[Congressional Record Volume 156, Number 82 (Thursday, May 27, 2010)]
[House]
[Pages H3889-H4019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

  The SPEAKER pro tempore. Pursuant to House Resolution 1404 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 5136.

                              {time}  1255


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 5136) to authorize appropriations for fiscal year 2011 for 
military activities of the Department of Defense, to prescribe military 
personnel strengths for such fiscal year, and for other purposes, with 
Mr. Pastor of Arizona in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Missouri (Mr. Skelton) and the gentleman from 
California (Mr. McKeon) each will control 30 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Speaker, I yield myself such time as I may consume.
  Today, we as a Congress perform a duty in compliance with the 
Constitution of the United States. Article I, section 8 states that 
Congress shall have the power to provide for the common defense and 
general welfare of the United States. It also provides for and 
maintaining a Navy and making all rules for the government and 
regulation of land and naval forces.
  So today I rise in support of H.R. 5136, the National Defense 
Authorization Act for fiscal year 2011. I'm pleased to be joined here 
today with my friend, my colleague, the ranking member, Buck McKeon. 
Buck's been a true partner in this effort to bring forward a bipartisan 
bill that addresses the national security needs of our country.
  The committee passed the Defense Authorization Bill by a vote of 59-
0.
  Our Nation's been at war for nearly a decade. Our troops are worn, 
and their families are tired, and the Nation recognizes their 
sacrifices. The bill addresses many of the concerns that they've 
raised.
  I'm proud that this bill is a result of the committee's engagement 
with the military community and our citizens to determine what issues 
were important to them as we developed the programs and policies that 
are included in this bill.
  This bill authorizes $567 billion in budget authority for the 
Department of Defense and the national security programs of the 
Department of Energy. The bill also authorizes $159 billion to support 
ongoing military operations in Iraq and Afghanistan during fiscal year 
2011. These amendments are essentially equal to the President's budget 
request for items in the jurisdiction of the Armed Services Committee.
  H.R. 5136 continues Congress' deep commitment to supporting U.S. 
servicemembers and their families and to provide the necessary 
resources to keep America safe. The bill provides our military 
personnel a 1.9 percent pay raise, which is an increase of a half a 
percent above the President's request.
  The bill also includes a number of initiatives to support military 
families, including extending health care coverage to adult dependent 
children up to the age of 26. We also have the single most 
comprehensive legislative proposal to address sexual assault in the 
military.
  The bill also fully funds the President's budget request for military 
training, equipment, maintenance and the facilities upkeep, which 
continues the committee's efforts to address readiness shortfalls that 
have developed over previous years.

                              {time}  1300

  The bill provides an increase of $12 billion above the fiscal year 
2010 budget for operations and maintenance, including $345 million to 
fully fund the

[[Page H3890]]

first increment of construction necessary to modernize Department of 
Defense schools. There is 13.6 billion for training of an all active-
duty Reserve force to increase readiness; an increase of $500 million 
for day-to-day operations of Army bases, which is a direct impact on 
our soldiers. It also provides an increase of $700 million above the 
administration's budget to address the equipment shortfalls on National 
Guard and Reserve units.
  The war in Afghanistan is a critical mission that is essential to our 
national security. To ensure that our strategies in both Iraq and 
Afghanistan are effective and achieve the intended goals within well-
defined timelines, the bill requires the President to assess U.S. 
efforts and regularly report on progress, including providing timelines 
by which he plans to achieve his goals.
  It also extends the authorization of the Pakistan Counterinsurgency 
Fund through fiscal year 2011 to allow commanders to help Pakistan 
quickly and more effectively go after terrorist safe havens. The bill 
also provides $1.6 billion for Coalition Support Funds to reimburse 
nations that are providing logistical, military, and other support to 
our troops in Iraq and Afghanistan.
  On Iraq, the bill upholds Congress's responsibility to provide 
oversight to the process of drawing down the mountain of material 
purchased, transported, and built up in Iraq at tremendous expense to 
the taxpayer.
  In the area of nonproliferation, the bill continues our focus on 
keeping weapons of mass destruction and related materials out of the 
hands of terrorists and strengthens our nonproliferation programs and 
activities. The bill increases funding for the Department of Energy's 
nonproliferation programs and adds funding to continue the 
administration's plan to secure and remove all known vulnerable nuclear 
materials that could be used for weapons.
  There are other good things in this bill, which my colleagues will 
cover.
  I want to recognize the members of the Armed Services Committee for 
their contributions in making this bill one of the best that the 
committee has put forward in recent years.
  I also, Mr. Chair, want to brag about the wonderful staff that we 
have on the Armed Services Committee. They make it all work well.
  Mr. Chair, our committee has been and will continue to be strong 
proponents of our Nation's security and the people that it defends. We 
will continue to do what is right and necessary to ensure that our 
country is safe and secure. We must continue to work with the President 
to ensure that our citizens are safe and our Nation's security is 
paramount.
  I urge my colleagues to support our troops and their families and 
vote for the defense authorization bill.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, as legislators, we meet once again to address the wide 
range of important national security activities undertaken by the 
Department of Defense and the Department of Energy. We all take our 
legislative responsibilities very seriously. This is especially true 
during a time of war. And it's always true of my good friend and 
colleague, our Armed Services Committee chairman, Ike Skelton.
  As a result of Chairman Skelton's tireless efforts to put forward 
this bill, our committee reported out the National Defense 
Authorization Act for Fiscal Year 2011 last Wednesday. The vote was 
unanimous, 59-0. Consistent with the longstanding bipartisan practice 
of the Armed Services Committee, this bill reflects our committee's 
continued strong support for the brave men and women of the United 
States Armed Forces.
  The defense authorization bill authorizes $567 billion in budget 
authority for the fiscal year 2011 base budget of the Department of 
Defense and national security programs of the Department of Energy, and 
it authorizes $139 billion in funding to support operations in Iraq, 
Afghanistan, and elsewhere in the global war on terrorism.
  This bill does an admirable job in dealing with some of our greatest 
national security challenges. Addressing the wars in Iraq and 
Afghanistan, H.R. 1536 authorizes the fiscal year 2011 overseas 
contingency operations. With respect to Afghanistan, this bill updates 
reporting requirements, including asking for the conditions and 
criteria that will be used to measure progress, instead of allowing the 
ticking Washington political clock to determine our end state.
  I am very pleased that the chairman and our colleagues on the 
committee joined us in ensuring that lifesaving combat enablers such as 
force protection, medical evacuation, and intelligence, surveillance, 
and reconnaissance capabilities are deployed in time to fully support 
the 30,000 additional troops scheduled to arrive in Afghanistan by this 
summer.
  Building on the Acquisition Reform Act this body passed in April, 
this legislation takes a number of important steps on major weapons 
programs. We strongly believe that a $110 billion noncompetitive, sole 
source, 25-year contract should not be permitted. Therefore, we 
strongly support the inclusion of funding to complete development of 
the F-136 competitive engine for the Joint Strike Fighter.
  As a Nation, we owe more than our gratitude to the brave men and 
women in uniform and their families, past and present, for the 
sacrifices they make and have made to protect our freedom. We are 
pleased that this legislation includes a pay raise which is half a 
percentage point above the President's request.
  A major disappointment is that once again the committee and House 
leadership were unable to find the mandatory spending offsets needed to 
eliminate the widow's tax, a tax that occurs because survivors must 
forfeit most or all of their Survivor Benefit Plan annuity to receive 
Dependency and Indemnity Compensation. Nor were we able to provide for 
concurrent receipt of military disability retired pay and VA disability 
pay, as proposed by the President. I know that Chairman Skelton has 
attempted to find the offsets, but so far, despite this House approving 
trillions in spending that is not offset, this body has been unable or 
unwilling to find the means to support widows and disabled veterans.
  One of the areas where there is disagreement between the aisles is 
detainee policy. We need to keep terrorists off our soil, not fight to 
get them here. We are disappointed that the bill does not prohibit 
the transfer of Guantanamo Bay detainees to U.S. soil.

  Finally, for the last 8 years, we have asked our men and women of the 
Armed Forces and their families to make repeated sacrifices while 
serving this Nation. They have unhesitatingly and selflessly responded 
in a magnificent manner, without hesitation putting mission and Nation 
ahead of self and family. Now the proponents of repealing Don't Ask, 
Don't Tell want to rush a vote to the floor that disrupts the process 
that was put in place earlier this year to give the troops the 
opportunity to make their view known on this most important issue.
  After making the continuous sacrifice of fighting two wars over the 
course of 8 years, the men and women of our military deserve to be 
heard. Congress acting first is the equivalent to turning to our men 
and women in uniform and their families and saying your opinion, your 
views do not count.
  Yesterday I spoke to and received letters from all four service 
chiefs. I will include copies of those letters in the Record. Let me 
read a couple of excerpts, Mr. Chairman.
  General Schwartz, the Air Force Chief of Staff, writes, ``I believe 
it is important, a matter of keeping faith with those currently serving 
in the Armed Forces, that the Secretary of Defense commissioned review 
be completed before there is any legislation to repeal the Don't Ask, 
Don't Tell law. Such action sends an important signal to our airmen and 
families that their opinion matters.''
  General Casey, the Army Chief of Staff, writes, ``I believe that 
repealing the law before the completion of the review will be seen by 
the men and women of the Army as a reversal of our commitment to hear 
their views before moving forward.'' Similar views are expressed by 
Admiral Roughead and General Conway.
  Mr. Chairman, I planned on addressing this matter in detail when we 
debate Mr. Murphy's amendment. Unfortunately, the leadership deemed 
this debate, this issue so critical to the morale and welfare of our 
military worthy of only 10 minutes of debate. Ten minutes. The repeal 
of Don't Ask, Don't

[[Page H3891]]

Tell will get as much time for debate today as the manager's amendment. 
This is an outrage.
  I'd like to make one last point. If this body were to adopt Mr. 
Murphy's amendment, then this House would breach the trust of 2.5 
million men and women in uniform and their families by saying to them 
that their voices don't count. We owe our military personnel better.
  In order to allow this House the time it needs to hear from our 
military forces through the process that was set up earlier this year, 
and their families, before we make a decision, I would encourage 
Members to vote against the Don't Ask, Don't Tell compromise and 
against final passage if my Democratic colleagues refuse to wait to 
hear from our troops.
  As in years past, I believe that this legislation reflects many of 
the Armed Services Committee's priorities in supporting our Nation's 
dedicated and courageous servicemembers. I thank Chairman Skelton for 
putting together an excellent bill and helping us to stay focused on 
delivering a bill that protects, sustains, and builds our forces. I 
support H.R. 5136 as passed by the House Armed Services Committee.
  We never, in the committee, in our markup, we never held a full 
committee hearing on Don't Ask, Don't Tell. We never included it or 
discussed it in our debate in the Armed Services Committee.
  I look forward to working with my colleagues to improve H.R. 5136.

                                         Secretary of Defense,

                                   Washington, DC, April 30, 2010.
     Hon. Ike Skelton,
     Chairman, Committee on Armed Services, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing in response to your letter 
     of April 28 requesting my views on the advisability of 
     legislative action to repeal the so-called ``Don't Ask Don't 
     Tell'' statute prior to the completion of the Department of 
     Defense review of this matter.
       I believe in the strongest possible terms that the 
     Department must, prior to any legislative action, be allowed 
     the opportunity to conduct a thorough, objective, and 
     systematic assessment of the impact of such a policy change; 
     develop an attentive comprehensive implementation plan, and 
     provide the President and the Congress with the results of 
     this effort in order to ensure that this step is taken in the 
     most informed and effective manner. A critical element of 
     this effort is the need to systematically engage our forces, 
     their families, and the broader military community throughout 
     this process. Our military must be afforded the opportunity 
     to inform us of their concerns, insights, and suggestions if 
     we are to carry out this change successfully.
       Therefore, I strongly oppose any legislation that seeks to 
     change this policy prior to the completion of this vital 
     assessment process. Further, I hope Congress will not do so, 
     as it would send a very damaging message to our men and women 
     in uniform that in essence their views, concerns, and 
     perspectives do not matter on an issue with such a direct 
     impact and consequence for them and their families.
     Adm. Michael G. Mullen,
       Chairman of the Joint Chiefs of Staff.
     Robert M. Gates,
       Secretary of Defense.
                                  ____



                                                    U.S. Army,

                                                     May 26, 2010.
     Hon. John McCain,
     Ranking Member, Committee on Armed Services, U.S. Senate, 
         Washington, DC.
       Dear Senator McCain: My views on the repeal of section 654 
     of Title 10, United States Code, have not changed since my 
     testimony. I continue to support the review and timeline 
     offered by Secretary Gates.
       I remain convinced that it is critically important to get a 
     better understanding of where our Soldiers and Families are 
     on this issue, and what the impacts on readiness and unit 
     cohesion might be, so that I can provide informed military 
     advice to the President and the Congress.
       I also believe that repealing the law before the completion 
     of the review will be seen by the men and women of the Army 
     as a reversal of our commitment to hear their views before 
     moving forward.
           Sincerely,
                                             George W. Casey, Jr.,
     General, United States Army.
                                  ____

                                      Department of the Air Force,


                                 Office of the Chief of Staff,

                                     Washington, DC, May 26, 2010.
     Hon. Buck P. McKeon,
     House of Representatives,
     Washington, DC.
       Dear Representative McKeon: The President has clearly 
     articulated his intent for the ``Don't Ask, Don't Tell'' (DA/
     DT) law to be repealed, and should this law change, the Air 
     Force will implement statute and policy faithfully. However, 
     as I testified to you and the HASC at the AF Posture hearing 
     on 23 February 2010, my position remains that DOD should 
     conduct a review that carefully investigates and evaluates 
     the facts and circumstances, the potential implications, the 
     possible complications, and potential mitigations to 
     repealing this law.
       I believe it is important, a matter of keeping faith with 
     those currently serving in the Armed Forces, that the 
     Secretary of Defense commissioned review be completed before 
     there is any legislation to repeal the DA/DT law. Such action 
     allows me to provide the best military advice to the 
     President, and sends an important signal to our Airmen and 
     their families that their opinion matters. To do otherwise, 
     in my view, would be presumptive and would reflect an intent 
     to act before all relevant factors are assessed, digested and 
     understood.
           Sincerely,

                                           Norton A. Schwartz,

                                                    General, USAF,
     Chief of Staff.
                                  ____

                                                     May 25, 2010.
     Hon. John McCain,
     Ranking Member, Committee on Armed Services, U.S. Senate, 
         Washington, DC.
       Dear Senator McCain: During testimony, I spoke of the 
     confidence I had as a Service Chief in the DoD Working Group 
     that Secretary Gates laid out in the wake of President 
     Obama's guidance on ``Don't Ask--Don't Tell.'' I felt that an 
     organized and systematic approach on such an important issue 
     was precisely the way to develop ``best military advice'' for 
     the Service Chiefs to offer the President.
       Further, the value of surveying the thoughts of Marines and 
     their families is that it signals to my Marines that their 
     opinions matter.
       I encourage the Congress to let the process the Secretary 
     of Defense created to run its course. Collectively, we must 
     make logical and pragmatic decisions about the long-term 
     policies of our Armed Forces--which so effectively defend 
     this great Nation.
           Very Respectfully,
                                                  James T. Conway,
                                       General, U.S. Marine Corps,
     Commandant of the Marine Corps.
                                  ____

                                                     May 26, 2010.
     Hon. Howard P. ``Buck'' McKeon,
     House of Representatives,
     Washington, DC.
       Dear Mr. McKeon: As a follow-up to our phone call today, 
     the following represents my personal views about the proposed 
     amendment concerning section 654 of title 10, United States 
     Code.
       I testified in February about the importance of the 
     comprehensive review that began in March and is now well 
     underway within the Department of Defense. We need this 
     review to fully assess our force and carefully examine 
     potential impacts of a change in the law. I have spoken with 
     Sailors and fellow flag officers alike about the importance 
     of conducting the review in a thoughtful and deliberate 
     manner. Our Sailors and their families need to clearly 
     understand that their voices will be heard as part of the 
     review process, and I need their input to develop and provide 
     my best military advice.
       I share the view of Secretary Gates that the best approach 
     would be to complete the DOD review before there is any 
     legislation to change the law. My concern is that legislative 
     changes at this point, regardless of the precise language 
     used, may cause confusion on the status of the law in the 
     Fleet and disrupt the review process itself by leading 
     Sailors to question whether their input matters. Obtaining 
     the views and opinions of the force and assessing them in 
     light of the issues involved will be complicated by a 
     shifting legislative backdrop and its associated debate.
           Sincerely,
                                                      G. Roughead,
                                               Admiral, U.S. Navy.

  I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to my friend, my 
colleague, the distinguished chairman of the Subcommittee on Air and 
Land Forces, the gentleman from Washington (Mr. Smith).
  (Mr. SMITH of Washington asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of Washington. Mr. Chairman, I rise in strong support of 
the National Defense Authorization Act for 2011.
  I want to first thank the chairman of the committee, Mr. Skelton, for 
his outstanding leadership of this committee. He has once again put 
together a bill that reflects the priorities that should be in place 
for national defense: first and foremost, support our troops. I know 
nobody on that committee cares more about that issue than Mr. Skelton. 
He has once again made sure that this bill reflects that. It gives them 
a higher pay raise than was recommended by the Department of Defense 
and, across the board, makes sure that our troops and our families get 
the support they need to continue to do the amazing job that they are 
doing of defending this country. It is a great privilege to serve on 
this committee with Mr. Skelton and with Mr. McKeon and to have the 
responsibility for supporting our troops who have

[[Page H3892]]

served us so well. I thank him for his great leadership and for this 
bill.
  On the Air and Land Subcommittee, I want to thank Mr. Bartlett, the 
ranking member on the committee. We have truly worked together in a 
very bipartisan fashion on this bill. That's one of the great things 
about being on the Armed Services Committee. We have a lot that we 
disagree on on a partisan basis in this body, but on the Armed Services 
Committee we work in a bipartisan way to make sure that we have a 
defense bill that protects our national security and supports our 
troops. And Mr. Bartlett certainly upholds that standard, and it's been 
a great pleasure working with him.
  On our subcommittee, our top priority is to support our soldiers and 
airmen in the fight they are now fighting in Iraq and Afghanistan. We 
want to make sure that they have the equipment they need to fulfill the 
mission that we have asked them to do. Towards that end, we have $3.9 
billion in the bill to upgrade and improve our helicopters, which are 
so critical to the mission that they are fighting; $3.4 billion to 
fully fund the MRAP, the Mine Resistant Ambush Protected vehicles that 
have done such an amazing job at improving the survivability of our 
troops when hit by IEDs; $3.4 billion for the JIEDDO account, which 
continues to find more and better ways to protect our troops from 
improvised explosive devices; $3.7 billion to fund intelligence, 
surveillance, and reconnaissance, which is critical to make sure that 
our troops get the information they need when they need it to be in the 
best position to protect themselves on the battlefield; a billion 
dollars for new Strykers, a vehicle that has been critical for our 
combat infantry brigades and their ability to be maneuverable enough to 
survive in the fight.
  We are making sure in this bill that our troops in the field get the 
equipment they need to fulfill the mission we have asked them to do. We 
also set aside an additional $700 million in this bill for the Army and 
Air Force Guard and Reserve equipment accounts. As we all know, Guard 
and Reserve members have been asked to do far more than they ever have 
in the history of this country. They are stressed and strained, and 
their equipment is being used at a far greater pace than anyone 
anticipated. We want to make sure that they have the funds available to 
replenish that equipment and make sure that they get the training they 
need so that they are able to do the job here in the U.S. we ask them 
to do, and also the job that we ask them to do in Afghanistan and Iraq.

                              {time}  1315

  We are also concerned in this bill and continue to be concerned about 
our procurement and acquisition process. We passed acquisition reform 
again under Chairman Skelton's great leadership, but we have a fair 
number of programs, certainly the Joint Strike Fighter, future combat 
systems that have not delivered on time and on budget. We have to make 
sure that we get every penny that we spend, and it is spent efficiently 
and effectively. We need to continue to work to make sure the programs 
that we procure meet that standard.
  That is why I, too, along with Mr. McKeon, am strongly supportive of 
the second engine program. And it has been our committee's position for 
a long time to support that program. We believe that it is an efficient 
use of taxpayer dollars.
  So I thank you, Mr. Chairman, again for your great leadership. I 
believe this bill gives us a very strong national security.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Maryland (Mr. Bartlett). He's the ranking member on the Air and Land 
Subcommittee of the committee.
  Mr. BARTLETT. I would like to thank our Armed Forces Committee 
Chairman Skelton, Ranking Member McKeon, Committee chair Smith, and all 
of our colleagues for their contributions to this Defense Authorization 
Bill.
  This bill was voted out of committee by unanimous vote because it 
maintains our objectives of balancing the health and capability of the 
current force with the needs of future capability. And I also want to 
thank, really thank the staff for their professionalism, dedication, 
and extraordinary hard work this year.
  As an engineer with 20 patents, 20 years of experience with military 
R&D programs, and 17 years in the Armed Services Committee, I can 
assure you that the Defense Department's own data provides the proof 
that Congress must continue to approve the alternative engine for the 
Joint Strike Fighter which will ultimately lead 95 percent of all of 
fighting aircraft. The competition is crucial for our national security 
and that of our allies because the original engine awarded under a 
noncompetitive contract is 21 months behind schedule, and according to 
GAO is estimated to be $2 billion over budget. That's a 52 percent 
increase and one of the main reasons with redundancy the committee 
overwhelmingly supports continued funding of the competitive engine.
  The Department asked Congress to permit the issue of a sole-source 
contract for over $100 billion for thousands of engines over the life 
of this program. I owe it to the American people and warfighters to 
object to something this irresponsible.
  And, Mr. Chairman, I urge support of H.R. 5136 as approved 
unanimously by the Armed Service Committee, but a vote for the Don't 
Ask, Don't Tell amendment abdicates our Constitutional authority over 
military policy and gives this authority to the President and unelected 
executive branch leaders. Congress has yielded far too much of its 
Constitutional authority to the executive and judiciary. Therefore, if 
this amendment passes, I cannot support this bill.


 =========================== NOTE =========================== 

  
  May 27, 2010 on H3892 the following appeared: amendment 
advocates our Constitu-
  
  The online version should be corrected to read: amendment 
abdicates our Constitu-


 ========================= END NOTE ========================= 

  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to my colleague, my 
friend from Texas (Mr. Ortiz), the distinguished chairman of the 
Subcommittee on Readiness.
  Mr. ORTIZ. Thank you, Mr. Chairman. First, let me thank you for your 
leadership that you bring to the committee and being able to get the 
committee to work together. Mr. McKeon as well.
  I rise in support of H.R. 5136, the National Defense Authorization 
Act for fiscal year 2011. The bill before us today continues efforts 
begun last year to address readiness shortfalls.
  It supports the President's request for increased training funding 
for all of the active duty forces and provides funding to continue 
reset of equipment damaged or worn out through 9 years of continuous 
combat operations. The bill authorizes $20 billion for military 
construction and $168 billion for operation and maintenance, a $12 
billion increase in O&M. This funding is needed over the amount 
authorized last year in the defense budget.
  To reduce budgetary risk to readiness in areas where the services 
identified shortfalls, the bill includes additional funding for Navy 
ship depot maintenance; Army Reserve depot maintenance; contract and 
performance management; Army base operating services and trainee 
barracks construction; Guard and Reserve construction; energy 
conservation and renewable energy projects; and day-to-day facilities 
maintenance and repair.
  Our combatant commanders should not have to wait years to have the 
right infrastructure to support wartime operations. This bill provides 
the tools that the Department needs to ensure that General Petraeus has 
the right facilities at the right location at the right time.
  The bill also supports the Readiness and Environmental Protection 
Initiative, which ensures the long-term viability of military testing 
and training ranges by protecting them from encroachment.
  The bill provides provisions related to benefits for DOD civilians 
who are deployed to combat zones. These provisions are very important 
because Federal civilian employees are increasingly providing important 
support in contingency operations.
  The bill supports the President's request for a much-needed 
reinvestment in Army training and readiness. Increases in funding for 
all Army components, along with a drawdown from Iraq, should begin to 
put the Army on a path to restoring its readiness posture.
  The bill sustains the Navy's course correction of flying-hour funding 
to meet operational requirements. To ensure the sea services can attain 
fleet air training goals, the bill includes $185 million in additional 
funding for naval

[[Page H3893]]

training and aircraft depot maintenance.
  The bill contains additional funding for Air Force accounts critical 
to supporting emergent missions and taking care of an aging aircraft 
fleet.
  Mr. Chairman, this is a good bill, and I ask my colleagues to support 
it.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Missouri (Mr. Akin), the ranking member of the Seapower Subcommittee.
  Mr. AKIN. Mr. Chairman, I rise in support of H.R. 5136--that's the 
National Defense Authorization Act--which we have before us at this 
time, and it was approved unanimously by Republicans and Democrats on 
the House Armed Services Committee. And we believe overall a proper 
balance has been struck on this bill.
  I was personally concerned about some problems with our missile 
defense system, but I made several amendments looking to get a little 
more information from the administration on these programs. Those were 
adopted.
  In addition, we were concerned about the department's assessment even 
in the most rosy scenario that we are short on strike fighters. And I 
was pleased that we are able to add some additional F-18s to the budget 
to at least, in a small way, mitigate that particular problem.
  I would be remiss, though, if I were to stand here and say that 
everything is well. As much as I support this bill, it is possible to 
mess up any good thing. And the idea of repealing Don't Ask, Don't Tell 
at the last minute with an amendment that doesn't even come out of our 
committee, that has, at the most, 10 minutes to debate and has more 
far-reaching implications for defense than almost any single item in 
this bill is the height of folly.
  Approaching Memorial Day weekend, for us to try to slide this little 
fellow in, this little political gimme to some vocal but very small 
interest group over the interests of our sons and daughters who serve 
in the service, in spite of the objections of the military leadership, 
starting with the Secretary of Defense coming down the chain of 
commanders saying, Give us time to figure out, what does it mean to 
repeal Don't Ask, Don't Tell.
  The current policy says that if you're gay and you want to serve in 
the military, that's fine, but don't let it get in the way of the 
mission. If we take that out, what does it mean? We need time, and we 
don't need some fast little political fix to mess up an otherwise good 
bill.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to my friend and 
colleague, the gentleman from Mississippi (Mr. Taylor), who's the 
chairman of the Subcommittee on Seapower and Expeditionary Forces.
  Mr. TAYLOR. Mr. Chairman, I rise in support of the bill as it passed 
committee, and in particular of the Sea Power and Expeditionary Forces 
section of the bill.
  Under the leadership of Chairman Ike Skelton, the fleet has grown by 
seven ships since he became chairman to a total of 286. I guess it's in 
the direction, however slowly, of the 313 ships that CNO wishes to 
have. It also takes some far-reaching steps, one of which is directing 
the CNO that in the future, that in order to go to the fleet, he may 
only retire two ships for every three ships we commission. I think this 
is very important language. This is the third CNO who has said he 
wanted 313 ships, but ironically, they keep submitting budgets to 
Congress that actually shrink their fleet rather than grow it.
  So I want to thank Chairman Skelton for working with us on that, my 
colleagues, on directive language that actually keeps some of those 
great vessels that would go to someone else's fleet in our fleet a bit 
longer.
  Specifically the bill takes many steps to continue the work of the 
world's greatest Navy and the world's greatest Marine Corps. It 
authorizes the construction of nine battle-force vessels and one 
auxiliary oceanographic research vessel, along with 214 aircraft for 
the Navy and Marine Corps. It authorizes $5.1 billion to construct two 
Virginia-class submarines--the first time Congress has ever authorized 
two Virginia-class submarines; $950 million for the first increment of 
funding of the Marine Corp's amphibious assault vessel LHA-7; $3 
billion to fully fund two DDG 51 Arleigh Burke-class destroyers to work 
off of the Navy's surface fleet and the centerpiece of our Nation's 
missile defense; $1.5 billion to fully fund two littoral combat ships; 
$180.7 million to fund one Joint High Speed Vessel for the Navy; $380 
million to fully fund the remaining construction costs for the first of 
the class maritime landing platform vessel for the Marine Corps; $3.3 
billion for 30 F-18 Superhornet strike fighters, as well as 12 EA-18 
Growler expeditionary electronic-warfare aircraft.
  That will make a total of 186 of these fine aircraft built on 
Chairman Skelton's watch. $4.1 billion for 20 Navy and Marine Corps F-
35 Joint Strike Fighter aircraft; $4.6 billion for 180 Marine Corps 
rotary-winged aircraft; $359 million for the Maritime Administration of 
the Department of Transportation, including $100 million for the 
Merchant Marine Academy.
  The bill strongly supports funding for our Overseas Contingency 
Operations, authorizing $3.4 billion to build the life saving Mine 
Resistant Vehicles. This is on top of the $16.4 billion under Chairman 
Skelton's watch that was allocated in 2007 for a total of 16,000 of 
these vehicles that have been built as we continue to build 1,000 of 
them a month to protect our soldiers in Iraq and Afghanistan.
  For Marine Corps programs, this bill fully authorizes the $3.1 
billion for a request for Marine Corps procurement, with an additional 
$126 million for unfunded requirements that will protect our Marines.
  Mr. Chairman, I fully support the bill as recommended by the 
committee.
  The CHAIR. The time of the gentleman has expired.
  Mr. SKELTON. I yield the gentleman an additional 30 seconds.
  Mr. TAYLOR. I also want to thank my colleague Mr. Akin for all of his 
help on this and all of the Seapower Subcommittee, and in particular I 
want to commend our great staff: Ms. Jenness Simler, Captain Will Ebbs, 
Heath Bope, Jesse Tolleson, and Liz Drummond.

                    Actions Speak Louder Than Words

       Since 2007, the House Armed Services Committee under 
     Chairman Ike Skelton has continued to grow our nation's air, 
     land and sea forces to address the threats facing the United 
     States from both foreign nations and terrorist organizations. 
     Chairman Skelton's predecessor, Duncan Hunter, deserves 
     credit for leading House Armed Service Committee member's 
     efforts to provide up-armored Humvees, Improvised Explosive 
     Device (IEDs) Jammers, and other initiatives to counter the 
     IED threat in Iraq and Afghanistan. However, the game 
     changing improvement in the IED effort was the rapid 
     development and fielding of the Mine Resistant Ambush 
     Protected Vehicle (MRAP) that occurred under the leadership 
     of Chairman Ike Skelton, The actions of the Democratic 
     majority speak much louder than words when it comes to our 
     national defense.
       The Mississippi National Guard's 155th Heavy Brigade Combat 
     Team returned home to Mississippi in March 2010 after 
     completing their second tour of duty in Iraq. During their 
     deployment they encountered more than 80 attacks from IEDs 
     without suffering any fatalities or serious injuries compared 
     to their 2005 deployment where they suffered 28 fatalities 
     from lED attacks. During their most recent deployment, their 
     unit was equipped with MRAPs. Prior to 2007, the demand for 
     MRAP's was ignored for four straight years by Secretary of 
     Defense, Donald Rumsfeld. The Republican majority in Congress 
     did not prod Secretary Rumsfeld to build these vehicles at 
     the rate our forward deployed commanders were requesting.
       In 2004 military officials in Iraq began requesting MRAPs 
     from the Pentagon to counter the enemy's most successful 
     means of attack--the IED. At the time, 60% of U.S. fatalities 
     in Iraq were the direct result of IED attacks. Secretary 
     Rumsfeld and top leaders at the Pentagon originally ignored 
     these requests from the forward deployed commanders to make 
     fielding MRAPs a priority. By the end of 2006 the Department 
     of Defense's (DoD) established requirement for MRAPs for the 
     Iraq war effort was an absurdly low amount--4000 vehicles.
       Before MRAPs were available in Iraq or Afghanistan, 
     military patrols were conducted in up-armored Humvees. The 
     enemy quickly discovered this vehicles vulnerability to 
     under-bottom explosions. Since Secretary Rumsfeld had refused 
     to provide MRAPs despite the requests coming from the theater 
     of combat, the result of continuing to use up-armored Humvees 
     was unnecessary American injuries and deaths. The MRAP is 
     designed with a ``V'' shaped bottom that provides an 
     effective defense against bottom exploding IEDs by forcing 
     the impact of the explosion away from the bottom of the 
     vehicle, unlike the Humvees.
       When I became Chairman of the Seapower and Expeditionary 
     Forces Subcommittee in January 2007, under the new Democratic 
     majority, the very first hearing I chaired focused on the 
     need to rapidly get MRAPs to

[[Page H3894]]

     our troops in Iraq. I worked with Chairman Skelton and my 
     colleagues on the Armed Services Committee to provide an 
     additional $16.4 billion in 2007 for procurement, building 
     and transporting 15,374 MRAPs to Iraq. This effort continues 
     today, and we currently have approximately 16,000 MRAPs in 
     Iraq and Afghanistan. We also continue to work with DOD on 
     providing vehicles that provide the same type of protection 
     as the MRAP but are more suitable for the hazardous terrain 
     and conditions in Afghanistan. There are approximately 2300 
     of these vehicles in operational units in Afghanistan, with 
     6,800 working their way through the pipeline to get to the 
     theater of combat. We continue to produce about 1000 of these 
     life saving vehicles a month.
       For years the House Armed Services Committee has voiced 
     concerns over the concurrent and high-risk development of the 
     F-35 Joint Strike Fighter, which in turn, has caused a 
     several years delay in its operational fielding. Because of 
     this issue, coupled with the planned F/A-18 production line 
     drawdown, our Naval Air Forces face a significant strike-
     fighter shortfall peaking at over 250 aircraft in 2017. 
     Realizing this significant issue over the last two years, the 
     committee has added 17 F/A-18s to the Department's request to 
     help mitigate the shortfall. The Committee, under Chairman 
     Skelton's leadership, also included candid language within 
     the FY11 NDAA report stating that ``barring a complete 
     reversal'' of the F-35 program failures, the Committee 
     expects the Navy to ``continue production of F/A-18s to 
     prevent our naval airpower from losing significance in our 
     nation's arsenal,''
       I have made the commitment to my colleagues on the 
     Committee and to Chairman Skelton to get our shipbuilding 
     back on track. The United States Navy's goal is to maintain a 
     313 ship fleet capable of transporting troops around the 
     world, providing support for military operations, along with 
     a global U.S. presence. The Navy's fleet is currently at 286 
     ships, Starting in 2003, the wars in Iraq and Afghanistan, 
     shifted our defense needs primarily to the Army, the National 
     Guard and our Reserves. During this time, the Navy's 
     shipbuilding program went stagnant, lacked direction, and had 
     no plan in place to reach the Navy's stated goal of a 313 
     ship fleet.
       This all changed starting in 2007. The Armed Services 
     Committee began addressing the Navy's acquisition reform 
     process, the cost overruns as a result of Secretary 
     Rumsfeld's outsourcing of shipbuilding to contractors and 
     lead system integrators. We have provided the Navy real goals 
     to meet each year in order to build the Navy back to a 313 
     ship fleet.
       This reformation includes a proposed authorization of 10 
     ships in this year's National Defense Authorization Act. We 
     have worked to bring the Littoral Combat Ship (LCS) back 
     under control. These ships had been previously authorized, 
     but the program spun wildly out of control. It got to the 
     point where the contractors wanted $600 million for a ship 
     they originally said could be built for $220 million in 
     fiscal year 2005. This cost increase prevented the Navy from 
     building the amount of LCS' originally approved by Congress 
     which seriously affected the Navy's ability of reaching its 
     goal of a 313 ship fleet.
       Chairman Skelton and the Democratic majority also prevented 
     another costly over run from occurring by capping the DDG 
     1000 program at three ships at approximately $3 billion per 
     ship. This program was running billions of dollars over 
     budget. By capping this program at three ships, we allowed 
     the Navy to shift funds into a much more successful 
     shipbuilding program--the DDG 51 program. This maximizes the 
     Navy's budget by providing them with a ship that has a proven 
     track record for success and providing the funds to a proven 
     shipbuilding program that has already produced 58 ships for 
     the United States Navy,
       The Navy has also received authorization for 15 ships not 
     including the additional 10 ships in the proposed FY 2011 
     NDAA, to be built from fiscal years 2009 through 2011, Since 
     2007, the Navy's fleet has grown by 7 ships to 286 ships. 
     Prior to this, the Navy's fleet was the smallest it has been 
     since the 19th century at 279 ships. The progress made by the 
     Navy's shipbuilding program is the direct result of a clear 
     and consistent plan and new leadership at the Department of 
     the Navy. It is by no means a coincidence that the fleet has 
     grown and continues to grow under Chairman Skelton's 
     leadership during this Democratically controlled Congress.
       While men and women in the United States military continue 
     to be put in harms way in Iraq and Afghanistan we must 
     continue providing them the real support necessary to allow 
     them to successfully carry out their mission. It is clear 
     that the House Armed Services Committee under Chairman 
     Skelton, has provided much more than mere words or rhetoric 
     and has acted loudly to ensure that the Department of Defense 
     and our men and women fighting overseas constantly have what 
     they need to succeed in protecting and defending the United 
     States of America.
                                                      Gene Taylor,
                                               Member of Congress.

  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Forbes), the ranking member on the Readiness 
Subcommittee.
  Mr. FORBES. Thank you, Mr. Chairman, for the opportunity to stand in 
strong support of this bill as recommended. I would also like to 
express my sincere appreciation for Chairman Skelton, Ranking Member 
McKeon, and the chairman of our Readiness Subcommittee and my good 
friend from Texas, Mr. Ortiz.
  Creating legislation of this magnitude and of critical importance to 
the defense of this Nation is no easy task, and I appreciate their 
leadership and their hard work in crafting a solid bipartisan bill.
  Mr. Chairman, our Founding Fathers knew that our freedoms were so 
precious that they were worth protecting and worth defending. They also 
knew, as we know today, that one of the realities of having these 
freedoms is that there will always be individuals who want to rob them 
from us. Throughout the course of our Nation's history, we have seen 
this to be true. Today is no different. Recent attempts in Times 
Square, New York City, and on passenger airlines on Christmas Day are 
stark reminders that there are terrorist organizations that are 
actively trying to kill American citizens.
  Mr. Chairman, we need to keep terrorists off U.S. soil, not provide 
means for any administration to bring them here. And while the 
committee did not support an amendment that would have prevented the 
transfer of any Guantanamo Bay detainee to U.S. soil, I do want to take 
a moment to highlight one provision that I am very glad is included in 
the mark. This provision requires an inventory and analysis of the 
modeling and simulation tools used by the Department of Defense during 
the development of the annual budget. This is a terrific first step in 
making sure the department has the right tools to ensure that the 
readiness needs of commanders will be reflected in the budget. By 
starting with funding priorities in support of commanders out in the 
field, we will make sure we are providing what is required to defend 
America.
  Mr. Chairman, I thank you, and I thank all of the Members of this 
committee for their hard work in preparing this bill. I strongly 
encourage my colleagues to support H.R. 5136--provided it's not 
destroyed with the adoption of political amendments that could 
negatively impact the readiness of our troops, such as the removal of 
the Don't Ask, Don't Tell policy before the military has concluded its 
impact on our readiness.

                              {time}  1330

  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to my friend, my 
colleague, a former marine, and the distinguished chairman of the 
Subcommittee on Oversight and Investigations, the gentleman from 
Arkansas, Dr. Snyder.
  Mr. SNYDER. When the history of U.S. national security is written, 
Secretary Gates' speech given at the end of 2007 at Kansas State will 
be remembered. Yet as a new administration pursued these policies with 
Secretary Gates kept on as Secretary of Defense, criticisms were heard, 
criticisms with which I disagree.
  An America confident in more than just its military strength is a 
strong America. To remember our moral strength, not just our military 
strength, is to build a strong America. To build a strengthened 
diplomatic corps builds a strong America. Selling our products 
internationally and not fearing competition builds a strong America. 
Using our power to help other nations develop their economy, public 
health systems, rule of law builds our national security.
  Listening to nations like Bangladesh regarding what climate change 
means to them strengthens us. Listening to the voices that want America 
to be a beacon of human rights strengthens us. Yesterday's view that 
only military strength makes us strong is indeed yesterday's view.
  As we consider this very good defense bill, I applaud the 
administration's incredibly successful efforts at killing and capturing 
terrorists, but let us not forget our responsibilities to all aspects 
of national power and strength.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Florida (Mr. Miller), the ranking member of the Terrorism Subcommittee.
  Mr. MILLER of Florida. I thank the gentleman for yielding.
  I too rise in support of the defense authorization act for 2011 as it 
was passed out of the full committee. I do think we have taken some 
important steps on protecting those who work

[[Page H3895]]

every day to protect the people and protect those of us in the United 
States.
  The language that we had inserted into this bill, one of the things 
that it does is require the Department of Defense Inspector General to 
investigate the alleged misconduct and practices of certain lawyers for 
terrorist detainees at Guantanamo Bay.
  Unanimously, the committee approved this amendment, whereby we have 
said that these lawyers may very well have engaged in illegal actions 
by seeking to ``out'' covert agents to the very terrorists that these 
particular agents took off the battlefield.
  If this indeed is true, I can't think of a more offensive, 
unpatriotic and terrible act to be committed by the Americans that did 
this against fellow Americans.
  I also do stand with the ranking member in opposition to the repeal 
of Don't Ask, Don't Tell. I agree, we also need to allow the Department 
of Defense to complete its study before we jump the gun to a rash, 
premature decision, one that diverts our military's attention from its 
true priorities. Those priorities are succeeding in Iraq and 
Afghanistan, and also in keeping terrorists from harming Americans and 
its citizens.
  Unfortunately, if the Murphy amendment does pass and we do repeal 
Don't Ask, Don't Tell, I will have to vote against H.R. 5136. But I 
trust this body will reject the Murphy amendment and allow our forces 
to remain focused on the task at hand--defending America.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to my friend, the 
chair of the Subcommittee on Terrorism, Unconventional Threats and 
Capabilities, the gentlewoman from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. I thank the chairman for yielding.
  Mr. Chairman, I rise today as a 14-year member of the House Armed 
Services Committee and the chairwoman of the Subcommittee on Terrorism, 
Unconventional Threats and Capabilities to address probably what I 
believe is one of the most important assets that we have for the 
Department of Defense, the role of our small businesses in America.
  My subcommittee, along with the full committee, has worked hard to 
develop ways to expand opportunities for small businesses to get 
defense procurements. For example, we wanted to repeal the Small 
Business Competitive Demonstration Program. This would reinstitute the 
use of small business set-asides for Federal procurements in certain 
industry groups, assuring that these small businesses are awarded a 
fair proportion of Department of Defense contracts.
  The repeal of this program would not only have saved DOD money and 
personnel but would have improved small business prime and 
subcontracting opportunities.
  Secondly, the Armed Services Committee was hoping to extend the Small 
Business Innovation Research program by 1 year and to apply funding 
toward technical assistance for that program in order to strengthen the 
ability of small businesses to meet the demands of DOD requirements.
  It would have made perfect sense to move an extension within this 
bill because over 50 percent of that program is with the Department of 
Defense.
  Also, there is a program called the Mentor-Protege Program. It pairs 
up major DOD contractors with small businesses, and it helps to develop 
a relationship with these small contractors to help them.
  As you can see, these are good provisions for small businesses. 
Unfortunately, none of these amendments were approved by the Rules 
Committee because of the objections raised by the House Small Business 
Committee on grounds of jurisdiction. I think everyone in this Chamber 
will agree that small businesses are the backbone of many of our 
districts and I know that this is true in the 47th Congressional 
District of California.
  I hope that in the very near future, the Committee on Small Business 
will work with the Armed Services Committee to rapidly provide these 
resources to our small businesses.
  I rise today as a 14-year Member of the House Armed Services 
Committee and the Chairwoman of the Subcommittee on Terrorism and 
Unconventional Threats to address probably what I consider one of the 
most important assets to the Department of Defense--the role of small 
businesses.
  My subcommittee along with the full committee has worked hard to 
develop ways to expand opportunities for small businesses in defense 
procurement.
  Let me provide this chamber with a couple of amendments that would 
have ultimately not only strengthened this bill and the Department but 
would have also provided our country's small businesses with the 
resources in order to thrive in the competitive world of DoD 
contracting.
  For example, we wanted to repeal the Small Business Competitive 
Demonstration Program. This would re-institute the use of small 
business set-asides for Federal procurements in certain industry 
groups, assuring that these small businesses are awarded a fair 
proportion of DoD contracts.
  The repeal of this program would not only have saved DoD money--but 
also personnel--while improving small business prime and subcontracting 
opportunities.
  Second, the Armed Services Committee was hoping to extend the Small 
Business Innovation Research program by 1 year and apply funding toward 
technical assistance for the program in order to strengthen the ability 
of small businesses to meet the demands of DoD requirements.
  Currently, 11 Federal agencies are involved in the SBIR Program where 
DoD takes up 50 percent of the entire SBIR Program.
  It would have made perfect sense to move such an extension within the 
NDAA, because DoD has over 50 percent of the program.
  Through this year's bill the Committee was also working towards 
extending the DoD Mentor-Protege program by 5 years.
  The Mentor-Protege program is a program that started with DoD in 
1991.
  This program pairs up major DoD contractors with small businesses and 
helps develop a relationship where major contractors can provide 
developmental assistance to small businesses and guide them to a point 
where they can sustain themselves.
  As you can see, all these provisions would have significantly 
expanded and strengthened small business growth.
  One of my subcommittee's major responsibilities is to provide and 
expand resources for small businesses who want to do business with DoD.
  Unfortunately, none of these amendments were approved by the Rules 
Committee because of objections raised by the House Small Business 
Committee on grounds of jurisdiction.
  The FY2011 National Defense Authorization Act is a good piece of 
legislation that addresses several of the Defense Department's most 
important challenges, including:
  The fight to interrupt the flow of violent extremists and the 
ideological underpinnings of radicalization;
  The development and deployment of innovative and critical 
technologies;
  Defending our homeland from attacks and managing the consequences of 
catastrophic incidents including natural disasters;
  Enhancing strategies and capabilities to counter irregular warfare 
challenges;
  And enhancing force protection policies governing Department of 
Defense personnel.
  And I believe none of these challenges can be met without the 
innovation and technology of our small businesses.
  I think everyone in this chamber will agree that small businesses are 
the backbone of many of our districts; I know it is for the 47th 
District of California.
  I hope in the very near future the Committee on Small Businesses will 
work with the Armed Services Committee to rapidly provide these 
resources to our small businesses.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
South Carolina (Mr. Wilson), the ranking member on the Military 
Personnel Subcommittee.
  Mr. WILSON of South Carolina. I thank the gentleman from California 
for yielding.
  As the ranking member of the Military Personnel Subcommittee, there 
are a few issues I would like to highlight with regard to this year's 
National Defense Authorization Act.

[[Page H3896]]

  I am pleased the act adopted the Military Personnel Subcommittee mark 
in full and adopted some important amendments. Of note in the mark was 
a 1.9 percent basic pay raise for the military, as proposed in my bill, 
H.R. 4427.
  Concerning amendments, first is my amendment to ensure that the 
Secretary of Defense retains sole authority over TRICARE, the 
Department of Defense's health care system. This ensures that the 
health care system of our servicemen and women and families will not be 
overwhelmed in the health care takeover.
  I do have concerns about a few other issues that are not in the NDAA. 
First is the proposal that we would have allowed military personnel 
retired with disabilities to receive both their full military 
disability retirement pay and VA disability pay. The concurrent receipt 
issue has been addressed numerous times by the committee led by 
Congressman Jeff Miller of Florida, and while we have been making 
inroads, there are still many veterans who need our help.
  Additionally, it was not allowed to eliminate the widow's tax that 
results because surviving spouses are required to forfeit their 
survivor benefit pension annuity. This is a real burden to widows and 
children of servicemembers.
  I am also concerned about the retroactive retirement credit for Guard 
and Reserve soldiers who served after 9/11. These soldiers have 
answered the call to duty and deserve no less for their honorable 
service than their active duty counterparts.
  As we bring this act to the floor, it is important to keep the 
servicemember in the forefront of our mind. It is crucial to consider 
the repeal of the military's Don't Ask, Don't Tell policy. The service 
chiefs, as represented by the fighting men and women of our country, 
have again and again urged us not to change the law until they have 
sufficient time to conduct their study.
  We are a Nation at war, and, as such, we should follow the wishes of 
our war fighters.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to my friend, the 
distinguished chair of the Subcommittee on Military Personnel, the 
gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Chairman, I am pleased to summarize the 
Military Personnel Subcommittee portion of H.R. 5136, and I want to 
thank Mr. Wilson and Chairman Skelton for their contributions and 
certainly to our hardworking staff.
  This bill continues to improve the quality of life for our 
servicemembers, their families, and military survivors who carry such a 
heavy burden for our country. Some of the highlights include continued 
support for increased end strengths for the active Army and Navy, a 1.9 
percent pay raise, increases to hostile fire pay and family separation 
allowance, new initiatives to complement our Year of the Military 
Family, the authority for TRICARE beneficiaries to extend health care 
coverage to dependents up to age 26, adoption of the full range of 
recommendations by the Defense Task Force on Sexual Assault in the 
Military Services, and authorization of millions of dollars for Impact 
Aid.
  While we couldn't accommodate all the requests that were brought 
before the subcommittee, we were able to include many to address the 
needs of our military. But, Mr. Chairman, there is still a policy, a 
policy in place which no longer reflects the needs of our military.
  We can correct that today through the Murphy amendment to repeal 
Don't Ask, Don't Tell. The intent of this amendment is not to freeze 
the DOD implementation review process or discount the findings of the 
DOD's comprehensive working group on this subject. We support their 
work and know how important their findings will be to the successful 
repeal of Don't Ask, Don't Tell.
  A fundamental piece of this will be the opinions of our 
servicemembers. Congress sincerely values their point of view, and we 
know DOD will work hard to address their concerns. But DOD's review and 
the congressional action are not mutually exclusive.
  We have heard that repealing Don't Ask, Don't Tell will weaken unit 
cohesion and, by extension, national security. But this policy is 
forcing those in uniform to lie to their colleagues that weakens unit 
cohesion. And it is firing personnel during two wars just because they 
are gay that weakens national security.
  As chairwoman of the Military Personnel Subcommittee, I know that our 
military draws its strength from the integrity of our unified force. 
Current law challenges this integrity by creating two realities within 
the ranks. I urge my colleagues to look at this closely. I hope my 
colleagues will stand on the right side of history and end Don't Ask, 
Don't Tell.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Turner), the ranking member on the Strategic Forces 
Subcommittee.
  Mr. TURNER. I want to thank Ranking Member McKeon and also our chair, 
Mr. Skelton, and the chair, Mr. Langevin, of our Subcommittee on 
Strategic Forces.
  I support the committee-passed version of H.R. 5136, and particularly 
by the way that it strengthens our Nation's strategic forces. It 
endorses an increase in funding for the modernization of our Nation's 
nuclear deterrence capabilities, although this funding must be 
sustained in the outyears.
  It includes a $362 million increase in funding for missile defense, 
which I strongly support, and holds the administration accountable for 
deploying missile defenses in Europe to protect the United States and 
our NATO allies. It establishes a sense of Congress that there would be 
no limitations on U.S. missile defenses in Europe in the new START 
treaty, despite Russian statements to the contrary.
  There is an area, however, in which I am concerned in that the bill 
does not go far enough to provide a sufficient hedge to protect the 
United States from missile attack. The Phased Adaptive Approach for 
missile defense in Europe is not planned to cover the U.S. homeland 
until 2020, yet the ICBM threat from Iran to the U.S. could materialize 
as early as 2015, according to the latest intelligence assessments. 
Regrettably, an amendment I offered in full committee to address this 
gap was rejected.
  Another area which I support, I want to thank our chairman, Mr. 
Skelton, for his support of the custody rights of our military parents. 
This bill includes protection for the fundamental custody rights of 
those military parents. Once again it highlights the need for a 
baseline of child custody protections for our men and women in uniform, 
and it also includes language that criticizes an unofficial DOD report 
as an incomplete product that does not ascertain the full scope of this 
problem.
  Equally important in this bill is it strengthens the safety and 
family rights for military personnel. I want to thank Chairwoman Davis 
and Ranking Member Wilson for incorporating bipartisan language from 
the Tsongas-Turner Defense STRONG Act that seeks to enhance sexual 
assault protections as well as improving training requirements to 
protect our members.
  I thank my colleagues in the Armed Services Committee for their work 
on the 2011 National Defense Authorization Act. It is certainly my hope 
that we can retain the language passed by the committee so the House 
can have a bipartisan report.
  Mr. SKELTON. Mr. Chairman, pursuant to section 4 of House Resolution 
1404, and as the chairman of the Committee on Armed Services, I request 
that, during further consideration of H.R. 5136 in the Committee of the 
Whole, and following consideration of amendment No. 4 printed in House 
Report 111-498, the following amendments be considered: en bloc No. 1; 
amendment No. 13; en bloc No. 2; en bloc No. 3.
  The CHAIR. The gentleman's request is noted.
  Mr. SKELTON. Mr. Chairman, I now yield 2\1/2\ minutes to my friend, 
the gentleman from Rhode Island (Mr. Langevin), the chairman of the 
Subcommittee on Strategic Forces.

                              {time}  1345

  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. I thank the gentleman for yielding.
  Mr. Chairman, I rise in strong support of H.R. 5136, the National 
Defense Authorization Act for Fiscal Year 2011.
  This is a strong, bipartisan bill; and as chairman of the Strategic 
Forces

[[Page H3897]]

Subcommittee, it has been a pleasure working with Chairman Skelton and 
Ranking Member McKeon, as well as the ranking member of the 
subcommittee, Mr. Turner, and members of the committee in crafting this 
measure which provides our men and women in uniform with the tools to 
address some of the most pressing strategic threats to our national 
security.
  Members of our subcommittee are acutely aware that we are racing 
against time to secure vulnerable nuclear materials and prevent nuclear 
terrorism and that we must deter nations like Iran from developing 
nuclear weapons. We must also protect ourselves, our deployed forces 
and our allies against the growing threat of attacks from ballistic 
missiles, particularly from expanding stockpiles of short- and medium-
ranged rockets, as well as being mindful that both Iran and North Korea 
are pursuing development of ICBM capabilities.
  So our bill invests in maintaining a safe, secure, and reliable 
nuclear deterrent, providing an effective missile defense against the 
most likely and immediate threats, and protecting our national security 
space and intelligence assets.
  First, reflecting the President's commitment to provide a strong and 
sustained investment in our nuclear deterrent, the bill provides $15 
billion for the Department of Energy's Atomic Energy Defense 
Activities, not counting the nonproliferation programs. This includes 
$7 billion for nuclear weapons activities, a 10 percent increase over 
last year's funding, and $5.6 billion for defense environmental cleanup 
activities. This increase will sustain our nuclear arsenal without 
nuclear testing. It ensures we will maintain a credible deterrent as we 
responsibly reduce our stockpile and provides a robust foundation for 
implementing the administration's Nuclear Posture Review and President 
Obama's historic efforts to reduce nuclear dangers.
  Second, H.R. 5136 will strengthen our ballistic missile defenses by 
providing $10.3 billion to protect the United States, our deployed 
troops, and our allies and friends against the most immediate threats 
from nations such as Iran, Syria, and North Korea. Our funding 
increases ensure that we will purchase key elements of the 
administration's Phased Adaptive Approach for ballistic missile defense 
in Europe more efficiently and at lower overall cost.
  The bill also provides an additional $88 million for the longstanding 
U.S.-Israeli collaboration on missile defense programs. Further, the 
bill provides a $50 million increase for directed energy research and 
the Airborne Laser Test Bed to facilitate the testing and development 
of technologies that are most likely to yield operational capabilities 
in the future.
  The CHAIR. The time of the gentleman has expired.
  Mr. SKELTON. I yield the gentleman an additional 15 seconds.
  Mr. LANGEVIN. The bill also requires operationally realistic testing 
of missile defense systems. It makes deployment of missile defenses in 
Europe contingent on such testing, as well as host nation ratification 
of any deployments on European soil.
  I am proud of our smart spending decisions to strengthen our defenses 
against current missile threats. We are embracing good government 
practices and emphasizing thorough testing that reduces the costs to 
American taxpayers in the long run.
  Finally, this authorization builds on the bipartisan approach of 
previous years to military space programs, providing $9.7 billion to 
sustain and improve these critical assets that are essential to our 
warfighters.
  I want to thank Chairman Skelton for his leadership one again in 
crafting such a strong measure, and I urge my colleagues to support it.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Wittman), the ranking member on the Oversight and 
Investigations Subcommittee.
  Mr. WITTMAN. Mr. Chairman, I would like to begin by congratulating 
Ranking Member McKeon and Chairman Skelton for their fine work on the 
National Defense Authorization bill for 2011.
  Mr. Chairman, the defense authorization bill provides our Department 
of Defense the resources it needs and addresses the committee's 
priorities in supporting our men and women in uniform, their spouses 
and families.
  To enable our servicemembers to continue defending our freedoms 
abroad, we owe it to them to provide the best available support, 
training and equipment; and this bill reflects our undying commitment 
to those servicemembers. After traveling to Afghanistan and Pakistan 
last month on a congressional delegation and visiting the troops in the 
field, I know it is critical that we move the bill forward quickly to 
provide them that vital support.
  The funding and support in this bill for the wars in Afghanistan and 
Iraq are critical. That support back home is just as critical. I am 
concerned, though, today about the attempt to repeal the Don't Ask, 
Don't Tell policy without listening to our servicemembers first. We are 
currently fighting two wars and asking our men and women to make 
tremendous sacrifices. Now this Congress wants to act without their 
regard and essentially tell our American military members and families 
that their views do not count.
  We have only been given 5 minutes to debate this policy which will 
affect millions of American servicemembers and their families. Surely 
the American people and the military deserve more, especially as we 
head into the Memorial Day weekend intending to honor our 
servicemembers.
  Furthermore, we heard from all the service branch chiefs yesterday 
asking Congress not to support this amendment and wait for the study 
next year. I believe Congress must make a fully informed decision, and 
the Department of Defense must provide Congress a full and complete 
report on the ramifications of changing the current law or whether a 
change is necessary. We owe that much to our military personnel to 
listen to them and to wait for the completion of a study next year.
  Mr. SKELTON. Mr. Chairman, may I inquire of the time remaining, 
please.
  The CHAIR. The gentleman from Missouri has 5\1/4\ minutes remaining; 
the gentleman from California has 7\1/2\ minutes remaining.
  Mr. SKELTON. Would the gentleman from California care to proceed?
  Mr. McKEON. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Conaway), a member of the committee.
  Mr. CONAWAY. Mr. Chairman, I rise in support of the bill as it passed 
out of the committee by unanimous vote. This legislation authorizes 
good policy for directing the defense of our Nation. I also strongly 
support the addition of the IMPROVE Act of 2010, which has already 
passed this House with an overwhelming vote.
  The IMPROVE Act will make needed improvements to the way the 
acquisition process is managed; it will also help us move closer to the 
day that the financial statements of the Department of Defense are 
auditable and receive an unqualified opinion.
  Mr. Chairman, the Murphy amendment will tell the 350,000-plus men and 
women who are currently participating in the survey that what they 
think about Don't Ask, Don't Tell Members of Congress, quite frankly, 
couldn't care less what they say. While those constituents may work for 
the Department of Defense and the President, as Commander in Chief, 
they are our constituents. We are criticized roundly in this realm for 
not listening to our constituents, and a vote for the Murphy amendment 
will codify that statement in their minds.
  I will oppose the Murphy amendment. I will also oppose the overall 
legislation if the Murphy amendment is adopted.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my colleague, my 
friend, the distinguished chairman of the Budget Committee who is also 
a member of our Committee on Armed Services, the gentleman from South 
Carolina (Mr. Spratt).
  Mr. SPRATT. I thank my good friend and colleague for yielding and 
commend him for the job he has done in bringing together an excellent 
bill to this floor.
  This bill fully funds national security activities in the Departments 
of Defense and Energy, including top-line funding increases for DOD as 
well as fully funding Iraq and Afghanistan operations. This is the 
fourth consecutive year that the Congress has significantly increased 
funding for the military of this country. Overall, this bill

[[Page H3898]]

provides $548 billion for DOD, $159 billion for operations in Iraq and 
Afghanistan, and a total altogether of $726 billion, if you include the 
Department of Energy.
  Among the unsung heroes in our national military are the families who 
serve every bit as much as the member, particularly when there is 
deployment in the family. This bill recognizes the vital role they play 
and provides a 1.9 percent pay increase, it expands TRICARE health 
coverage to include adult dependent children up to the age of 26, it 
increases family separation allowance for troops who are deployed and 
away from their families, and it increases hostile fire and imminent 
danger pay for the first time since 2004.
  There will be more extensive debate later on the alternate engine, 
which this bill accommodates and provides for. Let me simply say I 
think it makes sense and saves money--it will in the long run--because 
the $100 billion program for the engine alone is something where 
competition is vitally needed.
  Having followed the course of ballistic missile defense for some 
time, it's of interest to me that this bill amply provides for military 
defense for a robust missile defense, providing $10.3 billion, which is 
$361.6 million above the budget request.
  Let me say finally that this bill is consistent too with the glide 
path that has been set for exploring the ramifications of a change on 
our Don't Ask, Don't Tell policy. I think it would be wise if we left 
the Secretary of Defense to finish his exploration, along with the 
military chiefs, before dictating any changes.
  Mr. McKEON. Mr. Chairman, I yield 1 minute to the gentleman from 
Louisiana, a member of the committee, Dr. Fleming.
  Mr. FLEMING. I thank the gentleman for yielding.
  First of all, I want to congratulate the chairman and ranking member 
for an excellent mark. I voted for it coming out of committee. I have 
three amendments in en bloc, two I would like to mention quickly.
  One is military retiree pay adjustment that ensures our Nation's 
military retirees are always paid on or before the first of each month. 
Second, it requires reports to Congress on U.S. modernization, 
sustainment, and recapitalization of our bomber force. However, I am 
very disappointed. The lack of an ear to the people of this country by 
this Congress is unprecedented, and a good example is the Murphy 
amendment that we see today that repeals Don't Ask, Don't Tell when we 
have a scheduled report coming out the 1st of December, and we had the 
entire Joint Chiefs of Staff and Secretary Gates who oppose that. So I 
will oppose the Don't Ask, Don't Tell repeal.
  Mr. SKELTON. Mr. Chairman, may I inquire about the available time.
  The CHAIR. The gentleman has 3\1/4\ minutes remaining.
  Mr. SKELTON. I yield 1\1/4\ minutes to the gentleman from New Jersey 
(Mr. Andrews), the chairman of the acquisition reform task force.
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)
  Mr. ANDREWS. Mr. Chairman, the best way to defend this country is to 
have every person who is willing to serve her have the opportunity to 
do so and who is able to do so. That's the intention of the Murphy 
amendment which, frankly, there have been a series of 
misrepresentations about.
  Let's set the record straight. If the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff believe, after listening to the 
input of our service personnel, after reviewing the facts, if they 
believe that implementation of this policy would in any way undercut 
the readiness or effectiveness of our Armed Forces, they will not 
certify the policy, and it will not happen. This policy will happen 
only when the Secretary of Defense and the Chairman of the Joint Chiefs 
of Staff say that it's the right thing to do for this country.
  The right thing to do for this country is not to ask someone what 
church they go to, what country they came from, what color they are, or 
what their sexual orientation is. It's to ask if they're willing and 
able to serve, and that is what we are going to do.
  Mr. McKEON. Mr. Chairman, I yield 1 minute to the gentleman from 
Delaware (Mr. Castle).
  Mr. CASTLE. I thank the gentleman for yielding.
  I rise today to express concern with section 346 of the National 
Defense Authorization Act.
  While the bill before us takes the important step of preventing the 
move of any C-130 aircraft away from air reserve components until 
Congress receives written agreement on the details of such a temporary 
transfer, I believe we should consider implementing a time limitation 
of 18 months on the duration of those loans.
  As a former Governor, I understand the important role the Air 
National Guard provides in meeting our homeland security needs and that 
any aircraft reductions may significantly impact each State's ability 
to respond to emergencies. If this body does choose to move forward 
with a C-130 loan agreement, we should at least set up a regime to 
ensure this is truly a temporary transfer. Hopefully, we can consider 
these issues as the bill moves forward.

                              {time}  1400

  Mr. SKELTON. Mr. Chair, pursuant to section 4 of House Resolution 
1404, I hereby give notice that amendment Nos. 80 and 82 may be offered 
out of order.
  Mr. Chairman, I yield 1 minute to the distinguished gentlewoman from 
Wisconsin (Ms. Baldwin).
  Ms. BALDWIN. Mr. Chairman, today, we have the opportunity to right a 
wrong.
  I rise in strong support of repealing the military's Don't Ask, Don't 
Tell policy.
  Seventeen years after Congress passed Don't Ask, Don't Tell, we know 
that it is a misguided, unjust, and discriminatory policy. Not only 
does Don't Ask, Don't Tell damage the lives and livelihoods of military 
professionals, it deprives our Nation and our Armed Forces of their 
honorable service and of their needed skills. Under this law, almost 
14,000 servicemembers have been discharged, including almost 1,000 
mission-critical troops and at least 60 Arabic speakers and 10 Farsi 
linguists. It is indefensible.
  When the House votes to repeal Don't Ask, Don't Tell, we will have 
taken one more step on the path to full civil rights and equality for 
LGBT Americans, but we will also change the course of history for all 
of the courageous Americans who serve our country and for their 
families.
  Mr. Chairman, in the land of the free and the home of the brave, it 
is long past time for Congress to end this un-American policy.
  Mr. McKEON. Mr. Chairman, may I inquire as to the time we have 
remaining.
  The Acting CHAIR (Mr. Serrano). The gentleman from California has 
4\1/2\ minutes remaining; the gentleman from Missouri has 1 minute 
remaining.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Oklahoma (Ms. Fallin).
  Ms. FALLIN. Mr. Chairman, this Memorial Day, we thank our men and 
women serving our Nation--our veterans, their families, and those who 
have given their lives to defend and protect Americans. We honor their 
sacrifices on behalf of our freedom as a Nation.
  My colleagues and I have worked very hard in our Armed Services 
Committee on the National Defense Authorization Act, which I believe to 
be an effective and comprehensive blueprint for our Nation's defense 
both at home and abroad. Most importantly, I believe this bill provides 
our men and women in uniform with the support and protection they need 
and deserve both on and off the battlefield.
  Every day, these brave men and women put their lives on the line for 
the safety and security of our Nation, and it is our job to make sure 
that they receive the quality support and services they need, 
especially when they return home.
  I am very grateful for my amendments to improve the detection and the 
diagnosis of common combat-related afflictions, like that of ringing in 
the ears, of posttraumatic stress disorder, and of traumatic brain 
injury, which are all included in this year's authorization. The sooner 
we catch these prevalent service-related injuries, the sooner we will 
simultaneously improve the quality of the lives of our troops and will 
reduce the costs of health care across the board for them.
  So, as this Memorial Day approaches, I hope we all remember our 
troops--those who are currently serving and

[[Page H3899]]

those who have served our country to defend our freedoms.
  If this bill makes it off the floor as it came out of the committee, 
which was in one piece, then I will be supporting it. If there are 
changes that deal with some other issues that this committee has raised 
in the last few minutes as objectionable, then we will be considering 
them.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, picture in your mind an American soldier, a corporal, 
patrolling in Afghanistan, wearing his American-made uniform, carrying 
his American-made M4 rifle, having been transported in an MRAP security 
vehicle to his place of patrolling, with a radio on his back which was 
made in America--all of these items furnished by the Congress of the 
United States and under our duty and the duty to train and to allow him 
to be fully prepared to fight the fight that he is.
  That is what is important in what we do today. That is the purpose of 
an authorization bill. It is required by the Constitution of the United 
States. It is paramount. It is the most important job that we have to 
do--to provide for the security of those who fight and who protect us 
in their line of duty.
  I yield back the balance of my time.
  Mr. McKEON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Colorado (Mr. Coffman), a member of the committee.
  Mr. COFFMAN of Colorado. Mr. Chairman, I rise in support of the 
defense authorization bill, but I rise in opposition to the Murphy 
amendment to the bill.
  Congress must review the results of the Department of Defense study 
on Don't Ask, Don't Tell before we vote to reverse the existing policy 
or to keep it. The purpose of this study is to survey those in uniform 
on this issue. The Murphy amendment essentially says that we are not 
willing to listen to those who currently serve in uniform before making 
our decision.
  It was during the first gulf war when I served as a ground combat 
leader with the United States Marine Corps that I found that the 
interdependent bond that was formed between marines on a ground combat 
team was essential to our effectiveness on the battlefield. My concern 
is that the ability for this bond to form might be greatly degraded 
with the interjection of sexuality, whether it be heterosexuality or 
homosexuality.
  I think that it is absolutely essential for the study to be completed 
so that the Department of Defense can demonstrate how challenges, such 
as the one that I just raised, and concerns will be handled before 
Congress makes a final decision on whether to keep the current policy 
in regards to sexual orientation or to reject it.
  Mr. McKEON. I yield myself the balance of my time.
  Mr. Chairman, as I mentioned earlier, I think this is an outstanding 
bill. I think the chairman has worked very hard. I think the members of 
the committee--the subcommittee chairman and the ranking members--have 
all worked very hard, and the staff.
  It is an excellent product as it stands right now. I think we will 
have, unfortunately, insufficient time to debate the Murphy amendment 
about Don't Ask, Don't Tell. I think that it is unfortunate that the 
Rules Committee did not give us the time that will be necessary to 
fully debate that, but we will take advantage of the time as we may.
  I would like to say, as for many of the Members who have spoken today 
on our side, they do support the bill as it came out of committee. They 
hope that it will be improved, but if the Don't Ask, Don't Tell Murphy 
amendment passes, many of them will not be able to support the final 
passage, which is, indeed, I believe, a tragedy. None of us have ever 
before, to my knowledge, voted against the defense authorization bill, 
and we really don't do that lightly. We want to support all of this 
product, and we hope that we will be able to work this out as the day 
goes on.
  Mr. MATHESON. Mr. Chair, I rise in support of H.R. 5136, the National 
Defense Authorization Act for Fiscal Year 2011. This bill makes 
investments in our nation's military, authorizes funding to further 
strengthen our national security, and provides resources and aid to 
service members and their families.
  However, I am disappointed with a Sense of Congress that was added to 
this bill during the House Armed Services Committee Markup. This Sense 
of Congress states that the administration's recently released Nuclear 
Posture Review (NPR) weakens our national security. I disagree with 
that position. The Nuclear Posture Review, led by the Department of 
Defense, states that America's nuclear arsenal will be maintained 
safely and securely without the need to develop new nuclear warheads.
  The Nuclear Posture Review is particularly important as it shuts the 
door on new nuclear weapons testing. I have long had concerns that the 
development of new nuclear weapons could lead us back down a path to 
new nuclear weapons testing, which I strongly oppose. Utahns and others 
living downwind of the Nevada Test Site have paid dearly for government 
deception about the safety of past nuclear weapons testing activities. 
I will continue to work to ensure that history is not repeated. 
Evidence has long supported the fact that our current nuclear arsenal 
is a sufficient and reliable deterrent. In 2006 the National Nuclear 
Security Administration released the results of a five-year, peer-
reviewed study which found that plutonium remains potent as a weapons 
fuel for at least 90 years and perhaps much longer.
  I believe the NPR sets us on a path forward that secures our existing 
weapons stockpile as a continued, effective deterrent, combined with 
efforts to reduce nuclear danger in the world. This direction will 
allow the U.S. to focus on securing the intelligence and the 
conventional weapons that we need to deal with the real and ongoing 
terrorist threat that we face and assuring our continued national 
security. I hope that as the Senate considers this bill, it will 
reevaluate this misguided Sense of the Congress and recognize the 
importance of the Nuclear Posture Review.
  Mr. CONYERS. Mr. Chair, I rise in strong opposition to H.R. 5136, the 
``National Defense Authorization Act for Fiscal Year 2011.'' As with 
most omnibus pieces of legislation, there are many provisions I 
support, as well as those I do not. Unfortunately, the improvements to 
our military policy do little to blunt the effect of the wasteful 
billions authorized for military spending, which continue to feed the 
military-industrial complex and the ever-growing imperial overstretch 
of our military around the world.
  I do want to briefly acknowledge a few of the provisions I supported 
in this bill. First, I am heartened that an amendment I offered with my 
colleague, Representative Geoff Davis of Kentucky, was adopted by the 
House. Our amendment builds on our bipartisan resolution, H. Con. Res. 
94, and would instruct the Secretary of Defense, in coordination with 
the Secretary of State, to submit a report to Congress assessing the 
strategic benefits of the successful negotiation of a ``rules of the 
road'' Incidents At Sea naval agreement including the United States and 
Iran. I believe such an agreement would reduce tensions in the region 
and help prevent accidental war. I am heartened that the Defense 
Department and State Department will officially address this critical 
issue.
  Additionally, I want to acknowledge the good work of Representatives 
Schakowsky, McGovern, Hinchey, and Moran. Together, we successfully 
offered an amendment that would empower the Special Inspector General 
for Afghanistan Reconstruction to improve its oversight and take steps 
to deny federal funding to private security contractors responsible for 
the deaths of Afghan civilians. For far too long, mercenaries like 
Blackwater have acted with impunity in the theaters of war, committing 
human rights atrocities and soiling the good name of the American 
people. With the adoption of this amendment, we are hopefully moving 
closer to finally putting these reckless soldiers of fortune out of 
business.
  Unfortunately, this authorization does not do nearly enough to 
properly reorient our national security posture to earn my vote. As 
with past defense budgets, it spends too much on war, outdated Cold War 
weapons systems, and nuclear weaponry.
  The American people cannot afford the $159.3 billion provided in this 
bill to fund our ``overseas contingency operations''--the Orwellian 
term for our wars in Afghanistan and Iraq--with our economy struggling 
to escape recession and with so many families torn apart by long 
deployments, debilitating battlefield wounds, and heart-wrenching 
premature deaths. Continuing to fund our wars simply continues to 
compound the mistakes of the previous administration and I, in good 
conscience, cannot support a bill that continues us down this path of 
folly which has, to date, cost us the lives of 1,000 young men and 
women in Afghanistan and nearly $1 trillion in war spending since 2001.
  I was inspired by a passage in the President's new National Security 
Strategy, which was released today. It spoke of another path towards 
securing our homeland and brokering peace around the world. It simply 
and eloquently stated:

       The freedom that America stands for includes freedom from 
     want. Basic human

[[Page H3900]]

     rights cannot thrive in places where human beings do not have 
     access to enough food, or clean water, or the medicine they 
     need to survive.

  Those are powerful words and they speak to a universal truth: When we 
love and care for one another, we do not need to rely on nuclear 
weapons, Virginia-class submarines, or other tools of destruction to 
secure ourselves and our families. We don't need to invest 26.5 million 
in ``counter-ideology initiatives,'' when our national policy is to 
export hope and dignity instead of Predator drone missiles. The death 
of a family member and the humiliation associated with a night raid is 
what radicalizes someone to the point where they seek to harm the 
American people. We can and we must stop these destructive practices if 
we hope to win over our brothers and sisters in the Muslim world.
  I have unending faith in the ability of the American people to change 
our country's course when needed. I believe that they can stand up and 
say ``no'' to our nation being perpetually at war. I believe that they 
can say no to spending more on defense than all the other nations of 
the world combined, especially when people in Detroit and Hamtramck and 
Dearborn still need a job that pays a decent wage. I hope my fellow 
Members will join me in opposing this bill, so that we can inspire the 
American people to pursue another, better path.
  Mr. McEON.Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill is considered as an original bill for the purpose 
of amendment under the 5-minute rule and is considered read.
  The text of the amendment in the nature of a substitute is as 
follows:

                               H.R. 5136

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``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 four 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.
Sec. 4. Treatment of successor contingency operation to Operation Iraqi 
              Freedom.

            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--Army Programs

Sec. 111. Procurement of early infantry brigade combat team increment 
              one equipment.
Sec. 112. Report on Army battlefield network plans and programs.

                       Subtitle C--Navy Programs

Sec. 121. Incremental funding for procurement of large naval vessels.
Sec. 122. Multiyear procurement of F/A-18E, F/A-18F, and EA-18G 
              aircraft.
Sec. 123. Report on naval force structure and missile defense.

                     Subtitle D--Air Force Programs

Sec. 131. Preservation and storage of unique tooling for F-22 fighter 
              aircraft.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on procurement of F-35 Lightning II aircraft.
Sec. 142. Limitations on biometric systems funds.
Sec. 143. Counter-improvised explosive device initiatives database.
Sec. 144. Study on lightweight body armor solutions.

         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. Report requirements for replacement program of the Ohio-class 
              ballistic missile submarine.
Sec. 212. Limitation on obligation of funds for F-35 Lightning II 
              aircraft program.
Sec. 213. Inclusion in annual budget request and future-years defense 
              program of sufficient amounts for continued development 
              and procurement of competitive propulsion system for F-35 
              Lightning II aircraft.
Sec. 214. Separate program elements required for research and 
              development of Joint Light Tactical Vehicle.

                  Subtitle C--Missile Defense Programs

Sec. 221. Limitation on availability of funds for missile defenses in 
              Europe.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense 
              Agency with foreign entities.
Sec. 223. Phased, adaptive approach to missile defense in Europe.
Sec. 224. Homeland defense hedging policy.
Sec. 225. Independent assessment of the plan for defense of the 
              homeland against the threat of ballistic missiles.
Sec. 226. Study on ballistic missile defense capabilities of the United 
              States.
Sec. 227. Reports on standard missile system.

                          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.
Sec. 234. Joint assessment of the joint effects targeting system.

                       Subtitle E--Other Matters

Sec. 241. Escalation of force capabilities.
Sec. 242. Pilot program to include technology protection features 
              during research and development of defense systems.
Sec. 243. Pilot program on collaborative energy security.

                  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. Testing and certification plan for operational use of an 
              aviation biofuel derived from materials that do not 
              compete with food stocks.
Sec. 314. Report identifying hybrid or electric propulsion systems and 
              other fuel-saving technologies for incorporation into 
              tactical motor vehicles.

                 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. Pilot program on best value for contracts for private 
              security functions.
Sec. 324. Standards and certification for private security contractors.
Sec. 325. Prohibition on establishing goals or quotas for conversion of 
              functions to performance by Department of Defense 
              civilian employees.

                          Subtitle D--Reports

Sec. 331. Revision to reporting requirement relating to operation and 
              financial support for military museums.
Sec. 332. Additional reporting requirements relating to corrosion 
              prevention projects and activities.
Sec. 333. Modification and repeal of certain reporting requirements.
Sec. 334. Report on Air Sovereignty Alert mission.
Sec. 335. Report on the SEAD/DEAD mission requirement for the Air 
              Force.

          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. Improvement and extension of Arsenal Support Program 
              Initiative.
Sec. 343. Extension of authority to reimburse expenses for certain Navy 
              mess operations.
Sec. 344. Limitation on obligation of funds for the Army Human Terrain 
              System.
Sec. 345. Limitation on obligation of funds pending submission of 
              classified justification material.
Sec. 346. Limitation on retirement of C-130 aircraft from Air Force 
              inventory.
Sec. 347. Commercial sale of small arms ammunition in excess of 
              military requirements.
Sec. 348. Limitation on Air Force fiscal year 2011 force structure 
              announcement implementation.

                       Subtitle F--Other Matters

Sec. 351. Expedited processing of background investigations for certain 
              individuals.
Sec. 352. Adoption of military working dogs by family members of 
              deceased or seriously wounded members of the Armed Forces 
              who were handlers of the dogs.

[[Page H3901]]

Sec. 353. Revision to authorities relating to transportation of 
              civilian passengers and commercial cargoes by Department 
              of Defense when space unavailable on commercial lines.
Sec. 354. 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. 355. Inventory and study of budget modeling and simulation tools.
Sec. 356. Sense of Congress regarding continued importance of High-
              Altitude Aviation Training Site, Colorado.
Sec. 357. Department of Defense study on simulated tactical flight 
              training in a sustained g environment.
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. Age for health care professional appointments and mandatory 
              retirements.
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 list of officers 
              recommended for promotion.
Sec. 505. Eligibility of officers to serve on boards of inquiry for 
              separation of regular officers for substandard 
              performance and other reasons.
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. Preseparation counseling for members of the reserve 
              components.
Sec. 512. Military correction board remedies for National Guard 
              members.
Sec. 513. Removal of statutory distribution limits on Navy reserve flag 
              officer allocation.
Sec. 514. Assignment of Air Force Reserve military technicians (dual 
              status) to positions outside Air Force Reserve unit 
              program.
Sec. 515. Temporary authority for temporary employment of non-dual 
              status military technicians.
Sec. 516. Revised structure and functions of Reserve Forces Policy 
              Board.
Sec. 517. Merit Systems Protection Board and judicial remedies for 
              National Guard technicians.

         Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Technical revisions to definition of joint matters for 
              purposes of joint officer management.
Sec. 522. Changes to process involving promotion boards 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. Correction of military records.
Sec. 533. Modification of Certificate of Release or Discharge from 
              Active Duty (DD Form 214) to specifically identify a 
              space for inclusion of email address.
Sec. 534. Recognition of role of female members of the Armed Forces and 
              Department of Defense review of military occupational 
              specialties available to female members.

             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. Limitations on use in personnel action of information 
              contained in criminal investigative report or in index 
              maintained for law enforcement retrieval and analysis.
Sec. 544. Protection of child custody arrangements for parents who are 
              members of the Armed Forces deployed in support of a 
              contingency operation.
Sec. 545. Improvements to Department of Defense domestic violence 
              programs.
Sec. 546. Public release of restricted annex of Department of Defense 
              Report of the Independent Review Related to Fort Hood 
              pertaining to oversight of the alleged perpetrator of the 
              attack.

      Subtitle F--Member Education and Training Opportunities and 
                             Administration

Sec. 551. Repayment of education loan repayment benefits.
Sec. 552. Active duty obligation for graduates of the military service 
              academies participating in the Armed Forces Health 
              Professions Scholarship and Financial Assistance program.
Sec. 553. Waiver of maximum age limitation on admission to service 
              academies for certain enlisted members who served during 
              Operation Iraqi Freedom or Operation Enduring Freedom.
Sec. 554. Report of feasibility and cost of expanding enrollment 
              authority of Community College of the Air Force to 
              include additional members of the Armed Forces.

               Subtitle G--Defense Dependents' Education

Sec. 561. Continuation of authority to assist local educational 
              agencies that benefit dependents of members of the Armed 
              Forces and Department of Defense civilian employees.
Sec. 562. Enrollment of dependents of members of the Armed Forces who 
              reside in temporary housing in Department of Defense 
              domestic dependent elementary and secondary schools.

          Subtitle H--Decorations, Awards, and Commemorations

Sec. 571. Notification requirement for determination made in response 
              to review of proposal for award of a Medal of Honor not 
              previously submitted in timely fashion.
Sec. 572. Department of Defense recognition of spouses of members of 
              the Armed Forces.
Sec. 573. Department of Defense recognition of children of members of 
              the Armed Forces.
Sec. 574. Clarification of persons eligible for award of bronze star 
              medal.
Sec. 575. Award of Vietnam Service Medal to veterans who participated 
              in Mayaguez rescue operation.
Sec. 576. Authorization for award of Medal of Honor to certain members 
              of the Army for acts of valor during the Civil War, 
              Korean War, or Vietnam War.
Sec. 577. Authorization and request for award of Distinguished-Service 
              Cross to Jay C. Copley for acts of valor during the 
              Vietnam War.
Sec. 578. Program to commemorate 60th anniversary of the Korean War.

             Subtitle I--Military Family Readiness Matters

Sec. 581. Appointment of additional member of Department of Defense 
              Military Family Readiness Council.
Sec. 582. Director of the Office of Community Support for Military 
              Families With Special Needs.
Sec. 583. Pilot program of personalized career development counseling 
              for military spouses.
Sec. 584. Modification of Yellow Ribbon Reintegration Program.
Sec. 585. Importance of Office of Community Support for Military 
              Families with Special Needs.
Sec. 586. Comptroller General report on Department of Defense Office of 
              Community Support for Military Families with Special 
              Needs.
Sec. 587. Comptroller General report on Exceptional Family Member 
              Program.
Sec. 588. Comptroller General review of Department of Defense military 
              spouse employment programs.
Sec. 589. Report on Department of Defense military spouse education 
              programs.

                       Subtitle J--Other Matters

Sec. 591. Establishment of Junior Reserve Officers' Training Corps 
              units for students in grades above sixth grade.
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. Date for submission of annual report on Department of Defense 
              STARBASE Program.
Sec. 595. Extension of deadline for submission of final report of 
              Military Leadership Diversity Commission.
Sec. 596. Enhanced 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. 597. Report on performance and improvements of Transition 
              Assistance Program.
Sec. 598. Sense of Congress regarding assisting members of the Armed 
              Forces to participate in apprenticeship programs.

[[Page H3902]]

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2011 increase in military basic pay.
Sec. 602. Basic allowance for housing for two-member couples when one 
              or both members are on sea duty.
Sec. 603. Allowances for purchase of required uniforms and equipment.
Sec. 604. Increase in amount of family separation allowance.
Sec. 605. One-time special compensation for transition of assistants 
              providing aid and attendance care to members of the 
              uniformed services with catastrophic injuries or 
              illnesses.
Sec. 606. Expansion of definition of senior enlisted member to include 
              senior enlisted member serving within a combatant 
              command.
Sec. 607. 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.
Sec. 617. Treatment of officers transferring between Armed Forces for 
              receipt of aviation career special pay.
Sec. 618. Increase in maximum amount of special pay for duty subject to 
              hostile fire or imminent danger or for duty in foreign 
              area designated as an imminent danger area.
Sec. 619. Special payment to members of the Armed Forces and civilian 
              employees of the Department of Defense killed or wounded 
              in attacks directed at members or employees outside of 
              combat zone, including those killed or wounded in certain 
              2009 attacks.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Extension of authority to provide travel and transportation 
              allowances for inactive duty training outside of normal 
              commuting distances.
Sec. 632. Travel and transportation allowances for attendance of 
              designated persons at Yellow Ribbon Reintegration events.
Sec. 633. Mileage reimbursement for use of privately owned vehicles.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Elimination of cap on retired pay multiplier for members with 
              greater than 30 years of service who retire for 
              disability.
Sec. 642. Equity in computation of disability retired pay for reserve 
              component members wounded in action.
Sec. 643. Elimination of the age requirement for health care benefits 
              for non-regular service retirees.
Sec. 644. 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. 645. Special survivor indemnity allowance for recipients of pre-
              Survivor Benefit Plan annuity affected by required offset 
              for dependency and indemnity compensation.
Sec. 646. Payment date for retired and retainer pay.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                        Benefits and Operations

Sec. 651. Shared construction costs for shopping malls or similar 
              facilities containing a commissary store and one or more 
              nonappropriated fund instrumentality activities.
Sec. 652. 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. 653. Feasibility study on establishment of full exchange store in 
              the Northern Mariana Islands.

           Subtitle F--Alternative Career Track Pilot Program

Sec. 661. Pilot program to evaluate alternative career track for 
              commissioned officers to facilitate an increased 
              commitment to academic and professional education and 
              career-broadening assignments.

                       Subtitle G--Other Matters

Sec. 671. Participation of members of the Armed Forces Health 
              Professions Scholarship and Financial Assistance program 
              in active duty health profession loan repayment program.
Sec. 672. Retention of enlistment, reenlistment, and student loan 
              benefits received by military technicians (dual status).
Sec. 673. Cancellation of loans of members of the Armed Forces made 
              from student loan funds.

                   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 TRICARE.
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. Updated terminology for the Army medical service corps.
Sec. 713. Clarification of licensure requirements applicable to 
              military health-care professionals who are members of the 
              national guard performing duty while in title 32 status.
Sec. 714. Annual report on joint health care facilities of the 
              Department of Defense and the Department of Veterans 
              Affairs.
Sec. 715. Improvements to oversight of medical training for Medical 
              Corps officers.
Sec. 716. Study on reimbursement for costs of health care provided to 
              ineligible individuals.
Sec. 717. Limitation on transfer of funds to Department of Defense-
              Department of Veterans Affairs medical facility 
              demonstration project.
Sec. 718. Enterprise risk assessment of health information technology 
              programs.

                       Subtitle C--Other Matters

Sec. 721. Improving aural protection for members of the Armed Forces.
Sec. 722. Comprehensive policy on neurocognitive assessment by the 
              military health care system.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Report on feasibility of study on breast cancer among female 
              members of the Armed Forces.
Sec. 725. Assessment of post-traumatic stress disorder by military 
              occupation.
Sec. 726. Visiting NIH Senior Neuroscience Fellowship 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 F135 and F136 engine development and 
              procurement programs as major subprograms.
Sec. 803. Conforming amendments relating to inclusion of major 
              subprograms to major defense acquisition programs under 
              various acquisition-related requirements.
Sec. 804. Enhancement of Department of Defense authority to respond to 
              combat and safety emergencies through rapid acquisition 
              and deployment of urgently needed supplies.
Sec. 805. Prohibition on contracts with entities engaging in commercial 
              activity in the energy sector of Iran.

Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 811. Extension of authority to procure certain fibers; limitation 
              on specification.
Sec. 812. Small arms production industrial base matters.
Sec. 813. Additional definition relating to production of specialty 
              metals within the United States.

                    Subtitle C--Studies and Reports

Sec. 821. Studies to analyze alternative models for acquisition and 
              funding of technologies supporting network-centric 
              operations.
Sec. 822. Annual joint report and Comptroller General review on 
              contracting in Iraq and Afghanistan.
Sec. 823. Extension of Comptroller General review and report on 
              contracting in Iraq and Afghanistan.
Sec. 824. Interim report on review of impact of covered subsidies on 
              acquisition of KC-45 aircraft.
Sec. 825. Reports on Joint Capabilities Integration and Development 
              System.

                       Subtitle D--Other Matters

Sec. 831. Extension of authority for defense acquisition challenge 
              program.
Sec. 832. Energy savings performance contracts.
Sec. 833. Consideration of sustainable practices in procurement of 
              products and services.
Sec. 834. Definition of materials critical to national security.
Sec. 835. Determination of strategic or critical rare earth materials 
              for defense applications.
Sec. 836. Review of national security exception to competition.
Sec. 837. Inclusion of bribery in disclosure requirements of the 
              Federal awardee performance and integrity information 
              system.

[[Page H3903]]

Sec. 838. Requirement for entities with facility clearances that are 
              not under foreign ownership control or influence 
              mitigation.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Redesignation of the Department of the Navy as the Department 
              of the Navy and Marine Corps.
Sec. 902. Realignment of the organizational structure of the Office of 
              the Secretary of Defense to carry out the reduction 
              required by law in the number of Deputy Under Secretaries 
              of Defense.
Sec. 903. Unified medical command.

