and
agencies as appropriate; and
(B) mechanisms to track rates of recidivism among
individuals described in subsection (a).
(2) Modifications.--If the guidance in effect for the purpose
stated in paragraph (1) is modified, the Secretary of Defense shall
submit to the congressional defense committees a copy of the
modification not later than 15 days after the date on which such
modification is made.
(c) Reports.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense shall submit to the appropriate congressional committees a
report on activities carried out utilizing the authority of subsection
(a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(e) Expiration.--The authority to utilize funds under subsection
(a) shall expire at the close of December 31, 2011.
SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND CARRY OUT
INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
(a) Authority.--The Secretary of Defense and the Secretary of State
are authorized to establish a program to develop and carry out
infrastructure projects in Afghanistan in accordance with the
requirements of this section.
(b) Formulation and Execution of Program.--
(1) In general.--The Secretary of State and the Secretary of
Defense shall jointly develop any project under the program
authorized under subsection (a). Except as provided in paragraph
(2), the Secretary of State, in coordination with the Secretary of
Defense, shall implement any project under the program authorized
under subsection (a).
(2) Exception.--The Secretary of Defense shall implement a
project under the program authorized under subsection (a) if the
Secretary of Defense and the Secretary of State jointly determine
that the Secretary of Defense should implement the project.
(c) Types of Projects.--Infrastructure projects under the program
authorized under subsection (a) may include--
(1) water, power, and transportation projects; and
(2) other projects in support of the counterinsurgency strategy
in Afghanistan.
(d) Authority in Addition to Other Authorities.--The authority to
establish the program and develop and carry out infrastructure projects
under subsection (a) is in addition to any other authority to provide
assistance to foreign countries.
(e) Applicability of Certain Administrative Provisions.--
(1) In general.--The administrative provisions of chapter 2 of
part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et
seq.) shall apply to funds made available to the Secretary of State
for purposes of carrying out infrastructure projects under the
program authorized under subsection (a) to the same extent and in
the same manner as such administrative provisions apply to funds
made available to carry out part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.).
(2) Gifts, etc.--The Secretary of Defense and the Secretary of
State may accept and use in furtherance of the purposes of this
section, money, funds, property, and services of any kind made
available by gift, devise, bequest, grant, or otherwise for such
purposes.
(f) Funding.--
(1) In general.--The Secretary of Defense may use up to
$400,000,000 of funds made available to the Department of Defense
for operation and maintenance for fiscal year 2011 to carry out the
program authorized under subsection (a).
(2) Availability.--Funds made available by paragraph (1) are
authorized to remain available until September 30, 2012.
(g) Congressional Notification.--The Secretary of Defense shall
notify the appropriate congressional committees not less than 30 days
before obligating or expending funds to carry out a project or
transferring funds to the Secretary of State for the purpose of
implementing a project under the program authorized under subsection
(a). Such notification shall be in writing and contain a description of
the details of the proposed project, including--
(1) a plan for the sustainment of the project; and
(2) a description of how the project supports the
counterinsurgency strategy in Afghanistan.
(h) Return of Unexpended Funds.--
(1) In general.--Any unexpended funds transferred to the
Secretary of State for the purpose of implementing a project under
the program authorized under subsection (a) shall be returned to
the Secretary of Defense if the Secretary of State, in coordination
with the Secretary of Defense, determines that the project cannot
be implemented for any reason or that the project no longer
supports the counterinsurgency strategy in Afghanistan.
(2) Availability.--Any funds returned to the Secretary of
Defense under this subsection shall be available for use under this
section and shall be treated in the same manner as funds not
transferred to the Secretary of State.
(i) Reports.--
(1) Report required.--Not later than 30 days after the end of
each fiscal year in which funds are obligated, expended, or
transferred under the program authorized under subsection (a), the
Secretary of Defense, in coordination with the Secretary of State,
shall submit to the appropriate congressional committees a report
regarding implementation of the program during such fiscal year.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) The allocation and use of funds under the program
during the fiscal year.
(B) A description of each project for which funds were
expended or transferred during the fiscal year.
(j) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate.
SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COALITION FORCES
SUPPORTING OPERATIONS IN IRAQ AND AFGHANISTAN.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 394) is amended by striking
``fiscal year 2008'' each place it appears and inserting ``fiscal year
2011''.
SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN
ACTIVITIES RELATING TO AFGHANISTAN.
(a) Recommendations Required.--Not later than 90 days after the
date of the enactment of this Act, the Special Inspector General for
Afghanistan Reconstruction shall, in consultation with the Inspector
General of the Department of Defense, the Inspector General of the
United States Agency for International Development, and the Inspector
General of the Department of State--
(1) issue recommendations on measures to increase oversight of
contractors engaged in activities relating to Afghanistan;
(2) report on the status of efforts of the Department of
Defense, the United States Agency for International Development,
and the Department of State to implement existing recommendations
regarding oversight of such contractors; and
(3) report on the extent to which military and security
contractors or subcontractors engaged in activities relating to
Afghanistan have been responsible for the deaths of Afghan
civilians.
(b) Elements of Recommendations.--The recommendations issued under
subsection (a)(1) shall include recommendations for reducing the
reliance of the United States on--
(1) military and security contractors or subcontractors engaged
in activities relating to Afghanistan that have been responsible
for the deaths of Afghan civilians; and
(2) Afghan militias or other armed groups that are not part of
the Afghan National Security Forces.
SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY
FUND.
(a) Extension.--Subsection (h) of section 1224 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2521) is amended by striking ``September 30, 2010'' both places
it appears and inserting ``September 30, 2011''.
(b) Required Elements of Assistance.--Subsection (b) of such
section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Required elements of assistance.--Assistance provided to
the security forces of Pakistan under this section in a fiscal year
after fiscal year 2010 shall be provided in a manner that
promotes--
``(A) observance of and respect for human rights and
fundamental freedoms; and
``(B) respect for legitimate civilian authority within
Pakistan.''.
Subtitle C--Reports and Other Matters
SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.
Section 1230(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as amended by
section 1236 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-81; 123 Stat. 2535), is further amended by
striking ``2011'' and inserting ``2012''.
SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR SUSTAINING THE
AFGHANISTAN NATIONAL SECURITY FORCES.
Section 1231(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 390) is amended by
striking ``2010'' and inserting ``2012''.
SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED
STATES ARMED FORCES FROM IRAQ.
(a) Report Required.--Subsection (a) of section 1227 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2525; 50 U.S.C. 1541 note) is amended--
(1) by striking ``December 31, 2009'' and inserting ``December
31, 2010''; and
(2) by striking ``90 days thereafter'' and inserting ``180 days
thereafter''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (5), by striking ``Multi-National Force-Iraq''
each place it occurs and inserting ``United States Forces-Iraq'';
and
(2) by adding at the end the following:
``(6) An assessment of progress to transfer responsibility of
programs, projects, and activities carried out in Iraq by the
Department of Defense to other United States Government departments
and agencies, international or nongovernmental entities, or the
Government of Iraq. The assessment should include a description of
the numbers and categories of programs, projects, and activities
for which such other entities have taken responsibility or which
have been discontinued by the Department of Defense. The assessment
should also include a discussion of any difficulties or barriers in
transitioning such programs, projects, and activities and what, if
any, solutions have been developed to address such difficulties or
barriers.
``(7) An assessment of progress toward the goal of building the
minimum essential capabilities of the Ministry of Defense and the
Ministry of the Interior of Iraq, including a description of--
``(A) such capabilities both extant and remaining to be
developed;
``(B) major equipment necessary to achieve such
capabilities;
``(C) the level and type of support provided by the United
States to address shortfalls in such capabilities; and
``(D) the level of commitment, both financial and
political, made by the Government of Iraq to develop such
capabilities, including a discussion of resources used by the
Government of Iraq to develop capabilities that the Secretary
determines are not minimum essential capabilities for purposes
of this paragraph.
``(8) A listing and assessment of the anticipated level and
type of support to be provided by United States special operations
forces to the Government of Iraq and Iraqi special operations
forces during the redeployment of United States conventional forces
from Iraq. The assessment should include a listing of anticipated
critical support from general purpose forces required by United
States special operations forces and Iraqi special operations
forces. The assessment should also include combat support,
including rotary aircraft and intelligence, surveillance, and
reconnaissance assets, combat service support, and contractor
support needed through December 31, 2011.''.
(c) Secretary of State Comments.--Such section is further amended
by striking subsection (c) and inserting the following:
``(c) Secretary of State Comments.--Prior to submitting the report
required under subsection (a), the Secretary of Defense shall provide a
copy of the report to the Secretary of State for review. At the request
of the Secretary of State, the Secretary of Defense shall include an
appendix to the report which contains any comments or additional
information that the Secretary of State requests.''.
(d) Form.--Subsection (d) of such section is amended by striking
``, whether or not included in another report on Iraq submitted to
Congress by the Secretary of Defense,''.
(e) Termination.--Such section is further amended by adding at the
end the following:
``(f) Termination.--The requirement to submit the report required
under subsection (a) shall terminate on September 30, 2012.''.
(f) Repeal of Other Reporting Requirements.--The following
provisions of law are hereby repealed:
(1) Section 1227 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465; 50 U.S.C.
1541 note) (as amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 373)).
(2) Section 1225 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 375).
SEC. 1234. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR COALITION
OPERATIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the implementation
of the coalition support authorities of the Department of Defense
during Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the purpose and use of each coalition
support authority of the Department of Defense.
(2) For the period of Operation Enduring Freedom ending on
September 30, 2010, a summary of the amount of training, equipment,
services, or other assistance provided or loaned under any
coalition support authority of the Department of Defense set forth,
for each such authority, by amount provided or loaned during each
fiscal year of such period for each recipient country.
(3) For the period of Operation Iraqi Freedom ending on
September 30, 2010, a summary of the amount of training, equipment,
services, or other assistance provided or loaned under any
coalition support authority of the Department of Defense set forth,
for each such authority, by amount provided or loaned during each
fiscal year of such period for each recipient country.
(4) An assessment of the effectiveness of each coalition
support authority of the Department of Defense in meeting its
intended purpose.
(5) For each recipient country of coalition support under a
coalition support authority of the Department of Defense--
(A) a description of the contribution of such country to
coalition operations in Operation Enduring Freedom or Operating
Iraqi Freedom; and
(B) an assessment of the extent to which coalition support
provided by the United States enhanced the ability of such
country to participate in coalition operations in Operation
Enduring Freedom or Operating Iraqi Freedom.
(6) A description of the actions taken by the Department
Defense to eliminate duplication and overlap in coalition support
provided under the coalition support authorities of the Department
of Defense.
(7) An assessment by the Secretary of Defense whether there is
an ongoing need for each coalition support authority of the
Department of Defense, and an estimate of the anticipated future
demand for coalition support under such coalition support
authorities.
(c) Coalition Support Authorities of the Department of Defense
Defined.--In this section, the term ``coalition support authorities of
the Department of Defense'' means the following:
(1) Coalition Support Funds, including the authority to provide
specialized training and loan specialized equipment under the
Coalition Support Fund (commonly referred to as the ``Coalition
Readiness Support Program'').
(2) Lift and sustain authority under appropriations Acts or
under section 1234 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
(3) Global lift and sustain authority under section 127c of
title 10, United States Code.
(4) The authority to provide logistic support, supplies, and
services to allied forces participating in combined operations
under section 127d of title 10, United States Code.
(5) The temporary authority to lend significant military
equipment under acquisition and cross-servicing agreements pursuant
to section 1202 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364).
(6) The authority under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163) to
provide assistance to build the capacity of foreign nations to
support military or stability operations in which the United States
Armed Forces are a participant.
(7) Any other authority that the Secretary of Defense
designates as a coalition support authority of the Department of
Defense for purposes of the report required by subsection (a).
SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS.
(a) DoD Inspector General Report on Afghan National Police Training
Program.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the Department
of Defense shall, in consultation with the Inspector General of the
Department of State, submit to the appropriate committees of
Congress a report on the Afghan National Police training program.
(2) Review.--In preparing the report required by paragraph (1),
the Inspector General of the Department of Defense shall conduct a
review of the Afghan National Police training program that focuses
on developments since the Inspector General of the Department of
Defense and the Inspector General of the Department of State
released the report entitled ``Department of Defense Obligations
and Expenditures of Funds Provided to the Department of State for
the Training and Mentoring of the Afghan National Police'' (DODIG
Report No. D-2010-042, DOSIG Report No. MERO-A-10-06, February 9,
2010).
(3) Elements of report.--The report required by paragraph (1)
shall include the following:
(A) A description of the components, planning, and scope of
the Afghan National Police training program since the United
States assumed control of the program in 2003.
(B) A description of the cost to the United States of the
Afghan National Police training program, including the source
and amount of funding, and a description of the allocation of
responsibility between the Department of Defense and the
Department of State for funding the program.
(C) A description of the allocation of responsibility
between the Department of Defense and the Department of State
for the oversight and execution of the program.
(D) A description of the personnel and staffing
requirements for overseeing and executing the program, both in
the United States and in theater, including United States
civilian government and military personnel, contractor
personnel, and nongovernmental personnel, and non-United States
civilian and military personnel, contractor personnel, and
nongovernmental personnel.
(E) An assessment of the cost, performance metrics, and
planning associated with the transfer of administration of the
contract for the Afghan National Police training program from
the Department of State to the Department of Defense.
(b) GAO Report on Use of Government Personnel Rather Than
Contractors for Training Afghan National Police.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on
the use of United States Government personnel rather than
contractors for the training of the Afghan National Police.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of the roles and responsibilities of
contractors and United States Government personnel in the
Afghan National Police training program and a description of
how the division of roles and responsibilities between such
contractors and personnel has been determined.
(B) An assessment of the relative advantages and
disadvantages of using contractors or United States Government
personnel in the Afghan National Police training program,
including an assessment of--
(i) the shortfalls and inefficiencies, if any, in
contractor performance in the program; and
(ii) options for leveraging United States Government
resources and capacity to address the shortfalls and
inefficiencies described in clause (i) and to better
address current and future needs under the program.
(C) An assessment of the factors, such as oversight, cost
considerations, performance, policy, and other factors, that
would be impacted by transferring responsibilities for the
performance of the Afghan National Police training program from
contractors to United States Government personnel.
(D) A review of the lessons learned from the execution and
oversight of the police training program in Iraq, and any other
relevant police training programs led by the Department of
Defense, regarding the relative advantages and disadvantages of
using United States Government personnel or contractors to
carry out police training programs for foreign nations.
(c) Report on Government Police Training and Equipping Programs.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on United States
Government police training and equipping programs outside the
United States.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A list of all United States Government departments and
agencies involved in implementing police training and equipping
programs.
(B) A description of the scope, size, and components of all
police training and equipping programs for fiscal years 2010
and 2011, to include for each such program--
(i) the name of each country that received assistance
under the program;
(ii) the types of recipient nation units receiving such
assistance, including national police, gendarmerie,
counternarcotics police, counterterrorism police, Formed
Police Units, border security, and customs;
(iii) the purpose and objectives of the program;
(iv) the funding and personnel levels for the program
in each such fiscal year;
(v) the authority under which the program is conducted;
(vi) the name of the United States Government
department or agency with lead responsibility for the
program and the mechanisms for oversight of the program;
(vii) the extent to which the program is implemented by
contractors or United States Government personnel; and
(viii) the metrics for measuring the results of the
program.
(C) An assessment of the requirements for police training
and equipping programs, and what changes, if any, are required
to improve the capacity of the United States Government to meet
such requirements.
(D) An evaluation of the appropriate role of United States
Government departments and agencies in coordinating on and
carrying out police training and equipping programs.
(E) An evaluation of the appropriate role of contractors in
carrying out police training and equipping programs, and what
modifications, if any, are needed to improve oversight of such
contractors.
(F) Recommendations for legislative modifications, if any,
to existing authorities relating to police training and
equipping programs.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Foreign Relations,
Homeland Security and Governmental Affairs, and Appropriations of
the Senate; and
(2) the Committees on Armed Services, Foreign Affairs,
Oversight and Government Reform, and Appropriations of the House of
Representatives.
SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED STATES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, the Attorney General, the Secretary of Homeland
Security, the Administrator of the United States Agency for
International Development, and the heads of other appropriate Federal
agencies (as determined by the Secretary of Defense), shall submit to
the Congress a report containing the information described in
subsection (b). In preparing such report, the Secretary of Defense
shall use available information from organizations and entities closely
associated with the United States mission in Iraq that have received
United States Government funding through an official and documented
contract, award, grant, or cooperative agreement.
(b) Information.--The information described in this subsection is
the following:
(1) The number of Iraqis who were or are employed by the United
States Government in Iraq or who are or were employed in Iraq by an
organization or entity closely associated with the United States
mission in Iraq that has received United States Government funding
through an official and documented contract, award, grant, or
cooperative agreement.
(2) The number of Iraqis who have applied--
(A) for resettlement in the United States as a refugee
under section 1243 of the Refugee Crisis in Iraq Act of 2007
(subtitle C of title XII of division A of Public Law 110-181;
122 Stat. 395 et seq.);
(B) to enter the United States as a special immigrant under
section 1244 of such Act; or
(C) to enter the United States as a special immigrant under
section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note).
(3) The status of each application described in paragraph (2).
(4) The estimated number of individuals described in paragraph
(1) who have been injured or killed in Iraq.
(c) Expedited Processing.--The Secretary of Defense, the Secretary
of State, and the Secretary of Homeland Security shall develop a plan
using the report submitted under subsection (a) to expedite the
processing of the applications described in subsection (b)(2) in the
case of Iraqis at risk as the United States withdraws from Iraq.
SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM THE EXPORT
CONTROL SYSTEM.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the Department of
Defense's plans to implement the reforms to the United States export
control system recommended by the interagency task force established at
the direction of the President on August 13, 2009.
(b) Matters to Be Included.--The report required under subsection
(a) shall include an assessment of the extent to which the plans to
reform the export control system will--
(1) impact the Defense Technology Security Administration of
the Department of Defense;
(2) affect the role of the Department of Defense with respect
to export control policy; and
(3) ensure greater protection and monitoring of militarily
critical technologies.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Foreign Relations
of the Senate.
SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST THREATS
POSED BY THE ANTI-ACCESS AND AREA-DENIAL CAPABILITIES OF CERTAIN
NATION-STATES.
(a) Finding.--Congress finds that the 2010 report on the Department
of Defense Quadrennial Defense Review concludes that ``[a]nti-access
strategies seek to deny outside countries the ability to project power
into a region, thereby allowing aggression or other destabilizing
actions to be conducted by the anti-access power. Without dominant
capabilities to project power, the integrity of United States alliances
and security partnerships could be called into question, reducing
United States security and influence and increasing the possibility of
conflict''.
(b) Sense of Congress.--It is the sense of Congress that, in light
of the finding in subsection (a), the Secretary of Defense should
ensure that the United States has the appropriate authorities,
capabilities, and force structure to defend against any potential
future threats posed by the anti-access and area-denial capabilities of
potentially hostile foreign countries.
(c) Report.--Not later than April 1, 2011, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on United States efforts to defend
against any potential future threats posed by the anti-access and area-
denial capabilities of potentially hostile nation-states.
(d) Elements.--The report required under subsection (c) shall
include the following:
(1) An assessment of any potential future threats posed by the
anti-access and area-denial capabilities of potentially hostile
foreign countries, including an identification of the foreign
countries with such capabilities, the nature of such capabilities,
and the possible advances in such capabilities over the next 10
years.
(2) A description of any efforts by the Department of Defense
to address the potential future threats posed by the anti-access
and area-denial capabilities of potentially hostile foreign
countries.
(3) A description of the authorities, capabilities, and force
structure that the United States may require over the next 10 years
to address the threats posed by the anti-access and area-denial
capabilities of potentially hostile foreign countries.
(e) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(f) Definitions.--In this section--
(1) the term ``anti-access'', with respect to capabilities,
means any action that has the effect of slowing the deployment of
friendly forces into a theater, preventing such forces from
operating from certain locations within that theater, or causing
such forces to operate from distances farther from the locus of
conflict than such forces would normally prefer; and
(2) the term ``area-denial'', with respect to capabilities,
means operations aimed to prevent freedom of action of friendly
forces in the more narrow confines of the area under a potentially
hostile nation-state's direct control, including actions by an
adversary in the air, on land, and on and under the sea to contest
and prevent joint operations within a defended battlespace.
SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPARTMENT OF DEFENSE
STRATEGY TO COUNTER VIOLENT EXTREMISM OUTSIDE THE UNITED STATES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Science Board shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the strategy of the Department of Defense
to counter violent extremism outside the United States.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) A review of the current strategy, research activities,
resource allocations, and organizational structure of the
Department of Defense for countering violent extremism outside the
United States.
(2) A review of interagency coordination and decision-making
processes for executing and overseeing strategies and programs for
countering violent extremism outside the United States.
(3) An analysis of alternatives and options available to the
Department of Defense to counter violent extremism outside the
United States.
(4) An analysis of legal, policy, and strategy issues involving
efforts to counter violent extremism outside the United States as
such efforts potentially affect domestic efforts to interrupt
radicalization efforts within the United States.
(5) An analysis of the current information campaign of the
Department of Defense against violent extremists outside the United
States.
(6) Such recommendations for further action to address the
matters covered by the report as the Defense Science Board
considers appropriate.
(7) Such other matters as the Defense Science Board determines
relevant.
SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA AGREEMENT BETWEEN
THE UNITED STATES, IRAN, AND CERTAIN OTHER COUNTRIES.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report assessing the relative merits of a multilateral or
bilateral Incidents at Sea military-to-military agreement between the
United States, the Government of Iran, and other countries operating in
the Persian Gulf aimed at preventing accidental naval conflict in the
Persian Gulf and the Strait of Hormuz.
(b) Matters to Be Included.--Such assessment should consider and
evaluate the current maritime security situation in the Persian Gulf
and the effect that such an agreement might have on military and other
maritime activities in the region, as well as other United States
regional strategic interests.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF DEFENSE
ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN AFRICA.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, shall monitor and evaluate the impact of United
States Africa Command (USAFRICOM) Combined Joint Task Force-Horn of
Africa's (CJTF-HOA) activities to counter violent extremism in Africa,
including civil affairs, psychological operations, humanitarian
assistance, and operations to strengthen the capacity of partner
nations.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report on the following:
(1) An evaluation of the impact of CJTF-HOA's activities
described in subsection (a) to advance United States security
objectives in the Horn of Africa, including the extent to which
CJTF-HOA's activities--
(A) disrupt or deny terrorist networks;
(B) combat violent extremist ideology;
(C) are aligned with USAFRICOM's mission; and
(D) complement programs conducted by the United States
Agency for International Development.
(2) USAFRICOM's efforts to monitor and evaluate the impact of
CJTF-HOA's activities described in subsection (a), including--
(A) the means by which CJTF-HOA follows up on such
activities to evaluate the effectiveness of such activities;
(B) USAFRICOM's specific assessments of CJTF-HOA's
activities; and
(C) a description of plans by the Secretary of Defense to
make permanent CJTF-HOA's presence in Djibouti.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS.
(a) In General.--Section 1244 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is
amended--
(1) in subsection (a)--
(A) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011'';
(B) by striking ``pursuant to section 301(1)''; and
(C) by striking ``$30,000,000'' and inserting
``$50,000,000'';
(2) in subsection (b)--
(A) by striking ``NATO Special Operations Coordination
Center'' and inserting ``NATO Special Operations
Headquarters''; and
(B) by striking ``NSCC'' and inserting ``NSHQ''; and
(3) in subsection (c), by striking ``NSCC'' each place it
appears and inserting ``NSHQ''.
(b) Conforming Amendment.--The heading of such section is amended
by striking ``nato special operations coordination center'' and
inserting ``nato special operations headquarters''.
SEC. 1243. NATIONAL MILITARY STRATEGY TO COUNTER IRAN AND REQUIRED
BRIEFINGS.
(a) National Military Strategy Required.--The Secretary of Defense
shall develop a strategy, to be known as the ``National Military
Strategy to Counter Iran''. The strategy should--
(1) provide strategic guidance for activities of the Department
of Defense that support the objective of countering threats posed
by Iran;
(2) undertake a review of the intelligence in the possession of
the Department of Defense to develop a list of gaps in intelligence
that limit the ability of the Department of Defense to counter
threats emanating from Iran that the Secretary considers to be
critical;
(3) undertake a review of the ability of the Department of
Defense to counter threats to the United States, its forces,
allies, and interests from Iran, including--
(A) contributions of the Department of Defense to the
efforts of other agencies of the United States Government to
counter or address the threat emanating from Iran; and
(B) any gaps in the capabilities and authorities of the
Department.
(b) Briefings to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall brief the
congressional defense committees in classified session regarding any
resources, capabilities, or changes to current law the Secretary
believes are necessary to address the gaps identified in the strategy
required in subsection (a).
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and
threat reduction activities with the People's Republic of
China.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
(b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2011 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2011, 2012, and 2013.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $522,512,000 authorized
to be appropriated to the Department of Defense for fiscal year 2011 in
section 301(20) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,732,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia, $9,614,000.
(4) For nuclear weapons transportation security in Russia,
$45,000,000.
(5) For weapons of mass destruction proliferation prevention in
the states of the former Soviet Union, $79,821,000.
(6) For biological threat reduction in the former Soviet Union,
$209,034,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For Global Nuclear Lockdown, $74,471,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $23,040,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2011 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2011 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in which
the Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2011 for a purpose listed in
paragraphs (1) through (10) of subsection (a) in excess of the
specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a) in
excess of the specific amount authorized for such purpose may be
made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION.
Not more than $500,000 of the fiscal year 2011 Cooperative Threat
Reduction funds may be obligated or expended to establish a center of
excellence in a country that is not a state of the former Soviet Union
until the date that is 15 days after the date on which the Secretary of
Defense submits to the congressional defense committees a report that
includes the following:
(1) An identification of the country in which the center will
be located.
(2) A description of the purpose for which the center will be
established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the government of
the country in which the center will be located; and
(B) the percentage of the total cost of establishing and
operating the center the funds described in subparagraph (A)
will cover.
SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERATION PREVENTION, AND
THREAT REDUCTION ACTIVITIES WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than April 1, 2011, the Secretary of
Defense and the Secretary of Energy shall jointly submit to the
congressional defense committees a plan to carry out activities of the
Department of Defense Cooperative Threat Reduction Program and the
Department of Energy Defense Nuclear Nonproliferation program relating
to nonproliferation, proliferation prevention, and threat reduction
with the Government of the People's Republic of China during fiscal
years 2011 through 2016.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of the activities to be carried out under the
plan.
(2) A description of milestones and goals for such activities.
(3) An estimate of the annual cost of such activities.
(4) An estimate of the amount of the total cost of such
activities to be provided by the Government of the People's
Republic of China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.
Subtitle D--Other Matters
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $160,965,000.
(2) For the Defense Working Capital Fund, Defense Commissary,
$1,273,571,000.
SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES.
(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
with appropriate expertise in revolving fund financial management to
carry out a study to determine a sufficient operational level of cash
that each revolving fund of the Department of Defense should maintain
in order to sustain a single rate or price throughout the fiscal year.
(b) Contents of Study.--In carrying out a study pursuant to a
contract entered into under subsection (a), the federally funded
research and development center shall--
(1) qualitatively analyze the operational requirements and
inherent risks associated with maintaining a specific level of cash
within each revolving fund of the Department;
(2) for each such revolving fund, take into consideration any
effects on appropriation accounts that have occurred due to changes
made in the rates charged by the fund during a fiscal year;
(3) take into consideration direct input from the Secretary of
Defense and officials of each of the military departments with
leadership responsibility for financial management;
(4) examine the guidance provided and regulations prescribed by
the Secretary of Defense and the Secretary of each of the military
departments, as in effect on the date of the enactment of this Act,
including such guidance with respect to programming and budgeting
and the annual budget displays provided to Congress;
(5) examine the effects on appropriations accounts that have
occurred due to congressional adjustments relating to excess cash
balances in revolving funds;
(6) identify best business practices from the private sector
relating to sufficient cash balance reserves;
(7) examine any relevant applicable laws, including the
relevant body of work performed by the Government Accountability
Office; and
(8) address--
(A) instances where the fiscal policy of the Department of
Defense directly follows the law, as in effect on the date of
the enactment of this Act, and instances where such policy is
more restrictive with respect to the fiscal management of
revolving funds than such law requires;
(B) instances where current Department fiscal policy
restricts the capability of a revolving fund to achieve the
most economical and efficient organization and operation of
activities;
(C) fiscal policy adjustments required to comply with
recommendations provided in the study, including proposed
adjustments to--
(i) the Department of Defense Financial Management
Regulation;
(ii) published service regulations and instructions;
and
(iii) major command fiscal guidance; and
(D) such other matters as determined relevant by the center
carrying out the study.
(c) Availability of Information.--The Secretary of Defense and the
Secretary of each of the military departments shall make available to a
federally funded research and development center carrying out a study
pursuant to a contract entered into under subsection (a) all necessary
and relevant information to allow the center to conduct the study in a
quantitative and analytical manner.
(d) Report.--Any contract entered into under subsection (a) shall
provide that not later than 9 months after the date on which the
Secretary of Defense enters into the contract, the chief executive
officer of the entity that carries out the study pursuant to the
contract shall submit to the Committees on Armed Services of the Senate
and House of Representatives and the Secretary of Defense a final
report on the study. The report shall include each of the following:
(1) A description of the revolving fund environment, as of the
date of the conclusion of the study, and the anticipated future
environment, together with the quantitative data used in conducting
the assessment of such environments under the study.
(2) Recommended fiscal policy adjustments to support the
initiatives identified in the study, including adjustments to--
(A) the Department of Defense Financial Management
Regulation;
(B) published service regulations and instructions; and
(C) major command fiscal guidance.
(3) Recommendations with respect to any changes to any
applicable law that would be appropriate to support the initiatives
identified in the study.
(e) Submittal of Comments.--Not later than 90 days after the date
of the submittal of the report under subsection (d), the Secretary of
Defense and the Secretaries of each of the military departments shall
submit to the Committees on Armed Services of the Senate and House of
Representatives comments on the findings and recommendations contained
in the report.
SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND REQUIREMENTS.