                      Subtitle B--Space Activities

Sec. 911. Integrated space architectures.

                Subtitle C--Intelligence-Related Matters

Sec. 921. 5-year extension of authority for Secretary of Defense to 
              engage in commercial activities as security for 
              intelligence collection activities.
Sec. 922. Space and counterspace intelligence analysis.

                       Subtitle D--Other Matters

Sec. 931. Revisions to the board of regents for the Uniformed Services 
              University of the Health Sciences.
Sec. 932. Increased flexibility for Combatant Commander Initiative 
              Fund.
Sec. 933. 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. 934. Additional requirements for quadrennial roles and missions 
              review in 2011.
Sec. 935. Codification of congressional notification requirement before 
              permanent relocation of any United States military unit 
              stationed outside the United States.

                      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. Joint task forces support to law enforcement agencies 
              conducting counterterrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
              counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
              governments.

                Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Requirements for long-range plan for construction of naval 
              vessels.
Sec. 1022. Requirements for the decommissioning of naval vessels.
Sec. 1023. Requirements for the size of the Navy battle force fleet.
Sec. 1024. Retention and status of certain 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.
Sec. 1036. Fort Hood Follow-on Review Implementation Fund.
Sec. 1037. Inspector General investigation of the conduct and practices 
              of lawyers representing individuals detained at Naval 
              Station, Guantanamo Bay, Cuba.

                    Subtitle E--Studies and Reports

Sec. 1041. Department of Defense aerospace-related mishap safety 
              investigation reports.
Sec. 1042. Interagency national security knowledge and skills.
Sec. 1043. Report on establishing a Northeast Regional Joint Training 
              Center.
Sec. 1044. Comptroller General report on previously requested reports.
Sec. 1045. Report on nuclear triad.
Sec. 1046. Cybersecurity study and report.

                       Subtitle F--Other Matters

Sec. 1051. National Defense Panel.
Sec. 1052. Quadrennial defense review.
Sec. 1053. Sale of surplus military equipment to State and local 
              homeland security and emergency management agencies.
Sec. 1054. Department of Defense rapid innovation program.
Sec. 1055. Technical and clerical amendments.
Sec. 1056. Limitation on Air Force fiscal year 2011 force structure 
              announcement implementation.
Sec. 1057. Budgeting for the sustainment and modernization of nuclear 
              delivery systems.
Sec. 1058. Limitation on nuclear force reductions.
Sec. 1059. Sense of Congress on the Nuclear Posture Review.
Sec. 1060. Strategic assessment of strategic challenges posed by 
              potential competitors.
Sec. 1061. Electronic access to certain classified information.
Sec. 1062. Justice for victims of torture and terrorism.
Sec. 1063. Policy regarding appropriate use of Department of Defense 
              resources.
Sec. 1064. Executive agent for preventing the introduction of 
              counterfeit microelectronics into the defense supply 
              chain.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority for the Department of Defense to approve an 
              alternate method of processing equal employment 
              opportunity complaints within one or more component 
              organizations under specified circumstances.
Sec. 1102. Clarification of authorities at personnel demonstration 
              laboratories.
Sec. 1103. Special rule relating to certain overtime pay.
Sec. 1104. One-year extension of authority to waive annual limitation 
              on premium pay and aggregate limitation on pay for 
              Federal civilian employees working overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum age limit for certain 
              appointments.
Sec. 1108. Sense of Congress regarding waiver of recovery of certain 
              payments made under civilian employees voluntary 
              separation incentive program.
Sec. 1109. Suspension of DCIPS pay authority extended for a year.

             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. Modification and extension of authorities relating to 
              program to build the capacity of foreign military forces.
Sec. 1204. Air Force scholarships for Partnership for Peace nations to 
              participate in the Euro-NATO Joint Jet Pilot Training 
              Program.

    Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Limitation on availability of funds for certain purposes 
              relating to Iraq.
Sec. 1212. Commanders' Emergency Response Program.
Sec. 1213. Modification of authority for reimbursement to certain 
              coalition nations for support provided to United States 
              military operations.
Sec. 1214. Modification of report on responsible redeployment of United 
              States Armed Forces from Iraq.
Sec. 1215. Modification of reports relating to Afghanistan.
Sec. 1216. No permanent military bases in Afghanistan.
Sec. 1217. Authority to use funds for reintegration activities in 
              Afghanistan.
Sec. 1218. One-year extension of Pakistan Counterinsurgency Fund.
Sec. 1219. Authority to use funds to provide support to coalition 
              forces supporting military and stability operations in 
              Iraq and Afghanistan.
Sec. 1220. Requirement to provide United States brigade and equivalent 
              units deployed to Afghanistan with the commensurate level 
              of unit and theater-wide combat enablers.

                       Subtitle C--Other Matters

Sec. 1231. NATO Special Operations Coordination Center.
Sec. 1232. National Military Strategic Plan to Counter Iran.
Sec. 1233. Report on Department of Defense's plans to reform the export 
              control system.
Sec. 1234. Report on United States efforts to defend against threats 
              posed by the advanced anti-access capabilities of 
              potentially hostile foreign countries.
Sec. 1235. Report on force structure changes in composition and 
              capabilities at military installations in Europe.
Sec. 1236. Sense of Congress on missile defense and New Start Treaty 
              with Russian Federation.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.

[[Page H3904]]

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--Other Matters

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
              Home.
Sec. 1422. Plan for funding fuel infrastructure sustainment, 
              restoration, and modernization requirements.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

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. Iron Dome short-range rocket defense program.
Sec. 1508. National Guard and Reserve equipment.
Sec. 1509. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1510. Research, development, test, and evaluation.
Sec. 1511. Operation and maintenance.
Sec. 1512. Limitations on availability of funds in Afghanistan Security 
              Forces Fund.
Sec. 1513. Limitations on Iraq Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Working capital funds.
Sec. 1516. Defense Health Program.
Sec. 1517. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1518. Defense Inspector General.
Sec. 1519. Continuation of prohibition on use of United States funds 
              for certain facilities projects in Iraq.
Sec. 1520. Availability of funds for rapid force protection in 
              Afghanistan.
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

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.

 Subtitle A--Immediate Actions to Improve Department of Defense Sexual 
                Assault Prevention and Response Program

Sec. 1611. Specific budgeting for Department of Defense sexual assault 
              prevention and response program.
Sec. 1612. Consistency in terminology, position descriptions, program 
              standards, and organizational structures.
Sec. 1613. Guidance for commanders.
Sec. 1614. Commander consultation with victims of sexual assault.
Sec. 1615. Oversight and evaluation.
Sec. 1616. Sexual assault reporting hotline.
Sec. 1617. Review of application of sexual assault prevention and 
              response program to reserve components.
Sec. 1618. Review of effectiveness of revised Uniform Code of Military 
              Justice offenses regarding rape, sexual assault, and 
              other sexual misconduct.
Sec. 1619. Training and education programs for sexual assault 
              prevention and response program.
Sec. 1620. Use of sexual assault forensic medical examiners.
Sec. 1621. Sexual Assault Advisory Board.
Sec. 1622. Department of Defense Sexual Assault Advisory Council.
Sec. 1623. Service-level sexual assault review boards.
Sec. 1624. Renewed emphasis on acquisition of centralized Department of 
              Defense sexual assault database.

  Subtitle B--Sexual Assault Prevention Strategy and Annual Reporting 
                              Requirement

Sec. 1631. Comprehensive Department of Defense sexual assault 
              prevention strategy.
Sec. 1632. Annual report on sexual assaults involving members of the 
              Armed Forces and sexual assault prevention and response 
              program.

                   Subtitle C--Amendments to Title 10

Sec. 1641. Sexual Assault Prevention and Response Office.
Sec. 1642. Sexual Assault Response Coordinators and Sexual Assault 
              Victim Advocates.
Sec. 1643. Sexual assault victims access to legal counsel and Victim 
              Advocate services.
Sec. 1644. Notification of command of outcome of court-martial 
              involving charges of sexual assault.
Sec. 1645. Copy of record of court-martial to victim of sexual assault 
              involving a member of the Armed Forces.
Sec. 1646. Medical care for victims of sexual assault.
Sec. 1647. Privilege against disclosure of certain communications with 
              Sexual Assault Victim Advocates.

                       Subtitle D--Other Matters

Sec. 1661. Recruiter selection and oversight.
Sec. 1662. Availability of services under sexual assault prevention and 
              response program for dependents of members, military 
              retirees, Department of Defense civilian employees, and 
              defense contractor employees.
Sec. 1663. Application of sexual assault prevention and response 
              program in training environments.
Sec. 1664. Application of sexual assault prevention and response 
              program in remote environments and joint basing 
              situations.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2003. Effective date.
Sec. 2004. General reduction across division.

                 TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects 
              and authorization of appropriations.
Sec. 2102. Family housing.
Sec. 2103. 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. 2104. Modification of authority to carry out certain fiscal year 
              2009 project.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2010 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2008 
              projects.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects 
              and authorization of appropriations.
Sec. 2202. Family housing.
Sec. 2203. Technical amendment to reflect multi-increment fiscal year 
              2010 project.
Sec. 2204. 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 and authorization of appropriations.
Sec. 2302. Family housing.
Sec. 2303. 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 and authorization of appropriations.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation 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 and authorization of appropriations.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
              projects and authorization of appropriations.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve 
              construction and land acquisition projects and 
              authorization of appropriations.
Sec. 2604. Authorized Air National Guard construction and land 
              acquisition projects and authorization of appropriations.
Sec. 2605. Authorized Air Force Reserve construction and land 
              acquisition projects and authorization of appropriations.
Sec. 2606. Extension of authorizations of certain fiscal year 2008 
              projects.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

                       Subtitle A--Authorizations

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.

[[Page H3905]]

Sec. 2703. Authorization of appropriations for base realignment and 
              closure activities funded through Department of Defense 
              Base Closure Account 2005.

                       Subtitle B--Other Matters

Sec. 2711. 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. Authority to transfer proceeds from sale of military family 
              housing to Department of Defense Family Housing 
              Improvement Fund.
Sec. 2803. Enhanced authority for provision of excess contributions for 
              NATO Security Investment program.
Sec. 2804. Duration of authority to use Pentagon Reservation 
              Maintenance Revolving Fund for construction and repairs 
              at Pentagon Reservation.
Sec. 2805. Authority to use operation and maintenance funds for 
              construction projects inside the United States Central 
              Command area of responsibility.
Sec. 2806. Veterans to Work pilot program for 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. Repeal of expired authority to lease land for special 
              operations activities.
Sec. 2814. Former Naval Bombardment Area, Culebra Island, Puerto Rico.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Sense of Congress regarding importance of providing 
              community adjustment assistance to Government of Guam.
Sec. 2822. Department of Defense assistance for community adjustments 
              related to realignment of military installations and 
              relocation of military personnel on Guam.
Sec. 2823. Extension of term of Deputy Secretary of Defense's 
              leadership of Guam Oversight Council.
Sec. 2824. Utility conveyances to support integrated water and 
              wastewater treatment system on Guam.
Sec. 2825. Report on types of facilities required to support Guam 
              realignment.
Sec. 2826. Report on civilian infrastructure needs for Guam.
Sec. 2827. Comptroller General report on planned replacement Naval 
              Hospital on Guam.

                      Subtitle D--Energy Security

Sec. 2831. Consideration of environmentally sustainable practices in 
              Department energy performance plan.
Sec. 2832. Plan and implementation guidelines for achieving Department 
              of Defense goal regarding use of renewable energy to meet 
              facility energy needs.
Sec. 2833. Insulation retrofitting assessment for Department of Defense 
              facilities.

                      Subtitle E--Land Conveyances

Sec. 2841. Conveyance of personal property related to waste-to-energy 
              power plant serving Eielson Air Force Base, Alaska.
Sec. 2842. Land conveyance, Whittier Petroleum, Oil, and Lubricant Tank 
              Farm, Whittier, Alaska.
Sec. 2843. Land conveyance, Fort Knox, Kentucky.
Sec. 2844. Land conveyance, Naval Support Activity (West Bank), New 
              Orleans, Louisiana.
Sec. 2845. Land conveyance, former Navy Extremely Low Frequency 
              communications project site, Republic, Michigan.
Sec. 2846. Land conveyance, Marine Forces Reserve Center, Wilmington, 
              North Carolina.

                       Subtitle F--Other Matters

Sec. 2851. Requirements related to providing world class military 
              medical facilities.
Sec. 2852. Naming of Armed Forces Reserve Center, Middletown, 
              Connecticut.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

                 Subtitle A--Fiscal Year 2010 Projects

Sec. 2901. Authorized Army construction and land acquisition projects 
              and authorization of appropriations.
Sec. 2902. Authorized Air Force construction and land acquisition 
              projects and authorization of appropriations.

                 Subtitle B--Fiscal Year 2011 Projects

Sec. 2911. Authorized Army construction and land acquisition projects 
              and authorization of appropriations.
Sec. 2912. Authorized Air Force construction and land acquisition 
              projects and authorization of appropriations.
Sec. 2913. Authorized Defense Wide Construction and Land Acquisition 
              Projects and Authorization of Appropriations.
Sec. 2914. Construction authorization for National Security Agency 
              facilities in a foreign country.

                       Subtitle C--Other Matters

Sec. 2921. Notification of obligation of funds and quarterly reports.

 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. Extension of authority relating to the International 
              Materials Protection, Control, and Accounting Program of 
              the Department of Energy.
Sec. 3112. Energy parks initiative.
Sec. 3113. Establishment of technology transfer centers.
Sec. 3114. Aircraft procurement.

                          Subtitle C--Reports

Sec. 3121. Comptroller General report on NNSA biennial complex 
              modernization strategy.
Sec. 3122. 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. Administrative expenses for Port of Guam Improvement 
              Enterprise Program.
Sec. 3505. Vessel loan guarantees: procedures for traditional and 
              nontraditional applications.

     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.

     SEC. 4. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO 
                   OPERATION IRAQI FREEDOM.

       Any law or regulation 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.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              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, $5,986,361,000.
       (2) For missiles, $1,631,463,000.
       (3) For weapons and tracked combat vehicles, 
     $1,616,245,000.
       (4) For ammunition, $1,946,948,000.
       (5) For other procurement, $9,398,728,000.

     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, $19,132,613,000.
       (2) For weapons, including missiles and torpedoes, 
     $3,350,894,000.
       (3) For shipbuilding and conversion, $15,724,520,000.
       (4) For other procurement, $6,450,208,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2011 for procurement for the 
     Marine Corps in the amount of $1,379,044,000.
       (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, $15,355,908,000.
       (2) For ammunition, $672,420,000.
       (3) For missiles, $5,470,772,000.
       (4) For other procurement, $17,911,730,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2011 for Defense-wide procurement in the amount of 
     $4,399,768,000.

                       Subtitle B--Army Programs

     SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE COMBAT TEAM 
                   INCREMENT ONE EQUIPMENT.

       (a) Limitation on Production Quantities.--Except as 
     provided in subsection (c), the Secretary of Defense may not 
     procure more than

[[Page H3906]]

     two brigade sets of early-infantry brigade combat team 
     increment one equipment (in this section referred to as a 
     ``brigade set'').
       (b) Applicability to Long-lead Production Items.--The 
     limitation in subsection (a) includes procurement of a long-
     lead item for an element of a brigade set beyond the two 
     brigade sets authorized under such subsection.
       (c) Waiver.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics may waive the 
     limitation in subsection (a) if--
       (1) the Under Secretary submits to Congress written 
     certification that--
       (A) the initial operational test and evaluation of the 
     brigade set has been completed;
       (B) the Director of Operational Test and Evaluation has 
     submitted to Congress a report describing the results of the 
     initial operational test and evaluation (as described in 
     section 2399(b) of title 10, United States Code) and the 
     comparative test of the brigade set;
       (C) all of the subsystems tested in the initial operational 
     test and evaluation were tested in the intended production 
     configuration; and
       (D) all radios planned for fielding with the brigade set 
     have received the appropriate National Security Agency 
     approvals, as determined by the Under Secretary; and
       (2) a period of 30 days has elapsed after the date on which 
     the certification under paragraph (1) is received.
       (d) Exception for Meeting Operational Need Statement 
     Requirements.--The limitation in subsection (a) does not 
     apply to the procurement of individual components of the 
     brigade set if the procurement of such components is 
     specifically intended to address an operational need 
     statement requirement (as described in Army Regulation 71-9 
     or a successor regulation).

     SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK PLANS AND 
                   PROGRAMS.

       (a) Report Required.--Not later than March 1, 2011, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report on plans for fielding tactical 
     communications network equipment. Such report shall include--
       (1) an explanation of the current communications 
     architecture of every level of the Army;
       (2) an explanation of the future communications 
     architecture of every level of the Army;
       (3) the quantities and types of new equipment that the 
     Secretary plans to procure in the five-year period following 
     the date on which the report is submitted in order to develop 
     the architecture described in paragraph (2); and
       (4) a list of the equipment described in paragraph (3) that 
     is included in the budget of the President for fiscal year 
     2012 (as submitted to Congress pursuant to section 1105 of 
     title 31, United States Code).
       (b) Limitation on Obligation of Funds.--Except as provided 
     in subsection (c), of the funds authorized to be appropriated 
     by this or any other Act for fiscal year 2011 for 
     procurement, Army, for tactical radios or tactical 
     communications network equipment, not more than 50 percent 
     may be obligated or expended until the date that is 15 days 
     after the date on which the report is submitted under 
     subsection (a).
       (c) Exception for Meeting Operational Need Statement 
     Requirements.--The limitation in subsection (b) does not 
     apply to the procurement of tactical radio or tactical 
     communications network equipment if the procurement of such 
     equipment is specifically intended to address an operational 
     need statement requirement (as described in Army Regulation 
     71-9 or a successor regulation).
       (d) Tactical Communications Network Equipment Defined.--In 
     this section, the term ``tactical communications network 
     equipment'' means all electronic communications systems 
     operated by a tactical unit (of brigade size or smaller) of 
     the Army.

                       Subtitle C--Navy Programs

     SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF LARGE NAVAL 
                   VESSELS.

       (a) Incremental Funding of Large Naval Vessels.--Except as 
     provided in subsection (b), the Secretary of the Navy may use 
     incremental funding for the procurement of a large naval 
     vessel over a period not to exceed the number of years equal 
     to three-fourths of the total period of planned ship 
     construction of such vessel.
       (b) LPD 26.--With respect to the vessel designated LPD 26, 
     the Secretary may use incremental funding for the procurement 
     of such vessel through fiscal year 2012 if the Secretary 
     determines that such incremental funding--
       (1) is in the best interest of the overall shipbuilding 
     efforts of the Navy;
       (2) is needed to provide the Secretary with the ability to 
     facilitate changes to the shipbuilding industrial base of the 
     Navy; and
       (3) will provide the Secretary with the ability to award a 
     contract for construction of the vessel that provides the 
     best value to the United States.
       (c) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) or (b) shall provide that 
     any obligation of the United States to make a payment under 
     the contract for a fiscal year after the fiscal year the 
     vessel was authorized is subject to the availability of 
     appropriations for that purpose for that later fiscal year.
       (d) Definitions.--In this section:
       (1) The term ``large naval vessel'' means a vessel--
       (A) that is--
       (i) an aircraft carrier designated a CVN;
       (ii) an amphibious assault ship designated LPD, LHA, LHD, 
     or LSD; or
       (iii) an auxiliary vessel; and
       (B) that has a light ship displacement of 17,000 tons or 
     more.
       (2) The term ``total period of planned ship construction'' 
     means the period of years beginning on the date of the first 
     authorization of funding (not including funding requested for 
     advance procurement) and ending on the date that is projected 
     on the date of the first authorization of funding to be the 
     delivery date of the vessel to the Navy.

     SEC. 122. MULTIYEAR PROCUREMENT OF F/A-18E, F/A-18F, AND EA-
                   18G AIRCRAFT.

       (a) Multiyear Procurement.--
       (1) Additional authority.--Section 128 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2217) is amended by adding at the end the 
     following new subsections:
       ``(e) Updated Report.--With respect to a multiyear contract 
     entered into under subsection (a), the Secretary of Defense 
     may submit to the congressional defense committees an update 
     to the report under section 2306b(l)(4) of title 10, United 
     States Code, by not later than September 1, 2010.
       ``(f) Required Authority.--Notwithstanding any other 
     provision of law, with respect to a multiyear contract 
     entered into under subsection (a), this section shall be 
     deemed to meet the requirements under subsection (i)(3) and 
     (l)(3) of section 2306b of title 10, United States Code.
       ``(g) Exception to Certain Requirement.--Section 8008(b) of 
     the Department of Defense Appropriations Act, 1998 (Public 
     Law 105-56; 10 U.S.C. 2306b note) shall not apply to a 
     multiyear contract entered into under subsection (a).
       ``(h) Use of Funds.--
       ``(1) Procurement.--In accordance with paragraph (2), the 
     Secretary of Defense shall ensure that all funds authorized 
     to be appropriated for the advance procurement or procurement 
     of F/A-18E, F/A-18F, or EA-18G aircraft under this section 
     are obligated or expended for such purpose.
       ``(2) Use of excess funds.--The Secretary of Defense shall 
     ensure that any excess funds are obligated or expended for 
     the advance procurement or procurement of F/A-18E or F/A-18F 
     aircraft under this section, regardless of whether such 
     aircraft are in addition to the 515 F/A-18E and F/A-18F 
     aircraft planned by the Secretary of the Navy.
       ``(3) Excess funds defined.--In this subsection, the term 
     `excess funds', with respect to funds available for the 
     advance procurement or procurement of F/A-18E, F/A-18F, or 
     EA-18G aircraft under this section, means the amount of funds 
     that is equal to the difference of--
       ``(A) the sum of--
       ``(i) the funds authorized to be appropriated by this Act 
     or otherwise available for fiscal year 2010 for the advance 
     procurement and procurement of F/A-18E, F/A-18F, or EA-18G 
     aircraft; and
       ``(ii) the funding levels for the advance procurement and 
     procurement of such aircraft for fiscal years 2011 through 
     2013 proposed by the Secretary of Defense in the future-years 
     defense program for fiscal year 2011 submitted under section 
     221 of title 10, United States Code; and
       ``(B) the funds required to execute the multiyear contracts 
     for the advance procurement and procurement of such aircraft 
     under this section.''.
       (2) Extension of certification.--Paragraph (2) of 
     subsection (a) of such section is amended by striking ``a 
     reference to March'' and inserting ``a reference to 
     September''.
       (b) Full Funding Certification.--Paragraph (1) of section 
     8011 of the Department of Defense Appropriations Act, 2010 
     (Public Law 111-118; 10 U.S.C. 2306b note) is amended by 
     inserting after ``within 30 days of enactment of this Act'' 
     the following: ``(or in the case of a multiyear contract for 
     the procurement of F/A-18E, F/A-18F, or EA-18G aircraft, by 
     the date that is not less than 30 days prior to the contract 
     award)''.

     SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE 
                   DEFENSE.

       (a) Report.--Not later than March 1, 2011, the Secretary of 
     the Navy, in coordination with the Chief of Naval Operations, 
     shall submit to the congressional defense committees a report 
     on the requirements of the major combatant surface vessels 
     with respect to 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) 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) The number of Aegis ships needed by each combatant 
     commander 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 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.
       (5) 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.
       (6) A description of both the shortfalls and the benefits 
     of expected technological advancements in the sea-based 
     missile defense program.
       (7) A description of the anticipated plan for deployment of 
     Aegis ballistic missile ships within the context of the fleet 
     response plan.

                     Subtitle D--Air Force Programs

     SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 
                   FIGHTER AIRCRAFT.

       Subsection (b) of section 133 of the National Defense 
     Authorization Act for Fiscal Year 2010

[[Page H3907]]

     (Public Law 111-84; 123 Stat.2219) is amended by striking 
     ``2010'' and inserting ``2011''.

               Subtitle E--Joint and Multiservice Matters

     SEC. 141. LIMITATION ON PROCUREMENT OF F-35 LIGHTNING II 
                   AIRCRAFT.

       (a) Limitation.--Except as provided in subsection (c), of 
     the amounts authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2011 for aircraft 
     procurement, Air Force, and aircraft procurement, Navy, for 
     F-35 Lightning II aircraft, not more than an amount necessary 
     for the procurement of 30 such aircraft may be obligated or 
     expended unless--
       (1) the certifications under subsection (b) are received by 
     the congressional defense committees on or before January 15, 
     2011; and
       (2) a period of 15 days has elapsed after the date of such 
     receipt.
       (b) Certifications.--Not later than January 15, 2011--
       (1) the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics shall certify in writing to the 
     congressional defense committees that--
       (A) each of the 11 scheduled system development and 
     demonstration aircraft planned in the schedule for delivery 
     during 2010 has been delivered to the designated test 
     location;
       (B) the initial service release has been granted for the 
     F135 engine designated for the short take-off and vertical 
     landing variant;
       (C) facility configuration and industrial tooling 
     capability and capacity is sufficient to support production 
     of at least 42 F-35 aircraft for fiscal year 2011;
       (D) block 1.0 software has been released and is in flight 
     test;
       (E) the Secretary of Defense has--
       (i) determined that two F-35 aircraft from low-rate initial 
     production 1 have met established criteria for acceptance; 
     and
       (ii) accepted such aircraft for delivery; and
       (F) advance procurement funds appropriated for the advance 
     procurement of F136 engines for fiscal years 2009 and 2010 
     have either been obligated or the Secretary of Defense has 
     submitted a reprogramming action to the congressional defense 
     committees that would reprogram such funds to meet other F136 
     development requirements; and
       (2) the Director of Operational Test and Evaluation shall 
     certify in writing to the congressional defense committees 
     that--
       (A) the F-35C aircraft designated as CF-1 has effectively 
     accomplished its first flight;
       (B) the 394 F-35 aircraft test flights planned in the 
     schedule to occur during 2010 have been completed with 
     sufficient results;
       (C) 95 percent of the 3,772 flight test points planned for 
     completion in 2010 were accomplished;
       (D) the conventional take-off and land variant low 
     observable signature flight test has been conducted and the 
     results of such test have met or exceeded threshold key 
     performance parameters;
       (E) six F136 engines have been made available for testing; 
     and
       (F) not less than 1,000 test hours have been completed in 
     the F136 system development and demonstration program.
       (c) Waiver.--After January 15, 2011, the Secretary of 
     Defense may waive the limitation in subsection (a) if each of 
     the following occurs:
       (1) The written certification described in subsection 
     (b)(1) is submitted by the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics not later than January 
     15, 2011.
       (2) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics certifies in writing to the 
     congressional defense committees that the failure to fully 
     achieve the milestones described in subsection (b)(2) will 
     not--
       (A) delay or otherwise negatively affect the F-35 aircraft 
     test schedule for fiscal year 2011;
       (B) impede production of 42 F-35 aircraft in such fiscal 
     year; and
       (C) otherwise increase risk to the F-35 aircraft program.
       (3) A period of 30 days has elapsed after the date on which 
     the certification under paragraph (2) is submitted to the 
     congressional defense committees.
       (d) Schedule Defined.--In this section, the term 
     ``schedule'' means the F-35 Lightning II program update 
     schedule received by the congressional defense committees on 
     March 15, 2010.

     SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.

       (a) General Limitation.--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--
       (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 combatant 
     commanders and their commands; and
       (2) a period of 30 days has elapsed after the date on which 
     the report is submitted under paragraph (1).
       (b) Specific Limitation.--None of the funds authorized to 
     be appropriated by this Act or otherwise made available for 
     fiscal year 2011 for biometrics programs and operations may 
     be obligated or expended unless the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics (acting 
     through the Director of Defense Biometrics) approves such 
     obligation or expenditure in writing.

     SEC. 143. 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) Elimination of Prior Notice Requirement.--Subsection 
     (c) of section 1514 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2439), as amended by the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4649), is further amended--
       (1) by striking paragraph (4); and
       (2) by redesignating paragraph (5) as paragraph (4).
       (d) 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. 144. 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).

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2011 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:

[[Page H3908]]

       (1) For the Army, $10,316,754,000.
       (2) For the Navy, $17,978,646,000.
       (3) For the Air Force, $27,269,902,000.
       (4) For Defense-wide activities, $20,908,006,000, of which 
     $194,910,000 is authorized for the Director of Operational 
     Test and Evaluation.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT PROGRAM OF THE 
                   OHIO-CLASS BALLISTIC MISSILE SUBMARINE.

       (a) Findings.--Congress makes the following findings:
       (1) The sea-based strategic deterrence provided by the 
     ballistic missile submarine force of the Navy has been 
     essential to the national security of the United States since 
     the deployment of the first ballistic missile submarine, the 
     USS George Washington SSBN 598, in 1960.
       (2) Since 1960, a total of 59 submarines have served the 
     United States to provide the sea-based strategic deterrence.
       (3) As of the date of the enactment of this Act, the sea-
     based strategic deterrence is provided by the tremendous 
     capability of the 14 ships of the Ohio-class submarine force, 
     which have been the primary sea-based deterrent force for 
     more than two decades.
       (4) Ballistic missile submarines are the most survivable 
     asset in the arsenal of the United States in the event of a 
     surprise nuclear attack on the country because, being 
     submerged for months at a time, these submarines are 
     virtually undetectable to any adversary and therefore 
     invulnerable to attack, thus providing the submarines with 
     the ability to respond with significant force against any 
     adversary who attacks the United States or its allies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) as Ohio-class submarines reach the end of their service 
     life and are retired, the United States must maintain the 
     robust sea-based strategic deterrent force that has the 
     ability to remain undetected by potential adversaries and 
     must have the capability to deliver a retaliatory strike of 
     such magnitude that no rational actor would dare attack the 
     United States;
       (2) the Secretary of Defense should conduct a comprehensive 
     analysis of the alternative capabilities to provide the sea-
     based strategic deterrence that includes consideration of 
     different types and sizes of submarines, different types and 
     sizes of missile systems, the number of submarines necessary 
     to provide such deterrence, and the cost of each alternative; 
     and
       (3) prior to requesting more than $1,000,000,000 in 
     research and development funding to develop a replacement for 
     the Ohio-class ballistic missile submarine force in advance 
     of a Milestone A decision, the Secretary of Defense should 
     have made available to Congress the guidance issued by the 
     Director of Cost Assessment and Performance Evaluation with 
     respect to the analysis of alternative capabilities and the 
     results of such analysis.
       (c) Limitation.--
       (1) Report.--Of the funds authorized to be appropriated by 
     this Act or otherwise made available for fiscal year 2011 for 
     research and development for the Navy, not more than 50 
     percent may be obligated or expended to research or develop a 
     submarine as a replacement for the Ohio-class ballistic 
     missile submarine force unless--
       (A) the Secretary of Defense submits to the congressional 
     defense committees a report including--
       (i) guidance issued by the Director of Cost Assessment and 
     Performance Evaluation with respect to the analysis of 
     alternative capabilities to provide the sea-based strategic 
     deterrence currently provided by the Ohio-class ballistic 
     missile submarine force and any other guidance relating to 
     requirements for such alternatives intended to affect the 
     analysis;
       (ii) an analysis of the alternative capabilities considered 
     by the Secretary to continue the sea-based strategic 
     deterrence currently provided by the Ohio-class ballistic 
     missile submarine force, including--

       (I) the cost estimates for each alternative capability;
       (II) the operational challenges and benefits associated 
     with each alternative capability; and
       (III) the time needed to develop and deploy each 
     alternative capability; and

       (iii) detailed reasoning associated with the decision to 
     replace the capability of sea-based deterrence provided by 
     the Ohio-class ballistic missile submarine force with an 
     alternative capability designed to carry the Trident II D5 
     missile; and
       (B) a period of 30 days has elapsed after the date on which 
     the report under subparagraph (A) is submitted.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 212. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 
                   LIGHTNING II AIRCRAFT PROGRAM.

       Of the amounts authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2011 for research, 
     development, test, and evaluation for the F-35 Lightning II 
     aircraft program, not more than 75 percent may be obligated 
     until the date that is 15 days after the date on which the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics submits to the congressional defense committees 
     certification in writing that all funds made available for 
     fiscal year 2011 for the continued development and 
     procurement of a competitive propulsion system for the F-35 
     Lightning II aircraft have been obligated.

     SEC. 213. INCLUSION IN ANNUAL BUDGET REQUEST AND FUTURE-YEARS 
                   DEFENSE PROGRAM OF SUFFICIENT AMOUNTS FOR 
                   CONTINUED DEVELOPMENT AND PROCUREMENT OF 
                   COMPETITIVE PROPULSION SYSTEM FOR F-35 
                   LIGHTNING II AIRCRAFT.

       (a) Annual Budget.--Chapter 9 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 236. Budgeting for competitive propulsion system for 
       F-35 Lightning II aircraft

       ``(a) Annual Budget.--Effective for the budget for fiscal 
     year 2012 and each fiscal year thereafter, the Secretary of 
     Defense shall include in the defense budget materials a 
     request for such amounts as are necessary for the full 
     funding of the continued development and procurement of a 
     competitive propulsion system for the F-35 Lightning II 
     aircraft.
       ``(b) Future-years Defense Program.--In each future-years 
     defense program submitted to Congress under section 221 of 
     this title, the Secretary of Defense shall ensure that the 
     estimated expenditures and proposed appropriations for the F-
     35 Lightning II aircraft, for each fiscal year of the period 
     covered by that program, include sufficient amounts for the 
     full funding of the continued development and procurement of 
     a competitive propulsion system for the F-35 Lightning II 
     aircraft.
       ``(c) Requirement to Obligate and Expend Funds.--Of the 
     amounts authorized to be appropriated for fiscal year 2011 or 
     any fiscal year thereafter, for research, development, test, 
     and evaluation and procurement for the F-35 Lightning II 
     aircraft program, the Secretary of Defense shall ensure the 
     obligation and expenditure in each such fiscal year of 
     sufficient annual amounts for the continued development and 
     procurement of two options for the propulsion system for the 
     F-35 Lightning II aircraft in order to ensure the development 
     and competitive production for the propulsion system for such 
     aircraft.
       ``(d) 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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by at the end the 
     following new item:

``236. Budgeting for competitive propulsion system for F-35 Lightning 
              II aircraft.''.

       (c) Conforming Repeal.--Section 213 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181) 
     is repealed.

     SEC. 214. 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.

                  Subtitle C--Missile Defense Programs

     SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE 
                   DEFENSES IN EUROPE.

       (a) Limitation on Construction and Deployment of Systems.--
     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, 
     preparation of equipment for, or deployment of a medium-range 
     or long-range missile defense system 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; 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 
     of a medium-range or long-range missile defense system 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) Conforming Repeal.--Section 234 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-81; 
     123 Stat. 2234) is repealed.

     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. PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE IN 
                   EUROPE.

       (a) Sense of Congress.--It is the sense of Congress that--

[[Page H3909]]

       (1) the new phased, adaptive approach to missile defense in 
     Europe, announced by the President on September 17, 2009, 
     should be supported by sound analysis, program plans, 
     schedules, and technologies that are credible;
       (2) the cost, performance, and risk of such approach to 
     missile defense should be well understood; and
       (3) Congress should have access to information regarding 
     the analyses, plans, schedules, technologies, cost, 
     performance, and risk of such approach to missile defense in 
     order to conduct effective oversight.
       (b) Report Required.--
       (1) Report.--The Secretary of Defense shall submit to the 
     congressional defense committees a report on the phased, 
     adaptive approach to missile defense in Europe.
       (2) Matters included.--The report under paragraph (1) shall 
     include the following:
       (A) A discussion of the analyses conducted by the Secretary 
     of Defense preceding the announcement of the phased, adaptive 
     Approach to missile defense in Europe on September 17, 2009, 
     including--
       (i) a description of any alternatives considered;
       (ii) the criteria used to analyze each such alternative; 
     and
       (iii) the result of each analysis, including a description 
     of the criteria used to judge each alternative.
       (B) A discussion of any independent assessments or reviews 
     of alternative approaches to missile defense in Europe 
     considered by the Secretary in support of the announcement of 
     the phased, adaptive approach to missile defense in Europe on 
     September 17, 2009.
       (C) A description of the architecture for each of the four 
     phases of the phased, adaptive approach to missile defense in 
     Europe, including--
       (i) the composition, basing locations, and quantities of 
     ballistic missile defense assets, including ships, batteries, 
     interceptors, radars and other sensors, and command and 
     control nodes;
       (ii) program schedules and site-specific schedules with 
     task activities, test plans, and knowledge and decision 
     points;
       (iii) technology maturity levels of missile defense assets 
     and plans for retiring technical risks;
       (iv) planned performance of missile defense assets and 
     defended area coverage, including sensitivity analysis to 
     various basing scenarios and varying threat capabilities 
     (including simple and complex threats, liquid and solid-
     fueled ballistic missiles, and varying raid sizes);
       (v) operational concepts and how such operational concepts 
     effect force structure and inventory requirements;
       (vi) total cost estimates and funding profiles, by year, 
     for acquisition, fielding, and operations and support; and
       (vii) acquisition strategies.
       (3) GAO.--The Comptroller General of the United States 
     shall submit to the congressional defense committees a report 
     assessing the report under paragraph (1) pursuant to section 
     232(g) of the National Defense Authorization Act for Fiscal 
     Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note).
       (c) Limitation on Funds.--Of the amounts authorized to be 
     appropriated by section 301(5) for operation and maintenance, 
     Defense-wide, for the Office of the Secretary of Defense, not 
     more than 95 percent of such amounts may be obligated or 
     expended until the date on which the report required under 
     subsection (b)(1) is submitted to the congressional defense 
     committees.

     SEC. 224. HOMELAND DEFENSE HEDGING POLICY.

       (a) Findings.--Congress finds the following:
       (1) As noted by the Director of National Intelligence, 
     testifying before the Senate Select Committee on Intelligence 
     on February 2, 2010, ``the Iranian regime continues to flout 
     UN Security Council restrictions on its nuclear program. . 
     .we judge Iran would likely choose missile delivery as its 
     preferred method of delivering a nuclear weapon. Iran already 
     has the largest inventory of ballistic missiles in the Middle 
     East and it continues to expand the scale, reach, and 
     sophistication of its ballistic missile forces--many of which 
     are inherently capable of carrying a nuclear payload.''.
       (2) The Unclassified Report on Military Power of Iran, 
     dated April 2010, states that, ``with sufficient foreign 
     assistance, Iran could probably develop and test an 
     intercontinental ballistic missile (ICBM) capable of reaching 
     the United States by 2015. Iran could also have an 
     intermediate-range ballistic missile (IRBM) capable of 
     threatening Europe.''.
       (3) Under phase 3 of the phased, adaptive approach for 
     missile defense in Europe (scheduled for 2018), the United 
     States plans to deploy the standard missile-3 block IIA 
     interceptor at sea- and land-based sites in addition to 
     existing missile defense systems to provide coverage for all 
     NATO allies in Europe against medium- and intermediate-range 
     ballistic missiles.
       (4) Under phase 4 of the phased, adaptive approach for 
     missile defense in Europe (scheduled for 2020), the United 
     States plans to deploy the standard missile-3 block IIB 
     interceptor to provide additional coverage of the United 
     States against a potential intercontinental ballistic missile 
     launched from the Middle East in the 2020 time frame.
       (5) According to the February 2010 Ballistic Missile 
     Defense Review, the United States will continue the 
     development and assessment of a two-stage ground-based 
     interceptor as part of a hedging strategy and, as further 
     noted by the Under Secretary of Defense for Policy during 
     testimony before the Committee on Armed Services of the House 
     of Representatives on October 1, 2009, ``we keep the 
     development of the two-stage [ground-based interceptor] on 
     the books as a hedge in case things come earlier, in case 
     there's any kind of technological challenge with the later 
     models of the [standard missile-3].''.
       (b) Policy.--It shall be the policy of the United States 
     to--
       (1) field missile defense systems in Europe that--
       (A) provide protection against medium- and intermediate-
     range ballistic missile threats consistent with NATO policy 
     and the phased, adapted approach for missile defense 
     announced on September 17, 2009; and
       (B) have been confirmed to perform the assigned mission 
     after successful, operationally realistic testing;
       (2) field missile defenses to protect the territory of the 
     United States pursuant to the National Missile Defense Act of 
     1999 (Public Law 106-38; 10 U.S.C. 2431 note) and to test 
     those systems in an operationally realistic manner;
       (3) ensure that the standard missile-3 block IIA 
     interceptor planned for phase 3 of the phased, adaptive 
     approach for missile defense is capable of addressing 
     intermediate-range ballistic missiles launched from the 
     Middle East and the standard missile-3 block IIB interceptor 
     planned for phase 4 of such approach is capable of addressing 
     intercontinental ballistic missiles launched from the Middle 
     East; and
       (4) continue the development and testing of the two-stage 
     ground-based interceptor to maintain it--
       (A) as a means of protection in the event that--
       (i) the intermediate-range ballistic missile threat to NATO 
     allies in Europe materializes before the availability of the 
     standard missile-3 block IIA interceptor;
       (ii) the intercontinental ballistic missile threat to the 
     United States that cannot be countered with the existing 
     ground-based missile defense system materializes before the 
     availability of the standard missile-3 block IIB interceptor; 
     or
       (iii) technical challenges or schedule delays affect the 
     standard missile-3 block IIA interceptor or the standard 
     missile-3 block IIB interceptor; and
       (B) as a complement to the missile defense capabilities 
     deployed in Alaska and California for the defense of the 
     United States.

     SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR DEFENSE OF 
                   THE HOMELAND AGAINST THE THREAT OF BALLISTIC 
                   MISSILES.

       (a) Finding.--Congress finds that section 2 of the National 
     Missile Defense Act of 1999 (Public Law 106-38; 10 U.S.C. 
     2431 note) states that it is the policy of the United States 
     to deploy as soon as is technologically possible an effective 
     National Missile Defense system capable of defending the 
     territory of the United States against limited ballistic 
     missile attack (whether accidental, unauthorized, or 
     deliberate) with funding subject to the annual authorization 
     of appropriations and the annual appropriation of funds for 
     National Missile Defense.
       (b) Assessment.--The Secretary of Defense shall contract 
     with an independent entity to conduct an assessment of the 
     plans of the Secretary for defending the territory of the 
     United States against the threat of attack by ballistic 
     missiles, including electromagnetic pulse attacks, as such 
     plans are described in the Ballistic Missile Defense Review 
     submitted to Congress on February 1, 2010, and the report 
     submitted to Congress under section 232 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2232).
       (c) Elements.--The assessment required by subsection (b) 
     shall include an assessment of the following:
       (1) The ballistic missile threat, including electromagnetic 
     pulse attacks, against which the homeland defense elements 
     are intended to defend, including mobile or fixed threats 
     that might arise from non-state actors and accidental or 
     unauthorized launches.
       (2) The military requirements for defending the territory 
     of the United States against such missile threats.
       (3) The capabilities of the missile defense elements 
     available to defend the territory of the United States as of 
     the date of the assessment.
       (4) The planned capabilities of the homeland defense 
     elements, if different from the capabilities under paragraph 
     (3).
       (5) The force structure and inventory levels necessary to 
     achieve the planned capabilities of the elements described in 
     paragraph (3) and (4).
       (6) The infrastructure necessary to achieve such 
     capabilities, including the number and location of 
     operational silos.
       (7) The number of interceptor missiles necessary for 
     operational assets, test assets (including developmental and 
     operational test assets and aging and surveillance test 
     assets), and spare missiles.
       (d) Report.--
       (1) In general.--At or about the same time the budget of 
     the President for fiscal year 2012 is submitted to Congress 
     pursuant to section 1105 of title 31, United States Code, the 
     Secretary shall submit to the congressional defense 
     committees a report setting forth the results of the 
     assessment required by subsection (b).
       (2) Form.--The report shall be in unclassified form, but 
     may include a classified annex.

     SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPABILITIES OF 
                   THE UNITED STATES.

       (a) Study.--The Secretary of Defense, in coordination with 
     the Chairman of the Joint Chiefs of Staff, shall conduct a 
     joint capabilities mix study on the ballistic missile defense 
     capabilities of the United States.
       (b) Elements.--The study under paragraph (1) shall include, 
     at a minimum, the following:
       (1) An assessment of the missile defense capability, force 
     structure, and inventory sufficiency requirements of the 
     combatant commanders based on the threat assessments and 
     operational plans for each combatant command.
       (2) A discussion of the infrastructure necessary to achieve 
     the ballistic missile defense capabilities, force structure, 
     and inventory assessed under paragraph (1).

[[Page H3910]]

       (3) An analysis of mobile and fixed missile defense assets.
       (c) Report.--
       (1) In general.--At or about the same time the budget of 
     the President for fiscal year 2012 is submitted to Congress 
     pursuant to section 1105 of title 31, United States Code, the 
     Secretary shall submit to the congressional defense 
     committees a report setting forth the results of the study 
     under subsection (a).
       (2) Form.--The report shall be in unclassified form, but 
     may include a classified annex.

     SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM.

       (a) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, and each 180-day period thereafter, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the standard missile system, 
     particularly with respect to standard missile-3 block IIA and 
     standard missile-3 block IIB.
       (b) Matters Included.--The reports under subsection (a) 
     shall include the following:
       (1) A detailed discussion of the modernization, 
     capabilities, and limitations of the standard missile.
       (2) A review of the standard missile's comparison 
     capability against all expected threats.
       (3) A report on the progress of complimentary systems, 
     including, at a minimum, radar systems, delivery systems, and 
     recapitalization of supporting software and hardware.
       (4) Any industrial capacities that must be maintained to 
     ensure adequate manufacturing of standard missile technology 
     and production ratio.

                          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 provide 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) Report.--Not later than March 15, 2011, the Secretary 
     shall submit to the congressional defense committees the cost 
     benefit analysis 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, 
     2018, 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 2018, 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.

     SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TARGETING 
                   SYSTEM.

       (a) Review.--Not later than March 1, 2011, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics shall form a joint assessment team to review the 
     joint effects targeting system.
       (b) Report.--Not later than 30 days after the date on which 
     the review under subsection (a) is completed, the Under 
     Secretary shall submit to the congressional defense 
     committees a report on the review.

                       Subtitle E--Other Matters

     SEC. 241. ESCALATION OF FORCE CAPABILITIES.

       (a) Non-lethal Demonstration Program.--The Secretary of 
     Defense, acting through the Director of Operational Test and 
     Evaluation and in consultation with the Executive Agent for 
     Non-lethal Weapons, shall carry out a program to 
     operationally test and evaluate non-lethal weapons that 
     provide counter-personnel escalation of force options to 
     members of the Armed Forces deploying in support of a 
     contingency operation.
       (b) Technology Tested.--Technologies evaluated under 
     subsection (a) shall include crowd control, area denial, 
     space clearing, and personnel incapacitation tools.
       (c) Report Required.--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 that--
       (1) evaluates operational and situational suitability for 
     each non-lethal weapon tested;
       (2) defines the tactics, techniques, and procedures 
     approved for deployment of each non-lethal weapon by service;
       (3) identifies deployment schemes for each type of non-
     lethal weapon by service; and
       (4) details, by service, the number of units receiving pre-
     deployment training on each non-lethal weapon and the total 
     number of units trained.
       (d) Procurement Line Item.--In the budget materials 
     submitted to the President by the Secretary of Defense in 
     connection with 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 military department 
     procurement account, a separate, dedicated procurement line 
     item is designated for non-lethal weapons.

     SEC. 242. 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) Funding.--Of the amounts authorized to be appropriated 
     by this Act for research, development, test, and evaluation, 
     Defense-wide, not more than $5,000,000 may be available to 
     carry out this section.
       (c) Annual Reports.--Not later than December 31 of each 
     year in which the Secretary carries out the pilot program, 
     the Secretary shall submit to the congressional defense 
     committees a report on the pilot program established under 
     this section, including a list of each designated system 
     included in the program.
       (d) Termination.--The pilot program established under this 
     section shall terminate on October 1, 2015.
       (e) 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.

[[Page H3911]]

     SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.

       (a) Pilot Program.--The Secretary of Defense, in 
     coordination with the Secretary of Energy, shall 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.--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 under this section. 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.--The pilot program 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.--The Secretary of Defense 
     shall begin the pilot program under this section by not later 
     than July 1, 2011. Such pilot program shall be not less than 
     three years in duration.
       (e) Reports.--
       (1) Initial report.--Not later than October 1, 2011, the 
     Secretary of Defense shall submit to the appropriate 
     congressional committees an initial report that provides an 
     update on the implementation of the pilot program under this 
     section, 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 the 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) Funding.--
       (1) Department of defense.--Of the funds authorized to be 
     appropriated by section 201 for fiscal year 2011 for 
     research, development, test, and evaluation, Defense-wide, 
     $5,000,000 is available to carry out this section.
       (2) Department of energy.--Upon determination by the 
     Secretary of Energy that the program under this section is 
     relevant and consistent with the mission of the Department of 
     Energy to lead the modernization of the electric grid, 
     enhance the security and reliability of the energy 
     infrastructure, and facilitate recovery from disruptions to 
     energy supply, the Secretary may transfer funds made 
     available for the Office of Electricity Delivery and Energy 
     Reliability of the Department of Energy in order to carry out 
     this section.
       (g) 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)).

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2011 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $34,232,221,000.
       (2) For the Navy, $37,976,443,000.
       (3) For the Marine Corps, $5,568,340,000.
       (4) For the Air Force, $36,684,588,000.
       (5) For Defense-wide activities, $30,200,596,000.
       (6) For the Army Reserve, $2,942,077,000.
       (7) For the Naval Reserve, $1,374,764,000.
       (8) For the Marine Corps Reserve, $287,234,000.
       (9) For the Air Force Reserve, $3,311,827,000.
       (10) For the Army National Guard, $6,628,525,000.
       (11) For the Air National Guard, $5,980,139,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $14,068,000.
       (13) For the Acquisition Development Workforce Fund, 
     $229,561,000.
       (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 to the 
     Hazardous Substance Superfund not more than $5,611,670.67 for 
     fiscal year 2011.
       (2) Purpose of reimbursement.--A payment made under 
     paragraph (1) is to reimburse the Environmental Protection 
     Agency for all costs the Agency has incurred through fiscal 
     year 2011 relating to the response actions performed by the 
     Department of Defense under the Defense Environmental 
     Restoration Program at the Twin Cities Army Ammunition Plant, 
     Minnesota.
       (3) Interagency agreement.--The reimbursement described in 
     paragraph (2) is provided for in an interagency agreement 
     entered into by the Department of the Army and the 
     Environmental Protection Agency for the Twin Cities Army 
     Ammunition Plant that took effect in December 1987.
       (b) Source of Funds.--A payment under subsection (a) shall 
     be made using funds authorized to be appropriated for fiscal 
     year 2011 to the Department of Defense for operation and 
     maintenance for Environmental Restoration, Army.
       (c) Use of Funds.--The Environmental Protection Agency 
     shall use the amounts transferred under subsection (a) to pay 
     costs incurred by the Agency at the Twin Cities Army 
     Ammunition Plant.

     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. TESTING AND CERTIFICATION PLAN FOR OPERATIONAL USE 
                   OF AN AVIATION BIOFUEL DERIVED FROM MATERIALS 
                   THAT DO NOT COMPETE WITH FOOD STOCKS.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     testing and certification plan for the operational use of a 
     biofuel that--
       (1) is derived from materials that do not compete with food 
     stocks; and
       (2) is suitable for use for military purposes as an 
     aviation fuel or in an aviation-fuel blend.

[[Page H3912]]

     SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC PROPULSION 
                   SYSTEMS AND OTHER FUEL-SAVING TECHNOLOGIES FOR 
                   INCORPORATION INTO TACTICAL MOTOR VEHICLES.

       (a) Identification of Usable Alternative Technology.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of each military department shall submit 
     to Congress a report identifying hybrid or electric 
     propulsion systems and other vehicle technologies that reduce 
     consumption of fossil fuels and are suitable for 
     incorporation into the current fleet of tactical motor 
     vehicles of each Armed Force under the jurisdiction of the 
     Secretary. In identifying suitable alternative technologies, 
     the Secretary shall consider the feasibility and cost of 
     incorporating the technology, the design changes and amount 
     of time required for incorporation, and the overall impact of 
     incorporation on vehicle performance.
       (b) Hybrid Defined.--In this section, the term ``hybrid'' 
     refers to a propulsion system, including the engine and drive 
     train, that draws energy from onboard sources of stored 
     energy that involve--
       (1) an internal combustion or heat engine using combustible 
     fuel; and
       (2) a rechargeable energy storage system.

                 Subtitle C--Workplace and Depot Issues

     SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE 
                   CONTRACT INVENTORY.

       Section 2330a(c)(1) of title 10, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A), 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, as 
     supported by the Under Secretary of Defense (Comptroller) and 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics.''; and
       (2) by striking subparagraph (E) and inserting the 
     following new subparagraph (E):
       ``(E) The number and work location of contractor employees, 
     expressed as full-time equivalents for direct labor, using 
     direct labor hours and associated cost data collected from 
     contractors.''.

     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. PILOT PROGRAM ON BEST VALUE FOR CONTRACTS FOR 
                   PRIVATE SECURITY FUNCTIONS.

       (a) Pilot Program Authorized.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall establish a pilot program under which the 
     Secretary shall implement a best value procurement standard 
     in entering into contracts for the provision of private 
     security functions in Afghanistan and Iraq. In entering into 
     a covered contract under the pilot program, in addition to 
     taking into consideration the cost of the contract, the 
     Secretary shall take into consideration each of the 
     following:
       (1) Past performance.
       (2) Quality.
       (3) Delivery.
       (4) Management expertise.
       (5) Technical approach.
       (6) Experience of key personnel.
       (7) Management structure.
       (8) Risk.
       (9) Such other matters as the Secretary determines are 
     appropriate.
       (b) Justification.--A covered contract under the pilot 
     program may not be awarded unless the contracting officer for 
     the contract justifies in writing the reason for the award of 
     the contract.
       (c) Annual Report.--Not later than January 15 of each year 
     the pilot program under this section is carried out, the 
     Secretary of Defense shall submit to the congressional 
     defense committees an unclassified report containing each of 
     the following:
       (1) A list of any covered contract awarded for private 
     security functions in Afghanistan and Iraq under the pilot 
     program.
       (2) A description of the matters that the Secretary of 
     Defense took into consideration, in addition to cost, in 
     awarding each such contract.
       (3) Any additional information or recommendations the 
     Secretary considers appropriate to include with respect to 
     the pilot program, the contracts awarded under the pilot 
     program, or the considerations for evaluating such contracts.
       (d) Termination of Program.--The authority of the Secretary 
     of Defense to carry out a pilot program under this section 
     terminates on September 30, 2013. The termination of the 
     authority shall not affect the validity of contracts that are 
     awarded or modified during the period of the pilot program, 
     without regard to whether the contracts are performed during 
     the period.
       (e) Discretionary Implementation After September 30, 
     2013.--After September 30, 2013, implementation of a best 
     value procurement standard in entering into contracts for the 
     provision of private security functions in Afghanistan and 
     Iraq shall be at the discretion of the Secretary of Defense.
       (f) Definitions.--In this section:
       (1) The term ``best value'' means providing the best 
     overall benefit to the Government in accordance with the 
     tradeoff process described in section 15.101-1 of title 48 of 
     the Code of Federal Regulations.
       (2) The term ``covered contract'' means--
       (A) a contract of the Department of Defense for the 
     performance of services; or
       (B) a task order or delivery order issued under such a 
     contract.
       (3) The term ``private security functions'' means guarding, 
     by a contractor under a covered contract, of personnel, 
     facilities, or property of a Federal agency, the contractor, 
     a subcontractor of a contractor, or a third party.

     SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY 
                   CONTRACTORS.

       (a) Third-party Certification Policy Guidance.--Not later 
     than 270 days after the date of the enactment of this Act, 
     the Secretary of Defense shall issue policy guidance 
     requiring, as a condition for award of a covered contract for 
     the provision of private security functions, that each 
     contractor receive certification from a third party that the 
     contractor adheres to specified operational and business 
     practice standards. The guidance shall--
       (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;
       (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; and
       (3) identify organizations that can carry out the 
     certifications.
       (b) Regulations Required.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall revise the Department of Defense supplement to 
     the Federal Acquisition Regulation to carry out the 
     requirements of this section and the guidance issued under 
     this section.
       (c) Definitions.--In this section:
       (1) 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 contract;
       (C) a task order or delivery order issued under such a 
     contract or subcontract.
       (2) The term ``contractor'' means, with respect to a 
     covered contract, the contractor or subcontractor carrying 
     out the covered contract.
       (3) 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.
       (d)  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. 325. 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 function 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 December 31, 2010, 
     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.

                          Subtitle D--Reports

     SEC. 331. REVISION TO REPORTING REQUIREMENT RELATING TO 
                   OPERATION AND FINANCIAL SUPPORT FOR MILITARY 
                   MUSEUMS.

       (a) Change in Frequency of Report.--Subsection (a) of 
     section 489 of title 10, United States Code, is amended by 
     striking ``As part of'' and all that follows through ``fiscal 
     year--'' and inserting the following: ``As part of the budget 
     materials submitted to Congress for every odd-numbered fiscal 
     year, in connection with the submission of the budget for 
     that fiscal year pursuant to section 1105 of title 31, the 
     Secretary of Defense shall submit to Congress a report on 
     military museums. In each such report, the Secretary shall 
     identify all military museums that, during the most recently 
     completed two fiscal-year period--''

[[Page H3913]]

       (b) Repeal of Required Report Element.--Subsection (b) of 
     such section is amended--
       (1) by striking paragraph (5); and
       (2) by redesignating paragraph (6) as paragraph (5).
       (c) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 489. Department of Defense operation and financial 
       support for military museums: biennial report''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 23 of such title is amended by striking 
     the item relating to section 489 and inserting the following 
     new item:

``489. Department of Defense operation and financial support for 
              military museums: biennial report.''.

     SEC. 332. 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 subparagraph 
     (E) 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. 333. MODIFICATION AND REPEAL OF CERTAIN REPORTING 
                   REQUIREMENTS.

       (a) Modification of Report on Army Progress.--Section 323 
     of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2146; 10 
     U.S.C. 229 note) is amended--
       (1) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively; and
       (2) in subsection (d), as so redesignated, by striking ``or 
     (d)''.
       (b) 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.
       (c) 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. 334. 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 (hereinafter in this 
     section referred to as ``NORTHCOM'') shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Service of the House of Representatives a report on 
     the Air Sovereignty Alert (hereinafter in this section 
     referred to as ``ASA'') Mission and Operation Noble Eagle 
     (hereinafter in this section referred to as ``ONE'').
       (b) Consultation.--NORTHCOM shall consult with the Director 
     of the National Guard Bureau who shall be authorized to 
     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 current ASA mission and ONE.
       (2) An evaluation of each of the following:
       (A) The current ability to perform the mission with regards 
     to training, equipment, funding, and military construction.
       (B) Any current deficiencies in the mission.
       (C) Any changes in threats which would allow for any change 
     in number of ASA sites or force structure required to support 
     the ASA mission.
       (D) Future ability to perform the ASA mission with current 
     and programmed equipment.
       (E) Coverage of units with respect to--
       (i) population centers covered;
       (ii) targets of value covered, including symbolic (national 
     monuments, sports venue, and centers of commerce), critical 
     infrastructure (nuclear plants, dams, bridges, and 
     telecommunication nodes) and national security (military 
     bases and organs of government); and
       (iii) an unclassified, notional area of responsibility 
     conforming to the unclassified response time of unit 
     represented graphically on a map and detailing total 
     population covered and number of targets described in clause 
     (ii).
       (3) Status of 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) Means of Delivery of Report.--The report required by 
     subsection (a) shall be unclassified, and NORTHCOM shall 
     brief the Committees on Armed Services of the Senate and 
     House of Representatives at the appropriate classification 
     level.

     SEC. 335. 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 military construction.
       (B) Any current deficiencies of the Air National Guard to 
     perform the mission.
       (C) The corrective actions and costs required to address 
     any deficiencies described in subparagraph (B).
       (D) The need for SEAD/DEAD ranges to be constructed on 
     existing ranges operated, controlled, or used by Air National 
     Guard units based on geographic considerations of proximity 
     and utility.
       (c) Consultation.--The Secretary of the Air Force shall 
     consult with the Director of the National Guard Bureau who 
     shall be authorized to review and provide independent 
     analysis and comments on the report required under subsection 
     (a).

          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.''.
       (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. IMPROVEMENT AND EXTENSION OF ARSENAL SUPPORT 
                   PROGRAM INITIATIVE.

       (a) Improvement.--
       (1) In general.--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) is amended--
       (A) in subsection (b), by striking paragraphs (3) and (4) 
     and redesignating paragraphs (5) through (11) as paragraphs 
     (3) through (9), respectively;
       (B) by striking subsection (d) and redesignating 
     subsections (e), (f), and (g) as subsections (d), (e), and 
     (f), respectively.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date of the enactment of this Act.
       (b) Prioritization of Program Purposes.--The Secretary of 
     the Army shall--
       (1) prioritize the purposes of the Arsenal Support Program 
     Initiative under section 343(b) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 
     (Public Law 106-398; U.S.C. 4551 note), as amended by 
     subsection (a)(1)(A); and
       (2) issue guidance to the appropriate commands reflecting 
     such priorities.
       (c) Extension.--
       (1) In general.--Such section, as amended by subsection 
     (a)(1) of this section, is further amended--
       (A) in subsection (a), by striking ``2010'' and inserting 
     ``2012''; and
       (B) in paragraph (1) of subsection (f), as redesignated by 
     subsection (a)(1)(B) of this section, by striking ``2010'' 
     and inserting ``2012''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date of the submittal of the report 
     required under subsection (d).
       (d) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the Army shall 
     submit to Congress a report on the Arsenal Support Program 
     Initiative that includes--
       (1) the Secretary's determination with respect to the 
     Army's highest priorities from among the

[[Page H3914]]

     purposes of the Arsenal Support Program Initiative under 
     section 343(b) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (Public Law 106-398; 
     U.S.C. 4551 note), as amended by subsection (a)(1)(A), 
     reflecting the Secretary's overall strategy to achieve 
     desired results;
       (2) performance goals for the Arsenal Support Program 
     Initiative; and
       (3) outcome-focused performance measures to assess the 
     progress the Army has made toward addressing the purposes of 
     the Arsenal Support Program Initiative.

     SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EXPENSES FOR 
                   CERTAIN NAVY MESS OPERATIONS.

       Section 1014(b) 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, 2012''.

     SEC. 344. 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 50 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) The independent assessment of the HTS called for in the 
     report of the Committee on Armed Services of the House of 
     Representatives accompanying the National Defense 
     Authorization Act for Fiscal Year 2010 (H. Rept. 111-166).
       (2) A validation of all HTS requirements, including any 
     prior joint urgent operations needs statements.
       (3) 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. 345. 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 for budget activity four, line 270, 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. 346. LIMITATION ON RETIREMENT OF C-130 AIRCRAFT FROM AIR 
                   FORCE INVENTORY.

       The Secretary of the Air Force may not take any action to 
     retire any C-130 aircraft from the inventory of the Air Force 
     until 30 days after the date on which the Secretary submits 
     to the congressional defense committees a written agreement 
     between the Director of the Air National Guard, the Commander 
     of Air Force Reserve Command, and the Chief of Staff of the 
     Air Force. The agreement shall specify the following:
       (1) The number of and type of C-130 aircraft to be 
     transferred, on a temporary basis, from the Air National 
     Guard to the Air Force.
       (2) The schedule by which any C-130 aircraft transferred to 
     the Air Force will be returned to the Air National Guard.
       (3) A description of the condition, including the estimated 
     remaining service life, in which the C-130 aircraft will be 
     returned to the Air National Guard following the period 
     during which the aircraft are on loan to the Air Force.
       (4) A description of the allocation of resources, including 
     the designation of responsibility for funding aircraft 
     operations and maintenance, in fiscal year 2011, and detailed 
     description of budgetary responsibilities through the 
     remaining period the aircraft are on loan to the Air Force.
       (5) The designation of responsibility for funding depot 
     maintenance requirements or modifications to the aircraft 
     during the period the aircraft are on loan with the Air 
     Force, or otherwise generated as a result of transfer.
       (6) The locations from which the C-130 aircraft will be 
     transferred.
       (7) The manpower planning and certification that such a 
     transfer will not result in manpower authorization reductions 
     or resourcing at the Air National Guard facilities identified 
     in paragraph (6).
       (8) The manner by which Air National Guard personnel 
     affected by the transfer will maintain their skills and 
     proficiencies in order to preserve readiness at the affected 
     units.
       (9) Any other items the Director of the Air National Guard 
     or the Commander of Air Force Reserve Command determine are 
     necessary in order to ensure such a transfer will not 
     negatively impact the ability of the Air National Guard and 
     Air Force Reserve to accomplish their respective missions.

     SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS 
                   OF MILITARY REQUIREMENTS.

       (a) Commercial Sale of Small Arms Ammunition.--Small arms 
     ammunition and ammunition components in excess of military 
     requirements, including fired cartridge cases, which is not 
     otherwise prohibited from commercial sale or certified by the 
     Secretary of Defense as unserviceable or unsafe, may not be 
     demilitarized or destroyed and shall be made available for 
     commercial sale.
       (b) Deadline for Guidance.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall issue guidance to ensure compliance with 
     subsection (a). Not later than 15 days after issuing such 
     guidance, the Secretary shall submit to the congressional 
     defense committees a letter of compliance providing notice of 
     such guidance.

     SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 FORCE 
                   STRUCTURE ANNOUNCEMENT IMPLEMENTATION.

       None of the amounts authorized to be appropriated by this 
     Act or otherwise made available for fiscal year 2011 may be 
     obligated or expended for the purpose of implementing the Air 
     Force fiscal year 2011 Force Structure Announcement until 45 
     days after--
       (1) the Secretary of the Air Force provides a detailed 
     report to the Committees on Armed Services of the Senate and 
     House of Representatives on the follow-on missions for bases 
     affected by the 2010 Combat Air Forces restructure; and
       (2) the Secretary of the Air Force certifies to the 
     Committees on Armed Services of the Senate and House of 
     Representatives that the Air Sovereignty Alert Mission will 
     be fully resourced with required funding, personnel, and 
     aircraft.

                       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 submits an application for a 
     position as an employee of the Department of Defense for 
     which a security clearance is required who is a member of the 
     armed forces who was retired or separated for physical 
     disability pursuant to chapter 61 of this title.''; 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 amendment made by subsection (a) 
     shall apply with respect to a background investigation 
     conducted after the date of the enactment of this Act.

     SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAMILY MEMBERS 
                   OF DECEASED OR SERIOUSLY WOUNDED MEMBERS OF THE 
                   ARMED FORCES WHO WERE HANDLERS OF THE DOGS.

       Section 2583(c) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``Military animals''; and
       (2) by adding at the end the following new paragraph:
       ``(2) For purposes of making a determination under 
     subsection (a)(2), unusual or extraordinary circumstances may 
     include situations in which the handler of a military working 
     dog is a member of the armed forces who is killed in action, 
     dies of wounds received in action, or is so seriously wounded 
     in action that the member will (or most likely will) receive 
     a medical discharge. If the Secretary of the military 
     department concerned determines that an adoption is justified 
     in such a situation, the military working dog shall be made 
     available for adoption only by the immediate family of the 
     member.''.

     SEC. 353. 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:

[[Page H3915]]

       ``(c) Transportation of Allied Personnel During 
     Contingencies or Disaster Responses.--(1) During the five-
     year period beginning on the date of the enactment of the 
     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.
       ``(2) Not later than March 1 of each year following a year 
     in which the Secretary provides transportation under 
     paragraph (1), the Secretary shall submit to the Committees 
     on Armed Services of the Senate and House of Representatives 
     a report describing, in detail, the transportation so 
     provided during that year. Each such report shall include a 
     description of each of the following:
       ``(A) How the authority under paragraph (1) was used during 
     the year covered by the report.
       ``(B) The frequency with which such authority was used 
     during that year.
       ``(C) The rationale of the Secretary for each such use of 
     the authority.
       ``(D) The total cost of the transportation provided under 
     paragraph (1) during that year.
       ``(E) The appropriation, fund, or account credited and the 
     total amount received as a result of providing transportation 
     under paragraph (1) during that year.''.
       (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. 354. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING 
                   TO USE OF FLEXIBLE HIRING AUTHORITY TO 
                   FACILITATE PERFORMANCE OF CERTAIN DEPARTMENT OF 
                   DEFENSE FUNCTIONS BY CIVILIAN EMPLOYEES.

       2463(d)(1) of title 10, United States Code, is amended by 
     striking ``under the National Security Personnel System, as 
     established''.

     SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING AND 
                   SIMULATION TOOLS.

       (a) Inventory.--
       (1) Inventory required.--The Comptroller General of the 
     United States shall perform an inventory of all modeling and 
     simulation tools used by the Department of Defense to develop 
     and analyze the Department's annual budget submission and to 
     support decision making inside the budget process. In 
     carrying out the inventory, the Comptroller General shall 
     identify the purpose, scope, and levels of validation, 
     verification, and accreditation of each such model and 
     simulation.
       (2) Report.--Not later than December 1, 2010, the 
     Comptroller General shall submit to Committees on Armed 
     Services of the Senate and House of Representatives and the 
     Secretary of Defense a report on the inventory under 
     paragraph (1) and the findings of the Comptroller General in 
     carrying out the inventory.
       (b) Study.--
       (1) Study required.--By not later than January 15, 2011, 
     the Secretary of Defense shall seek to enter into a contract 
     with a federally funded research and development center to 
     carry out a study examining the requirements for and 
     capabilities of modeling and simulation tools used by the 
     Department of Defense to support the annual budget process. A 
     contract entered into under this paragraph shall specify that 
     in carrying out the study, the center shall--
       (A) use the inventory performed by the Comptroller General 
     under subsection (a) as a baseline;
       (B) examine the efficacy and sufficiency of the modeling 
     and simulation tools used by the Department of Defense to 
     support the development, analysis, and decision-making 
     associated with the construction and validation of 
     requirements used as a basis for the annual budget process of 
     the Department;
       (C) examine the requirements and any capability gaps with 
     respect to such modeling and simulation tools;
       (D) provide recommendations as to how the Department should 
     best address the requirements and fill the capabilities gaps 
     identified under subparagraph (C);
       (E) identify annual investment levels in modeling and 
     simulation tools and certifications required to achieve a 
     high degree of confidence in the relationship between the 
     Department's mission effectiveness and 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 a fiscal year;
       (F) examine the verification, validation, and accreditation 
     requirements for each of the military services and provide 
     recommendations with respect to establishing uniform 
     standards for such requirements across all of the military 
     services; and
       (G) recommend improvements to enhance the confidence, 
     efficacy, and sufficiency of the modeling and simulation 
     tools used by the Department of Defense in the development of 
     the annual budget.
       (2) Report.--Not later than January 1, 2012, the chief 
     executive officer of the center that carries out the study 
     pursuant to a contract under paragraph (1) shall submit to 
     the Committees on Armed Services of the Senate and House of 
     Representatives a report on the findings of the study.

     SEC. 356. 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. 357. DEPARTMENT OF DEFENSE STUDY ON SIMULATED TACTICAL 
                   FLIGHT TRAINING IN A SUSTAINED G ENVIRONMENT.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on the effectiveness of simulated tactical flight 
     training in a sustained g environment. In conducting the 
     study, the Secretary shall include all relevant factors, 
     including each of the following:
       (1) Training effectiveness.
       (2) Cost reductions.
       (3) Safety.
       (4) Research benefits.
       (5) Carbon emissions reduction.
       (6) Lifecycles of training aircraft.
       (b) Deadline for Completion.--The study required by 
     subsection (a) shall be completed not later than 18 months 
     after the date of the enactment of this Act.
       (c) Submission to Congress.--Upon completion of the study 
     required by subsection (a), the Secretary shall submit the 
     results of the study to the congressional defense committees.

     SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 
                   OBSTRUCTIONS ON MILITARY INSTALLATIONS AND 
                   OPERATIONS.

       (a) Designation of Department Organization.--Not later than 
     60 days after the date of the enactment of this Act, the 
     Secretary of Defense shall designate a single organization 
     within the Department of Defense to--
       (1) serve as the executive agent to carry out the study 
     required by subsection (b);
       (2) serve as a clearinghouse to review applications 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
       (3) accelerate the development of planning tools to provide 
     preliminary notice as to the acceptability to the Department 
     of Defense of proposals included in an application submitted 
     pursuant to such section.
       (b) Military Installations and Operations Impact Study.--
       (1) Study required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     carry out a study to identify any areas where military 
     installations and military operations, including the use of 
     air navigation facilities, navigable airspace, military 
     training routes, and air defense radars, could be affected by 
     any proposed construction, alteration, establishment, or 
     expansion of a structure described in section 44718 of title 
     49, United States Code.
       (2) Military mission impact zones.--The Secretary of 
     Defense shall publish a notice of the areas identified 
     pursuant to the study under paragraph (1). Such areas shall 
     be known as ``military mission impact zones''.
       (c) Effect of Department of Defense Hazard Assessment.--A 
     notice under subsection (a)(3) or (b)(2) shall not be 
     considered to be a substitute for any assessment required by 
     the Secretary of Transportation under section 44718 of title 
     49, United States Code.
       (d) 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 (42 U.S.C. 4321 et 
     seq.).
       (e) 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 Defense, for use by the 
     Armed Forces for the purpose of conducting low-altitude, 
     high-speed military training.
       (2) The term ``high value military training route'' means a 
     military training route that is in the highest quartile of 
     military training routes used by the Department of Defense 
     with respect to frequency of use.

[[Page H3916]]

       (3) The term ``military installation'' has the meaning 
     given that term in section 2801(c)(4) of title 10, United 
     States Code.
       (4) The term ``military operation'' means military 
     navigable airspace, including high value military training 
     routes, air defense radars, special use airspace, warning 
     areas, and other military related systems.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 2011, as follows:
       (1) The Army, 569,400.
       (2) The Navy, 328,700.
       (3) The Marine Corps, 202,100.
       (4) The Air Force, 332,200.

     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, 
     2,520.
       (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.
       (c) Conforming Amendment to Annual Limitation on Non-dual 
     Status Technicians for the Army National Guard.--Section 
     10217(c)(2) of title 10, United States Code, is amended by 
     striking ``1,950'' and inserting ``2,870''.

     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. AGE FOR HEALTH CARE PROFESSIONAL APPOINTMENTS AND 
                   MANDATORY RETIREMENTS.

       (a) Age for Original Appointment as a Health Professions 
     Officer.--Section 532(d)(2) of title 10, United States Code, 
     is amended by striking ``reserve''.
       (b) Additional Categories of Officers Eligible for Deferral 
     of Mandatory Retirement for Age.--Section 1251(b) of such 
     title is amended--
       (1) in paragraph (1), 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.''; and
       (2) in paragraph (2)--
       (A) by striking ``or'' at the end of subparagraph (B);
       (B) by striking the period at the end of subparagraph (C) 
     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 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.''.

     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 may provide 
     by regulation that appointments in that grade shall be made 
     by commission''.
       (2) Appointing authority.--The second sentence of section 
     571(b) of such title is amended by inserting before the 
     period at the end the following: ``, and appointments in the 
     grade of regular warrant officer, W-1 (whether by warrant or 
     commission), shall be made by the President, except that 
     appointments in that grade in the Coast Guard shall be made 
     by the Secretary of Homeland Security when it is not 
     operating as a service in the Department of the Navy''.
       (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

[[Page H3917]]

     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 LIST OF 
                   OFFICERS RECOMMENDED FOR PROMOTION.

       (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.--If an officer on the active-
     duty list is discharged or dropped from the rolls, 
     transferred to a retired status, or found to have been 
     erroneously included in a zone of consideration, after having 
     been recommended for promotion to a higher grade under this 
     chapter, but before being promoted, the officer shall be 
     administratively removed from the promotion list under 
     regulations prescribed by the Secretary concerned.''.
       (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.--If an officer on the reserve 
     active-status list is discharged or dropped from the rolls, 
     transferred to a retired status, or found to have been 
     erroneously included in a zone of consideration, after having 
     been recommended for promotion to a higher grade under this 
     chapter or after having been found qualified for Federal 
     recognition in the higher grade under title 32, but before 
     being promoted, the officer shall be administratively removed 
     from the promotion list under regulations prescribed by the 
     Secretary concerned.''.

     SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS OF 
                   INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR 
                   SUBSTANDARD PERFORMANCE AND OTHER REASONS.

       (a) Active Duty.--Section 1187 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by striking paragraphs (2) and (3) 
     and inserting the following new paragraphs:
       ``(2) Each member of the board shall be senior in rank or 
     grade to the officer being required to show cause for 
     retention on active duty.
       ``(3) At least one member of the board--
       ``(A) shall be in or above the grade of major or lieutenant 
     commander, if the grade of the officer being required to show 
     cause for retention on active duty is below the grade of 
     major or lieutenant commander; or
       ``(B) shall be in a grade above lieutenant colonel or 
     commander, if the grade of the officer being required to show 
     cause for retention on active duty is major or lieutenant 
     commander or above.'';
       (2) in subsection (b), by striking ``that officer--'' and 
     all that follows through the period at the end and inserting 
     ``that officer meets the grade requirements of subsection 
     (a)(2).''; and
       (3) by adding at the end the following new subsection:
       ``(e) Regulations.--The Secretary of a military department 
     may prescribe regulations limiting the eligibility of 
     officers to serve on a board convened under this chapter to 
     officers who, while otherwise qualified, are in the opinion 
     of the Secretary best suited for that duty by reason of age, 
     education, training, experience, length of service, or 
     temperament.''.
       (b) Reserves.--Section 14906 of such title is amended--
       (1) in subsection (a), by striking paragraphs (2) and (3) 
     and inserting the following new paragraphs:
       ``(2) Each member of the board shall be senior in rank or 
     grade to the officer being required to show cause for 
     retention in an active status.
       ``(3) At least one member of the board--
       ``(A) shall be in or above the grade of major or lieutenant 
     commander, if the grade of the officer being required to show 
     cause for retention in an active status is below the grade of 
     major or lieutenant commander; or
       ``(B) shall be in a grade above lieutenant colonel or 
     commander, if the grade of the officer being required to show 
     cause for retention in an active status is major or 
     lieutenant commander or above.''; and
       (2) by adding at the end the following new subsection:
       ``(c) Regulations.--The Secretary of a military department 
     may prescribe regulations limiting the eligibility of 
     officers to serve on a board convened under this chapter to 
     officers who, while otherwise qualified, are in the opinion 
     of the Secretary best suited for that duty by reason of age, 
     education, training, experience, length of service, or 
     temperament.''.

     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 National Defense Authorization Act for Fiscal Year 
     2011 and ending on September 30, 2013''.
       (b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such 
     title is amended by striking ``January 6, 2006, and ending on 
     December 31, 2008'' and inserting ``the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2011 and ending on September 30, 2013''.
       (c) Air Force.--Section 8911(b)(2) of such title is amended 
     by striking ``January 6, 2006, and ending on December 31, 
     2008'' and inserting ``the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2011 and 
     ending on September 30, 2013''.

                Subtitle B--Reserve Component Management

     SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF THE RESERVE 
                   COMPONENTS.

       (a) Requirement; Exception.--Subsection (a)(1) of section 
     1142 of title 10, United States Code, is amended--
       (1) in the first sentence--
       (A) by striking ``Within'' and inserting ``(A) Within''; 
     and
       (B) by striking ``of each member'' and all that follows 
     through the period at the end of the sentence and inserting 
     the following: ``of--
       ``(i) each member of the armed forces whose discharge or 
     release from active duty is anticipated as of a specific 
     date; and
       ``(ii) each member of a reserve component not covered by 
     clause (i) whose discharge or release from service is 
     anticipated as of a specific date.''; and
       (2) in the second sentence, by striking ``A notation of the 
     provision of such counseling'' and inserting the following:
       ``(B) A notation of the provision of preseparation 
     counseling''.
       (b) Clarification of Covered Matters.--Subsection (b)(7) of 
     such section is amended by striking ``from active duty''.

     SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR NATIONAL 
                   GUARD MEMBERS.

       Subsection (a) of section 1552 of title 10, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``military record of the 
     Secretary's department'' and inserting ``military record of 
     an armed force, including reserve components thereof, under 
     the jurisdiction of the Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(5) In the case of a member of the National Guard, the 
     authority to correct any military record of the member under 
     this section extends only to records generated while the 
     member was in Federal service and does not apply to matters 
     related to State government policy and procedures related to 
     its National Guard.''.

     SEC. 513. 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. 514. 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. 515. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF 
                   NON-DUAL STATUS MILITARY TECHNICIANS.

       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:

[[Page H3918]]

       ``(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 persons may be hired under the authority of this 
     subsection after the end of the two-year period beginning on 
     the date of the enactment of this subsection.''.

     SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RESERVE FORCES 
                   POLICY BOARD.

       (a) Revised Structure and Functions.--Section 10301 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 10301. Reserve Forces Policy Board

       ``(a) Functions.--As provided in section 175 of this title, 
     there is in the Office of the Secretary of Defense a Reserve 
     Forces Policy Board. 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. The 
     Board shall report directly to the Secretary to provide 
     independent advice and recommendations to the Secretary on 
     matters relating to the and reserve components.
       ``(b) Membership.--The Board consists of 20 members, 
     appointed or designated as follows:
       ``(1) A civilian chairman appointed by the Secretary of 
     Defense, who shall be a person who the Secretary determines 
     has the knowledge of, and experience in, policy matters 
     relevant to national security and reserve component matters 
     required to carry out the duties of chairman.
       ``(2) Two reserve general officers designated by the 
     Secretary of Defense upon the recommendation of the Secretary 
     of the Army, one of whom shall be a member of the Army 
     National Guard of the United States and one of whom shall be 
     a member of the Army Reserve.
       ``(3) Two reserve officers designated by the Secretary of 
     Defense upon the recommendation of the Secretary of the Navy, 
     one of whom shall be a Navy Reserve flag officer and one of 
     whom shall be a Marine Corps Reserve general officer.
       ``(4) Two reserve general officers designated by the 
     Secretary of Defense upon the recommendation of the Secretary 
     of the Air Force, one of whom shall be a member of the Air 
     National Guard of the United States and one of whom shall be 
     a member of the Air Force Reserve.
       ``(5) One Coast Guard flag officer designated by the 
     Secretary of Homeland Security when the Coast Guard is not 
     operating as a service within the Department of the Navy, or 
     designated by the Secretary of Defense, upon the 
     recommendation of the Secretary of the Navy, when the Coast 
     Guard is operating as a service in the Navy under section 3 
     of title 14.
       ``(6) Ten persons appointed or designated by the Secretary 
     of Defense, each of whom shall be a United States citizen and 
     have 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 on active duty, or 
     an officer of a reserve component in an active status, who 
     has served or is serving in a senior position on the Joint 
     Staff, a combatant command headquarters staff, or a service 
     headquarters staff.
       ``(7) A reserve officer of the Army, Navy, Air Force, or 
     Marine Corps who is a general or flag officer recommended by 
     the chairman and designated by the Secretary of Defense, who 
     shall serve without vote--
       ``(A) as military adviser to the chairman;
       ``(B) as military executive officer of the Board; and
       ``(C) as supervisor of the Board operations and staff.
       ``(8) A senior enlisted member of a reserve component 
     recommended by the chairman and appointed by the Secretary of 
     Defense, who shall serve without vote as enlisted military 
     adviser to the chairman.
       ``(c) Independent Advice.--In the case of a member of the 
     Board who is an officer or employee of the Department of 
     Defense or a member of the armed forces, the advice provided 
     in that member's capacity as a member of the Board shall be 
     rendered independently of the Board member's other duties as 
     an officer or employee of the Department of Defense or member 
     of the armed forces.
       ``(d) Matters to Be Acted on.--The Board shall act on those 
     matters referred to it by the chairman and on any matter 
     raised by a member of the Board.
       ``(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 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.''.
       (b) Board Membership Transition Provision.--The members of 
     the Reserve Forces Policy Board as of the date of the 
     enactment of this Act shall continue to serve on the Board in 
     accordance with their respective terms of service as of such 
     date, and except to ensure that the positions of chairman and 
     military executive of the Board continue to be filled, and to 
     ensure that the reserve components listed in paragraphs (1) 
     through (7) of section 10101 of title 10, United States Code, 
     continue to have representation, no appointment or 
     designation of a member of the Board may be made after such 
     date until the number of voting members of the Board is fewer 
     than 18. Once the number of voting members is fewer than 18, 
     vacancies in the Board membership shall be filled in 
     accordance with section 10301 of title 10, United States 
     Code, as amended by subsection (a).
       (c) 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 ``any reserve 
     component matter''.

     SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDICIAL 
                   REMEDIES FOR NATIONAL GUARD TECHNICIANS.

       (a) Elimination of Restricted Right of Appeal.--
       (1) Current restriction to adjutant general.--Subsection 
     (f) of section 709 of title 32, United States Code, is 
     amended by striking paragraph (4).
       (2) Stylistic and conforming amendments.--Such subsection 
     is further amended--
       (A) by striking the material preceding paragraph (1);
       (B) by capitalizing the first word in paragraphs (1), (2), 
     (3), and (5);
       (C) by striking the semicolon at the end of paragraphs (1), 
     (2), and (3) and inserting a period;
       (D) by redesignating paragraph (5) as paragraph (4); and
       (E) by adding at the end the following new paragraph:
       ``(5) This subsection shall be carried out under 
     regulations prescribed by the Secretary concerned.''.
       (b) Application of Certain Title 5 Provisions.--Section 
     709(g) of title 32, United States Code, is amended by 
     striking ``Sections 2108, 3502, 7511, and 7512'' and 
     inserting ``Section 2108''.
       (c) Application of Adverse Actions Subchapter.--Section 
     7511(b) of title 5, United States Code, is amended--
       (1) by striking paragraph (5); and
       (2) by redesignating paragraphs (6) through (10) as 
     paragraphs (5) through (9), respectively.

         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. CHANGES TO PROCESS INVOLVING PROMOTION BOARDS 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 in, or has served in, a joint duty 
     assignment;
       ``(B) is serving on, or has served on, the Joint Staff; or
       ``(C) 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 by striking ``in joint duty 
     assignments of officers who are serving, or have served, in 
     such assignments'' in subsections (b)(5) and (c) 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

[[Page H3919]]

       (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, 2012''.
       (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, 2012. 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. CORRECTION OF MILITARY RECORDS.

       (a) Improved Documentation of Correction Board Decisions.--
     Section 1552(a)(3) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) In establishing correction procedures under 
     subparagraph (A), the Secretary of a military department 
     shall require that a board established under subsection 
     (a)(1) present its findings and conclusions in an orderly and 
     itemized fashion, with specific attention given to each issue 
     presented by the claimant (or heir or representative) who 
     requested the correction. This requirement applies to a 
     request for correction received after the date of the 
     enactment of this subparagraph, both during initial 
     consideration of the request and upon subsequent 
     consideration due to appeal or other circumstances.''.
       (b) Improved Documentation of Review Board Decisions 
     Regarding Discharge or Dismissal.--Section 1553(b) of such 
     title is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In establishing review procedures for use by a board 
     established under this section, the Secretary of a military 
     department shall require that the board present its findings 
     and conclusions in an orderly and itemized fashion, with 
     specific attention given to each issue presented by the 
     person who requested the review. This requirement applies to 
     a request for review received after the date of the enactment 
     of this paragraph, both during initial consideration of the 
     request and upon subsequent consideration due to appeal or 
     other circumstances.''.
       (c) Boards Reviewing Retirement or Separation Without Pay 
     for Physical Disability.--
       (1) Members eligible to request review.--Subsection (a) of 
     section 1554 of such title is amended--
       (A) by striking ``an officer'' and inserting ``a member or 
     former member of the uniformed services''; and
       (B) by striking ``his case'' and inserting ``the member's 
     case''.
       (2) Improved documentation of board decisions.--Subsection 
     (b) of such section is amended--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) In establishing review procedures for use by a board 
     established under this section, the Secretary of a military 
     department shall require that the board present its findings 
     and conclusions in an orderly and itemized fashion, with 
     specific attention given to each issue presented by the 
     person who requested the review. This requirement applies to 
     a request for review received after the date of the enactment 
     of this paragraph, both during initial consideration of the 
     request and upon subsequent consideration due to appeal or 
     other circumstances.''.
       (d) 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. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY (DD FORM 214) TO SPECIFICALLY 
                   IDENTIFY A SPACE FOR INCLUSION OF EMAIL 
                   ADDRESS.

       The Secretary of Defense shall modify the Certificate of 
     Release or Discharge from Active Duty (DD Form 214) to 
     include a new Block, 19c., titled ``electronic mailing (e-
     mail) address after separation'' in order to permit a member 
     of the Armed Forces to include an email address at which the 
     member may be reached after the member's discharge or 
     release.

     SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE REVIEW OF 
                   MILITARY OCCUPATIONAL SPECIALTIES AVAILABLE TO 
                   FEMALE MEMBERS.

       (a) Findings.--Congress make the following findings:
       (1) Women are and have historically been an import part of 
     all United States war efforts, voluntarily serving in every 
     military conflict in United States history, including the 
     Revolutionary War.
       (2) Approximately 34,000 women served in the Armed Forces 
     in World War I, approximately 400,000 served in World War II, 
     approximately 120,000 served in the Korean War, over 7,000 
     served in the Vietnam War, and more than 41,000 served in the 
     first Gulf War.
       (3) Over 350,000 women serving in the Armed Forces make up 
     approximate 15 percent of all active duty personnel, 15 
     percent of Reserves, and 17 percent of the National Guard.
       (4) Over 225,349 women have served in Operation Iraqi 
     Freedom or Operation Enduring Freedom as members of the Armed 
     Forces.
       (5) At least 120 female members of the Armed Forces have 
     been killed in Iraq or Afghanistan, and, of the women killed, 
     66 were killed in combat.
       (6) The nature of war has changed in Iraq and Afghanistan, 
     and, despite the prohibition on female members of the Armed 
     Forces serving in combat, so has the role of female members 
     of the Armed Forces.
       (b) Official Recognition.--Congress--
       (1) honors women who have served, and women who are 
     currently serving, as members of the Armed Forces; and
       (2) encourages all people in the United States to recognize 
     the service and achievements of female members of the Armed 
     Forces and female veterans.
       (c) Reviews Required.--
       (1) Reviews; elements.--The Secretary of Defense shall 
     conduct a review of military occupational positions available 
     to female members of the Armed Forces for the purpose of 
     ensuring that female members have the maximum opportunity to 
     compete and excel in the Armed Forces. The Secretary of 
     Defense, in coordination with the Secretaries of the military 
     departments, also shall review the collocation policy and 
     other policies and regulations that restrict the service of 
     female members to determine whether changes are needed, 
     including legislative change, if necessary, to enhance the 
     ability of women to serve in the Armed Forces.
       (2) Submission of results.--Not later than February 1, 
     2011, the Secretary of Defense shall submit to the 
     congressional defense committee a report containing the 
     results of the reviews.