Section 2208 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting before the semicolon the
following: ``, including the cost of the procurement and
qualification of technology-enhanced maintenance capabilities that
improve either reliability, maintainability, sustainability, or
supportability and have, at a minimum, been demonstrated to be
functional in an actual system application or operational
environment''; and
(2) in subsection (k)(2), by striking ``$100,000'' and
inserting ``$250,000''.
SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON
RESERVATION MAINTENANCE REVOLVING FUND.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall transfer $53,000,000 from the
unobligated balances of the Pentagon Reservation Maintenance Revolving
Fund established under section 2674(e) of title 10, United States Code,
to the Miscellaneous Receipts Fund of the United States Treasury.
SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for the fiscal year
2011 for the National Defense Sealift Fund in the amount of
$934,866,000.
SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2011
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,467,307,000, of
which--
(1) $1,067,364,000 is for Operation and Maintenance;
(2) $392,811,000 is for Research, Development, Test, and
Evaluation; and
(3) $7,132,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), as amended by section
1421 of this Act; and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $1,160,851,000.
SEC. 1408. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $317,154,000.
SEC. 1409. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $30,959,611,000.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2011, the
National Defense Stockpile Manager may obligate up to $41,181,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
Section 3402(b)(5) of the National Defense Authorization Act for
Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended by
section 1412(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is amended by striking
``$710,000,000'' and inserting ``$730,000,000''.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. CONSOLIDATION AND REORGANIZATION OF STATUTORY AUTHORITY FOR
DESTRUCTION OF UNITED STATES STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) Restatement of Statutory Authority With Consolidation and
Reorganization.--Section 1412 of the National Defense Authorization
Act, 1986 (50 U.S.C. 1521) is amended to read as follows:
``SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
``(a) In General.--The Secretary of Defense shall, in accordance
with the provisions of this section, carry out the destruction of the
United States' stockpile of lethal chemical agents and munitions that
exists on November 8, 1985.
``(b) Date for Completion.--(1) The destruction of such stockpile
shall be completed by the stockpile elimination deadline.
``(2) If the Secretary of Defense determines at any time that there
will be a delay in meeting the requirement in paragraph (1) for the
completion of the destruction of chemical weapons by the stockpile
elimination deadline, the Secretary shall immediately notify the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives of that projected delay.
``(3) For purposes of this section, the term `stockpile elimination
deadline' means the deadline established by the Chemical Weapons
Convention, but not later than December 31, 2017.
``(c) Initiation of Demilitarization Operations.--The Secretary of
Defense may not initiate destruction of the chemical munitions
stockpile stored at a site until the following support measures are in
place:
``(1) Support measures that are required by Department of
Defense and Army chemical surety and security program regulations.
``(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to that
installation.
``(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical
munitions demilitarization operations at that installation, as
approved by the appropriate State regulatory agencies.
``(d) Environmental Protection and Use of Facilities.--(1) In
carrying out the requirement of subsection (a), the Secretary of
Defense shall provide for--
``(A) maximum protection for the environment, the general
public, and the personnel who are involved in the destruction of
the lethal chemical agents and munitions referred to in subsection
(a), including but not limited to the use of technologies and
procedures that will minimize risk to the public at each site; and
``(B) adequate and safe facilities designed solely for the
destruction of lethal chemical agents and munitions.
``(2) Facilities constructed to carry out this section shall, when
no longer needed for the purposes for which they were constructed, be
disposed of in accordance with applicable laws and regulations and
mutual agreements between the Secretary of the Army and the Governor of
the State in which the facility is located.
``(3)(A) Facilities constructed to carry out this section may not
be used for a purpose other than the destruction of the stockpile of
lethal chemical agents and munitions that exists on November 8, 1985.
``(B) The prohibition in subparagraph (A) shall not apply with
respect to items designated by the Secretary of Defense as lethal
chemical agents, munitions, or related materials after November 8,
1985, if the State in which a destruction facility is located issues
the appropriate permit or permits for the destruction of such items at
the facility.
``(e) Grants and Cooperative Agreements.--(1)(A) In order to carry
out subsection (d)(1)(A), the Secretary of Defense may make grants to
State and local governments and to tribal organizations (either
directly or through the Federal Emergency Management Agency) to assist
those governments and tribal organizations in carrying out functions
relating to emergency preparedness and response in connection with the
disposal of the lethal chemical agents and munitions referred to in
subsection (a). Funds available to the Department of Defense for the
purpose of carrying out this section may be used for such grants.
``(B) Additionally, the Secretary may provide funds through
cooperative agreements with State and local governments, and with
tribal organizations, for the purpose of assisting them in processing,
approving, and overseeing permits and licenses necessary for the
construction and operation of facilities to carry out this section. The
Secretary shall ensure that funds provided through such a cooperative
agreement are used only for the purpose set forth in the preceding
sentence.
``(C) In this paragraph, the term `tribal organization' has the
meaning given that term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).
``(2)(A) In coordination with the Secretary of the Army and in
accordance with agreements between the Secretary of the Army and the
Administrator of the Federal Emergency Management Agency, the
Administrator shall carry out a program to provide assistance to State
and local governments in developing capabilities to respond to
emergencies involving risks to the public health or safety within their
jurisdictions that are identified by the Secretary as being risks
resulting from--
``(i) the storage of lethal chemical agents and munitions
referred to in subsection (a) at military installations in the
continental United States; or
``(ii) the destruction of such agents and munitions at
facilities referred to in subsection (d)(1)(B).
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an installation or
facility as described in subparagraph (A) until the earlier of the
following:
``(i) The date of the completion of all grants and cooperative
agreements with respect to the installation or facility for
purposes of this paragraph between the Federal Emergency Management
Agency and the State and local governments concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.
``(C) Not later than December 15 of each year, the Administrator
shall transmit a report to Congress on the activities carried out under
this paragraph during the fiscal year preceding the fiscal year in
which the report is submitted.
``(f) Requirement for Strategic Plan.--(1) The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Secretary of
the Army shall jointly prepare, and from time to time shall update as
appropriate, a strategic plan for future activities for destruction of
the United States' stockpile of lethal chemical agents and munitions.
``(2) The plan shall include, at a minimum, the following
considerations:
``(A) Realistic budgeting for stockpile destruction and related
support programs.
``(B) Contingency planning for foreseeable or anticipated
problems.
``(C) A management approach and associated actions that address
compliance with the obligations of the United States under the
Chemical Weapons Convention and that take full advantage of
opportunities to accelerate destruction of the stockpile.
``(3) The Secretary of Defense shall each year submit to the
Committee on the Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the strategic plan as
most recently prepared and updated under paragraph (1). Such submission
shall be made each year at the time of the submission to the Congress
that year of the President's budget for the next fiscal year.
``(g) Management Organization.--(1) In carrying out this section,
the Secretary of Defense shall provide for a management organization
within the Department of the Army. The Secretary of the Army shall be
responsible for management of the destruction of agents and munitions
at all sites except Blue Grass Army Depot, Kentucky, and Pueblo
Chemical Depot, Colorado
``(2) The program manager for the Assembled Chemical Weapons
Alternative Program shall be responsible for management of the
construction, operation, and closure, and any contracting relating
thereto, of chemical demilitarization activities at Blue Grass Army
Depot, Kentucky, and Pueblo Army Depot, Colorado, including management
of the pilot-scale facility phase of the alternative technology
selected for the destruction of lethal chemical munitions. In
performing such management, the program manager shall act independently
of the Army program manager for Chemical Demilitarization and shall
report to the Under Secretary of Defense for Acquisition, Technology,
and Logistics
``(3) The Secretary of Defense shall designate a general officer or
civilian equivalent as the director of the management organization
established under paragraph (1). Such officer shall have--
``(A) experience in the acquisition, storage, and destruction
of chemical agents and munitions; and
``(B) outstanding qualifications regarding safety in handling
chemical agents and munitions.
``(h) Identification of Funds.--(1) Funds for carrying out this
section, including funds for military construction projects necessary
to carry out this section, shall be set forth in the budget of the
Department of Defense for any fiscal year as a separate account. Such
funds shall not be included in the budget accounts for any military
department.
``(2) Amounts appropriated to the Secretary of Defense for the
purpose of carrying out subsection (e) shall be promptly made available
to the Administrator of the Federal Emergency Management Agency.
``(i) Annual Reports.--(1) Except as provided by paragraph (3), the
Secretary of Defense shall transmit, by December 15 each year, a report
to Congress on the activities carried out under this section during the
fiscal year ending on September 30 of the calendar year in which the
report is to be made.
``(2) Each annual report shall include the following:
``(A) A site-by-site description of the construction,
equipment, operation, and dismantling of facilities (during the
fiscal year for which the report is made) used to carry out the
destruction of agents and munitions under this section, including
any accidents or other unplanned occurrences associated with such
construction and operation.
``(B) A site-by-site description of actions taken to assist
State and local governments (either directly or through the Federal
Emergency Management Agency) in carrying out functions relating to
emergency preparedness and response in accordance with subsection
(e).
``(C) An accounting of all funds expended (during such fiscal
year) for activities carried out under this section, with a
separate accounting for amounts expended for--
``(i) the construction of and equipment for facilities used
for the destruction of agents and munitions;
``(ii) the operation of such facilities;
``(iii) the dismantling or other closure of such
facilities;
``(iv) research and development;
``(v) program management;
``(vi) travel and associated travel costs for Citizens'
Advisory Commissioners under subsection (m)(7); and
``(vii) grants to State and local governments to assist
those governments in carrying out functions relating to
emergency preparedness and response in accordance with
subsection (e).
``(D) An assessment of the safety status and the integrity of
the stockpile of lethal chemical agents and munitions subject to
this section, including--
``(i) an estimate on how much longer that stockpile can
continue to be stored safely;
``(ii) a site-by-site assessment of the safety of those
agents and munitions; and
``(iii) a description of the steps taken (to the date of
the report) to monitor the safety status of the stockpile and
to mitigate any further deterioration of that status.
``(3) The Secretary shall transmit the final report under paragraph
(1) not later than 120 days following the completion of activities
under this section.
``(j) Semiannual Reports.--(1) Not later than March 1 and September
1 each year until the year in which the United States completes the
destruction of its entire stockpile of chemical weapons under the terms
of the Chemical Weapons Convention, the Secretary of Defense shall
submit to the members and committees of Congress referred to in
paragraph (3) a report on the implementation by the United States of
its chemical weapons destruction obligations under the Chemical Weapons
Convention.
``(2) Each report under paragraph (1) shall include the following:
``(A) The anticipated schedule at the time of such report for
the completion of destruction of chemical agents, munitions, and
materiel at each chemical weapons demilitarization facility in the
United States.
``(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction at each
such facility, particularly in time to meet the stockpile
elimination deadline.
``(C) A description of the funding required to achieve each of
the options for destruction described under subparagraph (B), and a
detailed life-cycle cost estimate for each of the affected
facilities included in each such funding profile.
``(D) A description of all actions being taken by the United
States to accelerate the destruction of its entire stockpile of
chemical weapons, agents, and materiel in order to meet the current
stockpile elimination deadline under the Chemical Weapons
Convention of April 29, 2012, or as soon thereafter as possible.
``(3) The members and committees of Congress referred to in this
paragraph are--
``(A) the majority leader and the minority leader of the Senate
and the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Speaker of the House of Representatives, the majority
leader and the minority leader of the House of Representatives, and
the Committee on Armed Services and the Committee on Appropriations
of the House of Representatives.
``(k) Authorized Use of Toxic Chemicals.--Consistent with United
States obligations under the Chemical Weapons Convention, the Secretary
of Defense may develop, produce, otherwise acquire, retain, transfer,
and use toxic chemicals and their precursors for purposes not
prohibited by the Chemical Weapons Convention if the types and
quantities of such chemicals and precursors are consistent with such
purposes, including for protective purposes such as protection against
toxic chemicals and protection against chemical weapons.
``(l) Surveillance and Assessment Program.--The Secretary of
Defense shall conduct an ongoing comprehensive program of--
``(1) surveillance of the existing United States stockpile of
chemical weapons; and
``(2) assessment of the condition of the stockpile.
``(m) Chemical Demilitarization Citizens' Advisory Commissions.--
(1)(A) The Secretary of the Army shall establish a citizens' commission
for each State in which there is a chemical demilitarization facility
under Army management.
``(B) The Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs shall establish a chemical demilitarization
citizens' commission in Colorado and in Kentucky.
``(C) Each commission under this subsection shall be known as the
`Chemical Demilitarization Citizens' Advisory Commission' for the State
concerned.
``(2)(A) The Secretary of the Army, or the Department of Defense
with respect to Colorado and Kentucky, shall provide for a
representative to meet with each commission established under this
subsection to receive citizen and State concerns regarding the ongoing
program for the disposal of the lethal chemical agents and munitions in
the stockpile referred to in subsection (a) at each of the sites with
respect to which a commission is established pursuant to paragraph (1).
``(B) The Secretary of the Army shall provide for a representative
from the Office of the Assistant Secretary of the Army (Acquisition,
Logistics, and Technology) to meet with each commission under Army
management.
``(C) The Department of Defense shall provide for a representative
from the Office of the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs to meet with the commissions
in Colorado and Kentucky.
``(3)(A) Each commission under this subsection shall be composed of
nine members appointed by the Governor of the State. Seven of such
members shall be citizens from the local affected areas in the State.
The other two shall be representatives of State government who have
direct responsibilities related to the chemical demilitarization
program.
``(B) For purposes of this paragraph, affected areas are those
areas located within a 50-mile radius of a chemical weapons storage
site.
``(4) For a period of five years after the termination of any
commission under this subsection, no corporation, partnership, or other
organization in which a member of that commission, a spouse of a member
of that commission, or a natural or adopted child of a member of that
commission has an ownership interest may be awarded--
``(A) a contract related to the disposal of lethal chemical
agents or munitions in the stockpile referred to in subsection (a);
or
``(B) a subcontract under such a contract.
``(5) The members of each commission under this subsection shall
designate the chair of such commission from among the members of such
commission.
``(6) Each commission under this subsection shall meet with a
representative from the Army, or the Office of the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological Defense Programs with
respect to the commissions in Colorado and Kentucky, upon joint
agreement between the chair of such commission and that representative.
The two parties shall meet not less often than twice a year and may
meet more often at their discretion.
``(7) Members of each commission under this subsection shall
receive no pay for their involvement in the activities of their
commissions. Funds appropriated for the Chemical Stockpile
Demilitarization Program may be used for travel and associated travel
costs for commissioners of commissions under this subsection when such
travel is conducted at the invitation of the Assistant Secretary of the
Army (Acquisition, Logistics, and Technology) or the invitation of the
Assistant Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs for the commissions in Colorado and Kentucky.
``(8) Each commission under this subsection shall be terminated
after the closure activities required pursuant to regulations
prescribed by the Administrator of the Environmental Protection Agency
pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have
been completed for the chemical agent destruction facility in such
commission's State, or upon the request of the Governor of such
commission's State, whichever occurs first.
``(n) Incentive Clauses in Chemical Demilitarization Contracts.--
(1)(A) The Secretary of Defense may, for the purpose specified in
paragraph (B), authorize the inclusion of an incentives clause in any
contract for the destruction of the United States stockpile of lethal
chemical agents and munitions carried out pursuant to subsection (a).
``(B) The purpose of a clause referred to in subparagraph (A) is to
provide the contractor for a chemical demilitarization facility an
incentive to accelerate the safe elimination of the United States
chemical weapons stockpile and to reduce the total cost of the Chemical
Demilitarization Program by providing incentive payments for the early
completion of destruction operations and the closure of such facility.
``(2)(A) An incentives clause under this subsection shall permit
the contractor for the chemical demilitarization facility concerned the
opportunity to earn incentive payments for the completion of
destruction operations and facility closure activities within target
incentive ranges specified in such clause.
``(B) The maximum incentive payment under an incentives clause with
respect to a chemical demilitarization facility may not exceed the
following amounts:
``(i) In the case of an incentive payment for the completion of
destruction operations within the target incentive range specified
in such clause, $110,000,000.
``(ii) In the case of an incentive payment for the completion
of facility closure activities within the target incentive range
specified in such clause, $55,000,000.
``(C) An incentives clause in a contract under this section shall
specify the target incentive ranges of costs for completion of
destruction operations and facility closure activities, respectively,
as jointly agreed upon by the contracting officer and the contractor
concerned. An incentives clause shall require a proportionate reduction
in the maximum incentive payment amounts in the event that the
contractor exceeds an agreed-upon target cost if such excess costs are
the responsibility of the contractor.
``(D) The amount of the incentive payment earned by a contractor
for a chemical demilitarization facility under an incentives clause
under this subsection shall be based upon a determination by the
Secretary on how early in the target incentive range specified in such
clause destruction operations or facility closure activities, as the
case may be, are completed.
``(E) The provisions of any incentives clause under this subsection
shall be consistent with the obligation of the Secretary of Defense
under subsection (d)(1)(A), to provide for maximum protection for the
environment, the general public, and the personnel who are involved in
the destruction of the lethal chemical agents and munitions.
``(F) In negotiating the inclusion of an incentives clause in a
contract under this subsection, the Secretary may include in such
clause such additional terms and conditions as the Secretary considers
appropriate.
``(3)(A) No payment may be made under an incentives clause under
this subsection unless the Secretary determines that the contractor
concerned has satisfactorily performed its duties under such incentives
clause.
``(B) An incentives clause under this subsection shall specify that
the obligation of the Government to make payment under such incentives
clause is subject to the availability of appropriations for that
purpose. Amounts appropriated for Chemical Agents and Munitions
Destruction, Defense, shall be available for payments under incentives
clauses under this subsection.
``(o) Definitions.--In this section:
``(1) The term `chemical agent and munition' means an agent or
munition that, through its chemical properties, produces lethal or
other damaging effects on human beings, except that such term does
not include riot control agents, chemical herbicides, smoke and
other obscuration materials.
``(2) The term `Chemical Weapons Convention' means the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
with annexes, done at Paris, January 13, 1993, and entered into
force April 29, 1997 (T. Doc. 103-21).
``(3) The term `lethal chemical agent and munition' means a
chemical agent or munition that is designed to cause death, through
its chemical properties, to human beings in field concentrations.
``(4) The term `destruction' means, with respect to chemical
munitions or agents--
``(A) the demolishment of such munitions or agents by
incineration or by any other means; or
``(B) the dismantling or other disposal of such munitions
or agents so as to make them useless for military purposes and
harmless to human beings under normal circumstances.''.
(b) Repeal of Laws Restated in Section 1412 and Obsolete Provisions
of Law.--The following provisions of law are repealed:
(1) Section 125 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1043; 50
U.S.C. 1521 note).
(2) Sections 172, 174, 175, and 180 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2341; 50 U.S.C. 1521 note).
(3) Section 152 of the National Defense Authorization Act for
Fiscal Year 1996 (50 U.S.C. 1521 note).
(4) Section 8065 of the Omnibus Consolidated Appropriations
Act, 1997 (50 U.S.C. 1521 note).
(5) Section 142 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note).
(6) Section 141 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50 U.S.C. 1521
note).
(7) Section 8122 of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521
note).
(8) Section 923 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2360; 50 U.S.C. 1521 note).
(9) Section 8119 of the Department of Defense Appropriations
Act, 2008 (Public Law 110-116; 121 Stat. 1340; 50 U.S.C. 1521
note).
(10) Section 922(c) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 283; 50 U.S.C.
1521 note).
Subtitle D--Other Matters
SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2011
from the Armed Forces Retirement Home Trust Fund the sum of $71,200,000
for the operation of the Armed Forces Retirement Home.
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1409 and available for the Defense Health
Program for operation and maintenance, $132,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated for the Department of Defense specifically for such
transfer.
(b) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement pursuant to section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 455).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces
Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in
Afghanistan and economic transition plan and economic strategy
for Afghanistan.
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2011 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $1,373,803,000.
(2) For missile procurement, $343,828,000.
(3) For weapons and tracked combat vehicles procurement,
$687,500,000.
(4) For ammunition procurement, $384,441,000.
(5) For other procurement, $5,827,274,000.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Joint Improvised Explosive Device Defeat Fund in the amount of
$3,465,868,000.
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Navy and Marine Corps in amounts as
follows:
(1) For aircraft procurement, Navy, $420,358,000.
(2) For weapons procurement, Navy, $93,425,000.
(3) For ammunition procurement, Navy and Marine Corps,
$565,084,000.
(4) For other procurement, Navy, $480,735,000.
(5) For procurement, Marine Corps, $1,705,069,000.
SEC. 1505. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Air Force in amounts as follows:
(1) For aircraft procurement, $1,096,520,000.
(2) For ammunition procurement, $292,959,000.
(3) For missile procurement, $56,621,000.
(4) For other procurement, $2,992,681,000.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the procurement account for Defense-wide activities in the amount
of $844,546,000.
SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $700,000,000.
SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of
$3,415,000,000.
SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $150,906,000.
(2) For the Navy, $60,401,000.
(3) For the Air Force, $266,241,000.
(4) For Defense-wide activities, $661,240,000.
SEC. 1510. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $63,202,618,000.
(2) For the Navy, $8,692,173,000.
(3) For the Marine Corps, $4,136,522,000.
(4) For the Air Force, $13,487,283,000
(5) For Defense-wide activities, $9,436,358,000.
(6) For the Army Reserve, $286,950,000.
(7) For the Navy Reserve, $93,559,000.
(8) For the Marine Corps Reserve, $29,685,000.
(9) For the Air Force Reserve, $129,607,000.
(10) For the Army National Guard, $544,349,000.
(11) For the Air National Guard, $350,823,000.
(12) For the Afghanistan Security Forces Fund, $11,619,283,000.
(13) For the Iraq Security Forces Fund, $1,500,000,000.
(14) For the Overseas Contingency Operations Transfer Fund,
$506,781,000.
SEC. 1511. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Department of Defense for military personnel in the amount of
$15,275,502,000.
SEC. 1512. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in the amount of $485,384,000.
SEC. 1513. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Defense Health Program in the amount of $1,398,092,000 for
operation and maintenance.
SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in
the amount of $457,110,000.
SEC. 1515. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense in the amount of $10,529,000.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this title for fiscal year 2011
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection may
not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY
FORCES FUND.
(a) Application of Existing Limitations.--Funds made available to
the Department of Defense for the Afghanistan Security Forces Fund for
fiscal year 2011 shall be subject to the conditions contained in
subsections (b) through (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
428), as amended by subsection (b) of this section.
(b) Modification of Prior Notice and Reporting Requirements.--
Section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428) is amended--
(1) in subsection (e), by striking ``five days'' and inserting
``15 days''; and
(2) in subsection (g), by adding at the end the following new
sentence: ``The Secretary may treat a report submitted under
section 9010 of the Department of Defense Appropriations Act, 2010
(Public Law 111-118; 123 Stat. 3466), or a successor provision of
law, with respect to a fiscal-year quarter as satisfying the
requirements for a report under this subsection for that fiscal-
year quarter.''.
SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN IRAQ SECURITY FORCES
FUND.
(a) Application of Existing Limitations.--Subject to subsection
(b), funds made available to the Department of Defense for the Iraq
Security Forces Fund for fiscal year 2011 shall be subject to the
conditions contained in subsections (b) through (g) of section 1512 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 426), as amended by subsection (d) of this section.
(b) Cost-share Requirement.--
(1) Requirement.--If funds made available to the Department of
Defense for the Iraq Security Forces Fund for fiscal year 2011 are
used for the purchase of any item or service for Iraq Security
Forces, the funds may not cover more than 80 percent of the cost of
the item or service.
(2) Exception.--Paragraph (1) does not apply to any item that
the Secretary of Defense determines--
(A) is an item of significant military equipment (as such
term is defined in section 47(9) of the Arms Export Control Act
(22 U.S.C. 2794(9))); or
(B) is included on the United States Munitions List, as
designated pursuant to section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
(c) Limitation on Obligation of Funds Pending Certain Commitment by
Government of Iraq.--
(1) Limitation.--Of the amount available to the Iraq Security
Forces Fund as described in subsection (a), not more than
$1,000,000,000 may be obligated until the Secretary of Defense
certifies to Congress that the Government of Iraq has demonstrated
a commitment to each of the following:
(A) To adequately build the logistics and maintenance
capacity of the Iraqi security forces.
(B) To develop the institutional capacity to manage such
forces independently.
(C) To develop a culture of sustainment for equipment
provided by the United States or acquired with United States
assistance.
(2) Basis for certification.--The certification of the
Secretary under paragraph (1) shall include a description of the
actions taken by the Government of Iraq that, in the determination
of the Secretary, support the certification.
(d) Modification of Prior Notice and Reporting Requirements.--
Section 1512 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 426) is amended--
(1) in subsection (e), by striking ``five days'' and inserting
``15 days''; and
(2) in subsection (g), by adding at the end the following new
sentence: ``The Secretary may treat a report submitted under
section 9010 of the Department of Defense Appropriations Act, 2010
(Public Law 111-118; 123 Stat. 3466), or a successor provision of
law, with respect to a fiscal-year quarter as satisfying the
requirements for a report under this subsection for that fiscal-
year quarter.''.
SEC. 1533. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS
FOR CERTAIN FACILITIES PROJECTS IN IRAQ.
Section 1508(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4651) shall
apply to funds authorized to be appropriated by this title.
SEC. 1534. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439), as in effect before the
amendments made by section 1503 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4649), shall apply to the funds made available to the Department of
Defense for the Joint Improvised Explosive Device Defeat Fund for
fiscal year 2011.
(b) Monthly Obligations and Expenditure Reports.--
(1) Reports required.--Not later than 15 days after the end of
each month of fiscal year 2011, the Secretary of Defense shall
provide to the congressional defense committees a report on the
Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.
(2) Repeal of superseded reporting requirement.--Section 1514
of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended by
striking subsection (e).
SEC. 1535. TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN
AFGHANISTAN AND ECONOMIC TRANSITION PLAN AND ECONOMIC STRATEGY FOR
AFGHANISTAN.
(a) Projects of Task Force for Business and Stability Operations in
Afghanistan.--
(1) In general.--The Task Force for Business and Stability
Operations in Afghanistan may carry out projects to assist the
commander of United States Forces-Afghanistan and the Ambassador of
the United States Mission in Afghanistan to reduce violence,
enhance stability, and support economic normalcy in Afghanistan
through strategic business and economic activities.
(2) Direction, control, and concurrence.--A project carried out
under paragraph (1) shall be subject to--
(A) the direction and control of the Secretary of Defense;
and
(B) the concurrence of the Secretary of State.
(3) Scope of projects.--The projects carried out under
paragraph (1) may include projects that facilitate private
investment, industrial development, banking and financial system
development, agricultural diversification and revitalization, and
energy development in and with respect to Afghanistan.
(4) Funding.--The Secretary may use funds available for
overseas contingency operations for operation and maintenance for
the Army for additional activities to carry out projects under
paragraph (1). The amount of funds used under authority in the
preceding sentence may not exceed $150,000,000.
(5) Prohibition on use of certain funds.--Funds provided for
the Commanders' Emergency Response Program may not be utilized to
support or carry out projects of the Task Force for Business and
Stability Operations.
(6) Report.--Not later than October 31, 2011, the Secretary of
Defense shall submit to the appropriate congressional committees a
report describing--
(A) the activities of the Task Force for Business and
Stability Operations in Afghanistan in support of Operation
Enduring Freedom during fiscal year 2011, including the
projects carried out under paragraph (1) during that fiscal
year; and
(B) how the activities of the Task Force for Business and
Stability Operations in Afghanistan support the long-term
stabilization of Afghanistan.
(7) Expiration of authority.--The authority provided in
paragraph (1) shall expire on September 30, 2011.
(b) Plan for Transition of Task Force Activities to Agency for
International Development.--
(1) Plan required.--The Secretary of Defense, the Administrator
of the Agency for International Development, and the Secretary of
State shall jointly develop a plan to transition the activities of
the Task Force for Business and Stability Operations in Afghanistan
to the Department of State.
(2) Elements of plan.--The plan shall describe at a minimum the
following:
(A) The activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in fiscal year
2011.
(B) Those activities that the Task Force for Business and
Stability Operations in Afghanistan carried out in fiscal year
2011 that the Agency for International Development will
continue in fiscal year 2012, including those activities that,
rather than explicitly continued, may be merged with similar
efforts carried out by the Agency for International
Development.
(C) Any activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in fiscal year
2011 that the Agency for International Development will not
continue and the reasons that such activities shall not be
continued.
(D) Those actions that may be necessary to transition
activities carried out by the Task Force for Business and
Stability Operations in Afghanistan in fiscal year 2011 and
that will be continued by the Agency for International
Development in fiscal year 2012 from the Department of Defense
to the Agency for International Development.
(3) Report required.--At the same time that the budget of the
President is submitted to Congress under section 1105(a) of title
31, United States Code, for fiscal year 2012, the Secretary of
Defense shall submit the plan to the appropriate congressional
committees.
(c) Report on Economic Strategy for Afghanistan.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State and the Secretary of Defense, shall submit to
the appropriate congressional committees a report on an economic
strategy for Afghanistan that--
(A) supports the United States counterinsurgency campaign
in Afghanistan;
(B) promotes economic stabilization in Afghanistan,
consistent with a longer-term development plan for Afghanistan;
and
(C) enhances the establishment of sustainable institutions
in Afghanistan.
(2) Elements.--The report shall include the following:
(A) An identification of the sectors within the Afghanistan
economy that offer the greatest economic opportunities to
support the purposes of the economic strategy for Afghanistan
set forth under paragraph (1).
(B) An assessment of the capabilities of the Government of
Afghanistan to increase revenue generation to meet its own
operational and developmental costs in the short-term, medium-
term, and long-term.
(C) An assessment of the infrastructure (water, power,
rail, road) required to underpin economic development in
Afghanistan.
(D) A description of the potential role in the economic
strategy for Afghanistan of each of the following:
(i) Private sector investment, including investment by
and through the Overseas Private Investment Corporation.
(ii) Efforts to promote public-private partnerships.
(iii) National Priority Programs of the Government of
Afghanistan, including the Afghanistan National Solidarity
Program, and public works projects.
(iv) International financial institutions, including
the International Bank for Reconstruction and Development
and the Asian Development Bank.
(v) Efforts to promote trade, including efforts by and
through the Export-Import Bank of the United States.
(vi) Department of Defense policies to promote economic
stabilization and development, including the Afghanistan
First procurement policy and efforts by the Department to
enhance transportation, electrification, and communications
networks both within Afghanistan and between Afghanistan
and neighboring countries.
(E) An evaluation of the regional dimension of an economic
strategy for Afghanistan, including a description of economic
areas suitable for regional collaboration and a prioritization
among such areas for attention under the strategy.
(F) A timeline and milestones for activities that can
promote economic stabilization, development, and sustainability
in Afghanistan in the short-term, medium-term, and long-term.
(G) Metrics for assessing progress under the economic
strategy for Afghanistan.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services, Foreign Relations, and
Appropriations of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs, and
Appropriations of the House of Representatives.
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
Sec. 1601. Definition of Department of Defense sexual assault prevention
and response program and other definitions.
Sec. 1602. Comprehensive Department of Defense policy on sexual assault
prevention and response program.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.
Subtitle B--Improved and Expanded Availability of Services
Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.
Subtitle C--Reporting Requirements
Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault prevention
and response program.
Sec. 1632. Additional reports.
SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM AND OTHER DEFINITIONS.
(a) Sexual Assault Prevention and Response Program Defined.--In
this title, the term ``sexual assault prevention and response program''
refers to Department of Defense policies and programs, including
policies and programs of a specific military department or Armed Force,
that, as modified as required by this title--
(1) are intended to reduce the number of sexual assaults
involving members of the Armed Forces, whether members are the
victim, alleged assailant, or both; and
(2) improve the response of the Department of Defense, the
military departments, and the Armed Forces to reports of sexual
assaults involving members of the Armed Forces, whether members are
the victim, alleged assailant, or both, and to reports of sexual
assaults when a covered beneficiary under chapter 55 of title 10,
United States Code, is the victim.
(b) Other Definitions.--In this title:
(1) The term ``Armed Forces'' means the Army, Navy, Air Force,
and Marine Corps.
(2) The terms ``covered beneficiary'' and ``dependent'' have
the meanings given those terms in section 1072 of title 10, United
States Code.
(3) The term ``department'' has the meaning given that term in
section 101(a)(6) of title 10, United States Code.
(4) The term ``military installation'' has the meaning given
that term by the Secretary concerned.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy and the Marine Corps; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force.
(6) The term ``sexual assault'' has the definition developed
for that term by the Secretary of Defense pursuant to subsection
(a)(3) of section 577 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 113 note), subject to such modifications as the Secretary
considers appropriate.
SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.
(a) Comprehensive Policy Required.--Not later than March 30, 2012,
the Secretary of Defense shall submit to the congressional defense
committees a revised comprehensive policy for the Department of Defense
sexual assault prevention and response program that--
(1) builds upon the comprehensive sexual assault prevention and
response policy developed under subsections (a) and (b) of section
577 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 113 note);
(2) incorporates into the sexual assault prevention and
response program the new requirements identified by this title; and
(3) ensures that the policies and procedures of the military
departments regarding sexual assault prevention and response are
consistent with the revised comprehensive policy.
(b) Consideration of Task Force Findings, Recommendations, and
Practices.--In developing the comprehensive policy required by
subsection (a), the Secretary of Defense shall take into account the
findings and recommendations found in the report of the Defense Task
Force on Sexual Assault in the Military Services issued in December
2009.
(c) Sexual Assault Prevention and Response Evaluation Plan.--
(1) Plan required.--The Secretary of Defense shall develop and
implement an evaluation plan for assessing the effectiveness of the
comprehensive policy prepared under subsection (a) in achieving its
intended outcomes at the department and individual Armed Force
levels.
(2) Role of service secretaries.--As a component of the
evaluation plan, the Secretary of each military department shall
assess the adequacy of measures undertaken at military
installations and by units of the Armed Forces under the
jurisdiction of the Secretary to ensure the safest and most secure
living and working environments with regard to preventing sexual
assault.
(d) Progress Report.--Not later than October 1, 2011, the Secretary
of Defense shall submit to the congressional defense committees a
report--
(1) describing the process by which the comprehensive policy
required by subsection (a) is being revised;
(2) describing the extent to which revisions of the
comprehensive policy and the evaluation plan required by subsection
(c) have already been implemented; and
(3) containing a determination by the Secretary regarding
whether the Secretary will be able to comply with the revision
deadline specified in subsection (a).
(e) Consistency of Terminology, Position Descriptions, Program
Standards, and Organizational Structures.--
(1) In general.--The Secretary of Defense shall require the use
of consistent terminology, position descriptions, minimum program
standards, and organizational structures throughout the Armed
Forces in implementing the sexual assault prevention and response
program.
(2) Minimum standards.--The Secretary of Defense shall
establish minimum standards for--
(A) the training, qualifications, and status of Sexual
Assault Response Coordinators and Sexual Assault Victim
Advocates for the Armed Forces; and
(B) the curricula to be used to provide sexual assault
prevention and response training and education for members of
the Armed Forces and civilian employees of the department to
strengthen individual knowledge, skills, and capacity to
prevent and respond to sexual assault.
(3) Recognizing operational differences.--In complying with
this subsection, the Secretary of Defense shall take into account
the responsibilities of the Secretary concerned and operational
needs of the Armed Force involved.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.
(a) Appointment of Director.--There shall be a Director of the
Sexual Assault Prevention and Response Office. During the development
and implementation of the comprehensive policy for the Department of
Defense sexual assault prevention and response program, the Director
shall operate under the oversight of the Advisory Working Group of the
Deputy Secretary of Defense.
(b) Duties of Director.--The Director of the Sexual Assault
Prevention and Response Office shall--
(1) oversee implementation of the comprehensive policy for the
Department of Defense sexual assault prevention and response
program;
(2) serve as the single point of authority, accountability, and
oversight for the sexual assault prevention and response program;
and
(3) provide oversight to ensure that the military departments
comply with the sexual assault prevention and response program.
(c) Role of Inspectors General.--
(1) In general.--The Inspector General of the Department of
Defense, the Inspector General of the Army, the Naval Inspector
General, and the Inspector General of the Air Force shall treat the
sexual assault prevention and response program as an item of
special interest when conducting inspections of organizations and
activities with responsibilities regarding the prevention and
response to sexual assault.
(2) Composition of investigation teams.--The Inspector General
inspection teams shall include at least one member with expertise
and knowledge of sexual assault prevention and response policies
related to a specific Armed Force.
(d) Staff.--
(1) Assignment.--Not later than 18 months after the date of the
enactment of this Act, an officer from each of the Armed Forces in
the grade of O-4 or above shall be assigned to the Sexual Assault
Prevention and Response Office for a minimum tour length of at
least 18 months.
(2) Higher grade.--Notwithstanding paragraph (1), of the four
officers assigned to the Sexual Assault Prevention and Response
Office under this subsection at any time, one officer shall be in
the grade of O-6 or above.
SEC. 1612. OVERSIGHT AND EVALUATION STANDARDS.
(a) Issuance of Standards.--The Secretary of Defense shall issue
standards to assess and evaluate the effectiveness of the sexual
assault prevention and response program of each Armed Force in reducing
the number of sexual assaults involving members of the Armed Forces and
in improving the response of the department to reports of sexual
assaults involving members of the Armed Forces, whether members of the
Armed Forces are the victim, alleged assailant, or both.
(b) Sexual Assault Prevention Evaluation Plan.--The Secretary of
Defense shall use the sexual assault prevention and response evaluation
plan developed under section 1602(c) to ensure that the Armed Forces
implement and comply with assessment and evaluation standards issued
under subsection (a).
SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF CENTRALIZED
DEPARTMENT OF DEFENSE SEXUAL ASSAULT DATABASE.
(a) Report and Plan Required.--Not later than April 1, 2011, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report--
(1) describing the status of development and implementation of
the centralized Department of Defense sexual assault database
required by section 563 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4470; 10 U.S.C. 113 note);
(2) containing a revised implementation plan under subsection
(c) of such section for completing implementation of the database;
and
(3) indicating the date by which the database will be
operational.
(b) Content of Implementation Plan.--The plan referred to in
subsection (a)(2) shall address acquisition best practices associated
with successfully acquiring and deploying information technology
systems related to the centralized sexual assault database, such as
economically justifying the proposed system solution and effectively
developing and managing requirements.
SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS.
The Secretary of Defense shall clarify the limitations on the
ability of a member of the Armed Forces to make a restricted report
regarding the occurrence of a sexual assault and the circumstances
under which information contained in a restricted report may no longer
be confidential.
Subtitle B--Improved and Expanded Availability of Services
SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE FOR VICTIMS OF
SEXUAL ASSAULT.
The Secretary of Defense shall establish comprehensive and
consistent protocols for providing and documenting medical care to a
member of the Armed Forces or covered beneficiary who is a victim of a
sexual assault, including protocols with respect to the appropriate
screening, prevention, and mitigation of diseases. In establishing the
protocols, the Secretary shall take into consideration the gender of
the victim.
SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE SERVICES.
(a) Availability of Victim Advocate Services.--
(1) Availability.--A member of the Armed Forces or a dependent,
as described in paragraph (2), who is the victim of a sexual
assault is entitled to assistance provided by a qualified Sexual
Assault Victim Advocate.
(2) Covered dependents.--The assistance described in paragraph
(1) is available to a dependent of a member of the Armed Forces who
is the victim of a sexual assault and who resides on or in the
vicinity of a military installation. The Secretary concerned shall
define the term ``vicinity'' for purposes of this paragraph.
(b) Notice of Availability of Assistance; Opt Out.--The member or
dependent shall be informed of the availability of assistance under
subsection (a) as soon as the member or dependent seeks assistance from
a Sexual Assault Response Coordinator. The victim shall also be
informed that the services of a Sexual Assault Response Coordinator and
Sexual Assault Victim Advocate are optional and that these services may
be declined, in whole or in part, at any time.
(c) Nature of Reporting Immaterial.--In the case of a member of the
Armed Forces, Victim Advocate services are available regardless of
whether the member elects unrestricted or restricted (confidential)
reporting of the sexual assault.
Subtitle C--Reporting Requirements
SEC. 1631. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF
THE ARMED FORCES AND IMPROVEMENT TO SEXUAL ASSAULT PREVENTION AND
RESPONSE PROGRAM.
(a) Annual Reports on Sexual Assaults.--Not later than March 1,
2012, and each March 1 thereafter through March 1, 2017, the Secretary
of each military department shall submit to the Secretary of Defense a
report on the sexual assaults involving members of the Armed Forces
under the jurisdiction of that Secretary during the preceding year. In
the case of the Secretary of the Navy, separate reports shall be
prepared for the Navy and for the Marine Corps.
(b) Contents.--The report of a Secretary of a military department
for an Armed Force under subsection (a) shall contain the following:
(1) The number of sexual assaults committed against members of
the Armed Force that were reported to military officials during the
year covered by the report, and the number of the cases so reported
that were substantiated.
(2) The number of sexual assaults committed by members of the
Armed Force that were reported to military officials during the
year covered by the report, and the number of the cases so reported
that were substantiated. The information required by this paragraph
may not be combined with the information required by paragraph (1).
(3) A synopsis of each such substantiated case, organized by
offense, and, for each such case, the action taken in the case,
including the type of disciplinary or administrative sanction
imposed, if any, including courts-martial sentences, non-judicial
punishments administered by commanding officers pursuant to section
815 of title 10, United States Code (article 15 of the Uniform Code
of Military Justice), and administrative separations.
(4) The policies, procedures, and processes implemented by the
Secretary concerned during the year covered by the report in
response to incidents of sexual assault involving members of the
Armed Force concerned.
(5) The number of substantiated sexual assault cases in which
the victim is a deployed member of the Armed Forces and the
assailant is a foreign national, and the policies, procedures, and
processes implemented by the Secretary concerned to monitor the
investigative processes and disposition of such cases and any
actions taken to eliminate any gaps in investigating and
adjudicating such cases.
(6) A description of the implementation of the accessibility
plan implemented pursuant to section 596(b) of such Act, including
a description of the steps taken during that year to ensure that
trained personnel, appropriate supplies, and transportation
resources are accessible to deployed units in order to provide an
appropriate and timely response in any case of reported sexual
assault in a deployed unit, location, or environment.
(c) Consistent Definition of Substantiated.--Not later than
December 31, 2011, the Secretary of Defense shall establish a
consistent definition of ``substantiated'' for purposes of paragraphs
(1), (2), (3), and (5) of subsection (b) and provide synopses for those
cases for the preparation of reports under this section.
(d) Submission to Congress.--Not later than April 30 of each year
in which the Secretary of Defense receives reports under subsection
(a), the Secretary of Defense shall forward the reports to the
Committees on Armed Services of the Senate and House of
Representatives, together with--
(1) the results of assessments conducted under the evaluation
plan required by section 1602(c); and
(2) such assessments on the reports as the Secretary of Defense
considers appropriate.
(e) Repeal of Superseded Reporting Requirement.--
(1) Repeal.--Subsection (f) of section 577 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 113 note) is repealed.
(2) Submission of 2010 report.--The reports required by
subsection (f) of section 577 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375;
10 U.S.C. 113 note) covering calendar year 2010 are still required
to be submitted to the Secretary of Defense and the Committees on
Armed Services of the Senate and House of Representatives pursuant
to the terms of such subsection, as in effect before the date of
the enactment of this Act.
SEC. 1632. ADDITIONAL REPORTS.
(a) Extension of Sexual Assault Prevention and Response Services to
Additional Persons.--The Secretary of Defense shall evaluate the
feasibility of extending department sexual assault prevention and
response services to Department of Defense civilian employees and
employees of defense contractors who--
(1) are victims of a sexual assault; and
(2) work on or in the vicinity of a military installation or
with members of the Armed Forces.
(b) Extension of Sexual Assault Prevention and Response Program to
Reserve Components.--The Secretary of Defense shall evaluate the
application of the sexual assault prevention and response program to
members of the reserve components, including, at a minimum, the
following:
(1) The ability of members of the reserve components to access
the services available under the sexual assault prevention and
response program, including policies and programs of a specific
military department or Armed Force.
(2) The quality of training provided to Sexual Assault Response
Coordinators and Sexual Assault Victim Advocates in the reserve
components.
(3) The degree to which the services available for regular and
reserve members under the sexual assault prevention and response
program are integrated.
(4) Such recommendations as the Secretary of Defense considers
appropriate on how to improve the services available for reserve
members under the sexual assault prevention and response program
and their access to the services.
(c) Copy of Record of Court-martial to Victim of Sexual Assault.--
The Secretary of Defense shall evaluate the feasibility of requiring
that a copy of the prepared record of the proceedings of a general or
special court-martial involving a sexual assault be given to the victim
in cases in which the victim testified during the proceedings.
(d) Access to Legal Assistance.--The Secretary of Defense shall
evaluate the feasibility of authorizing members of the Armed Forces who
are victims of a sexual assault and dependents of members who are
victims of a sexual assault to receive legal assistance provided by a
military legal assistance counsel certified as competent to provide
legal assistance related to responding to sexual assault.
(e) Use of Forensic Medical Examiners.--The Secretary of Defense
shall evaluate the feasibility of utilizing, when sexual assaults
involving members of the Armed Forces occur in a military environment
where civilian resources are limited or unavailable, forensic medical
examiners who are specially trained regarding the collection and
preservation of evidence in cases involving sexual assault.
(f) Submission of Results.--The Secretary of Defense shall submit
the results of the evaluations required by this section to the
Committees on Armed Services of the Senate and House of
Representatives.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2011''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX of this division for military construction
projects, land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor)
shall expire on the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2014.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2014 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. FUNDING TABLES.
(a) In General.--The amounts authorized to be appropriated by
sections 2104, 2204, 2304, 2403, 2411, 2502, 2606, 2701, and 2703 shall
be available in the amounts specified in the funding table in section
3001.
(b) Overseas Contingency Operations.--The amounts authorized to be
appropriated by sections 2901, 2902, and 2903 shall be available in the
amounts specified in the funding table in section 3002.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in
conjunction with funds provided by the Commonwealth of
Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.
SECTION 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Fort Rucker................................... $69,650,000
Alaska......................................... Fort Greely................................... $26,000,000
Fort Richardson............................... $113,238,000
Fort Wainwright............................... $173,000,000
California..................................... Presidio Monterey............................. $140,000,000
Colorado....................................... Fort Carson................................... $106,350,000
Florida........................................ Eglin Air Force Base.......................... $6,900,000
Miami-Dade County............................. $41,000,000
Georgia........................................ Fort Benning.................................. $145,400,000
Fort Gordon................................... $4,150,000
Fort Stewart.................................. $125,250,000
Hawaii......................................... Fort Shafter.................................. $81,000,000
Schofield Barracks............................ $212,000,000
Tripler Army Medical Center................... $28,000,000
Kansas......................................... Fort Leavenworth.............................. $7,100,000
Fort Riley.................................... $57,100,000
Kentucky....................................... Fort Campbell................................. $143,900,000
Fort Knox..................................... $18,800,000
Louisiana...................................... Fort Polk..................................... $63,250,000
Maryland....................................... Aberdeen Proving Ground....................... $14,600,000
Fort Meade.................................... $32,600,000
Missouri....................................... Fort Leonard Wood............................. $111,700,000
New Mexico..................................... White Sands................................... $29,000,000
New York....................................... Fort Drum..................................... $228,800,000
U.S. Military Academy......................... $132,324,000
North Carolina................................. Fort Bragg.................................... $310,900,000
Oklahoma....................................... Fort Sill..................................... $13,800,000
McAlester Army Ammunition Plant............... $3,000,000
South Carolina................................. Fort Jackson.................................. $91,000,000
Texas.......................................... Fort Bliss.................................... $149,950,000
Fort Hood..................................... $145,050,000
Fort Sam Houston.............................. $22,200,000
Virginia....................................... Fort A.P. Hill................................ $93,600,000
Fort Eustis................................... $18,000,000
Fort Lee...................................... $18,400,000
Washington..................................... Fort Lewis.................................... $171,800,000
Yakima Firing Range........................... $3,750,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram........................................ $101,500,000
Germany........................................ Ansbach....................................... $31,800,000
Grafenwoehr................................... $75,500,000
Rhine Ordnance Barracks....................... $35,000,000
Sembach Air Base.............................. $9,100,000
Wiesbaden Air Base............................ $126,500,000
Honduras....................................... Soto Cano Air Base............................ $20,400,000
Korea.......................................... Camp Walker................................... $19,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2104(5)(A),
the Secretary of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................. Fort Wainwright............ 110....................... $21,000,000
Germany................................ Baumholder................. 64........................ $34,329,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,040,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $35,000,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction, land
acquisition, and military family housing functions of the Department of
the Army in the total amount of $4,565,507,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $3,152,562,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $419,300,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and engineering
services and construction design under section 2807 of title 10,
United States Code, $249,636,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$92,369,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), $518,140,000.
(6) For the construction of increment 4 of a brigade complex
operations support facility at Vicenza, Italy, authorized by
section 2101(b) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 505),
$25,000,000.
(7) For the construction of increment 4 of a brigade complex
barracks and community support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 505), $26,000,000.
(8) For the construction of increment 2 of the Command and
Battle Center at Wiesbaden, Germany, authorized by section 2101(b)
of the Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4662), $59,500,000.
SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION FUNDS IN
CONJUNCTION WITH FUNDS PROVIDED BY THE COMMONWEALTH OF VIRGINIA TO
CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECT.
(a) Fire Station at Fort Belvoir, Virginia.--Section 2836(d) of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1314), as amended by section 2846 of
the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3527) and section 2849 of
the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2486), is further
amended--
(1) in paragraph (2), by inserting ``through a project for
construction of an Army standard-design, two-company fire station
at Fort Belvoir, Virginia,'' after ``Building 191''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may use up to $3,900,000 of available,
unobligated Army military construction funds appropriated for a fiscal
year before fiscal year 2011, in conjunction with the funds provided
under paragraph (1), for the project described in paragraph (2).''.
(b) Congressional Notification.--The Secretary of the Army shall
provide information, in accordance with section 2851(c) of title 10,
United States Code, regarding the project described in the amendment
made by subsection (a). If it becomes necessary to exceed the estimated
project cost of $8,780,000, including $4,880,000 contributed by the
Commonwealth of Virginia, the Secretary shall utilize the authority
provided by section 2853 of such title regarding authorized cost and
scope of work variations.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.
The table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4661) is amended by striking ``Katterbach'' and
inserting ``Grafenwoehr''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2628) for Fort Riley,
Kansas, for construction of a Brigade Complex at the installation, the
Secretary of the Army may construct up to a 40,100 square-feet brigade
headquarters consistent with the Army's construction guidelines for
brigade headquarters.
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2011, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia.............................. Fort Stewart Unit Operations $16,000,000
Facilities..............
Hawaii............................... Schofield Barracks Tactical Vehicle Wash $10,200,000
Facility................
............................. Barracks Complex-Wheeler $51,000,000
205.....................
Louisiana............................ Fort Polk Brigade Headquarters..... $9,800,000
............................. Child Care Facility...... $6,100,000
Missouri............................. Fort Leonard Wood Multipurpose Machine Gun $4,150,000
Range...................
Oklahoma............................. Fort Sill Multipurpose Machine Gun $3,300,000
Range...................
Washington........................... Fort Lewis Alternative Fuel Facility $3,300,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008
project.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Mobile........................................ $29,082,000
Arizona........................................ Marine Corps Air Station, Yuma................ $285,060,000
California..................................... Marine Corps Base, Camp Pendleton............. $362,124,000
Naval Base, Coronado.......................... $67,160,000
Marine Corps Air Station, Miramar............. $190,610,000
San Diego..................................... $193,706,000
Marine Corps Base, Twentynine Palms........... $53,158,000
Florida........................................ Blount Island Command........................ $74,620,000
Georgia........................................ Naval Submarine Base, Kings Bay............... $60,664,000
Hawaii......................................... Marine Corps Base, Camp Smith................. $29,960,000
Marine Corps Base, Kaneohe Bay................ $109,660,000
Naval Station, Pearl Harbor................... $108,468,000
Maryland....................................... Naval Support Facility, Indian Head........... $34,328,000
Naval Air Station, Patuxent River............. $42,211,000
North Carolina................................. Marine Corps Base, Camp Lejeune............... $789,393,000
Marine Corps Air Station, Cherry Point........ $65,510,000
Rhode Island................................... Naval Station, Newport........................ $27,007,000
South Carolina................................. Marine Corps Air Station, Beaufort............ $129,410,000
Virginia....................................... Naval Station, Norfolk........................ $12,435,000
Marine Corps Base, Quantico................... $143,632,000
Washington..................................... Bangor........................................ $56,893,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... Southwest Asia................................ $213,153,000
Djibouti........................................ Camp Lemonier................................. $11,148,000
Guam............................................ Naval Activities, Guam........................ $66,730,000
Japan........................................... Atsugi Naval Air Facility..................... $6,908,000
Spain........................................... Naval Station, Rota........................... $23,190,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(5)(A),
the Secretary of the Navy may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Cuba.................................... Guantanamo Bay................. 71 $37,169,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $3,255,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $146,020,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $4,068,963,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $2,865,001,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $321,129,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,877,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$120,050,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$186,444,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $366,346,000.
(6) For the construction of increment 7 of a limited area
production and storage complex at Bangor, Washington, authorized by
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2106), $19,116,000.
(7) For the construction of increment 2 of a ship repair pier
replacement at Norfolk Naval Shipyard, Virginia, authorized by
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2633),
$100,000,000.
(8) For the construction of increment 2 of a wharves
improvement at Apra Harbor, Guam, authorized by section 2201(b) of
the Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2633), $40,000,000.
(9) For the construction of increment 2 of a tertiary water
treatment plant at Marine Corps Base Camp Pendleton, California,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law
111-84; 123 Stat. 2632), $30,000,000.
SEC. 2205. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT FISCAL YEAR
2010 PROJECT.
Section 2204 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2634) is
amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(14) For the construction of the first increment of a
tertiary water treatment plant at Marine Corps Base, Camp
Pendleton, California, authorized by section 2201(a),
$112,330,000.''; and
(2) in subsection (b), by adding at the end the following new
paragraph:
``(7) $30,000,000 (the balance of the amount authorized under
section 2201(a) for North Region Tertiary Treatment Plant, Camp
Pendleton, California).''.
SEC. 2206. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act
(122 Stat. 511), shall remain in effect until October 1, 2011, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide.............................. Unspecified.............. Host Nation Infrastructure. $2,700,000
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama..................... Maxwell Air Force Base $13,400,000
Alaska...................... Eielson Air Force Base. $28,000,000
Elmendorf Air Force $30,274,000
Base.
Arizona..................... Davis-Monthan Air Force $48,500,000
Base.
Luke Air Force Base.... $64,410,000
Colorado.................... Buckley Air Force Base. $12,160,000
Peterson Air Force Base $24,800,000
U.S. Air Force Academy. $27,600,000
Delaware.................... Dover Air Force Base... $3,200,000
District of Columbia........ Bolling Air Force Base. $13,200,000
Florida..................... Eglin Air Force Base... $11,400,000
Hurlburt Field......... $34,670,000
Patrick Air Force Base. $158,009,000
Louisiana................... Barksdale Air Force $18,140,000
Base.
Nevada...................... Creech Air Force Base.. $11,710,000
Nellis Air Force Base.. $51,640,000
New Jersey.................. McGuire Air Force Base. $26,440,000
New Mexico.................. Cannon Air Force Base.. $34,000,000
Holloman Air Force Base $37,970,000
Kirtland Air Force Base $24,402,000
New York.................... Fort Drum.............. $20,440,000
North Dakota................ Minot Air Force Base... $18,770,000
Oklahoma.................... Tinker Air Force Base.. $14,000,000
South Carolina.............. Charleston Air Force $15,000,000
Base.
Texas....................... Dyess Air Force Base... $4,080,000
Lackland Air Force $127,280,000
Base.
Utah........................ Hill Air Force Base.... $14,900,000
Virginia.................... Langley Air Force Base. $8,800,000
Wyoming..................... Camp Guernsey.......... $4,650,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan..................... Bagram............... $42,960,000
Bahrain......................... SW Asia.............. $45,000,000
Germany......................... Kapaun............... $19,600,000
Ramstein Air Base.... $22,354,000
Vilseck.............. $12,900,000
Guam............................ Andersen Air Force $50,300,000
Base.
Italy........................... Aviano Air Base...... $29,200,000
Korea........................... Kunsan Air Base...... $7,500,000
Qutar........................... Al Udeid............. $62,300,000
United Kingdom.................. RAF Mildenhall....... $15,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force
may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,225,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $73,800,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $1,885,112,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $901,845,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $307,114,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$18,000,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$66,336,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$78,025,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $513,792,000.
SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2007
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), authorization set forth in the
table in subsection (b), as provided in section 2302 of that Act (120
Stat. 2455) and extended by section 2306 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law 111-
84; 123 Stat. 2638), shall remain in effect until October 1, 2011, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base.................... units).....................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2010 projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following tables:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Arizona..................... Yuma Proving Ground.... $8,977,000
California.................. Point Magu Naval Base.. $3,100,000
Colorado.................... Fort Carson............ $3,717,000
District of Columbia........ Bolling Air Force Base. $3,000,000
Florida..................... Eglin Air Force Base... $6,030,000
Georgia..................... Augusta................ $12,855,000
Fort Benning........... $26,865,000
Fort Stewart........... $35,100,000
Hunter Air National $2,400,000
Guard Station.........
Hunter Army Airfield... $3,318,000
Hawaii...................... Hickam Air Force Base.. $8,500,000
Pearl Harbor........... $28,804,000
Idaho....................... Mountain Home Air Force $27,500,000
Base..................
Illinois.................... Scott Air Force Base... $1,388,000
Kentucky.................... Fort Campbell.......... $38,095,000
Maryland.................... Andrews Air Force Base. $14,000,000
Bethesda Naval Hospital $80,000,000
Fort Detrick........... $45,700,000
Fort Meade............. $219,360,000
Massachusetts............... Hanscom Air Force Base. $2,900,000
New Mexico.................. Cannon Air Force Base.. $116,225,000
White Sands Missile $22,900,000
Range.
New York.................... United States Military $27,960,000
Academy...............
North Carolina.............. Camp Lejeune........... $16,646,000
Fort Bragg............. $168,693,000
Ohio........................ Defense Supply Center, $7,400,000
Columbus..............
Pennsylvania................ Defense Distribution $96,000,000
Depot New Cumberland..
Texas....................... Lackland Air Force Base $162,500,000
Virginia.................... Craney Island.......... $58,000,000
Fort Belvoir........... $6,300,000
Pentagon Reservation... $63,324,000
Marine Corps Base, $47,355,000
Quantico.
Washington.................. Fort Lewis............. $8,400,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Belgium......................... Brussels............. $99,174,000
Germany......................... Katterbach........... $37,100,000
Panzer Kaserne....... $48,968,000
Vilseck.............. $34,800,000
Japan........................... Kadena Air Base...... $3,000,000
Misawa Air Base...... $31,000,000
Korea........................... Camp Carroll......... $19,500,000
Puerto Rico..................... Fort Buchanan........ $58,708,000
Qatar........................... Al Udeid............. $1,961,000
United Kingdom.................. Menwith Hill Station. $2,000,000
Royal Air Force $30,308,000
Alconbury.
Royal Air Force $15,900,000
Mildenhall.
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
(a) Projects Authorized.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2403(6), the Secretary
of Defense may carry out energy conservation projects under chapter 173
of title 10, United States Code, in the amount of $120,000,000.
(b) Availability of Funds for Reserve Component Projects.--Of the
amount authorized to be appropriated by section 2403(6) for energy
conservation projects, the Secretary of Defense shall reserve a portion
of the amount for energy conservation projects for the reserve
components in an amount that is not less than an amount that bears the
same proportion to the total amount authorized to be appropriated as
the total quantity of energy consumed by reserve facilities (as defined
in section 18232(2) of title 10, United States Code) during fiscal year
2010 bears to the total quantity of energy consumed by all military
installations (as defined in section 2687(e)(1) of such title) during
that fiscal year, as determined by the Secretary.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) in the total amount of
$3,116,137,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $1,373,312,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $382,419,000.