             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 military judge 
     detailed to a court-martial, a court of inquiry, the Court of 
     Appeals for the Armed Forces, a Court of Criminal Appeals, a 
     provost court, or a military commission (other than a 
     military commission established under chapter 47A of this 
     title) may punish for contempt any person who--
       ``(1) uses any menacing word, sign, or gesture in the 
     presence of the military 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 its lawful writ, process, order, 
     rule, decree, or command.
       ``(b) Punishment.--A person punished for contempt under 
     this section may be confined for not more than 30 days, fined 
     in an amount of not more than $1,000, or both.''.
       (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. LIMITATIONS ON USE IN PERSONNEL ACTION OF 
                   INFORMATION CONTAINED IN CRIMINAL INVESTIGATIVE 
                   REPORT OR IN INDEX MAINTAINED FOR LAW 
                   ENFORCEMENT RETRIEVAL AND ANALYSIS.

       (a) Limitations.--Chapter 53 of title 10, United States 
     Code, is amended by inserting after section 1034 the 
     following new section:

     ``Sec. 1034a. Criminal investigative report or index 
       maintained for law enforcement retrieval and analysis: 
       limitations on use in personnel actions

       ``(a) Prohibition on Use in Personnel Actions.--Except as 
     provided in subsection (b), information relating to the 
     titling or indexing of a member of the armed forces contained 
     in any criminal investigative report prepared by any entity 
     of the Department of Defense or index maintained by any 
     entity of the Department of Defense for the purpose of 
     potential retrieval and analysis by Department law 
     enforcement organizations may not be used in connection with 
     any personnel action involving the member.
       ``(b) Authorized Exceptions.--The prohibition in subsection 
     (a) does not preclude the use of information relating to the 
     titling or indexing of a member--

[[Page H3920]]

       ``(1) in connection with law enforcement activities;
       ``(2) in a judicial or administrative action involving the 
     member regarding the alleged offense referenced in the 
     criminal investigative report or index; or
       ``(3) in a personnel action if--
       ``(A) the member has been adjudged guilty of the alleged 
     offense referenced in the criminal investigative report or 
     index by military non-judicial or judicial proceedings or by 
     civilian judicial proceedings;
       ``(B) a record of the proceedings is presented in 
     connection with the personnel action; and
       ``(C) the member is provided the opportunity to present 
     additional information in response to the record of the 
     proceedings.
       ``(c) Definitions.--In this section:
       ``(1) Indexing.--The term `indexing' refers to the 
     procedure whereby a Department of Defense criminal 
     investigative agency submits identifying information 
     concerning subjects, victims, or incidentals of 
     investigations for addition to the Defense Clearance and 
     Investigations Index.
       ``(2) Titling.--The term `titling' refers to the process by 
     which a Department of Defense criminal investigative agency 
     places the name of a person in the title block of a criminal 
     investigative report at a time when the agency has credible 
     information that the person committed a criminal offense. The 
     titling, however, does not connote any degree of guilt or 
     innocence.
       ``(3) Personnel action.--The term `personnel action', with 
     respect to a member, means any recommendation, action, or 
     decision impacting or affecting any aspect of the military 
     service of the member.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1034 the following new item:

``1034a. Criminal investigative report or index maintained for law 
              enforcement retrieval and analysis: limitations on use in 
              personnel actions.''.

     SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR 
                   PARENTS WHO ARE MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

       (a) Child Custody Protection.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Restriction on Change of Custody.--If a motion for 
     change of custody of a child of a servicemember is filed 
     while the servicemember is deployed in support of a 
     contingency operation, no court may enter an order modifying 
     or amending any previous judgment or order, or issue a new 
     order, that changes the custody arrangement for that child 
     that existed as of the date of the deployment of the 
     servicemember, except that a court may enter a temporary 
     custody order if the court finds that it is in the best 
     interest of the child.
       ``(b) Completion of Deployment.--In any preceding covered 
     under subsection (a), a court shall require that, upon the 
     return of the servicemember from deployment in support of a 
     contingency operation, the custody order that was in effect 
     immediately preceding the date of the deployment of the 
     servicemember is reinstated, unless the court finds that such 
     a reinstatement is not in the best interest of the child, 
     except that any such finding shall be subject to subsection 
     (c).
       ``(c) Exclusion of Military Service From Determination of 
     Child's Best Interest.--If a motion for the change of custody 
     of the child of a servicemember is filed, no court may 
     consider the absence of the servicemember by reason of 
     deployment, or possibility of deployment, in determining the 
     best interest of the child.
       ``(d) No Federal Right of Action.--Nothing in this section 
     shall create a Federal right of action.
       ``(e) Preemption.--In any case where State or Federal law 
     applicable to a child custody proceeding under State or 
     Federal law provides a higher standard of protection to the 
     rights of the parent who is a servicemember than the rights 
     provided under this section, the State or Federal court shall 
     apply the State or Federal standard.
       ``(f) Contingency Operation Defined.--In this section, the 
     term `contingency operation' has the meaning given that term 
     in section 101(a)(13) of title 10, United States Code, except 
     that the term may include such other deployments as the 
     Secretary may prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title II the following new item:

``208. Child custody protection.''.

     SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC 
                   VIOLENCE PROGRAMS.

       (a) Immediate Actions Required.--
       (1) Entry of data into law enforcement systems.--The 
     Secretary of Defense shall ensure that all command actions 
     related to domestic violence incidents involving members of 
     the Army, Navy, Air Force, or Marine Corps are entered into 
     all Department of Defense law enforcement systems.
       (2) Issuance of family advocacy program guidance.--The 
     Secretary of Defense shall issue Department of Defense Family 
     Advocacy Program guidance.
       (b) 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 the domestic violence incidents 
     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, budgeting, and policy compliance.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report containing 
     the planned actions required under subsections (a) and (b).

     SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DEPARTMENT OF 
                   DEFENSE REPORT OF THE INDEPENDENT REVIEW 
                   RELATED TO FORT HOOD PERTAINING TO OVERSIGHT OF 
                   THE ALLEGED PERPETRATOR OF THE ATTACK.

       (a) Release Required.--Not later than 10 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall release publicly the restricted annex, described in 
     subsection (b), that was part of the January 2010 Department 
     of Defense Report of the Independent Review Related to Fort 
     Hood and the attack there on November 5, 2009.
       (b) Material Subject to Release; Exception.--The restricted 
     annex referred to in subsection (a) is the document described 
     on page 9 of the January 2010 Department of Defense Report of 
     the Independent Review Related to Fort Hood, which provided 
     the detailed findings, recommendations, and complete 
     supporting discussions of the Independent Review pertaining 
     to the oversight of the alleged perpetrator of the November 
     2009 attack. No part of the restricted annex shall be 
     exempted from public release, except--
       (1) materials that the Secretary of Defense determines may 
     imperil, if disclosed, any criminal investigation or 
     prosecution related to the attack; and
       (2) in accordance with section 1102 of title 10, United 
     States Code, the memorandum summarizing the results of the 
     medical quality assurance records relating to the care 
     provided patients by the alleged perpetrator of the attack.

      Subtitle F--Member Education and Training Opportunities and 
                             Administration

     SEC. 551. 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. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF THE 
                   MILITARY SERVICE ACADEMIES PARTICIPATING IN THE 
                   ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND 
                   FINANCIAL ASSISTANCE PROGRAM.

       (a) United States 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 the Armed 
     Forces Health Professions Scholarship and Financial 
     Assistance program under subchapter I of chapter 105 of this 
     title, the cadet will fulfill any unserved obligation 
     incurred under this section on active duty,

[[Page H3921]]

     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 the 
     program.''.
       (b) United States 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 the Armed 
     Forces Health Professions Scholarship and Financial 
     Assistance program under subchapter I of chapter 105 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 the program.''.
       (c) United States 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 the Armed 
     Forces Health Professions Scholarship and Financial 
     Assistance program under subchapter I of chapter 105 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 the program.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to appointments to the United States 
     Military Academy, the United States Naval Academy, and the 
     United States Air Force Academy beginning with the first 
     class of candidates nominated for appointment to these 
     military service academies after the date of the enactment of 
     this Act.

     SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON ADMISSION TO 
                   SERVICE ACADEMIES FOR CERTAIN ENLISTED MEMBERS 
                   WHO SERVED DURING OPERATION IRAQI FREEDOM OR 
                   OPERATION ENDURING FREEDOM.

       (a) Waiver Authority.--The Secretary of the military 
     department concerned may waive the maximum age limitation 
     specified in section 4346(a), 6958(a)(1), or 9346(a) of title 
     10, United States Code, for the admission of an enlisted 
     member of the Armed Forces to the United States Military 
     Academy, the United States Naval Academy, or the United 
     States Air Force Academy, if the member, otherwise satisfies 
     the eligibility requirements for admission to that academy, 
     and--
       (1) as a result of service on active duty in a theater of 
     operations for Operation Iraqi Freedom or Operation Enduring 
     Freedom, was or is prevented from being admitted to that 
     academy before the member reached the maximum age specified 
     in such sections; or
       (2) possesses an exceptional overall record that the 
     Secretary concerned determines sets the candidate apart from 
     all other candidates.
       (b) Limitation of Waiver.--
       (1) Maximum age.--A waiver may not be granted under 
     subsection (a) to a member of the Armed Forces described in 
     such subsection if the member would pass the member's twenty-
     sixth birthday by July 1 of the year in which the member 
     would enter the military service academy.
       (2) Maximum number.--No more than five members of the Armed 
     Forces may attend each of the military service academies at 
     any one time pursuant to a waiver granted under subsection 
     (a)(2).
       (c) Duration of Waiver Authority.--The authority to grant a 
     waiver under subsection (a) expires on September 30, 2015.

     SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPANDING 
                   ENROLLMENT AUTHORITY OF COMMUNITY COLLEGE OF 
                   THE AIR FORCE TO INCLUDE ADDITIONAL MEMBERS OF 
                   THE ARMED FORCES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report, prepared in consultation with the Secretary of the 
     Air Force, evaluating the feasibility and cost of authorizing 
     enlisted members of the Army, Navy, Marine Corps and Coast 
     Guard to enroll in Community College of the Air Force 
     programs offered under section 9315 of title 10, United 
     States Code.

               Subtitle G--Defense Dependents' Education

     SEC. 561. 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, 
     $50,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (a) of section 572 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3271; 20 U.S.C. 7703b).
       (b) Assistance to Schools With Enrollment Changes Due to 
     Base Closures, Force Structure Changes, or Force 
     Relocations.--Of the amount authorized to be appropriated for 
     fiscal year 2011 pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities, $15,000,000 shall be 
     available only for the purpose of providing assistance to 
     local educational agencies under subsection (b) of such 
     section 572.
       (c) Local Educational Agency Defined.--In this section, the 
     term ``local educational agency'' has the meaning given that 
     term in section 8013(9) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 562. 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) The Secretary may, at the discretion of the 
     Secretary, permit dependents of members of the armed forces 
     described in subparagraph (B) 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) in lieu of permanent living quarters on a military 
     installation; and
       ``(ii) the Secretary determines that the circumstances of 
     such living arrangements justify extending the enrollment 
     authority to include such dependents.
       ``(C) The Secretary shall prescribe regulations to ensure 
     consistent application of this paragraph.''.

          Subtitle H--Decorations, Awards, and Commemorations

     SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN 
                   RESPONSE TO REVIEW OF PROPOSAL FOR AWARD OF A 
                   MEDAL OF HONOR NOT PREVIOUSLY SUBMITTED IN 
                   TIMELY FASHION.

       Section 1130(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) If a determination under this section includes a 
     favorable recommendation for the award of the Medal of Honor, 
     submission of the detailed discussion of the rationale 
     supporting the determination shall be made through the 
     Secretary of Defense.''.

     SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF SPOUSES OF 
                   MEMBERS OF THE ARMED FORCES.

       (a) Establishment and Presentation of Lapel Buttons.--
     Chapter 57 of title 10, United States Code, is amended by 
     inserting after section 1126 the following new section:

     ``Sec. 1126a. Spouse of combat veteran lapel button: 
       eligibility and presentation

       ``(a) Design and Eligibility.--A lapel button, to be known 
     as the spouse-of-a-combat-veteran lapel button, shall be 
     designed, as approved by the Secretary of Defense, to 
     identify and recognize the spouse of a member of the armed 
     forces who is serving or has served in a combat zone for a 
     period of more than 30 days.
       ``(b) Presentation.--The Secretary concerned may authorize 
     the use of appropriated funds to procure spouse-of-a-combat-
     veteran lapel buttons and to provide for their presentation 
     to eligible spouses of members.
       ``(c) Exception to Time Period Requirement.--The 30-day 
     periods specified in subsections (a) and (b) do not apply if 
     the member is killed or wounded in the combat zone before the 
     expiration the period.
       ``(d) License To Manufacture and Sell Lapel Buttons.--
     Section 901(c) of title 36 shall apply with respect to the 
     spouse-of-a-combat-veteran lapel button authorized by this 
     section.
       ``(e) Combat Zone Defined.--In this section, the term 
     `combat zone' has the meaning given that term in section 
     112(c)(2) of the Internal Revenue Code of 1986.
       ``(f) Regulations.--The Secretary of Defense shall issue 
     such regulations as may be necessary to carry out this 
     section. The Secretary shall ensure that the regulations are 
     uniform for each armed force to the extent practicable.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1126 the following new item:

``1126a. Spouse-of-a-combat-veteran lapel button: eligibility and 
              presentation.''.
       (c) Implementation.--It is the sense of Congress that, as 
     soon as practicable once the spouse-of-a-combat-veteran lapel 
     button become available, the Secretary of Defense--
       (1) should widely announce the availability of spouse-of-a-
     combat-veteran lapel buttons through military and public 
     information channels; and
       (2) should encourage commanders at all levels to conduct 
     ceremonies recognizing the support provided by spouses of 
     members of the Armed Forces and to use the ceremonies as an 
     opportunity for members to present their spouses with a 
     spouse-of-a-combat-veteran lapel button.

     SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF CHILDREN OF 
                   MEMBERS OF THE ARMED FORCES.

       (a) Establishment and Presentation of Lapel Buttons.--
     Chapter 57 of title 10, United States Code, is amended by 
     inserting after section 1126a, as added by section 572, the 
     following new section:

     ``Sec. 1126b. Children of members commemorative lapel button: 
       eligibility and presentation

       ``(a) Design and Eligibility.--A lapel button, to be known 
     as the children of military service members commemorative 
     lapel button, shall be designed, as approved by the Secretary 
     of Defense, to identify and recognize an eligible child 
     dependent of a member of the armed forces who serves on 
     active duty for a period of more than 30 days.
       ``(b) Presentation.--The Secretary concerned may authorize 
     the use of appropriated funds to

[[Page H3922]]

     procure children of military service members commemorative 
     lapel buttons and to provide for their presentation to 
     eligible child dependents.
       ``(c) License To Manufacture and Sell Lapel Buttons.--
     Section 901(c) of title 36 shall apply with respect to the 
     children of military service members commemorative lapel 
     button authorized by this section.
       ``(d) Eligible Child Dependent Defined.--In this section, 
     the term `eligible child dependent' means a dependent of a 
     member of the armed forces described in subparagraph (D) or 
     (I) of section 1072(2) of this title.
       ``(e) Regulations.--The Secretary of Defense shall issue 
     such regulations as may be necessary to carry out this 
     section. The Secretary shall ensure that the regulations are 
     uniform for each armed force to the extent practicable.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1126a the following new item:

``1126b. Children of members commemorative lapel button: eligibility 
              and presentation.''.
       (c) Implementation.--It is the sense of Congress that, as 
     soon as practicable once the children of military service 
     members commemorative lapel button become available, the 
     Secretary of Defense--
       (1) should widely announce the availability of children of 
     military service members commemorative lapel buttons through 
     military and public information channels; and
       (2) should encourage commanders at all levels to conduct 
     ceremonies recognizing the support provided by children of 
     members of the Armed Forces and to use the ceremonies as an 
     opportunity for members to present their children with a 
     children of military service members commemorative lapel 
     button.

     SEC. 574. 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. 575. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO 
                   PARTICIPATED IN MAYAGUEZ RESCUE OPERATION.

       (a) In General.--The Secretary of the military department 
     concerned shall, upon the application of an individual who is 
     an eligible veteran, award that individual the Vietnam 
     Service Medal, notwithstanding any otherwise applicable 
     requirements for the award of that medal. Any such award 
     shall be made in lieu of any Armed Forces Expeditionary Medal 
     awarded the individual for the individual's participation in 
     the Mayaguez rescue operation.
       (b) Eligible Veteran.--For purposes of this section, the 
     term ``eligible veteran'' means a member or former member of 
     the Armed Forces who was awarded the Armed Forces 
     Expeditionary Medal for participation in military operations 
     known as the Mayaguez rescue operation of May 12-15, 1975.

     SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO 
                   CERTAIN MEMBERS OF THE ARMY FOR ACTS OF VALOR 
                   DURING THE CIVIL WAR, KOREAN WAR, OR 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 
     President is authorized to award the Medal of Honor under 
     section 3741 of such title to the following former members of 
     the Army for conspicuous acts of gallantry and intrepidity at 
     the risk of their life and beyond the call of duty, as 
     described in subsection (b):
       (1) First Lieutenant Alonzo H. Cushing, Civil War.
       (2) Private John A. Sipe, Civil War.
       (3) Chaplain (Captain) Emil J. Kapaun, Korean War.
       (4) Specialist Four Robert L. Towles, Vietnam War.
       (b) Acts of Valor Described.--
       (1) First lieutenant alonzo h. cushing.--In the case of 
     First Lieutenant Alonzo H. Cushing, the acts of valor 
     referred to in subsection (a) are the actions of then First 
     Lieutenant Alonzo H. Cushing while in command of Battery A, 
     4th United States Artillery, Army of the Potomac, at 
     Gettysburg, Pennsylvania, on July 3, 1863, during the 
     American Civil War.
       (2) Private john a. sipe.--In the case of Private John A. 
     Sipe, the acts of valor referred to in subsection (a) are the 
     actions of then Private John A. Sipe of Company I of the 
     205th Regiment Pennsylvania Volunteers, part of the 2d 
     Brigade, 3d Division, 9th Corps, Army of the Potomac, on 
     March 25, 1865, during the American Civil War.
       (3) Chaplain emil j. kapaun.--In the case of Chaplain 
     (Captain) Emil J. Kapaun, the acts of valor referred to in 
     subsection (a) are the actions of Chaplain Emil J. Kapaun of 
     3d Battalion, 8th Cavalry Regiment, 1st Cavalry Division 
     during the Battle of Unsan on November 1 and 2, 1950, and 
     while a prisoner of war until his death on May 23, 1952, 
     during the Korean War.
       (4) Specialist four robert l. towles.--In the case of 
     Specialist Four Robert L. Towles, the acts of valor referred 
     to in subsection (a) are the actions of then Specialist Four 
     Robert L. Towles of Company D, 2d Battalion, 7th Cavalry, 1st 
     Cavalry Division on November 17, 1965, during the Vietnam War 
     for which he was originally awarded the Bronze Star with 
     ``V'' Device.

     SEC. 577. 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, 173d Airborne Brigade during an 
     engagement with a regimental-size enemy force in Bin Dinh 
     Province, South Vietnam.

     SEC. 578. 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 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 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 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 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.

[[Page H3923]]

       (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 
     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 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 
     may provide for reimbursement of incidental expenses incurred 
     by a person providing voluntary services under this 
     subsection. The Secretary 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 MEMBER 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) 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.''.
       (c) 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. 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.''.

     SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DEVELOPMENT 
                   COUNSELING FOR MILITARY SPOUSES.

       (a) Pilot Program Required.--Section 1784a of title 10, 
     United States Code, is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Personalized Career Development Counseling.--
       ``(1) Pilot program required.--The Secretary of Defense 
     shall conduct a pilot program designed to provide 
     personalized career development counseling to the spouses of 
     members of the armed forces eligible for assistance under 
     this section, including  the development of strategies, step-
     by-step guidelines, and customizable milestones--
       ``(A) to promote a comprehensive, introspective review of 
     personal skills, experience, goals, and requirements with a 
     view to developing a personalized plan for career 
     development;
       ``(B) to identify career options that are portable, 
     personally rewarding, and compatible with personal strengths, 
     skills, and experience;
       ``(C) to instruct and encourage the use of sound personal 
     and professional management practices; and
       ``(D) to plan career attainment progression objectives and 
     measure progress.
       ``(2) Incentives to fill critical civilian specialties.--In 
     conducting the pilot program, the Secretary shall consider 
     methods to provide incentives for program participants to 
     fill critical civilian specialties needed in the Department 
     of Defense, including the following:
       ``(A) Mental health and other health care.
       ``(B) Social work.
       ``(C) Family welfare.
       ``(D) Contract and acquisition management.
       ``(E) Personal financial management.
       ``(F) Day care services.
       ``(G) Education.
       ``(H) Military resale system.
       ``(I) Morale, welfare and recreation activities.
       ``(J) Law enforcement.
       ``(3) Process reviews.--The Secretary shall include in the 
     pilot program a periodic review, to be conducted by 
     counselors, of progress made by participants to determine if 
     changes to personal career strategies may be necessary.
       ``(4) Number of participants.--The Secretary of Defense 
     shall enroll at least 75 military spouses in the pilot 
     program, but not more than 150 military spouses.
       ``(5) Geographic coverage of pilot program.--The pilot 
     program shall be conducted in at least three separate 
     geographic areas, as determined by the Secretary of Defense.
       ``(6) Counselors.--The Secretary of Defense may enter into 
     contracts with career counselors to provide counseling 
     services under the pilot program. There shall be at least one 
     counselor in each of the geographic areas of the pilot 
     program.
       ``(7) Annual evaluation.--The Secretary of Defense shall 
     conduct an annual evaluation of the pilot program to 
     determine the following:
       ``(A) The effectiveness of the pilot program in improving 
     the ability of participants to identify, develop, and obtain 
     employment in portable career fields.
       ``(B) The self-reported levels of professional satisfaction 
     of participants.
       ``(C) The quality of careers selected and pursued.
       ``(D) The rates of success--
       ``(i) as determined and evaluated by participants; and
       ``(ii) as determined by the Secretary.
       ``(8) Annual report.--
       ``(A) Report required.--The Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives an annual report containing--
       ``(i) the results of the most-recent annual evaluation 
     conducted under paragraph (7); and
       ``(ii) the matters required by subparagraph (B).
       ``(B) Contents.--Each report under this paragraph shall 
     contain, at a minimum, the following:
       ``(i) The number of participants in the pilot program.
       ``(ii) Recommendations for adjustments to the pilot 
     program.
       ``(iii) Recommendations for extending the pilot program or 
     implementing a permanent comprehensive career development for 
     military spouses.
       ``(C) Time for submission.--The first report under this 
     subsection shall be submitted not later than one year after 
     the date of the commencement of counseling services under the 
     pilot program. Subsequent reports shall be submitted for each 
     year of the pilot program, with the final report being 
     submitted not later than 90 days after the termination of the 
     pilot program.
       ``(9) Termination.--The pilot program shall terminate at 
     the end of the three-year period beginning on the date on 
     which the Secretary of Defense notifies the Committees on 
     Armed Services of the Senate and the House of Representatives 
     of the commencement of counseling services under the pilot 
     program.''.
       (b) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Committees on Armed Services of the Senate 
     and the House of Representatives a plan to implement the 
     pilot program under subsection (d) of section 1784a of title 
     10, United States Code, as added by subsection (a).

     SEC. 584. 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:

[[Page H3924]]

       ``(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 110-84; 
     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. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUPPORT FOR 
                   MILITARY FAMILIES WITH SPECIAL NEEDS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Office of Community Support for Military Families with 
     Special Needs, as established pursuant to section 1781c of 
     title 10, United States Code, as added by section 563 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2304), is the best structure--
       (1) to determine what medical, educational, and other 
     support services are required by military families with 
     children who have a medical or educational special need; and
       (2) to ensure that those services are made available to 
     military families with special needs.
       (b) Specific Budgeting for Office.--Effective with the 
     Program Objective Memorandum to be issued for fiscal year 
     2012 and thereafter and containing recommended programming 
     and resource allocations for the Department of Defense, the 
     Secretary of Defense shall specifically address the Office of 
     Community Support for Military Families with Special Needs to 
     ensure that a separate line of funding is allocated to the 
     Office.

     SEC. 586. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
                   OFFICE OF COMMUNITY SUPPORT FOR MILITARY 
                   FAMILIES WITH SPECIAL NEEDS.

       (a) Report Required.--The Comptroller General of the United 
     States shall prepare a report identifying--
       (1) the progress made in implementing the Office of 
     Community Support for Military Families with Special Needs, 
     as established pursuant to section 1781c of title 10, United 
     States Code, as added by section 563 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2304);
       (2) the policies governing the operation of the Office; and
       (3) any gaps that still exist in ensuring that members of 
     the Armed Forces who have dependents with special needs 
     receive the support and services they deserve.
       (b) Elements of Report.--In the report required by 
     subsection (a), the Comptroller General shall specifically 
     address the following:
       (1) The implementation of the responsibilities and duties 
     assigned to the Office of Community Support for Military 
     Families With Special Needs pursuant to subsections (d), (e), 
     and (f) of section 1781c of title 10, United States Code.
       (2) The manner in which the Department of Defense and the 
     military departments intend to ensure that feedback is 
     provided to the Office of Community Support for Military 
     Families With Special Needs to ensure that the services and 
     policy put in place are appropriate.
       (c) Recommendations.--The Comptroller General shall include 
     in the report required by subsection (a) specific 
     recommendations on the establishment, reporting requirements, 
     internal monitoring, and oversight of the Office of Community 
     Support for Military Families With Special Needs by the Under 
     Secretary of Defense for Personnel and Readiness to ensure 
     that the mission of the Office is being accomplished.
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     the report required by subsection (a) to the congressional 
     defense committees.

     SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEPTIONAL FAMILY 
                   MEMBER PROGRAM.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall conduct an assessment of the Exceptional 
     Family Member Program of the Department of Defense to review 
     the operation of the program in each of the Armed Forces, 
     including program policies, best practices, execution, 
     implementation and strategic planning, to determine program 
     variances and to make recommendations to improve and 
     standardize program effectiveness and support for members of 
     the Armed Forces who have dependents with special needs.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report containing 
     the results of the assessment and review under subsection 
     (a).

     SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE 
                   MILITARY SPOUSE EMPLOYMENT PROGRAMS.

       (a) Comptroller General Review.--The Comptroller General of 
     the United States shall carry out a review of all Department 
     of Defense spouse employment programs.
       (b) Elements of Review.--At a minimum, the review shall 
     address the following:
       (1) The efficacy and effectiveness of Department of Defense 
     spouse employment programs.
       (2) All current Department of Defense programs that are in 
     place to support military spouses or dependents for the 
     purposes of employment assistance.
       (3) The types of military spouse employment programs that 
     have been considered or used in the past by the Department of 
     Defense.
       (4) The ways in which military spouse employment programs 
     have changed in recent years.
       (5) The benefits or programs that are specifically 
     available to support military spouses of members of the Armed 
     Forces serving in Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (6) The existing feedback mechanisms available for military 
     spouses to express their views on the effectiveness and 
     future direction of relevant Department of Defense programs 
     and policies.
       (7) The degree of oversight provided by the Office of 
     Personnel and Management regarding military spouse 
     preferences.
       (c) Submission of Results.--Not later than March 1, 2011, 
     the Comptroller General shall submit to the congressional 
     defense committees a report containing--
       (1) the results of the review;
       (2) the assumptions upon which the review was based and the 
     validity and completeness of such assumptions; and
       (3) such recommendations as the Comptroller General 
     considers necessary for improving Department of Defense 
     spouse employment programs.

     SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY SPOUSE 
                   EDUCATION PROGRAMS.

       (a) Review Required.--The Secretary of Defense shall carry 
     out a review of all Department of Defense education programs 
     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 current Department of Defense programs that are in 
     place to advance military spouse education opportunities.
       (2) The efficacy and effectiveness of Department of Defense 
     spouse education programs.
       (3) The effect that a lack military spouse education 
     opportunities has on the ability to retain members of the 
     Armed Forces.
       (4) A comparison of the costs associated with providing 
     military spouse education opportunities 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 Department of Defense spouse 
     education programs.

                       Subtitle J--Other Matters

     SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS' TRAINING 
                   CORPS UNITS FOR STUDENTS IN GRADES ABOVE SIXTH 
                   GRADE.

       Section 2031 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g)(1) In addition to units of the Junior Reserve 
     Officers' Training Corps established at public and private 
     secondary educational institutions under subsection (a), the 
     Secretary of each military department may carry out a pilot 
     program to establish and support units at public and private 
     educational institutions that are not secondary educational 
     institutions to permit the enrollment of students in the 
     Corps who, notwithstanding the limitation in subsection 
     (b)(1), are in a grade above the sixth grade. Under the pilot 
     program, the Secretary may authorize a course of military 
     instruction of not less than two academic years' duration, 
     notwithstanding subsection (b)(3).
       ``(2) Except as provided in paragraph (1), a unit of the 
     Junior Reserve Officers' Training Corps established and 
     supported under the pilot program must meet the requirements 
     of this section.
       ``(3) The Secretary of the military department concerned 
     shall conduct a review of the pilot program. The review shall 
     include an evaluation of what impacts, if any, the pilot 
     program may have on the operation of the Junior Reserve 
     Officers' Training Corps in secondary educational 
     institutions.''.

     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''.

[[Page H3925]]

     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. 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. 595. 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''.

     SEC. 596. ENHANCED 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.--
       (1) Codification and expansion.--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 
     (c).
       ``(B) A civilian employee of the Department of Defense or 
     Coast Guard described in subsection (d).
       ``(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 
     apply uniformly to all elements of the Department of Defense 
     and, to the maximum extent feasible, to the Coast Guard.
       ``(b) Exception to Gift Ban.--A member of the armed forces 
     described in subsection (c) and a civilian employee described 
     in subsection (d) may accept gifts as provided in the 
     regulations issued under subsection (a) notwithstanding 
     section 7353 of title 5.
       ``(c) 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;
       ``(2) in an operation or area designated as a combat 
     operation or a combat zone by the Secretary of Defense in 
     accordance with the regulations issued under subsection (a); 
     or
       ``(3) under other circumstances determined by the Secretary 
     concerned to warrant treatment analogous to members covered 
     by paragraph (1) or (2).
       ``(d) 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), (2), or (3) of subsection (c).
       ``(e) 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.''.
       (2) 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.''.

       (b) Repeal of Superceded Provision.--Section 8127 of the 
     Department of Defense Appropriations Act, 2006 (division A of 
     Public Law 109-148; 119 Stat. 2730; 10 U.S.C. 2601 note 
     prec.) is repealed.
       (c) Application of Existing Regulations.--Pending the 
     issuance of the regulations required by subsection (a) of 
     section 2601a of title 10, United States Code, as added by 
     subsection (a), the regulations prescribed under section 8127 
     of the Department of Defense Appropriations Act, 2006 
     (division A of Public Law 109-148; 119 Stat. 2730; 10 U.S.C. 
     2601 note prec.) shall apply to the acceptance of gifts under 
     such section 2601a.
       (d) Retroactive Applicability of Regulations.--The 
     regulations issued under subsection (a) of section 2601a of 
     title 10, United States Code, as added by subsection (a), 
     shall, to the extent provided in such regulations, also apply 
     to the acceptance of gifts during the period beginning on 
     September 11, 2001, and ending on the date on which such 
     regulations go into effect.

     SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS OF 
                   TRANSITION ASSISTANCE PROGRAM.

       (a) Report Required.--The Secretary of Defense shall 
     prepare a report on the Transition Assistance Program of the 
     Department of Defense.
       (b) Elements.--The report shall include the following:
       (1) A statement and analysis of the rates of post-
     separation employment rates compared with the general 
     population annually since September 11, 2001.
       (2) A chronological summary of the evolution and 
     development of the Transition Assistance Program since 
     September 11, 2001.
       (3) A description of efforts to transform the Transition 
     Assistance Program from one of end-of-service transition to a 
     life-cycle model, in which transition is considered 
     throughout the career of a member of the Armed Forces.
       (4) An analysis of current and future challenges members 
     continue to face upon entering the civilian work force, 
     including a survey of the following individuals and 
     organizations to identify strengths and shortcomings in the 
     Transition Assistance Program:
       (A) A representational population of transitioning or 
     recently separated members.
       (B) Employers with a track record of employing retired or 
     separating members.
       (C) Veterans service organizations and advocacy groups.
       (5) Any recommendations, including recommendations for 
     legislative action, that the Secretary of Defense considers 
     appropriate to improve the organization, policies, 
     consistency

[[Page H3926]]

     of quality, and efficacy of the Transition Assistance 
     Program.
       (c) Consultation.--The Secretary of Defense shall prepare 
     the report in consultation with the Secretary of Labor.
       (d) Submission of Report.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit the report to the Committees on Armed 
     Services of the Senate and the House of Representatives.

     SEC. 598. SENSE OF CONGRESS REGARDING ASSISTING MEMBERS OF 
                   THE ARMED FORCES TO PARTICIPATE IN 
                   APPRENTICESHIP PROGRAMS.

       (a) Findings.--Congress makes the following findings:
       (1) Some members of the Armed Forces who are separated or 
     released from active duty are having difficulty finding 
     employment after their separation or release.
       (2) Some members who have served for long periods on active 
     duty have the additional difficulty of translating their 
     military experience into skill sets for civilian employment.
       (3) Apprenticeship programs bring immense value to the 
     American workforce and to individuals who participate in such 
     programs.
       (4) Apprenticeship programs assist in the building of 
     resumes and skills of participants and help connect 
     participants with employers and job opportunities.
       (5) Military units returning from deployment often operate 
     at a reduced readiness status, which would allow members who 
     are assigned to the unit, but who are in the process of being 
     separated or released from active duty, to be available to 
     participate in apprenticeship programs.
       (b) Sense of Congress.--It is the sense of Congress that 
     commanders of units of the Armed Forces should make every 
     effort to permit members of the Armed Forces who are assigned 
     to the unit, but who are in the process of being separated or 
     released from active duty, to participate in an 
     apprenticeship program that is registered under the Act of 
     Aug. 16, 1937 (commonly known as the National Apprenticeship 
     Act; 29 U.S.C. 50 et seq.).
       (c) Armed Forces Defined.--In this section, the term 
     ``Armed Forces'' means the Army, Navy, Air Force, and Marine 
     Corps.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

     SEC. 601. FISCAL YEAR 2011 INCREASE IN MILITARY BASIC PAY.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2011 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2011, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 1.9 percent.

     SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES 
                   WHEN ONE OR BOTH MEMBERS ARE ON SEA DUTY.

       (a) In General.--Subparagraph (C) of section 403(f)(2) of 
     title 37, United States Code, is amended to read as follows:
       ``(C) Notwithstanding section 421 of this title, a member 
     of a uniformed service in a pay grade below pay grade E-6 who 
     is assigned to sea duty and is married to another member of a 
     uniformed service is entitled to a basic allowance for 
     housing subject to the limitations of subsection (e).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on January 1, 2011.

     SEC. 603. ALLOWANCES FOR PURCHASE OF REQUIRED UNIFORMS AND 
                   EQUIPMENT.

       (a) Initial Allowance for Officers.--Section 415 of title 
     37, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively;
       (B) by inserting ``Allowance for Officers in the Armed 
     Forces.--(1)'' after ``(a)'';
       (C) by striking ``$400'' and inserting ``$500''; and
       (D) by adding at the end the following new paragraph:
       ``(2) The Secretary of a military department, with the 
     approval of the Secretary of Defense, may increase the 
     maximum amount of the allowance specified in paragraph (1) 
     for officers of an armed force under the jurisdiction of the 
     Secretary. The Secretary of Homeland Security, in the case of 
     the Coast Guard when it is not operating as a service in the 
     Navy, may increase the maximum amount of the allowance 
     specified in paragraph (1) for officers of the Coast 
     Guard.'';
       (2) in subsection (b), by inserting ``Exception.--'' after 
     ``(b)''; and
       (3) in subsection (c)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking ``An allowance of $250'' and inserting 
     ``Public Health Service Allowance.--(1) An allowance of 
     $300''; and
       (C) by inserting ``(2)'' before ``An officer''.
       (b) Additional Allowances.--Section 416 of such title is 
     amended--
       (1) in subsection (a), by striking ``$200'' and inserting 
     ``$250''; and
       (2) in subsection (b)(1), by striking ``$400'' and 
     inserting ``$500''.

     SEC. 604. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.

       (a) Increase.--Section 427(a)(1) of title 37, United States 
     Code, is amended by striking ``$250'' and inserting ``$285''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall take effect on October 1, 2010, and 
     apply with respect to months beginning on or after that date.

     SEC. 605. ONE-TIME SPECIAL COMPENSATION FOR TRANSITION OF 
                   ASSISTANTS PROVIDING AID AND ATTENDANCE CARE TO 
                   MEMBERS OF THE UNIFORMED SERVICES WITH 
                   CATASTROPHIC INJURIES OR ILLNESSES.

       (a) Transition Compensation Authorized.--Section 439 of 
     title 37, United States Code, is amended--
       (1) by redesignating subsections (e) through (h) as 
     subsections (f) through (i), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) One-time Transitional Compensation Authorized.--In 
     addition to monthly special compensation payable under 
     subsection (a), the Secretary concerned may pay to a member 
     eligible for monthly special compensation a one-time payment 
     of not more than $3,500 for the transition of assistants 
     providing aid and attendance care to the member as described 
     in subsection (b)(2).''.
       (b) Conforming and Clerical Amendments.--Such section is 
     further amended--
       (1) in subsection (c), by inserting ``of Monthly 
     Compensation'' after ``Amount'';
       (2) in subsection (d), by inserting ``of Monthly 
     Compensation'' after ``Duration''; and
       (3) in subsection (f), as redesignated by subsection 
     (a)(1), by striking ``Monthly special compensation payable to 
     a member under this section'' and inserting ``Special 
     compensation paid to a member under subsection (a) or (e)''.

     SEC. 606. EXPANSION OF DEFINITION OF SENIOR ENLISTED MEMBER 
                   TO INCLUDE SENIOR ENLISTED MEMBER SERVING 
                   WITHIN A COMBATANT COMMAND.

       (a) Basic Pay.--On and after January 1, 2011, for purposes 
     of establishing the rates of monthly basic pay for members of 
     the uniformed services, the senior enlisted member of the 
     Armed Forces serving within a combatant command (as defined 
     in section 161(c) of title 10, United States Code) shall be 
     treated in the same manner as the Sergeant Major of the Army, 
     Master Chief Petty Officer of the Navy, Chief Master Sergeant 
     of the Air Force, Sergeant Major of the Marine Corps, Master 
     Chief Petty Officer of the Coast Guard, and Senior Enlisted 
     Advisor to the Chairman of the Joint Chiefs of Staff.
       (b) Rate of Basic Pay Used to Determine Retired Pay Base.--
     Section 1406(i)(3)(B) of title 10, United States Code, is 
     amended by adding at the end the following new clause:
       ``(vii) Senior enlisted member serving within a combatant 
     command (as defined in section 161(c) of this title).''.
       (c) Pay During Terminal Leave and While Hospitalized.--
     Section 210(c) of title 37, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(7) The senior enlisted member serving within a combatant 
     command (as defined in section 161(c) of title 10).''.

     SEC. 607. 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 member of a reserve component who is otherwise 
     entitled to a payment under this section is not entitled to 
     the payment for any month during which the member is also a 
     civilian employee of the Federal Government 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.

[[Page H3927]]

       (2) Section 16302(d), relating to repayment of education 
     loans for certain health professionals who serve in the 
     Selected Reserve.
       (b) Title 37 Authorities.--The following sections of title 
     37, United States Code, are amended by striking ``December 
     31, 2010'' and inserting ``December 31, 2011'':
       (1) Section 302c-1(f), relating to accession and retention 
     bonuses for psychologists.
       (2) Section 302d(a)(1), relating to accession bonus for 
     registered nurses.
       (3) Section 302e(a)(1), relating to incentive special pay 
     for nurse anesthetists.
       (4) Section 302g(e), relating to special pay for Selected 
     Reserve health professionals in critically short wartime 
     specialties.
       (5) Section 302h(a)(1), relating to accession bonus for 
     dental officers.
       (6) Section 302j(a), relating to accession bonus for 
     pharmacy officers.
       (7) Section 302k(f), relating to accession bonus for 
     medical officers in critically short wartime specialties.
       (8) Section 302l(g), relating to accession bonus for dental 
     specialist officers in critically short wartime specialties.

     SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
                   AUTHORITIES FOR NUCLEAR OFFICERS.

       The following sections of title 37, United States Code, are 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011'':
       (1) Section 312(f), relating to special pay for nuclear-
     qualified officers extending period of active service.
       (2) Section 312b(c), relating to nuclear career accession 
     bonus.
       (3) Section 312c(d), relating to nuclear career annual 
     incentive bonus.

     SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
                   37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
                   BONUS AUTHORITIES.

       The following sections of title 37, United States Code, are 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011'':
       (1) Section 331(h), relating to general bonus authority for 
     enlisted members.
       (2) Section 332(g), relating to general bonus authority for 
     officers.
       (3) Section 333(i), relating to special bonus and incentive 
     pay authorities for nuclear officers.
       (4) Section 334(i), relating to special aviation incentive 
     pay and bonus authorities for officers.
       (5) Section 335(k), relating to special bonus and incentive 
     pay authorities for officers in health professions.
       (6) Section 351(i), relating to hazardous duty pay.
       (7) Section 352(g), relating to assignment pay or special 
     duty pay.
       (8) Section 353(j), relating to skill incentive pay or 
     proficiency bonus.
       (9) Section 355(i), relating to retention incentives for 
     members qualified in critical military skills or assigned to 
     high priority units.

     SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO 
                   PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL 
                   PAYS.

       The following sections of chapter 5 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.

     SEC. 617. TREATMENT OF OFFICERS TRANSFERRING BETWEEN ARMED 
                   FORCES FOR RECEIPT OF AVIATION CAREER SPECIAL 
                   PAY.

       Section 301b of title 37, United States Code, is amended--
       (1) by redesignating subsections (h), (i), and (j) as 
     subsections (i), (j), and (k), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h) Treatment of Officers Transferring From One Armed 
     Force to Another.--(1) An officer who transfers from one 
     armed force to another armed force shall receive the same 
     compensation under this section as other officers in that 
     armed force with the same number of years of aviation service 
     performing similar aviation duties in the same weapon system, 
     notwithstanding any additional active duty service obligation 
     incurred as a result of the transfer.
       ``(2) Until December 31, 2015, the Secretary concerned 
     shall continue, regardless of the number of years of aviation 
     service of an officer, to pay compensation under this section 
     to an officer who transferred or transfers from one armed 
     force to an armed force under the jurisdiction of the 
     Secretary concerned until the officer receives the same 
     number of years of benefits as officers in that armed force 
     with the same number of years of aviation service performing 
     similar aviation duties in the same weapon system. In 
     calculating the years of benefits received, the Secretary 
     concerned shall include any year during which the officer 
     received compensation under this section before the transfer.
       ``(3) An officer may not receive compensation under 
     paragraph (2) for any period during which the officer is not 
     qualified for compensation under subsection (b).''.

     SEC. 618. INCREASE IN MAXIMUM AMOUNT OF SPECIAL PAY FOR DUTY 
                   SUBJECT TO HOSTILE FIRE OR IMMINENT DANGER OR 
                   FOR DUTY IN FOREIGN AREA DESIGNATED AS AN 
                   IMMINENT DANGER AREA.

       (a) Special Pay for Duty Subject to Hostile Fire or 
     Imminent Danger.--Section 310(b)(1) of title 37, United 
     States Code, is amended by striking ``$225 a month'' and 
     inserting ``$260 a month''.
       (b) Hazardous Duty Pay.--Section 351(b)(3) of such title is 
     amended by striking ``$250 per month'' and inserting ``$260 
     per month''.
       (c) Application of Amendments.--The amendments made by this 
     section shall take effect on October 1, 2010, and apply with 
     respect to months beginning on or after that date.

     SEC. 619. SPECIAL PAYMENT TO MEMBERS OF THE ARMED FORCES AND 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE 
                   KILLED OR WOUNDED IN ATTACKS DIRECTED AT 
                   MEMBERS OR EMPLOYEES OUTSIDE OF COMBAT ZONE, 
                   INCLUDING THOSE KILLED OR WOUNDED IN CERTAIN 
                   2009 ATTACKS.

       (a) Treatment of Members and Civilians Killed or Wounded in 
     Certain 2009 Attacks.--
       (1) Treatment.--For purposes of all applicable Federal 
     laws, regulations, and policies, a member of the Armed Forces 
     or civilian employee of the Department of Defense who was 
     killed or wounded in an attack described in paragraph (2) 
     shall be deemed as follows:
       (A) In the case of a member, to have been killed or wounded 
     in a combat zone as the result of an act of an enemy of the 
     United States.
       (B) In the case of a civilian employee of the Department of 
     Defense, to have been killed or wounded as the result of an 
     act of an enemy of the United States while serving with the 
     Armed Forces in a contingency operation.
       (2) Attacks described.--Paragraph (1) applies to--
       (A) the attack that occurred at Fort Hood, Texas, on 
     November 5, 2009; and
       (B) the attack that occurred at a recruiting station in 
     Little Rock, Arkansas, on June 1, 2009.
       (3) Exception.--Paragraph (1) shall not apply to a member 
     of the Armed Forces or a civilian employee of the Department 
     of Defense whose death or wound as described in paragraph (1) 
     is the result of the misconduct of the member or employee, as 
     determined by the Secretary of Defense.
       (b) New Special Payment.--
       (1) In general.--Chapter 17 of title 37, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 911. Special payment to members of the armed forces 
       and civilian employees of the Department of Defense killed 
       or wounded in attacks directed at members or employees 
       outside of combat zone

       ``(a) Special Payment Required.--The Secretary of Defense 
     shall pay to a member of the armed forces or a civilian 
     employee of the Department of Defense who is wounded in an 
     attack under the circumstances described in subsection (b), 
     or to an eligible survivor if the member or employee is 
     killed in the attack or dies from wounds sustained in the 
     attack, an amount of compensation equal to the amount 
     determined in subsection (c) that would have accrued--
       ``(1) in the case of a member, on behalf of a member killed 
     or wounded in a combat zone; and
       ``(2) in the case of an employee, on behalf of an employee 
     killed or wounded while serving with the Armed Forces in a 
     contingency operation.
       ``(b) Covered Attacks.--
       ``(1) Attacks described.--Except as provided in paragraph 
     (2), an attack covered by subsection (a) is any assault or 
     battery resulting in bodily injury or death committed by an 
     individual who the Secretary of Defense determines knowingly 
     targeted--
       ``(A) a member of the armed forces on account of the 
     military service of the member or the status of member as a 
     member of the Armed Forces; or
       ``(B) a civilian employee of the Department of Defense on 
     account of the employee's employment with the Department of 
     Defense or affiliation with the Department of Defense.
       ``(2) Geographic exclusion.--Subsection (a) does not apply 
     to any attack that--
       ``(A) occurs in a combat zone; or
       ``(B) in the case of a civilian employee of the Department, 
     occurs while the employee is serving with the armed forces in 
     a contingency operation.
       ``(c) Calculation of Compensation Amount.--The Secretary of 
     Defense shall identify, in consultation with all relevant 
     Federal agencies, including the Department of Veterans 
     Affairs and the Internal Revenue Service, all Federal 
     benefits provided to members of the armed forces and civilian 
     employees of the Department of Defense killed or wounded in a 
     combat zone, including special pays and the value of Federal 
     tax advantages accruing because certain benefits are not 
     subject to Federal income tax. The Secretary shall exclude 
     from the calculation any Federal benefits provided regardless 
     of the geographic location or circumstances of the death or 
     injuries.
       ``(d) Exclusion of Certain Individuals.--Subsection (a) 
     shall not apply to a member of

[[Page H3928]]

     the armed forces or civilian employee of the Department of 
     Defense whose death or wound as described in subsection (b) 
     is the result of the misconduct of the member or employee, as 
     determined by the Secretary of Defense.
       ``(e) Definitions.--In this section:
       ``(1) The term `armed forces' means the Army, Navy, Air 
     Force, and Marine Corps.
       ``(2) The term `combat zone' means a combat operation or 
     combat zone designated by the Secretary of Defense.
       ``(3) The term `eligible survivor' refers to the persons 
     eligible to receive a death gratuity payment under section 
     1477 of title 10. In the case of a deceased member or 
     employee, the eligible survivor who will receive the payment 
     under subsection (a) shall be determined as provided in such 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``911. Special payment to members of the armed forces and civilian 
              employees of the Department of Defense killed or wounded 
              in attacks directed at members or employees outside of 
              combat zone.''.

       (3) Retroactive application.--Section 911 of title 37, 
     United States Code, as added by paragraph (1), shall apply to 
     any attack described in subsection (b) of such section 
     occurring on or after November 6, 2009.
       (c) Purple Heart.--This section and the amendments made by 
     this section shall not be construed to prohibit, authorize, 
     or require the award of the Purple Heart to any member of the 
     Armed Forces.

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. 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. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE 
                   OF DESIGNATED PERSONS 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 designated persons at Yellow Ribbon Reintegration events

       ``(a) Allowance to Facilitate Attendance.--Under uniform 
     regulations prescribed by the Secretaries concerned, travel 
     and transportation described in subsection (c) may be 
     provided for a person designated pursuant to subsection (b) 
     to attend an event conducted under the Yellow Ribbon 
     Reintegration Program established pursuant to section 582 of 
     the National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 10 U.S.C. 10101 note) if the Secretary 
     concerned determines that the presence of the person may 
     contribute to the purposes of the event.
       ``(b) Covered Persons.--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 described in subsection 
     (c) to attend a Yellow Ribbon Reintegration Program event. 
     The designation of a person for purposes of this section may 
     be changed at any time.
       ``(c) Authorized Travel and Transportation.--(1) The 
     transportation authorized by subsection (a) for a person 
     designated under subsection (b) is round-trip transportation 
     between the home or place of business of the person and the 
     location of the Yellow Ribbon Reintegration Program event.
       ``(2) In addition to the transportation authorized by 
     subsection (a), 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 subsection (a) 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.''.
       (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 designated 
              persons at Yellow Ribbon Reintegration 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.

     SEC. 633. MILEAGE REIMBURSEMENT FOR USE OF PRIVATELY OWNED 
                   VEHICLES.

       (a) Use of Single Standard Mileage Rate Established by 
     IRS.--Section 5704(a)(1) of title 5, United States Code, is 
     amended by striking ``shall not exceed'' and inserting 
     ``shall be equal to''.
       (b) Prescription of Mileage Reimbursement Rates.--Section 
     5707(b) of such title is amended--
       (1) in paragraph (1), by striking subparagraph (A) and 
     inserting the following new subparagraph:
       ``(A) The Administrator of General Services shall conduct 
     periodic investigations of the cost of travel and the 
     operation of privately owned airplanes and privately owned 
     motorcycles by employees while engaged on official business, 
     and shall report the results of such investigations to 
     Congress at least once a year.''; and
       (2) in paragraph (2)(A), by striking clause (i) and 
     inserting the following new clause:
       ``(i) shall prescribe a mileage reimbursement rate for 
     privately owned automobiles which equals, as provided in 
     section 5704(a)(1) of this title, the single standard mileage 
     rate established by the Internal Revenue Service, and''.

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 641. 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. 642. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR 
                   RESERVE COMPONENT MEMBERS WOUNDED IN ACTION.

       Section 1208(b) of title 10, United States Code, is amended 
     by adding at the end the following new sentence: ``However, 
     in the case of such a member who is retired under this 
     chapter, or whose name is placed on the temporary disability 
     retired list under this chapter, because of a disability 
     incurred after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2011, for which the 
     member is awarded the Purple Heart, the member shall be 
     credited, for the purposes of this chapter, with the number 
     of years of service that would be counted if computing the 
     member's years of service under section 12732 of this 
     title.''.

     SEC. 643. ELIMINATION OF THE AGE REQUIREMENT FOR HEALTH CARE 
                   BENEFITS FOR NON-REGULAR SERVICE RETIREES.

       Section 1074(b) of title 10, United States Code, is 
     amended--
       (1) by striking ``(1)''; and
       (2) by striking paragraph (2).

     SEC. 644. 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. 645. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR RECIPIENTS 
                   OF PRE-SURVIVOR BENEFIT PLAN ANNUITY AFFECTED 
                   BY REQUIRED OFFSET FOR DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       Section 644 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1448 note) is 
     amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Special Survivor Indemnity Allowance.--(1) The 
     Secretary concerned shall pay a monthly special survivor 
     indemnity allowance under this subsection to a qualified 
     surviving spouse described in subsection (a) if--
       ``(A) the surviving spouse is entitled to dependency and 
     indemnity compensation under

[[Page H3929]]

     section 1311(a) of title 38, United States Code; and
       ``(B) the amount of the annuity to which the surviving 
     spouse is entitled under subsection (b) is affected by 
     paragraph (2)(A) of such subsection.
       ``(2) Subject to paragraph (3), the amount of the special 
     survivor indemnity allowance paid to surviving spouse under 
     paragraph (1) for a month shall be equal to--
       ``(A) for months during fiscal year 2009, $50;
       ``(B) for months during fiscal year 2010, $60;
       ``(C) for months during fiscal year 2011, $70;
       ``(D) for months during fiscal year 2012, $80;
       ``(E) for months during fiscal year 2013, $90;
       ``(F) for months during fiscal year 2014, $150;
       ``(G) for months during fiscal year 2015, $200;
       ``(H) for months during fiscal year 2016, $275; and
       ``(I) for months during fiscal year 2017, $310.
       ``(3) The amount of the special survivor indemnity 
     allowance paid to an eligible survivor under paragraph (1) 
     for any month may not exceed the amount of the annuity for 
     that month that is subject to offset under subsection 
     (b)(2)(A).
       ``(4) A special survivor indemnity allowance paid under 
     paragraph (1) does not constitute an annuity, and amounts so 
     paid are not subject to adjustment under any other provision 
     of law.
       ``(5) The special survivor indemnity allowance shall be 
     paid under paragraph (1) from amounts in the Department of 
     Defense Military Retirement Fund established under section 
     1461 of title 10, United States Code.
       ``(6) Subject to paragraph (7), this subsection shall only 
     apply with respect to the month that began on October 1, 
     2008, and subsequent months through the month ending on 
     September 30, 2017. As soon as practicable after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2011, the Secretary concerned shall pay, in a 
     lump sum, the total amount of the special survivor indemnity 
     allowances due under paragraph (1) to a qualified surviving 
     spouse for months since October 1, 2008, through the month in 
     which the first allowance is paid under paragraph (1) to the 
     qualified surviving spouse.
       ``(7) Effective on October 1, 2017, the authority provided 
     by this subsection shall terminate. No special survivor 
     indemnity allowance may be paid to any person by reason of 
     this subsection for any period before October 1, 2008, or 
     beginning on or after October 1, 2017.''.

     SEC. 646. 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.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                        Benefits and Operations

     SEC. 651. SHARED CONSTRUCTION COSTS FOR SHOPPING MALLS OR 
                   SIMILAR FACILITIES CONTAINING A COMMISSARY 
                   STORE AND ONE OR MORE NONAPPROPRIATED FUND 
                   INSTRUMENTALITY ACTIVITIES.

       Section 2484(h)(2) of title 10, United States Code, is 
     amended--
       (1) by redesignating subparagraph (B) as subparagraph (C) 
     and, in such subparagraph, by striking ``subparagraph (A)'' 
     and inserting ``this paragraph'';
       (2) in the first sentence of subparagraph (A), by inserting 
     ``the Defense Commissary Agency or'' after ``may authorize'';
       (3) by designating the second sentence of subparagraph (A) 
     as subparagraph (B) and, in such subparagraph, by striking 
     ``The Secretary may'' and inserting the following: ``If the 
     construction contract is entered into by a nonappropriated 
     fund instrumentality, the Secretary of Defense may''; and
       (4) by adding at the end of subparagraph (B), as designated 
     by paragraph (3), the following new sentence: ``If the 
     construction contract is entered into by the Defense 
     Commissary Agency, the Secretary may authorize the Defense 
     Commissary Agency accept reimbursement from a nonappropriated 
     fund instrumentality for the portion of the cost of the 
     contract that is attributable to construction for 
     nonappropriated fund instrumentality activities.''.

     SEC. 652. 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. 653. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE 
                   STORE IN THE NORTHERN MARIANA ISLANDS.

       (a) Study Required.--The Secretary of Defense shall conduct 
     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. In conducting the study, the Secretary shall consider 
     the welfare of members of the Armed Forces serving in the 
     Northern Mariana Islands and dependents of members residing 
     in the Northern Mariana Islands.
       (b) Submission of Results.--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 the study conducted under subsection (a).

           Subtitle F--Alternative Career Track Pilot Program

     SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CAREER TRACK 
                   FOR COMMISSIONED OFFICERS TO FACILITATE AN 
                   INCREASED COMMITMENT TO ACADEMIC AND 
                   PROFESSIONAL EDUCATION AND CAREER-BROADENING 
                   ASSIGNMENTS.

       (a) Program Authorized.--Chapter 39 of title 10, United 
     States Code, is amended by inserting after section 672 the 
     following new section:

     ``Sec. 673. Alternative career track for commissioned 
       officers pilot program

       ``(a) Program Authorized.--(1) Under regulations prescribed 
     pursuant to subsection (g) and approved by the Secretary of 
     Defense, the Secretary of a military department may establish 
     a pilot program for an armed force under the jurisdiction of 
     the Secretary under which an eligible commissioned officer, 
     while on active duty--
       ``(A) participates in a separate career track characterized 
     by expanded career opportunities extending over a longer 
     career;
       ``(B) agrees to an additional active duty service 
     obligation of at least five years to be served concurrently 
     with other active duty service obligations; and
       ``(C) would be required to accept further active duty 
     service obligations, as determined by the Secretary, to be 
     served concurrently with other active duty service 
     obligations, including the active duty service obligation 
     accepted under subparagraph (B), in connection with the 
     officer's entry into education programs, selection for career 
     broadening assignments, acceptance of additional special and 
     incentive pays, or selection for promotion.
       ``(2) The Secretary of the military department concerned 
     may waive an active duty service obligation accepted under 
     subparagraph (B) or (C) of paragraph (1) to facilitate the 
     separation or retirement of a participant in the program.
       ``(3) The program shall be known as the `Alternative Career 
     Track Pilot Program' (in this section referred to as the 
     `program').
       ``(b) Eligible Officers.--Commissioned officers with 
     between 13 and 18 years of service are eligible to volunteer 
     to participate in the program.
       ``(c) Number of Participants.--No more than 50 officers of 
     each armed force may be selected per year to participate in 
     the program.
       ``(d) Alternative Career Elements of Program.--(1) The 
     Secretaries of the military departments may establish 
     separate basic pay and special and incentive pay and 
     promotion systems unique to the officers participating in the 
     program, without regard to the requirements of this title or 
     title 37.
       ``(2) The Secretaries of the military departments may 
     establish separation and retirement policies for officers 
     participating in the program without regard to grade and 
     years of service requirements established under this title.
       ``(3) Participants serving in a grade below brigadier 
     general or rear admiral (lower half) may serve in the grade 
     without regard to the limits on the number of officers in the 
     grade established under this title.
       ``(e) Treatment of General and Flag Officer Participants.--
     (1) A participant serving in a grade above colonel, or 
     captain in the Navy, but below lieutenant general or vice 
     admiral, shall be--
       ``(A) counted for purposes of general officer and flag 
     officer limits on grade and the total number serving as 
     general officers and flag officers, if the participant is 
     serving in a position requiring the assignment of a military 
     officer; but
       ``(B) excluded from limits on grade and the total number 
     serving as general officers and flag officers, if the 
     participant is serving in a position not typically occupied 
     by a military officer.
       ``(2) A participant serving in the grade of lieutenant 
     general, vice admiral, general, or admiral shall be counted 
     for purposes of general officer and flag officer limits on 
     grade and the total number serving as general officers and 
     flag officers.
       ``(f) Return to Standard Career Path; Effect.--(1) The 
     Secretaries of the military departments retain the authority 
     to involuntarily return an officer to the standard career 
     path.
       ``(2) The Secretary of the military department concerned 
     may return an officer to the standard career path at the 
     request of the officer.

[[Page H3930]]

       ``(3) If the program is terminated pursuant to paragraph 
     (4) or (5) of subsection (i), officers participating in the 
     program at the time of the termination shall be returned to 
     the standard career path.
       ``(4) An officer returned to the standard career path under 
     paragraph (1), (2), or (3) shall retain the grade, date-of-
     rank, and basic pay level earned while a participant in the 
     program but shall revert to the special and incentive pay 
     authorities established in title 37 upon the expiration of 
     the agreement between the Secretary and the officer providing 
     any special and incentive pays under the program. Subsequent 
     increases in the officer's rate of monthly basic pay shall 
     conform to the annual percentage increases in basic pay rates 
     provided in the basic pay table.
       ``(g) Annual Report.--(1) The Secretaries of the military 
     departments, in cooperation with the Secretary of Defense, 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives an annual report 
     containing the findings and recommendations of the Secretary 
     of Defense and the Secretaries of the military departments 
     concerning the progress of the program for each armed force.
       ``(2) The Secretary of a military department, with the 
     consent of the Secretary of Defense, may include in the 
     report for a year a recommendation that the program be made 
     permanent for an armed force under the jurisdiction of that 
     Secretary.
       ``(h) Regulations.--The Secretary of each military 
     department shall prescribe regulations to carry out the 
     program. The regulations shall be subject to the approval of 
     the Secretary of Defense.
       ``(i) Commencement; Duration.--(1) Before authorizing the 
     commencement of the program for an armed force, the Secretary 
     of the military department concerned, with the consent of the 
     Secretary of Defense, shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     containing the detailed program structure of the alternative 
     career track, associated personnel and compensation policies, 
     implementing instructions and regulations, and a summary of 
     the specific provisions of this title and title 37 to be 
     waived under the program. The authority to conduct the 
     program for that armed force commences 120 days after the 
     date of the submission of the report.
       ``(2) The Secretary of the military department concerned, 
     with the consent of the Secretary of Defense, may authorize 
     revision of the program structure, associated personnel and 
     compensation policies, implementing instructions and 
     regulations, or laws waived, as submitted by the Secretary 
     under paragraph (1). The Secretary of the military department 
     concerned, with the consent of the Secretary of Defense, 
     shall submit the proposed revisions to the Committees on 
     Armed Services of the Senate and House of Representatives. 
     The revisions shall take effect 120 days after the date of 
     their submission.
       ``(3) If the program for an armed force has not commenced 
     before December 31, 2015, as provided in paragraph (1), the 
     authority to commence the program for that armed force 
     terminates.
       ``(4) No officer may be accepted to participate in the 
     program after December 31, 2026.
       ``(5) The Secretary of the military department concerned, 
     with the consent of the Secretary of Defense, may terminate 
     the pilot program for an armed force before the date 
     specified in paragraph (4). Not later than 90 days after 
     terminating the pilot program, the Secretary of the military 
     department concerned, in cooperation with the Secretary of 
     Defense, shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report containing 
     the reasons for the termination.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 672 the following new item:

``673. Alternative career track for commissioned officers pilot 
              program.''.

                       Subtitle G--Other Matters

     SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED FORCES HEALTH 
                   PROFESSIONS SCHOLARSHIP AND FINANCIAL 
                   ASSISTANCE PROGRAM 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 the number of years required to complete 
     the normal length of the course of study required for the 
     specific health profession.''.

     SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, AND STUDENT 
                   LOAN BENEFITS RECEIVED BY MILITARY TECHNICIANS 
                   (DUAL STATUS).

       (a) Treatment of Enlistment, Reenlistment, and Student Loan 
     Benefits.--Section 10216 of title 10, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(h) Retention of Bonuses and Other Benefits.--If an 
     individual is first employed as a military technician (dual 
     status) while the individual is already a member of a reserve 
     component, the Secretary concerned may not--
       ``(1) require the individual to repay any enlistment, 
     reenlistment, or affiliation bonus provided to the individual 
     in connection with the individual's enlistment or 
     reenlistment before such employment; or
       ``(2) terminate the individual's participation in an 
     educational loan repayment program under chapter 1609 of this 
     title if the individual began such participation before such 
     employment.''.
       (b) Effective Date.--Subsection (h) of section 10216 of 
     title 10, United States Code, as added by subsection (a), 
     shall apply only with respect to individuals who are first 
     employed as a military technician (dual status), as described 
     in subsection (a)(1) of such section 10216, more than 180 
     days after the date of the enactment of this Act.

     SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE ARMED 
                   FORCES MADE FROM STUDENT LOAN FUNDS.

       Section 465(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1087ee(a)) is amended by adding at the end the 
     following new paragraph:
       ``(8) For the purpose of this subsection, the term `year of 
     service' where applied to service by a member of the Armed 
     Forces described in paragraph (2)(D) means a qualified tour 
     of duty that--
       ``(A) is for 6 months or longer; or
       ``(B) was less than 6 months because the member was 
     discharged or released from active duty in the Armed Forces 
     for an injury or disability incurred in or aggravated by 
     service in the Armed Forces.''.

                   TITLE VII--HEALTH CARE PROVISIONS

              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 TRICARE.

       (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 TRICARE coverage.
       ``(b) Individual Described.--An individual described in 
     this subsection is an individual who--
       ``(1) with respect to a member or former member of a 
     uniformed service, is--
       ``(A) a child who has not attained the age of 26 and 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); or
       ``(B) a person who--
       ``(i) is placed in the legal custody of the member or 
     former member as a result of an order of a court of competent 
     jurisdiction in the United States (or possession of the 
     United States) for a period of at least 12 consecutive 
     months;
       ``(ii) has not attained the age of 26;
       ``(iii) 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);
       ``(iv) resides with the member or former member unless 
     separated by the necessity of military service or to receive 
     institutional care as a result of disability or 
     incapacitation or under such other circumstances as the 
     administering Secretary may by regulation prescribe;
       ``(v) is not otherwise a dependent of a member or a former 
     member under any subparagraph of section 1072(2) of this 
     title; and
       ``(vi) is not the child of a dependent who is described in 
     subparagraph (D) or (I) of section 1072(2) and is a covered 
     beneficiary; and
       ``(2) meets other criteria specified in regulations 
     prescribed by the Secretary.
       ``(c) Premium.--(1) The Secretary shall prescribe by 
     regulation a premium for TRICARE coverage 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 TRICARE coverage pursuant to this section shall be 
     an amount not to exceed the cost of 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 paragraph 
     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.
       ``(d) TRICARE Coverage Defined.--In this section, the term 
     `TRICARE coverage' means health care to which a dependent 
     described in section 1072(2)(D) of this title is entitled 
     under section 1076d, 1076e, 1079, 1086, or 1097 of this 
     title.''.
       (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) Conforming Amendment.--Paragraph (1) of section 1086(c) 
     of title 10, United States Code, is amended by inserting 
     after ``of this title'' the following: ``(or an individual 
     described in section 1110b(b) who meets the requirements for 
     a dependent under paragraph (1) or (2) of such section 
     1076(b))''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 703. SURVIVOR DENTAL BENEFITS.

       Paragraph (2) of section 1076a(k) of title 10, United 
     States Code, is amended to read as follows:

[[Page H3931]]

       ``(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) In General.--Paragraph (2) of section 1074f(b) of title 
     10, United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(D) An aural screening, including an assessment of 
     tinnitus.''.
       (b) Effective Date.--Section 1074f(b)(2) of title 10, 
     United States Code, as added by subsection (a) of this 
     section, shall apply to members of the Armed Forces who are 
     deployed or return from deployment on or after the date that 
     is 30 days after the date of the enactment of this Act.

     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 sole responsibility for 
     administering the TRICARE program and making any decision 
     affecting such program.''.

     SEC. 712. UPDATED TERMINOLOGY FOR THE 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. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE 
                   TO MILITARY HEALTH-CARE PROFESSIONALS WHO ARE 
                   MEMBERS OF THE NATIONAL GUARD PERFORMING DUTY 
                   WHILE IN TITLE 32 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 title 32 in 
     response to an actual or potential disaster.''.

     SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FACILITIES OF 
                   THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) Annual Reports.--Section 1073b of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c) Annual Report on Joint Health Care Facilities of the 
     Department of Defense and the Department of Veterans 
     Affairs.--(1) At the same time that the budget of the 
     President is submitted under section 1105(a) of title 31 for 
     each fiscal year, the Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly submit to the appropriate 
     congressional committees a report on joint facilities.
       ``(2) Each report under paragraph (1) shall include the 
     following:
       ``(A) A list of each military medical treatment facility of 
     the Department of Defense that the Secretary of Defense is 
     considering as a potential joint facility.
       ``(B) A list of each medical facility of the Department of 
     Veterans Affairs that the Secretary of Veterans Affairs is 
     considering as a potential joint facility.
       ``(C) A list of each military medical treatment facility of 
     the Department of Defense and medical facility of the 
     Department of Veterans Affairs that has been established as a 
     joint facility.
       ``(3)(A) Except as provided in subparagraph (B), no funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2012 or any fiscal year thereafter for military 
     medical treatment facilities of the Department of Defense may 
     be obligated or expended to establish a joint facility unless 
     both the military medical treatment facility of the 
     Department of Defense and the medical facility of the 
     Department of Veterans Affairs were included in a report 
     under paragraph (1).
       ``(B) The Secretary of Defense may waive the limitation in 
     subparagraph (A) with respect to establishing a joint 
     facility not included in a report under paragraph (1) if--
       ``(i) the Secretary and the Secretary of Veterans Affairs 
     jointly submit to the appropriate congressional committees--
       ``(I) written certification that the Secretaries began 
     considering such joint facility after the most recent report 
     under subsection (a) was submitted to the appropriate 
     congressional committees; and
       ``(II) a report on such joint facility, including the 
     location and the estimated cost; and
       ``(ii) a period of 30 days has elapsed after the date on 
     which the certification and report under clause (i) are 
     submitted to the appropriate congressional committees.
       ``(4) In this subsection:
       ``(A) The term `appropriate congressional committees' 
     means--
       ``(i) the congressional defense committees;
       ``(ii) the Committee on Veterans' Affairs of the House of 
     Representatives; and
       ``(iii) the Committee on Veterans' Affairs of the Senate.
       ``(B) The term `joint facility' means a military medical 
     treatment facility of the Department of Defense and a medical 
     facility of the Department of Veterans Affairs that are 
     combined, operated jointly, or otherwise operated in such a 
     manner that a facility of one department is operating in or 
     with a facility of the other department.
       ``(C) The term `medical facility', with respect to a 
     facility of the Department of Veterans Affairs, has the 
     meaning given that term in section 8101(3) of title 38.''.
       (b) Title 38.--
       (1) In general.--Subchapter IV of chapter 81 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 8159. Limitation on establishment of joint facilities 
       of the Department of Veterans Affairs and the Department of 
       Defense

       ``(a) Limitation.--Except as provided in subsection (b), no 
     funds authorized to be appropriated or otherwise made 
     available for fiscal year 2012 or any fiscal year thereafter 
     for medical facilities of the Department of Veterans Affairs 
     may be obligated or expended to establish a joint facility 
     unless both the medical facility of the Department of 
     Veterans Affairs and the military medical treatment facility 
     of the Department of Defense were included in a report 
     submitted by the Secretary of Veterans Affairs and the 
     Secretary of Defense to the appropriate congressional 
     committees under section 1073b(c) of title 10.
       ``(b) Waiver.--The Secretary of Veterans Affairs may waive 
     the limitation in subsection (a) with respect to establishing 
     a joint facility not included in a report under section 
     1073b(c) of title 10 if--
       ``(1) the Secretary and the Secretary of Defense jointly 
     submit to the appropriate congressional committees--
       ``(A) written certification that the Secretaries began 
     considering such joint facility after the most recent report 
     under section 1073b(c) of title 10 was submitted to the 
     appropriate congressional committees; and
       ``(B) a report on such joint facility, including the 
     location and the estimated cost; and
       ``(2) a period of 30 days has elapsed after the date on 
     which the certification and report under paragraph (1) are 
     submitted to the appropriate congressional committees.
       ``(c) Definitions.--In this section:
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the congressional defense committees (as defined in 
     section 101(a)(16) of title 10);
       ``(B) the Committee on Veterans' Affairs of the House of 
     Representatives; and
       ``(C) the Committee on Veterans' Affairs of the Senate.
       ``(2) The term `joint facility' means a military medical 
     treatment facility of the Department of Defense and a medical 
     facility of the Department of Veterans Affairs that are 
     combined, operated jointly, or otherwise operated in such a 
     manner that a facility of one department is operating in or 
     with a facility of the other department.
       ``(3) The term `medical facility' has the meaning given 
     that term in section 8101(3) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 8158 the following new item:

``8159. Limitation on establishment of joint facilities of the 
              Department of Veterans Affairs and the Department of 
              Defense.''.

     SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR 
                   MEDICAL CORPS OFFICERS.

       (a) Review of Training Programs for Medical Officers.--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:
       (1) Programs at the Uniformed Services University of the 
     Health Sciences that award a medical doctor degree.
       (2) 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--
       (A) anesthesiology;
       (B) emergency medicine;
       (C) family medicine;
       (D) general surgery;
       (E) obstetrics/gynecology;
       (F) pathology;
       (G) pediatrics; and
       (H) psychiatry.

[[Page H3932]]

       (b) 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 subsection (a).

     SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF HEALTH CARE 
                   PROVIDED TO INELIGIBLE INDIVIDUALS.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the costs incurred by the United States on behalf of 
     individuals--
       (1) who are not covered beneficiaries; and
       (2) who receive health care services from a health care 
     provider under the TRICARE program.
       (b) 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 on the study under 
     subsection (a), including recommendations for legislative 
     action that the Secretary considers appropriate to--
       (1) prevent individuals who are not covered beneficiaries 
     from receiving health care services from a health care 
     provider under the TRICARE program; and
       (2) recoup the costs of such health care from such 
     individuals.
       (c) Definitions.--In this section:
       (1) The term ``covered beneficiary'' has the meaning given 
     that term in section 1072(5) of title 10, United States Code.
       (2) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of such title.

     SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DEPARTMENT OF 
                   DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                   FACILITY DEMONSTRATION PROJECT.

       The Secretary of Defense may not transfer any funds 
     authorized to be appropriated by this Act for fiscal year 
     2011 to the Joint Department of Defense-Department of 
     Veterans Affairs Medical Facility Demonstration Fund 
     established in section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2571) unless, before any such transfer--
       (1) the Secretary submits to the congressional defense 
     committees, the Committee on Veterans' Affairs of the House 
     of Representatives, and the Committee on Veterans' Affairs of 
     the Senate a report providing--
       (A) notice of the proposed transfer; and
       (B) the exact amount and source of funds to be transferred; 
     and
       (2) a period of 30 days has elapsed (excluding days of 
     which either House of Congress is not in session) after the 
     report is submitted under paragraph (1).

     SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH INFORMATION 
                   TECHNOLOGY PROGRAMS.

       (a) Study.--The Secretary of Defense shall conduct an 
     enterprise risk assessment methodology study of all health 
     information technology programs of the Department of Defense.
       (b) 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 subsection (a).

                       Subtitle C--Other Matters

     SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) 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.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the methods to improve aural protection examined 
     under subsection (a).

     SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE ASSESSMENT 
                   BY THE MILITARY HEALTH CARE SYSTEM.

       (a) Comprehensive Policy Required.--Not later than 
     September 30, 2011, the Secretary of Defense shall develop 
     and implement a comprehensive policy on pre- and post-
     deployment neurocognitive assessment.
       (b) Scope of Policy.--The policy required by subsection (a) 
     shall cover each of the following:
       (1) Require the administration of the same pre-deployment 
     and post-deployment neurocognitive assessments to all members 
     of the military who are preparing to deploy or have returned 
     from deployment.
       (2) Require the standardization of testing procedures for 
     neurocognitive assessments.
       (3) Provide for follow-up neurocognitive assessments as 
     needed to create a longitudinal neurocognitive assessment 
     record for the on-going care of members of the Armed Forces.
       (4) Ensure the neurocognitive assessment results and 
     reports be made available to members of the Armed Forces and 
     veterans for their personal use in health management.
       (c) Updates.--The Secretary shall revise the policy 
     required by subsection (a) on a periodic basis in accordance 
     with experience and evolving best practice guidelines.
       (d) Annual Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and on September 30 of each year 
     thereafter, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the policy 
     required by subsection (a).
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) A description of the policy implemented under 
     subsection (b), and any revisions to such policy under 
     subsection (d).
       (B) A description of the performance measures used to 
     determine the effectiveness of the policy in improving the 
     use of neurocognitive assessments throughout the Department 
     of Defense.

     SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.

       (a) Designation.--Not later than October 1, 2011, the 
     Secretary of Defense may designate a center to be known as 
     the ``National Casualty Care Research Center'' (in this 
     section referred to as the ``Center''), which shall consist 
     of the program known as the combat casualty care research 
     program of the Army Medical Research and Materiel Command.
       (b) Director.--The Secretary, in consultation with the 
     commanding general of the Army Medical Research and Materiel 
     Command, shall appoint a director of the Center.
       (c) Activities of the Center.--In addition to other 
     functions performed by the combat casualty care research 
     program, the Center shall--
       (1) provide a public-private partnership for funding 
     clinical and experimental studies in combat injury;
       (2) integrate laboratory and clinical research to hasten 
     improvements in care to members of the Armed Forces who are 
     injured;
       (3) ensure that data from both military and civilian 
     entities, including the Joint Theater Trauma Registry and the 
     National Trauma Data Bank, are optimally used to establish 
     research agendas and measure improvements in outcomes;
       (4) fund the full range of injury research and evaluation, 
     including--
       (A) laboratory, translational, and clinical research;
       (B) point of wounding and pre-hospital care;
       (C) early resuscitative management;
       (D) initial and definitive surgical care; and
       (E) rehabilitation and reintegration into society; and
       (5) coordinate the collaboration of civilian and military 
     institutions conducting trauma research.

     SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST CANCER 
                   AMONG FEMALE MEMBERS OF THE ARMED FORCES.

       (a) Report.--Not later than March 1, 2011, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on the feasibility of conducting a case-control 
     study described in subsection (b).
       (b) Case-control Study.--A case-control study described in 
     this subsection is a case-control study on the incidence of 
     breast cancer among covered members in order to determine 
     whether covered members were at an elevated risk of having 
     breast cancer, including the following:
       (1) A determination of the number of covered members who 
     have been diagnosed with breast cancer.
       (2) A sample of covered members who have not been diagnosed 
     with breast cancer who could serve as an appropriate 
     comparison group.
       (3) A determination of demographic information and 
     potential breast cancer risk factors regarding covered 
     members who are included in the study, including--
       (A) race;
       (B) ethnicity;
       (C) age;
       (D) possible exposure to hazardous elements or chemical or 
     biological agents (including any vaccines) and where such 
     exposure occurred;
       (E) known breast cancer risk factors, including familial, 
     reproductive, and anthropometric parameters;
       (F) the locations of duty stations that such member was 
     assigned;
       (G) the locations in which such member was deployed; and
       (H) the geographic area of residence prior to deployment.
       (4) An analysis of the clinical characteristics of breast 
     cancer diagnosed in covered members (including the stage, 
     grade, and other details of the cancer).
       (5) Other information the Secretary considers appropriate.
       (c) Covered Members Defined.--In this section, the term 
     ``covered members'' means female members of the Armed Forces 
     (including members of the National Guard and reserve 
     components) who served in Operation Enduring Freedom or 
     Operation Iraqi Freedom.

     SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY 
                   MILITARY OCCUPATION.

       (a) Assessment.--The Secretary of Defense shall 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 Secretary shall submit to the 
     congressional defense committees a report on the assessment 
     under subsection (a).

     SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP 
                   PROGRAM.

       (a) Authority to Establish.--The Secretary of Defense may 
     establish a program to be known as the Visiting NIH Senior 
     Neuroscience Fellowship Program at--
       (1) the Defense Advanced Research Projects Agency; and
       (2) the Defense Center of Excellence for Psychological 
     Health and Traumatic Brain Injury.
       (b) Activities of the Program.--In establishing the 
     Visiting NIH Senior Neuroscience Fellowship Program under 
     subsection (a), the Secretary shall require the program to--
       (1) provide a partnership between the National Institutes 
     of Health and the Defense Advanced Research Projects Agency 
     to enable identification and funding of the broadest range of 
     innovative, highest quality clinical and experimental 
     neuroscience studies for the benefit of members of the Armed 
     Forces;
       (2) provide a partnership between the National Institutes 
     of Health and the Defense Center of Excellence for 
     Psychological Health and

[[Page H3933]]

     Traumatic Brain Injury that will enable identification and 
     funding of clinical and experimental neuroscience studies for 
     the benefit of members of the Armed Forces;
       (3) use the results of the studies described in paragraph 
     (1) and (2) to enhance the mission of the National Institutes 
     of Health for the benefit of the public; and
       (4) provide a military and civilian collaborative 
     environment for neuroscience-based medical problem-solving in 
     critical areas affecting both military and civilian life, 
     particularly post-traumatic stress disorder.
       (c) Period of Fellowship.--The period of any fellowship 
     under the Program shall not last more than 2 years and shall 
     not continue unless agreed upon by the parties concerned.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             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 inserting ``or covered litigation support 
     contractor'' after ``covered Government support contractor''; 
     and
       (B) by inserting after ``oversight of'' the following: ``, 
     or preparation for litigation relating to,''; 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 F135 AND F136 ENGINE DEVELOPMENT AND 
                   PROCUREMENT PROGRAMS AS MAJOR SUBPROGRAMS.

       (a) Designation as Major Subprograms.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall designate each of the engine 
     development and procurement programs described in subsection 
     (b) 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) Description.--For purposes of subsection (a), the 
     engine development and procurement programs are the 
     following:
       (1) The F135 engine development and procurement program.
       (2) The F136 engine development and procurement program.
       (c) Original Baseline.--For purposes of reporting 
     requirements referred to in section 2430a(b) of title 10, 
     United States Code, for the major subprograms designated 
     under subsection (a), the Secretary shall use the Milestone B 
     decision for each subprogram as the original baseline for the 
     subprogram.
       (d) Actions Following Critical Cost Growth.--
       (1) In general.--Subject to paragraph (2), to the extent 
     that the Secretary elects to restructure the F-35 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 the F135 and F136 engine development 
     and procurement programs (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. CONFORMING AMENDMENTS RELATING TO INCLUSION OF 
                   MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION 
                   PROGRAMS UNDER VARIOUS ACQUISITION-RELATED 
                   REQUIREMENTS.

       (a) Conforming Amendments to Section 2366a.--Section 2366a 
     of such title is amended--
       (1) in subsections (a), (b)(1), and (b)(2)--
       (A) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program''; and
       (B) by inserting ``or subprogram'' after ``program'' each 
     place it appears (other than after ``major defense 
     acquisition program'', after ``space program'' , before 
     ``requirements'', and before ``manager''); 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 as 
     designated under section 2430a(a)(1) of this title.''.
       (b) Conforming Amendments to Section 2366b.--Section 2366b 
     of such title is amended--
       (1) in subsections (a), (b)(1), and (c)(1)--
       (A) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program''; and
       (B) by inserting ``or subprogram'' after ``program'' each 
     place it appears (other than after ``major defense 
     acquisition program'', after ``future-years defense 
     program'', and after ``space program''); 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 as 
     designated under section 2430a(a)(1) of this title.''.
       (c) 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.''.
       (d) 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.''.

     SEC. 804. 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 by 
     striking ``items that are--'' and inserting ``supplies that 
     are--''.
       (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 subparagraph (A), by striking ``an item'' and 
     inserting ``the supplies'';
       (C) in subparagraph (B), by striking ``an item'' and 
     inserting ``the supplies''; and
       (D) in subparagraph (C), by inserting ``and utilization'' 
     after ``deployment''.
       (c) Response to Combat Emergencies.--Subsection (c) of such 
     section is amended--
       (1) by striking ``equipment'' each place it appears and 
     inserting ``supplies'';
       (2) by striking ``combat capability'' each place it 
     appears;
       (3) by inserting ``, or could result,'' after ``that has 
     resulted'' each place it appears;
       (4) by striking ``fatalities'' each place it appears and 
     inserting ``casualties'';
       (5) in paragraphs (1) and (2)(A), by striking ``is'' each 
     place it appears and inserting ``are'';
       (6) in paragraph (3)--
       (A) by striking ``The authority of this section may not be 
     used to acquire equipment in an amount aggregating more than 
     $100,000,000 during any fiscal year.''; and
       (B) by inserting ``in an amount aggregating no more than 
     $200,000,000'' after ``for that fiscal year'';
       (7) in paragraph (4), 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 ``those supplies''.
       (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''.

[[Page H3934]]

       (e) Testing Requirement.--Subsection (e) of such section is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``an item'' in the matter preceding 
     subparagraph (A) and inserting ``the supplies''; and
       (B) in subparagraph (B), by striking ``of the item'' and 
     all that follows through ``requirements document'' and 
     inserting ``of the supplies in meeting the original 
     requirements for the supplies (as stated in a statement of 
     the urgent operational need'';
       (2) in paragraph (2)--
       (A) by striking ``an item'' and inserting ``supplies''; and
       (B) by striking ``the item'' and inserting ``the 
     supplies''; and
       (3) in paragraph (3)--
       (A) by striking ``If items'' and inserting ``If the 
     supplies''; and
       (B) by striking ``items'' each place it appears and 
     inserting ``supplies''.
       (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. 805. PROHIBITION ON CONTRACTS WITH ENTITIES ENGAGING IN 
                   COMMERCIAL ACTIVITY IN THE ENERGY SECTOR OF 
                   IRAN.

       (a) Prohibition on Contracts.--
       (1) Prohibition.--The Secretary of Defense may not enter 
     into any contract with--
       (A) an entity that engages in commercial activity in the 
     energy sector of Iran; or
       (B) a successor entity to the entity described in 
     subparagraph (A).
       (2) Definition.--For purposes of this subsection, an entity 
     engages in commercial activity in the energy sector of Iran 
     if the entity, with actual knowledge, engages in an activity 
     for which sanctions have been imposed under section 5(a) of 
     the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note).
       (b) Duration of Prohibition.--The prohibition under 
     subsection (a) shall apply with respect to an entity (or 
     successor entity)--
       (1) for a period of not less than 2 years beginning on the 
     date on which the prohibition is imposed; or
       (2) until such time as the Secretary of Defense determines 
     and certifies to the congressional defense committees that--
       (A) the entity whose activities were the basis for imposing 
     the prohibition is no longer engaging in such activities; and
       (B) the Secretary has received reliable assurances that 
     such entity (or successor entity) will not knowingly engage 
     in such activities in the future, except that such 
     prohibition shall remain in effect for a period of at least 1 
     year.
       (c) Waiver.--
       (1) Authority.--The Secretary of Defense may waive the 
     prohibition under subsection (a) with respect to a contract 
     if the Secretary determines that the contract is in the 
     interest of national security.
       (2) Notification.--Upon issuing a waiver under paragraph 
     (1) with respect to a contract, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives, the Committee on Foreign 
     Relations of the Senate, and the Committee on Foreign Affairs 
     of the House of Representatives a notification that 
     identifies the entity involved, the nature of the contract, 
     and the rationale for issuing the waiver.

Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

     SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CERTAIN FIBERS; 
                   LIMITATION ON SPECIFICATION.

       (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, 2021''.
       (b) Prohibition on Specification in Solicitations.--No 
     solicitation issued before January 1, 2021, 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.

     SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

       Section 2473 of title 10, United States Code, is amended--
       (1) in subsection (b), by striking ``subsection (d)'' and 
     inserting ``subsection (c)'';
       (2) by striking subsection (c);
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively; and
       (4) by adding at the end the following new subsection (e):
       ``(e) Competitive Procedures.--If the Secretary determines 
     under subsection (a) that the requirement to procure property 
     or services described in subsection (b) for the Department of 
     Defense from a firm in the small arms production industrial 
     base is not necessary to preserve such industrial base, any 
     such procurement shall be awarded through the use of 
     competitive procedures that afford such industrial base a 
     fair opportunity to be considered for such procurement.''.

     SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF 
                   SPECIALTY METALS WITHIN THE UNITED STATES.

       Section 2533b(m) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(11) The term `produced', as used in subsections (a) and 
     (b), means melted, or processed in a manner that results in 
     physical or chemical property changes that are the equivalent 
     of melting. The term does not include finishing processes 
     such as rolling, heat treatment, quenching, tempering, 
     grinding, or shaving.''.

                    Subtitle C--Studies and Reports

     SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR 
                   ACQUISITION AND FUNDING OF TECHNOLOGIES 
                   SUPPORTING NETWORK-CENTRIC OPERATIONS.

       (a) Studies Required.--
       (1) Independent study.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall enter into a contract with an independent federally 
     funded research and development center to carry out a 
     comprehensive study of policies, procedures, organization, 
     and regulatory constraints affecting the acquisition of 
     technologies supporting network-centric operations. The 
     contract shall be funded from amounts appropriated pursuant 
     to an authorization of appropriations in this Act or 
     otherwise made available for fiscal year 2011 for operation 
     and maintenance for Defense-wide activities.
       (2) Joint chiefs of staff study.--The Chairman of the Joint 
     Chiefs of Staff shall carry out a comprehensive study of the 
     same subjects covered by paragraph (1). The study shall be 
     independent of the study required by paragraph (1) and shall 
     be carried out in conjunction with the military departments 
     and in coordination with the Secretary of Defense.
       (b) Matters To Be Addressed.--Each study required by 
     subsection (a) shall address the following matters:
       (1) Development of a system for understanding the various 
     foundational components that contribute to network-centric 
     operations, such as data transport, processing, storage, data 
     collection, and dissemination of information.
       (2) Determining how acquisition and funding programs that 
     are in place as of the date of the enactment of this Act 
     relate to the system developed under paragraph (1).
       (3) Development of acquisition and funding models using the 
     system developed under paragraph (1), including--
       (A) a model under which a joint entity independent of any 
     military department (such as the Joint Staff) is established 
     with responsibility and control of all funding for the 
     acquisition of technologies for network-centric operations, 
     and with authority to oversee the incorporation of such 
     technologies into the acquisition programs of the military 
     departments;
       (B) a model under which an executive agent is established 
     to manage and oversee the acquisition of technologies for 
     network-centric operations, but would not have exclusive 
     control of the funding for such programs;
       (C) a model under which the acquisition and funding 
     programs that are in place as of the date of the enactment of 
     this Act are maintained; and
       (D) any other model that the entity carrying out the study 
     considers relevant.
       (4) An analysis of each of the models developed under 
     paragraph (3) with respect to potential benefits in--
       (A) collecting, processing, and disseminating information;
       (B) network commonality;
       (C) common communications;
       (D) interoperability;
       (E) mission impact and success; and
       (F) cost-effectiveness.
       (5) An evaluation of each of the models developed under 
     paragraph (3) with respect to feasibility, including 
     identification of legal, policy, or regulatory barriers that 
     may impede the implementation of such model.
       (c) Report Required.--Not later than September 30, 2011, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the results of the studies 
     required by subsection (a). The report shall include the 
     findings and recommendations of the studies and any 
     observations and comments that the Secretary considers 
     appropriate.
       (d) Network-centric Operations Defined.--In this section, 
     the term ``network-centric operations'' refers to the ability 
     to exploit all human and technical elements of the Joint 
     Force and mission partners through the full integration of 
     collected information, awareness, knowledge, experience, and 
     decisionmaking, enabled by secure access and distribution, 
     all to achieve agility and effectiveness in a dispersed, 
     decentralized, dynamic, or uncertain operational environment.

     SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW 
                   ON CONTRACTING IN IRAQ AND AFGHANISTAN.

       The National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is 
     amended by adding at the end of subtitle F of title VIII the 
     following new section (and conforming the table of sections 
     for such subtitle at the beginning of title VIII and at the 
     beginning of such Act accordingly):

     ``SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL 
                   REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

       ``(a) Joint Report Required.--
       ``(1) In general.--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) Matters covered.--A report under this subsection 
     shall, at a minimum, cover--

[[Page H3935]]

       ``(A) any significant developments or issues with respect 
     to contracts in Iraq and Afghanistan during the reporting 
     period; and
       ``(B) the plans of the departments and agency for 
     strengthening interagency coordination of contracts in Iraq 
     and Afghanistan or in future contingency operations, 
     including plans related to the common databases identified 
     under section 861(b)(4).
       ``(3) Reporting period.--A report under this subsection 
     shall cover a period of not less than 12 months.
       ``(4) 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. If the total annual amount of 
     obligations for contracts in Iraq and Afghanistan combined is 
     less than $250 million for the reporting period, for the 
     departments and agency combined, the Secretaries and the 
     Administrator may submit a letter documenting this in place 
     of a report.
       ``(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 shall review the joint report and 
     interagency coordination of contracting in Iraq and 
     Afghanistan 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) review how the Department of Defense, the Department 
     of State, and the United States Agency for International 
     Development are using the data contained in the common 
     databases identified under section 861(b)(4) in managing, 
     overseeing, and coordinating contracting in Iraq and 
     Afghanistan; and
       ``(B) assess the plans of the departments and agency for 
     strengthening interagency coordination of contracts in Iraq 
     and Afghanistan or in future contingency operations, 
     particularly any plans related to the common databases 
     identified under section 861(b)(4).
       ``(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).''.

     SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW AND REPORT 
                   ON CONTRACTING IN IRAQ AND AFGHANISTAN.

       Section 863 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 258; 10 
     U.S.C. 2302 note) is amended by striking ``2010'' in 
     subsection (a)(3) and inserting ``2011''.

     SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COVERED 
                   SUBSIDIES ON ACQUISITION OF KC-45 AIRCRAFT.

       (a) Interim Report.--The Secretary of Defense shall submit 
     to the congressional defense committees an interim report on 
     any review of a covered subsidy initiated pursuant to 
     subsection (a) of section 886 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4561) not later than 60 days after the 
     date of the initiation of the review.
       (b) Report Contents.--The report required by subsection (a) 
     shall contain detailed findings relating to the impact of the 
     covered subsidy that led to the initiation of the review on 
     the source selection process for the KC-45 Aerial Refueling 
     Aircraft Program or any successor to such program and whether 
     the covered subsidy would provide an unfair competitive 
     advantage to any bidder in the source selection process.

     SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION AND 
                   DEVELOPMENT SYSTEM.

       (a) Independent Analyses.--
       (1) In general.--A comprehensive analysis of the Joint 
     Capabilities Integration and Development System shall be 
     independently performed by each of the following:
       (A) The Secretary of Defense.
       (B) A federally funded research and development center 
     selected by the Secretary of Defense.
       (2) Matters covered.--Each such analysis shall--
       (A) evaluate the entire Joint Capabilities Integration and 
     Development System and the problems associated with it, with 
     particular emphasis on the problems relating to the length of 
     time and the costs involved in identifying, assessing, and 
     validating joint military capability needs; and
       (B) identify the best solutions to the problems evaluated 
     under subparagraph (A) and develop recommendations to carry 
     out those solutions.
       (3) Reports.--Not later than six months 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) a report by the Secretary on the analysis performed by 
     the Secretary under paragraph (1), with particular emphasis 
     on continuous process improvement; and
       (B) a report by the federally funded research and 
     development center selected under paragraph (1)(B) on the 
     analysis performed by the center under paragraph (1), 
     together with such comments as the Secretary considers 
     necessary on the report.
       (b) Implementation.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense--
       (A) shall develop and begin implementing a plan to address 
     the problems with the Joint Capabilities Integration and 
     Development System, taking into account the recommendations 
     developed in the analyses required under subsection (a) and 
     as part of a program to manage performance in establishing 
     joint military requirements; and
       (B) shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the plan, 
     including, at a minimum, a timeline, objectives, milestones, 
     and projected resource requirements.
       (2) Report format.--The report required under paragraph 
     (1)(B) may be included as part of any report relating to a 
     program to manage performance in establishing joint military 
     requirements.

                       Subtitle D--Other Matters

     SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUISITION 
                   CHALLENGE PROGRAM.

       Section 2359b(k) of title 10, United States Code, is 
     amended by striking ``2012'' and inserting ``2017''.

     SEC. 832. 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, a 
     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. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN 
                   PROCUREMENT OF PRODUCTS AND SERVICES.

       (a) Consideration of Sustainable Practices.--
       (1) In general.--The Secretary of Defense shall develop and 
     issue guidance directing the Secretary of each military 
     department and the head of each defense agency to consider 
     sustainable practices in the procurement of products and 
     services. Such guidance shall ensure that strategies for 
     acquiring products or services to meet departmental or agency 
     performance requirements favor products or services described 
     in paragraph (2) if such products or services can be acquired 
     on a life cycle cost-neutral basis.
       (2) Products or services.--A product or service described 
     in this paragraph is a product or service that is energy-
     efficient, water-efficient, biobased, environmentally 
     preferable, non-ozone-depleting, contains recycled content, 
     is non-toxic, or is less toxic than alternative products or 
     services.

[[Page H3936]]

       (b) Exception.--Subsection (a) does not apply to the 
     acquisition of weapon systems or components of weapon 
     systems.

     SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NATIONAL 
                   SECURITY.

       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.''.

     SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL RARE EARTH 
                   MATERIALS FOR DEFENSE APPLICATIONS.

       (a) Assessment Required.--The Secretary of Defense shall 
     undertake an assessment of the supply chain for rare earth 
     materials and determine which, if any, rare earth materials 
     are strategic materials and which rare earth materials are 
     materials critical to national security. For the purposes of 
     the assessment--
       (1) the Secretary may consider the views of other Federal 
     agencies, as appropriate;
       (2) any study conducted by the Director, Industrial Policy 
     during fiscal year 2010 may be considered as partial 
     fulfillment of the requirements of this section;
       (3) any study conducted by the Comptroller General of the 
     United States during fiscal year 2010 may be considered as 
     partial fulfillment of the requirements of this section; and
       (4) the Secretary shall consider the sources of rare earth 
     materials (both in terms of source nations and number of 
     vendors) including rare earth elements, rare earth metals, 
     rare earth magnets, and other components containing rare 
     earths.
       (b) Plan.--In the event that the Secretary determines that 
     a rare earth material is a strategic material or a material 
     critical to national security, the Secretary shall develop a 
     plan to ensure the long-term availability of such rare earth 
     material, with a goal of establishing domestic sources of 
     such material by December 31, 2015. In developing the plan, 
     the Secretary shall consider all relevant components of the 
     value-chain, including mining, processing, refining, and 
     manufacturing. The plan shall include consideration of 
     numerous options 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 domestic sources 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 and potential mechanisms to increase the 
     availability of such financing;
       (4) the benefits, if any, of Defense Production Act funding 
     to support the establishment of a domestic rare earth 
     manufacturing capability for military components;
       (5) funding for research and development of any aspect of 
     the rare earth supply-chain;
       (6) any other risk mitigation method determined appropriate 
     by the Secretary that is consistent with the goal of 
     establishing domestic sources by December 31, 2015; and
       (7) for components of the rare earth material supply-chain 
     for which no other risk mitigation method, in accordance with 
     paragraphs (1) through (6), will ensure the establishment of 
     a domestic source 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 under 
     subsection (a) and the plan (if any) 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 Financial Services and the Committee 
     on Ways and Means of the House of Representatives.
       (C) The Committee on Finance and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate.
       (d) Definitions.--In this section:
       (1) Strategic material.--The term ``strategic material'' 
     means a material--
       (A) which is essential for military equipment;
       (B) which is unique in the function it performs; and
       (C) for which there are no viable alternatives.
       (2) Materials critical to national security.--The term 
     ``materials critical to national security'' has the meaning 
     provided by section 187(e) of title 10, United States Code, 
     as amended by section 827 of this Act.

     SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO 
                   COMPETITION.

       (a) Review Required.--The Secretary of Defense shall review 
     the implementation by the Department of Defense of the 
     national security exception to full and open competition 
     provided in section 2304(c)(6) of title 10, United States 
     Code.
       (b) Matters Reviewed.--The review of the implementation 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 of Defense other than such exception that could be 
     applied in such instances.
       (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 of 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.
       (d) Regulations.--
       (1) Requirement.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional committees described in paragraph 
     (2) draft regulations on the implementation of the national 
     security exception to full and open competition provided in 
     section 2304(c)(6) of title 10, United States Code, taking 
     into account the results of the review required by subsection 
     (a).
       (2) Congressional committees.--The congressional committees 
     described in this paragraph are the following:
       (A) The Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (B) The Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.

     SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE REQUIREMENTS OF 
                   THE FEDERAL AWARDEE PERFORMANCE AND INTEGRITY 
                   INFORMATION SYSTEM.

       (a) Inclusion of Bribery in Disclosure Requirements.--
     Section 872(c) 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 paragraph:
       ``(8) To the maximum extent practical, information similar 
     to the information covered by paragraph (1) in connection 
     with any law relating to bribery of a country which is a 
     signatory of the Convention on Combating Bribery of Foreign 
     Public Officials in International Business Transactions, 
     signed at Paris on December 17, 1997.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect not later than 90 days after the date of 
     the enactment of this Act.

     SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES 
                   THAT ARE NOT UNDER FOREIGN OWNERSHIP CONTROL OR 
                   INFLUENCE MITIGATION.

       (a) Requirement.--The Secretary of Defense shall require 
     the directors of a covered entity to establish a government 
     security committee that shall ensure that the covered entity 
     employs and maintains policies and procedures that meet 
     requirements under the national industrial security program.
       (b) Covered Entity.--A covered entity under this section is 
     an entity--
       (1) to which the Department of Defense has granted a 
     facility clearance;
       (2) that is not subject to foreign ownership control or 
     influence mitigation measures; and
       (3) that is a corporation.
       (c) Discretionary Requirement.--The Secretary of Defense 
     may require that the requirement in subsection (a) apply to 
     an entity that meets the elements described in paragraphs (1) 
     and (2) of subsection (b) and is a limited liability company, 
     sole proprietorship, nonprofit corporation, partnership, 
     academic institution, or any other entity holding a facility 
     clearance.
       (d) Guidance.--The Secretary of Defense shall develop 
     implementing guidance for the requirement in subsection (a).
       (e) Government Security Committee.--For the purposes of 
     this section, a government security committee is a 
     subcommittee of a covered entity's board of directors, made 
     up of resident United States citizens, that is responsible 
     for ensuring that the covered entity complies with the 
     requirements of the national industrial security program.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

     SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE 
                   DEPARTMENT OF THE NAVY AND MARINE CORPS.

       (a) Redesignation of the Department of the Navy as the 
     Department of the Navy and Marine Corps.--
       (1) Redesignation of military department.--The military 
     department designated as the Department of the Navy is 
     redesignated as the Department of the Navy and Marine Corps.
       (2) Redesignation of secretary and other statutory 
     offices.--
       (A) Secretary.--The position of the Secretary of the Navy 
     is redesignated as the Secretary of the Navy and Marine 
     Corps.
       (B) Other statutory offices.--The positions of the Under 
     Secretary of the Navy, the four Assistant Secretaries of the 
     Navy, and the General Counsel of the Department of the Navy

[[Page H3937]]

     are redesignated as the Under Secretary of the Navy and 
     Marine Corps, the Assistant Secretaries of the Navy and 
     Marine Corps, and the General Counsel of the Department of 
     the Navy and Marine Corps, respectively.
       (b) Conforming Amendments to Title 10, United States 
     Code.--
       (1) Definition of ``military department''.--Paragraph (8) 
     of section 101(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(8) The term `military department' means the Department 
     of the Army, the Department of the Navy and Marine Corps, and 
     the Department of the Air Force.''.
       (2) Organization of department.--The text of section 5011 
     of such title is amended to read as follows: ``The Department 
     of the Navy and Marine Corps is separately organized under 
     the Secretary of the Navy and Marine Corps.''.
       (3) Position of secretary.--Section 5013(a)(1) of such 
     title is amended by striking ``There is a Secretary of the 
     Navy'' and inserting ``There is a Secretary of the Navy and 
     Marine Corps''.
       (4) Chapter headings.--
       (A) The heading of chapter 503 of such title is amended to 
     read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

       (B) The heading of chapter 507 of such title is amended to 
     read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE 
                                CORPS''.

       (5) Other amendments.--
       (A) Title 10, United States Code, is amended by striking 
     ``Department of the Navy'' and ``Secretary of the Navy'' each 
     place they appear other than as specified in paragraphs (1), 
     (2), (3), and (4) (including in section headings, subsection 
     captions, tables of chapters, and tables of sections) and 
     inserting ``Department of the Navy and Marine Corps'' and 
     ``Secretary of the Navy and Marine Corps'', respectively, in 
     each case with the matter inserted to be in the same typeface 
     and typestyle as the matter stricken.
       (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 
     5032(a), and 5042(a) of such title are amended by striking 
     ``Assistant Secretaries of the Navy'' and inserting 
     ``Assistant Secretaries of the Navy and Marine Corps''.
       (ii) The heading of section 5016 of such title, and the 
     item relating to such section in the table of sections at the 
     beginning of chapter 503 of such title, are each amended by 
     inserting ``and Marine Corps'' after ``of the Navy'', with 
     the matter inserted in each case to be in the same typeface 
     and typestyle as the matter amended.
       (c) Other Provisions of Law and Other References.--
       (1) Title 37, united states code.--Title 37, United States 
     Code, is amended by striking ``Department of the Navy'' and 
     ``Secretary of the Navy'' each place they appear and 
     inserting ``Department of the Navy and Marine Corps'' and 
     ``Secretary of the Navy and Marine Corps'', respectively.
       (2) Other references.--Any reference in any law other than 
     in title 10 or title 37, United States Code, or in any 
     regulation, document, record, or other paper of the United 
     States, to the Department of the Navy shall be considered to 
     be a reference to the Department of the Navy and Marine 
     Corps. Any such reference to an office specified in 
     subsection (b)(2) shall be considered to be a reference to 
     that officer as redesignated by that section.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month beginning more than 60 days after the date of the 
     enactment of this Act.

     SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUCTURE OF THE 
                   OFFICE OF THE SECRETARY OF DEFENSE TO CARRY OUT 
                   THE REDUCTION REQUIRED BY LAW IN THE NUMBER OF 
                   DEPUTY UNDER SECRETARIES OF DEFENSE.

       (a) Redesignation of Certain Positions in the Office of the 
     Secretary of Defense.--Positions in the Office of the 
     Secretary of Defense of the Department of Defense are hereby 
     redesignated as Assistant Secretaries of Defense as follows:
       (1) The Director of Defense Research and Engineering is 
     redesignated as the Assistant Secretary of Defense for 
     Research and Engineering.
       (2) The Director of Operational Energy Plans and Programs 
     is redesignated as the Assistant Secretary of Defense for 
     Operational Energy Plans and Programs.
       (3) The Director of Cost Assessment and Program Evaluation 
     is redesignated as the Assistant Secretary of Defense for 
     Cost Assessment and Program Evaluation.
       (4) 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.
       (b) Amendments to Chapter 4 of Title 10 Relating to 
     Realignment.--Chapter 4 of title 10, United States Code, is 
     amended as follows:
       (1) Repeal of separate deputy under secretary provisions.--
     The following sections are repealed: section 133a, 134a, and 
     136a.
       (2) Components of osd.--Section 131(b) 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) The Principal Deputy Under Secretaries of Defense.
       ``(5) The Assistant Secretaries of Defense.
       ``(6) Other officers who are appointed by the President, by 
     and with the advice and consent of the Senate, as follows:
       ``(A) The Director of Operational Test and Evaluation.
       ``(B) The General Counsel of the Department of Defense.
       ``(C) The Inspector General of the Department of Defense.
       ``(7) Other officials provided for by law, as follows:
       ``(A) 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.
       ``(B) The official designated under section 2228(a)(2) of 
     this title to have responsibility for Department of Defense 
     policy related to the prevention and mitigation of corrosion 
     of the military equipment and infrastructure of the 
     Department of Defense and for directing the activities of the 
     Office of Corrosion Policy and Oversight.
       ``(C) The officials designated under subsections (a) and 
     (b) of section 2438(a) of this title to have responsibility, 
     respectively, for developmental test and evaluation and for 
     systems engineering.
       ``(D) The official designated under section 2438a(a) of 
     this title to have responsibility for conducting and 
     overseeing performance assessments and root cause analyses 
     for major defense acquisition programs.
       ``(E) The Director of Small Business Programs, provided for 
     under section 2508 of this title.
       ``(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 is amended--
       (A) in subsections (a)(1), (b), and (d), by striking 
     ``Deputy Under'' each place it appears 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) by striking ``One of the Deputy'' in paragraphs (1), 
     (2), (3), (4), and (5) and inserting ``One of the Principal 
     Deputy'';
       (ii) by striking ``appointed'' and all that follows through 
     ``this title'' in paragraphs (1), (2), and (3);
       (iii) by striking ``shall be'' in paragraphs (4) and (5) 
     and inserting ``is''; and
       (iv) by adding at the end of paragraph (5) the following 
     new sentence: ``Any individual nominated for appointment as 
     the Principal Deputy Under Secretary of Defense for 
     Intelligence shall have extensive intelligence expertise.''; 
     and
       (D) by adding at the end of subsection (d) the following 
     new sentence: ``The Principal Deputy Under Secretaries take 
     precedence among themselves in the order prescribed by the 
     Secretary of Defense.''.
       (4) Assistant secretaries of defense.--Section 138 is 
     amended--
       (A) in subsection (a)--
       (i) by striking ``12'' and inserting ``17''; and
       (ii) by striking ``(A) The'' and all that follows through 
     ``The other'' and inserting ``The'';
       (B) in subsection (b)--
       (i) by striking ``shall be'' in paragraphs (2), (3), (4), 
     (5), and (6) and inserting ``is'';
       (ii) by striking ``appointed pursuant to section 138a of 
     this title'' in paragraph (7); 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 Cost Assessment and Program 
     Evaluation. In addition to any duties and powers prescribed 
     under paragraph (1), the Assistant Secretary of Defense for 
     Cost Assessment and Program Evaluation shall have the duties 
     specified in section 138d of this title.
       ``(11) 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 138e 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, and 
     the Principal Deputy Under Secretaries of Defense''.
       (5) Assistant secretary for logistics and materiel 
     readiness.--Section 138a(a) is amended--

[[Page H3938]]

       (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 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'' and inserting ``Assistant Secretary 
     of Defense for''; and
       (D) in subsection (b), as so redesignated--
       (i) in paragraph (1), by striking ``Director of Defense 
     Research and Engineering, in consultation with the Director 
     of Developmental Test and Evaluation'' and inserting 
     ``Assistant Secretary of Defense for Research and 
     Engineering, in consultation with the official designated 
     under section 2438(a) of this title to have responsibility 
     for developmental test and evaluation functions''; and
       (ii) in paragraph (2), by striking ``Director'' and 
     inserting ``Assistant Secretary''.
       (7) Assistant secretary for operational energy plans and 
     programs.--Section 139b 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 cost assessment and program 
     evaluation.--Section 139c is transferred so as to appear 
     after section 138c (as transferred and redesignated 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--
       (i) striking ``Director of'' in paragraph (1) and inserting 
     ``Assistant Secretary of Defense for''; and
       (ii) striking ``Director'' each place it appears in 
     paragraphs (1)(A), (1)(B), and (2) and inserting ``Assistant 
     Secretary'';
       (C) by striking subsection (c) and inserting the following:
       ``(b) Responsibility for Specified Functions.--There shall 
     be within the office of the Assistant Secretary the 
     following:
       ``(1) An official with primary responsibility for cost 
     assessment.
       ``(2) An official with primary responsibility for program 
     evaluation.''; and
       (D) by redesignating subsection (d) as subsection (c) and 
     in that subsection striking ``Director of'' in the matter 
     preceding paragraph (1) and inserting ``Assistant Secretary 
     of Defense for''.
       (9) Assistant secretary for nuclear, chemical, and 
     biological defense programs.--Section 142 is transferred so 
     as to appear after section 138d (as redesignated and 
     transferred by paragraph (8)), redesignated as section 138e, 
     and amended--
       (A) by striking subsection (a);
       (B) by striking ``(b) 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).
       (c) Other Amendments to Chapter 4 of Title 10.--Chapter 4 
     of title 10, United States Code, is further amended as 
     follows:
       (1) Office of the secretary of defense.--Section 131(a) is 
     amended by striking ``his'' and inserting ``the 
     Secretary's''.
       (2) Deputy secretary.--Section 132 is amended by striking 
     the second sentence of subsection (c).
       (3) Deputy chief management officer.--Such chapter is 
     further amended by inserting after section 132 the following 
     new section:

     ``Sec. 132a. Deputy Chief Management Officer

       ``(a) 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) 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) 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.''.
       (4) Under secretary of defense (comptroller).--Section 
     135(c) is amended by striking ``clauses'' and inserting 
     ``paragraphs''.
       (d) Repeal of Position Titles Specified by Law for 
     Statutory Positions Relating to Developmental Test and 
     Evaluation and Systems Engineering.--
       (1) Transfer of section from chapter 4 to programmatic 
     chapter.--Section 139d of title 10, United States Code, is 
     transferred to chapter 144, inserted after section 2437, and 
     redesignated as section 2438.
       (2) Director of developmental test and evaluation.--
     Subsection (a) of such section is amended--
       (A) by striking ``(a) Director of'' and all that follows 
     through paragraph (3) and inserting the following:
       ``(a) Developmental Test and Evaluation.--
       ``(1) Designation of responsible official.--The Secretary 
     of Defense shall designate, from among individuals with 
     expertise in test and evaluation, an official to be 
     responsible to the Secretary and the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics for 
     developmental test and evaluation in the Department of 
     Defense.
       ``(2) Supervision.--The official designated under paragraph 
     (1) shall report directly to an official of the Department 
     appointed from civilian life by the President, by and with 
     the advice and consent of the Senate.'';
       (B) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (3), (4), (5), and (6), respectively;
       (C) in paragraph (3), as so redesignated, by striking 
     Director of systems engineering'' and all that follows 
     through ``Director of Systems Engineering'' and inserting 
     ``Systems engineering.--The official designated under 
     paragraph (1) shall closely coordinate with the official 
     designated under subsection (b)'';
       (D) in paragraph (4), as so redesignated, by striking 
     ``Director'' in the matter preceding subparagraph (A) and 
     inserting ``official designated under paragraph (1)'';
       (E) in paragraph (5), as so redesignated--
       (i) by striking ``Director has'' and inserting ``official 
     designated under paragraph (1) has'';
       (ii) by striking ``Director considers'' and inserting 
     ``designated official considers''; and
       (iii) by striking ``the Director's duties'' and inserting 
     ``that official's duties''; and
       (F) in paragraph (6), as so redesignated, by striking 
     ``serving as the Director of Developmental Test and 
     Evaluation'' and inserting ``official designated under 
     paragraph (1)''.
       (3) Director of systems engineering.--Subsection (b) of 
     such section is amended--
       (A) by striking ``(b) Director of'' and all that follows 
     through paragraph (3) and inserting the following:
       ``(b) Systems Engineering.--
       ``(1) Designation of responsible official.--The Secretary 
     of Defense shall designate, from among individuals with 
     expertise in systems engineering, an official to be 
     responsible to the Secretary and the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics for 
     systems engineering and development planning in the 
     Department of Defense.
       ``(2) Supervision.--The official designated under paragraph 
     (1) shall report directly to an official of the Department 
     appointed from civilian life by the President, by and with 
     the advice and consent of the Senate.'';
       (B) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (3), (4), and (5), respectively;
       (C) in paragraph (3), as so redesignated, by striking 
     ``Director of developmental test and evaluation'' and all 
     that follows through ``Director of Developmental Test And 
     Evaluation'' and inserting ``Developmental test and 
     evaluation.--The official designated under paragraph (1) 
     shall closely coordinate with the official designated under 
     subsection (a)'';
       (D) in paragraph (4), as so redesignated, by striking 
     ``Director'' in the matter preceding subparagraph (A) and 
     inserting ``official designated under paragraph (1)''; and
       (E) in paragraph (5), as so redesignated--
       (i) by striking ``Director shall'' and inserting ``official 
     designated under paragraph (1) shall'';
       (ii) by striking ``Director considers'' and inserting 
     ``designated official considers''; and
       (iii) by striking ``the Director's duties'' and inserting 
     ``that official's duties''.
       (4) Joint annual report.--Subsection (c) of such section is 
     amended in the matter preceding paragraph (1)--
       (A) by striking ``beginning in 2010,'';
       (B) by striking ``Director of Developmental Test and 
     Evaluation and the Director of Systems Engineering'' and 
     inserting ``officials designated under subsections (a) and 
     (b)'';
       (C) by striking ``subsections (a) and (b)'' and inserting 
     ``those subsections''; and
       (D) by inserting ``such'' after ``Each''.
       (5) Joint guidance.--Subsection (d) of such section is 
     amended in the matter preceding paragraph (1)--
       (A) by striking ``Director of Developmental Test and 
     Evaluation and the Director of Systems Engineering'' and 
     inserting ``officials designated under subsections (a) and 
     (b)''; and
       (B) by striking ``section 103 of the Weapon Systems 
     Acquisition Reform Act of 2009'' and inserting ``section 
     2438a of this title''.
       (6) Repeal of redundant definition.--Subsection (e) of such 
     section is repealed.
       (e) Codification of Section 103 of Weapon Systems 
     Acquisition Reform Act of 2009.--
       (1) Codification.--Chapter 144 of title 10, United States 
     Code, is amended by inserting after section 2438 (as 
     transferred and redesignated by subsection (d)), a new 
     section 2438a consisting of--
       (A) a section heading as follows:

     ``Sec. 2438a. Performance assessments and root cause 
       analyses''; and

       (B) a text consisting of the text of section 103 of the 
     Weapon Systems Acquisition Reform Act of 2009 (Public Law 
     111-23; 123 Stat. 1715; 10 U.S.C. 2430 note), modified as 
     specified in paragraph (2).
       (2) Technical amendments due to codification.--The 
     modifications referred to in paragraph (1)(B) to the text 
     specified in that paragraph are--
       (A) in subsection (b)(2), by striking ``section 2433a(a)(1) 
     of title 10, United States Code (as

[[Page H3939]]

     added by section 206(a) of this Act)'' and inserting 
     ``section 2433a(a)(1) of this title'';
       (B) in subsection (b)(5)--
       (i) by striking ``section 2433a of title 10, United States 
     Code (as so added)'' and inserting ``section 2433a of this 
     title''; and
       (ii) by striking ``prior to'' both places it appears and 
     inserting ``before'';
       (C) in subsection (d), by striking ``section 2433a of title 
     10, United States Code (as so added)'' and inserting 
     ``section 2433a of this title''; and
       (D) in subsection (f), by striking ``beginning in 2010,''.
       (f) Transfer of Section Providing for Director of Small 
     Business Programs.--Section 144 of title 10, United States 
     Code, is transferred to chapter 148, inserted after section 
     2507, and redesignated as section 2508.
       (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) Repeal of Statutory Requirement for Director of Office 
     for Corrosion Policy and Oversight in OSD.--Section 2228 of 
     title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking the subsection heading and inserting the 
     following: ``Office of Corrosion Policy and Oversight and 
     Designation of Responsible Official'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) The Secretary of Defense shall designate, from among 
     civilian employees of the Department of Defense with the 
     qualifications described in paragraph (4), an official to be 
     responsible to the Secretary of Defense and the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics for the prevention and mitigation of corrosion of 
     the military equipment and infrastructure of the Department 
     of Defense and for directing the activities of the Office of 
     Corrosion Policy and Oversight.'';
       (C) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (D) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The official designated under paragraph (2) shall 
     report directly to the Principal Deputy Under Secretary of 
     Defense for Acquisition, Technology, and Logistics.''.
       (E) in paragraph (4), as so redesignated, by striking 
     ``assigned to the position of Director'' and inserting 
     ``designated under paragraph (2)''; and
       (F) in paragraph (5), as so redesignated, by striking ``of 
     Director'' and inserting ``held by the official designated 
     under paragraph (2)'';
       (2) in subsection (b)--
       (A) by striking ``Director of Corrosion Policy and 
     Oversight (in this section referred to as the `Director')'' 
     in paragraph (1) and inserting ``official designated under 
     subsection (a)(2)''; and
       (B) by striking ``Director'' in paragraphs (2), (3), (4), 
     and (5) and inserting ``designated official'';
       (3) in subsection (c), by striking ``Additional 
     Authorities'' and all that follows through ``authorized to--
     '' and inserting ``Additional Duties.--The official 
     designated under subsection (a) shall --''; and
       (4) in subsection (e), by striking ``beginning with the 
     budget for fiscal year 2009,''.
       (i) Repeal of Statutory Limitation on Number of Deputy 
     Under Secretaries of Defense.--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 
     repealed.
       (j) Conforming Amendments to Title 10.--Title 10, United 
     States Code, is amended as follows:
       (1) The following sections are amended by striking 
     ``Director of Cost Assessment and Program Evaluation'' and 
     inserting ``Assistant Secretary of Defense for Cost 
     Assessment and Program Evaluation'': sections 181(d), 
     2306b(i)(1)(B), 2366a(a)(4), 2366a(a)(5), 2366b(a)(1)(C), 
     2433a(a)(2), 2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3).
       (2) Section 179(c) is amended--
       (A) by striking ``Assistant to the Secretary of Defense for 
     Nuclear and Chemical and Biological Defense Programs'' in 
     paragraphs (2) and (3) and inserting ``Assistant Secretary of 
     Defense for Nuclear, Chemical, and Biological Defense 
     Programs''; and
       (B) by striking ``to the'' in paragraph (3).
       (3) Section 2272 is amended by striking ``Director of 
     Defense Research and Engineering'' each place it appears and 
     inserting ``Assistant Secretary of Defense for Research and 
     Engineering''.
       (4) Section 2334 is amended--
       (A) by striking ``Director of Cost Assessment and Program 
     Evaluation'' each place it appears and inserting ``Assistant 
     Secretary of Defense for Cost Assessment and Program 
     Evaluation''; and
       (B) by striking ``Director'' each place it appears (other 
     than as specified in subparagraph (A)) and inserting 
     ``Assistant Secretary''.
       (5) Section 2365 is amended--
       (A) in subsection (a), by striking ``Director of Defense 
     Research and Engineering'' and inserting ``Assistant 
     Secretary of Defense for Research and Engineering'';
       (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''.
       (6) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 
     2517(a) are amended by striking ``Director of Defense 
     Research and Engineering'' and inserting ``Assistant 
     Secretary of Defense for Research and Engineering''.
       (7) Section 2902(b) 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) Other Conforming Amendments.--
       (1) 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''.
       (2) Section 201(d) of the Weapon Systems Acquisition Reform 
     Act of 2009 (10 U.S.C. 181 note) is amended--
       (A) by striking ``The Director of Cost Assessment and 
     Program Evaluation'' and inserting ``The Assistant Secretary 
     of Defense for Cost Assessment and Program Evaluation''; and
       (B) by striking ``the Director'' and inserting ``the 
     Assistant Secretary''.
       (l) Section Heading and Clerical Amendments.--
       (1) Section heading amendments.--Title 10, United States 
     Code, is amended as follows:
       (A) The heading of section 137a is amended to read as 
     follows:

     ``Sec. 137a. Principal Deputy Under Secretaries of Defense''.

       (B) The heading of section 138b, 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, 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, as transferred and 
     redesignated by subsection (b)(8), is amended to read as 
     follows:

[[Page H3940]]

     ``Sec. 138d. Assistant Secretary of Defense for Cost 
       Assessment and Program Evaluation''.

       (E) The heading of section 138e, as transferred and 
     redesignated by subsection (b)(9), is amended to read as 
     follows:

     ``Sec. 138e. Assistant Secretary of Defense for Nuclear, 
       Chemical, and Biological Defense Programs''.

       (F) The heading of section 2228 is amended to read as 
     follows:

     ``Sec. 2228. Military equipment and infrastructure: 
       prevention and mitigation of corrosion''.

       (G) The heading of section 2438 is amended to read as 
     follows:

     ``Sec. 2438. Developmental test and evaluation; systems 
       engineering: designation of responsible officials; joint 
       guidance''.

       (2) Clerical amendments.--Title 10, United States Code, is 
     further amended as follows:
       (A) The table of sections at the beginning of chapter 4 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 amending the item relating to section 137a to read 
     as follows:

``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 Cost Assessment and Program 
              Evaluation.
``138e. Assistant Secretary of Defense for Nuclear, Chemical, and 
              Biological Defense Programs.''; and
       (v) by striking the items relating to sections 139a, 139b, 
     139c, 139d, 142, and 144.
       (B) The item relating to section 2228 in the table of 
     sections at the beginning of chapter 131 is amended to read 
     as follows:

``2228. Military equipment and infrastructure: prevention and 
              mitigation of corrosion.''.
       (C) The table of sections at the beginning of chapter 144 
     is amended by inserting after the item relating to section 
     2437 the following new items:

``2438. Developmental test and evaluation; systems engineering: 
              designation of responsible officials; joint guidance.
``2438a. Performance assessments and root cause analyses.''.
       (D) The table of sections at the beginning of subchapter II 
     of chapter 148 is amended by inserting after the item 
     relating to section 2507 the following new item:

``2508. Director of Small Business Programs.''.
       (m) Executive Schedule Amendments.--Chapter 53 of title 5, 
     United States Code, is amended as follows:
       (1) Number of assistant secretary of defense positions.--
     Section 5315 is amended by striking ``Assistant Secretaries 
     of Defense (12)'' and inserting ``Assistant Secretaries of 
     Defense (17)''.
       (2) Positions redesignated as assistant secretary 
     positions.--
       (A) Section 5315 is further amended--
       (i) by striking ``Director of Cost Assessment and Program 
     Evaluation, Department of Defense.''; and
       (ii) by striking ``Director of Defense Research and 
     Engineering.''.
       (B) Section 5316 is amended by striking ``Assistant to the 
     Secretary of Defense for Nuclear and Chemical and Biological 
     Defense Programs.''.
       (3) Amendments to delete references to positions in senior 
     executive service.--Section 5316 is further amended--
       (A) by striking ``Director, Defense Advanced Research 
     Projects Agency, Department of Defense.'';
       (B) by striking ``Deputy General Counsel, Department of 
     Defense.'';
       (C) by striking ``Deputy Under Secretaries of Defense for 
     Research and Engineering, Department of Defense (4).''; and
       (D) by striking ``Special Assistant to the Secretary of 
     Defense.''.
       (n) References in Other Laws, etc.--Any reference in any 
     provision or law other than title 10, United States Code, or 
     in any rule, regulation, or other paper of the United States, 
     to any of the offices of the Department of Defense 
     redesignated by subsection (a) shall be treated as referring 
     to that office as so redesignated.
       (o) Effective Date.--The provisions of this section and the 
     amendments made by this section shall take effect on January 
     1, 2011, or on such earlier date for any of such provisions 
     as may be prescribed by the Secretary of Defense. If the 
     Secretary prescribes an earlier date for any of those 
     provisions or amendments, the Secretary shall notify Congress 
     in writing in advance of such date.

     SEC. 903. UNIFIED MEDICAL COMMAND.

       (a) Assistant Secretary of Defense.--Section 138(b) of 
     title 10, United States Code, as amended by section 902, is 
     further amended by adding at the end the following new 
     paragraph:
       ``(12) One of the Assistant Secretaries is the Assistant 
     Secretary of Defense for Health Affairs. In addition to any 
     duties and powers prescribed under paragraph (1), the 
     principal duty of the Assistant Secretary of Defense for 
     Health Affairs is the overall supervision (including 
     oversight of policy and resources) of all health affairs and 
     medical activities of the Department of Defense. The 
     Assistant Secretary of Defense for Health Affairs is the 
     principal civilian adviser to the Secretary of Defense on 
     health affairs and medical matters and, after the Secretary 
     and Deputy Secretary, is the principal health affairs and 
     medical official within the senior management of the 
     Department of Defense.''.
       (b) Unified Combatant Command.--
       (1) In general.--Chapter 6 of such title is amended by 
     inserting after section 167a the following new section:

     ``Sec. 167b. Unified combatant command for medical operations

       ``(a) Establishment.--With the advice and assistance of the 
     Chairman of the Joint Chiefs of Staff, the President, through 
     the Secretary of Defense, may establish under section 161 of 
     this title a unified command for medical operations 
     (hereinafter in this section referred to as the `unified 
     medical command'). The principal function of the command is 
     to provide medical services to the armed forces and other 
     health care beneficiaries of the Department of Defense as 
     defined in chapter 55 of this title.
       ``(b) Assignment of Forces.--In establishing the unified 
     medical command under subsection (a), all active military 
     medical treatment facilities, training organizations, and 
     research entities of the armed forces shall be assigned to 
     such unified command, unless otherwise directed by the 
     Secretary of Defense.
       ``(c) Grade of Commander.--The commander of the unified 
     medical command shall hold the grade of general or, in the 
     case of an officer of the Navy, admiral while serving in that 
     position, without vacating his permanent grade. The commander 
     of such command shall be appointed to that grade by the 
     President, by and with the advice and consent of the Senate, 
     for service in that position. The commander of such command 
     shall be a member of a health profession described in 
     paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 
     of title 37. During the five-year period beginning on the 
     date on which the Secretary establishes the command under 
     subsection (a), the commander of such command shall be exempt 
     from the requirements of section 164(a)(1) of this title.
       ``(d) Subordinate Commands.--(1) The unified medical 
     command shall have the following subordinate commands:
       ``(A) A command that includes all fixed military medical 
     treatment facilities, including elements of the Department of 
     Defense that are combined, operated jointly, or otherwise 
     operated in such a manner that a medical facility of the 
     Department of Defense is operating in or with a medical 
     facility of another department or agency of the United 
     States.
       ``(B) A command that includes all medical training, 
     education, and research and development activities that have 
     previously been unified or combined, including organizations 
     that have been designated as a Department of Defense 
     executive agent.
       ``(C) The Defense Health Agency established under 
     subsection (f).
       ``(2) The commander of a subordinate command of the unified 
     medical command shall hold the grade of lieutenant general 
     or, in the case of an officer of the Navy, vice admiral while 
     serving in that position, without vacating his permanent 
     grade. The commander of such a subordinate command shall be 
     appointed to that grade by the President, by and with the 
     advice and consent of the Senate, for service in that 
     position. The commander of such a subordinate command shall 
     also be required to be a surgeon general of one of the 
     military departments.
       ``(e) Authority of Combatant Commander.--(1) In addition to 
     the authority prescribed in section 164(c) of this title, the 
     commander of the unified medical command shall be responsible 
     for, and shall have the authority to conduct, all affairs of 
     such command relating to medical operations activities.
       ``(2) The commander of such command shall be responsible 
     for, and shall have the authority to conduct, the following 
     functions relating to medical operations activities (whether 
     or not relating to the unified medical command):
       ``(A) Developing programs and doctrine.
       ``(B) Preparing and submitting to the Secretary of Defense 
     program recommendations and budget proposals for the forces 
     described in subsection (b) and for other forces assigned to 
     the unified medical command.
       ``(C) Exercising authority, direction, and control over the 
     expenditure of funds--
       ``(i) for forces assigned to the unified medical command;
       ``(ii) for the forces described in subsection (b) assigned 
     to unified combatant commands other than the unified medical 
     command to the extent directed by the Secretary of Defense; 
     and
       ``(iii) for military construction funds of the Defense 
     Health Program.
       ``(D) Training assigned forces.
       ``(E) Conducting specialized courses of instruction for 
     commissioned and noncommissioned officers.
       ``(F) Validating requirements.
       ``(G) Establishing priorities for requirements.
       ``(H) Ensuring the interoperability of equipment and 
     forces.
       ``(I) Monitoring the promotions, assignments, retention, 
     training, and professional military education of medical 
     officers described in paragraph (1), (2), (3), (4), (5), or 
     (6) of section 335(j) of title 37.
       ``(3) The commander of such command shall be responsible 
     for the Defense Health Program, including the Defense Health 
     Program Account established under section 1100 of this title.
       ``(f) Defense Health Agency.--(1) In establishing the 
     unified medical command under subsection (a), the Secretary 
     shall also establish under section 191 of this title a 
     defense agency for health care (in this section referred to 
     as the `Defense Health Agency'), and shall transfer to

[[Page H3941]]

     such agency the organization of the Department of Defense 
     referred to as the TRICARE Management Activity and all 
     functions of the TRICARE Program (as defined in section 
     1072(7)).
       ``(2) The director of the Defense Health Agency shall hold 
     the rank of lieutenant general or, in the case of an officer 
     of the Navy, vice admiral while serving in that position, 
     without vacating his permanent grade. The director of such 
     agency shall be appointed to that grade by the President, by 
     and with the advice and consent of the Senate, for service in 
     that position. The director of such agency shall be a member 
     of a health profession described in paragraph (1), (2), (3), 
     (4), (5), or (6) of section 335(j) of title 37.
       ``(g) Regulations.--In establishing the unified medical 
     command under subsection (a), the Secretary of Defense shall 
     prescribe regulations for the activities of the unified 
     medical command.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 167a the following new item:

``167b. Unified combatant command for medical operations.''.
       (c) Plan, Notification, and Report.--
       (1) Plan.--Not later than March 31, 2011, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a comprehensive plan to establish the unified medical command 
     authorized under section 167b of title 10, United States 
     Code, as added by subsection (b), including any legislative 
     actions the Secretary considers necessary to implement the 
     plan.
       (2) Notification.--The Secretary shall submit to the 
     congressional defense committees written notification of the 
     decision of the Secretary to establish the unified medical 
     command under such section 167b by not later than the date 
     that is 30 days before establishing such command.
       (3) Report.--Not later than 180 days after submitting the 
     notification under paragraph (2), the Secretary shall submit 
     to the congressional defense committees a report on--
       (A) the establishment of the unified medical command; and
       (B) the establishment of the Defense Health Agency under 
     subsection (f) of such section 167b.

                      Subtitle B--Space Activities

     SEC. 911. INTEGRATED SPACE ARCHITECTURES.

       The Secretary of Defense and the Director of National 
     Intelligence shall jointly establish the capability to 
     conduct integrated 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 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 positions (as defined in section 668).

                Subtitle C--Intelligence-Related Matters

     SEC. 921. 5-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. SPACE AND COUNTERSPACE INTELLIGENCE ANALYSIS.

       (a) Designation of Lead Integrator.--
       (1) Designation.--
       (A) In general.--The Director of the Defense Intelligence 
     Agency shall designate a lead integrator for foreign space 
     and counterspace defense intelligence analysis.
       (B) Initial designation.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of the 
     Defense Intelligence Agency shall designate an initial lead 
     integrator under subparagraph (A).
       (2) Notice.--Not later than 30 days after the date on which 
     the Director of the Defense Intelligence Agency designates a 
     lead integrator under paragraph (1)(A), or removes the 
     designation of lead integrator from an individual or 
     organization previously designated under paragraph (1)(A), 
     the Director shall notify the congressional defense 
     committees, the Permanent Select Committee on Intelligence of 
     the House of Representatives, and the Select Committee on 
     Intelligence of the Senate of the designation of such lead 
     integrator or the removal of such designation.
       (b) Authority to Conduct Original Analysis.--The Director 
     of the Defense Intelligence Agency shall authorize a lead 
     integrator designated under subsection (a)(1)(A) to conduct 
     original intelligence analysis and production within the 
     areas of responsibility of such lead integrator.
       (c) Definitions.--In this section:
       (1) Lead integrator.--The term ``lead integrator'' means, 
     with respect to a particular subject matter, an individual or 
     organization with primary responsibility for the review, 
     coordination, and integration of defense intelligence 
     analysis and production related to such subject matter to--
       (A) ensure the development of coherent assessments and 
     intelligence products; and
       (B) manage and consolidate defense intelligence tasking.
       (2) Original intelligence analysis.--The term ``original 
     intelligence analysis'' means the development of knowledge 
     and creation of intelligence materials based on raw data and 
     intelligence reporting.

                       Subtitle D--Other Matters

     SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE UNIFORMED 
                   SERVICES UNIVERSITY OF THE HEALTH SCIENCES.

       Subsection (b) of section 2113a of title 10, United States 
     Code, is amended--
       (1) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) four persons, of which the chairmen and ranking 
     members of the Committees on Armed Services of the Senate and 
     House of Representatives may each appoint one person, 
     respectively;''.

     SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER 
                   INITIATIVE FUND.

       (a) In General.--Section 166a(e)(1) of title 10, United 
     States Code, is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) not more than $10,000,000 may be used for research, 
     development, test and evaluation activities.''.
       (b) Applicability.--The amendments made by this section 
     shall not apply with respect to funds appropriated for a 
     fiscal year before fiscal year 2011.

     SEC. 933. 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. 934. 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) Strategic communications.
       (3) 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. 935. CODIFICATION OF CONGRESSIONAL NOTIFICATION 
                   REQUIREMENT BEFORE PERMANENT RELOCATION OF ANY 
                   UNITED STATES MILITARY UNIT STATIONED OUTSIDE 
                   THE UNITED STATES.

       (a) Codification and Related Report.--Chapter 6 of title 
     10, United States Code, is amended by inserting after section 
     162 the following new section:

     ``Sec. 162a. Congressional notification before permanent 
       relocation of military units stationed outside the United 
       States

       ``(a) Notification Requirement.--The Secretary of Defense 
     shall notify Congress at least 30 days before the permanent 
     relocation of a unit stationed outside the United States.
       ``(b) Elements of Notification.--The notification required 
     by subsection (a) shall include a description of the 
     following:
       ``(1) How relocation of the unit supports the United States 
     national security strategy.
       ``(2) Whether the relocation of the unit will have an 
     impact on any security commitments undertaken by the United 
     States pursuant to any international security treaty, 
     including the North Atlantic Treaty, the Treaty of Mutual 
     Cooperation and Security between the United States and Japan, 
     and the Security Treaty Between Australia, New Zealand, and 
     the United States of America.
       ``(3) How relocation of the unit addresses the current 
     security environment in the affected geographic combatant 
     command's area of responsibility, including United States 
     participation in theater security cooperation activities and 
     bilateral partnership, exchanges, and training exercises.
       ``(4) How relocation of the unit impacts the status of 
     overseas base closure and realignment actions undertaken as 
     part of a global defense posture realignment strategy and the 
     status of development and execution of comprehensive master 
     plans for overseas military main operating bases, forward 
     operating sites, and cooperative security locations of the 
     global defense posture of the United States.
       ``(c) Exceptions.--Subsection (a) does not apply in the 
     case of--
       ``(1) the relocation of a unit deployed to a combat zone; 
     or
       ``(2) the relocation of a unit as the result of closure of 
     an overseas installation at the request of the government of 
     the host nation in the manner provided in the agreement 
     between the United States and the host nation regarding the 
     installation.

[[Page H3942]]

       ``(d) Definitions.--In this section:
       ``(1) Combat zone.--The term `combat zone' has the meaning 
     given that term in section 112(c)(2) of the Internal Revenue 
     Code of 1986.
       ``(2) Geographic combatant command.--The term `geographic 
     combatant command' means a combatant command with a 
     geographic area of responsibility that does not include North 
     America.
       ``(3) Unit.--The term `unit' has the meaning determined by 
     the Secretary of Defense for purposes of this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 162 the following new item:

``162a. Congressional notification before permanent relocation of 
              military units stationed outside the United States.''.
       (c) Repeal of Superceded Notification Requirement.--Section 
     1063 of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 2469; 10 U.S.C. 113 
     note) is repealed.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

       (a) Authority to Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this division for fiscal year 2011 between any such 
     authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--Except as provided in paragraph (3), the 
     total amount of authorizations that the Secretary may 
     transfer under the authority of this section may not exceed 
     $3,500,000,000.
       (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. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT 
                   AGENCIES CONDUCTING COUNTERTERRORISM 
                   ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 
     note), as most recently amended by section 1012 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2441), is further amended by 
     striking ``2010'' and inserting ``2011''.

     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) 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 ``2011''.
       (b) Maximum Amount of Support.--Subsection (e)(2) of such 
     section is amended by striking ``fiscal years 2009 and 2010'' 
     and inserting ``fiscal years 2010 and 2011''.

                Subtitle C--Naval Vessels and Shipyards

     SEC. 1021. 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 ten-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 ten-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 ten-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,

[[Page H3943]]

     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--
       ``(1) is in accordance with section 5062(b) of this title; 
     and
       ``(2) phases the construction of new aircraft carriers 
     during the periods covered by such plan in a manner that 
     minimizes the total cost for procurement for such vessels.
       ``(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 construction 
     schedules and 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, the 
     Secretary of the Navy may not modify the construction 
     schedules submitted in the plan under subsection (a) unless--
       ``(1) the modification is an increase in planned ship 
     construction;
       ``(2) the modification is a realignment of less than one 
     year of construction start dates in the future-years defense 
     plan submitted under section 221 of this title and the 
     Secretary submits to the congressional defense committees a 
     report on such modification, including--
       ``(A) the reasons for realignment;
       ``(B) any increased cost that will be incurred by the Navy 
     because of the realignment; and
       ``(C) an assessment of the effects that the realignment 
     will have on the shipbuilding industrial base, including the 
     secondary supply base; or
       ``(3) the modification is a decrease in the number or type 
     of combatant and support vessels of the Navy and the 
     Secretary submits to the congressional defense committees a 
     report on such modification, including--
       ``(A) 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
       ``(B) 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.''.

     SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING OF NAVAL 
                   VESSELS.

       (a) Notice of Decommissioning.--The Secretary of the Navy 
     may not decommission any battle force vessel of the active 
     fleet of the Navy unless the Secretary provides to the 
     congressional defense committees written notification of such 
     decommissioning in accordance with established procedures.
       (b) Content of Notification.--Any notification provided 
     under subsection (a) shall include each of the following:
       (1) The reasons for the proposed decommissioning of the 
     vessel.
       (2) An analysis of the effect the decommissioning would be 
     likely to have on the deployment schedules of other vessels 
     in the same class as the vessel proposed to be 
     decommissioned.
       (3) A certification from the Chairman of the Joint Chiefs 
     of Staff that the decommissioning of the vessel will not 
     adversely affect the requirements of the combatant commanders 
     to fulfill missions critical to national security.
       (4) Any budgetary implications associated with retaining 
     the vessel in commission, expressed for each applicable 
     appropriation account.

     SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY BATTLE FORCE 
                   FLEET.

       (a) Limitation on Decommissioning.--Until the number of 
     vessels in the battle force fleet of the Navy reaches 313 
     vessels, the Secretary of the Navy shall not decommission, in 
     fiscal year 2011 or any subsequent fiscal year, more than 
     two-thirds of the number of vessels slated for commissioning 
     into the battle force fleet for that fiscal year.
       (b) Treatment of Submarines.--For purposes of subsection 
     (a), submarines of the battle force fleet slated for 
     decommissioning for any fiscal year shall not count against 
     the number of vessels the Secretary of the Navy is required 
     to maintain for that fiscal year.

     SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL VESSELS.

       The Secretary of the Navy shall retain the vessels the 
     U.S.S. Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), in a 
     commissioned and operational status, until the delivery to 
     the Navy of the vessels the U.S.S. America (LHA 6) and the 
     vessel designated as LHA 7, respectively.

                      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.

       (a) Releases.--During the period beginning on October 1, 
     2010, and ending on December 31, 2011, the Secretary of 
     Defense may not use any of the amounts authorized to be 
     appropriated in this Act or otherwise available to the 
     Department of Defense to release into the United States, its 
     territories, or possessions, any individual described in 
     subsection (d).
       (b) Transfers.--During the period beginning on October 1, 
     2010, and ending on December 31, 2011, the Secretary of 
     Defense may not use any of the amounts authorized to be 
     appropriated in this Act or otherwise available to the 
     Department of Defense to transfer any individual described in 
     subsection (d) to the United States, its territories, or 
     possessions, until 120 days after the President has submitted 
     to the congressional defense committees the plan described in 
     section 1041(c) of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2454).
       (c) Consultation Required.--The President shall consult 
     with the chief executive of the State, the District of 
     Columbia, or the territory or possession of the United States 
     to which the disposition in section 1041(c)(2) of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-81; 123 Stat. 2454) includes transfer to that 
     State, District of Columbia, or territory or possession.
       (d) Individuals Described.--An individual described in this 
     subsection is any individual who is located at United States 
     Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, 
     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.

     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.--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, to 
     any other foreign country, or to 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.
       (b) Certification.--The certification described in this 
     subsection is a written certification made by the Secretary 
     of Defense, with 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.--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 of the 
     individual's country of origin, to any other foreign country, 
     or to 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.

[[Page H3944]]

       (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.
       (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 standoff distances for buildings.
       (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--
       (A) information from the intelligence or law enforcement 
     community regarding possible contacts with 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) personnel records or other derogatory information 
     regarding potentially suspicious activities.
       (8) Any legislative changes recommended for implementing 
     the recommendations contained in the review.
       (c) Interim Report.--Not later than March 1, 2011, the 
     Secretary of Defense shall submit an interim report on the 
     comprehensive report required under subsection (a).
       (d) Final Report.--Not later than June 1, 2011, 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.

     SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTATION FUND.

       (a) Establishment of Fund.--Of the amounts authorized to be 
     appropriated under section 301(5), the Secretary of Defense 
     shall deposit $100,000,000 into a fund to be known as the 
     ``Fort Hood Follow-on Review Implementation Fund''. Amounts 
     deposited in the Fund shall be available to the Secretary to 
     address the recommendations contained in the review known as 
     the ``Fort Hood Follow-on Review''.
       (b) Transfer Authority.--
       (1) Transfers authorized.--Amounts in the Fort Hood Follow-
     on Review Implementation Fund may be transferred to any of 
     the following accounts and funds of the Department of Defense 
     for the purpose of addressing any of the recommendations 
     contained the Fort Hood Follow-on Review:
       (A) Military personnel accounts.
       (B) Operation and maintenance accounts.
       (C) Procurement accounts.
       (D) Research, development, test, and evaluation accounts.
       (E) Defense working capital funds.
       (F) Defense Health Program accounts.
       (2) Additional transfer authority.--The transfer authority 
     provided by paragraph (1) is in addition to any other 
     transfer authority available to the Department of Defense.
       (3) Transfers back to the fund.--Upon the Secretary's 
     determination that all or part of the funds transferred from 
     the Fort Hood Follow-on Review Implementation Fund under 
     paragraph (1) are not necessary for the purpose for which 
     such funds were transferred, such funds may be transferred 
     back to the Fund.
       (4) Prior notice to congressional committees.--
       (A) Obligations.--No amount may be obligated from the Fort 
     Hood Follow-on Review Implementation Fund until 30 days after 
     the date on which the Secretary of Defense notifies the 
     congressional defense committees, in writing, of the details 
     of the proposed obligation.
       (B) Transfers.--No amount may be transferred under 
     paragraph (1) until 45 days after the date on which the 
     Secretary of Defense notifies the congressional defense 
     committees, in writing, of the details of the proposed 
     transfer.
       (5) Effect on authorization amounts.--A transfer to any 
     account under paragraph (1) shall be deemed to increase the 
     amount authorized to be appropriated for such account for 
     fiscal year 2011 by an amount equal to the amount so 
     transferred.
       (c) Quarterly Obligation and Expenditure Reports.--Not 
     later than 15 days after the end of each fiscal quarter of 
     fiscal year 2011, the Secretary of Defense shall submit to 
     the congressional defense committees a report on the Fort 
     Hood Follow-on Review Implementation Fund. Such reports shall 
     include explanations of the monthly commitments, obligations, 
     and expenditures of such Fund, expressed by line of action, 
     for the fiscal quarter covered by the report.

     SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE CONDUCT AND 
                   PRACTICES OF LAWYERS REPRESENTING INDIVIDUALS 
                   DETAINED AT NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) In General.--The Inspector General of the Department of 
     Defense shall conduct an investigation of the conduct and 
     practices of lawyers described in subsection (c). In 
     conducting such investigation, the Inspector General shall--
       (1) identify any conduct or practice of such a lawyer that 
     has--

[[Page H3945]]

       (A) interfered with the operations of the Department of 
     Defense at Naval Station, Guantanamo Bay, Cuba, relating to 
     individuals described in subsection (d);
       (B) violated any applicable policy of the Department;
       (C) violated any law within the exclusive investigative 
     jurisdiction of the Inspector General of the Department of 
     Defense; or
       (D) generated any material risk to a member of the Armed 
     Forces of the United States;
       (2) identify any actions taken by the Department to address 
     any conduct or practice identified in paragraph (1); and
       (3) determine whether any such conduct or practice 
     undermines the operations of the Department relating to such 
     individuals.
       (b) Limitation.--The Inspector General of the Department of 
     Defense shall initiate the investigation described in 
     subsection (a) 30 days or later after the date of the 
     enactment of this Act, unless--
       (1) the Secretary of Defense and the Attorney General 
     determine that the investigation described in subsection (a) 
     cannot be performed without interfering with, or otherwise 
     compromising, any related criminal investigation, 
     prosecution, or other legal proceeding; and
       (2) the Secretary of Defense and the Attorney General 
     submit such determination to Congress.
       (c) Lawyers Described.--The lawyers described in this 
     subsection are military and non-military lawyers--
       (1) who represent individuals described in subsection (d) 
     in proceedings relating to petitions for habeas corpus or in 
     military commissions; and
       (2) for whom there is reasonable suspicion that they have 
     engaged in conduct or practices described in subsection 
     (a)(1).
       (d) Individuals Described.--An individual described in this 
     subsection is any individual who is located, or who has been 
     located at any time on or after September 11, 2001, 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 or was--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at the United States Naval 
     Station, Guantanamo Bay, Cuba.
       (e) Report.--Not later than 90 days after the date of the 
     completion of an investigation under subsection (a), the 
     Inspector General shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     describing the results of such investigation.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed as authorizing--
       (1) the public disclosure of information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive Order to be 
     protected from disclosure in the interest of national defense 
     or national security; or
       (C) a part of an ongoing criminal investigation; or
       (2) the Inspector General of the Department of Defense to 
     investigate any matter that is solely within the 
     investigative jurisdiction of another Federal official or 
     entity.

                    Subtitle E--Studies and Reports

     SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RELATED MISHAP 
                   SAFETY INVESTIGATION REPORTS.

       (a) Provision of Briefings.--Not later than 30 days after 
     the submittal of a written request by the chairman and 
     ranking member of any of the congressional defense 
     committees, the Secretary of a military department shall 
     provide to that committee a briefing on the privileged 
     findings, causal factors, and recommendations contained in a 
     specific Department of Defense aerospace-related mishap 
     safety investigation report.
       (b) Briefing Attendance.--A briefing provided under 
     subsection (a) may be attended only by the following 
     individuals:
       (1) The chairman of the congressional defense committee for 
     which the briefing is provided.
       (2) The ranking member of that committee.
       (3) The chairmen and ranking members of any subcommittees 
     of that committee that the committee chairman and ranking 
     member jointly designate as having jurisdiction over 
     information contained in the briefing.
       (4) Not more than four professional staff members 
     designated jointly by the chairman and ranking member of the 
     committee.
       (c) Availability of Reports.--During a briefing provided 
     under subsection (a), two copies of the privileged version of 
     the mishap safety investigation report that is the subject of 
     the briefing shall be made available for review by each of 
     the individuals who attend the briefing pursuant to 
     subsection (b). Each copy of the report shall be returned to 
     the Department of Defense at the conclusion of the briefing.
       (d) Department of Defense Aerospace-related Mishap 
     Reporting Requirement.--The chairperson who is appointed by 
     the Secretary of a military department for the purpose of 
     conducting an aerospace-related mishap safety board 
     investigation, shall include as an addendum in the privileged 
     safety report a discussion--
       (1) comparing and contrasting all of the findings, causal 
     factors, and recommendations contained in the non-privileged, 
     publicly-released version of the aerospace-related mishap 
     investigation report;
       (2) describing how such findings, causal factors, and 
     recommendations differ from the findings, causal factors, and 
     recommendations contained in the privileged version of the 
     safety report; and
       (3) the rationale that justifies any such differences.

     SEC. 1042. 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 performed related prior work 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) level 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. 1043. 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 a joint training experimentation network.
       (2) The extent to which such facilities have sufficient 
     unused capacity and expertise to accommodate and fully 
     utilize a permanent joint training experimentation node.
       (3) A list of potential locations for the regional center 
     discussed in the report.
       (c) Considerations With Respect to Location.--In 
     determining potential locations for the regional center of 
     excellence 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) an existing and permanent joint training and 
     experimentation network node;
       (6) the capacity or potential capacity to accommodate a 
     target training audience of up to 4000 additional personnel; 
     and
       (7) the capability to accommodate the training of current 
     and future Army and Air Force unmanned aircraft systems.

     SEC. 1044. 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 
     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).

[[Page H3946]]

       (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 180 days after the receipt by the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives of the report 
     required under subsection (a).

     SEC. 1045. REPORT ON NUCLEAR TRIAD.

       (a) Report.--Not later than March 1, 2011, 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 20-year period beginning on the date of the report.
       (2) The funding required for each platform of the nuclear 
     triad with respect to operations 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. 1046. CYBERSECURITY STUDY AND REPORT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) cybersecurity is one of the most serious national 
     security challenges facing the United States; and
       (2) it is critical that the Department of Defense develop 
     technological solutions that ensure the security and freedom 
     of action of the Department while operating in the cyber 
     domain.
       (b) Study.--The Secretary of Defense shall conduct a study 
     assessing--
       (1) the current use of, and potential applications of, 
     modeling and simulation tools to identify likely 
     cybersecurity methodologies and vulnerabilities within the 
     Department of Defense.
       (2) the application of modeling and simulation technology 
     to develop strategies and programs to deter hostile or 
     malicious activity intended to compromise Department of 
     Defense information systems.
       (c) Report.--Not later than January 1, 2012, the Secretary 
     of Defense shall submit to the Committees on Armed Services 
     of the House of Representatives and the Senate a report 
     containing the results of the study conducted under 
     subsection (b), including recommendations on possible options 
     for increasing the use of simulation tools to further 
     strengthen the cybersecurity environment of the Department of 
     Defense.
       (d) Form.--The report required under subsection (c) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

                       Subtitle F--Other Matters

     SEC. 1051. 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 a bipartisan, independent 
     panel to be known as the National Defense Panel (in this 
     section 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 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, one from each of the major political 
     parties, 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) Not later than March 1 of a year in which the review 
     is conducted, the Panel shall submit to the Secretary of 
     Defense a report that sets the parameters and provide 
     guidance to the Secretary on the conduct of the review. The 
     report of the Panel under this subparagraph shall, at a 
     minimum, include such guidance as is necessary to ensure that 
     the review is conducted in a manner that provides for 
     adequately addressing all elements listed in subsection (d).
       ``(B) 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.
       ``(C) 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 subparagraph (C); 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 three 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 periodically, but not less often than every 30 
     days, brief the Panel on the progress of the conduct of a 
     quadrennial defense review under subsection (a).
       ``(9) Administrative provisions.--
       ``(A) The Panel may secure 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 ensure that information requested by the Panel under 
     this paragraph is promptly provided.
       ``(B) Upon the request of the co-chairs of the Panel, 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, United States Code, 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. 1052. QUADRENNIAL DEFENSE REVIEW.

       (a) Sense of Congress.--It is the sense of Congress that 
     the quadrennial defense review is a critical strategic 
     document and should be based upon a process unconstrained by 
     budgetary influences so that such influences do not determine 
     or limit its outcome.
       (b) Relationship of Quadrennial Defense Review to Defense 
     Budget.--Paragraph (4) of section 118(b) of title 10, United 
     States Code, is amended to read as follows:
       ``(4) to make recommendations that will not be influenced, 
     constrained, or informed by the budget submitted to Congress 
     by the President pursuant to section 1105 of title 31.''.

     SEC. 1053. 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 ``local law enforcement and firefighting'' 
     and inserting ``local law enforcement, firefighting, homeland 
     security, and emergency management''; and
       (B) by striking ``carrying out law enforcement and 
     firefighting activities'' and inserting ``carrying out law 
     enforcement, firefighting, homeland security, and emergency 
     management activities''; and
       (2) in subsection (b), by striking ``law enforcement or 
     firefighting'' both places it appears and inserting ``law 
     enforcement, firefighting, homeland security, or emergency 
     management''.
       (b) Types of Equipment That May Be Sold.--Subsection (a) of 
     such section, as amended by subsection (a) of this 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 such section 
     in the table of sections at the beginning of chapter 153 of 
     such title is amended to read as follows:


[[Page H3947]]


``2576. Surplus military equipment: sale to State and local law 
              enforcement, firefighting, homeland security, and 
              emergency management agencies.''.

     SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION PROGRAM.

       (a) Program Established.--The Secretary of Defense shall 
     establish a program to accelerate the fielding of innovative 
     technologies developed using Department of Defense research 
     funding and the commercialization of such technologies. 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, including--
       (1) criteria for an application for funding by a military 
     department, defense agency, or the unified combatant command 
     for special operations forces;
       (2) the purposes for which such a department, agency, or 
     command may apply for funds and appropriate requirements for 
     technology development or commercialization to be supported 
     using program funds;
       (3) the priorities, if any, to be provided to field or 
     commercialize technologies developed by certain types of 
     Department of Defense research funding; and
       (4) criteria for evaluation of an application for funding 
     by a department, agency, or command.
       (b) Applications for Funding.--
       (1) In general.--Under the program, the Secretary shall, 
     not less often than annually, solicit from the heads of the 
     military departments, the defense agencies, and the unified 
     combatant command for special operations forces applications 
     for funding to be used to enter into contracts, cooperative 
     agreements, or other transaction agreements entered into 
     pursuant to section 845 of the National Defense Authorization 
     Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1721; 
     10 U.S.C. 2371 note) with appropriate entities for the 
     fielding or commercialization of technologies.
       (2) Treatment pursuant to certain congressional rules.--
     Nothing in this section shall be interpreted to require 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.
       (c) Funding.--Subject to the availability of appropriations 
     for such purpose, of the amounts authorized to be 
     appropriated for research, development, test, and evaluation, 
     defense-wide for each of fiscal years 2011 through 2015, not 
     more than $500,000,000 may be used for any such fiscal year 
     for the program established under subsection (a).
       (d) 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 an application, or any part of 
     an application, that the Secretary determines would 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.
       (e) Delegation of Management of Program.--The Secretary may 
     delegate the management and operation of the program 
     established under subsection (a) to the Assistant Secretary 
     of Defense for Research and Engineering.
       (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 a report to 
     the congressional defense committees providing a detailed 
     description of the operation of the program during such 
     fiscal year.
       (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 (d) during the 180-day period 
     beginning on the date of the termination of the program.

     SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Title 5, United States Code.--Subsection (l)(2)(B) of 
     section 8344 of title 5, United States Code, 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.''.
       (b) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) Section 127d(d)(1) is amended by striking ``Committee 
     on International Relations'' and inserting ``Committee on 
     Foreign Affairs''.
       (2) 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''.
       (3)(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.''.
       (4) Section 1175a(j)(3) is amended by striking ``title 10'' 
     and inserting ``this title''.
       (5) Section 1781b(d) is amended by striking ``March 1, 
     2008, and each year thereafter'' and inserting ``March 1 each 
     year''.
       (6) 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''.
       (7) Section 2130a(b)(1) is amended by striking ``Training 
     Program'' both places it appears and inserting ``Training 
     Corps program''.
       (8) Section 2222(a) is amended by striking ``Effective 
     October 1, 2005, funds'' and inserting ``Funds''.
       (9) 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.
       (10) Section 2362(e)(1) is amended by striking ``IV'' and 
     inserting ``V''.
       (11) 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)''.
       (12) 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''.
       (13) Section 2667(e)(1)(A)(ii) is amended by striking 
     ``sections 2668 and 2669'' and inserting ``section 2668''.
       (14) Section 2684a(g)(1) is amended by striking ``March 1, 
     2007, and annually thereafter'' and inserting ``March 1 each 
     year''.
       (15) Section 2687a(a) is amended by striking ``31for'' and 
     inserting ``31 for''.
       (16) Section 2922d is amended by striking ``1 or more'' 
     each place it appears and inserting ``one or more''.
       (17) Section 10216 is amended by striking ``section 
     115(c)'' in subsections (b)(1), (c)(1), and (c)(2)(A) and 
     inserting ``section 115(d)''.
       (18) 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''.
       (19) Section 12203(a) is amended by striking ``above'' in 
     the first sentence and inserting ``of''.
       (c) 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 581(a)(1)(C) (123 Stat. 2326) is amended by 
     striking ``subsection (f)'' and inserting ``subsection (g), 
     as redesignated by section 582(b)(1)''.
       (3) Section 584(a) (123 Stat. 2330) is amended by striking 
     ``such Act'' and inserting ``the Uniformed and Overseas 
     Citizens Absentee Voting Act''.
       (4) 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
       (5) 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''.
       (6) The undesignated section immediately following section 
     603 (123 Stat. 2350) is designated as section 604.
       (7) 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''.
       (8) Section 813(a)(3) is amended by inserting ``order'' 
     after ``task'' in the matter proposed to be struck.
       (9) Section 921(b)(2) (123 Stat. 2432) is amended by 
     inserting ``subchapter I of'' before ``chapter 21''.
       (10) Section 1014(c) (123 Stat. 2442) is amended by 
     striking ``in which the support'' and inserting ``in which 
     support''.
       (11) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) 
     is amended by striking ``et 13 seq.'' and inserting ``et 
     seq.''.
       (12) Section 1055(f) (123 Stat. 2462) is amended by 
     striking ``Combating'' and inserting ``Combatting''.
       (13) Section 1063(d)(2) (123 Stat. 2470) is amended by 
     striking ``For purposes of this section, the'' and inserting 
     ``The''.
       (14) 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''.
       (15) 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''.
       (16) 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.

[[Page H3948]]

       (17) Section 1121 (123 Stat. 2505) is amended--
       (A) in subsection (a)--
       (i) by striking ``Section 9902(h)'' and inserting ``Section 
     9902(g)''; and
       (ii) by inserting ``as redesignated by section 
     1113(b)(1)(B),'' after ``Code,''; and
       (B) in subsection (b), by striking ``section 9902(h)'' and 
     inserting ``section 9902(g)''.
       (18) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is 
     amended by inserting a space between the first short title 
     and ``or''.
       (19) Section 1306(b) (123 Stat. 2560) is amended by 
     striking ``fiscal year'' and inserting ``Fiscal Year''.
       (20) 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).''.
       (21) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by 
     striking the comma after ``5941''.
       (22) Section 2804(d)(2) (123 Stat. 2662) is amended by 
     inserting ``subchapter III of'' before ``chapter 169''.
       (23) Section 2835(f)(1) (123 Stat. 2677) is amended by 
     striking ``publically-available'' and inserting ``publicly 
     available''.
       (24) Section 3503(b)(1) (123 Stat. 2719) is amended by 
     striking the extra quotation marks.
       (25) Section 3508(1) (123 Stat. 2721) is amended by 
     striking ``headline'' and inserting ``heading''.
       (d) Duncan Hunter National Defense Authorization Act for 
     Fiscal Year 2009.--
       (1) Section 596(b)(1)(D) of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 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. 2337), is amended by striking 
     ``or flag'' the second place it appears.
       (2) Section 1111(b) of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     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 the matter preceding paragraph (1), by striking 
     ``secretary of a military department'' and inserting 
     ``Secretary of a military department'';
       (B) in paragraph (1)--
       (i) by striking ``the the requirements'' and inserting 
     ``the requirements''; and
       (ii) by striking ``this title'' and inserting ``such 
     title''; and
       (C) in paragraph (2), by striking ``any any of the 
     following'' and inserting ``any of the following''.
       (e) Weapon Systems Acquisition Reform Act of 2009.--
     Effective as of May 22, 2009, and as if included therein as 
     enacted, the Weapon Systems Acquisition Reform Act of 2009 
     (Public Law 111-23) is amended as follows:
       (1) Section 205(a)(1)(B) (123 Stat. 1724) is amended in the 
     matter proposed to be inserted by striking ``paragraphs (1) 
     and (2)'' and inserting ``paragraphs (1), (2), and (3)''.
       (2) Section 205(c) (124 Stat. 1725) is amended by striking 
     ``2433a(c)(3)'' and inserting ``2433a(c)(1)(C)''.
       (f) 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''.
       (g) Technical Correction Regarding Performance Management 
     and Workforce Incentives.--Section 9902(a)(2) of title 5, 
     United States Code, 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''.
       (h) 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.
       (i) 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''.
       (j) Technical Correction Regarding DOE National Security 
     Programs.--The table of contents at the beginning of the 
     National Nuclear Security Administration Act (title XXXII of 
     Public Law 106-65; 50 U.S.C. 2401 et seq.) is amended by 
     striking the item relating to section 3255 and inserting the 
     following new item:

``Sec. 3255. Biennial plan and budget assessment on the modernization 
              and refurbishment of the nuclear security complex.''.

     SEC. 1056. LIMITATION ON AIR FORCE FISCAL YEAR 2011 FORCE 
                   STRUCTURE ANNOUNCEMENT IMPLEMENTATION.

       None of the amounts authorized to be appropriated by this 
     Act or otherwise made available for fiscal year 2011 may be 
     obligated or expended for the purpose of implementing the Air 
     Force fiscal year 2011 Force Structure Announcement until 45 
     days after--
       (1) the Secretary of the Air Force provides a detailed 
     report to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives on the follow-on missions for bases affected 
     by the 2010 Combat Air Forces restructure; and
       (2) the Secretary of the Air Force certifies to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives that the 
     Air Sovereignty Alert Mission will be fully resourced with 
     required funding, personnel, and aircraft.

     SEC. 1057. BUDGETING FOR THE SUSTAINMENT AND MODERNIZATION OF 
                   NUCLEAR DELIVERY SYSTEMS.

       Consistent with the plan contained in the report submitted 
     to Congress under section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2549), 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 
     a separate budget (including separate, dedicated line items 
     and program elements) is included with respect to programs 
     and platforms regarding the sustainment and modernization of 
     nuclear delivery systems.

     SEC. 1058. LIMITATION ON NUCLEAR FORCE REDUCTIONS.

       (a) Findings.--Congress finds the following:
       (1) As of September 30, 2009, the stockpile of nuclear 
     weapons of the United States has been reduced by 84 percent 
     from its maximum level in 1967 and by more than 75 percent 
     from its level when the Berlin Wall fell in November, 1989.
       (2) The number of non-strategic nuclear weapons of the 
     United States has declined by approximately 90 percent from 
     September 30, 1991, to September 30, 2009.
       (3) In 2002, the United States announced plans to reduce 
     its number of operationally deployed strategic nuclear 
     warheads to between 1,700 and 2,200 by December 31, 2012.
       (4) The United States plans to further reduce its stockpile 
     of deployed strategic nuclear warheads to 1,550 during the 
     next seven years.
       (5) The United States plans to further reduce its deployed 
     ballistic missiles and heavy bombers to 700 and its deployed 
     and non-deployed launchers and heavy bombers to 800 during 
     the next seven years.
       (6) Beyond these plans for reductions, the Nuclear Posture 
     Review of April 2010 stated that, ``the President has 
     directed a review of potential future reductions in U.S. 
     nuclear weapons below New START levels. Several factors will 
     influence the magnitude and pace of such reductions.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) any reductions in the nuclear forces of the United 
     States should be supported by a thorough assessment of the 
     strategic environment, threat, and policy and the technical 
     and operational implications of such reductions; and
       (2) specific criteria are necessary to guide future 
     decisions regarding further reductions in the nuclear forces 
     of the United States.
       (c) Limitation.--No action may be taken to implement the 
     reduction of nuclear forces of the United States below the 
     levels described in paragraphs (4) and (5) of subsection (a), 
     unless--
       (1) the Secretary of Defense and the Administrator for 
     Nuclear Security jointly submit to the congressional defense 
     committees a report on such reduction, including--
       (A) the justification for such reduction;
       (B) an assessment of the strategic environment, threat, and 
     policy and the technical and operational implications of such 
     reduction;
       (C) written certification by the Secretary of Defense 
     that--
       (i) either--

       (I) the strategic environment or the assessment of the 
     threat has changed to allow 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 nuclear 
     forces of the United States;

       (ii) such reduction preserves the nuclear deterrent 
     capabilities of the ``nuclear triad'' (intercontinental 
     ballistic missiles, ballistic missile submarines, and heavy 
     bombers and dual-capable aircraft);
       (iii) such reduction does not require a change in targeting 
     strategy from counterforce targeting to countervalue 
     targeting;
       (iv) the remaining nuclear forces of the United States 
     provide a sufficient means of protection against unforeseen 
     technical challenges and geopolitical events; and
       (v) 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) written certification by the Administrator for Nuclear 
     Security that--
       (i) technical measures to provide a commensurate or better 
     level of safety, security, and reliability as before such 
     reduction have been implemented for the remaining nuclear 
     forces of the United States;
       (ii) the remaining nuclear forces of the United States 
     provide a sufficient means of protection against unforeseen 
     technical challenges and geopolitical events; and
       (iii) measures to modernize the nuclear weapons complex 
     have been implemented to provide a sufficiently responsive 
     infrastructure to support

[[Page H3949]]

     the remaining nuclear forces of the United States; and
       (2) a period of 180 days has elapsed after the date on 
     which the report under paragraph (1) is submitted.
       (d) Definition.--In this section, the term ``nuclear forces 
     of the United States'' includes--
       (1) both active and inactive nuclear warheads in the 
     nuclear weapons stockpile; and
       (2) deployed and non-deployed delivery vehicles.

     SEC. 1059. SENSE OF CONGRESS ON THE NUCLEAR POSTURE REVIEW.

       It is the sense of Congress that the Nuclear Posture 
     Review, released in April 2010 by the Secretary of Defense, 
     weakens the national security of the United States by 
     eliminating options to defend against a catastrophic nuclear, 
     biological, chemical, or conventional attack against the 
     United States.

     SEC. 1060. STRATEGIC ASSESSMENT OF STRATEGIC CHALLENGES POSED 
                   BY POTENTIAL COMPETITORS.

       The Secretary of Defense shall, in consultation with the 
     Joint Chiefs of Staff and the commanders of the regional 
     combatant commands, submit to the congressional defense 
     committees, not later than March 15, 2011, a comprehensive 
     strategic assessment of the current and future strategic 
     challenges posed to the United States by potential 
     competitors out through 2021, with particular attention paid 
     to those challenges posed by the military modernization of 
     the People's Republic of China, Iran, North Korea, and 
     Russia.

     SEC. 1061. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED 
                   INFORMATION.

       The Secretary of Defense shall provide to each committee of 
     Congress an electronic communications link to classified 
     information in the possession of the Department of Defense 
     pertaining to a subject matter that is in the jurisdiction of 
     such committee under the Rules of the House of 
     Representatives or the Standing Rules of the Senate. Such 
     electronic communications link shall be capable of supporting 
     appropriate classified communications between the Department 
     of Defense and each committee of Congress authorized to carry 
     out such communications.

     SEC. 1062. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

       (a) Findings.--Congress makes the following findings:
       (1) The National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181) expressed the sense of Congress (in 
     section 1083(d)(4)) that the Secretary of State ``should work 
     with the Government of Iraq on a state-to-state basis to 
     ensure compensation for any meritorious claims based on 
     terrorist acts committed by the Saddam Hussein regime against 
     individuals who were United States nationals or members of 
     the United States Armed Forces at the time of those terrorist 
     acts and whose claims cannot be addressed in courts in the 
     United States due to the exercise of the waiver authority'' 
     provided to the President under section 1083(d) of that Act.
       (2) The House of Representatives in the 110th Congress 
     unanimously adopted H.R. 5167, the Justice for Victims of 
     Torture and Terrorism Act, which set forth an appropriate 
     compromise of the claims described in paragraph (1).
       (3) The National Defense Authorization Act for Fiscal Year 
     2010 (in section 1079) further expressed the sense of 
     Congress that these claims of American victims of torture and 
     hostage taking by Iraq ``should be resolved by a prompt and 
     fair settlement negotiated between the Government of Iraq and 
     the Government of the United States, taking note of the 
     provisions of H.R. 5167 of the 110th Congress, which was 
     adopted by the United States House of Representatives''.
       (4) Pursuant to these congressional actions, the Secretary 
     of State has diligently pursued these negotiations with the 
     Government of Iraq. To date, however, more than three years 
     after the enactment of the National Defense Authorization Act 
     for Fiscal Year 2008, and nearly a year after the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2010, there has been no resolution of these claims of injured 
     Americans, despite the resolution by Iraq of claims of 
     foreign corporations against the Saddam Hussein regime.
       (b) Sense of Congress.--It is the sense of Congress that 
     the claims of American victims of torture and hostage taking 
     by the Government of Iraq during the regime of Saddam Hussein 
     that are subject to Presidential Determination Number 2008-9 
     of January 28, 2008, which waived application of section 1083 
     of the National Defense Authorization Act for Fiscal Year 
     2008, should be resolved by a prompt and fair settlement 
     negotiated between the Government of Iraq and the Government 
     of the United States.

     SEC. 1063. POLICY REGARDING APPROPRIATE USE OF DEPARTMENT OF 
                   DEFENSE RESOURCES.

       (a) Policy.--
       (1) In general.--Chapter 2 of Title 10, United States Code, 
     is amended by inserting after section 113a the following new 
     section:

     ``Sec. 113b. Use of Department of Defense resources

       ``(a) Policy.--The Secretary of Defense shall ensure that 
     all resources of the Department of Defense are used only for 
     activities that--
       ``(1) fulfill a legitimate Government purpose;
       ``(2) comply with all applicable laws, regulations, and 
     policies of the Department of Defense; and
       ``(3) contribute to the mission of the Department of 
     Defense.
       ``(b) Guidance.--The Secretary shall prescribe such 
     guidance as is necessary to ensure compliance with the policy 
     required under subsection (a) and to address any violations 
     of the policy, including, as appropriate, any applicable 
     legal remedies.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 113a the following new item:

``113b. Use of Department of Defense resources.''.
       (b) Prohibition on Use of Funds.--None of the funds 
     authorized to be appropriated in this Act or otherwise 
     available to the Department of Defense may be used--
       (1) for any activity that does not comply with the policy 
     established under section 113b of title 10, United States 
     Code, as added by subsection (a), including any improper 
     activity involving--
       (A) transportation or travel (including use of Government 
     vehicles); or
       (B) Department of Defense information technology resources; 
     or
       (2) to pay the salary of any employee who engages in an 
     intentional violation of the policy established under such 
     section.

     SEC. 1064. EXECUTIVE AGENT FOR PREVENTING THE INTRODUCTION OF 
                   COUNTERFEIT MICROELECTRONICS INTO THE DEFENSE 
                   SUPPLY CHAIN.

       (a) Executive Agent.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     designate a senior official of the Department of Defense to 
     serve as the executive agent for preventing the introduction 
     of counterfeit microelectronics into the defense supply 
     chain.
       (b) Roles, Responsibilities, and Authorities.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     prescribe the roles, responsibilities, and authorities of the 
     executive agent designated under subsection (a).
       (2) Specification.--The roles and responsibilities of the 
     executive agent designated under subsection (a) shall include 
     the following:
       (A) Development and maintenance of a strategy and 
     implementation plan that ensures that the Department of 
     Defense has the ability to identify, mitigate, prevent, and 
     eliminate counterfeit microelectronics from the defense 
     supply chain.
       (B) Development of recommendations for funding strategies 
     necessary to meet the requirements of the strategy and 
     implementation plan developed under subparagraph (A).
       (C) Assessments of trends in counterfeit microelectronics, 
     including--
       (i) an analysis of recent incidents of discovery of 
     counterfeit microelectronics in the defense supply chain, 
     including incidents involving material and service providers;
       (ii) a projection of future trends in counterfeit 
     microelectronics;
       (iii) the sufficiency of reporting mechanisms and metrics 
     within the Department of Defense and each component of the 
     Department of Defense;
       (iv) the economic impact of identifying and remediating 
     counterfeit microelectronics in the defense supply chain; and
       (v) the impact of counterfeit microelectronics in the 
     defense supply chain on defense readiness.
       (D) Coordination of planning and activities with 
     interagency and international partners.
       (E) Development and participation in public-private 
     partnerships to prevent the introduction of counterfeit 
     microelectronics into the supply chain.
       (F) Such other roles and responsibilities as the Secretary 
     of Defense considers appropriate.
       (c) Support Within Department of Defense.--The Secretary of 
     Defense shall ensure that each component of the Department of 
     Defense provides the executive agent designated under 
     subsection (a) with the appropriate support and resources 
     needed to perform the roles, responsibilities, and 
     authorities of the executive agent.
       (d) Required Actions.--The Secretary of Defense shall 
     submit to the congressional defense committees--
       (1) not later than 180 days after the date of the enactment 
     of this Act, a description of the roles, responsibilities, 
     and authorities of the executive agent prescribed in 
     accordance with subsection (b)(1);
       (2) not later than one year after the date of the enactment 
     of this Act, a strategy for how the Department of Defense 
     will identify, mitigate, prevent, and eliminate counterfeit 
     microelectronics within the defense supply chain; and
       (3) not later than 18 months after the date of the 
     enactment of this Act, an implementation plan for how the 
     Department of Defense will execute the strategy submitted in 
     accordance with paragraph (2).
       (e) Definitions.--In this section:
       (1) Counterfeit microelectronic.--The term ``counterfeit 
     microelectronic'' means any type of integrated circuit or 
     other microelectronic component that consists of--
       (A) a substitute or unauthorized copy of a valid product 
     from an original manufacturer;
       (B) a product in which the materials used or the 
     performance of the product has been changed without notice by 
     a person other than the original manufacturer of the product; 
     or
       (C) a substandard component misrepresented by the supplier 
     of such component.
       (2) Executive agent.--The term ``executive agent'' has the 
     meaning given the term ``DoD Executive Agent'' in Department 
     of Defense Directive 5101.1, or any successor directive 
     relating to the responsibilities of an executive agent of the 
     Department of Defense.

[[Page H3950]]

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

     SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO APPROVE 
                   AN ALTERNATE METHOD OF PROCESSING EQUAL 
                   EMPLOYMENT OPPORTUNITY COMPLAINTS WITHIN ONE OR 
                   MORE COMPONENT ORGANIZATIONS UNDER SPECIFIED 
                   CIRCUMSTANCES.

       (a) Authority.--The Secretary of Defense may implement 
     within one or more of the component organizations of the 
     Department of Defense an alternate program for processing 
     equal employment opportunity complaints.
       (1) Complaints processed under the alternate program shall 
     be subject to the procedural requirements established for the 
     alternate program and shall not be subject to the procedural 
     requirements of part 1614 of title 29 of the Code of Federal 
     Regulations or other regulations, directives, or regulatory 
     restrictions prescribed by the Equal Employment Opportunity 
     Commission.
       (2) The alternate program shall include procedures to 
     reduce processing time and eliminate redundancy with respect 
     to processes for the resolution of equal employment 
     opportunity complaints, reinforce local management and chain-
     of-command accountability, and provide the parties involved 
     with early opportunity for resolution.
       (3) The Secretary may carry out the alternate program 
     during a 5-year period beginning on the date of the enactment 
     of this Act. Not later than 180 days before the expiration of 
     such period, the Secretary shall submit to the Committees on 
     Armed Services of the House of Representatives and the 
     Senate, a recommendation regarding whether the program should 
     be extended for an additional period.
       (4)(A) Participation in the alternate program shall be 
     voluntary on the part of the complainant. Complainants who 
     participate in the alternate program shall retain the right 
     to appeal a final agency decision to the Equal Employment 
     Opportunity Commission and to file suit in district court. 
     The Equal Employment Opportunity Commission shall not reverse 
     a final agency decision on the grounds that the agency did 
     not comply with the regulatory requirements promulgated by 
     the Commission.
       (B) Subparagraph (A) shall apply to all cases filed with 
     the Commission after the date of the enactment of this Act 
     and under the alternate program established under this 
     subsection.
       (C) The Secretary shall consult with the Equal Employment 
     Commission in the development of the alternate program.
       (b) Evaluation Plan.--The Secretary of Defense shall 
     develop an evaluation plan to accurately and reliably assess 
     the results of each alternate program implemented under 
     subsection (a), identifying the key features of the program, 
     including--
       (1) well-defined, clear, and measurable objectives;
       (2) measures that are directly linked to the program 
     objectives;
       (3) criteria for determining the program performance;
       (4) a way to isolate the effects of the alternate program;
       (5) a data analysis plan for the evaluation design; and
       (6) a detailed plan to ensure that data collection, entry, 
     and storage are reliable and error-free.
       (c) Reports.--The Comptroller General shall submit to the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate, two reports on the alternate program.
       (1) Contents of reports.--Each report shall contain the 
     following:
       (A) A description of the processes tested by the alternate 
     program.
       (B) The results of the testing of such processes.
       (C) Recommendations for changes to the processes for the 
     resolution of equal employment opportunity complaints as a 
     result of the alternate program.
       (D) A comparison of the processes used, and results 
     obtained, under the alternate program to traditional and 
     alternative dispute resolution processes used in the 
     Government or private industry.
       (2) Dates of submission.--The first of such reports shall 
     be submitted at the end of the 2-year period beginning on the 
     date of the enactment of this Act. The second of such reports 
     shall be submitted at the end of the 4-year period beginning 
     on the date of the enactment of this Act.

     SEC. 1102. 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) as a Department of 
     Defense science and technology reinvention laboratory.''; and
       (2) in subsection (c), by striking ``2 percent'' and 
     inserting ``4 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) 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) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect as of October 28, 2009.

     SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVERTIME PAY.

       (a) In General.--Section 5542(a) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(6)(A) Notwithstanding paragraphs (1) and (2), for an 
     employee who is described in subparagraph (B), and whose rate 
     of basic pay exceeds the minimum rate for GS-10, 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) This paragraph applies in the case of an employee of 
     the Department of the Navy--
       ``(i) who is performing work aboard or in support of the 
     U.S.S. GEORGE WASHINGTON while that vessel is forward 
     deployed in Japan; and
       ``(ii) as to whom the application of this paragraph is 
     necessary (as determined under regulations prescribed by the 
     Secretary of the Navy)--
       ``(I) in order to ensure equal treatment with employees 
     performing similar work in the United States;
       ``(II) in order to secure the services of qualified 
     employees; or
       ``(III) for such other reasons as may be set forth in such 
     regulations.''.
       (b) Reporting Requirement.--Within 1 year after date of 
     enactment of this Act, the Secretary of the Navy shall submit 
     to the Secretary of Defense and the Director of the Office of 
     Personnel Management a report that addresses the use of 
     paragraph (6) of section 5542(a) of title 5, United States 
     Code, as added by subsection (a), including associated costs.

     SEC. 1104. 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 
     amended by striking ``calendar years 2009 and 2010'' and 
     inserting ``calendar years 2011 and 2012''.

     SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS.

       Section 9903(d) of title 5, United States Code, is 
     amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) An employee appointed under this section is not 
     eligible for any bonus, monetary award, or other monetary 
     incentive for service, except for--
       ``(A) payments authorized under this section; and
       ``(B) in the case of an employee who is assigned in support 
     of a contingency operation (as defined in section 101(a)(13) 
     of title 10), allowances and any other payments authorized 
     under chapter 59.''; and
       (2) in paragraph (3), by adding at the end the following: 
     ``In computing an employee's total annual compensation for 
     purposes of the preceding sentence, any payment referred to 
     in paragraph (2)(B) shall be excluded.''.

     SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS.

       (a) In General.--Chapter 79 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 7906. Services of post-combat case coordinators

       ``(a) Definitions.--For purposes of this section--
       ``(1) the terms `employee', `agency', `injury', `war-risk 
     hazard', and `hostile force or individual' have the meanings 
     given those terms in section 8101; and
       ``(2) the term `qualified employee' means an employee as 
     described in subsection (b).
       ``(b) Requirement.--The head of each agency shall, in a 
     manner consistent with the guidelines prescribed under 
     subsection (c), provide for the assignment of a post-combat 
     case coordinator in the case of any employee of such agency 
     who suffers an injury or disability incurred, or an illness 
     contracted, while in the performance of such employee's 
     duties, as a result of a war-risk hazard or during or as a 
     result of capture, detention, or other restraint by a hostile 
     force or individual.
       ``(c) Guidelines.--The Office of Personnel Management 
     shall, after such consultation as the Office considers 
     appropriate, prescribe guidelines for the operation of this 
     section. Under the guidelines, the responsibilities of a 
     post-combat case coordinator shall include--
       ``(1) acting as the main point of contact for qualified 
     employees seeking administrative guidance or assistance 
     relating to benefits under chapter 81 or 89;
       ``(2) assisting qualified employees in the collection of 
     documentation or other supporting evidence for the 
     expeditious processing of claims under chapter 81 or 89;
       ``(3) assisting qualified employees in connection with the 
     receipt of prescribed medical care and the coordination of 
     benefits under chapter 81 or 89;
       ``(4) resolving problems relating to the receipt of 
     benefits under chapter 81 or 89; and
       ``(5) ensuring that qualified employees are properly 
     screened and receive appropriate treatment--

[[Page H3951]]

       ``(A) for post-traumatic stress disorder or other similar 
     disorder stemming from combat trauma; or
       ``(B) for suicidal or homicidal thoughts or behaviors.
       ``(d) Duration.--The services of a post-combat case 
     coordinator shall remain available to a qualified employee 
     until--
       ``(1) such employee accepts or declines a reasonable offer 
     of employment in a position in the employee's agency for 
     which the employee is qualified, which is not lower than 2 
     grades (or pay levels) below the employee's grade (or pay 
     level) before the occurrence or onset of the injury, 
     disability, or illness (as referred to in subsection (a)), 
     and which is within the employee's commuting area; or
       ``(2) such employee gives written notice, in such manner as 
     the employing agency prescribes, that those services are no 
     longer desired or necessary.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     79 of title 5, United States Code, is amended by adding after 
     the item relating to section 7905 the following:

``7906. Services of post-combat case coordinators.''.

     SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR CERTAIN 
                   APPOINTMENTS.

       Section 3307(e) of title 5, United States Code, is 
     amended--
       (1) by striking ``(e) The'' and inserting ``(e)(1) Except 
     as provided in paragraph (2), the''; and
       (2) by adding at the end the following:
       ``(2)(A) In the case of the conversion of an agency 
     function from performance by a contractor to performance by 
     an employee of the agency, the head of the agency may waive 
     any maximum limit of age, determined or fixed for positions 
     within such agency under paragraph (1), if necessary in order 
     to promote the recruitment or appointment of experienced 
     personnel.
       ``(B) For purposes of this paragraph--
       ``(i) the term `agency' means the Department of Defense or 
     a military department; and
       ``(ii) the term `head of the agency' means the Secretary of 
     Defense or the Secretary of a military department.''.

     SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF RECOVERY OF 
                   CERTAIN PAYMENTS MADE UNDER CIVILIAN EMPLOYEES 
                   VOLUNTARY SEPARATION INCENTIVE PROGRAM.

       (a) Congressional Finding.--Congress finds that employees 
     and former employees of the Department of Defense described 
     in subsection (c) provided a valuable service to such 
     Department in response to the national emergency declared in 
     the aftermath of the attacks of September 11, 2001.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) employees and former employees of the Department of 
     Defense described in subsection (c) deserve to retain or to 
     be repaid their voluntary separation incentive payment 
     pursuant to section 9902 of title 5, United States Code;
       (2) recovery of the amount of the payment referred to in 
     section 9902 of title 5, United States Code, would be against 
     equity and good conscience and contrary to the best interests 
     of the United States;
       (3) the Secretary of Defense should waive the requirement 
     under subsection (f)(6)(B) of section 9902 of title 5, United 
     States Code, for repayment to the Department of Defense of a 
     voluntary separation incentive payment made under subsection 
     (f)(1) of such section 9902 in the case of an employee or 
     former employee of the Department of Defense described in 
     subsection (c); and
       (4) a person who has repaid to the United States all or 
     part of the voluntary separation incentive payment for which 
     repayment is waived under this section may receive a refund 
     of the amount previously repaid to the United States.
       (c) Persons Covered.--Subsection (a) applies to any 
     employee or former employee of the Department of Defense 
     who--
       (1) during the period beginning on April 1, 2004, and 
     ending on May 1, 2008, received a voluntary separation 
     incentive payment under section 9902(f)(1) of title 5, United 
     States Code;
       (2) was reappointed to a position in the Department of 
     Defense during the period beginning on June 1, 2004, and 
     ending on May 1, 2008; and
       (3) received a written representation from an officer or 
     employee of the Department of Defense, before accepting the 
     reappointment referred to in paragraph (2), that recovery of 
     the amount of the payment referred to in paragraph (1) would 
     not be required or would be waived, and reasonably relied on 
     that representation in accepting reappointment.

     SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EXTENDED FOR A 
                   YEAR.

       Section 1114(a) of the National Defense Authorization Act 
     for Fiscal Year 2010 (10 U.S.C. 1601 note) is amended by 
     striking ``December 31, 2010'' and inserting ``December 31, 
     2011''.

             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.

       (a) In General.--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 ``$50,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2010.

     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. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING 
                   TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN 
                   MILITARY FORCES.

       (a) Annual Funding Limitation.--Subsection (c)(1) of 
     section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as 
     amended by section 1206(b) of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4625), is further amended by striking 
     ``$350,000,000'' and inserting ``$500,000,000''.
       (b) Temporary Limitation on Amount for Building Capacity to 
     Participate in or Support Military and Stability 
     Operations.--
       (1) In general.--Subsection (c)(5) of such section is 
     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 October 1, 2010, and shall apply with 
     respect to programs under subsection (a) of such section that 
     begin on or after that date.
       (c) Temporary Authority to Build the Capacity of Yemen's 
     Counter-terrorism Forces.--Such section is further amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Temporary Authority to Build the Capacity of Yemen's 
     Counter-terrorism Forces.--
       ``(1) Authority of secretary of state.--
       ``(A) In general.--Of the funds made available under 
     subsection (c) for the authority of subsection (a) for fiscal 
     year 2011, the Secretary of Defense shall transfer to the 
     Secretary of State $75,000,000 of such funds for purposes of 
     providing assistance under section 23 of the Arms Export 
     Control Act (22 U.S.C. 2763) to build the capacity of the 
     counter-terrorism forces of the Yemeni Ministry of Interior.
       ``(B) Certification.--The Secretary of Defense may transfer 
     funds pursuant to subparagraph (A) only if, not later than 
     July 31, 2011, the Secretary of State certifies to the 
     Secretary of Defense and the congressional committees 
     specified in subsection (e)(3) that the Secretary of State is 
     able to effectively carry out the purpose of subparagraph 
     (A).
       ``(C) Availability of funds.--Amounts available under this 
     paragraph for the authority of subparagraph (A) for fiscal 
     year 2011 may be used to conduct or support a program or 
     programs under that authority that begin in fiscal year 2011 
     but end in fiscal year 2012.
       ``(2) Authority of secretary of defense.--If a 
     certification described in paragraph (1)(B) is not made by 
     July 31, 2011, the Secretary of Defense may, with the 
     concurrence of the Secretary of State, use up to $75,000,000 
     of the funds made available under subsection (c) for the 
     authority of subsection (a) for fiscal year 2011 to conduct 
     or support a program or programs under the authority of 
     subsection (a) to build the capacity of the counter-terrorism 
     forces of the Yemeni Ministry of Interior.
       ``(3) Congressional notification.--
       ``(A) By secretary of state.--The Secretary of State shall 
     notify the congressional committees specified in subsection 
     (e)(3) whenever the Secretary of State makes a certification 
     under paragraph (1)(B) for purposes of exercising the 
     authority of paragraph (1).
       ``(B) By secretary of defense.--The Secretary of Defense 
     shall notify the congressional committees specified in 
     subsection (e)(3) whenever the Secretary of Defense exercises 
     the authority of paragraph (2) to support or conduct a 
     program or programs described in paragraph (2).
       ``(C) Contents.--A notification under subparagraph (A) or 
     (B) shall include a description

[[Page H3952]]

     of the program or programs to be conducted or supported under 
     the authority of this subsection.''.
       (d) One-year Extension of Authority.--Subsection (h) 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) and 
     redesignated by subsection (c) of this section, 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''.

     SEC. 1204. 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 shall 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 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, 2015, 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 2015. 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, 2015.
       (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.

    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. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

       (a) Authority for Fiscal Year 2011.--During fiscal year 
     2011, from funds made available to the Department of Defense 
     for operation and maintenance for such fiscal year--
       (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 $800,000,000 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.--
       (1) In general.--Not later than 30 days after the end of 
     each fiscal-year quarter of fiscal year 2011, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report regarding the Commanders' Emergency 
     Response Program.
       (2) Matters to be included.--The report required under 
     paragraph (1) shall include the following:
       (A) The allocation and use of funds under the Commanders' 
     Emergency Response Program or any other provision of law 
     making funding available for the Commanders' Emergency 
     Response Program during the fiscal-year quarter.
       (B) The dates of obligation and expenditure of such funds 
     during the fiscal-year quarter.
       (C) A description of each project for which amounts in 
     excess of $500,000 were obligated or expended during the 
     fiscal-year quarter.
       (D) The dates of obligation and expenditure of funds under 
     the Commanders' Emergency Response Program or any other 
     provision of law making funding available for the Commanders' 
     Emergency Response Program for each of fiscal years 2004 
     through 2010.
       (3) Matters to be included with respect to commanders' 
     emergency response program in iraq.--The report required 
     under paragraph (1) shall include the following with respect 
     to the Commanders' Emergency Response Program in Iraq:
       (A) A written statement by the Secretary of Defense, or the 
     Deputy Secretary of Defense if the authority under subsection 
     (f) is delegated to the Deputy Secretary of Defense, 
     affirming that the certification required under subsection 
     (f) was issued for each project for which amounts in excess 
     of $1,000,000 were obligated or expended during the fiscal-
     year quarter.
       (B) For each project listed in subparagraph (A), the 
     following information:
       (i) A description and justification for carrying out the 
     project.
       (ii) A description of the extent of involvement by the 
     Government of Iraq in the project, including--

       (I) the amount of funds provided by the Government of Iraq 
     for the project; and
       (II) a description of the plan for the transition of such 
     project upon completion to the people of Iraq and for the 
     sustainment of any completed facilities, including any 
     commitments by the Government of Iraq to sustain projects 
     requiring the support of the Government of Iraq for 
     sustainment.

       (iii) A description of the current status of the project, 
     including, where appropriate, the projected completion date
       (C) A description of the status of transitioning activities 
     to the Government of Iraq, including--
       (i) the level of funding provided and expended by the 
     Government of Iraq in programs designed to meet urgent 
     humanitarian relief and reconstruction requirements that 
     immediately assist the Iraqi people; and
       (ii) a description of the progress made in transitioning 
     the responsibility for the Sons of Iraq Program to the 
     Government of Iraq.
       (c) 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 to the Armed Forces 
     concerning the allocation of funds through the Commanders' 
     Emergency Response Program.
       (2) Modifications.--If the guidance in effect for the 
     purpose stated in paragraph (1) is modified, the Secretary 
     shall submit to the congressional defense committees a copy 
     of the modification not later than 15 days after the date on 
     which the Secretary makes the modification.
       (d) Waiver Authority.--For purposes of exercising the 
     authority provided by this section or any other provision of 
     law making funding available for the Commanders' Emergency 
     Response Program, the Secretary of Defense may waive any 
     provision of law not contained in this section that would 
     (but for the waiver) prohibit, restrict, limit, or otherwise 
     constrain the exercise of that authority.
       (e) Prohibition on Certain Projects Under Commanders' 
     Emergency Response Program in Iraq.--
       (1) Prohibition.--Except as provided in paragraph (2), 
     funds made available under this section for the Commanders' 
     Emergency Response Program in Iraq may not be obligated or 
     expended to carry out any project if the total amount of such 
     funds made available for the purpose of carrying out the 
     project exceeds $2,000,000.
       (2) Exception.--The prohibition contained in paragraph (1) 
     shall not apply with respect to funds managed or controlled 
     by the Department of Defense that were otherwise provided by 
     another department or agency of the United States Government, 
     the Government of Iraq, the government of a foreign country, 
     a foundation or other charitable organization (including a 
     foundation or charitable organization that is organized or 
     operates under the laws of a foreign country), or any source 
     in the private sector of the United States or a foreign 
     country.
       (3) Waiver.--The Secretary of Defense may waive the 
     prohibition contained in paragraph (1) if the Secretary--
       (A) determines that such a waiver is required to meet 
     urgent humanitarian relief and reconstruction requirements 
     that will immediately assist the Iraqi people; and
       (B) submits in writing, within 15 days of issuing such 
     waiver, to the congressional defense committees a 
     notification of the waiver, together with a discussion of--

[[Page H3953]]

       (i) the unmet and urgent needs to be addressed by the 
     project; and
       (ii) any arrangements between the Government of the United 
     States and the Government of Iraq regarding the provision of 
     Iraqi funds for carrying out and sustaining the project.
       (f) Certification of Certain Projects Under the Commanders' 
     Emergency Response Program in Iraq.--
       (1) Certification.--Funds made available under this section 
     for the Commanders' Emergency Response Program in Iraq may 
     not be obligated or expended to carry out any project if the 
     total amount of such funds made available for the purpose of 
     carrying out the project exceeds $1,000,000 unless the 
     Secretary of Defense certifies that the project addresses 
     urgent humanitarian relief and reconstruction requirements 
     that will immediately assist the Iraqi people.
       (2) Delegation.--The Secretary may delegate the authority 
     under paragraph (1) to the Deputy Secretary of Defense.
       (g) Definitions.--In this section--
       (1) the term ``Commanders' Emergency Response Program'' 
     means--
       (A) with respect to Iraq, the program established by the 
     Administrator of the Coalition Provisional Authority for the 
     purpose of enabling United States military commanders in Iraq 
     to respond to urgent humanitarian relief and reconstruction 
     requirements within their areas of responsibility by carrying 
     out programs that will immediately assist the Iraqi people; 
     and
       (B) with respect to Afghanistan, the program established 
     for Afghanistan for purposes similar to the program 
     established for Iraq, as described in subparagraph (A);
       (2) the term ``Commanders' Emergency Response Program in 
     Iraq'' means the program described in paragraph (1)(A); and
       (3) the term ``Commanders' Emergency Response Program in 
     Afghanistan'' means the program described in paragraph 
     (1)(B).

     SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT TO 
                   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--
       (1) in the matter preceding paragraph (1), by striking 
     ``2010'' and inserting ``2011''; and
       (2) by adding at the end the following:
       ``(3) Logistical and military support provided by that 
     nation to confront the threat posed by al'Qaida, the Taliban, 
     and other militant extremists in Pakistan.''.
       (b) Limitation on Amount.--Subsection (d)(1) of such 
     section is amended by striking ``2010'' and inserting 
     ``2011''.

     SEC. 1214. 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 
     establishing those minimum essential capabilities determined 
     by the Secretary of Defense as necessary to allow the 
     Government of Iraq to provide for its own internal and 
     external defense, including a description of--
       ``(A) such capabilities both extant and remaining to be 
     developed;
       ``(B) major military 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) An 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 organic support, organic combat service support, 
     and additional critical enabling asset requirements for 
     United States special operations forces and Iraqi special 
     operations forces, to include engineers, rotary aircraft, 
     logisticians, communications assets, information support 
     specialists, forensic analysts, and intelligence, 
     surveillance, and reconnaissance assets 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. 1215. MODIFICATION OF REPORTS RELATING TO AFGHANISTAN.

       (a) Report on Progress Toward Security and Stability in 
     Afghanistan.--
       (1) Report required.--Subsection (a) of section 1230 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 111-84; 123 Stat. 2535), is further 
     amended by striking ``2011'' and inserting ``2012''.
       (2) Matters to be included: strategic direction of united 
     states activities relating to security and stability in 
     afghanistan.--Subsection (c) of such section is amended by 
     adding at the end the following:
       ``(8) Conditions necessary for achievement of progress.--A 
     discussion of the conditions and criteria that would need to 
     exist in key districts and across Afghanistan to--
       ``(A) meet United States and coalition goals in Afghanistan 
     and the region;
       ``(B) permit the transition of lead security responsibility 
     in key districts to the Government of Afghanistan; and
       ``(C) permit the redeployment of United States Armed Forces 
     and coalition forces from Afghanistan.''.
       (3) Matters to be included: performance indicators and 
     measures of progress toward sustainable long-term security 
     and stability in afghanistan.--Subsection (d) of such section 
     is amended by adding at the end the following:
       ``(3) Conditions necessary for achievement of progress.--
     With respect to each performance indicator and measure of 
     progress specified in paragraph (2) (A) through (L), the 
     report shall include a description of the conditions that 
     would need to exist in Afghanistan for the Secretary of 
     Defense to conclude that such indicator or measure of 
     progress has been achieved.''.
       (b) 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. 1216. 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. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRATION 
                   ACTIVITIES IN AFGHANISTAN.

       (a) Authority.--If a certification described in subsection 
     (b) is made in accordance with such subsection, the Secretary 
     of Defense may utilize not more than $50,000,000 from funds 
     made available to the Department of Defense for operations 
     and maintenance for fiscal year 2011 to support in those 
     areas of Afghanistan specified in the certification the 
     reintegration into Afghan society of those individuals who--
       (1) have ceased all support to the insurgency in 
     Afghanistan;
       (2) have agreed to live in accordance with the Constitution 
     of Afghanistan;
       (3) have renounced violence against the Government of 
     Afghanistan and its international partners; and
       (4) do not have material ties to al Qaeda or affiliated 
     transnational terrorist organizations.
       (b) Certification.--A certification described in this 
     subsection is a certification made by the Secretary of State, 
     in coordination with the Administrator of United States 
     Agency for International Development, to the appropriate 
     congressional committees stating that it is necessary for the 
     Department of Defense to carry out a program of reintegration 
     in areas of Afghanistan that are specified by the Secretary 
     of State in the certification. Such certification shall 
     include--
       (1) a statement that such program is necessary to support 
     the goals of the United States in Afghanistan; and

[[Page H3954]]

       (2) a certification that the Department of State and the 
     United States Agency for International Development are unable 
     to carry out a similar program of reintegration in the areas 
     specified by the Secretary of State because of the security 
     environment of such areas or for other reasons.
       (c) Submission of Guidance.--
       (1) Initial submission.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense, 
     with the concurrence of the Secretary of State, shall submit 
     to the appropriate congressional 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;
       (B) mechanisms to track the status of those individuals 
     described in subsection (a); and
       (C) metrics to monitor and evaluate the impact of funds 
     used pursuant to subsection (a).
       (2) Modifications.--If the guidance in effect for the 
     purpose stated in paragraph (1) is modified, the Secretary of 
     Defense, with the concurrence of the Secretary of State, 
     shall submit to the appropriate congressional committees a 
     copy of the modification not later than 15 days after the 
     date on which such modification is made.
       (d) Quarterly Reports.--The Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     on activities carried out utilizing the authority of 
     subsection (a).
       (e) 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 
     Representative and the Committee on Foreign Relations of the 
     Senate.
       (f) Expiration.--The authority to utilize funds under 
     subsection (a) shall expire at the close of December 31, 
     2011.

     SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTERINSURGENCY 
                   FUND.

       Section 1224(h) 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''.

     SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUPPORT TO 
                   COALITION FORCES SUPPORTING MILITARY AND 
                   STABILITY OPERATIONS IN IRAQ AND AFGHANISTAN.

       (a) Authority.--Notwithstanding section 127d(c) of title 
     10, United States Code, up to $400,000,000 of the funds 
     available to the Department of Defense by section 1509 of 
     this Act may be used to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to coalition forces supporting military 
     and stability operations in Iraq and Afghanistan.
       (b) Quarterly Reports.--The Secretary of Defense shall 
     submit quarterly reports to the congressional defense 
     committees regarding support provided under this section.

     SEC. 1220. REQUIREMENT TO PROVIDE UNITED STATES BRIGADE AND 
                   EQUIVALENT UNITS DEPLOYED TO AFGHANISTAN WITH 
                   THE COMMENSURATE LEVEL OF UNIT AND THEATER-WIDE 
                   COMBAT ENABLERS.

       (a) Statement of Policy.--It is the policy of the United 
     States to provide each United States brigade and equivalent 
     units deployed to Afghanistan with the commensurate level of 
     unit and theater-wide combat enablers to--
       (1) implement the United States strategy to disrupt, 
     dismantle, and defeat al Qaeda, the Taliban, and their 
     affiliated networks and eliminate their safe haven;
       (2) achieve the military campaign plan;
       (3) minimize the level risk to United States, coalition, 
     and Afghan forces; and
       (4) reduce the number of military and civilian casualties.
       (b) Requirement.--In order to achieve the policy expressed 
     in subsection (a), the Secretary of Defense shall provide 
     each United States brigade and equivalent units deployed to 
     Afghanistan with the commensurate level of unit and theater-
     wide combat enablers.
       (c) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a report containing--
       (1) a description of United States Forces-Afghanistan 
     requests for forces for fiscal years 2008, 2009, and 2010;
       (2) a description of the current troop-to-task analysis and 
     resource requirements;
       (3) the number of United States brigade and equivalent 
     units deployed to Afghanistan;
       (4) the number of United States unit and theater-wide 
     combat enablers deployed to Afghanistan, including at a 
     minimum, a breakdown of--
       (A) Intelligence, Surveillance, and Reconnaissance (ISR);
       (B) force protection, including force protection at each 
     United States Forward Operating Base (FOB); and
       (C) medical evacuation (MEDEVAC); and
       (5) an assessment of the risk to United States, coalition, 
     and Afghan forces based on a lack of combat enablers.
       (d) Combat Enablers Defined.--In this section, the term 
     ``combat enablers'' includes--
       (1) Intelligence, Surveillance, and Reconnaissance (ISR);
       (2) force protection, including force protection at each 
     United States Forward Operating Base (FOB);
       (3) medical evacuation (MEDEVAC); and
       (4) any other combat enablers as determined by the 
     Secretary of Defense.

                       Subtitle C--Other Matters

     SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.

       Section 1244(a) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is 
     amended--
       (1) by striking ``fiscal year 2010'' and inserting ``fiscal 
     year 2011''; and
       (2) by striking ``$30,000,000'' and inserting 
     ``$50,000,000''.

     SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO COUNTER IRAN.

       (a) National Military Strategic Plan Required.--The 
     Secretary of Defense shall develop a strategic plan, to be 
     known as the ``National Military Strategic Plan to Counter 
     Iran''. The strategic plan shall--
       (1) outline the Department of Defense's strategic planning 
     and provide strategic guidance for military activities and 
     operations that support the United States policy objective of 
     countering threats posed by Iran;
       (2) identify the direct and indirect military contribution 
     to this policy objective, and constitute the comprehensive 
     military plan to counter threats posed by Iran;
       (3) 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;
       (4) develop a plan to address those gaps identified in the 
     review under paragraph (3); and
       (5) undertake a review of the plans of the Department of 
     Defense to counter threats to the United States, its forces, 
     allies, and interests from Iran, including--
       (A) plans for both conflict and peace;
       (B) 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
       (C) any gaps in the plans, capabilities and authorities of 
     the Department.
       (b) Plan.--In addition to the plan required under 
     subsection (a), the Secretary of Defense shall develop a plan 
     to address those gaps identified in the review required in 
     subsection (a)(5). The plan shall guide the planning and 
     actions of the relevant combatant commands, the military 
     departments, and combat support agencies that the Secretary 
     of Defense determines have a role in countering threats posed 
     by Iran.
       (c) Report to Congress.--
       (1) In general.--Not later than the date on which the 
     President submits to Congress the budget for a fiscal year 
     under section 1105 of title 31, United States Code, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report identifying and justifying any 
     resources, capabilities, legislative authorities, or changes 
     to current law the Secretary believes are necessary to carry 
     out the plan required under subsection (b) to address the 
     gaps identified in the strategic plan required in subsection 
     (a).
       (2) Form.--The report required in paragraph (1) shall be in 
     unclassified form, but may include a classified annex.

     SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM 
                   THE EXPORT CONTROL SYSTEM.

       (a) Report Required.--Not later than 60 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 reform the 
     Department's export control system.
       (b) Matters to Be Included.--The report required under 
     subsection (a) shall include--
       (1) a description of the plans of the Department of Defense 
     to implement Presidential Study Directive 8; and
       (2) an assessment of the extent to which the plans to 
     reform the export control system will--
       (A) impact the Defense Technology Security Administration 
     of the Department of Defense;
       (B) affect the role of the Department of Defense with 
     respect to export control policy; and
       (C) ensure greater protection and monitoring of key defense 
     items and 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 and the Committee on 
     Foreign Relations of the Senate.

     SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST 
                   THREATS POSED BY THE ADVANCED ANTI-ACCESS 
                   CAPABILITIES OF POTENTIALLY HOSTILE FOREIGN 
                   COUNTRIES.

       (a) Congressional Finding.--Congress finds that the report 
     of the 2010 Department of Defense Quadrennial Defense Review 
     finds that ``Anti-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 U.S. 
     alliances and security partnerships could be called into 
     question, reducing U.S. 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 threats posed by the advanced anti-access 
     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 threats posed by 
     the advanced anti-access capabilities of potentially hostile 
     foreign countries.

[[Page H3955]]

       (d) Matters to Be Included.--The report required under 
     subsection (c) shall include the following:
       (1) An assessment of any threats posed by the advanced 
     anti-access 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 since the release of the 2010 Quadrennial Defense 
     Review to address the finding in subsection (a).
       (3) A description of the authorities, capabilities, and 
     force structure that the United States may require over the 
     next 10 years to address the finding in subsection (a).
       (e) Form.--The report required under subsection (c) shall 
     be submitted in unclassified form, but may contain a 
     classified annex if necessary.
       (f) Modification of Other Reports.--
       (1) Concerning the people's republic of china.--Section 
     1202(b) of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113 
     note), as most recently amended by section 1246 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2544), is further amended--
       (A) by redesignating paragraphs (10) through (12) as 
     paragraphs (11) through (13), respectively; and
       (B) by inserting after paragraph (9) the following:
       ``(10) Developments in China's anti-access and area denial 
     capabilities.''.
       (2) Concerning iran.--Section 1245(b) of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2542) is amended by adding at the end the 
     following:
       ``(5) A description and assessment of Iran's anti-access 
     and area denial strategy and capabilities.''.

     SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN COMPOSITION 
                   AND CAPABILITIES AT MILITARY INSTALLATIONS IN 
                   EUROPE.

       (a) Report Required.--Not later than one 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 evaluating 
     potential changes in the composition and capabilities of 
     units of the United States Armed Forces at military 
     installations in European member nations of the North 
     Atlantic Treaty Organization--
       (1) to satisfy the commitments undertaken by United States 
     pursuant to Article 5 of the North Atlantic Treaty, signed at 
     Washington, District of Columbia, on April 4, 1949, and 
     entered into force on August 24, 1949 (63 Stat. 2241; TIAS 
     1964);
       (2) to address the current security environment in Europe, 
     including United States participation in theater cooperation 
     activities; and
       (3) to contribute to peace and stability in Europe.
       (b) Matters to Be Considered.--As part of the report, the 
     Secretary of Defense shall consider--
       (1) the stationing of advisory and assist brigades at 
     military installations in Europe;
       (2) the expanded use of Joint Task Forces to train and 
     build mutual capabilities with partner countries; and
       (3) the stationing of units of the United States Armed 
     Forces to support missile defense and cyber-security 
     missions.
       (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. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND NEW START 
                   TREATY WITH RUSSIAN FEDERATION.

       (a) Findings.--Congress finds the following:
       (1) The United States and the Russian Federation signed the 
     Treaty between the United States of America and the Russian 
     Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms (commonly known as the 
     ``New START Treaty'') on April 8, 2010.
       (2) The preamble of the New START Treaty states, 
     ``Recognizing the existence of the interrelationship between 
     strategic offensive arms and strategic defensive arms, that 
     this interrelationship will become more important as 
     strategic nuclear arms are reduced, and that current 
     strategic defensive arms do not undermine the viability and 
     effectiveness of the strategic offensive arms of the 
     Parties.''.
       (3) Officials of the United States have stated that the New 
     START Treaty does not constrain the missile defenses of the 
     United States and according to the New START Treaty U.S. 
     Congressional Briefing Book of April, 2010, released by the 
     Department of State and the Department of Defense, ``The 
     United States will continue to invest in improvements to both 
     strategic and theater missile defenses, both qualitatively 
     and quantitatively, as needed for our security and the 
     security of our allies.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) as stated by officials of the United States, there 
     would be no limitations on any phase of the phased, adaptive 
     approach to missile defense in Europe resulting from 
     ratification of the New START treaty between the United 
     States and Russia, signed on 8 April 2010;
       (2) the United States should deploy the phased, adaptive 
     approach for missile defense in Europe to protect the United 
     States, its deployed forces, and NATO allies, after 
     appropriate testing and consistent with NATO policy; and
       (3) the ground-based midcourse defense system in Alaska and 
     California should be maintained, evolved, and appropriately 
     tested because it is the only missile defense capability as 
     of the date of the enactment of this Act that would protect 
     the United States from the growing threat of a long-range 
     ballistic missile attack.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

     SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of Cooperative Threat Reduction 
     Programs.--For purposes of section 301 and other provisions 
     of this Act, Cooperative Threat Reduction programs are the 
     programs specified in section 1501 of the National Defense 
     Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
       (b) Fiscal Year 2011 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2011 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 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.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

     SEC. 1401. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2011 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds 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;

[[Page H3956]]

       (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 nine 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 striking ``or used'' and 
     inserting ``used, or developed through continuous technology 
     refreshment''; 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 $77,000,000 
     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); 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 
     $1,131,351,000.

     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 
     $283,354,000, of which--
       (1) $282,354,000 is for Operation and Maintenance; and
       (2) $1,000,000 is for Procurement.

     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 $30,991,952,000, of which--
       (1) $29,947,792,000 is for Operation and Maintenance;
       (2) $524,239,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $519,921,000 is for Procurement.

                 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--Other Matters

     SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                   RETIREMENT HOME.

       There is 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. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE SUSTAINMENT, 
                   RESTORATION, AND MODERNIZATION REQUIREMENTS.

       Not later than the date on which the President submits to 
     Congress the budget for fiscal year 2012 pursuant to section 
     1105 of title 31, United States Code, 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. Such report shall include projections 
     for fuel infrastructure sustainment, restoration, and 
     modernization requirements, and a plan for funding such 
     requirements.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

     SEC. 1501. PURPOSE.

       The purpose of this title 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, $652,491,000.
       (5) For other procurement, $5,865,446,000.

     SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal year 2011 for the 
     Joint Improvised Explosive Device Defeat Fund in the amount 
     of $3,464,368,000.
       (b) 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.

[[Page H3957]]

     2439), as amended 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 appropriated pursuant to the authorization of 
     appropriations in subsection (a) and made available to the 
     Department of Defense for the Joint Improvised Explosive 
     Device Defeat Fund.
       (c) Monthly Obligations and Expenditure Reports.--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.

     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, $843,358,000.
       (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, $1,854,243,000.

     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, $3,087,481,000.

     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 $1,376,046,000.

     SEC. 1507. IRON DOME SHORT-RANGE ROCKET DEFENSE PROGRAM.

       Of the funds authorized to be appropriated by section 1506 
     for the procurement account for Defense-wide activities, the 
     Secretary of Defense may provide up to $205,000,000 to the 
     government of Israel for the procurement of the Iron Dome 
     defense system to counter short-range rocket threats.

     SEC. 1508. 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. 1509. 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. 1510. 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, $112,734,000.
       (2) For the Navy, $60,401,000.
       (3) For the Air Force, $266,241,000.
       (4) For Defense-wide activities, $657,240,000.

     SEC. 1511. 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, $62,202,618,000.
       (2) For the Navy, $8,946,634,000.
       (3) For the Marine Corps, $4,136,522,000.
       (4) For the Air Force, $13,487,283,000
       (5) For Defense-wide activities, $9,426,358,000.
       (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, 
     $10,964,983,000.
       (13) For the Iraq Security Forces Fund, $2,000,000,000.
       (14) For the Overseas Contingency Operations Transfer Fund, 
     $506,781,000.

     SEC. 1512. LIMITATIONS ON AVAILABILITY OF FUNDS IN 
                   AFGHANISTAN SECURITY FORCES FUND.

       Funds appropriated pursuant to the authorization of 
     appropriations for the Afghanistan Security Forces Fund in 
     section 1511(12) 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).

     SEC. 1513. LIMITATIONS ON 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).
       (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)).

     SEC. 1514. MILITARY PERSONNEL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2011 to the Department of Defense for military personnel 
     accounts in the total amount of $15,275,502,000.

     SEC. 1515. 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. 1516. 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. 1517. 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. 1518. 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.

     SEC. 1519. 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. 1520. AVAILABILITY OF FUNDS FOR RAPID FORCE PROTECTION 
                   IN AFGHANISTAN.

       (a) Availability of Funds.--Of the funds authorized to be 
     appropriated by section 1511(5) for operation and maintenance 
     for Defense-wide activities, the Secretary of Defense may 
     obligate up to $200,000,000 during fiscal year 2011 to 
     address urgent force protection requirements facing United 
     States military forces in Afghanistan, as identified by the 
     Commander of United States Forces-Afghanistan.
       (b) Use of Rapid Acquisition Authority.--To carry out this 
     section, the Secretary of Defense shall utilize the rapid 
     acquisition authority available to the Secretary.
       (c) Use of Transfer Authority.--To carry out this section, 
     the Secretary of Defense may utilize the transfer authority 
     provided by section 1522, subject to the limitation in 
     subsection (a)(2) of such section on the total amount of 
     authorizations that may be transferred.

     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 
     section may not exceed $3,500,000,000.
       (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.

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.

       (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 are 
     intended to reduce the number of sexual assaults involving 
     members of the Armed Forces and improve 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) Other Definitions.--In this title:
       (1) The term ``Armed Forces'' means the Army, Navy, Air 
     Force, and Marine Corps.

[[Page H3958]]

       (2) The term ``department'' has the meaning given that term 
     in section 101(a)(6) of title 10, United States Code.
       (3) The term ``military installation'' has the meaning 
     given that term by the Secretary concerned.
       (4) 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.

 Subtitle A--Immediate Actions to Improve Department of Defense Sexual 
                Assault Prevention and Response Program

     SEC. 1611. SPECIFIC BUDGETING FOR DEPARTMENT OF DEFENSE 
                   SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

       Effective with the Program Objective Memorandum to be 
     issued for fiscal year 2012 and thereafter and containing 
     recommended programming and resource allocations for the 
     Department of Defense, the Secretary of Defense shall 
     specifically address the Department of Defense sexual assault 
     prevention and response program to ensure that a separate 
     line of funding is allocated to the program.

     SEC. 1612. CONSISTENCY IN TERMINOLOGY, POSITION DESCRIPTIONS, 
                   PROGRAM STANDARDS, AND ORGANIZATIONAL 
                   STRUCTURES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, 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 
     Department of Defense sexual assault prevention and response 
     program.
       (b) Recognizing Operational Differences.--In complying with 
     subsection (a), the Secretary of Defense shall take into 
     account the responsibilities of the Secretary concerned and 
     operational needs of the Armed Force involved.

     SEC. 1613. GUIDANCE FOR COMMANDERS.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of each military department shall 
     issue guidance to all military unit commanders that 
     implementation of the Department of Defense sexual assault 
     prevention and response program requires their leadership and 
     is their responsibility.

     SEC. 1614. COMMANDER CONSULTATION WITH VICTIMS OF SEXUAL 
                   ASSAULT.

       Before making a decision regarding how to proceed under the 
     Uniform Code of Military Justice in the case of an alleged 
     sexual assault or other offense covered by section 920 of 
     title 10, United States Code (article 120), the commanding 
     officer shall offer to meet with the victim of the offense to 
     determine the opinion of the victim regarding case 
     disposition and provide that information to the convening 
     authority.

     SEC. 1615. OVERSIGHT AND EVALUATION.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall--
       (1) issue standards to be used 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; and
       (2) develop measures to ensure that the Armed Forces comply 
     with those standards.

     SEC. 1616. SEXUAL ASSAULT REPORTING HOTLINE.

       (a) Availability of Hotline.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall establish a universal hotline to facilitate the 
     reporting of a sexual assault--
       (1) by a member of the Armed Forces, whether serving in the 
     United States or overseas, who is a victim of a sexual 
     assault; or
       (2) by any other person who is a victim of a sexual assault 
     involving a member of the Armed Forces.
       (b) Prompt Response.--The Secretary of Defense shall ensure 
     that a Sexual Assault Response Coordinator serving in the 
     locality of the victim promptly responds to the reporting of 
     a sexual assault using the hotline. The Secretary of Defense 
     shall define appropriate localities for purposes of this 
     subsection.

     SEC. 1617. REVIEW OF APPLICATION OF SEXUAL ASSAULT PREVENTION 
                   AND RESPONSE PROGRAM TO RESERVE COMPONENTS.

       (a) Report Required.--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 application of the sexual assault prevention and 
     response program for the reserve components.
       (b) Contents.--The report required by subsection (a) shall 
     include, 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.

     SEC. 1618. REVIEW OF EFFECTIVENESS OF REVISED UNIFORM CODE OF 
                   MILITARY JUSTICE OFFENSES REGARDING RAPE, 
                   SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT.

       (a) Review Required.--The Secretary of Defense shall 
     conduct a review of the effectiveness of section 920 of title 
     10, United States Code (article 120 of the Uniform Code of 
     Military Justice), as amended by section 552 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 119 Stat. 3256). The Secretary shall use a panel of 
     military justice experts to conduct the review.
       (b) Submission of Results.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit the results of the review to the 
     congressional defense committees.

     SEC. 1619. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT 
                   PREVENTION AND RESPONSE PROGRAM.

       (a) Sexual Assault Prevention and Response Training and 
     Education.--
       (1) Development of curricula.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     each military department shall develop curricula to provide 
     sexual assault prevention and response training and education 
     for members of the Armed Forces under the jurisdiction of the 
     Secretary and civilian employees of the military department 
     to strengthen individual knowledge, skills, and capacity to 
     prevent and respond to sexual assault.
       (2) Scope of training and education.--The sexual assault 
     prevention and response training and education shall 
     encompass initial entry and accession programs, annual 
     refresher training, professional military education, peer 
     education, and specialized leadership training. Training 
     shall be tailored for specific leadership levels and local 
     area requirements.
       (3) Consistent training.--The Secretary of Defense shall 
     ensure that the sexual assault prevention and response 
     training provided to members of the Armed Forces and 
     Department of Defense civilian employees is consistent 
     throughout the military departments.
       (b) Inclusion in Professional Military Education.--The 
     Secretary of Defense shall provide for the inclusion of a 
     sexual assault prevention and response training module at 
     each level of professional military education. The training 
     shall be tailored to the new responsibilities and leadership 
     requirements of members of the Armed Forces as they are 
     promoted.
       (c) Inclusion in First Responder Training.--
       (1) In general.--The Secretary of Defense shall direct that 
     managers of specialty skills associated with first responders 
     described in paragraph (2) integrate sexual assault response 
     training in initial and recurring training courses.
       (2) Covered first responders.--First responders referred to 
     in paragraph (1) include firefighters, emergency medical 
     technicians, law enforcement officers, military criminal 
     investigators, healthcare personnel, judge advocates, and 
     chaplains.

     SEC. 1620. USE OF SEXUAL ASSAULT FORENSIC MEDICAL EXAMINERS.

       Not later than two years after the date of the enactment of 
     this Act, the Secretary of Defense shall provide for the use 
     of forensic medical examiners within the Department of 
     Defense who are specially trained regarding the collection 
     and preservation of evidence in cases involving sexual 
     assault.

     SEC. 1621. SEXUAL ASSAULT ADVISORY BOARD.

       (a) Establishment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     establish a Sexual Assault Advisory Board, to be modeled 
     after other Defense advisory boards, such as the Defense 
     Business Board, the Defense Policy Board, or the Defense 
     Science Board.
       (b) Purpose.--The purpose of the Sexual Assault Advisory 
     Board is--
       (1) to advise the Secretary of Defense on the overall 
     Department of Defense sexual assault prevention and response 
     program and its comprehensive prevention strategy and on the 
     effectiveness of the sexual assault prevention and response 
     program of each Armed Force; and
       (2) to make recommendations regarding changes and 
     improvements to the sexual assault prevention and response 
     program.
       (c) Relation to Sexual Assault Prevention and Response 
     Office.--The Sexual Assault Advisory Board is not intended to 
     replace the organic capabilities that must reside in the 
     Sexual Assault Prevention and Response Office, but to ensure 
     that best practices from both the civilian and military 
     community perspective are incorporated into the design, 
     development, and performance of the sexual assault prevention 
     and response program
       (d) Organization and Membership.--The Sexual Assault 
     Advisory Board shall be chaired by the Undersecretary of 
     Defense for Personnel and Readiness. The Sexual Assault 
     Advisory Board shall include experts on criminal law and 
     sexual assault prevention, response, and training who are not 
     members of the Armed Forces or civilian employees of the 
     Department of Defense and include representatives from other 
     Federal agencies.
       (e) Frequency of Meetings.--The Sexual Assault Advisory 
     Board shall meet not less frequently than biannually.

     SEC. 1622. DEPARTMENT OF DEFENSE SEXUAL ASSAULT ADVISORY 
                   COUNCIL.

       (a) Reorganization.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     reorganize the Sexual Assault Advisory Council and limit 
     membership on the Sexual Assault Advisory Council to 
     Department of Defense personnel.

[[Page H3959]]

       (b) Purpose.--The purpose of the Sexual Assault Advisory 
     Council is--
       (1) to oversee the Department's overall sexual assault 
     prevention and response Program and its comprehensive 
     prevention strategy;
       (2) to ensure accountability of the sexual assault 
     prevention and response program of each Armed Force;
       (3) to make recommendations regarding changes and 
     improvements to the sexual assault prevention and response 
     program; and
       (4) to identify cross-cutting issues and solutions in the 
     area of sexual assault.
       (c) Organization and Membership.--The Sexual Assault 
     Advisory Council shall be chaired by the Deputy Secretary of 
     Defense or the designee of the Deputy Secretary. Members 
     shall include, at a minimum, the following:
       (1) Principals or deputies from every office within the 
     Office of the Secretary of Defense with responsibilities 
     involving the sexual assault prevention and response program.
       (2) The Assistant Secretary of each of the military 
     departments with responsibility for the sexual assault 
     prevention and response program.
       (3) The Vice Chief of Staff of the Army, the Vice Chief of 
     Naval Operations, the Vice Chief of Staff of the Air Force, 
     and the Assistant Commandant of the Marine Corps.
       (4) A general or flag officer from the staff of each 
     officer specified in paragraph (3) who has responsibility for 
     the sexual assault prevention and response program.
       (5) A general officer from the National Guard Bureau.
       (d) Frequency of Meetings.--The Sexual Assault Advisory 
     Council shall meet not less frequently than once each 
     calendar-year quarter.
       (e) Service-level Sexual Assault Advisory Councils.--The 
     Secretary of a military department shall establish a sexual 
     assault advisory council, comparable to the Sexual Assault 
     Advisory Council required by subsection (a), for each Armed 
     Force under the jurisdiction of the Secretary.

     SEC. 1623. SERVICE-LEVEL SEXUAL ASSAULT REVIEW BOARDS.

       (a) Establishment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of a military 
     department shall establish for each military installation or 
     operational command under the jurisdiction of the Secretary a 
     multi-disciplinary group to serve as a sexual assault review 
     board.
       (b) Membership.--The chair of a sexual assault review board 
     shall be the senior commander, senior deputy commander, or 
     chief of staff. Other members should include the Sexual 
     Assault Response Coordinator, command legal representative or 
     staff judge advocate, command chaplain, and representation of 
     senior commanders or supervisors from the Military Criminal 
     Investigative Organizations, military law enforcement, 
     medical, alcohol and substance abuse office, and the safety 
     office.
       (c) Responsibilities.--A sexual assault review board shall 
     be responsible for, at a minimum, addressing safety issues, 
     developing prevention strategies, analyzing response 
     processes, community impact and overall trends, and 
     identifying training issues. These functions should be 
     flexible to accommodate the resources available at different 
     installations and operational commands.
       (d) Frequency of Meetings.--A sexual assault review board 
     shall meet not less frequently than once each calendar-year 
     quarter.

     SEC. 1624. RENEWED EMPHASIS ON ACQUISITION OF CENTRALIZED 
                   DEPARTMENT OF DEFENSE SEXUAL ASSAULT DATABASE.

       (a) New Deadline for Acquisition.--Notwithstanding 
     subsection (c) of section 563 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4470), the Secretary of Defense shall 
     complete implementation of the centralized sexual assault 
     database required by subsection (a) of such section not later 
     than September 30, 2011.
       (b) Acquisition Process.--To meet the deadline imposed by 
     subsection (a), acquisition best practices associated with 
     successfully acquiring and deploying information technology 
     systems related to the database, such as economically 
     justifying the proposed system solution and effectively 
     developing and managing requirements, shall be completed as 
     soon as possible.

  Subtitle B--Sexual Assault Prevention Strategy and Annual Reporting 
                              Requirement

     SEC. 1631. COMPREHENSIVE DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
                   PREVENTION STRATEGY.

       (a) Strategy Required.--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 
     comprehensive strategy to reduce the number of sexual 
     assaults involving members of the Armed Forces, whether 
     members of the Armed Forces are the victim, alleged 
     assailant, or both. All activities and programs of a specific 
     military department or Armed Force related to preventing 
     sexual assault must align with and support the overall 
     comprehensive strategy.
       (b) Coordination With Other Requirements.--In developing 
     the comprehensive strategy under subsection (a), the 
     Secretary of Defense shall incorporate and build upon--
       (1) the new requirements imposed by this subtitle;
       (2) the policies and procedure developed under 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); and
       (3) the prevention and response plan developed under 
     section 567(a) of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2313).
       (c) Implementation of Strategy.--Not later than six months 
     after the submission of the comprehensive strategy prepared 
     under subsection (a), the Secretary of Defense shall complete 
     implementation of the comprehensive strategy throughout the 
     Department of Defense.
       (d) Sexual Assault Prevention Evaluation Plan.--
       (1) Plan required.--The Secretary of Defense shall develop 
     and implement an evaluation plan for assessing the 
     effectiveness of the comprehensive strategy prepared under 
     subsection (a) its intended outcomes at the Department of 
     Defense and individual Armed Force levels.
       (2) Commander role.--As a component of the evaluation plan, 
     the commander of each military installation and the commander 
     of each unified or specified combatant command shall assess 
     the adequacy of measures undertaken at facilities under the 
     authority of the commander to ensure the safest and most 
     secure living and working environments with regard to 
     preventing sexual assault.
       (3) Submission of results.--The results of assessments 
     conducted under the evaluation plan shall be included in the 
     annual report required by section 1632, beginning with the 
     report required to be submitted in calendar year 2012.

     SEC. 1632. ANNUAL REPORT ON SEXUAL ASSAULTS INVOLVING MEMBERS 
                   OF THE ARMED FORCES AND SEXUAL ASSAULT 
                   PREVENTION AND RESPONSE PROGRAM.

       (a) Annual Report on Sexual Assaults.--Not later than 
     January 15 of each year, 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 on 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 founded.
       (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 founded. The information required 
     by this paragraph shall not be combined with the information 
     required by paragraph (1).
       (3) A synopsis of each such founded case, organized by 
     offense, and, for each such case, the disciplinary action 
     taken in the case, including the type of disciplinary or 
     administrative sanction imposed, if any.
       (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 founded 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 process and 
     disposition of such cases and to eliminate any gaps in 
     investigating and adjudicating such cases.
       (6) A description of the implementation during the year 
     covered by the report of the tracking system implemented 
     pursuant to section 596(a) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     10 U.S.C. 113 note), including information collected on cases 
     during that year in which care to a victim of rape or sexual 
     assault was hindered by the lack of availability of a rape 
     kit or other needed supplies or by the lack of timely access 
     to appropriate laboratory testing resources.
       (7) A description of the implementation during the year 
     covered by the report of the accessibility plan implemented 
     pursuant to section 596(b) of such Act, including a 
     description of the steps taken during that year to provide 
     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.
       (8) A description of the required supply inventory, 
     location, accessibility, and availability of supplies, 
     trained personnel, and transportation resources needed, and 
     in fact in place, in order to be able to provide an 
     appropriate and timely response in any case of reported 
     sexual assault in a deployed unit.
       (9) A plan for the actions that are to be taken in the year 
     following the year covered by such report on reducing the 
     number of sexual assaults involving members of the Armed 
     Forces concerned and improving the response to sexual 
     assaults involving members of the Armed Forces concerned.
       (10) The results of the most recent biennial gender-
     relations survey of an adequate sample of members to evaluate 
     and improve the sexual assault prevention and response 
     program.
       (c) Verification.--The Office of the Judge Advocate General 
     of an Armed Force (or, in the case of the Marine Corps, the 
     Office of the Staff Judge Advocate to the Commandant of the 
     Marine Corps) shall verify the accuracy of the information 
     required by paragraphs (1), (2), (3), and (5) of subsection 
     (b), including courts-martial data.
       (d) Consistent Definition of Founded.--Not later than one 
     year after the date of the enactment of this Act, the 
     Secretary of Defense shall establish a consistent definition 
     of ``founded'' for purposes of paragraphs (1), (2), (3), and 
     (5) of subsection (b) and require that military criminal 
     investigative organizations only provide synopses for those 
     cases for the preparation of reports under this section.
       (e) Assessment Component.--Each report under subsection (a) 
     shall include an assessment

[[Page H3960]]

     by the Secretary concerned of the implementation during the 
     preceding fiscal year of the sexual assault prevention and 
     response program in order to determine the effectiveness of 
     the program during such fiscal year in providing an 
     appropriate response to sexual assaults involving members of 
     the Armed Forces.
       (f) Submission to Congress.--The Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives each report prepared under 
     subsection (a), together with the comments of the Secretary 
     of Defense on the report. The Secretary of Defense shall 
     submit each such report not later than March 15 of the year 
     following the year covered by the report.
       (g) Repeal of Superseded Reporting Requirement.--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 amended by striking subsection (f).

                   Subtitle C--Amendments to Title 10

     SEC. 1641. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

       (a) Appointment of Director; Duties.--Chapter 4 of title 
     10, United States Code, as amended by section 902, is amended 
     by inserting after section 139 the following new section:

     ``Sec. 139a. Director of Sexual Assault Prevention and 
       Response Office

       ``(a) Appointment.--There is a Director of the Sexual 
     Assault Prevention and Response Office who shall be a general 
     or flag officer or an employee of the Department of Defense 
     in a comparable Senior Executive Service position.
       ``(b) Duties.--The Director of the Sexual Assault 
     Prevention and Response Office serves as the single point of 
     authority, accountability, and oversight for the Department 
     of Defense sexual assault prevention and response program and 
     provides oversight to ensure that the military departments 
     comply with the program.
       ``(c) Role of Inspectors 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 include sexual assault prevention and 
     response programs within the scope of their assessments. The 
     Inspector General 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) Definitions.--In this section:
       ``(1) The term `armed forces' means the Army, Navy, Air 
     Force, and Marine Corps.
       ``(2) 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 the that are intended to reduce the 
     number of sexual assaults involving members of the armed 
     forces and improve 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) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 139 the following new item:

``139a. Director of Sexual Assault Prevention and Response Office.''.

     SEC. 1642. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL 
                   ASSAULT VICTIM ADVOCATES.

       (a) Assignment and Training.--Chapter 80 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1568. Sexual assault prevention and response: Sexual 
       Assault Response Coordinators and Victim Advocates

       ``(a) Assignment of Coordinators.--(1) At least one full-
     time Sexual Assault Response Coordinator shall be assigned to 
     each brigade or equivalent or higher unit level of the armed 
     forces. The Secretary of the military department concerned 
     may assign additional Sexual Assault Response Coordinators as 
     necessary based on the demographics or needs of the unit. The 
     additional Sexual Assault Response Coordinator may serve on a 
     full-time or part-time basis at the discretion of the 
     Secretary.
       ``(2) Effective October 1, 2013, only members of the armed 
     forces and civilian employees of the Department of Defense 
     may be assigned to duty as a Sexual Assault Response 
     Coordinator. After that date, contractor employees may serve 
     as a Sexual Assault Response Coordinator only on a temporary 
     basis, as determined by the Secretary of Defense.
       ``(b) Assignment of Victim Advocates.--(1) At least one 
     full-time Sexual Assault Victim Advocate shall be assigned to 
     each brigade or equivalent or higher unit level of the armed 
     forces. The Secretary of the military department concerned 
     may assign additional Victim Advocates as necessary based on 
     the demographics or needs of the unit. The additional Victim 
     Advocates may serve on a full-time or part-time basis at the 
     discretion of the Secretary.
       ``(2) Only members of the armed forces and civilian 
     employees of the Department of Defense may be assigned to 
     duty as a Victim Advocate. Contractor employees may serve as 
     a Victim Advocate only on a temporary basis, as determined by 
     the Secretary of Defense.
       ``(c) Deployable Coordinators and Victim Advocates.--(1) 
     The Secretary of a military department shall assign members 
     of the armed forces under the jurisdiction of the Secretary 
     to serve as a deployable Sexual Assault Response Coordinator 
     or Sexual Assault Victim Advocate when a Sexual Assault 
     Response Coordinator assigned to a unit under subsection (a) 
     or a Sexual Assault Victim Advocate assigned to a unit under 
     subsection (b) is not deployed with the unit.
       ``(2) A deployable Sexual Assault Response Coordinator or 
     deployable Sexual Assault Victim Advocate may serve on a 
     full-time or part-time basis at the discretion of the 
     Secretary.
       ``(d) Training and Certification.--(1) As part of the 
     sexual assault prevention and response program, the Secretary 
     of Defense shall establish a professional and uniform 
     training and certification program for Sexual Assault 
     Response Coordinators assigned under subsection (a) and 
     Sexual Assault Victim Advocates assigned under subsection 
     (b). The program shall be structured and administered in a 
     manner similar to the professional training available for 
     Equal Opportunity Advisors through the Defense Equal 
     Opportunity Management Institute.
       ``(2) Effective beginning one year after the date of the 
     enactment of this section, before a member or civilian 
     employee may be assigned to duty as a Sexual Assault Response 
     Coordinator under subsection (a), the member or employee must 
     have completed the training program required by paragraph (1) 
     and obtained the certification.
       ``(3) A member or civilian employee assigned to duty as a 
     Victim Advocate under subsection (b) may obtain certification 
     under the training program required by paragraph (1). At a 
     minimum, the Sexual Assault Response Coordinator to whom a 
     Victim Advocate reports shall train the Victim Advocate using 
     the same training materials used to train the Sexual Assault 
     Response Coordinator under the program.
       ``(4) Deployable Sexual Assault Response Coordinators and 
     deployable Sexual Assault Victim Advocates shall receive 
     training from a designated Sexual Assault Response 
     Coordinator or Sexual Assault Victim Advocate on their 
     specific roles and responsibilities before assuming such 
     responsibilities.
       ``(e) Access to Commanders and Units.--(1) The Secretaries 
     of the military departments shall ensure that a Sexual 
     Assault Response Coordinator, including a deployable Sexual 
     Assault Response Coordinator assigned under subsection (c), 
     has direct access to senior commanders and any other 
     commander within the unit or geographical area of 
     responsibility of the Sexual Assault Response Coordinator.
       ``(2) A Sexual Assault Response Coordinator may work with 
     supporting medical staff, mental health staff, and chaplains 
     to offer unit counseling options for commanders of units in 
     which a sexual assault involving a member of the armed forces 
     occurs.
       ``(f) Sexual Assault Response Teams Responsible for 
     Overseeing Unrestricted Reported Cases.--
       ``(1) Response team protocol.--Not later than one year 
     after the date of the enactment of this section, the 
     Secretary of Defense shall develop and implement a protocol 
     for the establishment and use of sexual assault response 
     teams throughout the Department of Defense.
       ``(2) Emergency response.--A sexual assault response team 
     shall be led by a Sexual Assault Response Coordinator and 
     convene as soon as practicable after a reported sexual 
     assault involving a member of the armed forces.
       ``(3) Other elements.--At a minimum, the protocol for 
     sexual assault response teams shall also provide for--
       ``(A) in addition to meetings required by paragraph (2), 
     monthly meetings to review individual cases, facilitate 
     timely victim updates, and ensure system coordination, 
     accountability (to include tracking case adjudication), and 
     victim access to quality services; and
       ``(B) depending on the resources available at different 
     locations, membership drawn from the relevant military 
     criminal investigator, medical personnel, chaplain, trial 
     counsel, and Sexual Assault Victim Advocate.
       ``(4) Command involvement.--Within the first three months 
     of assuming a command, the commander shall attend a meeting 
     of their command's sexual assault response team occurring 
     after the commander's assumption of command. The Secretary of 
     Defense shall provide for the inclusion of a sexual assault 
     prevention and response training module as part of commanders 
     pre-command courses.
       ``(g) Prohibition on Use of Inspector General Personnel.--
     Personnel of 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 
     may not perform Sexual Assault Response Coordinator duties.
       ``(h) Definitions.--In this section:
       ``(1) The term `armed forces' means the Army, Navy, Air 
     Force, and Marine Corps.
       ``(2) 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 the that are intended to reduce the 
     number of sexual assaults involving members of the armed 
     forces and improve 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) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1568. Sexual assault prevention and response: Sexual Assault Response 
              Coordinators and Victim Advocates.''.

     SEC. 1643. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND 
                   VICTIM ADVOCATE SERVICES.

       (a) Access.--Chapter 53 of title 10, United States Code, is 
     amended by inserting after section 1044d the following new 
     section:

     ``Sec. 1044e. Access to legal assistance and Victim Advocate 
       services for victims of sexual assault

       ``(a) Availability of Legal Assistance and Victim Advocate 
     Services.--
       ``(1) Members.--A member of the armed forces or a dependent 
     of a member of the armed forces who is the victim of a sexual 
     assault is entitled to--

[[Page H3961]]

       ``(A) legal assistance provided by a military legal 
     assistance counsel certified as competent to provide such 
     duties pursuant to section 827(b) of this title (article 
     27(b) of the Uniform Code of Military Justice); and
       ``(B) assistance provided by a qualified Sexual Assault 
     Victim Advocate.
       ``(2) Dependents.--To the extent practicable, the Secretary 
     of a military department shall make the assistance described 
     in paragraph (1) available to dependent of a member of the 
     armed forces who is the victim of a sexual assault and 
     resides on or in the vicinity of a military installation. The 
     Secretary concerned shall define the term `vicinity' for 
     purposes of this paragraph.
       ``(3) Notice of availability of assistance; opt out.--The 
     member or dependent shall be informed of the availability of 
     assistance under this subsection as soon as the member or 
     dependent seeks assistance from a Sexual Assault Response 
     Coordinator or any other responsible member of the armed 
     forces or Department of Defense civilian employee. The victim 
     shall also be informed that the legal assistance and services 
     of a Sexual Assault Response Coordinator and Sexual Assault 
     Victim Advocate are optional and these services may be 
     declined, in whole or in part, at any time.
       ``(4) Nature of reporting immaterial.--In the case of a 
     member of the armed forces, access to legal assistance and 
     Victim Advocate services is available regardless of whether 
     the member elects unrestricted or restricted (confidential) 
     reporting of the sexual assault.
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to establish an attorney-client 
     relationship.
       ``(b) Restricted Reporting Option.--
       ``(1) Availability of restricted reporting.--A member of 
     the armed forces who is the victim of a sexual assault may 
     confidentially disclose the details of the assault to an 
     individual specified in paragraph (2) and receive medical 
     treatment, legal assistance, or counseling, without 
     triggering an official investigation of the allegations.
       ``(2) Persons covered by restricted reporting.--Individuals 
     covered by paragraph (1) are the following:
       ``(A) Military legal assistance counsel.
       ``(B) Sexual Assault Response Coordinator.
       ``(C) Sexual Assault Victim Advocate.
       ``(D) Healthcare personnel.
       ``(E) Chaplain.
       ``(3) Importance of contacting sexual assault response 
     coordinator.--The Secretary of Defense shall ensure that all 
     sexual assault prevention and response training emphasizes 
     the importance of immediately contacting a Sexual Assault 
     Response Coordinator after a sexual assault to ensure that 
     the victim preserves the restricted reporting option and 
     receives guidance on available services and victim care. A 
     member's responsibility to report a sexual assault is 
     satisfied by informing the Sexual Assault Response 
     Coordinator, in addition to or in lieu of informing the 
     member's commander or military law enforcement.
       ``(c) Clarification of Victim Option to Participate in 
     Investigation.--The Secretary of Defense shall implement a 
     Sexual Assault Response Coordinator-led process by which a 
     member or dependent referred to in subsection (a) may decline 
     to participate in the investigation of the sexual assault. 
     The member or dependent, after consultation with a Sexual 
     Assault Victim Advocate or Sexual Assault Response 
     Coordinator, or both, may complete a form indicating a 
     preference not to participate further in the investigative 
     process.
       ``(d) Definitions.--In this section:
       ``(1) The term `sexual assault' includes any of the 
     offenses covered by section 920 of this title (article 120).
       ``(2) The term `military legal assistance counsel' means--
       ``(A) a judge advocate (as defined in section 801(13) of 
     this title (article 1(13) of the Uniform Code of Military 
     Justice)); or
       ``(B) a civilian attorney serving as a legal assistance 
     officer under the provisions of section 1044 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1044d the following new item:

``1044e. Access to legal assistance and Victim Advocate services for 
              victims of sexual assault.''.
       (c) Conforming Amendment Regarding Provision of Legal 
     Counsel.--Section 1044(d)(3)(B) of such title is amended by 
     striking ``sections 1044a, 1044b, 1044c, and 1044d'' and 
     inserting ``sections 1044a through 1044e''.

     SEC. 1644. NOTIFICATION OF COMMAND OF OUTCOME OF COURT-
                   MARTIAL INVOLVING CHARGES OF SEXUAL ASSAULT.

       Section 853 of title 10, United States Code (article 53 of 
     the Uniform Code of Military Justice), is amended--
       (1) by inserting ``(a) Announcement to Parties.--'' before 
     ``A court-martial''; and
       (2) by adding at the end the following new subsection:
       ``(b) Dissemination of Results to Command in Certain 
     Cases.--In the case of an alleged sexual assault or other 
     offense covered by section 920 of this title (article 120), 
     the trial counsel shall notify the servicing staff judge 
     advocate at the military installation, who shall notify the 
     convening authority and commanders, as appropriate. In 
     consultation with the servicing staff judge advocate, the 
     commanding officer shall notify members of the command of the 
     outcome of the case.''.

     SEC. 1645. COPY OF RECORD OF COURT-MARTIAL TO VICTIM OF 
                   SEXUAL ASSAULT INVOLVING A MEMBER OF THE ARMED 
                   FORCES.

       Section 854 of title 10, United States Code (article 54 of 
     the Uniform Code of Military Justice), is amended by adding 
     at the end the following new subsection:
       ``(e) In the case of a general or special court-martial 
     involving a sexual assault or other offense covered by 
     section 920 of this title (article 120), a copy of the 
     prepared record of the proceedings of the court-martial shall 
     be given to the victim of the offence if the victim testified 
     during the proceedings. The record of the proceedings shall 
     be provided without charge and as soon as the record is 
     authenticated. The victim shall be notified of the 
     opportunity to receive the record of the proceedings.''.

     SEC. 1646. MEDICAL CARE FOR VICTIMS OF SEXUAL ASSAULT.

       (a) Medical Care and Records.--Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1074l the following new section:

     ``Sec. 1074m. Medical care for members who are victims of 
       sexual assault

       ``(a) Medical Care.--(1) The Secretary of Defense shall 
     establish protocols for providing medical care to a member of 
     the armed forces who is a victim of a sexual assault, 
     including protocols with respect to the appropriate 
     screening, prevention, and mitigation of diseases.
       ``(2) In establishing the protocols under paragraph (1), 
     the Secretary shall take into consideration the sex of the 
     member of the armed forces.
       ``(b) Medical Records.--The Secretary shall ensure that--
       ``(1) an accurate and complete medical record is made for 
     each member of the armed forces who is a victim of a sexual 
     assault with respect to the physical and mental condition of 
     the member resulting from the assault; and
       ``(2) such record complies with the requirement for 
     confidentiality in making a restricted report under section 
     1044e(b) of this title.
       ``(c) Restricted Reporting.--Nothing in this section shall 
     be construed as affecting the right of a member of the armed 
     forces to make a restricted report under section 1044e(b) of 
     this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1074l the following new item:

``1074m. Medical care for members who are victims of sexual assault.''.

     SEC. 1647. PRIVILEGE AGAINST DISCLOSURE OF CERTAIN 
                   COMMUNICATIONS WITH SEXUAL ASSAULT VICTIM 
                   ADVOCATES.

       (a) Privilege Established.--
       (1) In general.--Chapter 53 of title 10, United States Code 
     is amended by inserting after section 1034a the following new 
     section:

     ``Sec. 1034b. Privilege against disclosure of certain 
       communications with Sexual Assault Victim Advocates

       ``A confidential communication between the victim of a 
     sexual assault or other offense covered by section 920 of 
     this title (article 120 of the Uniform Code of Military 
     Justice) and a Sexual Assault Victim Advocate assigned under 
     section 1568 of this title, including a deployable Sexual 
     Assault Victim Advocate, shall be treated in the same manner 
     as a confidential communication between a patient and a 
     psychiatrist for purposes of any privilege which may attach 
     to such a communication.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1034a the following new item:

``1034b. Privilege against disclosure of certain communications with 
              Sexual Assault Victim Advocates.''.
       (b) Applicability.--Section 1034b of title 10, United 
     States Code, as added by subsection (a), applies to 
     communications described in such section whether made before, 
     on, or after the date of the enactment of this Act.

                       Subtitle D--Other Matters

     SEC. 1661. RECRUITER SELECTION AND OVERSIGHT.

       (a) Screening, Training, and Oversight of Recruiters.--The 
     Secretaries of the military departments shall ensure 
     effective recruiter selection and oversight with regard to 
     sexual assault prevention and response by ensuring that--
       (1) recruiters are screened and trained under the sexual 
     assault prevention and response program;
       (2) sexual assault prevention and response program 
     information is disseminated to recruiters and potential 
     recruits for the Armed Forces; and
       (3) oversight is in place to preclude the potential for 
     sexual misconduct by recruiters.
       (b) Improved Awareness of Recruits.--Commanders of 
     recruiting organizations and Military Entrance Processing 
     Stations shall ensure that sexual assault prevention and 
     response awareness campaign materials are available and 
     posted in locations visible to potential and actual recruits 
     for the Armed Forces.

     SEC. 1662. AVAILABILITY OF SERVICES UNDER SEXUAL ASSAULT 
                   PREVENTION AND RESPONSE PROGRAM FOR DEPENDENTS 
                   OF MEMBERS, MILITARY RETIREES, DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES, AND DEFENSE 
                   CONTRACTOR EMPLOYEES.

       (a) Notification of Extent of Current Services.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Defense shall revise materials made available 
     under the sexual assault prevention and response program to 
     include information on the extent to which dependents of 
     members of the Armed Forces, retired members, Department of 
     Defense civilian employees, and employees of defense 
     contractors are eligible for sexual assault prevention and 
     response services under the sexual assault prevention and 
     response program.
       (b) Report Required.--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

[[Page H3962]]

     feasibility of extending all sexual assault prevention and 
     response services available for a member of the Armed Forces 
     who is the victim of a sexual assault to persons referred to 
     in subsection (a).

     SEC. 1663. APPLICATION OF SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE PROGRAM IN TRAINING ENVIRONMENTS.

       The Secretaries of the military departments shall ensure 
     that a member of the Armed Forces who is a victim of a sexual 
     assault in a training environment is provided, to the maximum 
     extent possible, with confidential access to victim support 
     services and afforded time for recovery. The member should 
     not be required to repeat training unless the time needed for 
     support services and recovery significantly interferes with 
     the progress of the member's training.

     SEC. 1664. APPLICATION OF SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE PROGRAM IN REMOTE ENVIRONMENTS AND 
                   JOINT BASING SITUATIONS.

       (a) Remote and Deployed Environments.--The Secretary of 
     Defense and the combatant commanders shall ensure that the 
     sexual assault prevention and response program continues to 
     operate even in remote environments in which members of the 
     Armed Forces are deployed, including coalition operations.
       (b) Joint Basing.--The Secretary of Defense shall monitor 
     the implementation of the sexual assault prevention and 
     response program and military justice and jurisdiction issues 
     at joint basing locations. Elements of the Armed Forces 
     sharing a joint base location shall closely collaborate on 
     sexual assault prevention and response issues to ensure 
     consistency in approach and messages at the joint base 
     location.

            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 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. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 
     shall take effect on the later of--
       (1) October 1, 2010; or
       (2) the date of the enactment of this Act.

     SEC. 2004. GENERAL REDUCTION ACROSS DIVISION.

       (a) Reduction.--Of the amounts provided in the 
     authorizations of appropriations in this division, the 
     overall authorization of appropriations in this division is 
     reduced by $441,096,000.
       (b) Report on Application.--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 describing how the reduction required by subsection 
     (a) is applied.

                 TITLE XXI--ARMY MILITARY CONSTRUCTION

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

       (a) Inside the United States.--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 subject to the purpose, total amount authorized, 
     and authorization of appropriations specified for each 
     project, set forth in the following table:

------------------------------------------------------------------------
    Army: Military Construction Inside the United States (Amounts Are
                   Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AK         Fort            Urban Assault           3,350           3,350
            Wainwright...   Course.........
AK         Fort            Multipurpose           12,200          12,200
            Richardson...   Machine Gun
                            Range..........
AK         Fort Greely...  Fire Station....       26,000          26,000
AK         Fort            Aviation Task          27,000          27,000
            Wainwright...   Force Complex,
                            Ph 2B (Company
                            Ops Facility)..
AK         Fort            Simulations            34,000          34,000
            Richardson...   Center.........
AK         Fort            Brigade Complex,       67,038          67,038
            Richardson...   Ph 1...........
AK         Fort            Aviation Task         142,650         142,650
            Wainwright...   Force Complex,
                            Ph 2A (Hangar).
AL         Fort Rucker...  Training Aids           4,650           4,650
                            Center.........
AL         Fort Rucker...  Aviation               29,000          29,000
                            Component
                            Maintenance
                            Shop...........
AL         Fort Rucker...  Aviation               36,000          36,000
                            Maintenance
                            Facility.......
CA         Presidio        Satellite              38,000          38,000
            Monterey.....   Communications
                            Facility.......
CA         Presidio        General                39,000          39,000
            Monterey.....   Instruction
                            Building.......
CA         Presidio        Advanced               63,000          63,000
            Monterey.....   Individual
                            Training
                            Barracks.......
CO         Fort Carson...  Automated Sniper        3,650           3,650
                            Field Fire
                            Range..........
CO         Fort Carson...  Battalion               6,700           6,700
                            Headquarters...
CO         Fort Carson...  Simulations            40,000          40,000
                            Center.........
CO         Fort Carson...  Brigade Complex.       56,000          56,000
FL         Eglin AB......  Chapel..........        6,900           6,900
FL         US Army         Commissary......       19,000          19,000
            Garrison
            Miami........
FL         Miami-Dade      Command &              41,000          41,000
            County.......   Control
                            Facility.......
GA         Fort Stewart..  Modified Record         3,750           3,750
                            Fire Range.....
GA         Fort Gordon...  Training Aids           4,150           4,150
                            Center.........
GA         Fort Stewart..  Automated               6,200           6,200
                            Infantry
                            Platoon Battle
                            Course.........
GA         Fort Stewart..  Training Aids           7,000           7,000
                            Center.........
GA         Fort Stewart..  General                 8,200           8,200
                            Instruction
                            Building.......
GA         Fort Stewart..  Automated               9,100           9,100
                            Multipurpose
                            Machine Gun
                            Range..........
GA         Fort Benning..  Land Acquisition       12,200          12,200
GA         Fort Benning..  Training               14,600          14,600
                            Battalion
                            Complex, Ph 2..
GA         Fort Benning..  Training               14,600          14,600
                            Battalion
                            Complex, Ph 2..
GA         Fort Stewart..  Battalion              18,000          18,000
                            Complex........
GA         Fort Stewart..  Simulations            26,000          26,000
                            Center.........
GA         Fort Benning..  Museum                 32,000          32,000
                            Operations
                            Support
                            Building.......
GA         Fort Stewart..  Aviation Unit          47,000          47,000
                            Operations
                            Complex........
GA         Fort Benning..  Trainee                51,000          51,000
                            Barracks, Ph 2.
GA         Fort Benning..  Vehicle                53,000          53,000
                            Maintenance
                            Shop...........
HI         Fort Shafter..  Flood Mitigation       23,000          23,000
HI         Schofield       Training Aids          24,000          24,000
            Barracks.....   Center.........
HI         Tripler Army    Barracks........       28,000          28,000
            Medical
            Center.......
HI         Fort Shafter..  Command &              58,000          58,000
                            Control
                            Facility, Ph 1.
HI         Schofield       Barracks........       90,000          90,000
            Barracks.....
HI         Schofield       Barracks........       98,000          98,000
            Barracks.....
KS         Fort Riley....  Automated               4,100           4,100
                            Infantry Squad
                            Battle Course..
KS         Fort            Vehicle                 7,100           7,100
            Leavenworth..   Maintenance
                            Shop...........
KS         Fort Riley....  Known Distance          7,200           7,200
                            Range..........

[[Page H3963]]

 
KS         Fort Riley....  Automated              14,800          14,800
                            Qualification/
                            Training Range.
KS         Fort Riley....  Battalion              31,000          31,000
                            Complex, Ph 1..
KY         Fort Campbell.  Automated Sniper        1,500           1,500
                            Field Fire
                            Range..........
KY         Fort Campbell.  Urban Assault           3,300           3,300
                            Course.........
KY         Fort Campbell.  Rappelling              5,600           5,600
                            Training Area..
KY         Fort Knox.....  Access Corridor         6,000           6,000
                            Improvements...
KY         Fort Knox.....  Military               12,800          12,800
                            Operation Urban
                            Terrain
                            Collective
                            Training
                            Facility.......
KY         Fort Campbell.  Vehicle                15,500          15,500
                            Maintenance
                            Shop...........
KY         Fort Campbell.  Company                25,000          25,000
                            Operations
                            Facilities.....
KY         Fort Campbell.  Unit Operations        26,000          26,000
                            Facilities.....
KY         Fort Campbell.  Brigade Complex.       67,000          67,000
LA         Fort Polk.....  Heavy Sniper            4,250           4,250
                            Range..........
LA         Fort Polk.....  Land Acquisition        6,000           6,000
LA         Fort Polk.....  Land Acquisition       24,000          24,000
LA         Fort Polk.....  Barracks........       29,000          29,000
MD         Fort Meade....  Indoor Firing           7,600           7,600
                            Range..........
MD         Aberdeen        Auto Tech              14,600          14,600
            Proving         Evaluate
            Ground.......   Facility, Ph 2.
MD         Fort Meade....  Wideband SATCOM        25,000          25,000
                            Operations
                            Center.........
MO         Fort Leonard    General                 7,000           7,000
            Wood.........   Instruction
                            Building.......
MO         Fort Leonard    Brigade                12,200          12,200
            Wood.........   Headquarters...
MO         Fort Leonard    Information            15,500          15,500
            Wood.........   Systems
                            Facility.......
MO         Fort Leonard    Training               19,000          19,000
            Wood.........   Barracks.......
MO         Fort Leonard    Barracks........       29,000          29,000
            Wood.........
MO         Fort Leonard    Transient              29,000          29,000
            Wood.........   Advanced
                            Trainee
                            Barracks, Ph 2.
NC         Fort Bragg....  Vehicle                 7,500           7,500
                            Maintenance
                            Shop...........
NC         Fort Bragg....  Dining Facility.       11,200          11,200
NC         Fort Bragg....  Company                12,600          12,600
                            Operations
                            Facilities.....
NC         Fort Bragg....  Staging Area           14,600          14,600
                            Complex........
NC         Fort Bragg....  Murchison Road         17,000          17,000
                            Right of Way
                            Acquisition....
NC         Fort Bragg....  Student Barracks       18,000          18,000
NC         Fort Bragg....  Brigade Complex.       25,000          25,000
NC         Fort Bragg....  Vehicle                28,000          28,000
                            Maintenance
                            Shop...........
NC         Fort Bragg....  Battalion              33,000          33,000
                            Complex........
NC         Fort Bragg....  Brigade Complex.       41,000          41,000
NC         Fort Bragg....  Brigade Complex.       50,000          50,000
NC         Fort Bragg....  Command and            53,000          53,000
                            Control
                            Facility.......
NM         White Sands...  Barracks........       29,000          29,000
NY         U.S. Military   Urban Assault           1,700           1,700
            Academy......   Course.........
NY         Fort Drum.....  Alert Holding           6,700           6,700
                            Area Facility..
NY         Fort Drum.....  Infantry Squad          8,200           8,200
                            Battle Course..
NY         Fort Drum.....  Aircraft Fuel          14,600          14,600
                            Storage Complex
NY         Fort Drum.....  Aircraft               16,500          16,500
                            Maintenance
                            Hangar.........
NY         Fort Drum.....  Training Aids          18,500          18,500
                            Center.........
NY         Fort Drum.....  Brigade Complex,       55,000          55,000
                            Ph 1...........
NY         Fort Drum.....  Transient              55,000          55,000
                            Training
                            Barracks.......
NY         Fort Drum.....  Battalion              61,000          61,000
                            Complex........
NY         U.S. Military   Science               130,624         130,624
            Academy......   Facility, Ph 2.
OK         McAlester.....  Igloo Storage,          3,000           3,000
                            Depot Level....
OK         Fort Sill.....  Museum                 12,800          12,800
                            Operations
                            Support
                            Building.......
OK         Fort Sill.....  General Purpose        13,800          13,800
                            Storage
                            Building.......
SC         Fort Jackson..  Training Aids          17,000          17,000
                            Center.........
SC         Fort Jackson..  Trainee Barracks       28,000          28,000
SC         Fort Jackson..  Trainee Barracks       46,000          46,000
                            Complex, Ph 1..
TX         Fort Bliss....  Light Demolition        2,100           2,100
                            Range..........
TX         Fort Hood.....  Live Fire               2,100           2,100
                            Exercise
                            Shoothouse.....
TX         Fort Hood.....  Urban Assault           2,450           2,450
                            Course.........
TX         Fort Bliss....  Urban Assault           2,800           2,800
                            Course.........
TX         Fort Bliss....  Squad Defense           3,000           3,000
                            Range..........
TX         Fort Bliss....  Live Fire               3,150           3,150
                            Exercise
                            Shoothouse.....
TX         Fort Hood.....  Convoy Live Fire        3,200           3,200
TX         Fort Bliss....  Heavy Sniper            3,500           3,500
                            Range..........
TX         Fort Hood.....  Company                 4,300           4,300
                            Operations
                            Facilities.....
TX         Fort Sam        Training Aids           6,200           6,200
            Houston......   Center.........
TX         Fort Bliss....  Automated               6,700           6,700
                            Multipurpose
                            Machine Gun
                            Range..........
TX         Fort Bliss....  Vehicle Bridge          8,700           8,700
                            Overpass.......
TX         Corpus Christi  Rotor Blade            13,400          13,400
            NAS..........   Processing
                            Facility, Ph 2.
TX         Fort Bliss....  Indoor Swimming        15,500          15,500
                            Pool...........
TX         Fort Bliss....  Scout/                 15,500          15,500
                            Reconnaissance
                            Crew Engagement
                            Gunnery Complex
TX         Fort Sam        Simulations            16,000          16,000
            Houston......   Center.........
TX         Fort Bliss....  Theater High           17,500          17,500
                            Altitude Area
                            Defense Battery
                            Complex........
TX         Fort Bliss....  Company                18,500          18,500
                            Operations
                            Facilities.....
TX         Fort Bliss....  Digital                22,000          22,000
                            Multipurpose
                            Training Range.
TX         Fort Bliss....  Transient              31,000          31,000
                            Training
                            Complex........
TX         Fort Hood.....  Brigade Complex.       38,000          38,000
TX         Fort Hood.....  Battalion              40,000          40,000
                            Complex........
TX         Fort Hood.....  Unmanned Aerial        55,000          55,000
                            System Hangar..
VA         Fort A.P. Hill  Known Distance          3,800           3,800
                            Range..........
VA         Fort A.P. Hill  Light Demolition        4,100           4,100
                            Range..........
VA         Fort Lee......  Company                 4,900           4,900
                            Operations
                            Facility.......
VA         Fort Lee......  Training Aids           5,800           5,800
                            Center.........
VA         Fort A.P. Hill  Indoor Firing           6,200           6,200
                            Range..........

[[Page H3964]]

 
VA         Fort Lee......  Automated               7,700           7,700
                            Qualification
                            Training Range.
VA         Fort A.P. Hill  1200 Meter Range       14,500          14,500
VA         Fort Eustis...  Warrior in             18,000          18,000
                            Transition
                            Complex........
VA         Fort Lee......  Museum                 30,000          30,000
                            Operations
                            Support
                            Building.......
VA         Fort A.P. Hill  Military               65,000          65,000
                            Operation Urban
                            Terrain
                            Collective
                            Training
                            Facility.......
WA         Yakima........  Sniper Field            3,750           3,750
                            Fire Range.....
WA         Fort Lewis....  Rappelling              5,300           5,300
                            Training Area..
WA         Fort Lewis....  Regional               16,500          16,500
                            Logistic
                            Support Complex
                            Warehouse......
WA         Fort Lewis....  Barracks Complex       40,000          40,000
WA         Fort Lewis....  Barracks........       47,000          47,000
WA         Fort Lewis....  Regional               63,000          63,000
                            Logistic
                            Support Complex
ZU         Various.......  Training              190,000         190,000
                            Barracks.......
           ..............  ................
------------------------------------------------------------------------

       (b) 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 subject to the purpose, total amount 
     authorized, and authorization of appropriations specified for 
     each project, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
      Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Bagram AB..................  Joint Defense Operations            2,800            2,800
                                                       Center.....................
AF                       Bagram AB..................  Entry Control Point.........        7,500            7,500
AF                       Bagram AB..................  Eastside Electrical                10,400           10,400
                                                       Distribution...............
AF                       Bagram AB..................  Consolidated Community             14,800           14,800
                                                       Support Area...............
AF                       Bagram AB..................  Barracks....................       18,000           18,000
AF                       Bagram AB..................  Army Aviation HQ Facilities.       19,000           19,000
AF                       Bagram AB..................  Eastside Utilities                 29,000           29,000
                                                       Infrastructure.............
GY                       Wiesbaden AB...............  Command and Battle Center,              0           59,500
                                                       Incr 2.....................
GY                       Wiesbaden AB...............  Construct New Access Control        5,100            5,100
                                                       Point......................
GY                       Sembach AB.................  Confinement Facility........        9,100            9,100
GY                       Ansbach....................  Physical Fitness Center.....       13,800           13,800
GY                       Grafenwoehr................  Barracks....................       17,500           17,500
GY                       Ansbach....................  Vehicle Maintenance Shop....       18,000           18,000
GY                       Grafenwoehr................  Barracks....................       19,000           19,000
GY                       Grafenwoehr................  Barracks....................       19,000           19,000
GY                       Grafenwoehr................  Barracks....................       20,000           20,000
GY                       Wiesbaden AB...............  Information Processing             30,400           30,400
                                                       Center.....................
GY                       Rhine Ordnance Barracks....  Barracks Complex............       35,000           35,000
GY                       Wiesbaden AB...............  Sensitive Compartmented            91,000           46,000
                                                       Information Facility Inc 1.
HO                       Soto Cano AB...............  Barracks....................       20,400           20,400
IT                       Vicenza....................  Brigade Complex - Barracks/             0           13,000
                                                       Community, Incr 4..........
IT                       Vicenza....................  Brigade Complex - Operations            0           13,000
                                                       Support Facility, Incr 4...
KR                       Camp Walker................  Electrical System Upgrade &        19,500           19,500
                                                       Natural Gas System.........
                         ...........................  ............................
----------------------------------------------------------------------------------------------------------------

       (c) Authorization of Appropriations.--
       (1) Inside the united states.--For military construction 
     projects inside 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 $3,456,462,000.
       (2) Outside the united states.--For military construction 
     projects outside the United States authorized by subsection 
     (b), funds are hereby authorized to be appropriated for 
     fiscal years beginning after September 30, 2010, in the total 
     amount of $459,800,000.
       (3) 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 
     $26,450,000.
       (4) Host nation support and certain services and design.--
     For host nation support and 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 $255,462,000.

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--The Secretary of the 
     Army may construct or acquire family housing units (including 
     land acquisition and supporting facilities) at the 
     installations or locations, and subject to the purpose and 
     number of units, total amount authorized, and authorization 
     of appropriations specified for each project, set forth in 
     the following table:

----------------------------------------------------------------------------------------------------------------
                      Army: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                     Purpose of Project  and     Project      Authorization of
       Location         Installation or Location         Number of Units          Amount       Appropriations
----------------------------------------------------------------------------------------------------------------
AK                     Fort Wainwright...........  Family Housing Replacement       21,000                21,000
                                                    Constrution (110 units)..
GY                     Baumholder................  Family Housing Replacement       34,329                34,329
                                                    Construction (64 units)..
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--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.
       (c) Improvements to Military Family Housing Units.--Subject 
     to section 2825 of title 10, United States Code, the 
     Secretary of the Army may improve existing military family 
     housing units in an amount not to exceed $35,000,000.
       (d) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2010--
       (1) for construction and acquisition, planning and design, 
     and improvement of military family housing and facilities 
     authorized by subsections (a), (b), and (c) in the total 
     amount of $92,369,000; and
       (2) for support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), in the total amount of $518,140,000.

[[Page H3965]]

     SEC. 2103. 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 most recently amended by section 2849 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (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. 2104. 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. 2105. 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. 2106. 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 Facilities..      $16,000,000
Hawaii................................  Schofield Barracks.......  Tactical Vehicle Wash             $10,200,000
                                                                    Facility.
                                                                   Barracks Complex............      $51,000,000
Louisiana.............................  Fort Polk................  Brigade Headquaters.........       $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 AND AUTHORIZATION OF APPROPRIATIONS.