(3) For unspecified minor military construction projects under
section 2805 of title 10, United States Code, $42,856,000.
(4) For contingency construction projects of the Secretary of
Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$431,617,000.
(6) For energy conservation projects under chapter 173 of title
10, United States Code, $120,000,000.
(7) For military family housing functions:
(A) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $50,464,000.
(B) For credits to the Department of Defense Family Housing
Improvement Fund under section 2883 of title 10, United States
Code, and the Homeowners Assistance Fund established under
section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374), $17,611,000.
(8) For the construction of increment 5 of the Army Medical
Research Institute of Infectious Diseases Stage I at Fort Detrick,
Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2457), $17,400,000.
(9) For the construction of increment 3 of replacement fuel
storage facilities at Point Loma Annex, California, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 521),
as amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law
111-84; 123 Stat. 2646), $20,000,000.
(10) For the construction of increment 3 of the United States
Army Medical Research Institute of Chemical Defense replacement
facility at Aberdeen Proving Ground, Maryland, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4689), $105,000,000.
(11) For the construction of increment 3 of a National Security
Agency data center at Camp Williams, Utah, authorized as a Military
Construction, Defense-Wide project by the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1888),
$398,358,000.
(12) For the construction of increment 2 of the hospital at
Fort Bliss, Texas, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2642), $147,100,000.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECTS.
(a) Authorization of Project for Which Funds Have Been
Appropriated.--
(1) Authorization.--The table relating to the Missile Defense
Agency in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law
111-84; 123 Stat. 2641) is amended by adding at the end the
following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Worldwide Unspecified....... Range Facility............... $68,500,000
------------------------------------------------------------------------
(2) Authorization of appropriations.--Section 2404(a)(1) of
that Act (123 Stat. 2644) is amended by striking ``$1,048,783,000''
and inserting ``$1,117,283,000''.
(3) Project description.--In the case of the authorization
contained in the amendment made by paragraph (1), the authorized
project relates to an Aegis ashore test facility for which funds
were made available by title I of the Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2010
(division E of Public Law 111-117; 123 Stat. 3286) under the
heading ``Military Construction, Defense-Wide''.
(b) Purpose of Fort Bragg Project.--In the case of the
authorization contained in the table relating to the TRICARE Management
Activity in section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat.
2642) for Fort Bragg, North Carolina, for construction of a Health
Clinic at the installation, the Secretary of Defense may construct a
Behavioral Health clinic that predominantly provides behavioral health
specialty care.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction and land
acquisition for chemical demilitarization in the total amount of
$124,971,000, as follows:
(1) For the construction of phase 12 of a chemical munitions
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), section 2407 of
the Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), and section
2413 of the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4697),
$65,569,000.
(2) For the construction of phase 11 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4697), and section
2412 of this Act, $59,402,000.
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is amended--
(1) in the item relating to Blue Grass Army Depot, Kentucky, by
striking ``$492,000,000'' in the amount column and inserting
``$746,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,203,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is further amended by striking
``$469,200,000'' and inserting ``$723,200,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $258,884,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Florence...................................... $16,500,000
Arkansas....................................... Camp Robinson................................. $30,000,000
Fort Chaffee.................................. $21,500,000
California..................................... Camp Roberts.................................. $19,000,000
Colorado....................................... Colorado Springs.............................. $20,000,000
Fort Carson................................... $40,000,000
Gypsum........................................ $39,000,000
Windsor....................................... $7,500,000
Connecticut.................................... Windsor Locks................................. $41,000,000
Delaware....................................... New Castle.................................... $27,000,000
Georgia........................................ Cumming....................................... $17,000,000
Dobbins Air Reserve Base...................... $10,400,000
Hawaii......................................... Kalaeloa...................................... $38,000,000
Idaho.......................................... Gowen Field................................... $17,500,000
Mountain Home................................. $6,300,000
Illinois....................................... Springfield................................... $15,000,000
Kansas......................................... Wichita....................................... $67,000,000
Kentucky....................................... Burlington.................................... $19,500,000
Louisiana...................................... Fort Polk..................................... $5,500,000
Minden........................................ $28,000,000
Maryland....................................... St. Inigoes................................... $5,500,000
Massachusetts.................................. Hanscom Air Force Base........................ $23,000,000
Michigan....................................... Camp Grayling Range........................... $19,000,000
Minnesota...................................... Arden Hills................................... $29,000,000
Camp Ripley................................... $8,750,000
Nebraska....................................... Lincoln....................................... $3,300,000
Mead.......................................... $11,400,000
New Hampshire.................................. Pembroke...................................... $36,000,000
New Mexico..................................... Farmington.................................... $8,500,000
North Carolina................................. High Point.................................... $1,551,000
North Dakota................................... Camp Grafton.................................. $11,200,000
Rhode Island................................... East Greenwich................................ $27,000,000
South Dakota................................... Watertown..................................... $25,000,000
Texas.......................................... Camp Maxey.................................... $2,500,000
Camp Swift.................................... $2,600,000
Washington..................................... Tacoma........................................ $25,000,000
West Virginia.................................. Moorefield.................................... $14,200,000
Morgantown.................................... $21,000,000
Wisconsin...................................... Madison....................................... $5,700,000
Wyoming........................................ Laramie....................................... $14,400,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam............................................ Barrigada.................................... $19,000,000
Virgin Islands.................................. St. Croix.................................... $25,000,000
Puerto Rico..................................... Camp Santiago................................ $12,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Fairfield.................................... $26,000,000
Fort Hunter Liggett.......................... $52,000,000
Florida......................................... North Fort Myers............................. $13,800,000
Orlando...................................... $10,200,000
Tallahasee................................... $10,400,000
Georgia......................................... Macon........................................ $11,400,000
Illinois........................................ Quincy....................................... $12,200,000
Indiana......................................... Michigan City................................ $15,500,000
Iowa............................................ Des Moines................................... $8,175,000
Massachusetts................................... Devens Reserve Forces Training Area.......... $4,700,000
Missouri........................................ Belton....................................... $11,800,000
New Mexico...................................... Las Cruces................................... $11,400,000
New York........................................ Binghamton................................... $13,400,000
Texas........................................... Denton....................................... $12,600,000
Rio Grande................................... $6,100,000
San Marcos................................... $8,500,000
Virginia........................................ Fort A.P. Hill............................... $15,500,000
Fort Story................................... $11,000,000
Roanoke...................................... $14,800,000
Wisconsin....................................... Fort McCoy................................... $19,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Marine Corps Base, Twentynine Palms.......... $5,991,000
Louisiana....................................... New Orleans.................................. $16,281,000
Virginia........................................ Williamsburg................................. $21,346,000
Washington...................................... Yakima....................................... $13,844,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Montgomery Regional Airport (ANG)............ $7,472,000
Arizona......................................... Davis Monthan Air Force Base................. $4,650,000
Fort Huachuca................................ $11,000,000
Delaware........................................ New Castle County Airport.................... $1,500,000
Florida......................................... Jacksonville International Airport........... $6,700,000
Georgia......................................... Savannah/Hilton Head International Airport... $7,450,000
Hawaii.......................................... Hickam Air Force Base........................ $71,450,000
Illinois........................................ Capital Municipal Airport.................... $16,700,000
Indiana......................................... Hulman Regional Airport...................... $4,100,000
Maryland........................................ Martin State Airport......................... $11,400,000
New York........................................ Fort Drum.................................... $2,500,000
Stewart International Airport................ $14,250,000
North Carolina.................................. Stanly County Airport........................ $2,000,000
Pennsylvania.................................... State College Air National Guard Station..... $4,100,000
Tennessee....................................... Nashville International Airport.............. $5,500,000
Texas........................................... Ellington Field.............................. $7,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(5), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve location inside the United States, and in the
amount, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida......................................... Patrick Air Force Base....................... $3,420,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National Guard
of the United States, $873,664,000.
(2) For the Department of the Army, for the Army Reserve,
$318,175,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $61,557,000.
(4) For the Department of the Air Force, for the Air National
Guard of the United States, $194,986,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $7,832,000.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
tables in subsection (b), as provided in section 2601 and 2604 of that
Act, shall remain in effect until October 1, 2011, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2012, whichever is later.
(b) Table.--The tables referred to in subsection (a) are as
follows:
Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania........................... East Fallowfield Township. Readiness Center (SBCT)....... $ 8,300,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Vermont................................ Burlington................ Base Security Improvements.... $ 6,600,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $360,474,000, as follows:
(1) For the Department of the Army, $73,600,000.
(2) For the Department of the Navy, $162,000,000.
(3) For the Department of the Air Force, $124,874,000.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base realignment and closure activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $2,354,285,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $2,354,285,000.
SEC. 2704. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER FORT BELVOIR,
VIRGINIA, BRAC INITIATIVE.
(a) Submission of Transportation Plan.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of the Army
shall submit to the congressional defense committees a transportation
plan for the BRAC 133 project.
(b) Transportation Plan Conditions.--The transportation plan for
the BRAC 133 project must address ingress and egress of all personnel
to and from the BRAC 133 project site. The transportation plan shall
also assess the costs and programming of short-, medium-, and long-term
projects, and the use of other methods of transportation, that are
necessary to maintain existing level of service, and the proposed
funding source to obtain such levels of service, at the following six
intersections
(1) The intersection of Beauregard Street and Mark Center
Drive.
(2) The intersection of Beauregard Street and Seminary Road.
(3) The intersection of Seminary Road and Mark Center Drive.
(4) The intersection of Seminary Road and the northbound
entrance-ramp to I-395.
(5) The intersection of Seminary Road and the northbound exit-
ramp from I-395.
(6) The intersection of Seminary Road and the southbound exit-
ramp from I-395.
(c) Inspector General Report.--Not later than September 15, 2011,
the Inspector General of the Department of Defense shall submit to the
congressional defense committees a report evaluating the sufficiency
and coordination conducted in completing the requisite environmental
studies associated with the site selection of the BRAC 133 project
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). The Inspector General shall give specific attention to
the transportation determinations associated with the BRAC 133 project
and review and provide comment on the transportation plan for the BRAC
133 project and the plan's adherence to the conditions imposed by
subsection (b).
(d) Definitions.--In this section:
(1) The term ``BRAC 133 project'' refers to the proposed office
complex to be developed at an established mixed-use business park
in Alexandria, Virginia, to implement recommendation 133 of the
Defense Base Closure and Realignment Commission contained in the
report of the Commission transmitted to Congress on September 15,
2005, under section 2903(e) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note).
(2) The term ``level of service'' has the meaning given that
term in the most-recent Highway Capacity Manual of the
Transportation Research Board.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for
construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military
construction and real property reports when submitted in
electronic media.
Sec. 2804. Authority to use operation and maintenance funds for
construction projects inside the United States Central Command
area of responsibility.
Sec. 2805. Sense of Congress and report regarding employment of veterans
to work on military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special
operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Extension of term of Deputy Secretary of Defense's leadership
of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam
realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.
Subtitle D--Energy Security
Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier,
Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.
Subtitle F--Other Matters
Sec. 2851. Limitation on availability of funds pending report regarding
construction of a new outlying landing field in North Carolina
and Virginia.
Sec. 2852. Requirements related to providing world class military
medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and
modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska
Railroad corridor across Federal land in Alaska.
Sec. 2856. Sense of Congress on improving military housing for members
of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing
on military installations.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION INFORMATION ON
INTERNET.
(a) Modification of Information Required to Be Provided.--Paragraph
(2) of subsection (c) of section 2851 of title 10, United States Code,
is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as subparagraphs
(F) and (G), respectively.
(b) Expanded Availability of Information.--Such subsection is
further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(c) Conforming Amendments.--Such subsection is further amended--
(1) in paragraph (1), by striking ``that, when activated by a
person authorized under paragraph (3), will permit the person'' and
inserting ``that will permit a person''; and
(2) in paragraph (3), as redesignated by subsection (b)(2)--
(A) by striking ``to the persons referred to in paragraph
(3)'' and inserting ``on the Internet site required by such
paragraph''; and
(B) by striking ``to such persons''.
SEC. 2802. USE OF PENTAGON RESERVATION MAINTENANCE REVOLVING FUND FOR
CONSTRUCTION OR ALTERATION AT PENTAGON RESERVATION.
Section 2674(e) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``Monies'' and inserting
``Subject to paragraphs (3) and (4), monies''; and
(2) by adding at the end the following new paragraphs:
``(3) If the cost of a construction or alteration activity proposed
to be financed in whole or in part using monies from the Fund will
exceed the limitation specified in section 2805 of this title for a
comparable unspecified minor military construction project, the
activity shall be subject to authorization as provided by section 2802
of this title before monies from the Fund are obligated for the
activity.
``(4) The authority of the Secretary to use monies from the Fund to
support construction or alteration activities at the Pentagon
Reservation expires on September 30, 2012.''.
SEC. 2803. REDUCED REPORTING TIME LIMITS FOR CERTAIN MILITARY
CONSTRUCTION AND REAL PROPERTY REPORTS WHEN SUBMITTED IN ELECTRONIC
MEDIA.
(a) Conveyance of Property for Natural Resource Conservation.--
Section 2694a(e) of title 10 United States Code, is amended by
inserting before the period at the end the following: ``or, if earlier,
a period of 14 days has elapsed from the date on which a copy of the
notification is provided in an electronic medium pursuant to section
480 of this title''.
(b) NATO Security Investment Contributions.--Section 2806(c)(2)(B)
of such title is amended by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has elapsed from the
date on which a copy of the report is provided in an electronic medium
pursuant to section 480 of this title''.
(c) Ford Island Development.--Section 2814(g)(2) of such title is
amended by inserting before the period at the end the following: ``or,
if earlier, a period of 20 days has elapsed from the date on which a
copy of the notification is provided in an electronic medium pursuant
to section 480 of this title''.
(d) Leasing of Military Family Housing.--Section 2828(f)(2) of such
title is amended by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has elapsed from the
date on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title''.
(e) Leasing of Military Family Housing to Be Constructed.--Section
2835(g)(2) of such title is amended--
(1) by striking ``calendar''; and
(2) by inserting before the period at the end the following:
``or, if earlier, a period of 14 days has elapsed from the date on
which a copy of the analysis is provided in an electronic medium
pursuant to section 480 of this title''.
(f) Acquisition or Construction of Military Unaccompanied
Housing.--Section 2881a(e)(2) of such title is amended by inserting
before the period at the end the following: ``or, if earlier, a period
of 20 days has elapsed from the date on which a copy of the report is
provided in an electronic medium pursuant to section 480 of this
title''.
(g) Use of Military Construction Alternative Authority.--Section
2884(a)(4) of such title is amended by inserting before the period at
the end the following: ``or, if earlier, a period of 20 days has
elapsed from the date on which a copy of the report is provided in an
electronic medium pursuant to section 480 of this title''.
SEC. 2804. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL COMMAND AREA OF
RESPONSIBILITY.
(a) Inclusion of Area Formerly Within United States Central Command
Area of Responsibility.--Subsection (a) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as amended by subsections (a) and
(b) of section 2806 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2662), is
amended by striking ``United States Central Command area of
responsibility'' and inserting ``area of responsibility of the United
States Central Command or the area of responsibility and area of
interest of Combined Task Force-Horn of Africa''.
(b) Annual Limitation on Use of Authority in Afghanistan.--
Subsection (c)(2) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723), as amended by section 2806(c) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2663), is amended--
(1) by striking ``$300,000,000 in funds available for operation
and maintenance for fiscal year 2010 may be used in Afghanistan
upon completing the prenotification requirements under subsection
(b)'' and inserting ``$100,000,000 in funds available for operation
and maintenance for fiscal year 2011 may be used in Afghanistan
subject to the notification requirements under subsection (b)'';
and
(2) by striking ``$500,000,000'' and inserting
``$300,000,000''.
(c) One-year Extension of Authority.--Subsection (h) of section
2808 of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as added by
section 2806(a) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2662), is
amended--
(1) in paragraph (1), by striking ``September 30, 2010'' and
inserting ``September 30, 2011''; and
(2) in paragraph (2), by striking ``fiscal year 2011'' and
inserting ``fiscal year 2012''.
(d) Definition.--Section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723) is amended by adding at the end the following new
subsection:
``(i) Definitions.--In this section:
``(1) The term `area of responsibility', with respect to the
Combined Task Force-Horn of Africa, is Kenya, Somalia, Ethiopia,
Sudan, Eritrea, Djibouti, and Seychelles.
``(2) The term `area of interest', with respect to the Combined
Task Force-Horn of Africa, is Yemen, Tanzania, Mauritius,
Madagascar, Mozambique, Burundi, Rwanda, Comoros, Chad, the
Democratic Republic of Congo, and Uganda.''.
SEC. 2805. SENSE OF CONGRESS AND REPORT REGARDING EMPLOYMENT OF
VETERANS TO WORK ON MILITARY CONSTRUCTION PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should establish a Veterans to Work program to
provide an opportunity for apprentices, who are also veterans, to work
on military construction projects.
(b) Report.--
(1) Report required.--Not later than 180 days after enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes at a
minimum the following:
(A) An assessment of the number of unemployed apprentices,
who are also veterans, with data presented by appropriate age
groupings.
(B) An evaluation of benefits to be derived from
establishing a program to employ apprentices, who are also
veterans, in military construction projects, including the
impacts of the program on the following:
(i) Workforce sustainability.
(ii) Workforce skills enhancement.
(iii) Short- and long-term cost-effectiveness.
(iv) Improved veteran employment in sustainable wage
fields.
(C) Any challenges, difficulties, or problems projected in
recruiting apprentices, who are also veterans.
(2) Consultation.--The Secretary of Defense shall prepare the
report in consultation with the Secretary of Labor and the
Secretary of Veterans Affairs.
(c) Definitions.--In this section:
(1) The term ``apprentice'' means an individual who is employed
pursuant to, and individually registered in, a qualified
apprenticeship program.
(2) The term ``qualified apprenticeship program'' means an
apprenticeship or other training program that qualifies as an
employee welfare benefit plan, as defined in section 3(1) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(1)).
(3) The term ``veteran'' has the meaning given such term in
section 101(2) of title 38, United States Code.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL PROPERTY
TRANSACTIONS.
(a) Exception for Leases Under Base Closure Process.--Subsection
(a)(1)(C) of section 2662 of title 10, United States Code, is amended
by inserting after ``United States'' the following: ``(other than a
lease or license entered into under section 2667(g) of this title)''.
(b) Repeal of Annual Report on Minor Real Estate Transactions.--
Subsection (b) of such section is repealed.
(c) Geographic Scope of Requirements.--Subsection (c) of such
section is amended--
(1) by striking ``Geographic Scope; Excepted'' and inserting
``Excepted'';
(2) by striking the first sentence; and
(3) by striking ``It does not'' and inserting ``This section
does not''.
(d) Repeal of Notice and Wait Requirement Regarding GSA Leases of
Space for DOD.--Subsection (e) of such section is repealed.
(e) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--Such section is further amended
by inserting after subsection (a) the following new subsection:
``(b) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--(1) In the case of a proposed
lease or license of real property owned by the United States covered by
paragraph (1)(C) of subsection (a), the Secretary concerned shall
comply with the notice-and-wait requirements of paragraph (3) of such
subsection before--
``(A) issuing a contract solicitation or other lease offering
with regard to the transaction; and
``(B) providing public notice regarding any meeting to discuss
a proposed contract solicitation with regard to the transaction.
``(2) The report under paragraph (3) of subsection (a) shall
include the following with regard to a proposed transaction covered by
paragraph (1)(C) of such subsection:
``(A) A description of the proposed transaction, including the
proposed duration of the lease or license.
``(B) A description of the authorities to be used in entering
into the transaction.
``(C) A statement of the scored cost of the entire transaction,
determined using the scoring criteria of the Office of Management
and Budget.
``(D) A determination that the property involved in the
transaction is not excess property, as required by section
2667(a)(3) of this title, including the basis for the
determination.
``(E) A determination that the proposed transaction is directly
compatible with the mission of the military installation or Defense
Agency at which the property is located and a description of the
anticipated long-term use of the property at the conclusion of the
lease or license.
``(F) A description of the requirements or conditions within
the contract solicitation or other lease offering for the person
making the offer to address taxation issues, including payments-in-
lieu-of taxes, and other development issues related to local
municipalities.
``(G) If the proposed lease involves a project related to
energy production, a certification by the Secretary of Defense that
the project, as it will be specified in the contract solicitation
or other lease offering, is consistent with the Department of
Defense performance goals and plan required by section 2911 of this
title.
``(3) The Secretary concerned may not enter into the actual lease
or license with respect to property for which the information required
by paragraph (2) was submitted in a report under subsection (a)(3)
unless the Secretary again complies with the notice-and-wait
requirements of such subsection. The subsequent report shall include
the following with regard to the proposed transaction:
``(A) A cross reference to the prior report that contained the
information submitted under paragraph (2) with respect to the
transaction.
``(B) A description of the differences between the information
submitted under paragraph (2) and the information regarding the
transaction being submitted in the subsequent report.
``(C) A description of the payment to be required in connection
with the lease or license, including a description of any in-kind
consideration that will be accepted.
``(D) A description of any community support facility or
provision of community support services under the lease or license,
regardless of whether the facility will be operated by a covered
entity (as defined in section 2667(d) of this title) or the lessee
or the services will be provided by a covered entity or the lessee.
``(E) A description of the competitive procedures used to
select the lessee or, in the case of a lease involving the public
benefit exception authorized by section 2667(h)(2) of this title, a
description of the public benefit to be served by the lease.''.
(f) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the Secretary submits''
in the matter preceding subparagraph (A) and inserting ``the
Secretary concerned submits''; and
(B) in paragraph (3), by striking ``the Secretary of a
military department or the Secretary of Defense'' and inserting
``the Secretary concerned'';
(2) by redesignating subsections (f) and (g) as subsections (e)
and (f), respectively;
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``, and the reporting
requirement set forth in subsection (e) shall not apply with
respect to a real property transaction otherwise covered by
that subsection,'';
(B) in paragraph (3), by striking ``or (e), as the case may
be''; and
(C) by striking paragraph (4); and
(4) by adding at the end the following new subsection:
``(g) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' includes, with respect to Defense Agencies, the
Secretary of Defense.''.
(g) Conforming Amendments to Lease of Non-excess Property
Authority.--Section 2667 of such title is amended--
(1) in subsection (c), by striking paragraph (4);
(2) in subsection (d), by striking paragraph (6);
(3) in subsection (e)(1), by striking subparagraph (E); and
(4) in subsection (h)--
(A) by striking paragraphs (3) and (5); and
(B) by redesignating paragraph (4) as paragraph (3).
SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM LEASES OF NON-EXCESS
PROPERTY INVOLVING MILITARY MUSEUMS.
Section 2667(e)(1) of title 10, United States Code, as amended by
section 2811(g), is amended by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) If the proceeds deposited in the special account established
for the Secretary concerned are derived from activities associated with
a military museum described in section 489(a) of this title, the
proceeds shall be available for activities described in subparagraph
(C) only at that museum.''.
SEC. 2813. LIMITATION ON ENHANCED USE LEASES OF NON-EXCESS PROPERTY.
(a) In General.--Section 2667(b)(7) of title 10, United States
Code, is amended by striking the period at the end and inserting ``, or
otherwise commit the Secretary concerned or the Department of Defense
to annual payments in excess of such amount.''.
(b) Armed Forces Retirement Home.--Section 1511(i)(2) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)(2)) is amended--
(1) in subparagraph (D), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) may not provide for a leaseback by the Retirement Home
with an annual payment in excess of $100,000, or otherwise commit
the Retirement Home or the Department of Defense to annual payments
in excess of such amount.''.
SEC. 2814. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR SPECIAL
OPERATIONS ACTIVITIES.
(a) Repeal.--Section 2680 of title 10, United States Code, is
repealed.
(b) Effect of Repeal.--The amendment made by subsection (a) shall
not affect the validity of any contract entered into under section 2680
of title 10, United States Code, on or before September 30, 2005.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of such title is amended by striking the item relating to
section 2680.
SEC. 2815. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, PUERTO RICO.
(a) Study Required.--At the request of the Commonwealth of Puerto
Rico, the Secretary of Defense shall conduct a study relating to the
presence of unexploded ordnance in a portion of the former bombardment
area at Culebra Island, Puerto Rico, transferred to the Commonwealth of
Puerto Rico by quitclaim deed. The Secretary shall complete the study
within 270 days after receiving the request from the Commonwealth.
(b) Contents of Study.--The study shall include a specific
assessment of Flamenco Beach located within the former bombardment area
and shall include the following elements for each area:
(1) An estimate of the type and amount of unexploded ordnance.
(2) An estimate of the cost of removing unexploded ordnance.
(3) An examination of the impact of such removal on any
endangered or threatened species and their habitat.
(4) An examination of current public access to the former
bombardment area.
(5) An examination of any threats to public health or safety
and the environment from unexploded ordnance.
(c) Consultation With Commonwealth.--In conducting the study, the
Secretary of Defense shall consult with the Commonwealth of Puerto Rico
regarding the Commonwealth's planned future uses of the former
bombardment area. The Secretary shall consider the Commonwealth's
planned future uses in developing any conclusions or recommendations
the Secretary may include in the study.
(d) Definitions.--In this section:
(1) The term ``quitclaim deed'' refers to the quitclaim deed
from the United States to the Commonwealth of Puerto Rico, signed
by the Secretary of the Interior on August 11, 1982, for that
portion of Tract (1b) consisting of the former bombardment area on
the island of Culebra, Puerto Rico.
(2) The term ``unexploded ordnance'' has the meaning given that
term by section 101(e)(5) of title 10, United States Code.
Subtitle C--Provisions Related to Guam Realignment
SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE'S
LEADERSHIP OF GUAM OVERSIGHT COUNCIL.
Subsection (d) of section 132 of title 10, United States Code, as
added by section 2831(a) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2669),
is amended by striking ``September 30, 2015'' and inserting ``September
30, 2020''.
SEC. 2822. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER AND
WASTEWATER TREATMENT SYSTEM ON GUAM.
(a) Conveyance of Utilities.--The Secretary of Defense may convey
to the Guam Waterworks Authority (in this section referred to as the
``Authority'') all right, title, and interest of the United States in
and to the water and wastewater treatment utility systems on Guam,
including the Fena Reservoir, for the purpose of establishing an
integrated water and wastewater treatment system on Guam.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance of the water and wastewater treatment utility systems on
Guam, the Authority shall pay to the Secretary of Defense an amount
equal to the fair market value of the utility infrastructure to be
conveyed, as determined pursuant to an agreement between the
Secretary and the Authority.
(2) Deferred payments.--At the discretion of the Authority, the
Authority may elect to pay the consideration determined under
paragraph (1) in equal annual payments over a period of not more
than 25 years, starting with the first year beginning after the
date of the conveyance of the water and wastewater treatment
utility systems to the Authority.
(3) Acceptance of in-kind services.--The consideration required
by paragraph (1) may be paid in cash or in-kind, as acceptable to
the Secretary of Defense. The Secretary of Defense, in consultation
with the Secretary of the Interior, shall consider the value of in-
kind services provided by the Government of Guam pursuant to
section 311 of the Compact of Free Association between the
Government of the United States and the Government of the Federated
States of Micronesia, approved by Congress in the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188; 117 Stat.
2781), section 311 of the Compact of Free Association between the
Government of the United States and the Government of the Republic
of the Marshall Islands, approved by Congress in such Act, and the
Compact of Free Association between the Government of the United
States and the Government of the Republic of Palau, approved by
Congress in the Palau Compact of Free Association Act (Public Law
99-658; 100 Stat. 3672).
(c) Condition of Conveyance.--As a condition of the conveyance
under subsection (a), the Secretary of Defense must obtain at least a
33 percent voting representation on the Guam Consolidated Commission on
Utilities, including a proportional representation as chairperson of
the Commission.
(d) Implementation Report.--
(1) Report required.--If the Secretary of Defense determines to
use the authority provided by subsection (a) to convey the water
and wastewater treatment utility systems to the Authority, the
Secretary shall submit to the congressional defense committees a
report containing--
(A) a description of the actions needed to efficiently
convey the water and wastewater treatment utility systems to
the Authority; and
(B) an estimate of the cost of the conveyance.
(2) Submission.--The Secretary shall submit the report not
later than 30 days after the date on which the Secretary makes the
determination triggering the report requirement.
(e) New Water Systems.--If the Secretary of Defense determines to
use the authority provided by subsection (a) to convey the water and
wastewater treatment utility systems to the Authority, the Secretary
shall also enter into an agreement with the Authority, under which the
Authority will manage and operate any water well or wastewater
treatment plant that is constructed by the Secretary of a military
department on Guam on or after the date of the enactment of this Act.
(f) Additional Term and Conditions.--The Secretary of Defense may
require such additional terms and conditions in connection with the
conveyance under this section as the Secretary considers appropriate to
protect the interests of the United States.
(g) Technical Assistance.--
(1) Assistance authorized; reimbursement.--The Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, may provide technical assistance to the Secretary of
Defense and the Authority regarding the development of plans for
the design, construction, operation, and maintenance of integrated
water and wastewater treatment utility systems on Guam.
(2) Contracting authority; condition.--The Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, may enter into memoranda of understanding, cooperative
agreements, and other agreements with the Secretary of Defense to
provide technical assistance as described in paragraph (1) under
such terms and conditions as the Secretary of the Interior and the
Secretary of Defense consider appropriate, except that costs
incurred by the Secretary of the Interior to provide technical
assistance under paragraph (1) shall be covered by the Secretary of
Defense.
(3) Report and other assistance.--Not later than one year after
date of the enactment of this Act, the Secretary of the Interior
and the Secretary of Defense shall submit to the congressional
defense committees, the Committee on Natural Resources of the House
of Representatives, and the Committee on Energy and Natural
Resources of the Senate a report detailing the following:
(A) Any technical assistance provided under paragraph (1)
and information pertaining to any memoranda of understanding,
cooperative agreements, and other agreements entered into
pursuant to paragraph (2).
(B) An assessment of water and wastewater systems on Guam,
including cost estimates and budget authority, including
authorities available under the Acts of June 17, 1902, and June
12, 1906 (popularly known as the Reclamation Act; 43 U.S.C.
391) and other authority available to the Secretary of the
Interior, for financing the design, construction, operation,
and maintenance of such systems.
(C) The needs related to water and wastewater
infrastructure on Guam and the protection of water resources on
Guam identified by the Authority.
SEC. 2823. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT GUAM
REALIGNMENT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the structural integrity
of facilities required to support the realignment of military
installations and the relocation of military personnel on Guam.
(b) Contents of Report.--The report required by subsection (a)
shall contain the following elements:
(1) A threat assessment to the realigned forces, including
natural and manmade threats.
(2) An evaluation of the types of facilities and the enhanced
structural requirements required to deter the threat assessment
specified in paragraph (1).
(3) An assessment of the costs associated with the enhanced
structural requirements specified in paragraph (2).
SEC. 2824. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM.
(a) Report Required.--The Secretary of the Interior shall prepare a
report--
(1) detailing the civilian infrastructure improvements needed
on Guam to directly and indirectly support and sustain the
realignment of military installations and the relocation of
military personnel on Guam; and
(2) identifying, to the maximum extent practical, the potential
funding sources for such improvements from other Federal
departments and agencies and from existing authorities and funds
within the Department of Defense.
(b) Consultation.--The Secretary of the Interior shall prepare the
report required by subsection (a) in consultation with the Secretary of
Defense, the Government of Guam, and the Interagency Group on the
Insular Areas established by Executive Order No. 13537.
(c) Submission.--The Secretary of the Interior shall submit the
report required by subsection (a) to the congressional defense
committees and the Committee on Natural Resources of the House of
Representatives, and the Committee on Energy and Natural Resources of
the Senate not later than 180 days after the date of the enactment of
this Act.
Subtitle D--Energy Security
SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE PRACTICES IN
DEPARTMENT ENERGY PERFORMANCE PLAN.
Section 2911(c) of title 10, United States Code, is amended--
(1) in paragraph (4), by inserting ``and hybrid-electric
drive'' after ``alternative fuels'';
(2) by redesignating paragraph (9) as paragraph (11);
(3) by redesignating paragraphs (5) through (8) as paragraphs
(6) through (9), respectively;
(4) by inserting after paragraph (4) the following new
paragraph:
``(5) Opportunities for the high-performance construction,
lease, operation, and maintenance of buildings.''; and
(5) by inserting after paragraph (9) (as redesignated by
paragraph (3)) the following new paragraph:
``(10) The value of incorporating electric, hybrid-electric,
and high efficiency vehicles into vehicle fleets.''.
SEC. 2832. ENHANCEMENT OF ENERGY SECURITY ACTIVITIES OF THE DEPARTMENT
OF DEFENSE.
(a) Energy Performance Master Plan.--
(1) Enhancement of energy performance plan to master plan.--
Subsection (b) of section 2911 of title 10, United States Code, is
amended to read as follows:
``(b) Energy Performance Master Plan.--(1) The Secretary of Defense
shall develop a comprehensive master plan for the achievement of the
energy performance goals of the Department of Defense, as set forth in
laws, executive orders, and Department of Defense policies.
``(2) The master plan shall include the following:
``(A) A separate master plan, developed by each military
department and Defense Agency, for the achievement of energy
performance goals.
``(B) The use of a baseline standard for the measurement of
energy consumption by transportation systems, support systems,
utilities, and facilities and infrastructure that is consistent for
all of the military departments.
``(C) A method of measurement of reductions or conservation in
energy consumption that provides for the taking into account of
changes in the current size of fleets, number of facilities, and
overall square footage of facility plants.
``(D) Metrics to track annual progress in meeting energy
performance goals.
``(E) A description of specific requirements, and proposed
investments, in connection with the achievement of energy
performance goals reflected in the budget of the President for each
fiscal year (as submitted to Congress under section 1105(a) of
title 31).
``(3) Not later than 30 days after the date on which the budget of
the President is submitted to Congress for a fiscal year under section
1105(a) of title 31, the Secretary shall submit the current version of
the master plan to Congress.''.
(2) Conforming amendments.--Such section is further amended by
striking ``plan'' each place it appears and inserting ``master
plan''.
(3) Section heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2911. Energy performance goals and master plan for the
Department of Defense''.
(b) Expansion of Facilities for Which Use of Renewable Energy and
Energy Efficient Products Is Required.--
(1) Renewable energy.--Subsection (a) of section 2915 of title
10, United States Code, is amended--
(A) by inserting ``and facility repairs and renovations''
after ``military family housing projects)''; and
(B) by striking ``energy performance plan'' and inserting
``energy performance master plan''.
(2) Consideration in design.--Subsection (b)(1) of such section
is amended by striking ``the design'' and all that follows and
inserting the following: ``the design for the construction, repair,
or renovation of facilities (including family housing and back-up
power generation facilities) requires consideration of energy
systems using solar energy or other renewable forms of energy when
use of a renewable form of energy--
``(A) is consistent with the energy performance goals and
energy performance master plan for the Department of Defense
developed under section 2911 of this title; and
``(B) supported by the special considerations specified in
subsection (c) of such section.''.
(3) Energy efficient products.--Subsection (e) of such section
is amended--
(A) by striking the heading and inserting the following:
``Use of Energy Efficient Products in Facilities.--'';
(B) in paragraph (1)--
(i) by striking ``new facility construction'' and
inserting ``construction, repair, or renovation of
facilities''; and
(ii) by striking ``energy performance plan'' and
inserting ``energy performance master plan'';
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For purposes of this subsection, energy efficient products
may include, at a minimum, the following technologies, consistent with
the products specified in paragraph (3):
``(A) Roof-top solar thermal, photovoltaic, and energy reducing
coating technologies.
``(B) Energy management control and supervisory control and
data acquisition systems.
``(C) Energy efficient heating, ventilation, and air
conditioning systems.
``(D) Thermal windows and insulation systems.
``(E) Electric meters.
``(F) Lighting, equipment, and appliances that are designed to
use less electricity.
``(G) Hybrid vehicle plug-in charging stations.
``(H) Solar-power collecting structures to shade vehicle
parking areas.
``(I) Wall and roof insulation systems and air infiltration-
mitigation systems, such as weatherproofing.''.
(4) Section heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2915. Facilities: use of renewable forms of energy and energy
efficient products''.
(c) Other Amendments.--
(1) Conforming amendment.--Section 2925(a) of title 10, United
States Code, is amended by striking ``energy performance plan''
each place it appears and inserting ``energy performance master
plan''.
(2) Clerical amendments.--The table of sections at the
beginning of subchapter I of chapter 173 of such title is amended--
(A) by striking the item relating to section 2911 and
inserting the following new item:
``2911. Energy performance goals and master plan for the Department of
Defense.''; and
(B) by striking the item relating to section 2915 and
inserting the following new item:
``2915. Facilities: use of renewable forms of energy and energy
efficient products.''.
Subtitle E--Land Conveyances
SEC. 2841. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT (DFSP) WHITTIER,
ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army or the
Secretary of the Air Force may convey to the City of Whittier, Alaska
(in this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 62
acres, located at the Defense Fuel Support Point (DFSP) Whittier,
Alaska, that the Secretary making the conveyance considers appropriate
in the public interest.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary conveying the
property an amount that is not less than the fair market value of the
property conveyed, as determined by the Secretary. The Secretary's
determination shall be final. In lieu of all or a portion of cash
payment of consideration, the Secretary may accept in-kind
consideration, including environmental remediation for the property
conveyed.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary conveying property under
subsection (a) shall require the City to reimburse the Secretary to
cover costs (except costs for environmental remediation of the
property) to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and any other
administrative costs related to the conveyance. If amounts are
collected in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund
the excess amount to the City of Whittier.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Compliance With Environmental Laws.--Nothing in this section
shall be construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(e) Treatment of Cash Consideration Received.--Any cash payment
received by the United States as consideration for the conveyance under
subsection (a) shall be deposited in the special account in the
Treasury established under subsection (b) of section 572 of title 40,
United States Code, and shall be available in accordance with paragraph
(5)(B) of such subsection.
(f) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under this
section shall be determined by a survey satisfactory to the Secretary
of the Interior.
(g) Additional Terms and Conditions.--The Secretary making the
conveyance under subsection (a) may require such additional terms and
conditions in connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, FORT KNOX, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Department of Veterans Affairs of the
Commonwealth of Kentucky (in this section referred to as the
``Department'') all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 194 acres at Fort Knox, Kentucky, for the
purpose of permitting the Department to establish and operate a State
veterans home and future expansion of the adjacent State veterans
cemetery for veterans and eligible family members of the Armed Forces.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(c) Payment or Costs of Conveyance.--
(1) In general.--The Secretary shall require the Department to
cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including costs related to
environmental documentation and other administrative costs. This
paragraph does not apply to costs associated with the environmental
remediation of the property to be conveyed.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the conveyance. Amounts so credited shall be merged
with amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2843. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST BANK), NEW
ORLEANS, LOUISIANA.
(a) Conveyance Authorized.--Except as provided in subsection (b),
the Secretary of the Navy may convey to the Algiers Development
District all right, title, and interest of the United States in and to
the real property comprising the Naval Support Activity (West Bank),
New Orleans, Louisiana, including--
(1) any improvements and facilities on the real property; and
(2) available personal property on the real property.
(b) Certain Property Excluded.--The conveyance under subsection (a)
may not include--
(1) the approximately 29-acre area known as the Secured Area of
the real property described in such subsection, which shall remain
subject to the Lease; and
(2) the Quarters A site, which is located at Sanctuary Drive,
as determined by a survey satisfactory to the Secretary of the
Navy.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Navy.
(d) Timing.--The authority provided in subsection (a) may only be
exercised after--
(1) the Secretary of the Navy determines that the property
described in subsection (a) is no longer needed by the Department
of the Navy; and
(2) the Algiers Development District delivers the full
consideration as required by Article 3 of the Lease.
(e) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall include a condition that expressly prohibits any
use of the property that would interfere or otherwise restrict
operations of the Department of the Navy in the Secured Area referred
to in subsection (b), as determined by the Secretary of the Navy.
(f) Subsequent Conveyance of Secured Area.--If at any time the
Secretary of the Navy determines and notifies the Algiers Development
District that there is no longer a continuing requirement to occupy or
otherwise control the Secured Area referred to in subsection (b) to
support the mission of the Marine Forces Reserve or other comparable
Marine Corps use, the Secretary may convey to the Algiers Development
District the Secured Area and the any improvements situated thereon.
(g) Subsequent Conveyance of Quarters A.--If at any time the
Secretary of the Navy determines that the Department of the Navy no
longer has a continuing requirement for general officers quarters to be
located on the Quarters A site referred to in subsection (b) or the
Department of the Navy elects or offers to transfer, sell, lease,
assign, gift or otherwise convey any or all of the Quarters A site or
any improvements thereon to any third party, the Secretary may convey
to the Algiers Development District the real property containing the
Quarters A site.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance of property under this section, consistent with the Lease,
as the Secretary considers appropriate to protect the interest of the
United States.
(i) Definitions.--In this section:
(1) The term ``Algiers Development District'' means the Algiers
Development District, a local political subdivision of the State of
Louisiana.
(2) The term ``Lease'' means that certain Real Estate Lease for
Naval Support Activity New Orleans, West Bank, New Orleans,
Louisiana, Lease No. N47692-08-RP-08P30, by and between the United
States, acting by and through the Department of the Navy, and the
Algiers Development District dated September 30, 2008.
SEC. 2844. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW FREQUENCY
COMMUNICATIONS PROJECT SITE, REPUBLIC, MICHIGAN.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to Humboldt Township in Marquette County,
Michigan, all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon, in
Republic, Michigan, consisting of approximately seven acres and
formerly used as an Extremely Low Frequency communications project
site, for the purpose of permitting the Township to use the property
for public benefit.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2845. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER, WILMINGTON,
NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the North Carolina State Port Authority of Wilmington, North Carolina
(in this section referred to as the ``Port Authority''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 3.03 acres and known as the Marine Forces Reserve Center
in Wilmington, North Carolina, for the purpose of permitting the Port
Authority to use the parcel for development of a port facility and for
other public purposes.
(b) Inclusion of Personal Property.--The Secretary of the Navy may
include as part of the conveyance under subsection (a) personal
property of the Navy at the Marine Forces Reserve Center that the
Secretary of Transportation recommends is appropriate for the
development or operation of the port facility and the Secretary of the
Navy agrees is excess to the needs of the Navy.
(c) Interim Lease.--Until such time as the real property described
in subsection (a) is conveyed by deed, the Secretary of the Navy may
lease the property to the Port Authority.
(d) Consideration.--
(1) Conveyance.--The conveyance under subsection (a) shall be
made without consideration as a public benefit conveyance for port
development if the Secretary of the Navy determines that the Port
Authority satisfies the criteria specified in section 554 of title
40, United States Code, and regulations prescribed to implement
such section. If the Secretary determines that the Port Authority
fails to qualify for a public benefit conveyance, but still desires
to acquire the property, the Port Authority shall pay to the United
States an amount equal to the fair market value of the property to
be conveyed. The fair market value of the property shall be
determined by the Secretary.
(2) Lease.--The Secretary of the Navy may accept as
consideration for a lease of the property under subsection (c) an
amount that is less than fair market value if the Secretary
determines that the public interest will be served as a result of
the lease.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Navy and
the Port Authority. The cost of such survey shall be borne by the Port
Authority.
(f) Additional Terms.--The Secretary of the Navy may require such
additional terms and conditions in connection with the conveyance as
the Secretary considers appropriate to protect the interests of the
United States.
Subtitle F--Other Matters
SEC. 2851. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT REGARDING
CONSTRUCTION OF A NEW OUTLYING LANDING FIELD IN NORTH CAROLINA AND
VIRGINIA.
(a) Findings.--Congress makes the following findings:
(1) The Navy has studied the feasibility and potential
locations of a new outlying landing field on the East Coast since
2001.
(2) Since January 2008, the Navy has studied five potential
sites in North Carolina and Virginia, whose communities have
expressed opposition. Some local governments where the sites under
consideration are located have taken formal action in opposition by
resolution or correspondence to the Navy and congressional
officials.
(b) Limitation on Funds Pending Report.--
(1) In general.--The Secretary of the Navy may not obligate or
expend funds for the study or development of a new outlying landing
field in North Carolina or Virginia after fiscal year 2011 until
the Secretary has provided the congressional defense committees a
report on the Navy's efforts with respect to the outlying landing
field.
(2) Elements of report.--The report required under paragraph
(1) shall include the following:
(A) A description of the actual training requirements and
completed training events involving Fleet Carrier Landing
Practice operations at Naval Air Station Oceana and Naval
Auxiliary Landing Field Fentress for the previous 10 years, to
include statistics for the current fiscal year.
(B) An assessment of the aviation training requirements and
completed aviation training events conducted on all existing
Navy outlying landing fields and installations located in North
Carolina and Virginia, to include statistics for the current
fiscal year.
(C) An assessment of the suitability of all Naval
installations in North Carolina and Virginia to conduct Fleet
Carrier Landing Practice operations, including necessary
facility modifications and requirements to de-conflict with
current operations at each installation.
(D) A description of the estimated funding necessary to
construct a new outlying landing field at each of the five
sites under current consideration, and a cost comparison
analysis between construction of a new outlying landing field
versus use of an existing facility.
(E) A description of all completed or pending environmental
studies conducted on any of the five sites currently under
consideration, including the methodology, conclusions, and
recommendations.
(F) Criteria for the basing of the Joint Strike Fighter F-
35 aircraft and a description of the outlying landing field
facilities that will be required to support its training
requirements.
SEC. 2852. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS MILITARY
MEDICAL CENTERS.
(a) Unified Construction Standard for Military Construction and
Repairs to Military Medical Centers.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish a unified construction standard for military construction and
repairs for military medical centers that provides a single standard of
care. This standard shall also include--
(1) size standards for operating rooms and patient recovery
rooms; and
(2) such other construction standards that the Secretary
considers necessary to support military medical centers.
(b) Independent Review Panel.--
(1) Establishment; purpose.--The Secretary of Defense shall
establish an independent advisory panel for the purpose of--
(A) reviewing the unified construction standards
established pursuant to subsection (a) to determine the
standards consistency with industry practices and benchmarks
for world class medical construction;
(B) reviewing ongoing construction programs within the
Department of Defense to ensure medical construction standards
are uniformly applied across applicable military medical
centers;
(C) assessing the approach of the Department of Defense
approach to planning and programming facility improvements with
specific emphasis on--
(i) facility selection criteria and proportional
assessment system; and
(ii) facility programming responsibilities between the
Assistant Secretary of Defense for Health Affairs and the
Secretaries of the military departments;
(D) assessing whether the Comprehensive Master Plan for the
National Capital Region Medical, dated April 2010, is adequate
to fulfill statutory requirements, as required by section 2714
of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2656), to
ensure that the facilities and organizational structure
described in the plan result in world class military medical
centers in the National Capital Region; and
(E) making recommendations regarding any adjustments of the
master plan referred to in subparagraph (D) that are needed to
ensure the provision of world class military medical centers
and delivery system in the National Capital Region.
(2) Members.--
(A) Appointments by secretary.--The panel shall be composed
of such members as determined by the Secretary of Defense,
except that the Secretary shall include as members--
(i) medical facility design experts;
(ii) military healthcare professionals;
(iii) representatives of premier health care centers in
the United States; and
(iv) former retired senior military officers with joint
operational and budgetary experience.
(B) Congressional appointments.--The chairmen and ranking
members of the Committees on the Armed Services of the Senate
and House of Representatives may each designate one member of
the panel.
(C) Term.--Members of the panel may serve on the panel
until the termination date specified in paragraph (7).
(D) Compensation.--While performing duties on behalf of the
panel, a member and any adviser referred to in paragraph (4)
shall be reimbursed under Government travel regulations for
necessary travel expenses.
(3) Meetings.--The panel shall meet not less than quarterly.
The panel or its members may make other visits to military
treatment centers and military headquarters in connection with the
duties of the panel.
(4) Staff and advisors.--The Secretary of Defense shall provide
necessary administrative staff support to the panel. The panel may
call in advisers for consultation.
(5) Reports.--
(A) Initial report.--Not later than 120 days after the
first meeting of the panel, the panel shall submit to the
Secretary of Defense a written report containing--
(i) an assessment of the adequacy of the plan of the
Department of Defense to address the items specified in
subparagraphs (A) through (E) of paragraph (1) relating to
the purposes of the panel; and
(ii) the recommendations of the panel to improve the
plan.
(B) Additional reports.--Not later than February 1, 2011,
and each February 1 thereafter until termination of the panel,
the panel shall submit to the Secretary of Defense a report on
the findings and recommendations of the panel to address any
deficiencies identified by the panel.
(6) Assessment of recommendations.--Not later than 30 days
after the date of the submission of each report under paragraph
(5), the Secretary of Defense shall submit to the congressional
defense committees a report including--
(A) a copy of the panel's assessment;
(B) an assessment by the Secretary of the findings and
recommendations of the panel; and
(C) the plans of the Secretary for addressing such findings
and recommendations.
(7) Termination.--The panel shall terminate on September 30,
2015.
(c) Definitions.--In this section:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of title
10, United States Code.
(2) World class military medical center.--The term ``world
class military medical center'' has the meaning given the term
``world class military medical facility'' by the National Capital
Region Base Realignment and Closure Health Systems Advisory
Subcommittee of the Defense Health Board in appendix B of the
report titled ``Achieving World Class--An Independent Review of the
Design Plans for the Walter Reed National Military Medical Center
and the Fort Belvoir Community Hospital'' and published in May
2009, as required by section 2721 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4716).
SEC. 2853. REPORT ON FUEL INFRASTRUCTURE SUSTAINMENT, RESTORATION, AND
MODERNIZATION REQUIREMENTS.
Not later than 270 days after the date of the enactment of this
Act, the Director of the Defense Logistics Agency shall submit to the
congressional defense committees a report on the fuel infrastructure of
the Department of Defense. The report shall include the following:
(1) Fiscal projections for fuel infrastructure sustainment,
restoration, and modernization requirements to fully meet
Department of Defense sustainment models and industry
recapitalization practices.
(2) An assessment of the risk associated with not providing
adequate funding to support such fuel infrastructure sustainment,
restoration, and modernization requirements.
(3) An assessment of fuel infrastructure real property
deficiencies impacting the ability of the Defense Logistics Agency
to fully support mission requirements.
(4) An assessment of environmental liabilities associated with
current fueling operations.
(5) A list of real property previously used to support fuel
infrastructure and an assessment of the environmental liabilities
associated with such real property and whether any of such real
property can be declared excess to the needs of the Department of
Defense.
(6) An assessment of the real property demarcation between the
Secretaries of the military departments and the Defense Logistics
Agency.
SEC. 2854. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN,
CONNECTICUT.
The newly constructed Armed Forces Reserve Center in Middletown,
Connecticut, shall be known and designated as the ``Major General
Maurice Rose Armed Forces Reserve Center''. Any reference in a law,
map, regulation, document, paper, or other record of the United States
to such Armed Forces Reserve Center shall be deemed to be a reference
to the Major General Maurice Rose Armed Forces Reserve Center.
SEC. 2855. SENSE OF CONGRESS ON PROPOSED EXTENSION OF THE ALASKA
RAILROAD CORRIDOR ACROSS FEDERAL LAND IN ALASKA.
(a) Finding.--Congress finds that the Alaska Railroad proposes the
extension of its railroad corridor over approximately 950 acres of land
located south and east of North Pole, Alaska, including lands located
near or adjacent to the Chena River spillway, Eielson Air Force Base,
Tanana Flats Training Area (Fort Wainwright), Donnelly Training Area
(Fort Wainwright), and Fort Greely.
(b) Sense of Congress.--It is the sense of Congress that the
Department of the Army and the Department of the Air Force should
explore means of accommodating the railroad corridor expansion referred
to in subsection (a) using existing authorities that will not adversely
impact military missions, operations, and training.
SEC. 2856. SENSE OF CONGRESS ON IMPROVING MILITARY HOUSING FOR MEMBERS
OF THE AIR FORCE.
(a) Finding.--Congress makes the following findings:
(1) In the mid-1990s, the Department of Defense became
concerned that inadequate and poor quality housing for members of
the Armed Forces was adversely affecting the quality of life for
members and their families and adversely affecting military
readiness by contributing to decisions by members to leave the
Armed Forces.
(2) At that time, the Department of Defense designated about
180,000 houses, or nearly two-thirds of its domestic family housing
inventory, as inadequate and needing repair or complete
replacement.
(3) The Department of Defense believed that it would need about
$20,000,000,000 in appropriated funds and would take up to 40 years
to eliminate poor quality military housing through new construction
or renovation using its traditional military construction approach.
(4) In 1996, Congress enacted the Military Housing
Privatization Initiative to provide the Department of Defense with
a variety of authorities to obtain private sector financing and
management for the repair, renovation, construction, and management
of military family housing.
(5) The Air Force has used the Military Housing Privatization
Initiative to award 27 projects at 44 military bases to improve
over 37,000 homes.
(6) The Air Force has received $7,100,000,000 in total
development investment from the private sector for new housing with
a taxpayer contribution of approximately $425,000,000, representing
a 15 to 1 leveraging of taxpayer dollars.
(7) The Air Force, like the other military services, has been
able to leverage varying conditions of housing at military bases
into fiscally viable projects by packaging housing inventories at
multiple bases into a single transaction.
(8) Congress has approved transactions involving the packaging
of multiple bases as a critical tool to maximize the efficient use
of taxpayer funds.
(9) Congress supports the goal of the Air Force to complete
transactions for the repair, renovation, construction, and
management of 100 percent of their military family housing
inventory in the United States by December 31, 2012.
(10) The Air Force currently has 6 project solicitations
prepared for open competition at 22 Air Force installations to
improve over 15,000 homes.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force should use existing authority to carry out
solicitations for the 6 military housing projects involving the
packaging of 22 bases consistent with the goal of improving 15,000
homes for Air Force personnel and their families by December 31, 2012.
SEC. 2857. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND FISHING
ON MILITARY INSTALLATIONS.
It is the sense of the Congress that--
(1) military installations that permit public access for
recreational hunting and fishing should continue to permit such
hunting and fishing where appropriate;
(2) permitting the public to access military installations for
recreational hunting and fishing benefits local communities by
conserving and promoting the outdoors and establishing positive
relations between the civilian and defense sectors;
(3) any military installations that make recreational hunting
and fishing permits available for purchase should provide a
discounted rate for active and retired members of the Armed Forces
and veterans with disabilities; and
(4) the Department of Defense, all of the service branches, and
military installations that permit public access for recreational
hunting and fishing should promote access to such installations by
making the appropriate accommodations for members of the Armed
Forces and veterans with disabilities.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Outside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base................................ $270,000,000
Delaram II..................................... $4,400,000
Dwyer.......................................... $74,100,000
Frontenac...................................... $8,400,000
Kandahar....................................... $80,400,000
Maywand........................................ $7,000,000
Shank.......................................... $98,300,000
Sharana........................................ $12,400,000
Shindand....................................... $6,100,000
Tarin Kowt..................................... $29,600,000
Tombstone/Bastion.............................. $112,600,000
Various locations.............................. $100,000,000
Wolverine...................................... $13,000,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$816,300,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $78,350,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United States
Code, funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount of
$79,716,000.
(4) Oversight.--For the Department of Defense Inspector
General, funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount of
$7,000,000.
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECT.
(a) Outside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Oman........................................... Al Musannah.................................... $69,000,000
Qatar.......................................... Al Udeid....................................... $63,000,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$132,000,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $49,584,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United States
Code, funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount of
$13,422,000.
SEC. 2903. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND ACQUISITION
PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of Defense may
acquire real property and carry out military construction projects for
the Defense Agencies for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Wide: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Classified Location............................ Classified Project............................. $41,900,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$41,900,000.
(2) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design authorized by section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $4,600,000.
TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES
Sec. 3001. Military construction.
Sec. 3002. Overseas contingency operations.
SEC. 3001. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 3001. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Fort Rucker Aviation Component 29,000 29,000
Maintenance Shop.
Army Fort Rucker Aviation Maintenance 36,000 36,000
Facility.
Army Fort Rucker Training Aids Center........ 4,650 4,650
Alaska
Army Fort Greely Fire Station................ 26,000 26,000
Army Fort Richardson Brigade Complex, Ph 1....... 67,038 67,038
Army Fort Richardson Multipurpose Machine Gun 12,200 12,200
Range.
Army Fort Richardson Simulations Center.......... 34,000 34,000
Army Fort Wainwright Aviation Task Force Complex, 30,000 0
Ph 1 Incr 2.
Army Fort Wainwright Aviation Task Force Complex, 142,650 142,650
Ph 2A (Hangar).
Army Fort Wainwright Aviation Task Force Complex, 27,000 27,000
Ph 2B (Company Ops
Facility).
Army Fort Wainwright Urban Assault Course........ 3,350 3,350
California
Army Fort Irwin Water Treatment and Distro 0 0
System.
Army Presidio Monterey Advanced Individual Training 63,000 63,000
Barracks.
Army Presidio Monterey General Instruction Building 39,000 39,000
Army Presidio Monterey Satellite Communications 38,000 38,000
Facility.
Colorado
Army Fort Carson Automated Sniper Field Fire 3,650 3,650
Range.
Army Fort Carson Battalion Headquarters...... 6,700 6,700
Army Fort Carson Brigade Complex............. 56,000 56,000
Army Fort Carson Simulations Center.......... 40,000 40,000
Florida
Army Eglin Ab Chapel...................... 6,900 6,900
Army Miami-Dade County Command & Control Facility.. 41,000 41,000
Army US Army Garrison Miami Commissary.................. 19,000 0
Georgia
Army Fort Benning Land Acquisition............ 12,200 12,200
Army Fort Benning Museum Operations Support 32,000 0
Building.
Army Fort Benning Trainee Barracks, Ph 2...... 51,000 51,000
Army Fort Benning Training Battalion Complex, 14,600 14,600
Ph 2.
Army Fort Benning Training Battalion Complex, 14,600 14,600
Ph 2.
Army Fort Benning Vehicle Maintenance Shop.... 53,000 53,000
Army Fort Gordon Qualification Training Range 0 0
Army Fort Gordon Training Aids Center........ 4,150 4,150
Army Fort Stewart Automated Infantry Platoon 6,200 6,200
Battle Course.
Army Fort Stewart Automated Multipurpose 9,100 9,100
Machine Gun Range.
Army Fort Stewart Aviation Unit Operations 47,000 47,000
Complex.
Army Fort Stewart Battalion Complex........... 18,000 18,000
Army Fort Stewart General Instruction Building 8,200 8,200
Army Fort Stewart Modified Record Fire Range.. 3,750 3,750
Army Fort Stewart Simulations Center.......... 26,000 26,000
Army Fort Stewart Training Aids Center........ 7,000 7,000
Hawaii
Army Fort Shafter Command & Control Facility, 58,000 58,000
Ph 1.
Army Fort Shafter Flood Mitigation............ 23,000 23,000
Army Schofield Barracks Barracks.................... 98,000 98,000
Army Schofield Barracks Barracks.................... 90,000 90,000
Army Schofield Barracks Training Aids Center........ 24,000 24,000
Army Tripler Army Medical Barracks.................... 28,000 28,000
Center
Kansas
Army Fort Leavenworth Vehicle Maintenance Shop.... 7,100 7,100
Army Fort Riley Automated Infantry Squad 4,100 4,100
Battle Course.
Army Fort Riley Automated Qualification/ 14,800 14,800
Training Range.
Army Fort Riley Battalion Complex, Ph 1..... 31,000 31,000
Army Fort Riley Known Distance Range........ 7,200 7,200
Kentucky
Army Fort Campbell Automated Sniper Field Fire 1,500 1,500
Range.
Army Fort Campbell Brigade Complex............. 67,000 67,000
Army Fort Campbell Company Operations 25,000 25,000
Facilities.