       (a) Inside the United States.--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 subject to the purpose, total amount authorized, 
     and authorization of appropriations specified for each 
     project, set forth in the following table:

------------------------------------------------------------------------
    Navy: Military Construction Inside the United States (Amounts Are
                   Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AL         Mobile........  T-6 Outlying           29,082          29,082
                            Landing Field..
AZ         Yuma..........  Aircraft               40,600          40,600
                            Maintenance
                            Hangar.........
AZ         Yuma..........  Aircraft               63,280          63,280
                            Maintenance
                            Hangar.........
AZ         Yuma..........  Communications         63,730          63,730
                            Infrastructure
                            Upgrade........
AZ         Yuma..........  Intermediate           21,480          21,480
                            Maintenance
                            Activity
                            Facility.......
AZ         Yuma..........  Simulator              36,060          36,060
                            Facility.......
AZ         Yuma..........  Utilities              44,320          44,320
                            Infrastructure
                            Upgrades.......
AZ         Yuma..........  Van Pad Complex        15,590          15,590
                            Relocation.....
CA         Coronado NB...  Maritime                6,890           6,890
                            Expeditionary
                            Security Group-
                            One (MESG-1)
                            Consolidated
                            Boat
                            Maintenance
                            Facility.......
CA         Monterey NSA..  International          11,960          11,960
                            Academic
                            Instruction
                            Building.......
CA         Camp Pendleton  Bachelor               42,864          42,864
                            Enlisted
                            Quarters - 13
                            Area...........
CA         Camp Pendleton  Bachelor               37,020          37,020
                            Enlisted
                            Quarters - Las
                            Flores.........
CA         Camp Pendleton  Center for Naval       66,110          66,110
                            Aviation
                            Technical
                            Training/Fleet
                            Replacement
                            Squadron -
                            Aviation
                            Training and
                            Bachelor
                            Enlisted
                            Quarters.......
CA         Camp Pendleton  Conveyance/Water      100,700         100,700
                            Treatment......
CA         Camp Pendleton  Marine Aviation        48,230          48,230
                            Logistics
                            Squadron-39
                            Maintenance
                            Hangar
                            Expansion......
CA         Camp Pendleton  Marine Corps            9,950           9,950
                            Energy
                            Initiative.....
CA         Camp Pendleton  North Region                0          30,000
                            Tert Treat
                            Plant
                            (Incremented)..
CA         Camp Pendleton  Small Arms              3,760           3,760
                            Magazine -
                            Edson Range....
CA         Camp Pendleton  Truck Company          53,490          53,490
                            Operations
                            Complex........
CA         Coronado......  Rotary Hangar...       67,160          67,160
CA         Miramar.......  Aircraft               90,490          90,490
                            Maintenance
                            Hangar.........
CA         Miramar.......  Hangar 4........       33,620          33,620
CA         Miramar.......  Parking Apron/         66,500          66,500
                            Taxiway
                            Expansion......
CA         San Diego.....  Bachelor               75,342          75,342
                            Enlisted
                            Quarters,
                            Homeport Ashore
CA         San Diego.....  Berthing Pier 12      108,414         108,414
                            Replace &
                            Dredging, Ph 1.
CA         San Diego.....  Marine Corps            9,950           9,950
                            Energy
                            Initiative.....
CA         Twentynine      Bachelor               53,158          53,158
            Palms........   Enlisted
                            Quarters &
                            Parking
                            Structure......
FL         Panama City     Purchase 9 Acres        5,960           5,960
            NSA..........
FL         Blount Island.  Consolidated           17,260          17,260
                            Warehouse
                            Facility.......
FL         Blount Island.  Container               5,990           5,990
                            Staging and
                            Loading Lot....

[[Page H3966]]

 
FL         Blount Island.  Container               4,910           4,910
                            Storage Lot....
FL         Blount Island.  Hardstand              17,930          17,930
                            Extension......
FL         Blount Island.  Paint and Blast        18,840          18,840
                            Facility.......
FL         Blount Island.  Washrack                9,690           9,690
                            Expansion......
FL         Tampa.........  Joint Comms             2,300           2,300
                            Support Element
                            Vehicle Paint
                            Facility.......
GA         Albany MCLB...  Maintenance             5,180           5,180
                            Center Test
                            Firing Range...
GA         Kings Bay.....  Security Enclave       45,004          45,004
                            & Vehicle
                            Barriers.......
GA         Kings Bay.....  Waterfront             15,660          15,660
                            Emergency Power
HI         Camp Smith....  Physical Fitness       29,960          29,960
                            Center.........
HI         Kaneohe Bay...  Bachelor               90,530          90,530
                            Enlisted
                            Quarters.......
HI         Kaneohe Bay...  Waterfront             19,130          19,130
                            Operations
                            Facility.......
HI         Pearl Harbor..  Center for              9,140           9,140
                            Disaster Mgt/
                            Humanitarian
                            Assistance.....
HI         Pearl Harbor..  Joint POW/MIA          99,328          99,328
                            Accounting
                            Command........
MD         Patuxent River  Atlantic Test          10,160          10,160
            NAS..........   Range Addition.
MD         Indian Head...  Agile Chemical         34,238          34,238
                            Facility, Ph 2.
MD         Patuxent River  Broad Area             42,211          42,211
                            Maritime
                            Surveillance &
                            E Facility.....
ME         Portsmouth NSY  Structural Shops       11,910          11,910
                            Addition, Ph 1.
NC         Camp Lejeune..  2nd Intel              90,270          90,270
                            Battalion
                            Maintenance/Ops
                            Complex........
NC         Camp Lejeune..  Armory- II MEF -       12,280          12,280
                            Wallace Creek..
NC         Camp Lejeune..  Bachelor               40,780          40,780
                            Enlisted
                            Quarters -
                            Courthouse Bay.
NC         Camp Lejeune..  Bachelor               42,330          42,330
                            Enlisted
                            Quarters -
                            Courthouse Bay.
NC         Camp Lejeune..  Bachelor               43,640          43,640
                            Enlisted
                            Quarters -
                            French Creek...
NC         Camp Lejeune..  Bachelor               55,350          55,350
                            Enlisted
                            Quarters -
                            Rifle Range....
NC         Camp Lejeune..  Bachelor               51,660          51,660
                            Enlisted
                            Quarters -
                            Wallace Creek..
NC         Camp Lejeune..  Bachelor               46,290          46,290
                            Enlisted
                            Quarters -
                            Wallace Creek
                            North..........
NC         Camp Lejeune..  Bachelor               46,550          46,550
                            Enlisted
                            Quarters- Camp
                            Johnson........
NC         Camp Lejeune..  Explosive               7,420           7,420
                            Ordnanance
                            Disposal Unit
                            Addition - 2nd
                            Marine
                            Logistics Group
NC         Camp Lejeune..  Hangar..........       73,010          73,010
NC         Camp Lejeune..  Maintenance            74,260          74,260
                            Hangar.........
NC         Camp Lejeune..  Maintenance/Ops        36,100          36,100
                            Complex - 2ND
                            Air Naval
                            Gunfire Liaison
                            Company........
NC         Camp Lejeune..  Marine Corps            9,950           9,950
                            Energy
                            Initiative.....
NC         Camp Lejeune..  Mess Hall -            25,960          25,960
                            French Creek...
NC         Camp Lejeune..  Mess Hall               2,553           2,553
                            Addition -
                            Courthouse Bay.
NC         Camp Lejeune..  Motor                  18,470          18,470
                            Transportation/
                            Communications
                            Maintenance
                            Facility.......
NC         Camp Lejeune..  Utility                56,470          56,470
                            Expansion -
                            Hadnot Point...
NC         Camp Lejeune..  Utility                56,050          56,050
                            Expansion-
                            French Creek...
NC         Cherry Point    Bachelor               42,500          42,500
            Marine Corps    Enlisted
            Air Station..   Quarters.......
NC         Cherry Point    Mariners Bay            3,790           3,790
            Marine Corps    Land
            Air Station..   Acquisition -
                            Bogue..........
NC         Cherry Point    Missile Magazine       13,420          13,420
            Marine Corps
            Air Station..
NC         Cherry Point    Station                 5,800           5,800
            Marine Corps    Infrastructure
            Air Station..   Upgrades.......
RI         Newport.......  Electromagnetic        27,007          27,007
                            Facility.......
SC         Beaufort......  Air Installation       21,190          21,190
                            Compatable Use
                            Zone Land
                            Acquisition....
SC         Beaufort......  Aircraft Hangar.       46,550          46,550
SC         Beaufort......  Physical Fitness       15,430          15,430
                            Center.........
SC         Beaufort......  Training and           46,240          46,240
                            Simulator
                            Facility.......
TX         Kingsville NAS  Youth Center....        2,610           2,610
VA         Norfolk.......  Pier 9 & 10             2,400           2,400
                            Upgrades for
                            DDG 1000.......
VA         Norfolk.......  Pier 1 Upgrades        10,035          10,035
                            to Berth USNS
                            Comfort........
VA         Portsmouth....  Ship Repair Pier            0         100,000
                            Replacement....
VA         Quantico......  Academic               12,080          12,080
                            Facility
                            Addition -
                            Staff Non
                            Comissioned
                            Officer Academy
VA         Quantico......  Bachelor               37,810          37,810
                            Enlisted
                            Quarters.......
VA         Quantico......  Research Center        37,920          37,920
                            Addition- MCU..
VA         Quantico......  Student Officer        55,822          55,822
                            Quarters - The
                            Basic School...
WA         Kitsap NB.....  Charleston Gate         6,150           6,150
                            ECP
                            Improvements...
WA         Bangor........  Commander              16,170          16,170
                            Submarine
                            Development
                            Squadron 5
                            Laboratory
                            Expansion Ph1..
WA         Bangor........  Limited Area           15,810          15,810
                            Emergency Power
WA         Bangor........  Waterfront             24,913          24,913
                            Restricted Area
                            Emergency Power
WA         Bremerton.....  Limited Area                0          19,116
                            Product/STRG
                            Complex
                            (incremented)..
------------------------------------------------------------------------

       (b) Outside the United States.--The Secretary of the Navy 
     may acquire real property and carry out military construction 
     projects for the installations or locations outside the 
     United States, and subject to the purpose, total amount 
     authorized, and authorization of appropriations specified for 
     each project, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
      Navy: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
BI                       SW Asia....................  Navy Central Command               89,280           89,280
                                                       Ammunition Magazines.......
BI                       SW Asia....................  Operations and Support             60,002           60,002
                                                       Facilities.................
BI                       SW Asia....................  Waterfront Development, Ph 3       63,871           63,871
DJ                       Camp Lemonier..............  Camp Lemonier HQ Facility...       12,407           12,407
DJ                       Camp Lemonier..............  General Warehouse...........        7,324            7,324
DJ                       Camp Lemonier..............  Horn of Africa Joint               28,076           28,076
                                                       Operations Center..........
DJ                       Camp Lemonier..............  Pave External Roads.........        3,824            3,824
JA                       Atsugi.....................  MH-60R/S Trainer Facility...        6,908            6,908
ML                       Guam.......................  Anderson AFB North Ramp                 0           93,588
                                                       Parking, Ph 1, Inc 2.......

[[Page H3967]]

 
ML                       Guam.......................  Anderson AFB North Ramp                 0           79,350
                                                       Utilities, Ph 1, Inc 2.....
ML                       Guam.......................  Apra Harbor Wharves                     0           40,000
                                                       Improvements, Ph 1.........
ML                       Guam.......................  Defense Access Roads               66,730           66,730
                                                       Improvements...............
ML                       Guam.......................  Finegayan Site Prep and           147,210          147,210
                                                       Utilities..................
SP                       Rota.......................  Air Traffic Control Tower...       23,190           23,190
----------------------------------------------------------------------------------------------------------------

       (c) Authorization of Appropriations.--
       (1) Inside the united states.--For military construction 
     projects inside 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 $3,077,237,000.
       (2) Outside the united states.--For military construction 
     projects outside the United States authorized by subsection 
     (b), funds are hereby authorized to be appropriated for 
     fiscal years beginning after September 30, 2010, in the total 
     amount of $721,760,000.
       (3) 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 
     $20,877,000.
       (4) 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 $121,765,000. None of the funds appropriated 
     pursuant to this authorization of appropriations may be used 
     for architectural and engineering services and construction 
     design of any military construction project necessary to 
     establish a homeport for a nuclear-powered aircraft carrier 
     at Naval Station Mayport, Florida.

     SEC. 2202. FAMILY HOUSING.

       (a) Construction and Acquisition.--The Secretary of the 
     Navy may construct or acquire family housing units (including 
     land acquisition and supporting facilities) at the 
     installations or locations, and subject to the purpose and 
     number of units, total amount authorized, and authorization 
     of appropriations specified for each project, set forth in 
     the following table:

----------------------------------------------------------------------------------------------------------------
                      Navy: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                     Purpose of Project  and     Project      Authorization of
       Location         Installation or Location         Number of Units          Amount       Appropriations
----------------------------------------------------------------------------------------------------------------
GB                     Guantanamo Bay............  Replace GTMO Housing......       37,169                37,169
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--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.
       (c) Improvements to Military Family Housing Units.--Subject 
     to section 2825 of title 10, United States Code, the 
     Secretary of the Navy may improve existing military family 
     housing units in an amount not to exceed $146,020,000.
       (d) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2010--
       (1) for construction and acquisition, planning and design, 
     and improvement of military family housing and facilities 
     authorized by subsections (a), (b), and (c) in the total 
     amount of $186,444,000; and
       (2) for support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), in the total amount of $366,346,000.

     SEC. 2203. 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. 2204. 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 AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Inside the United States.--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 subject to the purpose, total 
     amount authorized, and authorization of appropriations 
     specified for each project, set forth in the following table:

------------------------------------------------------------------------
 Air Force: Military Construction Inside the United States (Amounts Are
                   Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AK         Eielson AFB...  Repair Central         28,000          28,000
                            Heat Plant &
                            Power Plant
                            Boilers........
AK         Elmendorf AFB.  Add/Alter Air           4,749           4,749
                            Support
                            Operations
                            Squadron
                            Training.......
AK         Elmendorf AFB.  Construct              15,000          15,000
                            Railhead
                            Operations
                            Facility.......
AK         Elmendorf AFB.  F-22 Add/Alter         10,525          10,525
                            Weapons Release
                            Systems Shop...
AL         Maxwell AFB...  ADAL Air               13,400          13,400
                            University
                            Library........
AZ         Davis-Monthan   Aerospace              25,000          25,000
            AFB..........   Maintenance and
                            Regeneration
                            Group Hangar...
AZ         Davis-Monthan   HC-130 Aerospace        4,600           4,600
            AFB..........   Ground
                            Equipment
                            Maintenance
                            Facility.......
AZ         Davis-Monthan   HC-130J Aerial         10,700          10,700
            AFB..........   Cargo Facility.
AZ         Davis-Monthan   HC-130J Parts           8,200           8,200
            AFB..........   Store..........

[[Page H3968]]

 
AZ         Fort Huachuca.  Total Force            11,000          11,000
                            Integration-
                            Predator Launch
                            and Recovery
                            Element Beddown
CA         Los Angeles     Parking Garage,         4,500           4,500
            AFB..........   Ph 2...........
CO         Buckley AFB...  Security Forces        12,160          12,160
                            Operations
                            Facility.......
CO         Peterson AFB..  Rapid Attack           24,800          24,800
                            Identification
                            Detection
                            Repair System
                            Space Control
                            Facility.......
CO         U.S. Air Force  Const Center for       27,600          27,600
            Academy......   Character &
                            Leadership
                            Development....
DC         Bolling AFB...  Joint Air              13,200          13,200
                            Defense
                            Operations
                            Center.........
DE         Dover AFB.....  C-5M/C-17               3,200           3,200
                            Maintenance
                            Training
                            Facility, Ph 2.
FL         Eglin AFB.....  F-35 Fuel Cell         11,400          11,400
                            Maintenance
                            Hangar.........
FL         Hurlburt Field  ADAL Special            6,170           6,170
                            Operations
                            School Facility
FL         Hurlburt Field  Add to Visiting         4,500           4,500
                            Quarters (24
                            Rm)............
FL         Hurlburt Field  Base Logistics         24,000          24,000
                            Facility.......
FL         Patrick AFB...  Air Force             158,009          79,009
                            Technical
                            Application
                            Center.........
GA         Robins AFB....  Warehouse.......        5,500           5,500
LA         Barksdale AFB.  Weapons Load           18,140          18,140
                            Crew Training
                            Facility.......
MO         Whiteman AFB..  Consolidated Air       23,500          23,500
                            Ops Facility...
NC         Pope AFB......  Crash/Fire/            13,500          13,500
                            Rescue Station.
ND         Minot AFB.....  Control Tower/         18,770          18,770
                            Base Operations
                            Facility.......
NJ         McGuire AFB...  Base Ops/Command        8,000           8,000
                            Post Facility
                            (TFI)..........
NJ         McGuire AFB...  Dormitory (120         18,440          18,440
                            RM)............
NM         Holloman AFB..  Parallel                8,000           8,000
                            Taxiway, Runway
                            07/25..........
NM         Kirtland AFB..  Replace Fire            6,800           6,800
                            Station........
NM         Cannon AFB....  Dormitory (96          14,000          14,000
                            rm)............
NM         Cannon AFB....  UAS Squadron Ops       20,000          20,000
                            Facility.......
NM         Holloman AFB..  UAS Add/Alter          15,470          15,470
                            Maintenance
                            Hangar.........
NM         Holloman AFB..  UAS Maintenance        22,500          22,500
                            Hangar.........
NM         Kirtland AFB..  Aerial Delivery         3,800           3,800
                            Facility
                            Addition.......
NM         Kirtland AFB..  Armament Shop...        6,460           6,460
NM         Kirtland AFB..  H/MC-130 Fuel          14,142          14,142
                            System
                            Maintenance
                            Facility.......
NV         Creech AFB....  UAS Airfield           11,710          11,710
                            Fire/Crash
                            Rescue Station.
NV         Nellis AFB....  F-35 Add/Alter          7,870           7,870
                            422 Test
                            Evaluation
                            Squadron
                            Facility.......
NV         Nellis AFB....  F-35 Add/Alter          1,900           1,900
                            Flight Test
                            Instrumentation
                            Facility.......
NV         Nellis AFB....  F-35 Flight            13,110          13,110
                            Simulator
                            Facility.......
NV         Nellis AFB....  F-35 Maintenance       28,760          28,760
                            Hangar.........
NY         Fort Drum.....  20th Air Support       20,440          20,440
                            Operations
                            Squadron
                            Complex........
OK         Tinker AFB....  Upgrade Building       14,000          14,000
                            3001
                            Infrastructure,
                            Ph 3...........
SC         Charleston AFB  Civil Engineer         15,000          15,000
                            Complex (TFI) -
                            Ph 1...........
TX         Laughlin AFB..  Community Event        10,500          10,500
                            Complex........
TX         Dyess AFB.....  C-130J Add/Alter        4,080           4,080
                            Flight
                            Simulator
                            Facility.......
TX         Ellington       Upgrade Unmanned        7,000           7,000
            Field........   Aerial Vehicle
                            Maintenance
                            Hangar.........
TX         Lackland AFB..  Basic Military         32,000          32,000
                            Training
                            Satellite
                            Classroom/
                            Dining Facility
                            No 2...........
TX         Lackland AFB..  One-Company Fire        5,500           5,500
                            Station........
TX         Lackland AFB..  Recruit                67,980          67,980
                            Dormitory, Ph 3
TX         Lackland AFB..  Recruit/Family         21,800          21,800
                            Inprocessing &
                            Info Center....
UT         Hill AFB......  F-22 T-10 Engine        2,800           2,800
                            Test Cell......
VA         Langley AFB...  F-22 Add/Alter          8,800           8,800
                            Hangar Bay LO/
                            CR Facility....
WY         Camp Guernsey.  Nuclear/Space           4,650           4,650
                            Security
                            Tactics
                            Training Center
------------------------------------------------------------------------

       (b) 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 subject to the purpose, total 
     amount authorized, and authorization of appropriations 
     specified for each project, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
   Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
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....................
BI                       SW Asia....................  North Apron Expansion.......       45,000           45,000
GU                       Andersen AFB...............  Combat Communications               9,200            9,200
                                                       Operations Facility........
GU                       Andersen AFB...............  Commando Warrior Open Bay          11,800           11,800
                                                       Student Barracks...........
GU                       Andersen AFB...............  Guam Strike Ops Group &             9,100            9,100
                                                       Tanker Task Force..........
GU                       Andersen AFB...............  Guam Strike South Ramp             12,200           12,200
                                                       Utilities, Ph 1............
GU                       Andersen AFB...............  Red Horse Headquarters/             8,000            8,000
                                                       Engineering Facility.......
GY                       Kapaun.....................  Dormitory (128 RM)..........       19,600           19,600
GY                       Ramstein AB................  Unmanned Aerial System             10,800           10,800
                                                       Satellite Communication
                                                       Relay Pads & Facility......
GY                       Ramstein AFB...............  Construct C-130J Flight             8,800            8,800
                                                       Simulator Facility.........
GY                       Ramstein AFB...............  Deicing Fluid Storage &             2,754            2,754
                                                       Dispensing Facility........
GY                       Vilseck....................  Air Support Operations             12,900           12,900
                                                       Squadron Complex...........
IT                       Aviano AFB.................  Air Support Operations             10,200           10,200
                                                       Squadron Facility..........
IT                       Aviano AFB.................  Dormitory (144 RM)..........       19,000           19,000
KR                       Kunsan AFB.................  Construct Distributed               7,500            7,500
                                                       Mission Training Flight
                                                       Simulator Facility.........
QA                       Al Udeid...................  Blatchford-Preston Complex         62,300           62,300
                                                       Ph 2.......................
UK                       Royal Air Force Mildenhall.  Extend Taxiway Alpha........       15,000           15,000
----------------------------------------------------------------------------------------------------------------


[[Page H3969]]

       (c) Unspecified Worldwide.--The Secretary of the Air Force 
     may acquire real property and carry out military construction 
     projects at various unspecified installations or locations, 
     and subject to the purpose, total amount authorized, and 
     authorization of appropriations specified for each project, 
     set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                Air Force: Unspecified Worldwide (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
ZU                       Unspecified Worldwide        F-35 Academic Training             54,150           54,150
                          Locations.................   Center.....................
ZU                       Unspecified Worldwide        F-35 Flight Simulator              12,190           12,190
                          Locations.................   Facility...................
ZU                       Various Worldwide Locations  F-35 Squadron Operations           10,260           10,260
                                                       Facility...................
----------------------------------------------------------------------------------------------------------------

       (d) Authorization of Appropriations.--
       (1) Inside the united states.--For military construction 
     projects inside 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 $836,635,000.
       (2) Outside the united states.--For military construction 
     projects outside the United States authorized by subsection 
     (b), funds are hereby authorized to be appropriated for 
     fiscal years beginning after September 30, 2010, in the total 
     amount of $307,114,000.
       (3) Unspecified worldwide.--For the military construction 
     projects at unspecified worldwide locations authorized by 
     subsection (c), funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2010, in the total amount of $76,600,000.
       (4) 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 
     $21,000,000.
       (5) 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 $74,424,000.

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--The Secretary of the Air 
     Force may construct or acquire family housing units 
     (including land acquisition and supporting facilities) at the 
     installations or locations, and subject to the purpose and 
     number of units, total amount authorized, and authorization 
     of appropriations specified for each project, set forth in 
     the following table:

----------------------------------------------------------------------------------------------------------------
                    Air Force: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                     Purpose of Project  and     Project      Authorization of
       Location         Installation or Location         Number of Units          Amount       Appropriations
----------------------------------------------------------------------------------------------------------------
ZU                     Various Worldwide           Classified Project........           50                    50
                        locations................
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--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.
       (c) Improvements to Military Family Housing Units.--Subject 
     to section 2825 of title 10, United States Code, the 
     Secretary of the Air Force may improve existing military 
     family housing units in an amount not to exceed $73,750,000.
       (d) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2010--
       (1) for construction and acquisition, planning and design, 
     and improvement of military family housing and facilities 
     authorized by subsections (a), (b), and (c) in the total 
     amount of $78,025,000; and
       (2) for support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), in the total amount of $513,792,000.

     SEC. 2303. 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 AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Inside the United States.--The Secretary of Defense may 
     acquire real property and carry out military construction 
     projects for the Defense Agencies at installations or 
     locations inside the United States, and subject to the 
     purpose, total amount authorized, and authorization of 
     appropriations specified for each project, set forth in the 
     following table:

------------------------------------------------------------------------
    Defense Wide: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AZ         Marana........  Special                 6,250           6,250
                            Operations
                            Forces
                            Parachute
                            Training
                            Facility.......
AZ         Yuma..........  Special                 8,977           8,977
                            Operations
                            Forces Military
                            Free Fall
                            Simulator......
CA         Point Loma      Replce Storage              0          20,000
            Annex........   Facility, Incr
                            3..............
CA         Point Mugu....  Aircraft Direct         3,100           3,100
                            Fueling Station
CO         Fort Carson...  Special                 3,717           3,717
                            Operations
                            Forces Tactical
                            Unmanned Aerial
                            Vehicle Hangar.
DC         Bolling AFB...  Replace Parking         3,000           3,000
                            Structure, Ph 1
FL         Eglin AFB.....  Special                 6,030           6,030
                            Operations
                            Forces Ground
                            Support
                            Battalion
                            Detachment.....
GA         Augusta.......  National               12,855          12,855
                            Security Agency/
                            Central
                            Security
                            Service Georgia
                            Training
                            Facility.......
GA         Fort Benning..  Dexter                  2,800           2,800
                            Elementary
                            School
                            Construct Gym..

[[Page H3970]]

 
GA         Fort Benning..  Special                20,441          20,441
                            Operations
                            Forces Company
                            Support
                            Facility.......
GA         Fort Benning..  Special                 3,624           3,624
                            Operations
                            Forces Military
                            Working Dog
                            Kennel Complex.
GA         Fort Stewart..  Health Clinic          35,100          35,100
                            Addtion/
                            Alteration.....
GA         Hunter ANGS...  Fuel Unload             2,400           2,400
                            Facility.......
GA         Hunter Army     Special                 3,318           3,318
            Airfield.....   Operations
                            Forces Tactical
                            Equipment
                            Maintenance
                            Facility
                            Expansion......
HI         Hickam AFB....  Alter Fuel              8,500           8,500
                            Storage Tanks..
HI         Pearl Harbor..  Naval Special          28,804          28,804
                            Warfare Group 3
                            Command and
                            Operations
                            Facility.......
ID         Mountain Home   Replace Fuel           27,500          27,500
            AFB..........   Storage Tanks..
IL         Scott Air       Field Command           1,388           1,388
            Force Base...   Facility
                            Upgrade........
KY         Fort Campbell.  Special                38,095          38,095
                            Operations
                            Forces
                            Battalion Ops
                            Complex........
MA         Hanscom AFB...  Mental Health           2,900           2,900
                            Clinic Addition
MD         Aberdeen        US Army Medical             0         105,000
            Proving         Research
            Ground.......   Institue of
                            Infectious
                            Diseases
                            Replacement,
                            Inc 3..........
MD         Andrews AFB...  Replace Fuel           14,000          14,000
                            Storage &
                            Distribution
                            Facility.......
MD         Bethesda Naval  National Naval         17,100          17,100
            Hospital.....   Medical Center
                            Parking
                            Expansion......
MD         Bethesda Naval  Transient              62,900          62,900
            Hospital.....   Wounded Warrior
                            Lodging........
MD         Fort Detrick..  Consolidated           23,100          23,100
                            Logistics
                            Facility.......
MD         Fort Detrick..  Information             4,300           4,300
                            Services
                            Facility
                            Expansion......
MD         Fort Detrick..  National                2,700           2,700
                            Interagency
                            Biodefense
                            Campus Security
                            Fencing And
                            Equipment......
MD         Fort Detrick..  Supplemental            3,700           3,700
                            Water Storage..
MD         Fort Detrick..  US Army Medical             0          17,400
                            Research
                            Institue of
                            Infectious
                            Diseases- Stage
                            I, Inc 5.......
MD         Fort Detrick..  Water Treatment        11,900          11,900
                            Plant Repair &
                            Supplement.....
MD         Fort Meade....  North Campus          219,360         219,360
                            Utility Plant..
MS         Stennis Space   Special                 8,000           8,000
            Center.......   Operations
                            Forces Land
                            Acquisition, Ph
                            3..............
NC         Camp Lejeune..  Tarawa Terrace I       16,646          16,646
                            Elementry
                            School Replace
                            School.........
NC         Fort Bragg....  McNair Elementry       23,086          23,086
                            School- Replace
                            School.........
NC         Fort Bragg....  Murray Elementry       22,000          22,000
                            School -
                            Replace School.
NC         Fort Bragg....  Special                10,347          10,347
                            Operations
                            Forces Admin/
                            Company
                            Operations.....
NC         Fort Bragg....  Special                41,000          41,000
                            Operations
                            Forces C4
                            Facility.......
NC         Fort Bragg....  Special                32,000          32,000
                            Operations
                            Forces Joint
                            Intelligence
                            Brigade
                            Facility.......
NC         Fort Bragg....  Special                11,000          11,000
                            Operations
                            Forces
                            Operational
                            Communications
                            Facility.......
NC         Fort Bragg....  Special                15,795          15,795
                            Operations
                            Forces
                            Operations
                            Additions......
NC         Fort Bragg....  Special                13,465          13,465
                            Operations
                            Forces
                            Operations
                            Support
                            Facility.......
NM         Cannon AFB....  Special                13,287          13,287
                            Operations
                            Forces ADD/ALT
                            Simulator
                            Facility For MC-
                            130............
NM         Cannon AFB....  Special                12,636          12,636
                            Operations
                            Forces Aircraft
                            Parking Apron
                            (MC-130j)......
NM         Cannon AFB....  Special                26,006          26,006
                            Operations
                            Forces C-130
                            Parking Apron
                            Phase I........
NM         Cannon AFB....  Special                24,622          24,622
                            Operations
                            Forces Hangar/
                            AMU (MC-130j)..
NM         Cannon AFB....  Special                39,674          39,674
                            Operations
                            Forces
                            Operations And
                            Training
                            Complex........
NM         White Sands...  Health And             22,900          22,900
                            Dental Clinics.
NY         U.S. Military   West Point MS          27,960          27,960
            Academy......   Add/Alt........
OH         Columbus......  Replace Public          7,400           7,400
                            Safety Facility
PA         Def             Replace                96,000          96,000
            Distribution    Headquarters
            Depot New       Facility.......
            Cumberland...
TX         Fort Bliss....  Hospital                    0         147,100
                            Replacement,
                            Incr 2.........
TX         Lackland AFB..  Ambulatory Care       162,500         162,500
                            Center, Ph 2...
UT         Camp Williams.  Comprehensive               0         398,358
                            National
                            Cybersecurity
                            Initiative Data
                            Center
                            Increment 2....
VA         Craney Island.  Replace Fuel           58,000          58,000
                            Pier...........
VA         Fort Belvoir..  Dental Clinic           6,300           6,300
                            Replacement....
VA         Pentagon......  Pentagon Metro &        6,473           6,473
                            Corridor 8
                            Screening
                            Facility.......
VA         Pentagon......  Power Plant            51,928          51,928
                            Modernization,
                            Ph 3...........
VA         Pentagon......  Secure Access           4,923           4,923
                            Lane-Remote
                            Vehicle
                            Screening......
VA         Quantico......  New Consolidated       47,355          47,355
                            Elementary
                            School.........
WA         Fort Lewis....  Special                 4,700           4,700
                            Operations
                            Forces Military
                            Working Dogs
                            Kennel.........
WA         Fort Lewis....  Preventive              8,400           8,400
                            Medicine
                            Facility.......
ZU         Unspecified     General                              -150,000
            Locations....   Reduction......
------------------------------------------------------------------------

       (b) Outside the United States.--The Secretary of Defense 
     may acquire real property and carry out military construction 
     projects for the Defense Agencies at the installations or 
     locations outside the United States, and subject to the 
     purpose, total amount authorized, and authorization of 
     appropriations specified for each project, set forth in the 
     following table:

[[Page H3971]]



------------------------------------------------------------------------
    Defense Wide: Outside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
BE         Brussels......  NATO                   31,863          31,863
                            Headquarters
                            Facility.......
BE         Brussels......  Replace Shape          67,311          67,311
                            Middle School/
                            High School....
GU         Agana NAS.....  Hospital                    0          70,000
                            Replacement,
                            Incr 2.........
GY         Katterbach....  Health/Dental          37,100          37,100
                            Clinic
                            Replacement....
GY         Panzer Kaserne  Replace                48,968          48,968
                            Boeblingen High
                            School.........
GY         Vilseck.......  Health Clinic          34,800          34,800
                            Add/Alt........
JA         Kadena AB.....  Install Fuel            3,000           3,000
                            Filters-
                            Separators.....
JA         Misawa AB.....  Hydrant Fuel           31,000          31,000
                            System.........
KR         Camp Carroll..  Health/Dental          19,500          19,500
                            Clinic
                            Replacement....
PR         Fort Buchanan.  Antilles               58,708          58,708
                            Elementry
                            School/
                            Intermediate
                            School -
                            Replace School.
QA         Al Udeid......  Qatar Warehouse.        1,961           1,961
UK         Menwith Hill    Menwith Hill            2,000           2,000
            Station......   Station PSC
                            Construction -
                            Generators 10 &
                            11.............
UK         Royal Air       Alconbury              30,308          30,308
            Force           Elementry
            Alconbury....   School
                            Replacement....
UK         Royal Air       Replace Hydrant        15,900          15,900
            Force           Fuel
            Mildenhall...   Distribution
                            System.........
------------------------------------------------------------------------

       (c) Authorization of Appropriations.--
       (1) Inside the united states.--For military construction 
     projects inside 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 $1,930,120,000.
       (2) Outside the united states.--For military construction 
     projects outside the United States authorized by subsection 
     (b), funds are hereby authorized to be appropriated for 
     fiscal years beginning after September 30, 2010, in the total 
     amount of $452,419,000.
       (3) 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 
     $42,856,000.
       (4) Contingency construction.--For contingency construction 
     projects of the Secretary of Defense under section 2804 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 $10,000,000.
       (5) 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 $434,185,000.

     SEC. 2402. FAMILY HOUSING.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2010--
       (1) for support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), in the total amount of $50,464,000; and
       (2) 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), in the 
     total amount of $17,611,000.

     SEC. 2403. ENERGY CONSERVATION PROJECTS.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2010, for energy conservation projects 
     under chapter 173 of title 10, United States Code, 
     $130,000,000.
       (b) Availability of Funds for Reserve Component Projects.--
     Of the amount authorized to be appropriated by subsection (a) 
     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.

          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), $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) under the agency heading relating to Chemical 
     Demilitarization, 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 
     amended by striking ``$469,200,000'' and inserting 
     ``$723,200,000''.
       (c) Limitation.--The Secretary of the Army may not enter 
     into a solicitation or task order using Federal Acquisition 
     Regulation Subpart 16.3, titled ``Cost Reimbursement 
     Contracts'', to carry out the military construction project 
     covered by the authorization modification provided by the 
     amendment made by subsection (a).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

     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 AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Inside the United States.--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 subject to the purpose, total amount 
     authorized, and authorization of appropriations specified for 
     each project, set forth in the following table:

[[Page H3972]]



------------------------------------------------------------------------
 Army National Guard: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AR         Camp Robinson.  Combined Support       30,000          30,000
                            Maintenance
                            Shop...........
AR         Fort Chaffee..  Combined Arms          19,000          19,000
                            Collective
                            Training
                            Facility.......
AR         Fort Chaffee..  Live Fire Shoot         2,500           2,500
                            House..........
AZ         Florence......  Readiness Center       16,500          16,500
CA         Camp Roberts..  Combined Arms          19,000          19,000
                            Collective
                            Training
                            Facility.......
CO         Watkins.......  Parachute               3,569           3,569
                            Maintenance
                            Facility.......
CO         Colorado        Readiness Center       20,000          20,000
            Springs......
CO         Fort Carson...  Regional               40,000          40,000
                            Training
                            Institute......
CO         Gypsum........  High Altitude          39,000          39,000
                            Army Aviation
                            Training Site/
                            Army Aviation
                            Support
                            Facility.......
CO         Windsor.......  Readiness Center        7,500           7,500
CT         Windsor Locks.  Readiness Center       41,000          41,000
                            (Aviation).....
DE         New Castle....  Armed Forces           27,000          27,000
                            Reserve
                            Center(JFHQ)...
GA         Cumming.......  Readiness Center       17,000          17,000
GA         Dobbins ARB...  Readiness Center       10,400          10,400
                            Add/Alt........
HI         Kalaeloa......  Combined Support       38,000          38,000
                            Maintenance
                            Shop...........
ID         Gowen Field...  Barracks               17,500          17,500
                            (Operational
                            Readiness
                            Training
                            Complex) Ph1...
ID         Mountain Home.  Tactical                6,300           6,300
                            Unmanned
                            Aircraft System
                            Facility.......
IL         Marseilles TA.  Simulation              2,500           2,500
                            Center.........
IL         Springfield...  Combined Support       15,000          15,000
                            Maintenance
                            Shop Add/Alt...
KS         Wichita.......  Field                  24,000          24,000
                            Maintenance
                            Shop...........
KS         Wichita.......  Readiness Center       43,000          43,000
KY         Burlington....  Readiness Center       19,500          19,500
LA         Fort Polk.....  Tactical                5,500           5,500
                            Unmanned
                            Aircraft System
                            Facility.......
LA         Minden........  Readiness Center       28,000          28,000
MA         Hanscom AFB...  Armed Forces           23,000          23,000
                            Reserve
                            Center(JFHQ)Ph2
MD         St. Inigoes...  Tactical                5,500           5,500
                            Unmanned
                            Aircraft System
                            Facility.......
MI         Camp Grayling   Combined Arms          19,000          19,000
            Range........   Collective
                            Training
                            Facility.......
MN         Arden Hills...  Field                  29,000          29,000
                            Maintenance
                            Shop...........
MN         Camp Ripley...  Infantry Squad          4,300           4,300
                            Battle Course..
MN         Camp Ripley...  Tactical                4,450           4,450
                            Unmanned
                            Aircraft System
                            Facility.......
NC         Morrisville...  AASF 1 Fixed            8,815           8,815
                            Wing Aircraft
                            Hangar Annex...
NC         High Point....  Readiness Center        1,551           1,551
                            Add/Alt........
ND         Camp Grafton..  Readiness Center       11,200          11,200
                            Add/Alt........
NE         Lincoln.......  Readiness Center        3,300           3,300
                            Add/Alt........
NE         Mead..........  Readiness Center       11,400          11,400
NH         Pembroke......  Barracks               15,000          15,000
                            Facility
                            (Regional
                            Training
                            Institute).....
NH         Pembroke......  Classroom              21,000          21,000
                            Facility
                            (Regional
                            Training
                            Institute).....
NM         Farmington....  Readiness Center        8,500           8,500
                            Add/Alt........
NV         Las Vegas.....  CST Ready               8,771           8,771
                            Building.......
NY         Ronkonkoma....  Flightline              2,780           2,780
                            Rehabilitation.
OH         Camp Sherman..  Maintenance             3,100           3,100
                            Building Add/
                            Alt............
RI         Middletown....  Readiness Center        3,646           3,646
                            Add/Alt........
RI         East Greenwich  United States          27,000          27,000
                            Property &
                            Fiscal Office..
SD         Watertown.....  Readiness Center       25,000          25,000
TX         Camp Maxey....  Combat Pistol/          2,500           2,500
                            Military Pistol
                            Qualification
                            Course.........
TX         Camp Swift....  Urban Assault           2,600           2,600
                            Course.........
WA         Tacoma........  Combined Support       25,000          25,000
                            Maintenance
                            Shop...........
WI         Wausau........  Field                  12,008          12,008
                            Maintenance
                            Shop...........
WI         Madison.......  Aircraft Parking        5,700           5,700
WV         Moorefield....  Readiness Center       14,200          14,200
WV         Morgantown....  Readiness Center       21,000          21,000
WY         Laramie.......  Field                  14,400          14,400
                            Maintenance
                            Shop...........
ZU         Various.......  Various.........       60,000          60,000
------------------------------------------------------------------------

       (b) Outside the United States.--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 subject to the purpose, total amount 
     authorized, and authorization of appropriations specified for 
     each project, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
         Army National Guard: Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
GU                       Barrigada..................  Combined Support Maint Shop        19,000           19,000
                                                       Ph1........................
PR                       Camp Santiago..............  Live Fire Shoot House.......        3,100            3,100
PR                       Camp Santiago..............  Multipurpose Machine Gun            9,200            9,200
                                                       Range......................
VI                       St. Croix..................  Readiness Center (JFHQ).....       25,000           25,000
----------------------------------------------------------------------------------------------------------------

       (c) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Secretary of the Army 
     for fiscal years beginning after September 30, 2010, for the 
     costs of acquisition, architectural and engineering services, 
     and construction of facilities for the Army National Guard of 
     the United States, 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 
     total amount of $1,019,902,000.

     SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Inside the United States.--The Secretary of the Army 
     may acquire real property and carry out military construction 
     projects for the Army Reserve locations inside the United

[[Page H3973]]

     States, and subject to the purpose, total amount authorized, 
     and authorization of appropriations specified for each 
     project, set forth in the following table:

------------------------------------------------------------------------
    Army Reserve: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
CA         Fairfield.....  Army Reserve           26,000          26,000
                            Center.........
CA         Fort Hunter     Equipment              22,000          22,000
            Liggett......   Concentration
                            Site Tactical
                            Equipment Maint
                            Facility.......
CA         Fort Hunter     Equipment              15,000          15,000
            Liggett......   Concentration
                            Site Warehouse.
CA         Fort Hunter     Grenade Launcher        1,400           1,400
            Liggett......   Range..........
CA         Fort Hunter     Hand Grenade            1,400           1,400
            Liggett......   Familiarization
                            Range (Live)...
CA         Fort Hunter     Light Demolition        2,700           2,700
            Liggett......   Range..........
CA         Fort Hunter     Tactical Vehicle        9,500           9,500
            Liggett......   Wash Rack......
FL         Miami.........  Army Reserve           13,800          13,800
                            Center/Land....
FL         Orlando.......  Army Reserve           10,200          10,200
                            Center/Land....
FL         West Palm       Army Reserve           10,400          10,400
            Beach........   Center/Land....
GA         Macon.........  Army Reserve           11,400          11,400
                            Center/Land....
IA         Des Moines....  Army Reserve            8,175           8,175
                            Center.........
IL         Quincy........  Army Reserve           12,200          12,200
                            Center/Land....
IN         Michigan City.  Army Reserve           15,500          15,500
                            Center/Land....
MA         Devens Reserve  Automated Record        4,700           4,700
            Forces          Fire Range.....
            Training Area
MO         Kansas City...  Army Reserve           11,800          11,800
                            Center.........
NJ         Fort Dix......  Automated               9,800           9,800
                            Multipurpose
                            Machine Gun
                            Range..........
NM         Las Cruces....  Army Reserve           11,400          11,400
                            Center/Land....
NY         Binghamton....  Army Reserve           13,400          13,400
                            Center/Land....
TX         Dallas........  Army Reserve           12,600          12,600
                            Center/Land....
TX         Rio Grande....  Army Reserve            6,100           6,100
                            Center/Land....
TX         San Marcos....  Army Reserve            8,500           8,500
                            Center/Land....
VA         Fort A.P. Hill  Army Reserve           15,500          15,500
                            Center.........
VA         Roanoke.......  Army Reserve           14,800          14,800
                            Center/Land....
VA         Virginia Beach  Army Reserve           11,000          11,000
                            Center.........
WI         Fort McCoy....  AT/MOB Billeting        9,800           9,800
                            Complex, Ph 1..
WI         Fort McCoy....  NCO Academy, Ph        10,000          10,000
                            2..............
ZU         Various.......  Various.........       30,000          30,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Secretary of the Army 
     for fiscal years beginning after September 30, 2010, for the 
     costs of acquisition, architectural and engineering services, 
     and construction of facilities for the Army Reserve, 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 total amount of $358,331,000.

     SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
                   CONSTRUCTION AND LAND ACQUISITION PROJECTS AND 
                   AUTHORIZATION OF APPROPRIATIONS.

       (a) Inside the United States.--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 subject to the 
     purpose, total amount authorized, and authorization of 
     appropriations specified for each project, set forth in the 
     following table:

------------------------------------------------------------------------
Navy Reserve and Marine Corps Reserve: Inside the United States (Amounts
                 Are Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
CA         Twentynine      Tank Vehicle            5,991           5,991
            Palms........   Maintenance
                            Facility.......
LA         New Orleans...  Joint Air              16,281          16,281
                            Traffic Control
                            Facility.......
VA         Williamsburg..  Navy Ordnance          21,346          21,346
                            Cargo Logistics
                            Training Camp..
WA         Yakima........  Marine Corps           13,844          13,844
                            Reserve Center.
ZU         Various.......  Various.........       15,000          15,000
ZU         Various.......  Various.........       15,000          15,000
------------------------------------------------------------------------


[[Page H3974]]

       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Secretary of the Navy 
     for fiscal years beginning after September 30, 2010, for the 
     costs of acquisition, architectural and engineering services, 
     and construction of facilities for the Navy Reserve and 
     Marine Corps Reserve, 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 
     total amount of $91,557,000.

     SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
                   LAND ACQUISITION PROJECTS AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Inside the United States.--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 subject to the purpose, total 
     amount authorized, and authorization of appropriations 
     specified for each project, set forth in the following table:

------------------------------------------------------------------------
 Air National Guard: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AL         Montgomery      Fuel Cell And           7,472           7,472
            Regional        Corrosion
            Airport (ANG)   Control Hangar.
            Base.........
AZ         Davis Monthan   Predator Foc-           4,650           4,650
            AFB..........   Active Duty
                            Associate......
CO         Buckely AFB...  Taxiway Juliet          4,000           4,000
                            and Lima.......
DE         New Castle      Joint Forces            1,500           1,500
            County          Operations
            Airport......   Center-Ang
                            Share..........
FL         Jacksonville    Security Forces         6,700           6,700
            IAP..........   Training
                            Facility.......
GA         Savannah/       Relocate Air            7,450           7,450
            Hilton Head     Supt Opers Sqdn
            IAP..........   (Asos) Fac.....
HI         Hickam AFB....  F-22 Beddown            5,950           5,950
                            Intrastructure
                            Support........
HI         Hickam AFB....  F-22 Hangar,           48,250          48,250
                            Squadron
                            Operations And
                            Amu............
HI         Hickam AFB....  F-22 Upgrade           17,250          17,250
                            Munitions
                            Complex........
IA         Des Moines IAP  Corrosion               4,750           4,750
                            Control Hangar.
IL         Capital Map...  CNAF Beddown-          16,700          16,700
                            Upgrade
                            Facilities.....
IN         Hulman          ASOS Beddown-           4,100           4,100
            Regional        Upgrade
            Airport......   Facilities.....
MA         Barnes ANGB...  Add to Aircraft         6,000           6,000
                            Maintenance
                            Hangar.........
MD         Martin State    Replace Ops and        11,400          11,400
            Airport......   Medical
                            Training
                            Facility.......
MN         Duluth........  Load Crew               8,000           8,000
                            Training and
                            Weapon Release
                            Shops..........
NC         Stanly County   Upgrade Asos            2,000           2,000
            Airport......   Facilities.....
NJ         Atlantic City   Fuel Cell and           8,500           8,500
            IAP..........   Corrosion
                            Control Hangar.
NY         Stewart ANGB..  Aircraft                3,750           3,750
                            Conversion
                            Facility.......
NY         Fort Drum.....  Reaper                  2,500           2,500
                            Infrastructure
                            Support........
NY         Stewart IAP...  Base Defense           14,250          14,250
                            Group Beddown..
OH         Toledo Express  Replace Security        7,300           7,300
            Airport......   Forces Complex.
PA         State College   Add to and Alter        4,100           4,100
            ANGS.........   AOS Facility...
SC         McEntire Joint  Replace                 9,100           9,100
            National        Operations and
            Guard Base...   Training.......
TN         Nashville IAP.  Renovate Intel          5,500           5,500
                            Squadron
                            Facilities.....
ZU         Various.......  Various.........       50,000          50,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Secretary of the Air 
     Force for fiscal years beginning after September 30, 2010, 
     for the costs of acquisition, architectural and engineering 
     services, and construction of facilities for the Air National 
     Guard of the United States, 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 
     total amount of $292,371,000.

     SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Inside the United States.--The Secretary of the Air 
     Force may acquire real property and carry out military 
     construction projects for the Air Force Reserve locations 
     inside the United States, and subject to the purpose, total 
     amount authorized, and authorization of appropriations 
     specified for each project, set forth in the following table:

------------------------------------------------------------------------
  Air Force Reserve: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
FL         Patrick AFB...  Weapons                 3,420           3,420
                            Maintenance
                            Facility.......
NY         Niagara ARS...  C-130 Flightline        9,500           9,500
                            Operations
                            Facility, Ph 1.
ZU         Various.......  Various.........       30,000          30,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Secretary of the Air 
     Force for fiscal years beginning after September 30, 2010, 
     for the costs of acquisition, architectural and engineering 
     services, and construction of facilities for the Air Force 
     Reserve, 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 total 
     amount of $47,332,000.

     SEC. 2606. 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 
     authorizations set forth in the table in subsection (b), as 
     provided in sections 2601 and 2604 of that Act (122 Stat. 
     527, 528), 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:

                            National Guard: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania..........................  East Fallowfield Township  Readiness Center............       $8,300,000
Vermont...............................  Burlington...............  Security Improvements.......       $6,600,000
----------------------------------------------------------------------------------------------------------------


[[Page H3975]]

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

                       Subtitle A--Authorizations

     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, as follows:
       (1) For the Department of the Army, $1,012,420,000.
       (2) For the Department of the Navy, $342,146,000.
       (3) For the Department of the Air Force, $127,255,000.
       (4) For the Defense Agencies, $872,464,000.

                       Subtitle B--Other Matters

     SEC. 2711. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER 
                   FORT BELVOIR, VIRGINIA, BRAC INITIATIVE.

       (a) Limitation on Project Implementation.--The Secretary of 
     the Army may not take beneficial occupancy of more than 1,000 
     parking spaces provided by the combination spaces provided by 
     the BRAC 133 project and the lease of spaces in the immediate 
     vicinity of the BRAC 133 project until both of the following 
     occur:
       (1) The Secretary submits to the congressional defense 
     committees a viable transportation plan for the BRAC 133 
     project.
       (2) The Secretary certifies to the congressional defense 
     committees that construction has been completed to provide 
     adequate ingress to and egress from the business park at 
     which the BRAC 133 project is located.
       (b) Viability of Transportation Plan.--To be considered a 
     viable transportation plan under subsection (a)(1), the 
     transportation plan must provide for the ingress and egress 
     of all personnel to and from the BRAC 133 project site 
     without further reducing the level 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 30, 
     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 Secretary 
     of Army's transportation plan and adherence to the 
     limitations imposed by subsection (a).
       (d) Definitions.--In this section:
       (1) BRAC 133 project.--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) Level of service.--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.

       (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. AUTHORITY TO TRANSFER PROCEEDS FROM SALE OF 
                   MILITARY FAMILY HOUSING TO DEPARTMENT OF 
                   DEFENSE FAMILY HOUSING IMPROVEMENT FUND.

       (a) Authority To Transfer Proceeds.--Section 2831 of title 
     10, United States Code, is amended--
       (1) in subsection (b), by striking ``There'' in the matter 
     preceding paragraph (1) and inserting ``Except as authorized 
     by subsection (e), there'';
       (2) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively;
       (3) in subsection (g) (as so redesignated), by striking 
     ``subsection (e)'' both places it appears and inserting 
     ``subsection (f)''; and
       (4) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Authority To Transfer Family Housing Proceeds.--(1) 
     The Secretary concerned may transfer proceeds of the handling 
     and the disposal of family housing received under subsection 
     (b)(3), less those expenses payable pursuant to section 
     572(a) of title 40, to the Department of Defense Family 
     Housing Improvement Fund established under section 2883(a) of 
     this title.
       ``(2) A transfer under paragraph (1) may be made only after 
     the end of the 30-day period beginning on the date the 
     Secretary concerned submits written notice of, and 
     justification for, the transfer to the appropriate committees 
     of Congress or, if earlier, the end of the 14-day period 
     beginning on the date on which a copy of the notice and 
     justification is provided in an electronic medium pursuant to 
     section 480 of this title.''.
       (b) Conforming Amendment to Department of Defense Family 
     Housing Improvement Fund.--Section 2883(c)(1) of such title 
     is amended by adding at the end the following new 
     subparagraph:
       ``(H) Any amounts from the proceeds of the handling and 
     disposal of family housing of a military department 
     transferred to that Fund pursuant to section 2831(e) of this 
     title.''.

     SEC. 2803. ENHANCED AUTHORITY FOR PROVISION OF EXCESS 
                   CONTRIBUTIONS FOR NATO SECURITY INVESTMENT 
                   PROGRAM.

       Section 2806 of title 10, United States Code, is amended--
       (1) in subsection (c), by striking ``Secretary'' the first 
     two places it appears and inserting ``Secretary of Defense''; 
     and
       (2) by adding at the end the following new subsection:
       ``(d) If the Secretary of Defense determines that 
     construction of facilities described in subsection (a) is 
     necessary to advance United States national security or 
     national interest, the Secretary may include the pre-
     financing and initiation of construction services, which will 
     be provided by the Department of Defense and are not 
     otherwise authorized by law, as an element of the excess 
     North Atlantic Treaty Organization Security Investment 
     program contributions made under subsection (c).''.

     SEC. 2804. DURATION OF AUTHORITY TO USE PENTAGON RESERVATION 
                   MAINTENANCE REVOLVING FUND FOR CONSTRUCTION AND 
                   REPAIRS 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 paragraph (3), monies''; and
       (2) by adding at the end the following new paragraph:
       ``(3) The authority of the Secretary to use monies from the 
     Fund to support construction, repair, alteration, or related 
     activities for the Pentagon Reservation expires on September 
     30, 2012.''.

     SEC. 2805. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
                   FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 
                   STATES CENTRAL COMMAND AREA OF RESPONSIBILITY.

       (a) 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 of the Military

[[Page H3976]]

     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''.
       (b) Availability of Authority.--Subsection (a)(1) of such 
     section is amended--
       (1) by striking ``war,'' and inserting ``war or''; and
       (2) by striking ``, or a contingency operation''.
       (c) Waiver of Advance Notification Requirement.--Subsection 
     (b) of such section is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D); respectively;
       (2) by striking ``Before using'' and inserting ``(1) Before 
     using''; and
       (3) by adding at the end the following new paragraph:
       ``(2) During fiscal year 2011, the Secretary of Defense may 
     waive the prenotification requirements under paragraph (1) 
     and section 2805(b) of title 10, United States Code, with 
     regard to a construction project carried out under the 
     authority of this section. In the case of any such waiver, 
     the Secretary of Defense shall include in the next quarterly 
     report submitted under subsection (d) the information 
     otherwise required in advance by subparagraphs (A) through 
     (D) of paragraph (1) with regard to the construction 
     project.''.
       (d) Annual Limitation on Use of Authority in Afghanistan.--
     Subsection (c)(2) of such section 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''.

     SEC. 2806. VETERANS TO WORK PILOT PROGRAM FOR MILITARY 
                   CONSTRUCTION PROJECTS.

       (a) Veterans to Work Program.--Subchapter III of chapter 
     169 of title 10, United States Code, is amended by inserting 
     after section 2856 the following new section:

     ``Sec. 2857. Veterans to Work Pilot Program

       ``(a) Pilot Program; Purposes.--(1) The Secretary of 
     Defense shall establish the Veterans to Work pilot program to 
     determine--
       ``(A) the maximum feasible extent to which apprentices who 
     are also veterans may be employed to work on military 
     construction projects designated under subsection (b); and
       ``(B) the feasibility of expanding the employment of 
     apprentices who are also veterans to include military 
     construction projects in addition to those projects 
     designated under subsection (b).
       ``(2) The Secretary of Defense shall establish and conduct 
     the pilot program in consultation with the Secretary of Labor 
     and the Secretary of Veterans Affairs.
       ``(b) Designation of Military Construction Projects for 
     Pilot Program.--(1) For each of fiscal years 2011 through 
     2015, the Secretary of Defense shall designate for inclusion 
     in the pilot program not less than 20 military construction 
     projects (including unspecified minor military construction 
     projects under section 2805(a) of this title) that will be 
     conducted in that fiscal year.
       ``(2) In designating military construction projects under 
     this subsection, the Secretary of Defense shall--
       ``(A) designate military construction projects that are 
     located where there are veterans enrolled in qualified 
     apprenticeship programs or veterans who could be enrolled in 
     qualified apprenticeship programs in a cost-effective, 
     timely, and feasible manner; and
       ``(B) ensure geographic diversity among the States in the 
     military construction projects designated.
       ``(3) Unspecified minor military construction projects may 
     not exceed 40 percent of the military construction projects 
     designated under this subsection for a fiscal year.
       ``(c) Contract Provisions.--Any agreement that the 
     Secretary of Defense enters into for a military construction 
     project that is designated for inclusion in the pilot program 
     shall ensure that--
       ``(1) to the maximum extent feasible, apprentices who are 
     also veterans are employed on that military construction 
     project; and
       ``(2) contractors participate in a qualified apprenticeship 
     program.
       ``(d) Report.--(1) Not later than 150 days after the end of 
     each fiscal year during which the pilot program is active, 
     the Secretary of Defense shall submit to Congress a report 
     that includes the following:
       ``(A) The progress of designated military construction 
     projects and the role of apprentices who are also veterans in 
     achieving that progress.
       ``(B) Any challenges, difficulties, or problems encountered 
     in recruiting veterans to become apprentices.
       ``(C) Cost differentials in the designated military 
     construction projects compared to similar projects completed 
     contemporaneously, but not designated for the pilot program.
       ``(D) Evaluation of benefits derived from employing 
     apprentices, including the following:
       ``(i) Workforce sustainability.
       ``(ii) Workforce skills enhancement.
       ``(iii) Increased short- and long-term cost-effectiveness.
       ``(iv) Improved veteran employment in sustainable wage 
     fields.
       ``(E) Any other information the Secretary of Defense 
     determines appropriate.
       ``(2) Not later than March 1, 2016, the Secretary of 
     Defense shall submit to Congress a report that--
       ``(A) analyzes the pilot program in terms of its effect on 
     the sustainability of a workforce to meet the military 
     construction needs of the Armed Forces;
       ``(B) analyzes the effects of the pilot program on veteran 
     employment in sustainable wage fields or professions; and
       ``(C) makes recommendations on the continuation, 
     modification, or expansion of the pilot program on the basis 
     of such factors as the Secretary of Defense determines 
     appropriate, including the following:
       ``(i) Workforce sustainability.
       ``(ii) Cost-effectiveness.
       ``(iii) Community development.
       ``(3) The Secretary of Defense shall prepare the report 
     required by paragraph (2) in consultation with the Secretary 
     of Labor and the Secretary of Veterans Affairs.
       ``(e) 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 `pilot program' means the Veterans to Work 
     pilot program established under subsection (a).
       ``(3)(A) Except as provided in subparagraph (B), 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)).
       ``(B) If the Secretary of Labor determines that a qualified 
     apprenticeship program (as defined in subparagraph (A)) for a 
     craft or trade classification of workers that a prospective 
     contractor or subcontractor intends to employ for a military 
     construction project included in the pilot program is not 
     operated in the locality of the project, the Secretary of 
     Labor may expand the definition of qualified apprenticeship 
     program to include another apprenticeship or training 
     program, so long as the apprenticeship or training program is 
     registered for Federal purposes with the Office of 
     Apprenticeship of the Department of Labor or a State 
     apprenticeship agency recognized by such Office.
       ``(4) The term `State' means any of the States, the 
     District of Columbia, or territories of Guam, Puerto Rico, 
     the Northern Mariana Islands, and the United States Virgin 
     Islands.
       ``(5) The term `veteran' has the meaning given such term 
     under section 101(2) of title 38.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2856 the following new item:

``2857. Veterans to Work Pilot Program.''.

        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

[[Page H3977]]

     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. 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. 2814. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, 
                   PUERTO RICO.

       (a) In General.--Notwithstanding section 204(c) of the 
     Military Construction Authorization Act, 1974 (Public Law 93-
     166; 87 Stat. 668), and paragraph 9 of the quitclaim deed 
     relating to the island of Culebra in the Commonwealth of 
     Puerto Rico, the Secretary of Defense--
       (1) may provide for the removal of any unexploded ordnance 
     and munitions scrap on that portion of Flamenco Beach located 
     within the former bombardment area of the island; and
       (2) shall conduct a study relating to the presence of 
     unexploded ordnance in the former bombardment area 
     transferred to the Commonwealth, with the exception of the 
     area referred to in paragraph (1).
       (b) Contents of Study.--The study required by subsection 
     (a)(2) shall include the following:
       (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 under subsection (a)(2), the Secretary of Defense shall 
     consult with the Commonwealth 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) Submission of 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 containing the results of the study conducted under 
     subsection (a)(2).
       (e) 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. SENSE OF CONGRESS REGARDING IMPORTANCE OF 
                   PROVIDING COMMUNITY ADJUSTMENT ASSISTANCE TO 
                   GOVERNMENT OF GUAM.

       It is the Sense of Congress that--
       (1) for national security reasons, the United States is 
     required from time to time to construct major, new military 
     installations despite the serious adverse impacts that the 
     installations will have on the communities and the areas in 
     which the installations are constructed; and
       (2) neither the impacted local governments nor the 
     communities in which the installations are constructed should 
     be expected to bear the full cost of mitigating such adverse 
     impacts.

     SEC. 2822. DEPARTMENT OF DEFENSE ASSISTANCE FOR COMMUNITY 
                   ADJUSTMENTS RELATED TO REALIGNMENT OF MILITARY 
                   INSTALLATIONS AND RELOCATION OF MILITARY 
                   PERSONNEL ON GUAM.

       (a) Temporary Assistance Authorized.--
       (1) Assistance to government of guam.--The Secretary of 
     Defense may assist the Government of Guam in meeting the 
     costs of providing increased municipal services and 
     facilities required as a result of the realignment of 
     military installations and the relocation of military 
     personnel on Guam (in this section referred to as the ``Guam 
     realignment'') if the Secretary determines that an unfair and 
     excessive financial burden will be incurred by the Government 
     of Guam to provide the services and facilities in the absence 
     of the Department of Defense assistance.
       (2) Mitigation of identified impacts.--The Secretary of 
     Defense may take such actions as the Secretary considers to 
     be appropriate to mitigate the significant impacts identified 
     in the Record of Decision of the ``Guam and CNMI Military 
     Relocation Environmental Impact Statement'' by providing 
     increased municipal services and facilities to activities 
     that directly support the Guam realignment.
       (b) Methods To Provide Assistance.--
       (1) Use of existing programs.--The Secretary of Defense 
     shall carry out subsection (a) through existing Federal 
     programs.
       (2) Transfer authority.--To the extent necessary to carry 
     out subsection (a), the Secretary may transfer appropriated 
     funds available to the Department of Defense or a military 
     department for operation and maintenance to supplement funds 
     made available to Guam under a Federal program. The transfer 
     authority provided by this paragraph is in addition to the 
     transfer authority provided by section 1001. Amounts so 
     transferred shall be merged with and be available for the 
     same purposes as the appropriation to which transferred.
       (3) Cost share assistance.--The Secretary may use 
     appropriated amounts referred to in paragraph (2) to provide 
     financial assistance to the Government of Guam to assist the 
     Government of Guam to pay its share of the costs under 
     Federal programs utilized by the Secretary under paragraph 
     (1).
       (c) Limitation on Provision of Assistance.--The total cost 
     of the construction of facilities carried out utilizing the 
     authority provided by subsection (a) may not exceed 
     $500,000,000.
       (d) Special Considerations.--In determining the amount of 
     financial assistance to be made available under this section 
     to the Government of Guam for any community service or 
     facility, the Secretary of Defense shall consult with the 
     head of the department or agency of the Federal Government 
     concerned with the type of service or facility for which 
     financial assistance is being made available and shall take 
     into consideration--
       (1) the time lag between the initial impact of increased 
     population on Guam and any increase in the local tax base 
     that will result from such increased population;

[[Page H3978]]

       (2) the possible temporary nature of the increased 
     population and the long-range cost impact on the permanent 
     residents of Guam; and
       (3) such other pertinent factors as the Secretary of 
     Defense considers appropriate.
       (e) Progress Reports Required.--The Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives semiannual reports 
     indicating the total amount expended under the authority of 
     this section during the preceding six-month period, the 
     specific projects for which assistance was provided during 
     such period, and the total amount provided for each project 
     during such period.
       (f) Termination.--The authority to provide assistance under 
     subsection (a) expires September 30, 2017. Amounts obligated 
     before that date may be expended after that date.

     SEC. 2823. 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 National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2669), is amended by striking ``September 30, 
     2015'' and inserting ``September 30, 2020''.

     SEC. 2824. 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. 2825. 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. 2826. 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 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.

     SEC. 2827. COMPTROLLER GENERAL REPORT ON PLANNED REPLACEMENT 
                   NAVAL HOSPITAL ON GUAM.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall review and assess the proposed 
     replacement Naval Hospital on Guam to determine whether the 
     size and scope of the hospital will be sufficient to support 
     the current and projected military mission requirements and 
     Department of Defense beneficiary population on Guam.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report containing 
     the results of the review and assessment under subsection 
     (a).

                      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) and 
     paragraphs (5) through (8) as paragraphs (6) through (9), 
     respectively;
       (3) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Opportunities for the high-performance construction, 
     lease, operation, and maintenance of buildings.''; and
       (4) by inserting after paragraph (9) (as redesignated by 
     paragraph (2)) the following new paragraph:
       ``(10) The value of incorporating electric, hybrid-
     electric, and high efficiency vehicles into vehicle 
     fleets.''.

[[Page H3979]]

     SEC. 2832. PLAN AND IMPLEMENTATION GUIDELINES FOR ACHIEVING 
                   DEPARTMENT OF DEFENSE GOAL REGARDING USE OF 
                   RENEWABLE ENERGY TO MEET FACILITY ENERGY NEEDS.

       (a) Plan and Guidelines Required.--Section 2911(e) 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) The Secretary of Defense, in coordination with the 
     Secretaries of the military departments, shall develop a plan 
     and implementation guidelines for achieving the percentage 
     goal specified in paragraph (1)(A).''.
       (b) Submission.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report containing the plan and 
     implementation guidelines required by paragraph (2) of 
     section 2911(e) of title 10, United States Code, as added by 
     subsection (a).

     SEC. 2833. INSULATION RETROFITTING ASSESSMENT FOR DEPARTMENT 
                   OF DEFENSE FACILITIES.

       (a) Submission and Contents of Insulation Retrofitting 
     Assessment.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives an assessment containing an estimate of--
       (1) the number of Department of Defense facilities 
     described in subsection (b); and
       (2) the overall cost savings and energy savings to the 
     Department that would result from retrofitting those 
     facilities with improved insulation.
       (b) Facilities Included in Assessment.--The assessment 
     requirement in subsection (a) shall apply with respect to 
     each Department of Defense facility the retrofitting of which 
     (as described in such subsection) would result, over the 
     remaining expected life of the facility, in an amount of cost 
     savings that is at least twice the amount of the cost of the 
     retrofitting.

                      Subtitle E--Land Conveyances

     SEC. 2841. CONVEYANCE OF PERSONAL PROPERTY RELATED TO WASTE-
                   TO-ENERGY POWER PLANT SERVING EIELSON AIR FORCE 
                   BASE, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the Fairbanks North Star Borough, Alaska (in 
     this section referred to as the ``Borough''), personal 
     property acquired for the Eielson Air Force Base Alternate 
     Energy Source Program to be used for a waste-to-energy power 
     plant that would generate electricity through the burning of 
     waste generated by the Borough, Eielson Air Force Base, and 
     other Federal facilities or State or local government 
     entities.
       (b) Consideration.--As consideration for the conveyance of 
     personal property under subsection (a), the Secretary shall 
     require the Borough to offset Eielson Air Force Base waste 
     disposal fees by the fair market value of the conveyed 
     property.
       (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. 2842. LAND CONVEYANCE, WHITTIER PETROLEUM, OIL, AND 
                   LUBRICANT TANK FARM, WHITTIER, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, 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 
     parcels of real property, including any improvements thereon, 
     consisting of approximately 31 acres at the Whittier 
     Petroleum, Oil, and Lubricant Tank Farm, Whittier, Alaska, 
     for the purpose of permitting the City to use the property 
     for local public activities.
       (b) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the City 
     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 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance.
       (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.
       (c) 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 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.).
       (d) Description of Property.--The exact acreage and legal 
     descriptions 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), including easements 
     or covenants to protect cultural or natural resources, as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2843. 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) Reimbursement for Costs of Conveyance.--(1) The 
     Department shall reimburse the Secretary for any costs 
     incurred by the Secretary in making 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) Amounts received as reimbursement 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 other amounts in such fund or account.
       (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.
       (d) 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. 2844. 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.

[[Page H3980]]

     SEC. 2845. 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 local public activities.
       (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. 2846. 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. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS 
                   MILITARY MEDICAL FACILITIES.

       (a) Unified Construction Standard for Military Construction 
     and Repairs to Military Medical Facilities.--Not later than 
     90 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 facilities that provides a single standard of care. 
     This standard shall also include a size standard for 
     operating rooms and patient recovery rooms.
       (b) Independent Review Panel.--
       (1) Establishment; purpose.--The Secretary of Defense shall 
     establish an independent advisory panel for the purpose of--
       (A) advising the Secretary regarding 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 facilities in the 
     National Capital Region;
       (B) monitoring the implementation and any subsequent 
     modification of the master plan referred to in subparagraph 
     (A); and
       (C) making recommendations regarding any adjustments of the 
     master plan referred to in subparagraph (A) needed to ensure 
     the provision of world class military medical facilities 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 facilities 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 facilities 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 an 
     assessment of the adequacy of the master plan referred to in 
     paragraph (1)(A) and the recommendations of the panel to 
     improve the plan.
       (B) Additional reports.--Not later than February 28, 2011, 
     and February 29, 2012, 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) an assessment by the Secretary of the findings and 
     recommendations of the panel; and
       (B) 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 facility.--The term 
     ``world class military medical facility'' has the meaning 
     given the term 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. 2852. 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.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

                 Subtitle A--Fiscal Year 2010 Projects

     SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

       (a) Outside the United States.--The Secretary of the Army 
     may acquire real property and carry out military construction 
     projects for various locations outside the United States, and 
     subject to the purpose, total amount authorized, and 
     authorization of appropriations specified for the projects, 
     set forth in the following table:

----------------------------------------------------------------------------------------------------------------
      Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Various Locations..........  Operational Facilities......       80,100           80,100
AF                       Various Locations..........  Supporting Activities.......       62,900           62,900
AF                       Various Locations..........  Utility Facilities..........       52,600           52,600
----------------------------------------------------------------------------------------------------------------


[[Page H3981]]

       (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, 2009, in the total 
     amount of $195,600,000.
       (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, 2009, in the total amount of 
     $40,000,000.
       (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, 2009, in the 
     total amount of $6,696,000.

     SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Outside the United States.--The Secretary of the Air 
     Force may acquire real property and carry out military 
     construction projects for various locations outside the 
     United States, and subject to the purpose, total amount 
     authorized, and authorization of appropriations specified for 
     the projects, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
   Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Various Locations..........  Operational Facilities......      220,500          220,500
AF                       Various Locations..........  Supply Facilities...........       24,550           24,550
----------------------------------------------------------------------------------------------------------------

       (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, 2009, in the total 
     amount of $245,050,000.
       (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, 2009, in the total amount of 
     $15,000,000.
       (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, 2009, in the 
     total amount of $19,040,000.

                 Subtitle B--Fiscal Year 2011 Projects

     SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

       (a) Outside the United States.--The Secretary of the Army 
     may acquire real property and carry out military construction 
     projects for various locations outside the United States, and 
     subject to the purpose, total amount authorized, and 
     authorization of appropriations specified for the projects, 
     set forth in the following table:

----------------------------------------------------------------------------------------------------------------
      Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Various Locations..........  Air Pollution Abatement.....       16,000           16,000
AF                       Various Locations..........  Community Facilities........       21,450           21,450
AF                       Various Locations..........  Hospital and Medical               50,800           50,800
                                                       Facilities.................
AF                       Various Locations..........  Operational Facilities......       69,600           69,600
AF                       Various Locations..........  Supply Facilities...........       30,700           30,700
AF                       Various Locations..........  Supporting Activities.......      199,800          199,800
AF                       Various Locations..........  Troop Housing Facilities....      283,000          283,000
AF                       Various Locations..........  Utility Facilities..........       90,600           90,600
----------------------------------------------------------------------------------------------------------------

       (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 $761,950,000.
       (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 
     $78,330,000.
       (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 $89,716,000.

     SEC. 2912. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Outside the United States.--The Secretary of the Air 
     Force may acquire real property and carry out military 
     construction projects for various locations outside the 
     United States, and subject to the purpose, total amount 
     authorized, and authorization of appropriations specified for 
     the projects, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
   Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Various Locations..........  Maintenance and Production          7,400            7,400
                                                       Facilities.................
AF                       Various Locations..........  Operational Facilities......      203,000          203,000
AF                       Various Locations..........  Supply Facilities...........        7,100            7,100
----------------------------------------------------------------------------------------------------------------

       (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 $217,500,000.
       (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. 2913. 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 a classified project at 
     a classified location outside the United States, and subject 
     to the total amount authorized and authorization of 
     appropriations specified for the project, set forth in the 
     following table:

[[Page H3982]]



----------------------------------------------------------------------------------------------------------------
  Defense Wide: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
XC                       Classified Location........  Classified Project..........       41,900           41,900
----------------------------------------------------------------------------------------------------------------

       (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.

     SEC. 2914. CONSTRUCTION AUTHORIZATION FOR NATIONAL SECURITY 
                   AGENCY FACILITIES IN A FOREIGN COUNTRY.

       Of the amounts authorized to be appropriated by this 
     subtitle, the Secretary of Defense may use not more than 
     $46,500,000 to plan, design, and construct facilities in a 
     foreign country for the National Security Agency.

                       Subtitle C--Other Matters

     SEC. 2921. NOTIFICATION OF OBLIGATION OF FUNDS AND QUARTERLY 
                   REPORTS.

       (a) Notification of Obligation of Funds.--
       (1) Notice and wait requirement.--Before using appropriated 
     funds to carry out a construction project outside the United 
     States that is authorized by section 2901, 2902, 2911, or 
     2912 and has an estimated cost in excess of the amounts 
     authorized for unspecified minor military construction 
     projects under section 2805(c) of title 10, United States 
     Code, the Secretary of Defense shall submit to the 
     congressional defense committees a notice regarding the 
     construction project. The project may be carried out only 
     after the end of the 10-day period beginning on the date the 
     notice is received by the committees or, if earlier, the end 
     of the 7-day period beginning on the date on which a copy of 
     the notification is provided in an electronic medium pursuant 
     to section 480 of title 10, United States Code.
       (2) Contents of notice.--The notice for a construction 
     project covered by subsection (a) shall include the 
     following:
       (A) Certification that the construction--
       (i) is necessary to meet urgent military operational 
     requirements of a temporary nature involving the use of the 
     Armed Forces;
       (ii) is carried out in support of a non-enduring mission; 
     and
       (iii) is the minimum construction necessary to meet 
     temporary operational requirements.
       (B) A description of the purpose for which appropriated 
     funds are being obligated.
       (C) All relevant documentation detailing the construction 
     project.
       (D) An estimate of the total amount obligated for the 
     construction.
       (b) Quarterly Reports.--
       (1) Report required.--Not later than 45 days after the end 
     of each fiscal-year quarter during which appropriated funds 
     are obligated or expended to carry out construction projects 
     outside the United States that are authorized by section 
     2901, 2902, 2911, or 2912, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the worldwide obligation and expenditure during that quarter 
     of appropriated funds for such construction projects.
       (2) Project authority contingent on submission of 
     reports.--The ability to use section 2901, 2902, 2911, or 
     2912 as authority during a fiscal year to obligate 
     appropriated funds available to carry out construction 
     projects outside the United States shall commence for that 
     fiscal year only after the date on which the Secretary of 
     Defense submits to the congressional defense committees all 
     of the quarterly reports (if any) that were required under 
     paragraph (1) for the preceding fiscal year.
       (c) Limitation on Transfer Authority.--If the Secretary of 
     the Army or the Secretary of the Air Force determines that 
     amounts appropriated pursuant to the authorization of 
     appropriation in section 2901, 2902, 2911, or 2912 are 
     required for any construction project that will cause 
     obligations to exceed any of the category amounts specified 
     in this title or for a construction project that is not 
     within the scope of the category, the Secretary shall notify 
     the congressional defense committees of this determination at 
     least 14 days before obligating funds for the project.

 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.

       (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, $7,008,835,000.
       (2) For defense nuclear nonproliferation activities, 
     $2,687,167,000.
       (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, 
     $23,300,000.
       (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. 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; 
     116 Stat. 2739; 50 U.S.C. 2343(b)(1)) is amended by striking 
     ``January 1, 2013'' and inserting ``January 1, 2018''.

     SEC. 3112. ENERGY PARKS INITIATIVE.

       (a) In General.--Subtitle B of title XLVIII of the Atomic 
     Energy Defense Act (division D of Public Law 107-314; 50 
     U.S.C. 2501 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4815. ENERGY PARKS INITIATIVE.

       ``(a) In General.--The Secretary of Energy may facilitate 
     the development of energy parks described in subsection (b) 
     on defense nuclear facility reuse property through the use of 
     collaborative partnerships with State and local governments, 
     the private sector, and community reuse organizations 
     approved by the Secretary.
       ``(b) Energy Parks.--An energy park described in this 
     subsection is a facility (or group of facilities) developed 
     for the purpose of--
       ``(1) promoting energy security, environmental 
     sustainability, economic competitiveness, and energy sector 
     jobs; and
       ``(2) encouraging pilot programs, demonstration projects, 
     or commercial projects, at or near such facility, with 
     respect to energy generation, energy efficiency, and advanced 
     manufacturing technologies that will contribute to a 
     stabilization of atmospheric greenhouse gas concentrations 
     through the reduction, avoidance, or sequestration of energy-
     related emissions.
       ``(c) Infrastructure.--In facilitating the development of 
     an energy park under this section, the Secretary shall--
       ``(1) use existing infrastructure, facilities, workforces, 
     and other assets in the vicinity of the energy park; and
       ``(2) ensure that such energy park does not interfere with 
     the Secretary's other responsibilities at any defense nuclear 
     facility.
       ``(d) Report.--Not later than December 31, 2011, the 
     Secretary shall submit to the Committee on Armed Services and 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Armed Services and the 
     Committee on Energy and Natural Resources of the Senate a 
     report on steps taken to facilitate the development of energy 
     parks under this section.
       ``(e) Definitions.--In this section:
       ``(1) 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).
       ``(2) The term `defense nuclear facility reuse property' 
     means property that--
       ``(A) is located at a defense nuclear facility; and
       ``(B) the Secretary of Energy determines--
       ``(i) has been adequately remediated by the Secretary or 
     was not in need of remediation; and
       ``(ii) is ready for use as an energy park.''.
       (b) Clerical Amendment.--The table of contents in section 
     4001(b) of such Act (division D of Public Law 107-314) is 
     amended by inserting after the item relating to section 4814 
     the following new item:

``Sec. 4815. Energy parks initiative.''.

     SEC. 3113. ESTABLISHMENT OF TECHNOLOGY TRANSFER CENTERS.

       (a) Technology Transfer Centers.--

[[Page H3983]]

       (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) Technology Transfer Centers.--(1) Subject to the 
     availability of appropriations provided for such purpose, the 
     Administrator shall establish a technology transfer center 
     described in paragraph (2) at each national security 
     laboratory.
       ``(2) A technology transfer 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 technology transfer 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 TECHNOLOGY TRANSFER CENTERS'' 
     after ``PARTNERSHIPS''.
       (b) Clerical Amendment.--The table of contents in section 
     4001(b) of such Act (division D of Public Law 107-314) is 
     amended by striking the item relating to section 4813 and 
     inserting the following new item:

``Sec. 4813. Critical technology partnerships and technology transfer 
              centers.''.

     SEC. 3114. AIRCRAFT PROCUREMENT.

       Of the amounts authorized to be appropriated under section 
     3101(a)(1) for fiscal year 2011 for weapons activities, the 
     Secretary of Energy may procure not more than two aircraft.

                          Subtitle C--Reports

     SEC. 3121. COMPTROLLER GENERAL REPORT ON NNSA BIENNIAL 
                   COMPLEX MODERNIZATION STRATEGY.

       Section 3255 of the National Nuclear Security 
     Administration Act (50 U.S.C. 2455) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) GAO Study and Reports.--(1) For each plan and 
     assessment submitted under subsection (a), the Comptroller 
     General of the United States shall conduct a study that 
     includes the following:
       ``(A) An analysis of the plan under subsection (a)(1).
       ``(B) An analysis of the assessment under subsection 
     (a)(2).
       ``(C) Whether both the budget for the fiscal year in which 
     the plan and assessment 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 in accordance with the plan.
       ``(D) An analysis of any assessment submitted by the 
     Administrator under subsection (c).
       ``(E) With respect to the facilities infrastructure 
     recapitalization program--
       ``(i) whether such program achieved its mission of 
     addressing deferred and backlogged maintenance;
       ``(ii) to what extent deferred and backlogged maintenance 
     remains unaddressed;
       ``(iii) whether the expiration of such program's 
     authorities has weakened or strengthened plans under 
     subsection (a); and
       ``(iv) whether the reauthorization of such program would 
     further the goal of modernizing and refurbishing the nuclear 
     security complex.
       ``(2) Not later than 180 days after the date on which the 
     Administrator submits the plan and assessment under 
     subsection (a), the Comptroller General shall submit to the 
     congressional defense committees a report on the study under 
     paragraph (1), including--
       ``(A) the findings of the study under paragraph (1);
       ``(B) whether the plan and assessment submitted under 
     subsection (a) support each element under subsection (b); and
       ``(C) the role of the United States Strategic Command in 
     making an assessment under subsection (c).
       ``(3) Not later than 90 days after the date on which a 
     budget is submitted to Congress during an even-numbered 
     fiscal year, the Comptroller General shall submit to the 
     congressional defense committees an update to the previous 
     study under paragraph (1) taking into account the nuclear 
     security budget materials included with such budget.''.

     SEC. 3122. 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 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.

       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.

       (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.

       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. ADMINISTRATIVE EXPENSES FOR PORT OF GUAM 
                   IMPROVEMENT ENTERPRISE PROGRAM.

       Section 3512(c)(4) of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (48 U.S.C. 
     1421r(c)(4)) is amended--
       (1) by inserting ``, and of other amounts appropriated or 
     otherwise made available to the Maritime Administration for 
     the purposes of the Program for fiscal year 2011 or 
     thereafter,'' after ``for a fiscal year''; and
       (2) by inserting ``under this section'' before the period 
     at the end.

     SEC. 3505. VESSEL LOAN GUARANTEES: PROCEDURES FOR TRADITIONAL 
                   AND NONTRADITIONAL APPLICATIONS.

       (a) Definitions.--Section 53701 of title 46, United States 
     Code, is amended--

[[Page H3984]]

       (1) by redesignating paragraph (14) as paragraph (16);
       (2) by redesignating paragraphs (10) through (13) as 
     paragraphs (11) through (14), respectively;
       (3) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) Nontraditional application.--The term `nontraditional 
     application' means an application for a loan, guarantee, or 
     commitment to guarantee under this chapter, that is not a 
     traditional application, as determined by the 
     Administrator.''; and
       (4) by inserting after paragraph (14), as so redesignated, 
     the following new paragraph:
       ``(15) Traditional application.--The term `traditional 
     application' means an application for a loan, guarantee, or 
     commitment to guarantee under this chapter that involves a 
     market, technology, and financial structure of a type that 
     has proven successful in previous applications and does not 
     present an unreasonable risk to the United States, as 
     determined by the Administrator.''.
       (b) Deadline for Decision on Application; Extension.--
     Section 53703(a) of title 46, United States Code, is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary or Administrator shall 
     approve or deny an application for a loan guarantee under 
     this chapter--
       ``(A) in the case of a traditional application, before the 
     end of the 90-day period beginning on the date on which the 
     signed application is received by the Secretary or 
     Administrator; and
       ``(B) in the case of a nontraditional application, before 
     the end of the 120-day period beginning on such date of 
     receipt.''; and
       (2) in paragraph (2), by striking ``the 270-day period in 
     paragraph (1) to a date not later than 2 years'' and 
     inserting ``the applicable period under paragraph (1) to a 
     date that is not later than 1 year after the date on which 
     the signed application was received by the Secretary or 
     Administrator''.
       (c) Independent Analysis.--Section 53708(d) of title 46, 
     United States Code, is amended by striking ``an application'' 
     and inserting ``a nontraditional application''.
       (d) Application.--The amendments made by this section shall 
     apply only to applications submitted after the date of 
     enactment of this Act.

  Amend the title so as to read: ``A bill 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.''.

  The Acting CHAIR. No amendment to the amendment in the nature of a 
substitute is in order except those printed in House Report 111-498 and 
amendments en bloc described in section 3 of House Resolution 1404.
  Except as specified in section 4 of the resolution, each amendment 
printed in the report shall be offered only in the order printed, may 
be offered only by a Member designated in the report, shall be 
considered read, debatable for the time specified in the report, 
equally divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a demand for a 
division of the question.
  It shall be in order at any time for the chair of the Committee on 
Armed Services or his designee to offer amendments en bloc consisting 
of amendments printed in the report not earlier disposed of or germane 
modifications of any such amendments.
  Amendments en bloc shall be considered read, except that 
modifications shall be reported, shall be debatable for 20 minutes, 
equally divided and controlled by the chair and ranking minority member 
or their designees, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question.
  For the purpose of inclusion in such amendments en bloc, an amendment 
printed in the form of a motion to strike may be modified to the form 
of a germane perfecting amendment to the text originally proposed to be 
stricken.
  The original proponent of an amendment included in the amendments en 
bloc may insert a statement in the Congressional Record immediately 
before disposition of the amendments en bloc.
  The Chair of the Committee of the Whole may recognize for 
consideration of any amendment out of the order printed, but not sooner 
than 30 minutes after the chair of the Committee on Armed Services or 
his designee announces from the floor a request to that effect.


                 Amendment No. 1 Offered by Mr. Skelton

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 111-498.
  Mr. SKELTON. Mr. Chairman, I have an amendment at the desk, amendment 
No. 1.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Skelton:
       Page 172, line 10, strike ``of an enlisted member of the 
     Armed Forces'' and insert ``of a candidate''.
       Page 172, beginning line 12, strike ``member,'' and insert 
     ``candidate''.
       Page 172, line 15, insert after ``(1)'' the following: ``is 
     an enlisted member of the Armed Forces and''.
       Page 404, line 6, strike ``or later''.
       Page 437, strike line 19 and all that follows through page 
     438, line 14 (and redesignate subsequent sections 
     accordingly).
       Page 603, in the table above line 1, in the column titled 
     ``Installation or Location'', strike ``Miami'' and insert 
     ``North Fort Myers'', strike ``West Palm Beach'' and insert 
     ``Tallahassee'', strike ``Kansas City'' and insert 
     ``Belton'', strike ``Dallas'' and insert ``Denton'', and 
     strike ``Virginia Beach'' and insert ``Fort Story''.
       Page 670, lines 1 and 2, strike ``NATIONAL SECURITY 
     AGENCY'' and insert ``DEPARTMENT OF DEFENSE'' (and conform 
     the table of contents in section 2(b)).
       Page 670, line 7, strike ``National Security Agency'' and 
     insert ``Department of Defense''.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Missouri (Mr. Skelton) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to my colleague, the 
gentlewoman from Massachusetts (Ms. Tsongas).
  Ms. TSONGAS. Thank you, Mr. Chairman, for yielding and for your 
leadership on this important legislation.
  I rise in support of the Fiscal Year 2011 National Defense 
Authorization Act and the accompanying manager's amendment.
  This bipartisan legislation supports the ongoing efforts of our Armed 
Forces to keep our country safe, to maintain our resolve against 
extremists, and to sustain nuclear weapons nonproliferation.
  It provides our men and women with the crucial tools they need to 
protect our country and to effectively find and hold accountable those 
who wish us harm. Equally as important, the NDAA includes protections 
for our servicemembers, such as lighter weight body armor that will 
keep our servicemembers safe but will lighten the burden we ask them to 
carry.
  This bill also expands legal rights for servicemembers who have been 
victims of sexual assault, and it improves training related to the 
prevention of and to the response to this crime. I also look forward to 
the long overdue repeal of Don't Ask, Don't Tell.
  The unanimous support that this bill received in committee is a 
testament to our continued commitment to provide the technology, 
equipment, and manpower required to protect our country at all times.
  I urge my colleagues to support H.R. 5136.
  The Acting CHAIR. Without objection, the gentleman from New Jersey 
will control the time.
  There was no objection.
  Mr. ANDREWS. Mr. Chairman, I am pleased to yield 1 minute to my 
friend and colleague, a gentleman who has made a tremendous 
contribution to the committee already in the area of nuclear weaponry, 
the gentleman from New Mexico (Mr. Heinrich).
  Mr. HEINRICH. Mr. Chairman, I strongly support this amendment, which 
improves and perfects strong underlying legislation to keep the 
American people safe and to spur economic growth in places like central 
New Mexico.
  The bill, as amended, will expand TRICARE coverage to include 
dependent children up to the age of 26, something our troops and 
military families deserve. It also provides our military with the 
cutting-edge resources that they need to defend our Nation.
  Many of these advancements originate in central New Mexico at 
Kirtland Air Force Base and at Sandia National Laboratories. For 
example, the Operationally Responsive Space satellite program and the 
Airborne Laser Test Bed will both receive greater resources to 
accomplish their important missions, and the bill will authorize a 
secure microgrid energy pilot program on a military installation to 
advance our goal of energy security and independence.

[[Page H3985]]

  This bill is a true reflection of our 21st century military strategy 
for keeping Americans safe, and I urge my colleagues to support the 
amendment and the underlying legislation.