Army Fort Campbell Infantry Squad Battle Course 0 0
Army Fort Campbell Rappelling Training Area.... 5,600 5,600
Army Fort Campbell Shoot House................. 0 0
Army Fort Campbell Unit Operations Facilities.. 26,000 26,000
Army Fort Campbell Urban Assault Course........ 3,300 3,300
Army Fort Campbell Vehicle Maintenance Shop.... 15,500 15,500
Army Fort Knox Access Corridor Improvements 6,000 6,000
Army Fort Knox Military Operation Urban 12,800 12,800
Terrain Collective Training
Facility.
Army Fort Knox Rail Head Upgrade........... 0 0
Louisiana
Army Fort Polk Barracks.................... 29,000 29,000
Army Fort Polk Emergency Services Center... 0 0
Army Fort Polk Heavy Sniper Range.......... 4,250 4,250
Army Fort Polk Land Acquisition............ 24,000 24,000
Army Fort Polk Land Acquisition............ 6,000 6,000
Maryland
Army Aberdeen Proving Ground Auto Tech Evaluate Facility, 14,600 14,600
Ph 2.
Army Fort Meade Indoor Firing Range......... 7,600 7,600
Army Fort Meade Wideband SATCOM Operations 25,000 25,000
Center.
Missouri
Army Fort Leonard Wood Barracks.................... 29,000 29,000
Army Fort Leonard Wood Brigade Headquarters........ 12,200 12,200
Army Fort Leonard Wood General Instruction Building 7,000 7,000
Army Fort Leonard Wood Information Systems Facility 15,500 15,500
Army Fort Leonard Wood Training Barracks........... 19,000 19,000
Army Fort Leonard Wood Transient Advanced Trainee 29,000 29,000
Barracks, Ph 2.
New Mexico
Army White Sands Barracks.................... 29,000 29,000
New York
Army Fort Drum Aircraft Fuel Storage 14,600 14,600
Complex.
Army Fort Drum Aircraft Maintenance Hangar. 16,500 16,500
Army Fort Drum Alert Holding Area Facility. 0 0
Army Fort Drum Battalion Complex........... 61,000 61,000
Army Fort Drum Brigade Complex, Ph 1....... 55,000 55,000
Army Fort Drum Infantry Squad Battle Course 8,200 8,200
Army Fort Drum Railhead Loading Area....... 0 0
Army Fort Drum Training Aids Center........ 18,500 18,500
Army Fort Drum Transient Training Barracks. 55,000 55,000
Army U.S. Military Academy Science Facility, Ph 2...... 130,624 130,624
Army U.S. Military Academy Urban Assault Course........ 1,700 1,700
North Carolina
Army Fort Bragg Battalion Complex........... 33,000 33,000
Army Fort Bragg Brigade Complex............. 41,000 41,000
Army Fort Bragg Brigade Complex............. 25,000 25,000
Army Fort Bragg Brigade Complex............. 50,000 50,000
Army Fort Bragg Command and Control Facility 53,000 53,000
Army Fort Bragg Company Operations 12,600 12,600
Facilities.
Army Fort Bragg Dining Facility............. 11,200 11,200
Army Fort Bragg Murchison Road Right of Way 17,000 17,000
Acquisition.
Army Fort Bragg Staging Area Complex........ 14,600 14,600
Army Fort Bragg Student Barracks............ 18,000 18,000
Army Fort Bragg Vehicle Maintenance Shop.... 7,500 7,500
Army Fort Bragg Vehicle Maintenance Shop.... 28,000 28,000
Oklahoma
Army Fort Sill General Purpose Storage 13,800 13,800
Building.
Army Fort Sill Museum Operations Support 12,800 0
Building.
Army McAlester Igloo Storage, Depot Level.. 3,000 3,000
South Carolina
Army Fort Jackson Trainee Barracks............ 28,000 28,000
Army Fort Jackson Trainee Barracks Complex, Ph 46,000 46,000
1.
Army Fort Jackson Training Aids Center........ 17,000 17,000
Texas
Army Corpus Christi NAS Rotor Blade Processing 0 0
Facility, Ph 2.
Army Fort Bliss Automated Multipurpose 6,700 6,700
Machine Gun Range.
Army Fort Bliss Company Operations 18,500 18,500
Facilities.
Army Fort Bliss Digital Multipurpose 22,000 22,000
Training Range.
Army Fort Bliss Heavy Sniper Range.......... 3,500 3,500
Army Fort Bliss Indoor Swimming Pool........ 15,500 15,500
Army Fort Bliss Light Demolition Range...... 2,100 2,100
Army Fort Bliss Live Fire Exercise 3,150 3,150
Shoothouse.
Army Fort Bliss Scout/Reconnaissance Crew 15,500 15,500
Engagement Gunnery Complex.
Army Fort Bliss Squad Defense Range......... 3,000 3,000
Army Fort Bliss Theater High Altitude Area 17,500 17,500
Defense Battery Complex.
Army Fort Bliss Transient Training Complex.. 31,000 31,000
Army Fort Bliss Urban Assault Course........ 2,800 2,800
Army Fort Bliss Vehicle Bridge Overpass..... 8,700 8,700
Army Fort Hood Battalion Complex........... 40,000 40,000
Army Fort Hood Brigade Complex............. 38,000 38,000
Army Fort Hood Company Operations 4,300 4,300
Facilities.
Army Fort Hood Convoy Live Fire............ 3,200 3,200
Army Fort Hood Live Fire Exercise 2,100 2,100
Shoothouse.
Army Fort Hood Soldier Readiness Processing 0 0
Center.
Army Fort Hood Unmanned Aerial System 55,000 55,000
Hangar.
Army Fort Hood Urban Assault Course........ 2,450 2,450
Army Fort Sam Houston Simulations Center.......... 16,000 16,000
Army Fort Sam Houston Training Aids Center........ 6,200 6,200
Virginia
Army Fort A.P. Hill 1200 Meter Range............ 14,500 14,500
Army Fort A.P. Hill Indoor Firing Range......... 6,200 6,200
Army Fort A.P. Hill Known Distance Range........ 3,800 3,800
Army Fort A.P. Hill Light Demolition Range...... 4,100 4,100
Army Fort A.P. Hill Military Operation Urban 65,000 65,000
Terrain Collective Training
Facility.
Army Fort Eustis Warrior in Transition 18,000 18,000
Complex.
Army Fort Lee Automated Qualification 7,700 7,700
Training Range.
Army Fort Lee Company Operations Facility. 4,900 4,900
Army Fort Lee Museum Operations Support 30,000 0
Building.
Army Fort Lee Training Aids Center........ 5,800 5,800
Washington
Army Fort Lewis Barracks.................... 47,000 47,000
Army Fort Lewis Barracks Complex............ 40,000 40,000
Army Fort Lewis Rappelling Training Area.... 5,300 5,300
Army Fort Lewis Regional Logistic Support 63,000 63,000
Complex.
Army Fort Lewis Regional Logistic Support 16,500 16,500
Complex Warehouse.
Army Yakima Sniper Field Fire Range..... 3,750 3,750
Afghanistan
Army Bagram AB Army Aviation HQ Facilities. 19,000 19,000
Army Bagram AB Barracks.................... 18,000 18,000
Army Bagram AB Consolidated Community 14,800 14,800
Support Area.
Army Bagram AB Eastside Electrical 10,400 10,400
Distribution.
Army Bagram AB Eastside Utilities 29,000 29,000
Infrastructure.
Army Bagram AB Entry Control Point......... 7,500 7,500
Army Bagram AB Joint Defense Operations 2,800 2,800
Center.
Germany
Army Ansbach Physical Fitness Center..... 13,800 13,800
Army Ansbach Vehicle Maintenance Shop.... 18,000 18,000
Army Grafenwoehr Barracks.................... 20,000 20,000
Army Grafenwoehr Barracks.................... 19,000 19,000
Army Grafenwoehr Barracks.................... 19,000 19,000
Army Grafenwoehr Barracks.................... 17,500 17,500
Army Rhine Ordnance Barracks Barracks Complex............ 35,000 35,000
Army Sembach AB Confinement Facility........ 9,100 9,100
Army Wiesbaden AB Command and Battle Center, 59,500 59,500
Incr 2.
Army Wiesbaden AB Construct New Access Control 5,100 5,100
Point.
Army Wiesbaden AB Information Processing 30,400 30,400
Center.
Army Wiesbaden AB Sensitive Compartmented 91,000 91,000
Information Facility.
Honduras
Army Soto Cano AB Barracks.................... 20,400 20,400
Italy
Army Vicenza Brigade Complex--Barracks/ 26,000 26,000
Community, Incr 4.
Army Vicenza Brigade Complex--Operations 25,000 25,000
Support Facility, Incr 4.
Korea
Army Camp Walker Electrical System Upgrade & 19,500 19,500
Natural Gas System.
Unspecified
Army Troop Trainee Housing Training Barracks........... 0 0
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support FY 11... 28,000 28,000
Locations
Army Unspecified Worldwide Minor Construction FY 11.... 23,000 23,000
Locations
Army Unspecified Worldwide Planning and Design FY 11... 221,636 221,636
Locations
Total Military Construction, Army 4,078,798 3,954,998
.........................
.......................
Alabama
Navy Mobile T-6 Outlying Landing Field.. 29,082 29,082
Arizona
Navy Yuma Aircraft Maintenance Hangar. 40,600 40,600
Navy Yuma Aircraft Maintenance Hangar. 63,280 63,280
Navy Yuma Communications 63,730 63,730
Infrastructure Upgrade.
Navy Yuma Intermediate Maintenance 21,480 21,480
Activity Facility.
Navy Yuma Simulator Facility.......... 36,060 36,060
Navy Yuma Utilities Infrastructure 44,320 44,320
Upgrades.
Navy Yuma Van Pad Complex Relocation.. 15,590 15,590
California
Navy Camp Pendleton Bachelor Enlisted Quarters-- 42,864 42,864
13 Area.
Navy Camp Pendleton Bachelor Enlisted Quarters-- 37,020 37,020
Las Flores.
Navy Camp Pendleton Center for Naval Aviation 66,110 66,110
Technical Training/Fleet
Replacement Squadron--
Aviation Training and
Bachelor Enlisted Quarters.
Navy Camp Pendleton Conveyance/Water Treatment.. 100,700 100,700
Navy Camp Pendleton Marine Aviation Logistics 48,230 48,230
Squadron-39 Maintenance
Hangar Expansion.
Navy Camp Pendleton Marine Corps Energy 9,950 9,950
Initiative.
Navy Camp Pendleton North Region Tert Treat 30,000 30,000
Plant (Incremented).
Navy Camp Pendleton Small Arms Magazine--Edson 3,760 3,760
Range.
Navy Camp Pendleton Truck Company Operations 53,490 53,490
Complex.
Navy Coronado Maritime Expeditionary 0 0
Security Group- One (Mesg-
1) Consolidated Boat
Maintenance Facility.
Navy Coronado Rotary Hangar............... 67,160 67,160
Navy Miramar Aircraft Maintenance Hangar. 90,490 90,490
Navy Miramar Hangar 4.................... 33,620 33,620
Navy Miramar Parking Apron/Taxiway 66,500 66,500
Expansion.
Navy Monterey NSA International Academic 0 0
Instruction Building.
Navy San Diego Bachelor Enlisted Quarters, 75,342 75,342
Homeport Ashore.
Navy San Diego Berthing Pier 12 Replace & 108,414 108,414
Dredging, Ph 1.
Navy San Diego Marine Corps Energy 9,950 9,950
Initiative.
Navy Twentynine Palms Bachelor Enlisted Quarters & 53,158 53,158
Parking Structure.
Connecticut
Navy New London NSB Submarine Group 2 0 0
Headquarters.
Florida
Navy Blount Island Consolidated Warehouse 17,260 17,260
Facility.
Navy Blount Island Container Staging and 5,990 5,990
Loading Lot.
Navy Blount Island Container Storage Lot....... 4,910 4,910
Navy Blount Island Hardstand Extension......... 17,930 17,930
Navy Blount Island Paint and Blast Facility.... 18,840 18,840
Navy Blount Island Washrack Expansion.......... 9,690 9,690
Navy Panama City NSA Land Acquisition............ 0 0
Navy Panama City NSA Purchase 9 Acres............ 0 0
Navy Tampa Joint Comms Support Element 2,300 0
Vehicle Paint Facility.
Georgia
Navy Albany MCLB Maintenance Center Test 0 0
Firing Range.
Navy Kings Bay Security Enclave & Vehicle 45,004 45,004
Barriers.
Navy Kings Bay Waterfront Emergency Power.. 15,660 15,660
Hawaii
Navy Camp Smith Physical Fitness Center..... 29,960 29,960
Navy Kaneohe Bay Bachelor Enlisted Quarters.. 90,530 90,530
Navy Kaneohe Bay Waterfront Operations 19,130 19,130
Facility.
Navy Pacific Missile Range Replace North Loop 0 0
Facility Electrical Distribution
System.
Navy Pearl Harbor Center for Disaster Mgt/ 9,140 9,140
Humanitarian Assistance.
Navy Pearl Harbor Fire Station, West Loch..... 0 0
Navy Pearl Harbor Joint Pow/Mia Accounting 99,328 99,328
Command.
Navy Pearl Harbor Pre-Fab Bridge Nohili Ditch. 0 0
Navy Pearl Harbor Welding School Shop 0 0
Consolidation.
Maine
Navy Portsmouth NSY Consolidation of Structural 0 0
Shops.
Navy Portsmouth NSY Structural Shops Addition, 0 0
Ph 1.
Maryland
Navy Indian Head Advanced Energetics Research 0 0
Lab Complex Phase 2.
Navy Indian Head Agile Chemical Facility, Ph 34,238 34,238
2.
Navy Patuxent River Atlantic Test Range Addition 0 0
Navy Patuxent River Broad Area Maritime 42,211 42,211
Surveillance & E Facility.
Mississippi
Navy Gulfport Branch Health Clinic........ 0 0
North Carolina
Navy Camp Lejeune 2nd Intel Battalion 90,270 90,270
Maintenance/Ops Complex.
Navy Camp Lejeune Armory- II Mef--Wallace 12,280 12,280
Creek.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 42,330 42,330
Courthouse Bay.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 40,780 40,780
Courthouse Bay.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 43,640 43,640
French Creek.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 55,350 55,350
Rifle Range.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 51,660 51,660
Wallace Creek.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 46,290 46,290
Wallace Creek North.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 46,550 46,550
Camp Johnson.
Navy Camp Lejeune Explosive Ordnanance 7,420 7,420
Disposal Unit Addition--2nd
Marine Logistics Group.
Navy Camp Lejeune Hangar...................... 73,010 73,010
Navy Camp Lejeune Maintenance Hangar.......... 74,260 74,260
Navy Camp Lejeune Maintenance/Ops Complex--2nd 36,100 36,100
Air Naval Gunfire Liaison
Company.
Navy Camp Lejeune Marine Corps Energy 9,950 9,950
Initiative.
Navy Camp Lejeune Mess Hall--French Creek..... 25,960 25,960
Navy Camp Lejeune Mess Hall Addition-- 2,553 2,553
Courthouse Bay.
Navy Camp Lejeune Motor Transportation/ 18,470 18,470
Communications Maintenance
Facility.
Navy Camp Lejeune Utility Expansion--Hadnot 56,470 56,470
Point.
Navy Camp Lejeune Utility Expansion--French 56,050 56,050
Creek.
Navy Cherry Point Marine Bachelor Enlisted Quarters.. 42,500 42,500
Corps Air Station
Navy Cherry Point Marine Mariners Bay Land 3,790 3,790
Corps Air Station Acquisition--Bogue.
Navy Cherry Point Marine Missile Magazine............ 13,420 13,420
Corps Air Station
Navy Cherry Point Marine Station Infrastructure 5,800 5,800
Corps Air Station Upgrades.
Pennsylvania
Navy Naval Support Activity North Gate Security 0 0
Mechanicsburg Improvements.
Navy Naval Support Activity Quiet Propulsion Load House. 0 0
Mechanicsburg
Rhode Island
Navy Newport Electromagnetic Facility.... 27,007 27,007
Navy Newport Gate Improvements........... 0 0
Navy Newport Submarine Payloads 0 0
Integration Laboratory.
South Carolina
Navy Beaufort Air Installation Compatable 21,190 21,190
Use Zone Land Acquisition.
Navy Beaufort Aircraft Hangar............. 46,550 46,550
Navy Beaufort Physical Fitness Center..... 15,430 15,430
Navy Beaufort Training and Simulator 46,240 46,240
Facility.
Texas
Navy Kingsville NAS Youth Center................ 0 0
Virginia
Navy Dahlgren Building 1200--Missile 0 0
Support Facility
Replacement Phase 1.
Navy Norfolk Pier 9 & 10 Upgrades for Ddg 2,400 2,400
1000.
Navy Norfolk Pier 1 Upgrades to Berth 10,035 10,035
Usns Comfort.
Navy Portsmouth Ship Repair Pier 100,000 100,000
Replacement, Incr 2.
Navy Quantico Academic Facility Addition-- 12,080 12,080
Staff Non Comissioned
Officer Academy.
Navy Quantico Bachelor Enlisted Quarters.. 37,810 37,810
Navy Quantico Research Center Addition-- 37,920 37,920
MCU.
Navy Quantico Student Officer Quarters-- 55,822 55,822
the Basic School.
Washington
Navy Bangor Commander Submarine 16,170 16,170
Development Squadron 5
Laboratory Expansion Ph1.
Navy Bangor Limited Area Emergency Power 15,810 15,810
Navy Bangor Waterfront Restricted Area 24,913 24,913
Emergency Power.
Navy Naval Base Kitsap Charleston Gate Ecp 0 0
Improvements.
Navy Naval Base Kitsap Limited Area Product/Strg 19,116 19,116
Complex (Incremented).
Bahrain Island
Navy SW Asia Navy Central Command 89,280 89,280
Ammunition Magazines.
Navy SW Asia Operations and Support 60,002 60,002
Facilities.
Navy SW Asia Waterfront Development, Ph 3 63,871 63,871
Guam
Navy Guam Anderson AFB North Ramp 93,588 0
Parking, Ph 1, Inc 2.
Navy Guam Anderson AFB North Ramp 79,350 0
Utilities, Ph 1, Inc 2.
Navy Guam Apra Harbor Wharves 40,000 40,000
Improvements, Ph 1.
Navy Guam Defense Access Roads 66,730 66,730
Improvements.
Navy Guam Finegayan Site Prep and 147,210 0
Utilities.
Japan
Navy Atsugi MH-60r/S Trainer Facility... 6,908 6,908
Spain
Navy Rota Air Traffic Control Tower... 23,190 23,190
Djibouti
Navy Camp Lemonier Camp Lemonier HQ Facility... 12,407 0
Navy Camp Lemonier General Warehouse........... 7,324 7,324
Navy Camp Lemonier Horn of Africa Joint 28,076 0
Operations Center.
Navy Camp Lemonier Pave External Roads......... 3,824 3,824
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design......... 120,050 120,050
Locations
Navy Unspecified Worldwide Unspecified Minor 20,877 20,877
Locations Construction.
Total Military Construction, Navy 3,879,104 3,516,173
.........................
.......................
Alabama
AF Maxwell AFB Adal Air University Library. 13,400 13,400
Alaska
AF Eielson AFB Repair Central Heat Plant & 28,000 28,000
Power Plant Boilers.
AF Elmendorf AFB Add/Alter Air Support 4,749 4,749
Operations Squadron
Training.
AF Elmendorf AFB Construct Railhead 15,000 15,000
Operations Facility.
AF Elmendorf AFB Dod Joint Regional Fire 0 0
Training Facility.
AF Elmendorf AFB F-22 Add/Alter Weapons 10,525 10,525
Release Systems Shop.
Arizona
AF Davis-Monthan AFB Aerospace Maintenance and 25,000 25,000
Regeneration Group Hangar.
AF Davis-Monthan AFB HC-130 Aerospace Ground 4,600 4,600
Equipment Maintenance
Facility.
AF Davis-Monthan AFB HC-130J Aerial Cargo 10,700 10,700
Facility.
AF Davis-Monthan AFB HC-130J Parts Store......... 8,200 8,200
AF Fort Huachuca Total Force Integration- 11,000 0
Predator Launch and
Recovery Element Beddown.
AF Luke AFB F-35 Academic Training 0 54,150
Center.
AF Luke AFB F-35 Squadron Operations 0 10,260
Facility.
California
AF Edwards AFB Flightline Fire Station..... 0 0
AF Los Angeles AFB Consolidated Parking Area, 0 0
Ph 2.
Colorado
AF Buckley AFB Land Acquisition............ 0 0
AF Buckley AFB Security Forces Operations 12,160 12,160
Facility.
AF Peterson AFB Rapid Attack Identification 24,800 24,800
Detection Repair System
Space Control Facility.
AF U.S. Air Force Academy Const Center for Character & 27,600 27,600
Leadership Development.
Delaware
AF Dover AFB C-5M/C-17 Maintenance 3,200 3,200
Training Facility, Ph 2.
District of Columbia
AF Bolling AFB Joint Air Defense Operations 13,200 13,200
Center.
Florida
AF Eglin AFB F-35 Fuel Cell Maintenance 11,400 11,400
Hangar.
AF Hurlburt Field Adal Special Operations 6,170 6,170
School Facility.
AF Hurlburt Field Add to Visiting Quarters (24 4,500 4,500
Rm).
AF Hurlburt Field Base Logistics Facility..... 24,000 24,000
AF Patrick AFB Air Force Technical 158,009 158,009
Application Center.
AF Patrick AFB Relocate Main Gate.......... 0 0
Georgia
AF Robins AFB 54th Combat Communications 0 0
Squadron Warehouse
Facility, Ph 2.
Louisiana
AF Barksdale AFB Weapons Load Crew Training 18,140 18,140
Facility.
Missouri
AF Whiteman AFB Consolidated Air Ops 0 0
Facility.
Montana
AF Malmstrom AFB Physical Fitness Center, 0 0
Phase II.
Nebraska
AF Offutt AFB Kenney/Bellevue Gates....... 0 0
Nevada
AF Creech AFB UAS Airfield Fire/Crash 11,710 11,710
Rescue Station.
AF Nellis AFB Communication Network 0 0
Control Center.
AF Nellis AFB F-35 Add/Alter 422 Test 7,870 7,870
Evaluation Squadron
Facility.
AF Nellis AFB F-35 Add/Alter Flight Test 1,900 1,900
Instrumentation Facility.
AF Nellis AFB F-35 Flight Simulator 13,110 13,110
Facility.
AF Nellis AFB F-35 Maintenance Hangar..... 28,760 28,760
New Jersey
AF McGuire AFB Base Ops/Command Post 8,000 8,000
Facility (TFI).
AF McGuire AFB Dormitory (120 Rm).......... 18,440 18,440
New Mexico
AF Cannon AFB Dormitory (96 Rm)........... 14,000 14,000
AF Cannon AFB Family Support Center....... 0 0
AF Cannon AFB UAS Squadron Ops Facility... 20,000 20,000
AF Holloman AFB Parallel Taxiway, Runway 07/ 0 0
25.
AF Holloman AFB UAS Add/Alter Maintenance 15,470 15,470
Hangar.
AF Holloman AFB UAS Maintenance Hangar...... 22,500 22,500
AF Kirtland AFB Aerial Delivery Facility 3,800 3,800
Addition.
AF Kirtland AFB Armament Shop............... 6,460 6,460
AF Kirtland AFB H/MC-130 Fuel System 14,142 14,142
Maintenance Facility.
AF Kirtland AFB Military Working Dog 0 0
Facility.
AF Kirtland AFB Replace Fire Station 3...... 0 0
New York
AF Fort Drum 20th Air Support Operations 20,440 20,440
Squadron Complex.
North Carolina
AF Pope AFB Crash/Fire/Rescue Station... 0 0
North Dakota
AF Grand Forks AFB Central Deployment Center... 0 0
AF Minot AFB Control Tower/Base 18,770 18,770
Operations Facility.
Oklahoma
AF Tinker AFB Air Traffic Control Tower... 0 0
AF Tinker AFB Upgrade Building 3001 14,000 14,000
Infrastructure, Ph 3.
South Carolina
AF Charleston AFB Civil Engineer Complex 15,000 15,000
(TFI)--Ph 1.
South Dakota
AF Ellsworth AFB Maintenance Training 0 0
Facility.
Texas
AF Dyess AFB C-130J Add/Alter Flight 4,080 4,080
Simulator Facility.
AF Ellington Field Upgrade Unmanned Aerial 7,000 0
Vehicle Maintenance Hangar.
AF Lackland AFB Basic Military Training 32,000 32,000
Satellite Classroom/Dining
Facility No 2.
AF Lackland AFB One-Company Fire Station.... 5,500 5,500
AF Lackland AFB Recruit Dormitory, Ph 3..... 67,980 67,980
AF Lackland AFB Recruit/Family Inprocessing 21,800 21,800
& Info Center.
AF Laughlin AFB Community Event Complex..... 0 0
AF Randolph AFB Fire Crash Rescue Station... 0 0
Utah
AF Hill AFB Consolidated Transportation 0 0
Facilities, Phase I.
AF Hill AFB F-22 T-10 Engine Test Cell.. 2,800 2,800
AF Hill AFB F-35 Add/Alt Building 118 0 3,600
for Flight Simulator.
AF Hill AFB F-35 Add/Alt Hangar 45W/AMU. 0 6,500
AF Hill AFB F-35A Modular Storage 0 2,000
Magazine.
Virginia
AF Langley AFB F-22 Add/Alter Hangar Bay Lo/ 8,800 8,800
Cr Facility.
Washington
AF Fairchild AFB Precision Measurement 0 0
Equipment Laboratory (Pmel)
Facility.
AF Mcchord AFB Chapel Center............... 0 0
Wyoming
AF Camp Guernsey Nuclear/Space Security 4,650 4,650
Tactics Training Center.
Afghanistan
AF Bagram AFB Consolidated Rigging 9,900 9,900
Facility.
AF Bagram AFB Fighter Hangar.............. 16,480 16,480
AF Bagram AFB Medevac Ramp Expansion/Fire 16,580 16,580
Station.
Bahrain Island
AF SW Asia North Apron Expansion....... 45,000 45,000
Germany
AF Kapaun Dormitory (128 Rm).......... 19,600 19,600
AF Ramstein AB Construct C-130J Flight 8,800 8,800
Simulator Facility.
AF Ramstein AB Deicing Fluid Storage & 2,754 2,754
Dispensing Facility.
AF Ramstein AB Unmanned Aerial System 10,800 10,800
Satellite Communication
Relay Pads & Facility.
AF Vilseck Air Support Operations 12,900 12,900
Squadron Complex.
Guam
AF Andersen AFB Combat Communications 9,200 9,200
Operations Facility.
AF Andersen AFB Commando Warrior Open Bay 11,800 11,800
Student Barracks.
AF Andersen AFB Guam Strike Ops Group & 9,100 9,100
Tanker Task Force.
AF Andersen AFB Guam Strike South Ramp 12,200 12,200
Utilities, Ph 1.
AF Andersen AFB Red Horse Headquarters/ 8,000 8,000
Engineering Facility.
Italy
AF Aviano AFB Air Support Operations 10,200 10,200
Squadron Facility.
AF Aviano AFB Dormitory (144 Rm).......... 19,000 19,000
Korea
AF Kunsan AFB Construct Distributed 7,500 7,500
Mission Training Flight
Simulator Facility.
Qatar
AF Al Udeid Blatchford-Preston Complex 62,300 62,300
Ph 3.
United Kingdom
AF Royal Air Force Extend Taxiway Alpha........ 15,000 15,000
Mildenhall
Worldwide Unspecified
AF Unspecified Worldwide F-35 Academic Training 54,150 0
Locations Center.
AF Unspecified Worldwide F-35 Flight Simulator 12,190 0
Locations Facility.
AF Unspecified Worldwide Planning & Design........... 66,336 66,336
Locations
AF Unspecified Worldwide Unspecified Minor 18,000 18,000
Locations Construction--FY11.
AF Various Worldwide F-35 Squadron Operations 10,260 0
Locations Facility.
Total Military Construction, Air Force 1,311,385 1,293,295
.........................
.......................
Arizona
Def-Wide Marana Special Operations Forces 0 0
Parachute Training Facility.
Def-Wide Yuma Special Operations Forces 8,977 8,977
Military Free Fall
Simulator.
California
Def-Wide Point Loma Annex Replce Storage Facility, 20,000 20,000
Incr 3.
Def-Wide Point Mugu Aircraft Direct Fueling 3,100 3,100
Station.
Colorado
Def-Wide Fort Carson Special Operations Forces 3,717 3,717
Tactical Unmanned Aerial
Vehicle Hangar.
District of Columbia
Def-Wide Bolling AFB Replace Parking Structure, 3,000 3,000
Ph 1.
Florida
Def-Wide Eglin AFB Special Operations Forces 6,030 6,030
Ground Support Battalion
Detachment.
Georgia
Def-Wide Augusta National Security Agency/ 12,855 12,855
Central Security Service
Georgia Training Facility.
Def-Wide Fort Benning Dexter Elementary School 2,800 2,800
Construct Gym.
Def-Wide Fort Benning Special Operations Forces 20,441 20,441
Company Support Facility.
Def-Wide Fort Benning Special Operations Forces 3,624 3,624
Military Working Dog Kennel
Complex.
Def-Wide Fort Stewart Health Clinic Addtion/ 35,100 35,100
Alteration.
Def-Wide Hunter Angs Fuel Unload Facility........ 2,400 2,400
Def-Wide Hunter Army Airfield Special Operations Forces 3,318 3,318
Tactical Equipment
Maintenance Facility
Expansion.
Hawaii
Def-Wide Hickam AFB Alter Fuel Storage Tanks.... 8,500 8,500
Def-Wide Pearl Harbor Naval Special Warfare Group 28,804 28,804
3 Command and Operations
Facility.
Idaho
Def-Wide Mountain Home AFB Replace Fuel Storage Tanks.. 27,500 27,500
Illinois
Def-Wide Scott Air Force Base Field Command Facility 1,388 1,388
Upgrade.
Kentucky
Def-Wide Fort Campbell Landgraf Hangar Addition, 0 0
160th Soar.
Def-Wide Fort Campbell Special Operations Forces 38,095 38,095
Battalion Ops Complex.
Maryland
Def-Wide Aberdeen Proving Ground US Army Medical Research 105,000 105,000
Institue of Infectious
Diseases Replacement, Inc 3.