                              {time}  1415

  Mr. McKEON. Mr. Chairman, I claim the time in opposition, although I 
will not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from California is 
recognized for 5 minutes.
  There was no objection.
  Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
  Mr. ANDREWS. Mr. Chairman, for the benefit of the House, we will be 
calling several speakers.
  Mr. Chairman, I yield 1 minute to our friend and colleague who has 
been a leader on port security issues here in the country, who has 
worked very hard on them, the gentlewoman from California (Ms. 
Richardson).
  Ms. RICHARDSON. Mr. Chairman, I rise in strong support of H.R. 5136. 
I want to thank Chairman Skelton, the committee, and all of the staff 
that have brought us to this point.
  Having visited Afghanistan and Iraq, I strongly agree that this bill 
will help us to restore and enhance the readiness of our troops. But 
with the limited time that I have to speak, I would like to focus on 
one part of the amendment today, and that is my amendment that would 
allow the Transportation Command to update and expand its Port Look 
2008 strategic seaports study. This study remains a crucial tool to 
ensure that our ports remain ready to respond in the case of an 
emergency, and, worse, an attack.
  My amendment would expand the scope of the report to include the 
consideration of infrastructure in the vicinity of strategic ports, 
including bridges, roads, and rail capacity. We must be ready to move 
our troops immediately and to get them the resources that they need.
  I stand to say something that I have said before: ``The role of our 
ports is to connect the forts.'' If the transportation systems and 
infrastructure in and around our strategic ports are deficient, the 
ability of our ports to fulfill their readiness would fail.
  I stand in support of this amendment.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Hawaii (Mr. Djou), a new Member that will be serving on our committee 
that we are really happy to hear from at this time.
  Mr. DJOU. Mr. Chairman, I rise in support of H.R. 5136, the fiscal 
year 2011 Defense Authorization Act, as approved unanimously by the 
Armed Services Committee. I am pleased today to give my first 
substantive speech as a Member of the U.S. House of Representatives.
  It is a great honor to speak on the Defense Authorization Act, not 
only as a Member of Congress, but also as the Member who represents 
Hawaii's First Congressional District,the home of the U.S. Pacific 
Command, and speaking also, of course, as an Army Reservist. It is also 
my honor to be speaking on this measure the week before Memorial Day.
  To defend America, we need the best-trained and best-equipped United 
States Armed Forces. I am pleased this bill attempts to ensure that the 
Department of Defense is fully equipped and well prepared to fight all 
of our current and future battles on behalf of our Nation.
  I am pleased to support this particular resolution, which contains 
important measures for the Pacific Command, particularly, of course, 
for myself, representing Hawaii's First Congressional District, home of 
the United States Navy's Pacific Fleet, the U.S. Air Force's Pacific 
Air Force, and the 25th Infantry Division of the United States Army.
  These measures and provisions contained in here will help defend the 
United States and the Asia-Pacific region from the looming threats to 
our national security, in particular the region right now in the Korean 
Peninsula, which I believe deserves our Nation's critical attention.
  I am happy also to support the Republican efforts to deploy a 
comprehensive missile defense system. As the Representative from 
Hawaii, the one region which is in the flight arc of North Korea's 
ballistic missiles, this is an important development and something that 
I encourage the United States Congress to continue to develop further.
  Mr. ANDREWS. Mr. Chairman, I am pleased to yield 1 minute to my 
friend, the gentleman from California (Mr. McNerney), who has worked 
very hard on the issue of special combat pay for those facing the 
fierce actions we are engaged in.
  Mr. McNERNEY. Mr. Chairman, last year I was in Afghanistan. Some 
paratroopers were transporting me outside the city of Kandahar, and one 
of them stopped and turned to me and said, Are you a Congressman? I 
said yes. He said, Can you help us? We haven't had a pay raise in 10 
years. I said, Can I help you? You bet I can.
  Upon returning, I introduced the COMBAT Act to increase specialty pay 
for troops serving overseas and separated from their families. Over the 
past several months, I have worked to incorporate hostile fire, 
imminent danger, and family separation allowance pay increases into the 
2011 National Defense Authorization Act. This increase will help 
hundreds of thousands of servicemembers and their families.
  Our servicemembers and their families have made enormous sacrifices 
to keep us safe. They deserve this pay raise, and I am proud to see 
that the increases are included in the 2011 defense authorization bill.
  Thank you, Mr. Chairman, for your efforts, and for working with me on 
this issue, and for all the work that you have done for our Armed 
Forces. I support this important legislation.
  Mr. McKEON. I yield myself the balance of my time.
  Mr. Chairman, many of the Members on our side have been talking about 
the Murphy amendment that will be coming up later today. We were 
concerned that we were only given 10 minutes to debate that amendment, 
something that will be very far-reaching, very important to all of the 
members of the armed services and to the country. I would like to talk 
just a little bit about the process that we have been going through 
this year.
  Earlier this year, the President, in his State of the Union speech, 
told the Nation that he wanted to see Don't Ask, Don't Tell repealed by 
the end of the year. The Secretary, in responding to the President's 
message, put a process in place, a process that would give to the 
Congress a report covering many items.
  In March, the Secretary selected General Ham and Jeh Johnson, Defense 
Counsel for the Defense Department, two very good men, men of high 
integrity, men that have taken this responsibility very seriously. I 
met with them, and I talked to them about the process, about what they 
were going to do, how they would work to make it fair.
  This month, just a couple of weeks ago, they have let a contract to 
Westat, a Rockville-based firm that has done survey work for the 
Defense Manpower Data Center to conduct surveys on military personnel, 
military spouses, and the comprehensive review working group. They have 
set their criteria on how they are going to move forward on this 
survey.
  They will sample 350,000 members of the military and their families. 
They will survey 100,000 active duty military, 70,000 of their spouses, 
100,000 of the Reserve component military, and 80,000 of their spouses. 
The sample size will be dictated by randomized statistically valid 
responses from various subelements of each component. Servicemembers 
will be asked to respond by mid-July, spouses by the end of August. 
They will develop and identify the sample of servicemembers and 
spouses.
  I specifically asked them if they would reach out to make sure that 
all members were represented, which is what they are going to do. They 
are going to set up a system whereby members of the military who may be 
homosexual will be able to have their feelings known and keep their 
confidence. That report, as they have been set out now to work on, will 
reach out to the military.
  They will then report back to us no later than the first of December, 
and at that point we are asked to move forward.
  I have a letter here from Secretary Gates that says in part, I 
believe in the strongest possible terms that the department must, prior 
to any legislative

[[Page H3986]]

action, be allowed the opportunity to conduct a thorough, objective, 
and systematic assessment of the impact of such a policy change; 
develop an attentive, comprehensive implementation plan, and provide 
the President and the Congress with the results of this effort in order 
to ensure that this step is taken in the most informed and effective 
manner.
  Mr. Chairman, I include for the Record the entire letter from Admiral 
Mullen and Secretary Gates.


                                     The Secretary of Defense,

                                   Washington, DC, April 30, 2010.
     Hon. Ike Skelton,
     Chairman, Committee on Armed Services, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing in response to your letter 
     of April 28 requesting my views on the advisability of 
     legislative action to repeal the so-called ``Don't Ask Don't 
     Tell'' statute prior to the completion of the Department of 
     Defense review of this matter.
       I believe in the strongest possible terms that the 
     Department must, prior to any legislative action, be allowed 
     the opportunity to conduct a thorough, objective, and 
     systematic assessment of the impact of such a policy change; 
     develop an attentive comprehensive implementation plan, and 
     provide the President and the Congress with the results of 
     this effort in order to ensure that this step is taken in the 
     most informed and effective manner. A critical element of 
     this effort is the need to systematically engage our forces, 
     their families, and the broader military community throughout 
     this process. Our military must be afforded the opportunity 
     to inform us of their concerns, insights, and suggestions if 
     we are to carry out this change successfully.
       Therefore, I strongly oppose any legislation that seeks to 
     change this policy prior to the completion of this vital 
     assessment process. Further, I hope Congress will not do so, 
     as it would send a very damaging message to our men and women 
     in uniform that in essence their views, concerns, and 
     perspectives do not matter on an issue with such a direct 
     impact and consequence for them and their families.
                                           Adm. Michael G. Mullen,
                            Chairman of the Joint Chiefs of Staff.
                                                  Robert M. Gates,
                                             Secretary of Defense.

  Mr. ANDREWS. Mr. Chairman, I yield 1 minute to the gentleman from 
Oregon (Mr. Schrader) to talk about his ideas to help improve health 
care for those who serve in our National Guard.
  Mr. SCHRADER. Mr. Chairman, I am here offering an amendment in the 
Defense reauthorization bill for 2011 because of some of the treatment 
that Oregon, Washington, California, Arizona, Nevada, Maryland, and 
Vermont Guardsmen may have received when they got back from tours in 
Iraq and Afghanistan this spring.
  The National Guard and the Army have been fighting side-by-side 
through nearly 9 years of war. It is time to make a full assessment of 
the treatment our National Guard soldiers receive when they get home.
  My first amendment directs the Department of Defense Inspector 
General to report back to Congress by the end of the year on the 
treatment and medical care our National Guard soldiers receive in 
comparison to regular Army.
  The second amendment requires the Secretary of Defense to provide 
each member of the National Guard with a clear and comprehensive 
statement of the medical care and treatment they are entitled to 
receive. When they are in theater, the Army makes no distinction 
between the National Guard, Army Reserves, and regular Army soldiers. 
There should be no distinction in the care when they return home.
  I ask the House to continue this work by supporting my amendments.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Missouri (Mr. Skelton).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. ANDREWS. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Missouri 
will be postponed.


                Amendment No. 2 Offered by Mr. Bartlett

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 111-498.
  Mr. BARTLETT. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Bartlett:
       Page 28, after line 3, insert the following:

     SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL TRACTORS.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by section 101(5) for other procurement, Army, 
     may be obligated or expended by the Secretary of the Army for 
     line-haul tractors unless the source selection is made based 
     on a full and open competition.
       (b) Waiver.--The Secretary of the Army may waive the 
     limitation under subsection (a) if the Secretary certifies to 
     the congressional defense committees by not later than 90 
     days after the date of the enactment of this Act that a sole 
     source selection--
       (1) is needed to fulfill mission requirements; or
       (2) is more cost effective than a full and open 
     competition.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Maryland (Mr. Bartlett) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. BARTLETT. Mr. Chairman, we have noted two concerns relative to 
the Army Reserve line-haul tractors. The first concern is that they are 
procuring these tractors sole-source, without the benefits and 
advantages of full and open competition; and, secondly, their 
procurement is way, way, behind the need. They are in fact about 1,000 
tractors short. So I have a very simple amendment which addresses these 
two concerns:
  (A) Congressional encouragement of full and open competition. 
Congress encourages the Secretary of the Army to use full and open 
competition for the M915 tractor-trailer program beginning in fiscal 
year 2012; and,
  (B) Report. Not later than February 15, 2011, the Secretary of the 
Army shall submit to the congressional defense committees a report on 
line-haul tractors, including possible courses of action that would 
accelerate meeting the line-haul tractor requirement of the Army 
Reserve.
  We have vetted this with the Army Reserves, Mr. Chairman, and they 
are in support of it. I encourage a ``yes'' vote on this.
  I yield back the balance of my time.
  Mr. ANDREWS. Mr. Chairman, I rise to claim the time in opposition, 
although I do not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from New Jersey is 
recognized for 5 minutes.
  There was no objection.
  Mr. ANDREWS. Mr. Chairman, I rise in support of the amendment. It is 
a very well-thought-out amendment that encourages competition, which 
will be a service to the servicemembers of our country, as well as to 
our taxpayers. We thank the gentleman from Maryland for offering it and 
would urge Members to support it.
  I yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Maryland (Mr. Bartlett).
  The amendment was agreed to.
  Mr. ANDREWS. Mr. Chairman, pursuant to section 3 of House Resolution 
1404, as the designee of the chairman of the Committee on Armed 
Services, I request that during further consideration of H.R. 5136 in 
the Committee of the Whole and following consideration of Amendment No. 
82 printed in House Report 111-498, the following amendments be 
considered: en bloc No. 3, followed by en bloc No 4.

                              {time}  1430


           Amendment No. 3 Offered by Mr. Smith of Washington

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 111-498.
  Mr. SMITH of Washington. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Smith of Washington:
       At the end of subtitle I of title V, insert the following:

     SEC. 5__. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE 
                   UNIFORMED SERVICES.

       (a) In General.--Part III of title 38, United States Code, 
     is amended by adding at the end the following new chapter:

   ``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE 
                           UNIFORMED SERVICES

``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.

[[Page H3987]]

``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.

     ``Sec. 4401. Definitions

       ``In this chapter:
       ``(1) The terms `benefit', `rights and benefits', 
     `employee', `employer', and `uniformed services' have the 
     meaning given such terms in section 4303 of this title.
       ``(2) The term `contingency operation' has the same meaning 
     given such term in section 101(a)(13) of title 10.
       ``(3) The term `eligible employee' means an individual who 
     is--
       ``(A) a family member of a member of a uniformed service;
       ``(B) an employee of the employer with respect to whom 
     leave is requested under section 4402 of this title; and
       ``(C) not entitled to leave under section 102(a)(1)(E) of 
     the Family Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)(1)(E)).
       ``(4) The term `family member' means an individual who is, 
     with respect to another individual, one of the following:
       ``(A) The spouse of the other individual.
       ``(B) A son or daughter of the other individual.
       ``(C) A parent of the other individual.
       ``(5) The term `reduced leave schedule' means a leave 
     schedule that reduces the usual number of hours per workweek, 
     or hours per workday, of an employee.
       ``(6) The terms `spouse', `son or daughter', and `parent' 
     have the meaning given such terms in section 101 of the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2611).

     ``Sec. 4402. Leave requirement

       ``(a) Entitlement to Leave.--In any 12-month period, an 
     eligible employee shall be entitled to two workweeks of leave 
     for each family member of the eligible employee who, during 
     such 12-month period--
       ``(1) is in the uniformed services; and
       ``(2)(A) receives notification of an impending call or 
     order to active duty in support of a contingency operation; 
     or
       ``(B) is deployed in connection with a contingency 
     operation.
       ``(b) Leave Taken Intermittently or on Reduced Leave 
     Schedule.--(1) Leave under subsection (a) may be taken by an 
     eligible employee intermittently or on a reduced leave 
     schedule as the eligible employee considers appropriate.
       ``(2) The taking of leave intermittently or on a reduced 
     leave schedule pursuant to this subsection shall not result 
     in a reduction in the total amount of leave to which the 
     eligible employee is entitled under subsection (a) beyond the 
     amount of leave actually taken.
       ``(c) Paid Leave Permitted.--Leave granted under subsection 
     (a) may consist of paid leave or unpaid leave as the employer 
     of the eligible employee considers appropriate.
       ``(d) Relationship to Paid Leave.--(1) If an employer 
     provides paid leave to an eligible employee for fewer than 
     the total number of workweeks of leave that the eligible 
     employee is entitled to under subsection (a), the additional 
     amount of leave necessary to attain the total number of 
     workweeks of leave required under subsection (a) may be 
     provided without compensation.
       ``(2) An eligible employee may elect, and an employer may 
     not require the eligible employee, to substitute any of the 
     accrued paid vacation leave, personal leave, or family leave 
     of the eligible employee for leave provided under subsection 
     (a) for any part of the total period of such leave the 
     eligible employee is entitled to under such subsection.
       ``(e) Notice for Leave.--In any case in which an eligible 
     employee chooses to use leave under subsection (a), the 
     eligible employee shall provide such notice to the employer 
     as is reasonable and practicable.

     ``Sec. 4403. Certification

       ``(a) In General.--An employer may require that a request 
     for leave under section 4402(a) of this title be supported by 
     a certification of entitlement to such leave.
       ``(b) Timeliness of Certification.--An eligible employee 
     shall provide, in a timely manner, a copy of the 
     certification required by subsection (a) to the employer.
       ``(c) Sufficient Certification.--A copy of the 
     notification, call, or order described in section 4402(a)(2) 
     of this title shall be considered sufficient certification of 
     entitlement to leave for purposes of providing certification 
     under this section. The Secretary may prescribe such 
     additional forms and manners of certification as the 
     Secretary considers appropriate for purposes of providing 
     certification under this section.

     ``Sec. 4404. Employment and benefits protection

       ``(a) In General.--An eligible employee who takes leave 
     under section 4402 of this title for the intended purpose of 
     the leave shall be entitled, on return from such leave--
       ``(1) to be restored by the employer to the position of 
     employment held by the eligible employee when the leave 
     commenced; or
       ``(2) to be restored to an equivalent position with 
     equivalent rights and benefits of employment.
       ``(b) Loss of Benefits.--The taking of leave under section 
     4402 of this title shall not result in the loss of any 
     employment benefit accrued prior to the date on which the 
     leave commenced.
       ``(c) Limitations.--Nothing in this section shall be 
     construed to entitle any restored employee to--
       ``(1) the accrual of any seniority or employment benefits 
     during any period of leave; or
       ``(2) any right, benefit, or position of employment other 
     than any right, benefit, or position to which the employee 
     would have been entitled had the employee not taken the 
     leave.

     ``Sec. 4405. Prohibited acts

       ``(a) Exercise of Rights.--It shall be unlawful for any 
     employer to interfere with, restrain, or deny the exercise of 
     or the attempt to exercise, any right provided under this 
     chapter.
       ``(b) Discrimination.--It shall be unlawful for any 
     employer to discharge or in any other manner discriminate 
     against any individual for opposing any practice made 
     unlawful by this chapter.

     ``Sec. 4406. Enforcement

       ``The provisions of subchapter III of chapter 43 of this 
     title shall apply with respect to the provisions of this 
     chapter as if such provisions were incorporated into and made 
     part of this chapter.

     ``Sec. 4407. Miscellaneous provisions

       ``The provisions of subchapter IV of chapter 43 of this 
     title shall apply with respect to the provisions of this 
     chapter as if such provisions were incorporated into and made 
     part of this chapter.''.
       (b) Clerical Amendments.--The table of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 43 the following 
     new item:

``44. Annual Leave for Family of Deployed Members of the Uniformed 
    Services...............................................4401.''.....

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Washington (Mr. Smith) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. SMITH of Washington. Mr. Chairman, I rise to offer an amendment 
regarding military family leave. This committee and this body has, in 
the past, taken great steps to make sure that our military families, 
when they're deployed, they have and do qualify for the Military Family 
Leave Act. Unfortunately, there are some specifics of the military 
family--sorry, of the Family Leave Act--that leave out some of our 
military personnel when they are deployed because of the jobs that they 
have. They do not qualify for the existing Family Leave Act.
  What this amendment does is it makes sure that all military 
personnel, even if they don't qualify for the Family and Medical Leave 
Act, will have the ability to take at least--I'm sorry, the spouses, 
children and parents of our military personnel, will have the ability 
to take at least 2 weeks of unpaid leave when a servicemember receives 
a notification or order to active duty in support of a contingency 
operation or is deployed in connection with such an operation.
  One of the things that we've really struggled to deal with is the 
amount that we have asked of the members of the Guard and Reserve. They 
have been deployed far more since 9/11 than they ever were before, and 
that has a tremendous impact on their families.
  Now, the Guard and Reserve has performed an unbelievable service to 
this country. Every time I travel abroad, go to Iraq and Afghanistan 
and meet members of the Guard and Reserve who are serving over there, I 
come away enormously impressed with their immense dedication and the 
job they're doing on our behalf. They continue to do it. They continue 
to sign up. Recruitment and retention are at all-time highs. They are 
absolutely committed to serving this country.
  But they also need our help and support because members of the Guard 
and Reserve typically have families and jobs here at home, and that is 
disrupted every time they're called up and sent overseas. This is one 
small way that we can help them deal with that disruption, by making 
sure that their loved ones qualify for the Family Medical Leave Act.
  This would be unpaid leave, but it would make sure that they have the 
time to help support their loved one who is being deployed.
  I ask the body to support this amendment.
  Mr. Chair, I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition, 
although I do not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from California is 
recognized for 5 minutes.
  There was no objection.
  Mr. McKEON. Mr. Chairman, continuing my earlier comments, I was right 
in the middle of a letter by Secretary Gates. I will catch everybody up 
to speed.

[[Page H3988]]

  The Secretary said, prior to any legislative action, the military 
should be allowed the opportunity to conduct a thorough, objective, and 
systematic assessment of the impact of such a policy change, develop an 
attentive comprehensive implementation plan, and provide the President 
and the Congress with the results of this effort in order to ensure 
that this step is taken in the most informed and effective manner.
  I'm inserting some of my own language now. I would like to say that 
we will be asked to vote on an amendment later today without having the 
value and the important information that would come from this, without 
being able to act in a most informed and effective manner.
  The Secretary goes on to say a critical element of this effort is the 
need to systematically engage our forces, their families and the 
broader military community throughout the process. Our military must be 
afforded the opportunity to inform us of their concerns, insights, and 
suggestions if we are to carry out this change successfully. Therefore, 
I strongly oppose any legislation that seeks to change this policy 
prior to the completion of this vital assessment process.
  Further, I hope Congress will not do so, as it would send a very 
damaging message to our men and women in uniform that, in essence, 
their views, concerns, and perspectives do not matter on an issue with 
such a direct impact and consequence for them and their families.
  Now, Mr. Skelton, chairman of the committee, spoke to the Secretary 2 
days ago, and the Secretary said, I stand by my letter.
  Next I have a letter from Admiral Roughead, Chief of Naval 
Operations. I spoke to each of the chiefs day before yesterday, I 
believe it was, on May 26, and he sent a letter, part of which says, I 
share the view of Secretary Gates that the best approach would be to 
complete the DOD review before there's any legislation to change the 
law. My concern is that legislative changes, at this point, regardless 
of the precise language used, may cause confusion on the status of the 
law in the fleet and disrupt the review process itself by leading 
sailors to question whether their input matters.
  Obtaining the views and opinions of the force and assessing them in 
light of the issues involved will be complicated by a shifting 
legislative backdrop and its associated debate.
  The admiral told me he was very concerned about what it would do in 
the force, the confusion that would be caused, and losing the 
credibility, actually, of him and his colleagues, because they have 
gone out. Based on what the President said, based on what the Secretary 
said earlier this year, they have gone to the force and told them they 
would be involved in this process; and it breaks faith with them and 
the things that they have tried to tell the force.
  I will read General Schwartz's letter. General Schwartz is the Chief 
of the Air Force. He said, I believe it's important, a matter of 
keeping faith with those currently serving in the Armed Forces, that 
the Secretary of Defense commission review be completed before there is 
any legislation to repeal the Don't Ask, Don't Tell law, which is the 
Murphy amendment which we'll be discussing and voting on later today or 
tomorrow.
  Such action allows me to provide the best military advice to the 
President and sends an important signal to our airmen and their 
families that their opinion matters. To do otherwise, in my view, would 
be presumptive, and would reflect an intent to act before all relevant 
factors are assessed, digested and understood.
  I yield back the balance of my time.
  Mr. SMITH of Washington. Mr. Chairman, I will assume that there is 
support for my amendment. I just want to quickly address what Mr. 
McKeon has said on two levels. First of all, the amendment that we will 
be voting on later today on Don't Ask, Don't Tell specifically leaves 
it in the hands of the Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff to be the one who will chair the policy. The 
policy will not be changed as a result of the amendment that we are 
passing. It will meet, absolutely, the requirement that the Secretary 
of Defense and others have put out to get input from the Armed Forces. 
And it will not, let me repeat, will not be changed until the Secretary 
of Defense and the Chairman of the Joint Chiefs of Staff certify that 
change. They will have to certify it before we go forward.
  Second of all, this policy, Don't Ask, Don't Tell, this ridiculous 
policy that has driven people out of the military who are only too 
anxious to serve, has been in existence for 16 years.
  And I cannot speak for the gentleman from California, but I have 
spoken to many members of the Armed Forces during the course of that 
16-year period about this policy, as I'm sure others have. So the main 
thing I object to is the characterization that the men and women of our 
Armed Forces have been left out of this debate. Nothing could be 
further from the truth. We've had 16 years, and a year and a half since 
President Obama said that he felt the policy should be changed, to have 
those conversations, and we're having them. And again, we will continue 
to have them, even after Congress pulls itself out of this policy. 
We're the ones who inserted ourselves into the debate by passing it in 
the first place 16 years ago. This will now go back to the Secretary of 
Defense to have precisely those conversations that Mr. McKeon wants 
them to have. And I'm sure that they will.
  I yield the balance of my time to the gentleman from New Jersey (Mr. 
Andrews).
  Mr. ANDREWS. I think that the process that my friend from California 
lays out is a correct one, that there should be wide solicitation of 
views from those who wear the uniform, and there will be.
  And the amendment that Mr. Murphy will be offering later today simply 
says this: If, after that process the Secretary of Defense and the 
Chairman of the Joint Chiefs Staff believe that the evidence shows that 
implementation of the repeal would undercut the readiness or 
effectiveness of our troops, they will not certify that the policy 
should be put into effect, and it won't be. The Secretary has 
repeatedly said, Admiral Mullen has repeatedly said the question is not 
whether repeal should take place, but how.
  Mr. Murphy's amendment will set up a rational process for that to 
take place. I believe it's the right thing to do, and I support Mr. 
Smith's amendment which is before us right now.
  Mr. SMITH of Washington. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Washington (Mr. Smith).
  The amendment was agreed to.


                Amendment No. 4 Offered by Mr. Marshall

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 111-498.
  Mr. MARSHALL. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Marshall:
       Page 122, after line 18, insert the following:

     SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESISTANT UTILITY 
                   ENSEMBLES FOR NATIONAL GUARD PERSONNEL IN CIVIL 
                   AUTHORITY MISSIONS.

       It is the sense of Congress that the Chief of the National 
     Guard Bureau should issue fire-resistant utility ensembles to 
     National Guard personnel who are engaged, or likely to become 
     engaged, in defense support to civil authority missions that 
     routinely involve serious fire hazards, such as wildfire 
     recovery efforts.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Georgia (Mr. Marshall) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. MARSHALL. Mr. Chairman, this is a pretty simple amendment. We 
give fire retardant uniforms to all soldiers deploying to our combat 
zones. National Guard soldiers here in the United States do not have 
fire retardant uniforms, for the most part. And yet some National Guard 
soldiers, as an ordinary part of their duties, are exposed to fire 
hazards.
  The amendment's pretty simple. It simply says we acknowledge that 
there's a cost issue associated with the issuing of fire retardant 
uniforms to all of our National Guard soldiers here in the United 
States. But at least we

[[Page H3989]]

should encourage the Guard to consider issuing those uniforms to those 
soldiers who, as a normal course of their duties, from time to time are 
exposed to fire hazards. And I hope that everybody would agree that 
that's a wise thing for us to do.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition. I 
will not oppose the amendment. I will support the amendment as a good 
member of the committee.
  The Acting CHAIR. Without objection, the gentleman from California is 
recognized for 5 minutes.
  There was no objection.
  Mr. McKEON. Mr. Chair, we do have other things we can talk about here 
today, and seeing how the Rules Committee didn't give us time to fully 
debate the Murphy amendment on Don't Ask, Don't Tell, we will use the 
time for that.
  I yield 2 minutes the gentleman from Colorado (Mr. Coffman), a member 
of the committee.

                              {time}  1445

  Mr. COFFMAN of Colorado. Mr. Chairman, I rise in support of the 
amendment offered and in support of the bill as well, the defense 
authorization bill as well, but in opposition certainly to the Murphy 
amendment on the Don't Ask, Don't Tell, reversing Don't Ask, Don't 
Tell.
  One thing that I think hasn't been raised, certainly what the 
amendment states is that the Congress of the United States will in fact 
delegate to the Department of Defense, to the Secretary of the 
Department of Defense and to the Chairman of the Joint Chiefs of Staff, 
the ability to simply do the assessment based on the survey to make 
that decision. But I think the reality is, unfortunately, these are not 
independent positions.
  The President, at the end of the day, is the Commander in Chief, and 
the Secretary of Defense and the Chairman of the Joint Chiefs of Staff 
report to the Commander in Chief. So I question the ability for them to 
make an independent decision. This policy was put in place by the 
Congress of the United States, and it ought to be the Congress of the 
United States that ultimately repeals it based on the findings of the 
study for which I believe that we have the responsibility to review.
  So I would hope that we would, in fact, vote down the Murphy 
amendment, do our job in terms of reviewing the findings of the views 
of the men and women of the Armed Forces of the United States that this 
study is, in fact, to put forward their concerns about the challenges 
of reversing the Don't Ask, Don't Tell policy. Then, upon our reading 
of that information, we will then make an informed decision going 
forward as to whether or not we will reverse this policy or we will 
continue this policy or we will, in fact, reform this policy in some 
other way. But it is wrong for us to delegate this to somebody else, 
and I believe, again, we should vote down the Murphy amendment.
  Mr. MARSHALL. I agree with Mr. Coffman, who cochairs, along with me, 
the Balanced Budget Caucus. I agree with him on both counts: one, that 
I have got a good amendment here, and that we ought not to pass the 
Murphy amendment.
  I think everybody understood the course that we were headed on with 
regard to Don't Ask, Don't Tell was for the military to do a study of 
the issue, give the study to us, we look at the study and then make a 
decision. We don't have the results of the military's analysis. What we 
do have is pretty well expressed concerns by the service Chiefs of each 
one of our branches that we ought not to move forward, that we are 
getting the cart before the horse here on this issue.
  It seems to me we have been committed for some time to a course where 
we are going to look at the information and then make the decision. 
This reverses that course. I think it's a mistake.
  As long as we are talking about different issues here, I would like 
to talk about the F-35 alternate engine as well. We cochair, Mr. 
Coffman, the Balanced Budget Caucus. We are both very concerned about 
unnecessary expenditures.
  I talked to a retired commodore recently. He was an F-16 pilot. They 
had a squadron where pretty routinely only four to six of their jets 
would operate, and it was engine problems. At the time they were having 
those problems, it was sole sourced. When competition was injected, the 
effect of competition was that all of a sudden the engines that we were 
getting improved in quality dramatically. So competition is good for 
the soul.
  We actually have a statute that requires competition. If we follow 
our own law, we will insist upon competition for the engines where the 
F-35 is concerned. But there is a specific example of competition 
working where jet engines are concerned, and it's the F-16 and the 
reliability of the F-16. GAO did a study of the cost savings associated 
with this and concluded it was 21 percent.
  Bottom line, there is not a good argument, except for near-term 
dollar issues, there is not a single good argument why we wouldn't have 
competition where the F-35 engine is concerned.
  I appreciate the ranking member and the chairman of this committee 
and both of the relevant subcommittees strongly supporting having 
competition where the F-35 engine is concerned. I appreciate the 
support that I have received for my amendment with regard to National 
Guard uniforms.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
  I thank the gentleman for his agreement with us on this issue, where 
we had a process set up. The process was set up by the Secretary in 
conformance with the President's wishes, and the thing that they 
thought was very important was having the input from those who would be 
most affected.
  In talking to the Chiefs yesterday, one of them made the comment to 
me, in addition to the letters, he says, Hey, I understand the 
politics. I understand what's going on here. And he said, The amendment 
is very cleverly written. It says nothing will be done to implement 
this until the study is done. However, the headline will be ``Don't 
Ask, Don't Tell Repealed.'' He says, I understand how that works. But 
the guy that's out on an FOB in Afghanistan is going to get the 
headline and he is going to then, when somebody may send him a survey, 
he is going to say, What is this? I know this is already decided. I 
mean, we ought to treat this like it really is.
  Many of your Members, I have been on the floor the whole day, I have 
listened to this debate, and I was also in the Rules Committee 
yesterday and heard it, and many of your Members say this repeals Don't 
Ask, Don't Tell. This is it. And then some of your Members are saying, 
Well, it doesn't really do anything. It just kind of moves the ball 
down the field. Then why are we doing the debate? I think be honest in 
what this really does. This precludes the study, the study we just 
hired that we are going to pay good money for and we are going to hear 
from the troops, but they are going to know that their wishes or their 
desires or their comments or their participation is folly because the 
decision's already made.
  What it's supposed to be was we found out, we went out and did the 
study, then it comes back and came to us with the Chief's and the 
Secretary's recommendations, and then we do have a responsibility here. 
We do pass the laws. And we are giving up that responsibility today by 
voting on something without the complete information. And we're dissing 
the troops. That's what we're doing. We're disrespecting them.
  And as some of the chairmen said to me yesterday, it's going to cause 
confusion in the force, and we don't keep faith with those who are 
putting their lives on the line every day for us. And especially this 
committee. This committee should stand for the force. This committee 
should stand for the troops. This should have been discussed in our 
committee before it came to the full floor.
  I yield back the balance of my time.
  Mr. MARSHALL. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Marshall).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. MARSHALL. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by

[[Page H3990]]

the gentleman from Georgia will be postponed.
  Mr. SKELTON. Mr. Chairman, pursuant to section 4 of House Resolution 
1404, I hereby give notice that amendments number 21, 42, 47 may be 
offered out of order.
  The Acting CHAIR. Duly noted.


            Amendments En Bloc No. 1 Offered by Mr. Skelton

  Mr. SKELTON. Mr. Chairman, pursuant to House Resolution 1404, I offer 
amendments en bloc No. 1.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc No. 1 offered by Mr. Skelton consisting of 
amendments numbered 9, 10, 16, 24, 36, 63, and 70 printed in House 
Report 111-498:


           Amendment No. 9 Offered by Ms. Giffords of Arizona

  The text of the amendment is as follows:

       Page 452, after line 10, insert the following:

     SEC. 1065. SHARED INFORMATION REGARDING TRAINING EXERCISES.

       The Secretary of Defense, acting through Joint Task Force 
     North, may share with the Department of Homeland Security and 
     the Department of Justice any data gathered during training 
     exercises.


            Amendment No. 10 Offered by Mr. Nye of Virginia

  The text of the amendment is as follows:

       Page 79, after line 6, insert the following:

     SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

       (a) Report.--Not later than March 1, 2011, the Secretary of 
     Defense shall submit to the appropriate congressional 
     committees a report on regional advanced technology clusters.
       (b) Matters Included.--The report under subsection (a) 
     shall include the following:
       (1) An analysis of regional advanced technology clusters 
     throughout the United States, including--
       (A) an estimate of the amount of public and private funding 
     activities within each cluster;
       (B) an assessment of the technical competencies of each of 
     these regional advanced technology clusters;
       (C) a comparison of the technical competencies of each 
     regional advanced technology cluster with the technology 
     needs of the Department of Defense; and
       (D) a review of current Department of Defense interaction, 
     cooperation, or investment in regional advanced technology 
     clusters.
       (2) A strategic plan for encouraging the development of 
     innovative, advanced technologies, such as robotics and 
     autonomous systems, to address national security, homeland 
     security, and first responder challenges by--
       (A) enhancing regional advanced technology clusters that 
     support the technology needs of the Department of Defense; 
     and
       (B) identifying and assisting the expansion of additional 
     new regional advanced technology clusters to foster research 
     and development into emerging, disruptive technologies 
     identified through strategic planning documents of the 
     Department of Defense.
       (3) An identification of the resources needed to establish, 
     sustain, or grow regional advanced technology clusters.
       (4) An identification of mechanisms for collaborating and 
     cost sharing with other state, local, and Federal agencies 
     with respect to regional advanced technology clusters, 
     including any legal impediments that may inhibit 
     collaboration or cost sharing.
       (c) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' means 
     the following:
       (A) The Committees on Armed Services, Appropriations, and 
     Small Business of the House of Representatives.
       (B) The Committees on Armed Services, Appropriations, and 
     Small Business and Entrepreneurship of the Senate.
       (2) The term ``regional advanced technology cluster'' means 
     geographic centers focused on building science and 
     technology-based innovation capacity in areas of local and 
     regional strength to foster economic growth and improve 
     quality of life.


           Amendment No. 16 Offered by Mr. Sessions of Texas

  The text of the amendment is as follows:

       At the end of subtitle C of title VII, insert the 
     following:

     SEC. 7__. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS 
                   OF THE ARMED FORCES AND VETERANS FOR TRAUMATIC 
                   BRAIN INJURY AND POST-TRAUMATIC STRESS 
                   DISORDER.

       (a) Payment Process.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall carry out a five-year 
     pilot program under which each such Secretary shall establish 
     a process through which each Secretary shall provide payment 
     for treatments (including diagnostic testing) of traumatic 
     brain injury or post-traumatic stress disorder received by 
     members of the Armed Forces and veterans in health care 
     facilities other than military treatment facilities or 
     Department of Veterans Affairs medical facilities. Such 
     process shall provide that payment be made directly to the 
     health care facility furnishing the treatment.
       (b) Conditions for Payment.--The approval by a Secretary 
     for payment for a treatment pursuant to subsection (a) shall 
     be subject to the following conditions:
       (1) Any drug or device used in the treatment must be 
     approved or cleared by the Food and Drug Administration for 
     any purpose.
       (2) The treatment or study protocol used in treating the 
     member or veteran must have been approved by an institutional 
     review board operating in accordance with regulations issued 
     by the Secretary of Health and Human Services.
       (3) The approved treatment or study protocol (including any 
     patient disclosure requirements) must be used by the health 
     care provider delivering the treatment.
       (4) The patient receiving the treatment or study protocol 
     must demonstrate an improvement as a result of the treatment 
     on one or more of the following:
       (A) Standardized independent pre-treatment and post-
     treatment neuropsychological testing.
       (B) Accepted survey instruments.
       (C) Neurological imaging.
       (D) Clinical examination.
       (5) The patient receiving the treatment or study protocol 
     must be receiving the treatment voluntarily.
       (6) The patient receiving the treatment may not be a 
     retired member of the uniformed services or of the Armed 
     Forces who is entitled to benefits under part A, or eligible 
     to enroll under part B, of title XVIII of the Social Security 
     Act.
       (c) Additional Restrictions Prohibited.--Except as provided 
     in this subsection (b), no restriction or condition for 
     reimbursement may be placed on any health care provider that 
     is operating lawfully under the laws of the State in which 
     the provider is located with respect to the receipt of 
     payment under this Act.
       (d) Payment Deadline.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall make a payment for a 
     treatment or study protocol pursuant to subsection (a) not 
     later than 30 days after a member of the Armed Forces or 
     veteran (or health care provider on behalf of such member or 
     veteran) submits to the Secretary documentation regarding the 
     treatment or study protocol. The Secretary of Defense and the 
     Secretary of Veterans Affairs shall ensure that the 
     documentation required under this subsection may not be an 
     undue burden on the member of the Armed Forces or veteran or 
     on the health care provider.
       (e) Payment Source.--Subsection (c)(1) of section 1074 of 
     title 10, United States Code, shall apply with respect to the 
     payment by the Secretary of Defense for treatment or study 
     protocols pursuant to subsection (a) of traumatic brain 
     injury and post-traumatic stress disorder received by members 
     of the Armed Forces.
       (f) Payment Amount.--A payment under this Act shall be made 
     at the equivalent Centers for Medicare and Medicaid Services 
     reimbursement rate in effect for appropriate treatment codes 
     for the State or territory in which the treatment or study 
     protocol is received. If no such rate is in effect, payment 
     shall be made at a fair market rate, as determined by the 
     Secretary of Defense, in consultation with the Secretary of 
     Health and Human Services, with respect to a patient who is a 
     member of the Armed Forces or the Secretary of Veterans 
     Affairs with respect to a patient who is a veteran.
       (g) Data Collection and Availability.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly develop and maintain a 
     database containing data from each patient case involving the 
     use of a treatment under this section. The Secretaries shall 
     ensure that the database preserves confidentiality and be 
     made available only--
       (A) for third-party payer examination;
       (B) to the appropriate congressional committees and 
     employees of the Department of Defense, the Department of 
     Veterans Affairs, the Department of Health and Human 
     Services, and appropriate State agencies; and
       (C) to the primary investigator of the institutional review 
     board that approved the treatment or study protocol, in the 
     case of data relating to a patient case involving the use of 
     such treatment or study protocol.
       (2) Enrollment in institutional review board study.--In the 
     case of a patient enrolled in a registered institutional 
     review board study, results may be publically distributable 
     in accordance with the regulations prescribed pursuant to the 
     Health Insurance Portability and Accountability Act of 1996 
     (Public Law 104-191) and other regulations and practices in 
     effect as of the date of the enactment of this Act.
       (3) Qualified institutional review boards.--The Secretary 
     of Defense and the Secretary of Veterans Affairs shall each 
     ensure that the Internet website of their respective 
     departments includes a list of all civilian institutional 
     review board studies that have received a payment under this 
     Act.
       (h) Assistance for Members To Obtain Treatment.--
       (1) Assignment to temporary duty.--The Secretary of a 
     military department may assign a member of the Armed Forces 
     under the jurisdiction of the Secretary to temporary duty or 
     allow the member a permissive temporary duty in order to 
     permit the member to receive treatment or study protocol for 
     traumatic brain injury or post-

[[Page H3991]]

     traumatic stress disorder, for which payments shall be made 
     under subsection (a), at a location beyond reasonable 
     commuting distance of the member's permanent duty station.
       (2) Payment of per diem.--A member who is away from the 
     member's permanent station may be paid a per diem in lieu of 
     subsistence in an amount not more than the amount to which 
     the member would be entitled if the member were performing 
     travel in connection with a temporary duty assignment.
       (3) Gift rule waiver.--Notwithstanding any rule of any 
     department or agency with respect to ethics or the receipt of 
     gifts, any assistance provided to a member of the Armed 
     Forces with a service-connected injury or disability for 
     travel, meals, or entertainment incidental to receiving 
     treatment or study protocol under this Act, or for the 
     provision of such treatment or study protocol, shall not be 
     subject to or covered by any such rule.
       (i) Retaliation Prohibited.--No retaliation may be made 
     against any member of the Armed Forces or veteran who 
     receives treatment or study protocol as part of registered 
     institutional review board study carried out by a civilian 
     health care practitioner.
       (j) Treatment of University and Nationally Accredited 
     Institutional Review Boards.--For purposes of this Act, a 
     university-affiliated or nationally accredited institutional 
     review board shall be treated in the same manner as a 
     Government institutional review board.
       (k) Memoranda of Understanding.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall seek to 
     expeditiously enter into memoranda of understandings with 
     civilian institutional review boards described in subsection 
     (j) for the purpose of providing for members of the Armed 
     Forces and veterans to receive treatment carried out by 
     civilian health care practitioners under a treatment or study 
     protocol approved by and under the oversight of civilian 
     institutional review boards that would qualify for payment 
     under this Act.
       (l) Outreach Required.--
       (1) Outreach to veterans.--The Secretary of Veterans 
     Affairs shall notify each veteran with a service-connected 
     injury or disability of the opportunity to receive treatment 
     or study protocol pursuant to this Act.
       (2) Outreach to members of the armed forces.--The Secretary 
     of Defense shall notify each member of the Armed Forces with 
     a service-connected injury or disability of the opportunity 
     to receive treatment or study protocol pursuant to this Act.
       (m) Report to Congress.--Not later than 30 days after the 
     last day of each fiscal year during which the Secretary of 
     Defense and the Secretary of Veterans Affairs are authorized 
     to make payments under this Act, the Secretaries shall 
     jointly submit to Congress an annual report on the 
     implementation of this Act. Such report shall include each of 
     the following for that fiscal year:
       (1) The number of individuals for whom the Secretary has 
     provided payments under this Act.
       (2) The condition for which each such individual receives 
     treatment for which payment is provided under this Act and 
     the success rate of each such treatment.
       (3) Treatment methods that are used by entities receiving 
     payment provided under this Act and the respective rate of 
     success of each such method.
       (4) The recommendations of the Secretaries with respect to 
     the integration of treatment methods for which payment is 
     provided under this Act into facilities of the Department of 
     Defense and Department of Veterans Affairs.
       (n) Termination.--The authority to make a payment under 
     this Act shall terminate on the date that is five years after 
     the date of the enactment of this Act.
       (o) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this Act $10,000,000 for each 
     fiscal year during which the Secretary of Veterans Affairs 
     and the Secretary of Defense are authorized to make payments 
     under this Act.


          Amendment No. 24 Offered by Ms. Jackson Lee of Texas

  The text of the amendment is as follows:

       At the end of title VIII, add the following new section:

     SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN-OWNED, AND 
                   DISADVANTAGED-OWNED SMALL BUSINESSES.

       Not later than December 1, 2010, the Secretary of Defense 
     shall provide to the Congressional Black Caucus a report that 
     includes a list of minority-owned, women-owned, and 
     disadvantaged-owned small businesses that receive contracts 
     resulting from authorized funding to the Department of 
     Defense. The list shall cover the 10 calendar years preceding 
     the date of the enactment of this Act and shall include, for 
     each listed business, the name of the business and the 
     business owner and the amount of the contract award.


          Amendment No. 36 Offered by Ms. Watson of California

  The text of the amendment is as follows:

       At the end of division A, add the following new title:

                TITLE XVII--FEDERAL INFORMATION SECURITY

          Subtitle A--Federal Information Security Amendments

     SEC. 1701. COORDINATION OF FEDERAL INFORMATION POLICY.

       Chapter 35 of title 44, United States Code, is amended by 
     striking subchapters II and III and inserting the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

     ``Sec. 3551. Purposes

       ``The purposes of this subchapter are to--
       ``(1) provide a comprehensive framework for ensuring the 
     effectiveness of information security controls over 
     information resources that support Federal operations and 
     assets;
       ``(2) recognize the highly networked nature of the current 
     Federal computing environment and provide effective 
     Governmentwide management and oversight of the related 
     information security risks, including coordination of 
     information security efforts throughout the civilian, 
     national security, and law enforcement communities;
       ``(3) provide for development and maintenance of minimum 
     controls required to protect Federal information and 
     information infrastructure;
       ``(4) provide a mechanism for improved oversight of Federal 
     agency information security programs;
       ``(5) acknowledge that commercially developed information 
     security products offer advanced, dynamic, robust, and 
     effective information security solutions, reflecting market 
     solutions for the protection of critical information 
     infrastructures important to the national defense and 
     economic security of the Nation that are designed, built, and 
     operated by the private sector; and
       ``(6) recognize that the selection of specific technical 
     hardware and software information security solutions should 
     be left to individual agencies from among commercially 
     developed products.

     ``Sec. 3552. Definitions

       ``(a) Section 3502 Definitions.--Except as provided under 
     subsection (b), the definitions under section 3502 shall 
     apply to this subchapter.
       ``(b) Additional Definitions.--In this subchapter:
       ``(1) The term `adequate security' means security that 
     complies with the regulations promulgated under section 3554 
     and the standards promulgated under section 3558.
       ``(2) The term `incident' means an occurrence that actually 
     or potentially jeopardizes the confidentiality, integrity, or 
     availability of an information system, information 
     infrastructure, or the information the system processes, 
     stores, or transmits or that constitutes a violation or 
     imminent threat of violation of security policies, security 
     procedures, or acceptable use policies.
       ``(3) The term `information infrastructure' means the 
     underlying framework that information systems and assets rely 
     on in processing, storing, or transmitting information 
     electronically.
       ``(4) The term `information security' means protecting 
     information and information infrastructure from unauthorized 
     access, use, disclosure, disruption, modification, or 
     destruction in order to provide--
       ``(A) integrity, which means guarding against improper 
     information modification or destruction, and includes 
     ensuring information nonrepudiation and authenticity;
       ``(B) confidentiality, which means preserving authorized 
     restrictions on access and disclosure, including means for 
     protecting personal privacy and proprietary information;
       ``(C) availability, which means ensuring timely and 
     reliable access to and use of information; and
       ``(D) authentication, which means using digital credentials 
     to assure the identity of users and validate access of such 
     users.
       ``(5) The term `information technology' has the meaning 
     given that term in section 11101 of title 40.
       ``(6)(A) The term `national security system' means any 
     information infrastructure (including any telecommunications 
     system) used or operated by an agency or by a contractor of 
     an agency, or other organization on behalf of an agency--
       ``(i) the function, operation, or use of which--

       ``(I) involves intelligence activities;
       ``(II) involves cryptologic activities related to national 
     security;
       ``(III) involves command and control of military forces;
       ``(IV) involves equipment that is an integral part of a 
     weapon or weapons system; or
       ``(V) subject to subparagraph (B), is critical to the 
     direct fulfillment of military or intelligence missions; or

       ``(ii) is protected at all times by procedures established 
     for information that have been specifically authorized under 
     criteria established by an Executive order or an Act of 
     Congress to be kept classified in the interest of national 
     defense or foreign policy.
       ``(B) Subparagraph (A)(i)(V) does not include a system that 
     is to be used for routine administrative and business 
     applications (including payroll, finance, logistics, and 
     personnel management applications).

     ``Sec. 3553. National Office for Cyberspace

       ``(a) Establishment.--There is established within the 
     Executive Office of the President an office to be known as 
     the National Office for Cyberspace.
       ``(b) Director.--
       ``(1) In general.--There shall be at the head of the Office 
     a Director, who shall be appointed by the President by and 
     with the advice and consent of the Senate. The Director of 
     the National Office for Cyberspace

[[Page H3992]]

     shall administer all functions under this subchapter and 
     collaborate to the extent practicable with the heads of 
     appropriate agencies, the private sector, and international 
     partners. The Office shall serve as the principal office for 
     coordinating issues relating to achieving an assured, 
     reliable, secure, and survivable information infrastructure 
     and related capabilities for the Federal Government.
       ``(2) Basic pay.--The Director shall be paid at the rate of 
     basic pay for level III of the Executive Schedule.
       ``(c) Staff.--The Director may appoint and fix the pay of 
     additional personnel as the Director considers appropriate.
       ``(d) Experts and Consultants.--The Director may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5.

     ``Sec.  3554. Federal Cybersecurity Practice Board

       ``(a) Establishment.--Within the National Office for 
     Cyberspace, there shall be established a board to be known as 
     the `Federal Cybersecurity Practice Board' (in this section 
     referred to as the `Board').
       ``(b) Members.--The Board shall be chaired by the Director 
     of the National Office for Cyberspace and consist of not more 
     than 10 members, with at least one representative from--
       ``(1) the Office of Management and Budget;
       ``(2) civilian agencies;
       ``(3) the Department of Defense;
       ``(4) the Federal law enforcement community;
       ``(5) the Federal Chief Technology Office; and
       ``(6) such additional military and civilian agencies as the 
     Director considers appropriate.
       ``(c) Responsibilities.--
       ``(1) Development of policies and procedures.--Subject to 
     the authority, direction, and control of the Director of the 
     National Office for Cyberspace, the Board shall be 
     responsible for developing and periodically updating 
     information security policies and procedures relating to the 
     matters described in paragraph (2). In developing such 
     policies and procedures, the Board shall require that all 
     matters addressed in the policies and procedures are 
     consistent, to the maximum extent practicable and in 
     accordance with applicable law, among the civilian, military, 
     intelligence, and law enforcement communities.
       ``(2) Specific matters covered in policies and 
     procedures.--
       ``(A) Minimum security controls.--The Board shall be 
     responsible for developing and periodically updating 
     information security policies and procedures relating to 
     minimum security controls for information technology, in 
     order to--
       ``(i) provide Governmentwide protection of Government-
     networked computers against common attacks; and
       ``(ii) provide agencywide protection against threats, 
     vulnerabilities, and other risks to the information 
     infrastructure within individual agencies.
       ``(B) Measures of effectiveness.--The Board shall be 
     responsible for developing and periodically updating 
     information security policies and procedures relating to 
     measurements needed to assess the effectiveness of the 
     minimum security controls referred to in subparagraph (A). 
     Such measurements shall include a risk scoring system to 
     evaluate risk to information security both Governmentwide and 
     within contractors of the Federal Government.
       ``(C) Products and services.--The Board shall be 
     responsible for developing and periodically updating 
     information security policies, procedures, and minimum 
     security standards relating to criteria for products and 
     services to be used in agency information systems and 
     information infrastructure that will meet the minimum 
     security controls referred to in subparagraph (A). In 
     carrying out this subparagraph, the Board shall act in 
     consultation with the Office of Management and Budget and the 
     General Services Administration.
       ``(D) Remedies.--The Board shall be responsible for 
     developing and periodically updating information security 
     policies and procedures relating to methods for providing 
     remedies for security deficiencies identified in agency 
     information infrastructure.
       ``(3) Additional considerations.--The Board shall also 
     consider--
       ``(A) opportunities to engage with the international 
     community to set policies, principles, training, standards, 
     or guidelines for information security;
       ``(B) opportunities to work with agencies and industry 
     partners to increase information sharing and policy 
     coordination efforts in order to reduce vulnerabilities in 
     the national information infrastructure; and
       ``(C) options necessary to encourage and maintain 
     accountability of any agency, or senior agency official, for 
     efforts to secure the information infrastructure of such 
     agency.
       ``(4) Relationship to other standards.--The policies and 
     procedures developed under paragraph (1) are supplemental to 
     the standards promulgated by the Director of the National 
     Office for Cyberspace under section 3558.
       ``(5) Recommendations for regulations.--The Board shall be 
     responsible for making recommendations to the Director of the 
     National Office for Cyberspace on regulations to carry out 
     the policies and procedures developed by the Board under 
     paragraph (1).
       ``(d) Regulations.--The Director of the National Office for 
     Cyberspace, in consultation with the Director of the Office 
     of Management and the Administrator of General Services shall 
     promulgate and periodically update regulations to carry out 
     the policies and procedures developed by the Board under 
     subsection (c).
       ``(e) Annual Report.--The Director of the National Office 
     for Cyberspace shall provide to Congress a report containing 
     a summary of agency progress in implementing the regulations 
     promulgated under this section as part of the annual report 
     to Congress required under section 3555(a)(8).
       ``(f) No Disclosure by Board Required.--The Board is not 
     required to disclose under section 552 of title 5 information 
     submitted by agencies to the Board regarding threats, 
     vulnerabilities, and risks.

     ``Sec. 3555. Authority and functions of the Director of the 
       National Office for Cyberspace

       ``(a) In General.--The Director of the National Office for 
     Cyberspace shall oversee agency information security policies 
     and practices, including--
       ``(1) developing and overseeing the implementation of 
     policies, principles, standards, and guidelines on 
     information security, including through ensuring timely 
     agency adoption of and compliance with standards promulgated 
     under section 3558;
       ``(2) requiring agencies, consistent with the standards 
     promulgated under section 3558 and other requirements of this 
     subchapter, to identify and provide information security 
     protections commensurate with the risk and magnitude of the 
     harm resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of--
       ``(A) information collected or maintained by or on behalf 
     of an agency; or
       ``(B) information infrastructure used or operated by an 
     agency or by a contractor of an agency or other organization 
     on behalf of an agency;
       ``(3) coordinating the development of standards and 
     guidelines 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) to 
     assure, to the maximum extent feasible, that such standards 
     and guidelines are complementary with standards and 
     guidelines developed for national security systems;
       ``(4) overseeing agency compliance with the requirements of 
     this subchapter, including through any authorized action 
     under section 11303 of title 40, to enforce accountability 
     for compliance with such requirements;
       ``(5) reviewing at least annually, and approving or 
     disapproving, agency information security programs required 
     under section 3556(b);
       ``(6) coordinating information security policies and 
     procedures with related information resources management 
     policies and procedures;
       ``(7) overseeing the operation of the Federal information 
     security incident center required under section 3559;
       ``(8) reporting to Congress no later than March 1 of each 
     year on agency compliance with the requirements of this 
     subchapter, including--
       ``(A) a summary of the findings of audits required by 
     section 3557;
       ``(B) an assessment of the development, promulgation, and 
     adoption of, and compliance with, standards developed under 
     section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) and promulgated under 
     section 3558;
       ``(C) significant deficiencies in agency information 
     security practices;
       ``(D) planned remedial action to address such deficiencies; 
     and
       ``(E) a summary of, and the views of the Director of the 
     National Office for Cyberspace on, the report prepared by the 
     National Institute of Standards and Technology under section 
     20(d)(10) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3);
       ``(9) coordinating the defense of information 
     infrastructure operated by agencies in the case of a large-
     scale attack on information infrastructure, as determined by 
     the Director;
       ``(10) establishing a national strategy, in consultation 
     with the Department of State, the United States Trade 
     Representative, and the National Institute of Standards and 
     Technology, to engage with the international community to set 
     the policies, principles, standards, or guidelines for 
     information security; and
       ``(11) coordinating information security training for 
     Federal employees with the Office of Personnel Management.
       ``(b) National Security Systems.--Except for the 
     authorities described in paragraphs (4) and (8) of subsection 
     (a), the authorities of the Director of the National Office 
     for Cyberspace under this section shall not apply to national 
     security systems.
       ``(c) Department of Defense and Central Intelligence Agency 
     Systems.--(1) The authorities of the Director of the National 
     Office for Cyberspace described in paragraphs (1) and (2) of 
     subsection (a) shall be delegated to the Secretary of Defense 
     in the case of systems described in paragraph (2) and to the 
     Director of Central Intelligence in the case of systems 
     described in paragraph (3).
       ``(2) The systems described in this paragraph are systems 
     that are operated by the Department of Defense, a contractor 
     of the Department of Defense, or another entity on

[[Page H3993]]

     behalf of the Department of Defense that processes any 
     information the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of which would have 
     a debilitating impact on the mission of the Department of 
     Defense.
       ``(3) The systems described in this paragraph are systems 
     that are operated by the Central Intelligence Agency, a 
     contractor of the Central Intelligence Agency, or another 
     entity on behalf of the Central Intelligence Agency that 
     processes any information the unauthorized access, use, 
     disclosure, disruption, modification, or destruction of which 
     would have a debilitating impact on the mission of the 
     Central Intelligence Agency.
       ``(d) Budget Oversight and Reporting.--(1) The head of each 
     agency shall submit to the Director of the National Office 
     for Cyberspace a budget each year for the following fiscal 
     year relating to the protection of information infrastructure 
     for such agency, by a date determined by the Director that is 
     before the submission of such budget by the head of the 
     agency to the Office of Management and Budget.
       ``(2) The Director shall review and offer a non-binding 
     approval or disapproval of each agency's annual budget to 
     each agency before the submission of such budget by the head 
     of the agency to the Office of Management and Budget.
       ``(3) If the Director offers a non-binding disapproval of 
     an agency's, budget, the Director shall transmit 
     recommendations to the head of such agency for strengthening 
     its proposed budget with regard to the protection of such 
     agency's information infrastructure.
       ``(4) Each budget submitted by the head of an agency 
     pursuant to paragraph (1) shall include--
       ``(A) a review of any threats to information technology for 
     such agency;
       ``(B) a plan to secure the information infrastructure for 
     such agency based on threats to information technology, using 
     the National Institute of Standards and Technology guidelines 
     and recommendations;
       ``(C) a review of compliance by such agency with any 
     previous year plan described in subparagraph (B); and
       ``(D) a report on the development of the credentialing 
     process to enable secure authentication of identity and 
     authorization for access to the information infrastructure of 
     such agency.
       ``(5) The Director of the National Office for Cyberspace 
     may recommend to the President monetary penalties or 
     incentives necessary to encourage and maintain accountability 
     of any agency, or senior agency official, for efforts to 
     secure the information infrastructure of such agency.

     ``Sec. 3556. Agency responsibilities

       ``(a) In General.--The head of each agency shall--
       ``(1) be responsible for--
       ``(A) providing information security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from unauthorized access, use, disclosure, 
     disruption, modification, or destruction of--
       ``(i) information collected or maintained by or on behalf 
     of the agency; and
       ``(ii) information infrastructure used or operated by an 
     agency or by a contractor of an agency or other organization 
     on behalf of an agency;
       ``(B) complying with the requirements of this subchapter 
     and related policies, procedures, standards, and guidelines, 
     including--
       ``(i) the regulations promulgated under section 3554 and 
     the information security standards promulgated under section 
     3558;
       ``(ii) information security standards and guidelines for 
     national security systems issued in accordance with law and 
     as directed by the President;
       ``(iii) and ensuring the standards implemented for 
     information infrastructure and national security systems 
     under the agency head are complementary and uniform, to the 
     extent practicable; and
       ``(C) ensuring that information security management 
     processes are integrated with agency strategic and 
     operational planning processes;
       ``(2) ensure that senior agency officials provide 
     information security for the information and information 
     infrastructure that support the operations and assets under 
     their control, including through--
       ``(A) assessing the risk and magnitude of the harm that 
     could result from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of such information 
     or information infrastructure;
       ``(B) determining the levels of information security 
     appropriate to protect such information and information 
     infrastructure in accordance with regulations promulgated 
     under section 3554 and standards promulgated under section 
     3558, for information security classifications and related 
     requirements;
       ``(C) implementing policies and procedures to cost 
     effectively reduce risks to an acceptable level; and
       ``(D) continuously testing and evaluating information 
     security controls and techniques to ensure that they are 
     effectively implemented;
       ``(3) delegate to an agency official, designated as the 
     'Chief Information Security Officer', under the authority of 
     the agency Chief Information Officer the responsibility to 
     oversee agency information security and the authority to 
     ensure and enforce compliance with the requirements imposed 
     on the agency under this subchapter, including--
       ``(A) overseeing the establishment and maintenance of a 
     security operations capability on an automated and continuous 
     basis that can--
       ``(i) assess the state of compliance of all networks and 
     systems with prescribed controls issued pursuant to section 
     3558 and report immediately any variance therefrom and, where 
     appropriate and with the approval of the agency Chief 
     Information Officer, shut down systems that are found to be 
     non-compliant;
       ``(ii) detect, report, respond to, contain, and mitigate 
     incidents that impair adequate security of the information 
     and information infrastructure, in accordance with policy 
     provided by the Director of the National Office for 
     Cyberspace, in consultation with the Chief Information 
     Officers Council, and guidance from the National Institute of 
     Standards and Technology;
       ``(iii) collaborate with the National Office for Cyberspace 
     and appropriate public and private sector security operations 
     centers to address incidents that impact the security of 
     information and information infrastructure that extend beyond 
     the control of the agency; and
       ``(iv) not later than 24 hours after discovery of any 
     incident described under subparagraph (A)(ii), unless 
     otherwise directed by policy of the National Office for 
     Cyberspace, provide notice to the appropriate security 
     operations center, the National Cyber Investigative Joint 
     Task Force, and the Inspector General of the agency;
       ``(B) developing, maintaining, and overseeing an agency 
     wide information security program as required by subsection 
     (b);
       ``(C) developing, maintaining, and overseeing information 
     security policies, procedures, and control techniques to 
     address all applicable requirements, including those issued 
     under sections 3555 and 3558;
       ``(D) training and overseeing personnel with significant 
     responsibilities for information security with respect to 
     such responsibilities; and
       ``(E) assisting senior agency officials concerning their 
     responsibilities under paragraph (2);
       ``(4) ensure that the agency has trained and cleared 
     personnel sufficient to assist the agency in complying with 
     the requirements of this subchapter and related policies, 
     procedures, standards, and guidelines;
       ``(5) ensure that the Chief Information Security Officer, 
     in coordination with other senior agency officials, reports 
     biannually to the agency head on the effectiveness of the 
     agency information security program, including progress of 
     remedial actions; and
       ``(6) ensure that the Chief Information Security Officer 
     possesses necessary qualifications, including education, 
     professional certifications, training, experience and the 
     security clearance required to administer the functions 
     described under this subchapter; and has information security 
     duties as the primary duty of that official.
         ``(b) Agency Program.--Each agency shall develop, 
     document, and implement an agencywide information security 
     program, approved by the Director of the National Office for 
     Cyberspace under section 3555(a)(5), to provide information 
     security for the information and information infrastructure 
     that support the operations and assets of the agency, 
     including those provided or managed by another agency, 
     contractor, or other source, that includes--
       ``(1) continuous automated technical monitoring of 
     information infrastructure used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency to assure conformance with regulations 
     promulgated under section 3554 and standards promulgated 
     under section 3558;
       ``(2) testing of the effectiveness of security controls 
     that are commensurate with risk (as defined by the National 
     Institute of Standards and Technology and the National Office 
     for Cyberspace) for agency information infrastructure;
       ``(3) policies and procedures that--
       ``(A) mitigate and remediate, to the extent practicable, 
     information security vulnerabilities based on the risk posed 
     to the agency;
       ``(B) cost effectively reduce information security risks to 
     an acceptable level;
       ``(C) ensure that information security is addressed 
     throughout the life cycle of each agency information system 
     and information infrastructure;
       ``(D) ensure compliance with--
       ``(i) the requirements of this subchapter;
       ``(ii) policies and procedures as may be prescribed by the 
     Director of the National Office for Cyberspace, and 
     information security standards promulgated under section 
     3558;
       ``(iii) minimally acceptable system configuration 
     requirements, as determined by the Director of the National 
     Office for Cyberspace; and
       ``(iv) any other applicable requirements, including--

       ``(I) standards and guidelines for national security 
     systems issued in accordance with law and as directed by the 
     President;
       ``(II) the policy of the Director of the National Office 
     for Cyberspace;
       ``(III) the National Institute of Standards and Technology 
     guidance; and
       ``(IV) the Chief Information Officers Council recommended 
     approaches;

       ``(E) develop, maintain, and oversee information security 
     policies, procedures, and control techniques to address all 
     applicable requirements, including those issued under 
     sections 3555 and 3558; and

[[Page H3994]]

       ``(F) ensure the oversight and training of personnel with 
     significant responsibilities for information security with 
     respect to such responsibilities;
       ``(4) ensuring that the agency has trained and cleared 
     personnel sufficient to assist the agency in complying with 
     the requirements of this subchapter and related policies, 
     procedures, standards, and guidelines;
       ``(5) to the extent practicable, automated and continuous 
     technical monitoring for testing, and evaluation of the 
     effectiveness and compliance of information security 
     policies, procedures, and practices, including--
       ``(A) management, operational, and technical controls of 
     every information infrastructure identified in the inventory 
     required under section 3505(b); and
       ``(B) management, operational, and technical controls 
     relied on for an evaluation under section 3556;
       ``(6) a process for planning, implementing, evaluating, and 
     documenting remedial action to address any deficiencies in 
     the information security policies, procedures, and practices 
     of the agency;
       ``(7) to the extent practicable, continuous automated 
     technical monitoring for detecting, reporting, and responding 
     to security incidents, consistent with standards and 
     guidelines issued by the Director of the National Office for 
     Cyberspace, including--
       ``(A) mitigating risks associated with such incidents 
     before substantial damage is done;
       ``(B) notifying and consulting with the appropriate 
     security operations response center; and
       ``(C) notifying and consulting with, as appropriate--
       ``(i) law enforcement agencies and relevant Offices of 
     Inspectors General;
       ``(ii) the National Office for Cyberspace; and
       ``(iii) any other agency or office, in accordance with law 
     or as directed by the President; and
       ``(8) plans and procedures to ensure continuity of 
     operations for information infrastructure that support the 
     operations and assets of the agency.
         ``(c) Agency Reporting.--Each agency shall--
       ``(1) submit an annual report on the adequacy and 
     effectiveness of information security policies, procedures, 
     and practices, and compliance with the requirements of this 
     subchapter, including compliance with each requirement of 
     subsection (b) to--
       ``(A) the National Office for Cyberspace;
       ``(B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(C) the Committee on Oversight and Government Reform of 
     the House of Representatives;
       ``(D) other appropriate authorization and appropriations 
     committees of Congress; and
       ``(E) the Comptroller General;
       ``(2) address the adequacy and effectiveness of information 
     security policies, procedures, and practices in plans and 
     reports relating to--
       ``(A) annual agency budgets;
       ``(B) information resources management of this subchapter;
       ``(C) information technology management under this chapter;
       ``(D) program performance under sections 1105 and 1115 
     through 1119 of title 31, and sections 2801 and 2805 of title 
     39;
       ``(E) financial management under chapter 9 of title 31, and 
     the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; 
     Public Law 101-576) (and the amendments made by that Act);
       ``(F) financial management systems under the Federal 
     Financial Management Improvement Act (31 U.S.C. 3512 note); 
     and
       ``(G) internal accounting and administrative controls under 
     section 3512 of title 31; and
       ``(3) report any significant deficiency in a policy, 
     procedure, or practice identified under paragraph (1) or 
     (2)--
       ``(A) as a material weakness in reporting under section 
     3512 of title 31; and
       ``(B) if relating to financial management systems, as an 
     instance of a lack of substantial compliance under the 
     Federal Financial Management Improvement Act (31 U.S.C. 3512 
     note).
       ``(d) Performance Plan.--(1) In addition to the 
     requirements of subsection (c), each agency, in consultation 
     with the National Office for Cyberspace, shall include as 
     part of the performance plan required under section 1115 of 
     title 31 a description of the resources, including budget, 
     staffing, and training, that are necessary to implement the 
     program required under subsection (b).
       ``(2) The description under paragraph (1) shall be based on 
     the risk assessments required under subsection (a)(2).
       ``(e) Public Notice and Comment.--Each agency shall provide 
     the public with timely notice and opportunities for comment 
     on proposed information security policies and procedures to 
     the extent that such policies and procedures affect 
     communication with the public.

     ``Sec. 3557. Annual independent audit

       ``(a) In General.--(1) Each year each agency shall have 
     performed an independent audit of the information security 
     program and practices of that agency to determine the 
     effectiveness of such program and practices.
       ``(2) Each audit under this section shall include--
       ``(A) testing of the effectiveness of the information 
     infrastructure of the agency for automated, continuous 
     monitoring of the state of compliance of its information 
     infrastructure with regulations promulgated under section 
     3554 and standards promulgated under section 3558 in a 
     representative subset of--
       ``(i) the information infrastructure used or operated by 
     the agency; and
       ``(ii) the information infrastructure used, operated, or 
     supported on behalf of the agency by a contractor of the 
     agency, a subcontractor (at any tier) of such contractor, or 
     any other entity;
       ``(B) an assessment (made on the basis of the results of 
     the testing) of compliance with--
       ``(i) the requirements of this subchapter; and
       ``(ii) related information security policies, procedures, 
     standards, and guidelines;
       ``(C) separate assessments, as appropriate, regarding 
     information security relating to national security systems; 
     and
       ``(D) a conclusion regarding whether the information 
     security controls of the agency are effective, including an 
     identification of any significant deficiencies in such 
     controls.
       ``(3) Each audit under this section shall be performed in 
     accordance with applicable generally accepted Government 
     auditing standards.
       ``(b) Independent Auditor.--Subject to subsection (c)--
       ``(1) for each agency with an Inspector General appointed 
     under the Inspector General Act of 1978 or any other law, the 
     annual audit required by this section shall be performed by 
     the Inspector General or by an independent external auditor, 
     as determined by the Inspector General of the agency; and
       ``(2) for each agency to which paragraph (1) does not 
     apply, the head of the agency shall engage an independent 
     external auditor to perform the audit.
       ``(c) National Security Systems.--For each agency operating 
     or exercising control of a national security system, that 
     portion of the audit required by this section directly 
     relating to a national security system shall be performed--
       ``(1) only by an entity designated head; and
       ``(2) in such a manner as to ensure appropriate protection 
     for information associated with any information security 
     vulnerability in such system commensurate with the risk and 
     in accordance with all applicable laws.
       ``(d) Existing Audits.--The audit required by this section 
     may be based in whole or in part on another audit relating to 
     programs or practices of the applicable agency.
       ``(e) Agency Reporting.--(1) Each year, not later than such 
     date established by the Director of the National Office for 
     Cyberspace, the head of each agency shall submit to the 
     Director the results of the audit required under this 
     section.
       ``(2) To the extent an audit required under this section 
     directly relates to a national security system, the results 
     of the audit submitted to the Director of the National Office 
     for Cyberspace shall contain only a summary and assessment of 
     that portion of the audit directly relating to a national 
     security system.
       ``(f) Protection of Information.--Agencies and auditors 
     shall take appropriate steps to ensure the protection of 
     information which, if disclosed, may adversely affect 
     information security. Such protections shall be commensurate 
     with the risk and comply with all applicable laws and 
     regulations.
       ``(g) National Office for Cyberspace Reports to Congress.--
     (1) The Director of the National Office for Cyberspace shall 
     summarize the results of the audits conducted under this 
     section in the annual report to Congress required under 
     section 3555(a)(8).
       ``(2) The Director's report to Congress under this 
     subsection shall summarize information regarding information 
     security relating to national security systems in such a 
     manner as to ensure appropriate protection for information 
     associated with any information security vulnerability in 
     such system commensurate with the risk and in accordance with 
     all applicable laws.
       ``(3) Audits and any other descriptions of information 
     infrastructure under the authority and control of the 
     Director of Central Intelligence or of National Foreign 
     Intelligence Programs systems under the authority and control 
     of the Secretary of Defense shall be made available to 
     Congress only through the appropriate oversight committees of 
     Congress, in accordance with applicable laws.
       ``(h) Comptroller General.--The Comptroller General shall 
     periodically evaluate and report to Congress on--
       ``(1) the adequacy and effectiveness of agency information 
     security policies and practices; and
       ``(2) implementation of the requirements of this 
     subchapter.
       ``(i) Contractor Audits.--Each year each contractor that 
     operates, uses, or supports an information system or 
     information infrastructure on behalf of an agency and each 
     subcontractor of such contractor--
       ``(1) shall conduct an audit using an independent external 
     auditor in accordance with subsection (a), including an 
     assessment of compliance with the applicable requirements of 
     this subchapter; and
       ``(2) shall submit the results of such audit to such agency 
     not later than such date established by the Agency.

     ``Sec. 3558. Responsibilities for Federal information systems 
       standards

       ``(a) Requirement To Prescribe Standards.--

[[Page H3995]]

       ``(1) In general.--
       ``(A) Requirement.--Except as provided under paragraph (2), 
     the Secretary of Commerce shall, on the basis of proposed 
     standards developed by the National Institute of Standards 
     and Technology pursuant to paragraphs (2) and (3) of section 
     20(a) of the National Institute of Standards and Technology 
     Act (15 U.S.C. 278g-3(a)) and in consultation with the 
     Secretary of Homeland Security, promulgate information 
     security standards pertaining to Federal information systems.
       ``(B) Required standards.--Standards promulgated under 
     subparagraph (A) shall include--
       ``(i) standards that provide minimum information security 
     requirements as determined under section 20(b) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3(b)); and
       ``(ii) such standards that are otherwise necessary to 
     improve the efficiency of operation or security of Federal 
     information systems.
       ``(C) Required standards binding.--Information security 
     standards described under subparagraph (B) shall be 
     compulsory and binding.
       ``(2) Standards and guidelines for national security 
     systems.--Standards and guidelines for national security 
     systems, as defined under section 3552(b), shall be 
     developed, promulgated, enforced, and overseen as otherwise 
     authorized by law and as directed by the President.
       ``(b) Application of More Stringent Standards.--The head of 
     an agency may employ standards for the cost-effective 
     information security for all operations and assets within or 
     under the supervision of that agency that are more stringent 
     than the standards promulgated by the Secretary of Commerce 
     under this section, if such standards--
       ``(1) contain, at a minimum, the provisions of those 
     applicable standards made compulsory and binding by the 
     Secretary; and
       ``(2) are otherwise consistent with policies and guidelines 
     issued under section 3555.
       ``(c) Requirements Regarding Decisions by the Secretary.--
         ``(1) Deadline.--The decision regarding the promulgation 
     of any standard by the Secretary of Commerce under subsection 
     (b) shall occur not later than 6 months after the submission 
     of the proposed standard to the Secretary by the National 
     Institute of Standards and Technology, as provided under 
     section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3).
       ``(2) Notice and comment.--A decision by the Secretary of 
     Commerce to significantly modify, or not promulgate, a 
     proposed standard submitted to the Secretary by the National 
     Institute of Standards and Technology, as provided under 
     section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3), shall be made after the 
     public is given an opportunity to comment on the Secretary's 
     proposed decision.

       ``Sec. 3559. Federal information security incident center

       ``(a) In General.--The Director of the National Office for 
     Cyberspace shall ensure the operation of a central Federal 
     information security incident center to--
       ``(1) provide timely technical assistance to operators of 
     agency information systems and information infrastructure 
     regarding security incidents, including guidance on detecting 
     and handling information security incidents;
       ``(2) compile and analyze information about incidents that 
     threaten information security;
       ``(3) inform operators of agency information systems and 
     information infrastructure about current and potential 
     information security threats, and vulnerabilities; and
       ``(4) consult with the National Institute of Standards and 
     Technology, agencies or offices operating or exercising 
     control of national security systems (including the National 
     Security Agency), and such other agencies or offices in 
     accordance with law and as directed by the President 
     regarding information security incidents and related matters.
       ``(b) National Security Systems.--Each agency operating or 
     exercising control of a national security system shall share 
     information about information security incidents, threats, 
     and vulnerabilities with the Federal information security 
     incident center to the extent consistent with standards and 
     guidelines for national security systems, issued in 
     accordance with law and as directed by the President.
       (c) Review and Approval.--In coordination with the 
     Administrator for Electronic Government and Information 
     Technology, the Director of the National Office for 
     Cyberspace shall review and approve the policies, procedures, 
     and guidance established in this subchapter to ensure that 
     the incident center has the capability to effectively and 
     efficiently detect, correlate, respond to, contain, mitigate, 
     and remediate incidents that impair the adequate security of 
     the information systems and information infrastructure of 
     more than one agency. To the extent practicable, the 
     capability shall be continuous and technically automated.

     ``Sec. 3560. National security systems

       ``The head of each agency operating or exercising control 
     of a national security system shall be responsible for 
     ensuring that the agency--
       ``(1) provides information security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of the information 
     contained in such system;
       ``(2) implements information security policies and 
     practices as required by standards and guidelines for 
     national security systems, issued in accordance with law and 
     as directed by the President; and
       ``(3) complies with the requirements of this subchapter.''.

     SEC. 1702. INFORMATION SECURITY ACQUISITION REQUIREMENTS.

       (a) In General.--Chapter 113 of title 40, United States 
     Code, is amended by adding at the end of subchapter II the 
     following new section:

     ``Sec. 11319. Information security acquisition requirements.

       ``(a) Prohibition.--Notwithstanding any other provision of 
     law, beginning one year after the date of the enactment of 
     the Federal Information Security Amendments Act of 2010, no 
     agency may enter into a contract, an order under a contract, 
     or an interagency agreement for--
       ``(1) the collection, use, management, storage, or 
     dissemination of information on behalf of the agency;
       ``(2) the use or operation of an information system or 
     information infrastructure on behalf of the agency; or
       ``(3) information technology;

     unless such contract, order, or agreement includes 
     requirements to provide effective information security that 
     supports the operations and assets under the control of the 
     agency, in compliance with the policies, standards, and 
     guidance developed under subsection (b), and otherwise 
     ensures compliance with this section.
       ``(b) Coordination of Secure Acquisition Policies.--
       ``(1) In general.--The Director, in consultation with the 
     Director of the National Institute of Standards and 
     Technology, the Director of the National Office for 
     Cyberspace, and the Administrator of General Services, shall 
     oversee the development and implementation of policies, 
     standards, and guidance, including through revisions to the 
     Federal Acquisition Regulation and the Department of Defense 
     supplement to the Federal Acquisition Regulation, to cost 
     effectively enhance agency-information security, including--
       ``(A) minimum information security requirements for agency 
     procurement of information technology products and services; 
     and
       ``(B) approaches for evaluating and mitigating significant 
     supply chain security risks associated with products or 
     services to be acquired by agencies.
       ``(2) Report.--Not later than two years after the date of 
     the enactment of the Federal Information Security Amendments 
     Act of 2010, the Director shall submit to Congress a report 
     describing--
       ``(A) actions taken to improve the information security 
     associated with the procurement of products and services by 
     the Federal Government; and
       ``(B) plans for overseeing and coordinating efforts of 
     agencies to use best practice approaches for cost-effectively 
     purchasing more secure products and services.
       ``(c) Vulnerability Assessments of Major Systems.--
       ``(1) Requirement for initial vulnerability assessments.--
     The Director shall require each agency to conduct an initial 
     vulnerability assessment for any major system and its 
     significant items of supply prior to the development of the 
     system. The initial vulnerability assessment of a major 
     system and its significant items of supply shall include use 
     of an analysis-based approach to--
       ``(A) identify vulnerabilities;
       ``(B) define exploitation potential;
       ``(C) examine the system's potential effectiveness;
       ``(D) determine overall vulnerability; and
       ``(E) make recommendations for risk reduction.
       ``(2) Subsequent vulnerability assessments.--
       ``(A) The Director shall require a subsequent vulnerability 
     assessment of each major system and its significant items of 
     supply within a program if the Director determines that 
     circumstances warrant the issuance of an additional 
     vulnerability assessment.
       ``(B) Upon the request of a congressional committee, the 
     Director may require a subsequent vulnerability assessment of 
     a particular major system and its significant items of supply 
     within the program.
       ``(C) Any subsequent vulnerability assessment of a major 
     system and its significant items of supply shall include use 
     of an analysis-based approach and, if applicable, a testing-
     based approach, to monitor the exploitation potential of such 
     system and reexamine the factors described in subparagraphs 
     (A) through (E) of paragraph (1).
       ``(3) Congressional oversight.--The Director shall provide 
     to the appropriate congressional committees a copy of each 
     vulnerability assessment conducted under paragraph (1) or (2) 
     not later than 10 days after the date of the completion of 
     such assessment.
       ``(d) Definitions.--In this section:
       ``(1) Item of supply.--The term `item of supply'--
       ``(A) means any individual part, component, subassembly, 
     assembly, or subsystem

[[Page H3996]]

     integral to a major system, and other property which may be 
     replaced during the service life of the major system, 
     including a spare part or replenishment part; and
       ``(B) does not include packaging or labeling associated 
     with shipment or identification of an item.
       ``(2) Vulnerability assessment.--The term `vulnerability 
     assessment' means the process of identifying and quantifying 
     vulnerabilities in a major system and its significant items 
     of supply.
       ``(3) Major system.--The term `major system' has the 
     meaning given that term in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403).''.

     SEC. 1703. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Table of Sections in Title 44.--The table of sections 
     for chapter 35 of title 44, United States Code, is amended by 
     striking the matter relating to subchapters II and III and 
     inserting the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

``3551. Purposes.
``3552. Definitions.
``3553. National Office for Cyberspace.
``3554. Federal Cybersecurity Practice Board.
``3555. Authority and functions of the Director of the National Office 
              for Cyberspace.
``3556. Agency responsibilities.
``3557. Annual independent audit.
``3558. Responsibilities for Federal information systems standards.
``3559. Federal information security incident center.
``3560. National security systems.''.

       (b) Table of Sections in Title 40.--The table of sections 
     for chapter 113 of title 40, United States Code, is amended 
     by inserting after the item relating to section 11318 the 
     following new item:
       ``Sec. 11319. Information security acquisition 
           requirements.''.

       (c) Other References.--
       (1) Section 1001(c)(1)(A) of the Homeland Security Act of 
     2002 (6 U.S.C. 511(c)(1)(A)) is amended by striking ``section 
     3532(3)'' and inserting ``section 3552(b)''.
       (2) Section 2222(j)(6) of title 10, United States Code, is 
     amended by striking ``section 3542(b)(2))'' and inserting 
     ``section 3552(b)''.
       (3) Section 2223(c)(3) of title 10, United States Code, is 
     amended, by striking ``section 3542(b)(2))'' and inserting 
     ``section 3552(b)''.
       (4) Section 2315 of title 10, United States Code, is 
     amended by striking ``section 3542(b)(2))'' and inserting 
     ``section 3552(b)''.
       (5) Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (A) in subsections (a)(2) and (e)(5), by striking ``section 
     3532(b)(2)'' and inserting ``section 3552(b)'';
       (B) in subsection (e)(2), by striking ``section 3532(1)'' 
     and inserting ``section 3552(b)''; and
       (C) in subsections (c)(3) and (d)(1), by striking ``section 
     11331 of title 40'' and inserting ``section 3558 of title 
     44''.
       (6) Section 8(d)(1) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7406(d)(1)) is amended by striking 
     ``section 3534(b)'' and inserting ``section 3556(b)''.
       (d) Repeal.--
       (1) Subchapter III of chapter 113 of title 40, United 
     States Code, is repealed.
       (2) The table of sections for chapter 113 of such title is 
     amended by striking the matter relating to subchapter III.
        (e) Executive Schedule Pay Rate.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Director of the National Office for Cyberspace.''.
       (f) Membership on the National Security Council.--Section 
     101(a) of the National Security Act of 1947 (50 U.S.C. 
     402(a)) is amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively; and
       (2) by inserting after paragraph (6) the following:
       ``(7) the Director of the National Office for 
     Cyberspace;''.

     SEC. 1704. EFFECTIVE DATE.

       (a) In General.--Unless otherwise specified in this 
     section, this subtitle (including the amendments made by this 
     subtitle) shall take effect 30 days after the date of 
     enactment of this Act.
       (b) National Office for Cyberspace.--Section 3553 of title 
     44, United States Code, as added by section 1701 of this 
     division, shall take effect 180 days after the date of 
     enactment of this Act.
       (c) Federal Cybersecurity Practice Board.--Section 3554 of 
     title 44, United States Code, as added by section 1701 of 
     this division, shall take effect one year after the date of 
     enactment of this Act.

              Subtitle B--Federal Chief Technology Officer

     SEC. 1711. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.

       (a) Establishment and Staff.--
       (1) Establishment.--
       (A) In general.--There is established in the Executive 
     Office of the President an Office of the Federal Chief 
     Technology Officer (in this section referred to as the 
     ``Office'').
       (B) Head of the office.--
       (i) Federal chief technology officer.--The President shall 
     appoint a Federal Chief Technology Officer (in this section 
     referred to as the ``Federal CTO'') who shall be the head of 
     the Office.
       (ii) Compensation.--Section 5314 of title 5, United States 
     Code, is amended by adding at the end the following:
     ``Federal Chief Technology Officer.''.
       (2) Staff of the office.--The President may appoint 
     additional staff members to the Office.
       (b) Duties of the Office.--The functions of the Federal CTO 
     are the following:
       (1) Undertake fact-gathering, analysis, and assessment of 
     the Federal Government's information technology 
     infrastructures, information technology strategy, and use of 
     information technology, and provide advice on such matters to 
     the President, heads of Federal departments and agencies, and 
     government chief information officers and chief technology 
     officers.
       (2) Lead an interagency effort, working with the chief 
     technology and chief information officers of each of the 
     Federal departments and agencies, to develop and implement a 
     planning process to ensure that they use best-in-class 
     technologies, share best practices, and improve the use of 
     technology in support of Federal Government requirements.
       (3) Advise the President on information technology 
     considerations with regard to Federal budgets and with regard 
     to general coordination of the research and development 
     programs of the Federal Government for information 
     technology-related matters.
       (4) Promote technological innovation in the Federal 
     Government, and encourage and oversee the adoption of robust 
     cross-governmental architectures and standards-based 
     information technologies, in support of effective operational 
     and management policies, practices, and services across 
     Federal departments and agencies and with the public and 
     external entities.
       (5) Establish cooperative public-private sector partnership 
     initiatives to achieve knowledge of technologies available in 
     the marketplace that can be used for improving governmental 
     operations and information technology research and 
     development activities.
       (6) Gather timely and authoritative information concerning 
     significant developments and trends in information 
     technology, and in national priorities, both current and 
     prospective, and analyze and interpret the information for 
     the purpose of determining whether the developments and 
     trends are likely to affect achievement of the priority goals 
     of the Federal Government.
       (7) Develop, review, revise, and recommend criteria for 
     determining information technology activities warranting 
     Federal support, and recommend Federal policies designed to 
     advance the development and maintenance of effective and 
     efficient information technology capabilities, including 
     human resources, at all levels of government, academia, and 
     industry, and the effective application of the capabilities 
     to national needs.
       (8) Any other functions and activities that the President 
     may assign to the Federal CTO.
       (c) Policy Planning; Analysis and Advice.--The Office shall 
     serve as a source of analysis and advice for the President 
     and heads of Federal departments and agencies with respect to 
     major policies, plans, and programs of the Federal Government 
     in accordance with the functions described in subsection (b).
       (d) Coordination of the Office With Other Entities.--
       (1) Federal cto on domestic policy council.--The Federal 
     CTO shall be a member of the Domestic Policy Council.
       (2) Federal cto on cyber security practice board.--The 
     Federal CTO shall be a member of the Federal Cybersecurity 
     Practice Board.
       (3) Obtain information from agencies.--The Office may 
     secure, directly from any department or agency of the United 
     States, information necessary to enable the Federal CTO to 
     carry out this section. On request of the Federal CTO, the 
     head of the department or agency shall furnish the 
     information to the Office, subject to any applicable 
     limitations of Federal law.
       (4) Staff of federal agencies.--On request of the Federal 
     CTO, to assist the Office in carrying out the duties of the 
     Office, the head of any Federal department or agency may 
     detail personnel, services, or facilities of the department 
     or agency to the Office.
       (e) Annual Report.--
       (1) Publication and contents.--The Federal CTO shall 
     publish, in the Federal Register and on a public Internet 
     website of the Federal CTO, an annual report that includes 
     the following:
       (A) Information on programs to promote the development of 
     technological innovations.
       (B) Recommendations for the adoption of policies to 
     encourage the generation of technological innovations.
       (C) Information on the activities and accomplishments of 
     the Office in the year covered by the report.
       (2) Submission.--The Federal CTO shall submit each report 
     under paragraph (1) to--
       (A) the President;
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives;
       (C) the Committee on Science and Technology of the House of 
     Representatives; and
       (D) the Committee on Commerce, Science, and Transportation 
     of the Senate.


          Amendment No. 63 Offered by Mr. McMahon of New York

  The text of the amendment is as follows:


[[Page H3997]]


       Page 389, after line 7, insert the following:

     SEC. 1025. 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.


           Amendment No. 70 Offered by Mr. Tonko of New York

  The text of the amendment is as follows:

       Page 79, after line 6, insert the following:

     SEC. 244. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF 
                   DEPARTMENT OF DEFENSE PARTICIPATION IN 
                   DEVELOPMENT OF NEXT GENERATION SEMICONDUCTOR 
                   TECHNOLOGIES.

       (a) Findings.--Congress makes the following findings:
       (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 only 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. Reliance on providers of semiconductors in 
     the United States high tech industry will mitigate the 
     security risks of such an offshore shift.
       (3) The use of extreme-ultraviolet lithography (EUVL) 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 establish research and 
     development facilities to take the lead in producing the next 
     generation of integrated circuits;
       (2) the Department of Defense should support the 
     establishment of a public-private partnership of defense 
     laboratory scientists and engineers, university researchers, 
     integrated circuit designers and fabricators, tool 
     manufacturers, material and chemical suppliers, and metrology 
     and inspection tool fabricators to develop extreme-
     ultraviolet lithography (EUVL) technologies on 300 micrometer 
     and 450 micrometer wafers; and
       (3) the targeted feature size of integrated circuits for 
     EUVL development in the United States should be the 15 
     nanometer node.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Missouri (Mr. Skelton) and the gentleman from California (Mr. 
McKeon) each will control 10 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I urge the committee to adopt the 
amendments en bloc, all of which have been examined by both the 
majority and the minority.
  Mr. Chairman, I yield 2 minutes to my friend and colleague, the 
gentlewoman from Texas (Ms. Jackson Lee).
  (Ms. JACKSON LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON LEE of Texas. First I would like to take the opportunity 
to salute my dear friend, Chairman Skelton, for being the kind of 
leader on a committee as challenging as providing for the men and women 
of the United States military, to ensure the listening ear to those of 
us who represent soldiers and their families across America. I think 
our State of Texas can count itself as having the highest population, 
one of the highest populations of current and active duty military as 
well as veterans. I thank the ranking member for his leadership.
  In saying that, before we honor them on Memorial Day, I believe that 
this legislation is a tough initiative on providing for the families 
and the men and women of the United States military. I also think it's 
important to note that the Defense Department can be a job creator, 
create opportunities for Americans across this Nation. And my amendment 
simply asks that a report be provided to the Congressional Black Caucus 
towards establishing a report on the numbers of small, medium, minority 
and women-owned businesses that are doing business with the Defense 
Department. There are 57.4 million Americans employed by small 
businesses.
  This amendment will be beneficial to small businesses by providing 
cohesive information in this sector and by encouraging and 
strengthening competition between businesses. More importantly, with 
this report I would like to encourage the Department of Defense to get 
out beyond the Beltway and to establish outreach centers or outreach 
programs that would explain to these small businesses, whether in 
Appalachia or whether in the Delta, whether in Houston, whether in 
urban centers, how to do business effectively, efficiently, and with 
integrity with the Department of Defense. This amendment creates jobs.
  And as I look for greater opportunities, Mr. Chairman, I would like 
to add that I believe that we are moving in the right direction to 
eliminate Don't Ask, Don't Tell. To my dismay, it has been 
characterized as breaking a trust, a breach of our responsibility to 
our military. It is not. It is giving everyone a chance to be an 
American, to swear to the oath of service. I believe it's an important 
step for liberty in our Nation.
  Mr. McKEON. Mr. Chair, I rise in opposition to the amendment, 
although I will not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from California is 
recognized for 10 minutes.
  There was no objection.
  Mr. McKEON. Mr. Chairman, I am happy to yield 3 minutes to the 
gentleman from Texas (Mr. Sessions).
  Mr. SESSIONS. Mr. Chairman, I appreciate and respect the debate 
that's going on today, and I want to thank the Rules Committee for 
making in order an amendment to this bill.
  Mr. Chairman, currently private health care providers are treating 
brain injury patients with new and innovative treatments with 
remarkable results. And I am disappointed, however, to report that many 
of these treatments are currently not available within the military and 
veterans medical facilities across this country for our heroes who are 
suffering from traumatic brain injuries.
  I have engaged the military now at the senior military leadership for 
quite some time, and I am not satisfied with the military's response to 
TBI, traumatic brain injuries. With that said, in an effort to further 
aid our military members and to fix this delinquency, I introduced the 
TBI, Traumatic Brain Injury, Treatment Act, H.R. 4568, in February of 
this year. I am offering it as an amendment today.
  The TBI Treatment Act establishes a 5-year pay for performance pilot 
program. Essentially, what would happen is that any member of the 
military or who is being treated today by the Veterans' Administration 
would be able to ask for being able to go outside the military system 
to a private or free enterprise market system and to be able to have 
the latest innovative procedures applied to them.
  Private health care providers would be authorized and reimbursed to 
provide proven treatments to active duty soldiers and veterans at no 
cost to the

[[Page H3998]]

patient. I believe, and I believe the Members of this body believe, 
that it is important to work with the military leadership however they 
need help in getting to the correct answer.