Def-Wide Andrews AFB Replace Fuel Storage & 14,000 14,000
Distribution Facility.
Def-Wide Bethesda Naval Hospital National Naval Medical 17,100 17,100
Center Parking Expansion.
Def-Wide Bethesda Naval Hospital Transient Wounded Warrior 62,900 62,900
Lodging.
Def-Wide Fort Detrick Consolidated Logistics 23,100 23,100
Facility.
Def-Wide Fort Detrick Information Services 4,300 4,300
Facility Expansion.
Def-Wide Fort Detrick National Interagency 2,700 2,700
Biodefense Campus Security
Fencing and Equipment.
Def-Wide Fort Detrick Supplemental Water Storage.. 3,700 3,700
Def-Wide Fort Detrick US Army Medical Research 17,400 17,400
Institue of Infectious
Diseases--Stage I, Inc 5.
Def-Wide Fort Detrick Water Treatment Plant Repair 11,900 11,900
& Supplement.
Def-Wide Fort Meade North Campus Utility Plant, 219,360 219,360
Incr 1.
Massachusetts
Def-Wide Hanscom AFB Mental Health Clinic 2,900 2,900
Addition.
Mississippi
Def-Wide Stennis Space Center SOF Western Maneuver Area 0 0
(Phase II).
Def-Wide Stennis Space Center SOF Western Maneuver Area 0 0
(Phase III).
Def-Wide Stennis Space Center Special Operations Forces 0 0
Land Acquisition, Ph 3.
New Mexico
Def-Wide Cannon AFB Special Operations Forces 13,287 13,287
Add/Alt Simulator Facility
for MC-130.
Def-Wide Cannon AFB Special Operations Forces 12,636 12,636
Aircraft Parking Apron (MC-
130J).
Def-Wide Cannon AFB Special Operations Forces C- 26,006 26,006
130 Parking Apron Phase I.
Def-Wide Cannon AFB Special Operations Forces 24,622 24,622
Hangar/AMU (MC-130J).
Def-Wide Cannon AFB Special Operations Forces 39,674 39,674
Operations and Training
Complex.
Def-Wide White Sands Health and Dental Clinics... 22,900 22,900
New York
Def-Wide U.S. Military Academy West Point MS Add/Alt....... 27,960 27,960
North Carolina
Def-Wide Camp Lejeune Tarawa Terrace I Elementry 16,646 16,646
School Replace School.
Def-Wide Fort Bragg Mcnair Elementry School-- 23,086 23,086
Replace School.
Def-Wide Fort Bragg Murray Elementry School-- 22,000 22,000
Replace School.
Def-Wide Fort Bragg SOF Baffle Containment for 0 0
Range 19C.
Def-Wide Fort Bragg SOF Medical Support Addition 0 0
Def-Wide Fort Bragg Special Operations Forces 10,347 10,347
Admin/Company Operations.
Def-Wide Fort Bragg Special Operations Forces C4 41,000 41,000
Facility.
Def-Wide Fort Bragg Special Operations Forces 32,000 32,000
Joint Intelligence Brigade
Facility.
Def-Wide Fort Bragg Special Operations Forces 11,000 11,000
Operational Communications
Facility.
Def-Wide Fort Bragg Special Operations Forces 15,795 15,795
Operations Additions.
Def-Wide Fort Bragg Special Operations Forces 13,465 13,465
Operations Support Facility.
Ohio
Def-Wide Columbus Replace Public Safety 7,400 7,400
Facility.
Pennsylvania
Def-Wide Def Distribution Depot Replace Headquarters 96,000 96,000
New Cumberland Facility.
Texas
Def-Wide Fort Bliss Hospital Replacement, Incr 2 147,100 147,100
Def-Wide Lackland AFB Ambulatory Care Center, Ph 2 162,500 162,500
Utah
Def-Wide Camp Williams Comprehensive National 398,358 398,358
Cybersecurity Initiative
Data Center Increment 2.
Virginia
Def-Wide Craney Island Replace Fuel Pier........... 58,000 58,000
Def-Wide Fort Belvoir Dental Clinic Replacement... 6,300 6,300
Def-Wide Pentagon Pentagon Metro & Corridor 8 6,473 6,473
Screening Facility.
Def-Wide Pentagon Power Plant Modernization, 51,928 51,928
Ph 3.
Def-Wide Pentagon Secure Access Lane-Remote 4,923 4,923
Vehicle Screening.
Def-Wide Quantico New Consolidated Elemetary 47,355 47,355
School.
Washington
Def-Wide Fort Lewis Preventive Medicine Facility 8,400 8,400
Def-Wide Fort Lewis Special Operations Forces 0 0
Military Working Dogs
Kennel.
Belgium
Def-Wide Brussels NATO Headquarters Facility.. 31,863 31,863
Def-Wide Brussels Replace Shape Middle School/ 67,311 67,311
High School.
Germany
Def-Wide Katterbach Health/Dental Clinic 37,100 37,100
Replacement.
Def-Wide Panzer Kaserne Replace Boeblingen High 48,968 48,968
School.
Def-Wide Vilseck Health Clinic Add/Alt....... 34,800 34,800
Guam
Def-Wide Agana NAS Hospital Replacement, Incr 2 70,000 0
Japan
Def-Wide Kadena AB Install Fuel Filters- 3,000 3,000
Separators.
Def-Wide Misawa AB Hydrant Fuel System......... 31,000 31,000
Korea
Def-Wide Camp Carroll Health/Dental Clinic 19,500 19,500
Replacement.
Qatar
Def-Wide Al Udeid Qatar Warehouse............. 1,961 1,961
Puerto Rico
Def-Wide Fort Buchanan Antilles Elementry School/ 58,708 58,708
Intermediate School--
Replace School.
United Kingdom
Def-Wide Menwith Hill Station Menwith Hill Station PSC 2,000 2,000
Construction--Generators 10
& 11.
Def-Wide Royal Air Force Alconbury Elementry School 30,308 30,308
Alconbury Replacement.
Def-Wide Royal Air Force Replace Hydrant Fuel 15,900 15,900
Mildenhall Distribution System.
Various Locations
Def-Wide Unspecified Worldwide General Reduction........... 0 0
Locations
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction.... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Energy Conservation 120,000 120,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Planning and Design (DODEA). 79,763 79,763
Locations
Def-Wide Unspecified Worldwide Planning and Design (DSS)... 1,988 1,988
Locations
Def-Wide Unspecified Worldwide Planning and Design (NSA)... 28,239 28,239
Locations
Def-Wide Unspecified Worldwide Planning and Design (SOCOM). 30,836 30,836
Locations
Def-Wide Unspecified Worldwide Planning and Design (TMA)... 230,300 230,300
Locations
Def-Wide Unspecified Worldwide Planning and Design 54,221 54,221
Locations (Undistributed).
Def-Wide Unspecified Worldwide Planning and Design (WHS)... 6,270 6,270
Locations
Def-Wide Unspecified Worldwide Planning and Design-ECIP.... 0 0
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 13,841 13,841
Locations Construction (DODEA).
Def-Wide Unspecified Worldwide Unspecified Minor 8,210 8,210
Locations Construction (JCS).
Def-Wide Unspecified Worldwide Unspecified Minor 4,884 4,884
Locations Construction (TMA).
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction
(Undistributed).
Def-Wide Various Worldwide Unspecified Minor 5,258 5,258
Locations Construction (DLA).
Def-Wide Various Worldwide Unspecified Minor 7,663 7,663
Locations Construction (SOCOM).
Total Military Construction, Defense-Wide 3,118,062 3,048,062
.........................
.......................
Colorado
Chem Demil Pueblo Depot Ammunition Demilitarization 65,569 65,569
Facility, Ph 12.
Kentucky
Chem Demil Blue Grass Army Depot Ammunition Demilitarization 59,402 59,402
Ph 11.
Total Chemical Demilitarization Construction, Defense 124,971 124,971
.........................
.......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 258,884 258,884
Investment Program Program.
Total NATO Security Investment Program 258,884 258,884
.........................
.......................
Alabama
Army NG Fort Mcclellan Live Fire Shoot House....... 0 0
Arizona
Army NG Florence Readiness Center............ 16,500 16,500
Arkansas
Army NG Camp Robinson Combined Support Maintenance 30,000 30,000
Shop.
Army NG Fort Chaffee Combined Arms Collective 19,000 19,000
Training Facility.
Army NG Fort Chaffee Convoy Live Fire/Entry 0 0
Control Point Range.
Army NG Fort Chaffee Live Fire Shoot House....... 2,500 2,500
California
Army NG Camp Roberts Combined Arms Collective 19,000 19,000
Training Facility.
Colorado
Army NG Colorado Springs Readiness Center............ 20,000 20,000
Army NG Fort Carson Regional Training Institute. 40,000 40,000
Army NG Gypsum High Altitude Army Aviation 39,000 39,000
Training Site/Army Aviation
Support Facility.
Army NG Watkins Parachute Maintenance 0 0
Facility.
Army NG Windsor Readiness Center............ 7,500 7,500
Connecticut
Army NG Windsor Locks Readiness Center (Aviation). 41,000 41,000
Delaware
Army NG New Castle Armed Forces Reserve 27,000 27,000
Center(JFHQ).
Georgia
Army NG Cumming Readiness Center............ 17,000 17,000
Army NG Dobbins ARB Readiness Center Add/Alt.... 10,400 10,400
Hawaii
Army NG Kalaeloa Combined Support Maintenance 38,000 38,000
Shop.
Idaho
Army NG Gowen Field Barracks (Operational 17,500 17,500
Readiness Training Complex)
Ph1.
Army NG Mountain Home Tactical Unmanned Aircraft 6,300 6,300
System Facility.
Illinois
Army NG Marseilles TA Simulation Center........... 0 0
Army NG Springfield Combined Support Maintenance 15,000 15,000
Shop Add/Alt.
Iowa
Army NG Camp Dodge Combined Arms Collective 0 0
Training Facility.
Kansas
Army NG Topeka Army Aviation Taxiway, Parking Ramps and 0 0
Support Facility Hanger Alterations.
Army NG Wichita Field Maintenance Shop...... 24,000 24,000
Army NG Wichita Readiness Center............ 43,000 43,000
Kentucky
Army NG Burlington Readiness Center............ 19,500 19,500
Louisiana
Army NG Fort Polk Tactical Unmanned Aircraft 5,500 5,500
System Facility.
Army NG Minden Readiness Center............ 28,000 28,000
Maryland
Army NG St. Inigoes Tactical Unmanned Aircraft 5,500 5,500
System Facility.
Massachusetts
Army NG Hanscom AFB Armed Forces Reserve 23,000 23,000
Center(JFHQ)Ph2.
Michigan
Army NG Camp Grayling Range Barracks Replacement, Phase 0 0
Ii.
Army NG Camp Grayling Range Combined Arms Collective 19,000 19,000
Training Facility.
Army NG Camp Grayling Range Light Demolition Range...... 0 0
Minnesota
Army NG Arden Hills Field Maintenance Shop...... 29,000 29,000
Army NG Camp Ripley Infantry Squad Battle Course 4,300 4,300
Army NG Camp Ripley Tactical Unmanned Aircraft 4,450 4,450
System Facility.
Missouri
Army NG Fort Leonard Wood Regional Training Institute. 0 0
Nebraska
Army NG Lincoln Readiness Center Add/Alt.... 3,300 3,300
Army NG Mead Readiness Center............ 11,400 11,400
Nevada
Army NG Las Vegas Cst Ready Building.......... 0 0
Army NG Nevada National Guard Las Vegas Field Maintenance 0 0
Shop.
New Hampshire
Army NG Pembroke Barracks Facility (Regional 15,000 15,000
Training Institute).
Army NG Pembroke Classroom Facility (Regional 21,000 21,000
Training Institute).
New Mexico
Army NG Farmington Readiness Center Add/Alt.... 8,500 8,500
New York
Army NG Ronkonkoma Flightline Rehabilitation... 0 0
North Carolina
Army NG High Point Readiness Center Add/Alt.... 1,551 1,551
Army NG Morrisville Aasf 1 Fixed Wing Aircraft 0 0
Hangar Annex.
North Dakota
Army NG Camp Grafton Readiness Center Add/Alt.... 11,200 11,200
Ohio
Army NG Camp Sherman Maintenance Building Add/Alt 0 0
Rhode Island
Army NG East Greenwich United States Property & 27,000 27,000
Fiscal Office.
Army NG Middletown Readiness Center Add/Alt.... 0 0
South Dakota
Army NG Watertown Readiness Center............ 25,000 25,000
Texas
Army NG Camp Maxey Combat Pistol/Military 2,500 2,500
Pistol Qualification Course.
Army NG Camp Swift Urban Assault Course........ 2,600 2,600
Washington
Army NG Tacoma Combined Support Maintenance 25,000 25,000
Shop.
West Virginia
Army NG Moorefield Readiness Center............ 14,200 14,200
Army NG Morgantown Readiness Center............ 21,000 21,000
Wisconsin
Army NG Madison Aircraft Parking............ 5,700 5,700
Army NG Wausau Field Maintenance Shop...... 0 0
Wyoming
Army NG Laramie Field Maintenance Shop...... 14,400 14,400
Guam
Army NG Barrigada Combined Support Maint Shop 19,000 19,000
Ph1.
Puerto Rico
Army NG Camp Santiago Live Fire Shoot House....... 3,100 3,100
Army NG Camp Santiago Multipurpose Machine Gun 9,200 9,200
Range.
Virgin Islands
Army NG St. Croix Readiness Center (JFHQ)..... 25,000 25,000
Unspecified
Army NG Varlocs Varlocs..................... 0 0
Worldwide Unspecified
Army NG Unspecified Worldwide Planning & Design........... 25,663 25,663
Locations
Army NG Unspecified Worldwide Unspecified Minor 11,400 11,400
Locations Construction.
Total Military Construction, Army National Guard 873,664 873,664
.........................
.......................
California
Army Res Fairfield Army Reserve Center......... 26,000 26,000
Army Res Fort Hunter Liggett Equipment Concentration Site 22,000 22,000
Tactical Equipment Maint
Facility.
Army Res Fort Hunter Liggett Equipment Concentration Site 15,000 15,000
Warehouse.
Army Res Fort Hunter Liggett Grenade Launcher Range...... 1,400 1,400
Army Res Fort Hunter Liggett Hand Grenade Familiarization 1,400 1,400
Range (Live).
Army Res Fort Hunter Liggett Light Demolition Range...... 2,700 2,700
Army Res Fort Hunter Liggett Tactical Vehicle Wash Rack.. 9,500 9,500
Florida
Army Res North Fort Myers Army Reserve Center/Land.... 13,800 13,800
Army Res Orlando Army Reserve Center/Land.... 10,200 10,200
Army Res Tallahassee Army Reserve Center/Land.... 10,400 10,400
Georgia
Army Res Macon Army Reserve Center/Land.... 11,400 11,400
Illinois
Army Res Quincy Army Reserve Center/Land.... 12,200 12,200
Army Res Rockford Usarc Army Reserve Center......... 0 0
Indiana
Army Res Michigan City Army Reserve Center/Land.... 15,500 15,500
Iowa
Army Res Des Moines Army Reserve Center......... 8,175 8,175
Massachusetts
Army Res Devens Reserve Forces Automated Record Fire Range. 4,700 4,700
Training Area
Missouri
Army Res Belton Army Reserve Center......... 11,800 11,800
New Jersey
Army Res Fort Dix Automated Multipurpose 0 0
Machine Gun Range.
New Mexico
Army Res Las Cruces Army Reserve Center/Land.... 11,400 11,400
New York
Army Res Binghamton Army Reserve Center/Land.... 13,400 13,400
Texas
Army Res Denton Army Reserve Center/Land.... 12,600 12,600
Army Res Fort Hood Army Reserve Center......... 0 0
Army Res Rio Grande Army Reserve Center/Land.... 6,100 6,100
Army Res San Marcos Army Reserve Center/Land.... 8,500 8,500
Virginia
Army Res Fort A.P. Hill Army Reserve Center......... 15,500 15,500
Army Res Fort Story Army Reserve Center......... 11,000 11,000
Army Res Roanoke Army Reserve Center/Land.... 14,800 14,800
Wisconsin
Army Res Fort Mccoy AT/MOB Billeting Complex, Ph 9,800 9,800
1.
Army Res Fort Mccoy Nco Academy, Ph 2........... 10,000 10,000
Unspecified
Army Res Varlocs Varlocs..................... 0 0
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design......... 25,900 25,900
Locations
Army Res Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Total Military Construction, Army Reserve 318,175 318,175
.........................
.......................
California
N/MC Res Twentynine Palms Tank Vehicle Maintenance 5,991 5,991
Facility.
Louisiana
N/MC Res New Orleans Joint Air Traffic Control 16,281 16,281
Facility.
Virginia
N/MC Res Williamsburg Navy Ordnance Cargo 21,346 21,346
Logistics Training Camp.
Washington
N/MC Res Yakima Marine Corps Reserve Center. 13,844 13,844
Unspecified
N/MC Res Varlocs Varlocs..................... 0 0
N/MC Res Varlocs Varlocs..................... 0 0
Worldwide Unspecified
N/MC Res Unspecified Worldwide Mcnr Unspecified Minor 2,238 2,238
Locations Construction.
N/MC Res Unspecified Worldwide Planning and Design......... 1,857 1,857
Locations
Total Military Construction, Naval Reserve 61,557 61,557
.........................
.......................
Alabama
Air NG Montgomery Regional Fuel Cell and Corrosion 7,472 7,472
Airport (ANG) Base Control Hangar.
Air NG Montgomery Regional Replace Squad Ops Facility.. 0 0
Airport (ANG) Base
Alaska
Air NG Eielson AFB Add/Alter Communications 0 0
Facility.
Arizona
Air NG Davis Monthan AFB TFI--Predator FOC--Increased 4,650 4,650
Mission Orbit Tasking.
Air NG Fort Huachuca Total Force Integration-- 0 11,000
Predator Launch and
Recovery Element Beddown.
Arkansas
Air NG Little Rock AFB Fuel Cell and Corrosion 0 0
Control Hangar.
Colorado
Air NG Buckely AFB Taxiway Juliet and Lima..... 0 0
Delaware
Air NG New Castle County C-130 Aircraft Maintenance 0 0
Airport Shops (Phase III).
Air NG New Castle County Joint Forces Operations 1,500 1,500
Airport Center-ANG Share.
Florida
Air NG Jacksonville IAP Security Forces Training 6,700 6,700
Facility.
Georgia
Air NG Savannah/Hilton Head Relocate Air Supt Opers Sqdn 7,450 7,450
IAP (Asos) Fac.
Hawaii
Air NG Hickam AFB F-22 Beddown Intrastructure 5,950 5,950
Support.
Air NG Hickam AFB F-22 Hangar, Squadron 48,250 48,250
Operations and AMU.
Air NG Hickam AFB F-22 Upgrade Munitions 17,250 17,250
Complex.
Illinois
Air NG Capital Map CNAF Beddown-Upgrade 16,700 16,700
Facilities.
Indiana
Air NG Hulman Regional Airport Asos Beddown-Upgrade 4,100 4,100
Facilities.
Iowa
Air NG Des Moines Corrosion Control Hangar.... 0 0
Air NG Des Moines IAP Corrosion Control Hangar.... 0 0
Maryland
Air NG Martin State Airport Replace Ops and Medical 11,400 11,400
Training Facility.
Massachusetts
Air NG Barnes ANGB Add to Aircraft Maintenance 0 0
Hangar.
Air NG Barnes Municipal Additions and Renovations to 0 0
Airport Building 15.
Michigan
Air NG Alpena Combat Readiness Replace Troop Quarters, 0 0
Training Center Phase II.
Minnesota
Air NG Duluth Load Crew Training and 0 0
Weapon Release Shops.
New Jersey
Air NG 177th Fighter Wing, Fuel Cell and Corrosion 0 0
Atlantic City Control Hanger.
Air NG Atlantic City IAP Fuel Cell and Corrosion 0 0
Control Hangar.
New York
Air NG Fort Drum Reaper Infrastructure 2,500 2,500
Support.
Air NG Stewart IAP Aircraft Conversion Facility 0 0
Air NG Stewart IAP Base Defense Group Beddown.. 14,250 14,250
North Carolina
Air NG Stanly County Airport Upgrade Asos Facilities..... 2,000 2,000
Ohio
Air NG Toledo Express Airport Replace Security Forces 0 0
Complex.
Air NG Toledo Express Airport Replace Security Forces 0 0
Complex.
Oregon
Air NG Kingsley Field ANG Base Replace Fire Station........ 0 0
Pennsylvania
Air NG State College Angs Add to and Alter AOS 4,100 4,100
Facility.
Rhode Island
Air NG Quonset State Airport C-130 Parking Apron......... 0 0
South Carolina
Air NG Mcentire Training/Operations Center.. 0 0
Air NG Mcentire Joint National Replace Operations and 0 0
Guard Base Training.
South Dakota
Air NG Joe Foss Field Aircraft Maintenance Shops.. 0 0
Tennessee
Air NG Mcghee Tyson ANG Base Hobbs Road Acquisition...... 0 0
Air NG Nashville IAP Renovate Intel Squadron 5,500 5,500
Facilities.
Texas
Air NG Ellington Field Upgrade Unmanned Aerial 0 7,000
Vehicle Maintenance Hangar.
Vermont
Air NG Burlington Upgrade Taxiways and Replace 0 0
International Airport Arm/Disarm Pads.
West Virginia
Air NG Yeager AFB Communications Training Fac. 0 0
Air NG Yeager AFB Force Protection/ 0 0
Antiterrorism.
Wisconsin
Air NG General Mitchell Replace Fire Station........ 0 0
International Airport
Unspecified
Air NG Varlocs Varlocs..................... 0 0
Worldwide Unspecified
Air NG Unspecified Worldwide Minor Construction.......... 8,000 8,000
Locations
Air NG Unspecified Worldwide Planning & Design........... 9,214 9,214
Locations
Total Military Construction, Air National Guard 176,986 194,986
.........................
.......................
Florida
AF Res Patrick AFB Weapons Maintenance Facility 3,420 3,420
New York
AF Res Niagara ARS C-130 Flightline Operations 0 0
Facility, Ph 1.
Unspecified
AF Res Varlocs Varlocs..................... 0 0
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design......... 1,653 1,653
Locations
AF Res Various Worldwide Unspecified Minor 2,759 2,759
Locations Construction.
Total Military Construction, Air Force Reserve 7,832 7,832
.........................
.......................
Alaska
FH Con Army Fort Wainwright Family Housing Replacement 21,000 21,000
Constrution (110 Units).
Germany
FH Con Army Baumholder Family Housing Replacement 34,329 34,329
Construction (64 Units).
Worldwide Unspecified
FH Con Army Unspecified Worldwide Construction Improvements 35,000 35,000
Locations (235 Units).
FH Con Army Unspecified Worldwide Family Housing Planning & 2,040 2,040
Locations Design.
Total, Family Housing Construction, Army 92,369 92,369
.........................
.......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Leasing..................... 203,184 203,184
Locations
FH Ops Army Unspecified Worldwide Maintenance of Real Property 120,899 120,899
Locations
FH Ops Army Unspecified Worldwide Miscellaneous Account....... 1,201 1,201
Locations
FH Ops Army Unspecified Worldwide Operations.................. 96,142 96,142
Locations
FH Ops Army Unspecified Worldwide Privatization Support Costs. 27,059 27,059
Locations
FH Ops Army Unspecified Worldwide Utilities Account........... 69,655 69,655
Locations
Total, Family Housing Operation And Maintenance, Army 518,140 518,140
.........................
.......................
Guantanamo Bay, Cuba
FH Con Navy Guantanamo Bay Replace GTMO Housing........ 37,169 37,169
Total, Family Housing Construction, Navy And Marine Corps 37,169 37,169
.........................
.......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Classified Project.......... 50 0
Locations
FH Con AF Unspecified Worldwide Construction Improvments.... 73,750 73,800
Locations
Total, Family Housing Construction, Air Force 73,800 73,800
.........................
.......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design...................... 3,255 3,255
Locations
FH Con Navy Unspecified Worldwide Improvements................ 146,020 146,020
Locations
Total Family Housing Construction, Navy And Marine Corps 149,275 149,275
.........................
.......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Planning & Design........... 4,225 4,225
Locations
Total Family Housing Construction, Air Force 4,225 4,225
.........................
.......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings Account......... 14,478 14,478
Locations
FH Ops Navy Unspecified Worldwide Leasing..................... 97,484 97,484
Locations
FH Ops Navy Unspecified Worldwide Maintenance of Real Property 87,134 87,134
Locations
FH Ops Navy Unspecified Worldwide Management Account.......... 63,551 63,551
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous Account....... 464 464
Locations
FH Ops Navy Unspecified Worldwide Privatization Support Costs. 26,526 26,526
Locations
FH Ops Navy Unspecified Worldwide Services Account............ 16,790 16,790
Locations
FH Ops Navy Unspecified Worldwide Utilities Account........... 59,919 59,919
Locations
Total Family Housing Operation And Maintenance, Navy And Marine Corps 366,346 366,346
.........................
.......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings Account......... 35,399 35,399
Locations
FH Ops AF Unspecified Worldwide Housing Privatization....... 53,903 53,903
Locations
FH Ops AF Unspecified Worldwide Leasing..................... 95,143 95,143
Locations
FH Ops AF Unspecified Worldwide Leasing Account............. 528 528
Locations
FH Ops AF Unspecified Worldwide Maintenance................. 159,725 159,725
Locations
FH Ops AF Unspecified Worldwide Maintenance Account......... 1,971 1,971
Locations
FH Ops AF Unspecified Worldwide Management Account.......... 1,561 1,561
Locations
FH Ops AF Unspecified Worldwide Management Account.......... 54,633 54,633
Locations
FH Ops AF Unspecified Worldwide Miscellaneous Account....... 1,710 1,710
Locations
FH Ops AF Unspecified Worldwide Services Account............ 19,974 19,974
Locations
FH Ops AF Unspecified Worldwide Utilities Account........... 89,245 89,245
Locations
Total Family Housing Operation And Maintenance, Air Force 513,792 513,792
.........................
.......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings Account......... 4,501 4,501
Locations
FH Ops DW Unspecified Worldwide Furnishings Account......... 18 18
Locations
FH Ops DW Unspecified Worldwide Leasing..................... 10,293 10,293
Locations
FH Ops DW Unspecified Worldwide Leasing..................... 34,124 34,124
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real Property 707 707
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real Property 70 70
Locations
FH Ops DW Unspecified Worldwide Management Account.......... 365 365
Locations
FH Ops DW Unspecified Worldwide Operations.................. 50 50
Locations
FH Ops DW Unspecified Worldwide Services Account............ 29 29
Locations
FH Ops DW Unspecified Worldwide Utilities Account........... 10 10
Locations
FH Ops DW Unspecified Worldwide Utilities Account........... 297 297
Locations
Total Family Housing Operation And Maintenance, Defense-Wide 50,464 50,464
.........................
.......................
Worldwide Unspecified
HOAP Unspecified Worldwide Homeowers Assistance Program 16,515 16,515
Locations
Total Homeowners Assistance Fund 16,515 16,515
.........................
.......................
Worldwide Unspecified
FHIF Unspecified Worldwide Family Housing Improvement 1,096 1,096
Locations Fund.
Total DOD Family Housing Improvement Fund 1,096 1,096
.........................
.......................
Maryland
BRAC 05 Bethesda (Wrnmmc) Defense Access Roads-- 20,000 20,000
Medical Center Entrance.
BRAC 05 Bethesda (Wrnmmc) Traffic Mitigation, Incr 2.. 7,600 7,600
Texas
BRAC 05 Fort Sam Houston San Antonio Military Medical 93,941 93,941
Center (North), Incr 4.
Virginia
BRAC 05 Fort Belvoir Hospital Replacement, Incr 5 63,637 63,637
BRAC 05 Fort Belvoir NGA Headquarters Facility... 83,328 83,328
BRAC 05 Fort Belvoir Office Complex, Incr 4...... 5,610 5,610
Worldwide Unspecified
BRAC 05 Unspecified Worldwide Rescission.................. 0 0
Locations
BRAC 05 Various Environmental............... 19,555 19,555
BRAC 05 Various Environmental............... 73,511 73,511
BRAC 05 Various Environmental............... 15,201 15,201
BRAC 05 Various Military Personnel Permanent 1,456 1,456
Change of Station.
BRAC 05 Various Military Personnel Permanent 1,277 1,277
Change of Station.
BRAC 05 Various Operation and Maintenance... 476,764 476,764
BRAC 05 Various Operation and Maintenance... 99,570 99,570
BRAC 05 Various Operation and Maintenance... 887,231 887,231
BRAC 05 Various Operation and Maintenance... 321,888 321,888
BRAC 05 Various Other....................... 121,584 121,584
BRAC 05 Various Other....................... 3,601 3,601
BRAC 05 Various Other....................... 6,853 6,853
BRAC 05 Various Other....................... 51,678 51,678
Total Base Realignment and Closure Account 2005 2,354,285 2,354,285
.........................
.......................
Worldwide Unspecified
BRAC IV Base Realignment & Base Realignment & Closure.. 124,874 124,874
Closure, Air Force
BRAC IV Base Realignment & Base Realignment & Closure.. 73,600 73,600
Closure, Army
BRAC IV Base Realignment & Base Realignment & Closure.. 162,000 162,000
Closure, Navy
Total Base Realignment and Closure Account 1990 360,474 360,474
.........................
.......................
Unspecified
GR Unspecified Worldwide General Reductions.......... 0 0
Locations
Total General Reductions 0
.........................
.......................
Total Military Construction 18,747,368 18,190,547
----------------------------------------------------------------------------------------------------------------
SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Afghanistan
Army Airborne Rotary Wing Parking......... 1,200 0
Army Bagram AFB Army Aviation HQ Facilities. 0 0
Army Bagram AFB Barracks.................... 0 0
Army Bagram AFB Command & Control Facility.. 13,600 13,600
Army Bagram AFB Consolidated Community 0 0
Support Area.
Army Bagram AFB Consolidated Laboratory..... 0 13,800
Army Bagram AFB Counter-Improvised Explosive 24,000 24,000
Device Task Force Compound.
Army Bagram AFB Detention Facility in Parwan 23,000 0
Detainee Housing.
Army Bagram AFB Dining Facility............. 2,650 6,000
Army Bagram AFB Eastside Electrical 0 0
Distribution.
Army Bagram AFB Eastside Utilities 0 0
Infrastructure.
Army Bagram AFB Entry Control Point......... 0 0
Army Bagram AFB Joint Defense Operations 0 0
Center.
Army Bagram AFB Military Police HQ.......... 2,800 5,500
Army Bagram AFB Replace Temporary Guard 5,500 5,500
Towers.
Army Bagram AFB Role III Hospital........... 35,000 42,000
Army Bagram AFB Tanker Truck Off-Load 5,700 0
Facility.
Army Bagram AFB Task Force Freedom Compound. 18,000 18,000
Army Bagram AFB Troop Housing, Ph 4......... 23,000 23,000
Army Bagram AFB Troop Housing, Ph 5......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 6......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 7......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 8......... 29,000 29,000
Army Bagram AFB Vet Clinic & Kennel......... 2,600 2,600
Army Delaram Ii Entry Control Point and 0 4,400
Access Roads.
Army Dwyer Dining Facility............. 6,000 9,000
Army Dwyer Entry Control Point......... 5,100 5,100
Army Dwyer Rotary Wing Apron........... 44,000 44,000
Army Dwyer Wastewater Treatment 16,000 16,000
Facility.
Army Frontenac Waste Management Complex.... 4,200 4,200
Army Frontenac Wastewater Treatment 4,200 4,200
Facility.
Army Jalalabad Rotary Wing Parking......... 1,100 0
Army Kandahar Command & Control Facility.. 5,200 5,200
Army Kandahar North Area Utilities, Ph 2.. 21,000 26,000
Army Kandahar Special Operations Forces 6,000 9,200
Joint Operations Center.
Army Kandahar Troop Housing, Ph 4......... 20,000 20,000
Army Kandahar Troop Housing, Ph 5......... 20,000 20,000
Army Kandahar Troop Housing, Ph 6......... 20,000 0
Army Kandahar Troop Housing, Ph 7......... 20,000 0
Army Maywand Wastewater Treatment 7,000 7,000
Facility.
Army Shank Ammunition Supply Point..... 25,000 23,000
Army Shank Electrical Utility Systems, 0 6,400
Ph 2.
Army Shank Expand Extended Cooperation 16,000 16,000
Programme 1 and Extended
Cooperation Programme 2.
Army Shank Guard Towers................ 2,400 5,200
Army Shank Roads and Utilities, Ph 1... 8,000 25,000
Army Shank Special Operations Forces 0 15,000
Parking Apron.
Army Shank Wastewater Treatment Plant.. 0 7,700
Army Sharana Bulk Materials Transfer 12,400 12,400
Station.
Army Shindand Medical Facility............ 7,700 0
Army Shindand Waste Management Complex.... 0 6,100
Army Tarin Kowt Medical Facility............ 5,500 0
Army Tarin Kowt Rotary Wing Parking and 24,000 24,000
Taxiway, Ph 2.
Army Tarin Kowt Wastewater Treatment 4,200 5,600
Facility.
Army Tombstone/Bastion Command & Control HQ........ 0 13,600
Army Tombstone/Bastion Contingency Housing......... 41,000 0
Army Tombstone/Bastion Dining Facility............. 12,800 27,000
Army Tombstone/Bastion Paved Roads................. 0 9,800
Army Tombstone/Bastion Rotary Wing Parking......... 35,000 35,000
Army Tombstone/Bastion Waste Management Complex 0 14,200
Expansion.
Army Tombstone/Bastion Wastewater Treatment 13,000 13,000
Facility.
Army Various Locations Air Pollution Abatement..... 0 0
Army Various Locations Community Facilities........ 0 0
Army Various Locations Hospital and Medical 0 0
Facilities.
Army Various Locations Operational Facilities...... 0 0
Army Various Locations Route Gypsum, Ph 1.......... 40,000 50,000
Army Various Locations Route Gypsum, Ph 2.......... 0 50,000
Army Various Locations Supply Facilities........... 0 0
Army Various Locations Supporting Activities....... 0 0
Army Various Locations Troop Housing Facilities.... 0 0
Army Various Locations Utility Facilities.......... 0 0
Army Wolverine Perimeter Fence............. 5,100 0
Army Wolverine Rotary Wing Apron........... 24,000 0
Army Wolverine Wastewater Treatment 13,000 13,000
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Minor Construction.......... 78,330 78,330
Locations
Army Unspecified Worldwide Planning & Design........... 89,716 79,716
Locations
Army Unspecified Worldwide Rescission (Public Law 111- 0 0
Locations 117).
Army Unspecified Worldwide Transfer to DOD Inspector 0 7,000
Locations General.
Total Military Construction, Army 929,996 981,346
.........................
.......................
Bahrain Island
Navy Sw Asia Navy Central Command 0 0
Ammunition Magazines.
Navy Sw Asia Operations & Support 0 0
Facilities.
Djibouti
Navy Camp Lemonier General Warehouse........... 0 0
Navy Camp Lemonier Pave External Roads......... 0 0
Total Military Construction, Navy 0
.........................
.......................
Afghanistan
AF Bagram AFB Consolidated Rigging 0 0
Facility.
AF Bagram AFB Fighter Hanger.............. 0 0
AF Bagram AFB Medevac Ramp Expansion/Fire 0 0
Station.
AF Kandahar Expand Cargo Handling Area.. 7,100 0
AF Kandahar Expeditionary Airlift 7,400 0
Shelter.
AF Sharana Runway...................... 35,000 0
AF Shindand Passenger & Cargo Terminal.. 15,800 0
AF Tombstone/Bastion Expand Fuels Operations and 2,500 0
Storage.
AF Tombstone/Bastion Parallel Taxiway............ 86,000 0
AF Tombstone/Bastion Refueler Apron.............. 55,000 0
AF Various Locations Maintenance and Production 0 0
Facilities.
AF Various Locations Operational Facilities...... 0 0
AF Various Locations Supply Facilities........... 0 0
AF Warrior Runway...................... 8,700 0
Bahrain Island
AF Sw Asia North Apron Expansion....... 0 0
Oman
AF AL Musannah Airlift Ramp & Fuel 0 69,000
Facilities.
Qatar
AF AL Udeid Blatchford-Preston Complex, 0 0
Ph 3.
AF AL Udeid Tactical Ramp/Vehicle 0 63,000
Maintenance Facility.
Worldwide Unspecified
AF Unspecified Worldwide Planning & Design........... 13,422 13,422
Locations
AF Unspecified Worldwide Rescission (Public Law 111- 0 0
Locations 117).
AF Unspecified Worldwide Unspecified Minor 49,584 49,584
Locations Construction--FY11 OCO.
Total Military Construction, Air Force 280,506 195,006
.........................
.......................
Conus Classified
Def-Wide Classified Location Classified Project.......... 41,900 41,900
Def-Wide Worldwide Unspecified Planning and Design......... 4,600 4,600
Qatar
Def-Wide AL Udeid Qatar Warehouse............. 0 0
Total Military Construction, Defense-Wide 46,500 46,500
.........................
.......................
Total Military Construction 1,257,002 1,222,852
----------------------------------------------------------------------------------------------------------------
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the
nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget requests
with respect to the modernization and refurbishment of the
nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of
Energy projects.
Sec. 3115. Establishment of cooperative research and development
centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for appointment
of certain scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into
transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International
Materials Protection, Control, and Accounting Program of the
Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico, and held in trust
for the Pueblo of San Ildefonso.
Sec. 3121. Repeal of sunset provision for modification of minor
construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative
research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 3124. Department of Energy energy parks program.
Subtitle C--Reports
Sec. 3131. Report on graded security protection policy.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2011 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$11,214,755,000, to be allocated as follows:
(1) For weapons activities, $7,028,835,000.
(2) For defense nuclear nonproliferation activities,
$2,667,167,000.
(3) For naval reactors, $1,070,486,000.
(4) For the Office of the Administrator for Nuclear Security,
$448,267,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) Project 11-D-801, reinvestment project phase 2, Los Alamos
National Laboratory, Los Alamos, New Mexico, $20,000,000.
(2) Project 11-D-601, sanitary effluent reclamation facility
expansion, Los Alamos National Laboratory, Los Alamos, New Mexico,
$15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,588,039,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for other defense activities in carrying
out programs necessary for national security in the amount of
$878,209,000.
SEC. 3104. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for energy security and assurance programs
necessary for national security in the amount of $6,188,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. AIRCRAFT PROCUREMENT.
Of the amounts authorized to be appropriated and made available for
obligation under section 3101(1) for weapons activities for any fiscal
year before fiscal year 2012, the Secretary of Energy may procure not
more than two aircraft.
SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR SECURITY COMPLEX.
(a) In General.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after
section 4203 the following new section:
``SEC. 4203A. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR SECURITY COMPLEX.
``(a) In General.--In each even-numbered year, beginning in 2012,
the Administrator for Nuclear Security shall include in the plan for
maintaining the nuclear weapons stockpile required by section 4203 a
plan for the modernization and refurbishment of the nuclear security
complex.
``(b) Plan Design.--
``(1) In general.--The plan required by subsection (a) shall be
designed to ensure that the nuclear security complex is capable of
supporting the following:
``(A) Except as provided in paragraph (2), the national
security strategy of the United States as set forth in the most
recent national security strategy report of the President under
section 108 of the National Security Act of 1947 (50 U.S.C.
404a).
``(B) The nuclear posture of the United States as set forth
in the most recent Nuclear Posture Review.
``(2) Exception.--If, at the time the plan is submitted under
subsection (a), a national security strategy report has not been
submitted to Congress under section 108 of the National Security
Act of 1947 (50 U.S.C. 404a), the plan required by subsection (a)
shall be designed to ensure that the nuclear security complex is
capable of supporting the national defense strategy recommended in
the report of the most recent Quadrennial Defense Review.
``(c) Plan Elements.--The plan required by subsection (a) shall
include the following:
``(1) A description of the modernization and refurbishment
measures the Administrator determines necessary to meet the
requirements of--
``(A) the national security strategy of the United States
as set forth in the most recent national security strategy
report of the President under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a) or the national defense
strategy recommended in the report of the most recent
Quadrennial Defense Review, as applicable under subsection (b);
and
``(B) the Nuclear Posture Review.
``(2) A schedule for implementing the measures described in
paragraph (1) during the ten years following the date on which the
plan for maintaining the nuclear weapons stockpile required by
section 4203 and into which the plan required by subsection (a) is
incorporated is submitted to Congress under section 4203(c).
``(3) Consistent with the budget justification materials
submitted to Congress in support of the Department of Energy budget
for the fiscal year (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code), an estimate
of the annual funds the Administrator determines necessary to carry
out the plan required by subsection (a), including a discussion of
the criteria, evidence, and strategies on which the estimate is
based.
``(d) Form.--The plan required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
``(e) Nuclear Weapons Council Assessment.--
``(1) Assessment required.--For each plan required by
subsection (a), the Nuclear Weapons Council established by section
179 of title 10, United States Code, shall conduct an assessment
that includes the following:
``(A) An analysis of the plan, including--
``(i) whether the plan supports the requirements of the
national security strategy of the United States or the most
recent Quadrennial Defense Review, whichever is applicable
under subsection (b), and the Nuclear Posture Review; and
``(ii) whether the modernization and refurbishment
measures described under paragraph (1) of subsection (c)
and the schedule described under paragraph (2) of such
subsection are adequate to support such requirements.
``(B) An analysis of whether the plan adequately addresses
the requirements for infrastructure recapitalization of the
facilities of the nuclear security complex.
``(C) If the Nuclear Weapons Council determines that the
plan does not adequately support modernization and
refurbishment requirements under subparagraph (A) or the
nuclear security complex facilities infrastructure
recapitalization requirements under subparagraph (B), a risk
assessment with respect to--
``(i) supporting the annual certification of the
nuclear weapons stockpile under section 4203; and
``(ii) maintaining the long-term safety, security, and
reliability of the nuclear weapons stockpile.
``(2) Report required.--Not later than 180 days after the date
on which the Administrator submits the plan required by subsection
(a), the Nuclear Weapons Council shall submit to the congressional
defense committees a report detailing the assessment required under
paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `nuclear security complex' means the physical
facilities, technology, and human capital of the following:
``(A) The national security laboratories (as defined in
section 3281 of the National Nuclear Security Administration
Act (50 U.S.C. 2471)).
``(B) The Kansas City Plant, Kansas City, Missouri.
``(C) The Nevada Test Site, Nevada.
``(D) The Savannah River Site, Aiken, South Carolina.
``(E) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(F) The Pantex Plant, Amarillo, Texas.
``(2) The term `Quadrennial Defense Review' means the review of
the defense programs and policies of the United States that is
carried out every four years under section 118 of title 10, United
States Code.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4203 the following new item:
``Sec. 4203A. Biennial plan on modernization and refurbishment of the
nuclear security complex.''.
SEC. 3113. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF BUDGET
REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR WEAPONS STOCKPILE.
(a) In General.--Section 3255 of the National Nuclear Security
Administration Act (50 U.S.C. 2455) is amended to read as follows:
``SEC. 3255. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF BUDGET
REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR WEAPONS STOCKPILE.
``(a) GAO Study and Reports.--(1) For the nuclear security budget
materials submitted in each fiscal year by the Administrator, the
Comptroller General of the United States shall conduct a study on
whether both the budget for the fiscal year following the fiscal year
in which such budget materials are submitted and the future-years
nuclear security program submitted to Congress in relation to such
budget under section 3253 provide for funding of the nuclear security
complex at a level that is sufficient for the modernization and
refurbishment of the nuclear security complex.
``(2) Not later than 90 days after the date on which the
Administrator submits the nuclear security budget materials, the
Comptroller General shall submit to the congressional defense
committees a report on the study under paragraph (1), including--
``(A) the findings of such study; and
``(B) whether the nuclear security budget materials support the
requirements for infrastructure recapitalization of the facilities
of the nuclear security complex.
``(b) Definitions.--In this section:
``(1) The term `budget' means the budget for a fiscal year that
is submitted to Congress by the President under section 1105(a) of
title 31, United States Code.
``(2) The term `nuclear security budget materials' means the
materials submitted to Congress by the Administrator in support of
the budget for a fiscal year.
``(3) The term `nuclear security complex' means the physical
facilities, technology, and human capital of the following:
``(A) The national security laboratories.
``(B) The Kansas City Plant, Kansas City, Missouri.
``(C) The Nevada Test Site, Nevada.
``(D) The Savannah River Site, Aiken, South Carolina.
``(E) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(F) The Pantex Plant, Amarillo, Texas.''.
(b) Clerical Amendment.--The table of contents for the National
Nuclear Security Administration Act is amended by striking the item
relating to section 3255 and inserting the following new item:
``Sec. 3255. Comptroller General assessment of adequacy of budget
requests with respect to the modernization and refurbishment
of the nuclear weapons stockpile.''.
SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF
ENERGY PROJECTS.
(a) In General.--Subtitle A of title XLVII of the Atomic Energy
Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end
the following new section:
``SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF
ENERGY PROJECTS.
``(a) Establishment of Cost and Schedule Baselines.--
``(1) Stockpile life extension projects.--
``(A) In general.--The Administrator for Nuclear Security
shall establish a cost and schedule baseline for each nuclear
stockpile life extension project of the National Nuclear
Security Administration.
``(B) Per unit cost.--The cost baseline developed under
subparagraph (A) shall include, with respect to each life
extension project, an estimated cost for each warhead in the
project.
``(C) Notification to congressional defense committees.--
Not later than 30 days after establishing a cost and schedule
baseline under subparagraph (A), the Administrator shall submit
the cost and schedule baseline to the congressional defense
committees.
``(2) Defense-funded construction projects.--
``(A) In general.--The Secretary of Energy shall establish
a cost and schedule baseline under the project management
protocols of the Department of Energy for each construction
project that is--
``(i) in excess of $50,000,000; and
``(ii) carried out by the Department using funds
authorized to be appropriated for a fiscal year pursuant to
a DOE national security authorization.
``(B) Notification to congressional defense committees.--
Not later than 30 days after establishing a cost and schedule
baseline under subparagraph (A), the Secretary shall submit the
cost and schedule baseline to the congressional defense
committees.
``(3) Defense environmental management projects.--
``(A) In general.--The Secretary shall establish a cost and
schedule baseline under the project management protocols of the
Department of Energy for each defense environmental management
project that is--
``(i) in excess of $50,000,000; and
``(ii) carried out by the Department pursuant to such
protocols.
``(B) Notification to congressional defense committees.--
Not later than 30 days after establishing a cost and schedule
baseline under subparagraph (A), the Secretary shall submit the
cost and schedule baseline to the congressional defense
committees.
``(b) Notification of Costs Exceeding Baseline.--The Administrator
or the Secretary, as applicable, shall notify the congressional defense
committees not later than 30 days after determining that--
``(1) the total cost for a project referred to in paragraph
(1), (2), or (3) of subsection (a) will exceed an amount that is
equal to 125 percent of the cost baseline established under
subsection (a) for that project; and
``(2) in the case of a stockpile life extension project
referred to in subsection (a)(1), the cost for any warhead in the
project will exceed an amount that is equal to 200 percent of the
cost baseline established under subsection (a)(1)(B) for each
warhead in that project.
``(c) Notification of Determination With Respect to Termination or
Continuation of Projects.--Not later than 90 days after submitting a
notification under subsection (b) with respect to a project, the
Administrator or the Secretary, as applicable, shall--
``(1) notify the congressional defense committees with respect
to whether the project will be terminated or continued; and
``(2) if the project will be continued, certify to the
congressional defense committees that--
``(A) a revised cost and schedule baseline has been
established for the project and, in the case of a stockpile
life extension project referred to in subparagraph (A) or (B)
of subsection (a)(1), a revised estimate of the cost for each
warhead in the project has been made;
``(B) the continuation of the project is necessary to the
mission of the Department of Energy and there is no alternative
to the project that would meet the requirements of that
mission; and
``(C) a management structure is in place adequate to manage
and control the cost and schedule of the project.
``(d) Applicability of Requirements to Revised Cost and Schedule
Baselines.--A revised cost and schedule baseline established under
subsection (c) shall--
``(1) be submitted to the congressional defense committees with
the certification submitted under subsection (c)(2); and
``(2) be subject to the notification requirements of
subsections (b) and (c) in the same manner and to the same extent
as a cost and schedule baseline established under subsection
(a).''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4712 the following new item:
``Sec. 4713. Notification of cost overruns for certain Department of
Energy projects.''.
SEC. 3115. ESTABLISHMENT OF COOPERATIVE RESEARCH AND DEVELOPMENT
CENTERS.
(a) Cooperative Research and Development Centers.--
(1) In general.--Section 4813 of the Atomic Energy Defense Act
(division D of Public Law 107-314; 50 U.S.C. 2794) is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Cooperative Research and Development Centers.--(1) Subject to
the availability of appropriations provided for such purpose, the
Administrator for Nuclear Security shall establish a cooperative
research and development center described in paragraph (2) at each
national security laboratory.
``(2) A cooperative research and development center described in
this paragraph is a center to foster collaborative scientific research,
technology development, and the appropriate transfer of research and
technology to users in addition to the national security laboratories.
``(3) In establishing a cooperative research and development center
under this subsection, the Administrator--
``(A) shall enter into cooperative research and development
agreements with governmental, public, academic, or private
entities; and
``(B) may enter into a contract with respect to constructing,
purchasing, managing, or leasing buildings or other facilities.''.
(2) Definition.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended by adding at the end
the following new paragraph:
``(5) The term `national security laboratory' has the meaning
given that term in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471).''.
(3) Section heading.--The heading of such section is amended by
inserting ``and cooperative research and development centers''
after ``partnerships''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by striking the item relating to section
4813 and inserting the following new item:
``Sec. 4813. Critical technology partnerships and cooperative research
and development centers.''.
SEC. 3116. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN.
(a) In General.--Title XLIV of the Atomic Energy Defense Act (50
U.S.C. 2581 et seq.) is amended by inserting after section 4402 the
following new section:
``SEC. 4402A. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN.
``(a) In General.--The Secretary of Energy shall submit to Congress
each year, at or about the same time that the President's budget is
submitted to Congress for a fiscal year under section 1105(a) of title
31, United States Code, a future-years defense environmental management
plan that--
``(1) reflects the estimated expenditures and proposed
appropriations included in that budget for the Department of Energy
for environmental management; and
``(2) covers a period that includes the fiscal year for which
that budget is submitted and not less than the four succeeding
fiscal years.
``(b) Elements.--Each future-years defense environmental management
plan required by subsection (a) shall contain the following:
``(1) A detailed description of the projects and activities
relating to defense environmental management to be carried out
during the period covered by the plan at the sites specified in
subsection (c) and with respect to the activities specified in
subsection (d).
``(2) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to support such
projects and activities.
``(3) With respect to each site specified in subsection (c),
the following:
``(A) A statement of each milestone included in an
enforceable agreement governing cleanup and waste remediation
for that site for each fiscal year covered by the plan.
``(B) For each such milestone, a statement with respect to
whether each such milestone will be met in each such fiscal
year.
``(C) For any milestone that will not be met, an
explanation of why the milestone will not be met and the date
by which the milestone is expected to be met.
``(c) Sites Specified.--The sites specified in this subsection are
the following:
``(1) The Idaho National Laboratory, Idaho.
``(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
``(3) The Savannah River Site, Aiken, South Carolina.
``(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee.
``(5) The Hanford Site, Richland, Washington.
``(6) Any defense closure site of the Department of Energy.
``(7) Any site of the National Nuclear Security Administration.
``(d) Activities Specified.--The activities specified in this
subsection are the following:
``(1) Program support.
``(2) Program direction.
``(3) Safeguards and security.
``(4) Technology development and deployment.
``(5) Federal contributions to the Uranium Enrichment
Decontamination and Decommissioning Fund established under section
1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g).''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4402 the following new item:
``Sec. 4402A. Future-years defense environmental management plan.''.
SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY FOR
APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2011'' and inserting
``September 30, 2016''.
SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO ENTER INTO
TRANSACTIONS TO CARRY OUT CERTAIN RESEARCH PROJECTS.
Section 646(g)(10) of the Department of Energy Organization Act (42
U.S.C. 7256(g)(10)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2015''.
SEC. 3119. EXTENSION OF AUTHORITY RELATING TO THE INTERNATIONAL
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE DEPARTMENT
OF ENERGY.
Section 3156(b)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 50 U.S.C. 2343(b)(1)) is
amended by striking ``January 1, 2013'' and inserting ``January 1,
2018''.
SEC. 3120. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND TO BE
CONVEYED TO LOS ALAMOS COUNTY, NEW MEXICO, AND HELD IN TRUST FOR THE
PUEBLO OF SAN ILDEFONSO.
(a) Environmental Restoration.--If the Secretary of Energy
determines under any authority previously established by law that a
parcel of land described in subsection (c) requires environmental
restoration or remediation, the Secretary shall, to the maximum extent
practicable, complete the environmental restoration or remediation of
the parcel not later than September 30, 2022, and otherwise in
compliance with such law.
(b) Conveyance or Transfer.--If the Secretary determines under any
authority previously established by law that environmental restoration
or remediation cannot reasonably be expected to be completed with
respect to a parcel of land described in subsection (c) by September
30, 2022, the Secretary shall not convey or transfer the parcel of
land.
(c) Parcels of Land.--A parcel of land described in this subsection
is a parcel of land under the jurisdiction or administrative control of
the Secretary at or in the vicinity of Los Alamos National Laboratory
that the Secretary has previously identified as suitable for conveyance
or transfer in a report submitted to the congressional defense
committees prior to the date of the enactment of this Act.
SEC. 3121. REPEAL OF SUNSET PROVISION FOR MODIFICATION OF MINOR
CONSTRUCTION THRESHOLD FOR PLANT PROJECTS.
(a) Minor Construction Threshold.--Paragraph (3) of section 4701 of
the Atomic Energy Defense Act (50 U.S.C. 2741(3)), as amended by
section 3118(b) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2709), is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
(b) Notification.--Section 3118(c) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2709) is amended by striking ``during fiscal year 2010''.
SEC. 3122. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH COOPERATIVE
RESEARCH AND DEVELOPMENT ACTIVITIES.
(a) In General.--The Administrator for Nuclear Security shall
encourage cooperative research and development activities at the
national security laboratories (as defined in section 3281 of the
National Nuclear Security Administration Act (50 U.S.C. 2471)) that
lead to the creation of new private-sector employment opportunities.
(b) Reports.--Not later than January 31 of each year from 2012
through 2017, the Administrator shall submit to Congress a report
detailing the number of new private-sector employment opportunities
created as a result of the previous years' cooperative research and
development activities at each national security laboratory.
SEC. 3123. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION.
Not more than $500,000 of the funds authorized to be appropriated
by section 3101(a)(2) for defense nuclear nonproliferation activities
may be obligated or expended to establish a center of excellence in a
country that is not a state of the former Soviet Union until the date
that is 15 days after the date on which the Administrator for Nuclear
Security submits to the congressional defense committees a report that
includes the following:
(1) An identification of the country in which the center will
be located.
(2) A description of the purpose for which the center will be
established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the government of
the country in which the center will be located; and
(B) the percentage of the total cost of establishing and
operating the center the funds described in subparagraph (A)
will cover.
SEC. 3124. DEPARTMENT OF ENERGY ENERGY PARKS PROGRAM.
(a) In General.--The Secretary of Energy may establish a program to
permit the establishment of energy parks on former defense nuclear
facilities.
(b) Objectives.--The objectives for establishing energy parks
pursuant to subsection (a) are the following:
(1) To provide locations to carry out a broad range of projects
relating to the development and deployment of energy technologies
and related advanced manufacturing technologies.
(2) To provide locations for the implementation of pilot
programs and demonstration projects for new and developing energy
technologies and related advanced manufacturing technologies.
(3) To set a national example for the development and
deployment of energy technologies and related advanced
manufacturing technologies in a manner that will promote energy
security, energy sector employment, and energy independence.
(4) To create a business environment that encourages
collaboration and interaction between the public and private
sectors.
(c) Consultation.--In establishing an energy park pursuant to
subsection (a), the Secretary shall consult with--
(1) the local government with jurisdiction over the land on
which the energy park will be located;
(2) the local governments of adjacent areas; and
(3) any community reuse organization recognized by the
Secretary at the former defense nuclear facility on which the
energy park will be located.
(d) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the implementation of the program
under subsection (a). The report shall include such recommendations for
additional legislative actions as the Secretary considers appropriate
to facilitate the development of energy parks on former defense nuclear
facilities.
(e) Defense Nuclear Facility Defined.--In this section, the term
``defense nuclear facility'' has the meaning given the term
``Department of Energy defense nuclear facility'' in section 318 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286g).
Subtitle C--Reports
SEC. 3131. REPORT ON GRADED SECURITY PROTECTION POLICY.
(a) Report.--Not later than February 1, 2011, the Secretary of
Energy shall submit to the congressional defense committees a report on
the implementation of the graded security protection policy of the
Department of Energy.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A comprehensive plan and schedule (including any
benchmarks, milestones, or other deadlines) for implementing the
graded security protection policy.
(2) An explanation of the current status of the graded security
protection policy for each site with respect to the comprehensive
plan under paragraph (1).
(3) An explanation of the Secretary's objective end-state for
implementation of the graded security protection policy (such end-
state explanation shall include supporting justification and
rationale to ensure that robust and adaptive security measures meet
the graded security protection policy requirements).
(4) Identification of each site that has received an exception
or waiver to the graded security protection policy, including the
justification for each such exception or waiver.
(5) A schedule for ``force-on-force'' exercises that the
Secretary considers necessary to maintain operational readiness.
(6) A description of a program that will provide proper
training and equipping of personnel to a certifiable standard.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2011,
$28,640,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $23,614,000 for fiscal year 2011 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2011.
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Research authority.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR 2011.
Funds are hereby authorized to be appropriated for fiscal year
2011, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for Maritime Administration programs associated with maintaining
national security aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United States
Merchant Marine Academy, $100,020,000, of which--
(A) $63,120,000 shall remain available until expended for
Academy operations;
(B) $6,000,000 shall remain available until expended for
refunds to Academy midshipmen for improperly charged fees; and
(C) $30,900,000 shall remain available until expended for
capital improvements at the Academy.
(2) For expenses necessary to support the State maritime
academies, $15,007,000, of which--
(A) $2,000,000 shall remain available until expended for
student incentive payments;
(B) $2,000,000 shall remain available until expended for
direct payments to such academies; and
(C) $11,007,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000.
(4) For expenses to maintain and preserve a United States-flag
merchant marine to serve the national security needs of the United
States under chapter 531 of title 46, United States Code,
$174,000,000.
(5) For the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees
under the program authorized by chapter 537 of title 46, United
States Code, $60,000,000, of which $3,688,000 shall remain
available until expended for administrative expenses of the
program.
SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
Chapter 531 of title 46, United States Code, is amended--
(1) in section 53104(a), by striking ``2015'' and inserting
``2025'';
(2) in section 53106(a)(1)(C), by striking ``for each fiscal
years 2012, 2013, 2014, and 2015'' and inserting ``for each of
fiscal years 2012 though 2025''; and
(3) in section 53111(3), by striking ``2015'' and inserting
``2025''.
SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY NOMINATIONS OF
RESIDENTS OF THE NORTHERN MARIANA ISLANDS.
Section 51302(b) of title 46, United States Code, is amended--
(1) in paragraph (3), by inserting ``the Northern Mariana
Islands,'' after ``Guam,''; and
(2) by striking paragraph (5) and redesignating paragraph (6)
as paragraph (5).
SEC. 3504. RESEARCH AUTHORITY.
Section 51301 title 46, United States Code, is amended--
(1) by inserting ``as an institution of higher education''
after ``Academy''; and
(2) by striking ``States.'' and inserting ``States, to conduct
research with respect to maritime-related matters, and to provide
such other appropriate academic support, assistance, training, and
activities in accordance with the provisions of this chapter as the
Secretary may authorize.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.