                              {time}  1500

  I am asking for each of us today as Members to look very carefully at 
this issue and to join me in supporting this amendment. This amendment 
helps to expedite these groundbreaking treatments to make sure that, 
effective immediately and quickly, our Nation's veterans, who are 
suffering from TBI and the myriad of problems that come with that, will 
receive the most leading-edge answers available in medicine today.
  So I ask my colleagues to please join with me in this bipartisan 
amendment.
  Mr. Chairman, I also note as I stand that I am opposed to the 
provisions known as Don't Ask, Don't Tell changes. Yesterday at the 
Rules Committee we had a rather vigorous debate, and at the end of that 
debate when I had an opportunity to talk with members of the committee 
who were there, I said, Please tell me about the debate that took place 
in the committee. There was none. It should have been in the committee.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman 1 additional minute.
  Mr. SESSIONS. Mr. Chairman, I believe that this issue really demanded 
an opportunity for the members of the Armed Services Committee to fully 
debate and vet and lead the way on this issue rather than it being part 
of a political issue that is dominated by the Democratic Party.
  I believe that the members of the military, honored heroes of this 
great Nation, should not be a part of a political agenda but rather be 
a part of good policy for this Nation. I think it's a slap in the face 
to the members of the military to be driven down a road that is driven 
by a political agenda from the left in this country rather than wise 
policy. I am disappointed. I related that to the committee and its 
leadership yesterday, and I will say it on the floor of the House 
today, that I believe that when we go forth in dealing with the 
military, we should go forth altogether and not as a political agenda.
  Mr. SKELTON. I yield 1 minute to my colleague, the gentleman from New 
York (Mr. McMahon).
  Mr. McMAHON. Mr. Chairman, I thank you for the minute. I have a 
longer statement which I will submit to the Record.
  I rise today to urge my colleagues to adopt the sense of Congress in 
this amendment which would recognize Father Vincent Robert Capodanno, a 
decorated hometown hero from my district in Staten Island, in Brooklyn, 
New York, for his military accomplishments and his commitment to faith. 
We would like the Department of the Navy to commission a Navy destroyer 
in his name.
  Father Capodanno, to put it in summation, received a Congressional 
Medal of Honor for his heroism in the line of fire in Vietnam. He was 
sent there as a chaplain, but he quickly became much more than a 
chaplain as he became the friend and accompanier of every soldier on 
the battlefield.
  He could have come home after a year's service, but instead he stayed 
and earned the name of ``the grunt padre,'' because with his fellow 
Marines, he raced into battle and was at their side all the way.
  On the morning of September 4, 1967, during Operation Swift in the 
Thang Binh district of the Que Son Valley, the 1st Battalion, 5th 
Marines encountered a large North Vietnamese unit of approximately 
2,500 men.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. SKELTON. I yield the gentleman an additional 15 seconds.
  Mr. McMAHON. On that day, Father Capodanno lost his life. He could 
have come home. But as a great priest, as a great man of faith, he 
stayed by his fellow soldiers and gave his life that day. He won the 
Congressional Medal of Honor. We are asking the Navy to name a ship 
after him. I thank the chairman.
  Mr. Chair, I urge my colleagues to adopt a sense of Congress 
recognizing Father Vincent Robert Capodanno, a decorated hometown hero 
from my district for his military accomplishments and commitment to his 
faith. We would like the Department of Navy to commission a Navy 
Destroyer in his name.
  On June 7, 1957, Father Capodanno was ordained by the late Cardinal 
Spellman and shortly after, fervently devoted eight years of Catholic 
Missionary service to the needy peoples of Taiwan and Hong Kong.
  Volunteering his services as Navy Chaplain on December 28, 1965, 
Father Capodanno received his commission as a Lieutenant in the 
Chaplain Corps of the United States Naval Reserve.
  After completing orientation at the Naval Chaplain's School, Newport, 
Rhode Island, Lieutenant Capodanno requested duty with the Marines in 
Vietnam.
  His first assignment was the First Marine Division in 1966, where he 
immediately began making his presence in the combat operation of Chu 
Lai a regular part of his duties as Battalion Chaplain.
  To stay with his men, Chaplain Capodanno relinquished thirty days of 
Christmas holiday leave and after serving one year, he extended his 
tour of duty for six months as the condition that he be allowed to 
remain with the infantry.
  Father Capodanno's greatest desire was just that--to remain with his 
troops and to give them moral support.
  Then on the morning of September 4, 1967, the decision was no longer 
his to make. During Operation Swift in the Thang Binh District of the 
Que Son Valley the 1st battalion, fifth Marines encountered a large 
North Vietnamese unit of approximately 2500 men.
  Father Capodanno went among the wounded and dying, giving last rites 
and taking care of his Marines. Wounded once in the face and having his 
hand almost severed, he went to help a wounded corpsman only yards from 
an enemy machinegun and was killed.
  For his selfless acts and bravery beyond the call of duty, a man 
fellow marines referred to on the battlefield as the ``the `grunt' 
padre,'' Father Vincent R. Capodanno was awarded the Medal of Honor 
posthumously.
  In 1973, Father Capodanno had a ship commissioned in his honor. The 
USS Capodanno's lifespan was just as decorated as her namesake's, being 
the only naval vessel to be blessed by the Pope and saving 
approximately 22 lives in her first deployment as a search and rescue 
vessel in the Mediterranean. Unfortunately, this ship was 
decommissioned and then sold to Turkey in 2005:
  Today, Father Capodanno's legacy in the Navy goes untold. The people 
of New York's 13th District and I would be incredibly honored if the 
Department of Navy the recognize these amazing accomplishments by 
commissioning the next Navy Destroyer in the memory of Father 
Capodanno, an American Hero.
  Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Indiana (Mr. Burton).
  Mr. BURTON of Indiana. I thank Mr. McKeon and Chairman Skelton for 
allowing our amendment to be a part of this en bloc amendment. 
Congresswoman Napolitano and I introduced this amendment, and we have, 
I think, 57 or 58 cosponsors. And I'd like to tell the Members why this 
is such an important amendment.
  Last summer, a 25-year-old Hoosier Army specialist on his second tour 
of duty in Iraq named Chancellor Keesling died by suicide in Baghdad. 
His mother and father went to Dover Air Force base, and they received 
their son. He got a full military honor burial and a 21-gun salute. The 
family received all kinds of letters of condolence from the Secretary 
of the Department of Veterans Affairs and a three-star general, but 
they did not receive any kind of a comment or letter of condolence from 
the President of the United States, the Commander in Chief. And I think 
it's very important that this policy be changed.
  It's been the policy for a long time that if a person dies by suicide 
in the military, the Commander in Chief does not send a letter of 
condolence to the family. But the family's the one that's really 
suffering. And right now with members of the military serving one, two, 
and maybe even three tours of duty in Afghanistan or Iraq or around the 
world, there's tremendous pressure on them. Tremendous pressure. And a 
lot of them succumb to the pressures and commit suicide.
  Now this is not an isolated case. In 2008, there were 260 suicides, 
140 in the Army; 41 in the Navy, 38 in the Air Force and 41 in the 
Marines. In 2009, it was 160 in the Army, 47 in the Navy, 34 in the Air 
Force and 42 in the Marines. And so far this year, 71 young men and 
women have committed suicide in the military.
  And I think it's only fitting and proper that the Commander in Chief, 
the President of the United States, who sends these young people into 
combat for extraordinarily long periods of time, ought to understand 
that the

[[Page H3999]]

grieving families, like the Keeslings, deserve a letter from the 
Commander in Chief saying we understand the pressure that your son or 
daughter was under. We understand that they served their country well, 
and we want to express condolence to you for your loss and for the 
service they gave their country. After all, they voluntarily joined the 
service. They voluntarily served in combat and in combat areas. And 
because they couldn't handle the pressure, over months and months and 
sometimes years, they succumbed to that pressure. They should still 
receive condolence from the Commander in Chief.
  And I want to thank once again the ranking member and the chairman of 
the committee for supporting this, and I hope that the President, after 
this resolution is passed en bloc with the other amendments, will see 
fit to send letters of condolence to every young man and woman's family 
who died in the service of their country, whether they died in combat 
or by their own hand.
  Mr. SKELTON. I yield 1 minute to my friend, the gentleman from Rhode 
Island (Mr. Kennedy).
  Mr. KENNEDY. I want to thank the gentleman from Indiana, Mr. Burton, 
for his work on this, acknowledging the families of those who have died 
really in combat, because these suicides are a result of combat.
  And the greatest signature wound in this war on terrorism in Iraq and 
Afghanistan is a wound that involves both the psyche with traumatic 
brain injury, with the concussions they are serving as a result of 
these IEDs--improvised explosive devices--and the stress and strain of 
constantly worrying about your life being in jeopardy, which is 
posttraumatic stress.
  And there's nothing that is abnormal about having the stress of 
worrying about your life being taken, and these people have to live 
with it constantly nonstop because this country keeps asking them to go 
back and back and back and back again.
  This is something that's long overdue. I thank the gentleman from 
Indiana. Let's study, let's serve, let's make the commitment not to 
forget the families left behind as a result of these terrible 
tragedies.
  Mr. McKEON. May I inquire as to how much time we have left.
  The Acting CHAIR. The gentleman has 3 minutes remaining; the 
gentleman from Missouri has 5\3/4\ minutes remaining.
  Mr. McKEON. I reserve the balance of my time.
  Mr. SKELTON. I yield 2 minutes to my friend and colleague, the 
gentleman from New York (Mr. Tonko).
  Mr. TONKO. My amendment, to which I would like to speak, encourages 
the Department of Defense to help develop the next generation of 
semiconductors. It allows us to embrace the American intellect and put 
it into an investment towards better outcomes in our military.
  These new technologies will focus on scaling. Scaling of processors 
to the point that the next generation of weapons systems would be 
lighter, more agile, consume less power, and at the same time be more 
powerful.
  As important as our future weapons systems are, so, too, is it 
essential for us to maintain our global competitiveness in 
nanotechnology to achieve both of these goals for the military, and for 
business creation and innovation. We need to achieve these goals 
through the Department of Defense and having them critically involved.
  This amendment asks the Department of Defense to support the creation 
of a public-private partnership of defense laboratory scientists and 
engineers, university researchers, integrated circuit designers and 
fabricators, tool manufacturers, material and chemical suppliers, and 
metrology and inspection tool fabricators to develop extreme 
ultraviolet lithography technologies on 300- and 450-micrometer wafers.
  A partnership of such would bring all the stakeholders and financial 
resources to one location and would be vital to our Nation if we're 
going to compete in the global race for the next generation of 
semiconductors.
  I ask my colleagues to support this very key amendment.
  Mr. McKEON. I continue to reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my friend, the 
gentleman from Rhode Island (Mr. Langevin).
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. I thank the gentleman for yielding.
  I rise in strong support of the Watson-Langevin amendment. I am happy 
to be working with Chairwoman Watson to join strong cybersecurity 
authorities with important updates to our federal information security 
policies, otherwise known as the FISMA Act, which is long outdated and 
needs this updating provision.
  But a portion of our amendment is drawn from my Executive Cyberspace 
Authorities Act and focuses on coordination of efforts to secure 
Federal networks, develop smarter cyberpolicies, and lead the world in 
standards and practices for responsible actions in cyberspace.
  Clearly, cybersecurity and our cybervulnerabilities is one of the 
biggest threats facing the country today. We're so interconnected by 
use of the Internet, but it also provides real vulnerabilities because 
of cyberpenetrations.
  The provisions in this act follow recommendations by the CSI's 
Commission on Cyber Security, which I cochaired. By establishing a 
national office for cyberspace and the executive office of the 
President, this office will include strong authorities over agency 
information security policies, and responsibility for coordinating the 
defense of our Federal networks and establishing a national strategy 
for international engagement.
  Again, this will provide the right authorities for the 
cybercoordinator, who now would become the cyberdirector and do 
incredible work in making sure that we have the right authorities in 
place to make sure that all of our departments and agencies are secure 
as possible in cyberspace.
  So I want to thank the committee for including my amendment in the en 
bloc package, and I urge Members to support this passage. I, again, 
want to thank Chairman Watson for her work on this amendment. We joined 
forces, and it's going to take us in the right direction in securing 
the Nation's cyberspace.

                              {time}  1515

  Mr. McKEON. Mr. Chairman, I yield myself 1 minute.
  Again, because we weren't given the opportunity to have more than 5 
minutes to debate Don't Ask, Don't Tell, I would like to continue on 
with my diatribe.
  I have a letter from General Casey, Chairman of the Army. He says:
  ``My views on the repeal of section 654 of title 10''--which is the 
Murphy amendment--``United States Code, have not changed since my 
testimony.''
  He was opposed to that when he testified before our committee.
  ``I continue to support the review and timeline offered by Secretary 
Gates.
  ``I remain convinced that it is critically important to get a better 
understanding of where our soldiers and families are on this issue and 
what the impacts on readiness and unit cohesion might be, so that I can 
provide informed military advice to the President and the Congress.
  ``I also believe that repealing the law before the completion of the 
review will be seen by the men and women of the Army as a reversal of 
our commitment to hear their views before moving forward.''
  Mr. SKELTON. I yield myself such time as I may consume.
  The Acting CHAIR. The gentleman from Missouri has 2 minutes 
remaining.
  Mr. SKELTON. The gentleman from Indiana spoke about the challenge of 
those returning from the Gulf and facing the depression that often ends 
in suicide. The gentleman from Rhode Island did the same.
  The tragedy of a serviceman or woman and suicide came home to many of 
us in the State of Missouri not long ago when a young marine from 
Sedalia, Missouri, suffered that tragedy. It breaks the heart of not 
just the family but of all who knew him.
  I think it's up to us to do our very best to continue to study this 
issue and make preparation for those who come home so that these 
tragedies can be put behind us that they can come back to a grateful 
Nation and warm and loving home and fit in and continue to

[[Page H4000]]

perform their duties in uniform and duties at home. So those of us who 
knew this young marine from Sedalia understand fully the comments of 
the gentleman from Rhode Island and the comments of the gentleman from 
Indiana.
  I yield back the balance of my time.
  Mr. McKEON. Mr. Chairman, how much time remains?
  The Acting CHAIR. The gentleman from California has 2 minutes 
remaining.
  Mr. McKEON. I yield 1 minute at this time to the gentleman from 
Georgia (Mr. Kingston).
  Mr. KINGSTON. I thank the gentleman for yielding.
  I just find it so appalling that the defense committee, which has 
always had a strong bipartisan relationship and a problem-solving 
ability, has only been given 10 minutes to uproot a long-standing 
policy on Don't Ask, Don't Tell, 5 minutes per side, to make a major 
social change in America, a change that will change the dynamic in the 
barracks, in the field, the morale, the tension.
  What will you do about spousal benefits in the face of DOMA, Don't 
Ask, Don't Tell? It would certainly be unfair to have somebody in 
combat and not cover his husband. So you are going to have spousal 
benefits.
  And when you do that, what do you do about the Defense of Marriage 
Act, DOMA? That's the law of the land. You will have to change the 
State laws to allow same-sex marriages. That's how profound this change 
is today that we will be voting on after a 10-minute debate.
  What about the issue of religious freedom? We have already seen the 
military uninvite people like Tony Perkins and Franklin Graham for 
speaking at prayer breakfasts.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman 15 additional seconds.
  Mr. KINGSTON. If you just cut out everything else on the repeal of 
Don't Ask, Don't Tell and say what do you do about the spouse benefits 
and what do you do about the religious freedom that's so important to 
all soldiers, how do you deal with that, you need more than 10 minutes.
  I appeal to all Members of Congress, wherever you are on this, to 
realize we need more than 10 minutes and reject the amendment so we can 
get it.
  The Acting CHAIR. The time of the gentleman has again expired.
  Mr. McKEON. Mr. Chairman, I yield the balance of my time to, again, 
the gentleman from Georgia (Mr. Kingston).
  Mr. KINGSTON. I thank the gentleman.
  I wanted to say, we have an issue with military chaplains who 
actually work for their denomination. They do not necessarily answer 
straight to the military. They are supposed to have their loyalty to 
their denomination.
  If their denomination believes a certain thing that is not in 
alignment with a potential new policy of the defense, then they are 
going to be censored. How do you deal with that censorship matter and 
that freedom of religion issue? Again, Tony Perkins, a marine, a 
chaplain, the president of Family Research Council, and Franklin 
Graham, son of Billy Graham, have both been uninvited already because 
of their views. They are politically incorrect.
  So the military invited them to speak at prayer breakfasts and they 
were uninvited. It would not have happened without this debate. That's 
why we need more than 10 minutes.
  Mr. McMAHON. Mr. Chair, I urge my colleagues to adopt a sense of 
Congress recognizing Father Vincent Robert Capodanno, a decorated 
hometown hero from my district, for his military accomplishments and 
commitment to his faith. We ask that Department of Navy commission the 
next Navy Destroyer in the memory of Father Capodanno.
  On June 7, 1957, Father Capodanno was ordained by the late Cardinal 
Spellman and shortly after, fervently devoted 8 years of Catholic 
Missionary service to the needy peoples of Taiwan and Hong Kong.
  Volunteering his services as Navy Chaplain on December 28, 1965, 
Father Capodanno received his commission as a Lieutenant in the 
Chaplain Corps of the United States Naval Reserve. After completing 
orientation at the Naval Chaplain's School, Newport, Rhode Island, 
Lieutenant Capodanno requested duty with the Marines in Vietnam.
  His first assignment was the First Marine Division in 1966, where he 
immediately began making his presence in the combat operation of Chu 
Lai a regular part of his duties as Battalion Chaplain. To stay with 
his men, Chaplain Capodanno relinquished 30 days of Christmas holiday 
leave and after serving one year, he extended his tour of duty for 6 
months on the condition that he be allowed to remain with the infantry.
  Father Capodanno's greatest desire was just that--to remain with his 
troops and to give them moral support. Then on the morning of September 
4, 1967, the decision was no longer his to make. During Operation Swift 
in the Thang Binh District of the Que Son Valley the 1st battalion, 
fifth Marines encountered a large North Vietnamese unit of 
approximately 2500 men.
  Father Capodanno went among the wounded and dying, giving last rites 
and taking care of his marines. Wounded once in the face and having his 
hand almost severed, he went to help a wounded corpsman only yards from 
an enemy machinegun and was killed. For his selfless acts and bravery 
beyond the call of duty, a man fellow marines referred to on the 
battlefield as the ``the 'grunt' padre,'' Father Vincent R. Capodanno 
was awarded the Medal of Honor posthumously.
  In 1973, Father Capodanno had a ship commissioned in his honor. The 
USS Capodanno's lifespan was just as decorated as her namesake's, being 
the only naval vessel to be blessed by the Pope and saving 
approximately 22 lives in her first deployment as a search and rescue 
vessel in the Mediterranean. Unfortunately, this ship was 
decommissioned and then sold to Turkey in 2005.
  Today, Father Capodanno's legacy in the Navy goes untold. The people 
of New York's 13th district and I would be incredibly honored if the 
Department of Navy would recognize these amazing accomplishments by 
commissioning the next Navy Destroyer in the memory of Father 
Capodanno, an American Hero!
  Mr. TOWNS. Mr. Chair, I rise in strong support of this amendment to 
H.R. 5136. This is a good addition to the National Defense 
Authorization Act for Fiscal Year 2011 and one that will go a long way 
toward improving our federal information security posture.
  This language is nearly identical to H.R. 4900, the Federal 
Information Security Amendments Act of 2010, which was introduced by 
Ms. Watson on March 22, 2010. That bill was just ordered favorably 
reported by tile Committee on Oversight & Government Reform last week 
by a voice vote.
  The Federal Information Security Management Act was enacted in 2002 
as part of the E-Government Act. FISMA requires federal agencies to 
assess the state of their information security management each year by 
conducting periodic risk assessments, categorizing risk, maintaining a 
detailed inventory of all information systems, and training employees 
in security awareness. While FISMA has been an effective tool in 
improving information security, GAO continues to report persistent 
weaknesses that this legislation is intended to address.
  Cyber threats and attacks against information systems have continued 
to grow in both volume and intensity in recent years. In 2009 the U.S. 
electrical grid was reportedly infiltrated by hackers and denial of 
service attacks brought down the websites of a number of federal 
agencies including the Department of State, the Secret Service and the 
Federal Trade Commission. Cyber attacks are escalating quickly and we 
must do more to defend the Federal government against them.
  This amendment represents an important step toward remedying the 
problem. It codifies multiple policy recommendations made by the Obama 
administration, public-private sector working groups and GAO for fixing 
information security deficiencies throughout the federal government.
  Among other things, it would permanently elevate the significance of 
cyber security to the executive level by establishing a National Office 
for Cyberspace, with a director to be appointed by the President and 
confirmed by the Senate. This amendment also requires agencies to begin 
automated and continuous monitoring of their information technology 
systems, a requirement that the Obama administration issued guidance on 
in April. It also includes provisions codifying the position of chief 
technology officer and establishing a national strategy to engage with 
the international community on information security.
  In closing, I want to take the time to acknowledge two of my 
colleagues from California. First, I want to thank Ms. Watson, for 
introducing H.R. 4900 and offering this amendment. Second, I thank Mr. 
Issa for working with us in a bipartisan manner to improve this 
amendment and move it forward in the legislative process. This is a 
good amendment and I strongly urge the rest of my colleagues to join me 
in supporting it.
  Ms. GIFFORDS. Mr. Chair, since 9/11, we have put an increased focus 
on tearing down boundaries to intel sharing and building networks that 
ensure critical information reaches decision makers. Information 
sharing on the

[[Page H4001]]

battlefield saves lives and intelligence sharing along our border 
promotes national security.
  The longstanding barriers that built roadblocks between local law 
enforcement, Federal agencies and the Department of Defense are slowly 
crumbling. Critical information is beginning to flow but stovepipes 
remain.
  Each day in places all along the border, illegal immigrants are 
smuggling guns, drugs and people into the United States. And each day, 
the Border Patrol apprehends people here illegally from places like 
North Korea, Iran, and Syria.
  All along the border at military outposts charged with training our 
best and our brightest, ground forces and UAV pilots learn to identify 
targets, track movements and pass actionable intelligence.
  But stovepipes within the system continue to prevent some sharing of 
potentially crucial data.
  My amendment is focused on alleviating some of that urgent need for 
effective and efficient intelligence sharing. This need is recognized 
by our military leaders, program managers, intel analysts, and law 
enforcement officials.
  As our military trains for battle and conducts field exercises in 
preparation for deployments, they collect data points that can be 
crucial to locating and stopping smuggling lanes into our country.
  If only they were permitted to share that information with the people 
who can target these smuggling trails and shut traffickers down.
  That is the goal of this amendment.
  Whether it is soldiers from Fort Huachuca who uncover tunnel networks 
while learning to fly UAVs, or A-10 pilots from Davis-Monthan 
transiting out to the Goldwater Range, or Navy exercises on the Pacific 
or Gulf coasts that locate and intercept submersibles, this information 
must be shared and fused with the ground and airborne intelligence 
already flowing into se ors along the border.
  My amendment will permit exactly that by authorizing those who 
routinely conduct training operations to share with Joint Task Force 
North any of the critical data they collect.
  We know that more information, more intelligence and more resources 
will help stop smugglers, guns, drugs and human cargo from crossing the 
border and lead to captures and convictions that make our country more 
secure.
  I urge my colleagues to vote in favor of this amendment.
  The Acting CHAIR. The question is on the amendments en bloc offered 
by the gentleman from Missouri (Mr. Skelton).
  The amendments en bloc were agreed to.


                Amendment No. 13 Offered by Mr. McGovern

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 111-498.
  Mr. McGOVERN. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. McGovern:
       Add at the end of subtitle F of title X, the following:

     SEC. 1065. FINDINGS AND SENSE OF CONGRESS ON OBESITY AND 
                   FEDERAL CHILD NUTRITION PROGRAMS.

       (a) Findings.--Congress find the following:
       (1) According to the April 2010 report, ``Too Fat to 
     Fight'', more than 100 retired generals and admirals wrote 
     that, ``[o]besity among children and young adults have 
     increased so dramatically that they threaten not only the 
     overall health of America but the future strength of our 
     military.''
       (2) Twenty-seven percent, over 9,000,000, 17-24-year-olds 
     in the United States are too fat to serve in the military.
       (3) Between 1995 and 2008, the military had 140,000 
     individuals who showed up at the centers for processing but 
     failed their entrance physicals because they were too heavy.
       (4) Being overweight is now the leading medical reason for 
     rejection from military service.
       (5) Between 1995 and 2008, the proportion of potential 
     recruits who failed their physicals each year because they 
     were overweight rose nearly 70 percent.
       (6) The military annually discharges over 1,200 first-term 
     enlistees before their contracts are up because of weight 
     problems.
       (7) The military must then recruit and train their 
     replacements at a cost of $50,000 for each man or woman.
       (8) Training replacements for those discharged because of 
     weight problems adds up to more than $60,000,000 annually.
       (10) Overweight adolescents are more likely to become 
     overweight adults.
       (11) Overweight adolescents and overweight adults are at 
     risk of developing obesity-related, life-threatening diseases 
     including cancer, type 2 diabetes, stroke, heart disease, 
     arthritis, and breathing problems.
       (12) According to the American Public Health Association, 
     ``left unchecked, obesity will add nearly $344 billion to the 
     nations annual health care costs by 2018 and account for more 
     than 21 percent of health care spending''.
       (13) Overweight and undernourished adolescents face 
     academic challenges due to poor health behaviors, resulting 
     in even greater risk to their future health and earing and 
     the Nation's economic growth and worldwide competition.
       (14) For decades military leaders have championed efforts 
     to improve the nutrition of young people in America.
       (15) During World War II, 40 percent of rejected recruits 
     were turned away because of poor or under nutrition.
       (16) The preamble to the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751) states ``It is hereby declared to 
     be the policy of Congress, as a measure of national security, 
     to safeguard the health and well-being of the Nation's 
     children and to encourage the domestic consumption of 
     nutritious agricultural commodities and other food, by 
     assisting the States, through grants in aid and other means, 
     in providing an adequate supply of food and other facilities 
     for the establishment, maintenance, operation and expansion 
     of nonprofit school lunch programs''.
       (17) Over 17 million children were food insecure, or 
     hungry, in 2008, according to data collected by the 
     Department of Agriculture.
       (18) The Federal Child Nutrition Programs under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
     are proven to be effective in combating both hunger and 
     obesity.
       (19) President Obama has called for a historic investment 
     in the Federal Child Nutrition Programs in order to respond 
     to 2 of the greatest child health challenges of our time, 
     hunger and poor nutrition.
       (20) Two hundred twenty-one Members of Congress signed a 
     letter to Speaker Pelosi in support of President Obama's 
     budget request for the Federal Child Nutrition Programs.
       (21) This same letter requested identification of possible 
     offsets for the new investments in these important anti-
     hunger and nutrition programs.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) reducing domestic childhood obesity and hunger is a 
     matter of national security;
       (2) obesity and hunger will continue to negatively impact 
     recruitment for Armed Forces without access to physical 
     activity, healthy food, and proper nutrition;
       (3) Congress should act to reduce childhood obesity and 
     hunger;
       (4) the Federal Child Nutrition Programs under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
     should be funded at the President's request; and
       (5) the increases in funding for such programs should be 
     properly offset.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Massachusetts (Mr. McGovern) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. McGOVERN. Mr. Chairman, I yield myself 1\1/2\ minutes.
  Mr. Chairman, hunger and obesity are serious problems in this 
country. Over 49 million Americans go hungry every year, 17 million of 
which are children. Now we have a new problem--obesity. Most people 
think obesity is a simple problem of eating the wrong food, and this is 
mostly correct. But there are many cases where obese people are also 
hungry, that they are feeding themselves and their families with empty 
calories simply because they are inexpensive.
  We must address hunger and obesity, and I am pleased that the First 
Lady is working on these issues. But now obesity is a national security 
issue. Twenty-seven percent of young adults are too fat to serve in the 
military and being overweight is now the leading cause for rejection 
from military service.
  Our amendment is simple. It says that hunger and obesity are national 
security problems and must be addressed, and it says that we should do 
so in part with the reauthorization of the Child Nutrition Act. The 
school lunch program was created in World War II because 40 percent of 
the rejected recruits were underweight. In fact, the preamble to the 
School Lunch Act states that the school lunch program was created ``as 
a measure of national security.''
  Healthy school meals, along with more exercise and better access to 
food at home, will help combat the national security crisis of obesity.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I claim the time in opposition, although I 
will not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from California is 
recognized for 5 minutes.
  There was no objection.

[[Page H4002]]

  Mr. McKEON. I yield such time as she may consume to the gentlewoman 
from Missouri (Mrs. Emerson).
  Mrs. EMERSON. Thank you, Ranking Member McKeon.
  My colleague, Jim McGovern, made a couple of remarks with regard to 
the challenges the military is facing with regard to potential 
enlistees.
  I could go down and continue talking about some of these, but one of 
the most interesting facts is that every year the military annually 
discharges over 1,200 first-term enlistees before their contracts are 
up because of weight problems. Then the military must recruit and train 
their replacements at a cost of $50,000 for each man or woman.
  This begs the question, and which is why this amendment from my 
colleague is so very important, and that is because 16 million children 
or 22.5 percent of all children in the United States live in a home 
where access to food is an uncertainty. In these homes, child nutrition 
programs literally serve as a lifeline to proper nutrition and a better 
future.
  We know that hungry children are sick more often. They suffer growth 
impairment and even developmental impairment. They do poorer in school, 
they are less prepared to join the workforce, and for purposes of this 
debate, they are less prepared to serve their country in the Armed 
Forces.
  The facts of life for too many of our children are hard to hear but 
they are, in fact, true.
  The first step in achieving greater success must be to ensure 
adequate funds are dedicated to this challenge.
  I support the sense of Congress language in this amendment calling 
for a $1 billion increase in funding for the child nutrition programs, 
and I share its belief that we need to pay for it.
  I would like to thank my colleagues, Jim McGovern of Massachusetts 
and Sanford Bishop of Georgia, for their leadership on this issue.
  To support the goals of this important program, I would ask 
colleagues to support the sense of Congress language and continue 
working to make this message a reality.
  The reauthorization of the Child Nutrition Act must be a tool for 
reducing the number of hungry and obese children in the United States. 
GAO recently analyzed domestic food assistance and found: (quote) 
``participation in 7 of the programs we reviewed--including WIC, the 
National School Lunch Program, the School Breakfast Program, and SNAP--
is associated with positive health and nutrition outcomes consistent 
with programs' goals, such as raising the level of nutrition among low-
income households, safeguarding the health and wellbeing of the 
nation's children, and strengthening the agricultural economy.'' These 
are goals I believe we can all support.
  Mr. McGOVERN. Mr. Chairman, I want to thank the gentlelady from 
Missouri for her leadership and her cosponsorship of this amendment.
  I yield 2 minutes to the gentleman from Georgia (Mr. Bishop).
  Mr. BISHOP of Georgia. I thank the gentleman for yielding.
  Mr. Chairman, I am pleased to join Representatives McGovern and 
Emerson as an original cosponsor of this bipartisan amendment, which 
affirms the intention of Congress to combat domestic childhood obesity 
and hunger in the interest of our national security.
  According to the July 2009 Trust for America's Health Report, the 
percentage of obese and overweight children ages 10 to 17 is at or 
above 30 percent in 30 States. Seven of the top 10 States are in the 
South, with my State of Georgia ranked third, with 37.3 percent of 
obese and overweight youngsters.
  Obesity is especially prevalent in the African American and Latino 
communities. Overweight and obese teens are at risk of developing 
diabetes, heart disease, cancer, stroke, arthritis and breathing 
problems and American children are disproportionately impacted.
  In a recent report, Too Fat to Fight, over 100 retired generals and 
admirals wrote that obesity among children and young adults has 
increased so dramatically that it threatens not only our Nation's 
health but the future of our military. Between 1995 and 2008, the 
military had 140,000 individuals, a 70 percent increase, who showed up 
at the centers for processing but failed their entrance physicals 
because they were too heavy, and 1,200 enlistees were discharged before 
their contracts were up. And now being overweight is the leading 
medical cause for rejection from military service.
  Mr. Chairman, proper nutrition, healthy food, ending hunger and 
access to physical activity for our youth are vital to ensuring that 
our Nation's military remains strong into the future.
  I urge my colleagues to support this important amendment and the 
strong effort to support and maintain a strong national defense by 
assuring strong and healthy servicemembers.
  Mr. McKEON. Mr. Chairman, I yield the balance of my time to the 
gentleman from Virginia (Mr. Forbes), a member of the committee.
  The Acting CHAIR. The gentleman is recognized for 3 minutes.
  Mr. FORBES. Thank you, Mr. Chairman.
  I would like to thank the ranking member for yielding that time.
  Mr. Chairman, I was excited, as I was reading some articles in my 
office before I came over here, the leadership of the House has finally 
moved us up to where we now have an 18 percent approval rating across 
the country.
  That means that only 82 percent of the Americans feel that this body 
doesn't have a clue about where we need to go or why. The reason is 
because, as hard as they try to find it, there is one thing they can't 
find in any of these walls and under any these chairs, and that is just 
simple common sense.

                              {time}  1530

  Because, Mr. Chairman, when they go to buy something, they know the 
first thing they need to do is ask how much does it cost? And yet we 
pass a health care bill, and we don't even really look at all the 
facts. We just want to get out of here. And later we find out it costs 
a whole lot more than what we thought it would, and we just come back 
up and say, well, that's just too bad. And we're getting ready to do 
the same thing, because when they take any action in their business, 
one of the first things they want to do is say, What's the effect going 
to be on that particular action?
  Mr. Chairman, as we look at this provision on trying to remove the 
Don't Ask, Don't Tell policy that is currently the policy for DOD, we 
hear our Chiefs of Staff in one voice: Admiral Roughead saying, just 
wait and get the facts before you make a decision. Just some common 
sense. We hear General Schwartz, the Chief of Staff of the Department 
of Air Force saying, just wait and get the facts. Let us do the study 
before you make a decision. Just some common sense. We have General 
Conway who says, just wait and get the facts before you make a 
decision. Just some common sense. And we have General Casey from the 
Army saying, just get the facts before you make a decision. Let us 
complete the study. Just some common sense.
  But what some individuals want to do on this House floor is--same 
thing we do with so many other things--bury the common sense: let's 
just push forward, we'll get the facts later, let's just pass the 
provision now. And that's why, Mr. Chairman, I hope that this body will 
protect this authorization bill and not pass the amendment to remove 
Don't Ask, Don't Tell.
  Mr. McGOVERN. Mr. Chairman, I yield myself the balance of the time.
  The Acting CHAIR. The gentleman is recognized for 1\1/2\ minutes.
  Mr. McGOVERN. Mr. Chairman, if we want to do something that is common 
sense, we should pass this amendment before us.
  Hunger and obesity are critical issues to our military and to the 
health and well-being of our Nation. Sixty-nine years ago, military 
recruits were turned away because they were undernourished. Today they 
are rejected because they are fat. The school lunch program allows our 
children to eat during the school day. We must improve it so that more 
nutritious meals are served at schools and so that every child has 
access to school meals.
  We talk a lot about health care in this Chamber. I should point out 
to my colleagues that according to the American Public Health 
Association: ``Left unchecked, obesity will add nearly $344 billion to 
the Nation's annual health care costs by 2018 and account for more than 
21 percent of health care spending.''
  This is a health issue. This is a commonsense issue. This is a 
national security issue. This amendment expresses the House's support 
for this effort to end hunger and to make sure

[[Page H4003]]

our young people have nutritious meals. I urge my colleagues to vote 
``yes'' on the McGovern-Emerson-Bishop amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
  I support this amendment; I think it's a good thing. I think that our 
whole country could use a little help in this area.
  Now, back to Don't Ask, Don't Tell. Again, I think it's very 
important that we do as Mr. Forbes said, a little common sense. When we 
tell the military we're going to get their viewpoint and then we say, 
never mind, we're going to move ahead, your viewpoint really doesn't 
matter, I think that that's a big mistake.
  I think this amendment is a good one, but I think only giving us 10 
minutes to debate Don't Ask, Don't Tell is a mistake.
  Mr. BISHOP. Mr. Chair, I am pleased to join Representatives McGovern 
and Emerson as an original co-sponsor of this bipartisan amendment, 
which affirms the intention of Congress to combat domestic childhood 
obesity and hunger in the interests of our national security.
  According to a July 2009 Trust for America's Health Report, the 
percentage of obese and overweight children (ages 10 to 17) is at or 
above 30% in 30 states. Seven of the top ten states are in the South, 
with my state of Georgia ranking third with 37.3% of obese and 
overweight youngsters. Obesity is especially prevalent in the African-
American and Latino communities.
  Overweight and obese teens are at risk of developing diabetes, heart 
disease, cancer, stroke, arthritis, and breathing problems; and 
American children are disproportionately impacted.
  In a recent report, ``Too Fat to Fight,'' over 100 retired generals 
and admirals wrote that obesity among children and young adults has 
increased so dramatically that it threatens not only the Nation's 
health, but the future of our military.'' Between 1995 and 2008, the 
military had 140,000 individuals, a 70% increase, who showed up at the 
centers for processing, but failed their entrance physicals because 
they were too heavy; 1,200 enlistees were discharged before their 
contracts were up; and now being overweight is the leading medical 
cause for rejection from military service.
  Proper nutrition, healthy food, ending hunger, and access to physical 
activity for our youth are vital to ensuring that our nation's military 
remains strong for the future. I urge my colleagues to support this 
important amendment, in an effort to support and maintain a strong 
national defense by assuring strong and healthy service members.
  Mr. McKEON. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. McGovern).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. McGOVERN. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts will be postponed.


            Amendments En Bloc No. 2 Offered by Mr. Skelton.

  Mr. SKELTON. Mr. Chairman, pursuant to House Resolution 1404, I offer 
amendments en bloc No. 2.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc No. 1 offered by Mr. Skelton consisting of 
amendments numbered 20, 22, 23, 26, 27, and 45 printed in House Report 
111-498:


           Amendment No. 20 Offered by Mr. Burton of Indiana

  The text of the amendment is as follows:

       Page 452, after line 10, insert the following:

     SEC. 1065. SENSE OF CONGRESS REGARDING PRESIDENTIAL LETTERS 
                   OF CONDOLENCE TO THE FAMILIES OF MEMBERS OF THE 
                   ARMED FORCES WHO HAVE DIED BY SUICIDE.

       (a) Findings.--Congress finds that--
       (1) suicide is a growing problem in the Armed Forces that 
     cannot be ignored;
       (2) a record number of military suicides was reported in 
     2008, with 128 active-duty Army and 48 Marine deaths 
     reported;
       (3) the number of military suicides during 2009 is expected 
     to equal or exceed the 2008 total;
       (4) long-standing policy prevents President Obama from 
     sending a condolence letter to the family of a member of the 
     Armed Forces who has died by suicide;
       (5) members of the Armed Forces sacrifice their physical, 
     mental, and emotional well-being for the freedoms Americans 
     hold dear;
       (6) the military family also bears the cost of defending 
     the United States, with military spouses and children 
     sacrificing much and standing ready to provide unending 
     support to their spouse or parent who is a member of the 
     Armed Forces;
       (7) the loss of a member of the Armed Forces to suicide 
     directly and tragically affects military spouses and 
     children, as well as the United States;
       (8) much more needs to be done to protect and address the 
     mental health needs of members of the Armed Forces, just as 
     they serve to protect and defend the freedoms of the United 
     States;
       (9) a presidential letter of condolence is not only about 
     the deceased because it also serves as a sign of respect for 
     the grieving family and an acknowledgment of the family for 
     their personal loss; and
       (10) a lack of acknowledgment and condolence from the 
     President only leaves these families with an emotional vacuum 
     and a feeling that somehow their sacrifices have been less 
     than the sacrifices of others.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the current policy that prohibits sending a 
     presidential letter of condolence to the family of a member 
     of the Armed Forces who has died by suicide only serves to 
     perpetuate the stigma of mental illness that pervades the 
     Armed Forces; and
       (2) the President, as Commander-in-Chief, should overturn 
     the policy and treat all military families equally.


         Amendment No. 22 Offered by Mr. Holden of Pennsylvania

  The text of the amendment is as follows:

       At the end of subtitle H of title V, add the following new 
     section:

     SEC. 5__. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

       (a) Army.--
       (1) In general.--Chapter 357 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3757. Combat Medevac Badge

       ``(a) Issuance.--The Secretary of the Army shall issue a 
     badge of appropriate design, to be known as the Combat 
     Medevac Badge, to each person who while a member of the Army 
     served in combat on or after June 25, 1950, as a pilot or 
     crew member of a helicopter medical evacuation ambulance and 
     who meets the requirements for the award of that badge.
       ``(b) Eligibility Requirements.--The Secretary of the Army 
     shall prescribe requirements for eligibility for the Combat 
     Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``3757. Combat Medevac Badge''.

       (b) Navy and Marine Corps.--
       (1) In general.--Chapter 567 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 6259. Combat Medevac Badge

       ``(a) Issuance.--The Secretary of the Navy shall issue a 
     badge of appropriate design, to be known as the Combat 
     Medevac Badge, to each person who while a member of the Navy 
     or Marine Corps served in combat on or after June 25, 1950, 
     as a pilot or crew member of a helicopter medical evacuation 
     ambulance and who meets the requirements for the award of 
     that badge.
       ``(b) Eligibility Requirements.--The Secretary of the Navy 
     shall prescribe requirements for eligibility for the Combat 
     Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``6259. Combat Medevac Badge''.

       (c) Air Force.--
       (1) In general.--Chapter 857 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8757. Combat Medevac Badge

       ``(a) Issuance.--The Secretary of the Air Force shall issue 
     a badge of appropriate design, to be known as the Combat 
     Medevac Badge, to each person who while a member of the Air 
     Force served in combat on or after June 25, 1950, as a pilot 
     or crew member of a helicopter medical evacuation ambulance 
     and who meets the requirements for the award of that badge.
       ``(b) Eligibility Requirements.--The Secretary of the Air 
     Force shall prescribe requirements for eligibility for the 
     Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``8757. Combat Medevac Badge''.

       (d) Award for Service Before Date of Enactment.--In the 
     case of persons who, while a member of the Armed Forces, 
     served in combat as a pilot or crew member of a helicopter 
     medical evacuation ambulance during the period beginning on 
     June 25, 1950, and ending on the date of enactment of this 
     Act, the Secretary of the military department concerned shall 
     issue the Combat Medevac Badge--
       (1) to each such person who is known to the Secretary 
     before the date of enactment of this Act; and
       (2) to each such person with respect to whom an application 
     for the issuance of the

[[Page H4004]]

     badge is made to the Secretary after such date in such 
     manner, and within such time period, as the Secretary may 
     require.


        Amendment No. 23 Offered by Mr. Pomeroy of North Dakota

  The text of the amendment is as follows:

       At the end of subtitle I of title V, add the following new 
     section:

     SEC. 5__. CODIFICATION AND CONTINUATION OF JOINT FAMILY 
                   SUPPORT ASSISTANCE PROGRAM.

       (a) Codification and Continuation.--Chapter 88, of title 
     10, United States Code, is amended by inserting after section 
     1788 the following new section:

     ``Sec. 1788a. Joint Family Support Assistance Program

       ``(a) Program Required.--The Secretary of Defense shall 
     continue to carry out the program known as the `Joint Family 
     Support Assistance Program' for the purpose of providing to 
     families of members of the armed forces the following types 
     of assistance:
       ``(1) Financial and material assistance.
       ``(2) Mobile support services.
       ``(3) Sponsorship of volunteers and family support 
     professionals for the delivery of support services.
       ``(4) Coordination of family assistance programs and 
     activities provided by Military OneSource, Military Family 
     Life Consultants, counselors, the Department of Defense, 
     other Federal agencies, State and local agencies, and non-
     profit entities.
       ``(5) Facilitation of discussion on military family 
     assistance programs, activities, and initiatives between and 
     among the organizations, agencies, and entities referred to 
     in paragraph (4).
       ``(6) Non-medical counseling.
       ``(7) Such other assistance that the Secretary considers 
     appropriate.
       ``(b) Locations.--The Secretary of Defense shall carry out 
     the program in at least six areas of the United States 
     selected by the Secretary. Up to three of the areas selected 
     for the program shall be areas that are geographically 
     isolated from military installations.
       ``(c) Resources and Volunteers.--The Secretary of Defense 
     shall provide personnel and other resources of the Department 
     of Defense necessary for the implementation and operation of 
     the program and may accept and utilize the services of non-
     Government volunteers and non-profit entities under the 
     program.
       ``(d) Procedures.--The Secretary of Defense shall establish 
     procedures for the operation of the program and for the 
     provision of assistance to families of members of the Armed 
     Forces under the program.
       ``(e) Relation to Family Support Centers.--The program is 
     not intended to operate in lieu of other family support 
     centers, but is instead intended to augment the activities of 
     the family support centers.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of such chapter is amended by 
     inserting after the item relating to section 1788a the 
     following new item:

``1788a. Joint Family Support Assistance Program.''.
       (c) Repeal of Superceded Provision.--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 repealed.


             Amendment No. 26 Offered by Mr. Latham of Iowa

  The text of the amendment is as follows:

       At the end of subtitle D of title VI, add the following new 
     section:

     SEC. 6__. 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 to correct this erroneous 
     interpretation by the Department of Defense in order to 
     ensure reserve component members receive the full retirement 
     benefits intended to be provided by such section 12731.


        Amendment No. 27 Offered by Mr. Kennedy of Rhode Island

  The text of the amendment is as follows:

       Page 274, after line 13, insert the following:
       (E) neurology;
       Page 274, line 14, strike ``(E)'' and insert ``(F)''.
       Page 274, line 15, strike ``(F)'' and insert ``(G)''.
       Page 274, line 16, strike ``(G)'' and insert ``(H)''.
       Page 274, line 17, strike ``(II)'' and insert ``(I)''.


       Amendment No. 45 Offered by Mr. Tim Murphy of Pennsylvania

  The text of the amendment is as follows:

       At the end of title VI, add the following new section:

     SEC. 6_. REPORT ON PROVISION OF ADDITIONAL INCENTIVES FOR 
                   RECRUITMENT AND RETENTION OF HEALTH CARE 
                   PROFESSIONALS FOR RESERVE COMPONENTS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Surgeons General of the Army, Navy, and Air 
     Force shall submit to Congress a report on their staffing 
     needs for health care professionals in the active and reserve 
     components of the Armed Forces. The report shall specifically 
     identify the positions in most critical need for additional 
     health care professionals, including the number of physicians 
     needed and whether additional behavioral health 
     professionals, such as psychologists and psychiatrists, are 
     needed to treat members of the Armed Forces for the growing 
     concerns of post traumatic stress disorder and traumatic 
     brain injury. The report shall include recommendations for 
     providing incentives for health care professionals with more 
     than 20 years of clinical experience to join the active or 
     reserve components, including whether changes in age or 
     length of service requirements to qualify for partial retired 
     pay for non-regular service could be used as a recruitment or 
     retention incentives.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Missouri (Mr. Skelton) and the gentleman from California (Mr. 
McKeon) each will control 10 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I urge the committee to adopt the 
amendments en bloc, all of which have been examined by both the 
majority and the minority.
  Mr. Chairman, I yield 2 minutes to my friend, the gentlewoman from 
California (Ms. Harman).
  (Ms. HARMAN asked and was given permission to revise and extend her 
remarks.)
  Ms. HARMAN. I thank the esteemed Chairman Skelton, my dear friend, 
for yielding.
  Mr. Chairman, over eight terms in Congress I have served on every 
security committee, including three terms on the Armed Services 
Committee whose bill I am once again proud to support.
  As a rookie Member of Congress in 1993, I sat in the most junior 
chair on the HASC, just a few feet away from the witness table. Then-
Chairman of the Joint Chiefs, Colin Powell, testified in favor of the 
Clinton administration's Don't Ask, Don't Tell policy. I drew a deep 
breath and told the general that I thought Don't Ask, Don't Tell was 
unconstitutional. I opposed it then, and I oppose it now.
  No good has ever come of that policy. And I applaud the personal 
courage of current Joint Chiefs Chairman Admiral Mike Mullen who told 
Congress, ``No matter how I look at the issue, I cannot escape being 
troubled by the fact that we have in place a policy which forces young 
men and women to lie about who they are in order to defend their fellow 
citizens.''
  The en bloc amendment which we are now debating includes language I 
coauthored with Rules Committee Chair Slaughter to give victims of 
military sexual trauma the ability to seek a base transfer. MST is an 
epidemic which subjects a growing number of servicemembers to serious 
assault and rape. It is horrifying that women in our military are more 
likely to be raped by a fellow soldier than killed by enemy fire in 
Iraq or Afghanistan. MST must end, and this bill makes a very good 
start.
  Let me make some general comments about our national security. We 
can't wish away the threats facing our Nation. We, like generations of 
Americans before us, must rise to meet them. We must be realistic about 
our vulnerabilities, about the capabilities of our adversaries, and of 
our allies to help us. We must be wise enough to recognize that we will 
not prevail through military might alone.
  Our military, diplomatic, and development efforts are tools to an 
end--security, and eventually peace. These are dangerous times, and 
they require a tough response. We have the strategy in this bill, we 
have the strength in men and women who serve courageously in our 
military and intelligence services, and we have our values. We will not 
fail.
  Support this bill. Support the Murphy amendment. Support the en bloc 
amendment.
  Mr. McKEON. Mr. Chairman, I claim the time in opposition, although I 
am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from California is 
recognized for 10 minutes.

[[Page H4005]]

  There was no objection.
  Mr. McKEON. At this time, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Tim Murphy), sponsor of one of the amendments.
  Mr. TIM MURPHY of Pennsylvania. I thank the ranking member for 
yielding.
  One of the amendments in there I'd like to talk about here.
  According to a RAND study, there are more than several hundred 
thousand potential cases of post-traumatic stress disorder in our 
veterans from operations in Iraq and Afghanistan, and suicide rates 
among them are also higher than that of the general population. The 
Department of Defense has rightly doubled its budget for treatment and 
research of PTSD and traumatic brain injury and set higher goals for 
the number of behavior health providers. And although care has also 
been supplemented through TRICARE and contract providers, the military 
remains understaffed to meet the needs.
  Combat veterans should not be placed on a waiting list, especially 
dealing with mental health problems and suicide. And servicemembers who 
need care can only get care if they are near care. Now, a huge 
investment has been made into many of the great clinicians in medical 
services at the dawn of their careers. Stipends, bonuses, educational 
expenses are paid in hopes we can recruit and retain them for 20 or 30 
years, although many do not remain that long. Sometimes we discourage 
those from signing up later in their careers who, because of their age, 
they can't remain for 20 years or so. Yet there are those who are at 
the peak of their career who we could look to not only to fill the 
immediate needs with highly skilled and ready-trained experiences, but 
to provide mentorship and training to those starting out in their 
medical and behavioral medicine careers.
  This amendment simply calls upon the Surgeons General of the Army, 
Navy, and Air Force to report on other incentives that can be offered 
to recruit and retain those with 20 or more years of nonmilitary 
clinical experience to serve in active or reserve duty. This might 
include, but is not limited to, offering a 10-year retirement instead 
of the traditional 20- or 30-year retirement.
  I might add that we are very proud of our servicemen and -women and 
want to make it very clear that all of us in Congress--and I know all 
the military--are absolutely dedicated to making sure that we take care 
of all of their wounds, whether they are visible or invisible wounds of 
war. We are proud of their service, and we will continue to support 
them. And along those lines, I hope my colleagues will also support 
this amendment.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my friend, the 
gentleman from North Dakota (Mr. Pomeroy).
  Mr. POMEROY. I thank my friend, the chairman, for yielding.
  I rise in support of amendment No. 23, which reauthorizes the Joint 
Family Support Assistance Program. This program has been providing 
critical support to the unsung heroes of the global war on terror, the 
families left behind of deploying Guard and Reserve soldiers.
  As the Department of Defense stated in its report to Congress on the 
implementation of this program: ``The Guard and Reserve are 
experiencing significantly increased mobilizations as a result of the 
global war on terrorism, and families who have previously had limited 
exposure to the demands resulting from separations due to military 
deployments must now deal with the likelihood of longer and often 
multiple deployments to the servicemember.''
  Issues like single parenting, keeping a house running through all 
kinds of weather conditions, traumatized children missing a parent, all 
of these issues have been dealt with through the scopes of these joint 
family support systems programs. They work by compiling a Military 
OneSource program, one location coordinating the many resources 
available within our local community in support of these families, a 
one-stop shop able to make certain there is coordination for military, 
Federal, State and local resources.
  For families on military bases who are deployed, it's very clear the 
support systems are there and what they are. For families of Guard and 
Reserve soldiers, especially spread across rural areas like North 
Dakota, it's less clear sometimes where the support can come from.
  I am so proud of the North Dakota National Guard and Reserve families 
that have stood in support of their deploying soldiers, and we've had a 
bunch of them--3,500 soldiers, 1,800 airmen on multiple deployments. We 
need to support their families, and I urge permanent authorization of 
this program.
  Mr. Chair, I rise today in support of the Pomeroy Amendment to 
permanently reauthorize the Joint Family Support Assistance Program, 
JFSAP.
  This program has been providing critical support to the unsung heroes 
of Global War on Terror families of deployed soldiers.
  Since its inception three years ago, the JFSAP program has been 
providing critical support to Guard and Reserve families, especially 
those families who do not live near military installations. Since the 
beginning of the wars in Iraq and Afghanistan the Guard and Reserve 
have seen a significant increase in deployments. Many of these service 
members and their families do not live near military installations and 
therefore do not have access to many of the family support functions 
available on those bases.
  As the Department of Defense stated in its initial report to Congress 
on the implementation of this program, ``The Guard and Reserve are 
experiencing significantly increased mobilization as a result of the 
Global War on Terrorism, and families who have previously had limited 
exposure to the demands resulting from separations due to military 
deployments, must now deal with the likelihood of longer and often 
multiple deployments of the service member.'' These families are now 
coping with the stress of separation from a loved one for up to a year, 
which can lead to many difficult issues. A spouse may now be faced with 
single parenting for the first time, children being separated from one 
or both of their parents may have a difficult time coping with that 
separation and when the service member returns home they sometimes have 
a difficult time readjusting to civilian life. Families located on or 
near a military installation have access to a wide range of programs to 
deal with these issues, which may not necessarily be the case for Guard 
and Reserve families spread across the country, especially in rural 
States like North Dakota.
  The Joint Family Support Assistance Program, JFSAP program works by 
compiling Military One Source programs into one location and 
coordinating those programs with resources that maybe available in the 
local community. By having a one stop shop that is able to help 
coordinate military, Federal, State, and local resources this program 
is able to provide families with comprehensive support for many of the 
issues that regularly arise due to the deployment of a loved one. 
Without a coordinated program families are faced with the requirement 
to seek this assistance out through a patchwork of entities increasing 
the possibility that they do not receive aid when they need it most.
  Once fully implemented the JFSAP in North Dakota will offer a 
Military OneSource Specialist to coordinate programs, a Financial 
Military Life Consultant, MFLC, to help families with financial issues, 
a Youth MFLC to help coordinate services for children, an Adult MFLC to 
assist with the needs of service members, spouses and other family 
members and an Operation Military Kids consultant to help set up 
programs and activities for the children of service members. The North 
Dakota National Guard has seen significant deployments since September 
11, 2001 deploying more than 3,500 soldiers and over 1,800 Airmen, many 
of those individuals have been deployed multiple times. This program's 
continuation is vital to providing the services and support that those 
families deserve.
  The N.D. Nat'l Guard Families know there will be more deployments on 
the future which means the work of this program has that begun.
  This critical program was originally authorized in the 2007 National 
Defense Authorization Act for three years and it must now be 
reauthorized. My amendment would make this program permanent so that it 
can be allowed to continue to provide critical support for Guard and 
Reserve families. I believe that this amendment will have broad 
bipartisan support and I urge its passage.
  Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from 
California (Mr. Hunter), a member of the committee.
  Mr. HUNTER. I thank the ranking member for yielding.
  America right now is locked in combat against a dangerous enemy in 
Afghanistan, facing the constant threat of ambush and roadside bombs. 
The last thing our soldiers and marines need is any unnecessary or 
harmful distractions.

[[Page H4006]]

  As a marine who has served downrange in both Iraq and Afghanistan, I 
have personally witnessed that the current policy of Don't Ask, Don't 
Tell works and the repeal of current law does not work. I have lived 
with, eaten with, dived for cover with, and fought with my fellow 
marines overseas three times. Some military lawyers may think that this 
amendment looks good on paper, but in effect it will destroy the combat 
readiness of our fighting force. Our focus right now should be on 
achieving victory and returning our military home safely.
  While America possesses the best military equipment in the entire 
world and the most technologically advanced weaponry on Earth, the true 
strength of our might is derived from the core set of values and 
principles that is shared by our frontline combat troops. It is these 
shared beliefs that lead to the comradery and the instinct of our 
troops to risk their lives to protect one another every single day.
  The commandant of the Marine Corps stands opposed to repealing 
current law, and each of the other service chiefs have expressed 
concerns with taking any action on Don't Ask, Don't Tell until the 
year-long study under way at the Pentagon is completed. With all due 
respect, Secretary of Defense Gates and the Chairman of the Joint 
Chiefs of Staff, Admiral Mullen, have and are performing a great 
service to our Nation, but they work for this administration and as 
such are required to follow President Obama's lead and not necessarily 
speak for the men and women who have volunteered to fight for our 
Nation and put themselves in harm's way.
  Evidently, the White House and congressional Democrats think they are 
doing our military a favor by rewarding them for victory in Iraq and 
continued hard fighting in Afghanistan by forcing a liberal social 
agenda on them and furthermore ignoring our military's input on this 
matter by not having this vote after the Pentagon study is completed so 
that at least this would be an informed vote. Our time would be better 
spent on evaluating the real threats facing our military in 
Afghanistan, starting with the roadside bomb threat and ensuring our 
troops have the resources that they need.
  The debate on Don't Ask, Don't Tell is just another distraction on 
these and other priorities, and I urge my colleagues here in the House 
to vote ``no'' on this amendment. We need to listen to our military 
leaders, listen to the commandant of the Marine Corps and the actual 
generals and admirals in charge of our military fighting for us, not 
people who work for this administration and are going to tow the line 
for this administration. We've got to do what's right. Support the 
military. We need victory, not social change, in the military.

                              {time}  1545

  The Acting CHAIR. The Chair will note that the gentleman from 
Missouri has 6 minutes remaining and the gentleman from California has 
5\1/2\ minutes remaining.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  Mr. McKEON. Mr. Chairman, I am happy to yield 2 minutes to the 
gentleman from Iowa (Mr. Latham), the sponsor of one of the amendments 
en bloc.
  Mr. LATHAM. I thank the gentleman from California, my good friend.
  Mr. Chairman, the amendment I offered to my colleagues, along with 
the gentleman from Oklahoma, is included in the block of amendments we 
are considering.
  I thank the Rules Committee, the chairman--Mr. Skelton--and the 
ranking member for considering this amendment, which addresses an issue 
brought to my attention by members of the Iowa National Guard.
  The 2008 Defense Authorization Act included a provision narrowing the 
gap between active duty and reserve retirement benefits by allowing 
Guard and Reserve members to begin receiving retired pay earlier than 
the age of 60 if they had spent significant periods of time in 
deployments. This provision was based on legislation that I introduced, 
the National Guard and Reserve Retirement Modernization Act.
  The intent of the original legislation was to reduce the retirement 
age for time spent deployed, by 3 months for every 90 days spent on 
active duty over the course of a career, as an incentive to retain our 
best and brightest men and women. However, an erroneous legal 
interpretation has limited the qualifying time to 90-day periods wholly 
served within the same fiscal year, which causes many members of the 
Guard and Reserve to lose credit for some of the months that they've 
served.
  My amendment states that it is the sense of Congress that steps 
should be taken to correct this interpretation in order to ensure 
Reserve component members receive the full retirement benefits that 
they have earned. The committee has indicated in its report that it 
believes the current interpretation of the law to be inaccurate. I look 
forward to working with the committee and the Department of Defense to 
address and to correct this issue of fairness to our guardsmen and 
reservists who are being asked to meet increasing demands.
  I urge my colleagues to support this effort.
  Mr. McKEON. Mr. Chairman, I yield the balance of my time to the 
ranking member on the Veterans' Affairs Committee, the gentleman from 
Indiana (Mr. Buyer).
  Mr. BUYER. I want to congratulate both of you on a job well done on 
your bill.
  To my friend Ike Skelton, Ike, I support the policy that you came up 
with years ago when I first came to Congress 18 years ago--the DOD's 
Don't Ask, Don't Tell--and we should not be repealing it.
  In a unified voice, all of the service chiefs have asked us to give 
them time to properly seek out the right answers on how to move forward 
regarding a major policy shift that will affect every soldier, sailor, 
airman, and marine.
  Mr. Chairman, our heroes are performing valiantly in a two-front war. 
Now is not the time for Congress to be voting on an amendment to repeal 
Don't Ask, Don't Tell. Now is the time to strengthen our resolve to 
support our servicemen and -women and to help them fight and defeat 
terrorism around the world.
  Now, the Constitution permits Congress to discriminate. We actually 
are designated with the power to raise and support armies, to provide 
and maintain a Navy, and to make the rules for government regulation 
for land and naval forces. There is nothing in the Constitution that 
guarantees a citizen the right to serve in the Armed Forces. As a 
matter of fact, pursuant to the powers conferred by section 8 of 
Article I of the Constitution, it lies within the discretion of 
Congress to establish qualifications for and conditions for service in 
the Armed Forces. You can't be too tall. You can't be too short. You 
can't be overweight. I mean, we make these decisions. Why?
  The purpose of the military is to kill and break things. Unit 
cohesion is pretty important. The conduct of military operations 
requires the members of the Armed Forces to make extraordinary 
sacrifices, including the ultimate sacrifice, in order to provide for 
the common defense of this Nation. Success in combat requires military 
units that are characterized by high morale, good order and discipline 
and unit cohesion.
  One of the most critical elements in combat capability is unit 
cohesion defined at the small unit level, which is the bonds of trust 
among individual servicemembers that make the combat effectiveness of 
our military unit greater than the sum of the combat effectiveness of 
the individual unit members, themselves.
  Military life is fundamentally different from civilian life in that 
the extraordinary responsibilities of the Armed Forces, the unique 
conditions of military service, and the critical role of unit cohesion 
require that the military community, while subject to civilian control, 
exist in a specialized society. The military society is characterized 
by its own laws, rules, customs, and traditions, including numerous 
restrictions on personal behavior that would not be acceptable in 
civilian society.
  The standards of conduct for members of the Armed Forces regulate a 
member's life for 24 hours each day, beginning at the moment the member 
enters military status and not ending until that person is discharged 
or otherwise separated from the Armed Forces. Those standards of 
conduct, including the Uniform Code of Military

[[Page H4007]]

Justice, apply to a member of the Armed Forces at all times if the 
member has military status, whether or not the individual is on base or 
not or in uniform or not.
  The pervasive application of the standards of conduct is necessary 
because members of the Armed Forces must be ready at all times for 
worldwide deployment to a combat environment. The worldwide deployment 
of the United States military forces, the international 
responsibilities of the United States and the potential for involvement 
of the Armed Forces in actual combat routinely make it necessary for 
members of the Armed Forces involuntarily to accept living conditions 
and work conditions that are often spartan, primitive and that are 
characterized by forced intimacy with little or no privacy.
  The prohibition against homosexual conduct is a longstanding element 
of military law that continues to be necessary in unique circumstances 
of the military service. Tolerance does not require a moral 
equivalency.
  Do not repeal this.
  Mr. SKELTON. Mr. Chairman, I ask unanimous consent to reclaim my 
time.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Missouri?
  There was no objection.
  The Acting CHAIR. The gentleman from Missouri has 6 minutes 
remaining.
  Mr. SKELTON. I yield 1 minute to the gentlewoman from California 
(Mrs. Davis).
  Mrs. DAVIS of California. Thank you, Mr. Skelton, for yielding.
  Mr. Chairman, I would just like to correct a couple of issues that 
Mr. McKeon and others have brought up.
  The committee has held hearings on Don't Ask, Don't Tell. In fact, my 
subcommittee has held two hearings on this very topic. Every Member of 
the House and even those not on the committee were welcomed to attend. 
Unfortunately, most of the Republicans who have criticized this process 
failed to show up to either hearing.
  The Members who did attend the second hearing, held on March 3 of 
this year, heard one of the cochairs of the DOD working group say, 
``The issue is not whether but how best'' to implement repeal.
  All along, the purpose of the study has been ``how'' to implement 
repeal, not ``if'' to end this policy. That is the purpose of the 
working group's meetings, and that is why it is so important for our 
servicemembers and their families to participate in whatever activities 
they choose which are related to this.
  I just wanted to make that correction, Mr. Chairman.
  Mr. SKELTON. I yield 2 minutes to the gentleman from Rhode Island 
(Mr. Kennedy).
  Mr. KENNEDY. I want to thank Chairman Skelton and Mr. McKeon for 
their good work on this legislation, helping to provide for our 
soldiers, sailors, airmen, coastguardsmen, and for all of those who 
serve our country in this war on terrorism.
  Mr. Chairman, as we approach Memorial Day, I want to thank our 
servicemen and -women for their service to our great country.
  When they come home, the war that they fought on our behalf sometimes 
just begins. It begins for them personally. That is the war to try to 
cope, to cope with the many challenges health-wise that they have been 
encumbered with because of their service to our country, and they 
shouldn't have to worry one bit that they don't have us to back them up 
100 percent. They need to know that we are there for them just as they 
have been for us.
  That is why, in this legislation, we have the best and the latest in 
medicine for brain research and for neuroscience technology in order to 
make sure that the signature wounds in this war, traumatic brain injury 
and posttraumatic stress disorder, are researched properly and that 
they are researched at the evidence-based level by the Department of 
Defense.
  Our soldiers deserve no less than the best when it comes to making 
sure that their challenges and their wounds are addressed. The 
Department of Defense needs to do that.
  We make it a priority in this authorization bill. When we do that in 
this bill, we also do that for this country because, just as they did 
overseas, they are not only going to kick down the doors over there; 
they are going to kick down the doors here at home when it comes to 
advancing mental health and neuroscience for all Americans.
  What we are learning is thanks to these great soldiers who are 
serving this country so proudly. God bless all of our men and women. 
Let them know that we stand behind them over there and when they get 
back here at home as well.
  The Acting CHAIR. The gentleman from Missouri has 3 minutes 
remaining.
  Mr. SKELTON. I yield 1 minute to a friend, the gentleman from New 
Jersey (Mr. Andrews).
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)
  Mr. ANDREWS. I thank the chairman for yielding.
  Certainly, the debate the minority keeps bringing up about Don't Ask, 
Don't Tell is very important, and we will have that vigorous debate.
  Mr. Chairman, I think many Americans don't really place whether gays 
and lesbians can serve in the military as the number one thing they 
worry about in national security. I think they're probably more worried 
about something like a nuclear IED going off in Times Square.
  It is important to look at the work that the two parties have done 
together that is reflected in this bill to prevent that day from 
happening. There is a program which identifies, gathers up, secures, 
and eventually disposes of the material that could make a nuclear bomb 
which would make that horror story happen.
  In 2008, we devoted $199 million to that program. Frankly, it was 
lagging behind. We weren't identifying, securing, or disposing of 
enough of it. This year, we are putting $559 million into that, which 
means more nuclear material will be identified, locked down, disposed 
of, and the risk that we will have a terrible situation like I just 
described will be diminished.
  This is the real work of the defense committee, and it deserves 
everyone's support.
  Mr. SKELTON. I yield 2 minutes to my friend, the gentleman from Ohio 
(Mr. Driehaus).
  Mr. DRIEHAUS. Thank you, Mr. Chairman, for yielding.
  Mr. Chairman, we will soon be considering an amendment, the Pingree 
amendment, which would strip away competition in the F-35, the Joint 
Strike Fighter, with the competitive engine program.
  This Congress, on nine different occasions, has stood up for 
competition, and as recently as this Congress with the Weapon Systems 
Acquisition Reform Act of 2009, where the House passed the conference 
report 411-0. In section 202, we talk about the acquisition strategies 
to ensure competition throughout the life cycle of major defense 
acquisition programs.
  It is estimated, Mr. Chairman, that 5,000 engines will be ordered for 
the Joint Strike Fighter--5,000 engines. The proponents of this 
amendment would have us do away with the competition despite the fact 
that this Congress has invested almost $3 billion in this competition 
today. Now that we are up and ready, now that the competitive engine is 
ready to move forward, they want to say, Stop. Stop the race before it 
even starts.
  We know better than that, Mr. Chairman. We know better because we 
learned on the F-15 and on the F-16. We know that this will reduce 
costs in the long term. As my grandmother would say, this is a penny 
wise and a pound foolish.
  Also, just this year, in March of 2010, the GAO report suggests that 
this goes beyond financial speculation. We know that this is going to 
save money. Beyond the finances, there are nonfinancial benefits--
better performance, increased reliability, and improved contractor 
responsiveness.
  This is critically important. If for the next couple of decades we 
are going to rely upon this knowledge for our men and women in uniform, 
we need to make sure that it is reliable. We need to make sure that 
there is competition.
  I urge my colleagues to reject the Pingree amendment.

                              {time}  1600

  The Acting CHAIR. The question is on the amendments en bloc offered 
by

[[Page H4008]]

the gentleman from Missouri (Mr. Skelton).
  The amendments en bloc were agreed to.


            Amendment No. 80 Offered by Ms. Pingree of Maine

  The Acting CHAIR. (Mr. Blumenauer). It is now in order to consider 
amendment No. 80 printed in House Report 111-498.
  Ms. PINGREE of Maine. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 80 offered by Ms. Pingree of Maine:
       Page 35, strike line 9 and all that follows through page 
     37, line 13, and insert the following:
       (b) Certifications.--Not later than January 15, 2011--
       (1) the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics shall certify in writing to the 
     congressional defense committees that--
       (A) each of the 11 scheduled system development and 
     demonstration aircraft planned in the schedule for delivery 
     during 2010 has been delivered to the designated test 
     location;
       (B) the initial service release has been granted for the 
     F135 engine designated for the short take-off and vertical 
     landing variant;
       (C) facility configuration and industrial tooling 
     capability and capacity is sufficient to support production 
     of at least 42 F-35 aircraft for fiscal year 2011;
       (D) block 1.0 software has been released and is in flight 
     test; and
       (E) the Secretary of Defense has--
       (i) determined that two F-35 aircraft from low-rate initial 
     production 1 have met established criteria for acceptance; 
     and
       (ii) accepted such aircraft for delivery; and
       (2) the Director of Operational Test and Evaluation shall 
     certify in writing to the congressional defense committees 
     that--
       (A) the F-35C aircraft designated as CF-1 has effectively 
     accomplished its first flight;
       (B) the 394 F-35 aircraft test flights planned in the 
     schedule to occur during 2010 have been completed with 
     sufficient results;
       (C) 95 percent of the 3,772 flight test points planned for 
     completion in 2010 were accomplished; and
       (D) the conventional take-off and land variant low 
     observable signature flight test has been conducted and the 
     results of such test have met or exceeded threshold key 
     performance parameters.
       Page 49, strike line 7 and all that follows through page 
     52, line 3, and insert the following (and redesignate section 
     214 as section 213):

     SEC. 212. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE 
                   PROPULSION SYSTEM FOR THE F-35 JOINT STRIKE 
                   FIGHTER PROGRAM.

       (a) Limitation on Use of Funds for an Alternative 
     Propulsion System for the F-35 Joint Strike Fighter 
     Program.--None of the funds authorized to be appropriated or 
     otherwise made available by this Act may be obligated or 
     expended for the development or procurement of an alternate 
     propulsion system for the F-35 Joint Strike Fighter program 
     until the Secretary of Defense submits to the congressional 
     defense committees a certification in writing that the 
     development and procurement of the alternate propulsion 
     system--
       (1) will--
       (A) reduce the total life-cycle costs of the F-35 Joint 
     Strike Fighter program; and
       (B) improve the operational readiness of the fleet of F-35 
     Joint Strike Fighter aircraft; and
       (2) will not--
       (A) disrupt the F-35 Joint Strike Fighter program during 
     the research, development, and procurement phases of the 
     program; and
       (B) result in the procurement of fewer F-35 Joint Strike 
     Fighter aircraft during the life-cycle of the program.
       (d) Offsets.--
       (1) Navy joint strike fighter f136 development.--The amount 
     authorized to be appropriated by section 201(2) for research, 
     development, test, and evaluation for the Navy is hereby 
     decreased by $242,500,000, with the amount of the decrease to 
     be derived from the amounts available for the Joint Strike 
     Fighter (PE #0604800N) for F136 development.
       (2) Air force joint strike fighter f136 development.--The 
     amount authorized to be appropriated by section 201(3) for 
     research, development, test, and evaluation for the Air Force 
     is hereby decreased by $242,500,000, with the amount of the 
     decrease to be derived from the amounts available for the 
     Joint Strike Fighter (PE #0604800F) for F136 development.
       Page 286, strike line 17 and all that follows through page 
     288, line 23, and insert the following:

     SEC. 802. DESIGNATION OF F135 ENGINE DEVELOPMENT AND 
                   PROCUREMENT PROGRAM AS MAJOR SUBPROGRAM.

       (a) Designation as Major Subprograms.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall designate the engine development 
     and procurement program described in subsection (b) 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) Description.--For purposes of subsection (a), the 
     engine development and procurement program is the F135 engine 
     development and procurement program.
       (c) 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 for the subprogram as the original baseline for the 
     subprogram.
       (d) Actions Following Critical Cost Growth.--
       (1) In general.--Subject to paragraph (2), to the extent 
     that the Secretary elects to restructure the F-35 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 the F135 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 
     the 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 the 
     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.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentlewoman 
from Maine (Ms. Pingree) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Maine.
  Ms. PINGREE of Maine. Mr. Chairman, this amendment prohibits any 
further funding for the alternate F-35 engine.
  In 2001, Pratt & Whitney won the award for the primary engine for the 
Joint Strike Fighter through a competitive bidding process. This 
process was set up to save millions in taxpayer dollars. Since then, 
Congress has authorized an astonishing $1.3 billion of unrequested 
funds for the development of this extra unnecessary engine. The Bush 
administration opposed this program. The Obama administration opposes 
this program. And yet if this amendment fails today, we will continue 
to fund a defense program that is a complete waste of money.
  I could not put it any better than the Secretary of Defense put it 
himself: Given the many pressing needs facing our military and the 
fiscal challenges facing our country, we cannot afford a ``business as 
usual'' approach to the defense budget. Tough choices must be made by 
both the Department and Congress to ensure that current and future 
military capabilities can be sustained over time. This means programs 
and initiatives of marginal or no benefit, like the F136 engine, are 
unaffordable luxuries.
  I urge my colleagues to vote ``yes'' and finally end this wasteful, 
unnecessary program.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
Connecticut (Mr. Larson) and thank him for his leadership on this 
incredibly important issue.
  The Acting CHAIR. Without objection, the gentleman from Connecticut 
will control the balance of the time.
  There was no objection.
  Mr. LARSON of Connecticut. I would inquire of the Chair how much time 
we have on each side.
  The Acting CHAIR. The gentleman from Connecticut has 3\1/2\ minutes 
remaining. There will be 5 minutes for an opponent.
  Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. McKEON. Mr. Chairman, I yield myself 15 seconds.
  I strongly believe that a $110 billion noncompetitive sole source 25-
40 year contract should not be permitted.

[[Page H4009]]

Therefore, I strongly support the inclusion of funding to complete the 
development of the F-136 competitive engine for the Joint Strike 
Fighter.
  I reserve the balance of my time.
  Mr. LARSON of Connecticut. At this time I yield 45 seconds to the 
distinguished gentleman from California (Mr. Cardoza).
  Mr. CARDOZA. I thank my friend for yielding.
  I rise today in support of the Pingree amendment to the National 
Defense Authorization Act. I understand and respect the passions 
expressed by my friends on both sides of this issue, but I believe 
today we must stand firmly on the side of fiscal responsibility and 
refuse to fund a redundant engine that our military leaders and our 
Commander in Chief all said is unnecessary and unwarranted.
  When I am back home in my district, I often hear my constituents say 
that we never cut anything, and we never can say no. Today I am saying 
no, and I think this House should as well. I don't think we need two 
engines on this plane.
  I believe that we need to save $3 billion every time we get a chance. 
Today we can make a difference for this deficit. Our country cannot 
afford to waste precious tax dollars funding this program the military 
says they don't need.
  Mr. McKEON. Mr. Chairman, I yield 1 minute to the gentleman from 
Washington (Mr. Smith), the chairman of the Air and Land Forces 
Subcommittee of the committee.
  Mr. SMITH of Washington. Mr. Chairman, the second engine is all about 
fiscal responsibility and saving the taxpayers money. The Pentagon 
themselves funded this program for 10 years, and they funded it because 
they knew that competition mattered.
  One thing has already been said in this debate that simply isn't 
true: The first engine was not competitively bid. It was the engine 
that Lockheed had when they won the bid. There was no competition. They 
didn't win that. That is why the Pentagon originally created the second 
engine program, to make sure that over the 30- to 40-year lifecycle of 
a $100 billion program, they had options.
  A GAO study on the competitive engine program for the F-16 from the 
early 1980s showed savings of almost 20 percent over the lifetime of 
that program. Those of us who for years have supported this second 
engine program, have support it precisely because we want to save the 
taxpayers money.
  The simple argument is competition works, and being penny-wise and 
pound-foolish doesn't. We have already spent $3 billion. To save $2 
billion on the front end, we risk a $100 billion program. Please oppose 
this amendment.
  Mr. McKEON. Mr. Chairman, I yield 1 minute to the gentleman from 
Missouri (Mr. Skelton), the distinguished chairman of the Armed 
Services Committee.
  Mr. SKELTON. Mr. Chairman, I speak in favor of the committee 
position, which is to have an alternate engine for the F-35. If one 
looks at the graph of the F-16 alternate engine program, one will 
clearly notice that from the mid-1980s, the cost of the engines went 
down because of the competition. Competition is important. Single 
source often causes a steep increase in price.
  Last year, this House passed the Weapons System Acquisition Reform 
Act, which requires more competition in Department of Defense programs, 
not less. What this position of the Armed Services Committee does is 
live up to that reform act, requiring more competition. It is as simple 
as that.
  Mr. LARSON of Connecticut. Mr. Chairman, may I inquire as to how much 
time we have remaining.
  The Acting CHAIR (Mr. Serrano). Both sides have 2\3/4\ minutes 
remaining.
  Mr. LARSON of Connecticut. I yield 45 seconds to the distinguished 
gentleman from Georgia (Mr. Westmoreland).
  Mr. WESTMORELAND. Mr. Chairman, let me say that there has been some 
competition in the engine for the F-35, and that competition is when 
the bids were due. That bid was perfectly legal and honest and upfront, 
and the bid was awarded.
  Now we have got somebody that actually has a contract for 14 of the 
28 military aircraft engines, sole source, complaining about 
competition. They lost the competition.
  Mr. Chairman, if they lost the competition in an open and honest bid, 
having the sole source of 14 of the 28 military aircraft engines, what 
can be the argument?
  Mr. McKEON. Mr. Chairman, I yield 30 seconds to the gentleman from 
Texas (Mr. Conaway), a member of committee.
  Mr. CONAWAY. Mr. Chairman, I thank the ranking member for yielding.
  I want to speak in favor of competition. Competition works. Our work 
on the IMPROVE Act shows that. I am against this amendment. There was 
no competition. Under Secretary Ashton Carter, on the record in front 
of the committee, said there was no competition between these two 
engines. Competition works. It drives down the costs, and we need those 
cost savings over the term of a 40-year program.
  I rise in opposition to amendment #80 offered by Representative 
Pingree and others. The Pingree amendment would result in a sole source 
contract to a single engine manufacturer for the Joint Strike Fighter. 
But few can argue with the premise that competition is good for the 
taxpayer.
  In fact, the Department of Defense has training materials for its 
acquisition workforce to teach them the benefits of competition and how 
to cultivate it. For example, here are a few highlights from DoD's 
required training on competition, dated May 5, 2010. These training 
materials capture the benefits of competition: Drives cost savings; 
Improves quality of product/service; Enhances solutions and the 
industrial base; Promotes fairness and openness leading to public 
trust; Prevents waste, fraud, and abuse, because contractors know they 
must perform at a high level or else be replaced; Healthy competition 
is the lifeblood of commerce--it increases the likelihood of 
efficiencies and innovations.
  It also notes what the key drivers of competition are. Principally, 
it's the law! The Competition in Contracting Act of 1984 requires 
competition in contracting. Competition isn't an alternative, it's 
required!
  The emphasis on competition comes from the top. On March 4, 2009 in a 
memorandum for the Heads of Executive Departments and Agencies, 
President Barak Obama stated, ``It is the policy of the Federal 
Government that executive agencies shall not engage in noncompetitive 
contracts except in those circumstances where their use can be fully 
justified and where appropriate safeguards have been put in place to 
protect the taxpayer.'' Yet, we have yet to see such a justification, 
nor have we seen any evidence of additional safeguards being put into 
place.
  In fact, in DoD's training materials, they note what circumstances 
lead to barriers to competition. In this instance, none of these 
circumstances apply:
  Unique/critical mission or technical requirements (We have 2 
contractors capable of meeting technical requirements.)
  Industry move toward consolidation (We still have 2 viable engine 
manufacturers.)
  Urgent requirements in support of war operations (The JSF is not 
being procured to support today's operations.)
  Congressional adds or earmarks (Unless this amendment passes, 
Congress will not have directed funding for the engine to go to a 
particular manufacturer.)
  Proprietary data rights developed at private expense (Does not apply. 
These are new engines.)
  Insufficient technical data packages (Does not apply.)
  Contracting personnel shortages and increased workload (The 
competitive engine was funded by DoD until 2006 and continues to be 
funded by Congress. There is no increase in work load.) Time Restraints 
(The competitive engine is already under development and there is time. 
At best, the F-25 will not reach initial operational capability for 2-4 
years.)
  But the emphasis on competition comes not only from the President. 
This Congress, just one year ago, unanimously passed the Weapon Systems 
Acquisition Reform Act of 2009. The bill states that:
  Major Defense Acquisition Programs shall adopt acquisition strategies 
that ensure competition . . . At prime & subcontract level throughout 
program life-cycle
  When a decision is made to award maintenance & sustainment contract 
for major weapon system, DoD will ensure to maximum extent possible & 
consistent with law that the sustainment contract be competitively 
awarded.
  Likewise, less than one month ago, this Congress passed the IMPROVE 
Acquisition Act of 2010, by a vote of 417-3. This bill also focused on 
the need to expand the industrial base, provide training on 
competition, and to ensure competition is maintained in services 
contracts.
  What's more, since DoD stopped funding the competitive engine in 
2006, Congress has

[[Page H4010]]

provided funding for the competitive engine in 2007, 2008, 2009, and 
2010. Nothing has changed. A vote to oppose the Pingree amendment is a 
vote to support the policy Congress has clearly articulated--
competition is good, it's the law, and it's required for the F-35 
engine.
  It's also interesting to note that of the 33 members who co-sponsored 
this amendment, 24 of them have voted for every single piece of 
legislation I just cited (when they cast a vote). None voted against 
the Weapon System Acquisition Reform Act. In fact, Ms. Pingree, voted 
for each of these bills while she's been in Congress, and was also co-
sponsor of the Weapon System Acquisition Reform Act in the House.
  We cannot send a mixed message. Competition is possible here. We 
should not direct funding to a single source. I urge my colleagues to 
oppose the amendment.
  Mr. LARSON of Connecticut. Mr. Chairman, I yield myself such time as 
I may consume.
  All across America, families are tightening their belts, making do 
with less. They expect the same from Congress. Imagine their utter 
frustration when they hear Congress is pushing forward an unwanted and 
unnecessary $3 billion program. Only in Washington, D.C., could a 
company that lost the competition in the private sector and already 
controls 88 percent of the military engine market come seeking a 
government-directed subsidy and call that competition. I guess 
competition in this town means buying two of everything with the 
taxpayers' money.
  The Marines, the Navy, and the Air Force have all said they don't 
want it. They don't need it. The President has called this program an 
example of unnecessary defense programs that do nothing to keep us 
safe.
  Why are we moving ahead with it? If we can't cut spending here, where 
can we cut it? If we don't make the tough choices to rein in wasteful 
spending now, when will we make them?
  This is about whose side you are on. Are you on the side of excessive 
spending, or are you on the side of saving the taxpayers money and 
supporting our troops?
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I yield 30 seconds to the gentleman from 
Indiana (Mr. Buyer).
  Mr. BUYER. I have heard it all. To say that competition causes 
wasteful use of taxpayers' money is a perfidious argument. Are you 
kidding me?
  I defended Connecticut when it came to Electric Boat. You came to the 
floor and you argued about competition, competition against Newport 
News. I am glad we did, now that we have got welding problems with 
those submarines.
  Now you think sole source and competition is bad? Are you kidding me, 
Mr. Chairman? Do not be dishonest. Let's be honest about the debate, 
all right? Let's defend our industrial base. That is what is extremely 
important. Let's also protect the Transatlantic Alliance.
  Mr. McKEON. Mr. Chairman, I now yield 30 seconds to the gentleman 
from Georgia (Mr. Scott), the vice chair of the Terrorism, 
Nonproliferation and Trade Subcommittee of the Committee on Foreign 
Affairs.
  Mr. SCOTT of Georgia. Mr. Chairman, I want to speak on something that 
we have not touched upon, and that is what we need to touch upon the 
most, and that is what is in the best interests of our national 
security.
  Here we are debating this issue: Do we want to put the future of an 
engine production in the hands of one monopoly company for 30 years and 
put $100 billion in it?
  Ladies and gentlemen, by the year 2035, the F-35 will account for 95 
percent of our entire aircraft fleet for our fighter squadrons. It is 
very important that we have this balanced in the hands of more than one 
manufacturer. We need to vote down this amendment.
  The Acting CHAIR. The gentleman from Connecticut has 30 seconds 
remaining.
  Mr. LARSON of Connecticut. I yield the balance of my time to the 
distinguished gentleman from Florida (Mr. Rooney).
  Mr. ROONEY. Mr. Chairman, I rise in support of the amendment.
  Ladies and gentlemen, we were sent here in a Republic to represent 
you as trustees with issues like this. I am new to Congress, but this 
is a wasteful spending earmark.
  We have 27 planes that use one engine that had a competitive bid, and 
now we are talking about adding a second engine to our F-35 for $2.9 
billion. Why? Because we slipped in an earmark in 1996, and nobody in 
Congress, the Congress with the great approval rating, has ever decided 
to take it out.
  The time to change Washington is now, and this is a perfect example 
of why. Vote yes on the amendment.
  I rise today in strong support of the Pingree/Rooney/Larsen 
amendment. With a $1.6 trillion dollar deficit the ``extra'' engine is 
a luxury we cannot afford.
  I would like to point out a few things very briefly:
  (1) this is a $2.9 billion dollar program the DOD does not want or 
need.
  (2) We can build 53 jets for the cost of the ``extra'' engine
  (3) There are 27 aircraft that operate with a sole source engine.
  (4) Sole sourced engines are the norm.
  (5) The F-16 is the only other aircraft in the history of U.S. 
military aviation with two simultaneous engine manufacturers.
  (5a) There was fair competition for the bid; the incumbent engine won 
but here we are also funding the second place engine too. The 
``everybody gets a trophy philosophy has to end. Everyone doesn't get 
an ``A.'' We can't afford it.
  (6) The Navy, Air Force and Marine Corps service chiefs do not want 
this extra engine.
  (7) There has been support from both Bush and Obama administrations 
to end this wasteful program.
  (8) Independent agencies including the GAO and OMB have found that 
there is no evidence to support the extra engine will produce any 
significant cost savings, despite earlier projections.
  This extra engine is a luxury we simply cannot afford and I urge my 
colleagues to vote Yes on the Amendment.
  The Acting CHAIR. The gentleman from California has 1\1/4\ minutes 
remaining.
  Mr. McKEON. Mr. Chairman, I yield 30 seconds to the gentleman from 
Indiana (Mr. Pence).
  (Mr. PENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PENCE. Mr. Chairman, I rise in opposition to the efforts to 
eliminate the engine competition for the F-35 Joint Strike Fighter. In 
the interest of full disclosure, let me say how proud I am of the more 
than 4,000 Hoosier employees of Rolls Royce who worked to develop this 
engine. But that is not why I am here.
  I am here because I really do believe, as the Heritage Foundation has 
cited, that the essential choice between us today is competition or 
sole-source contracting. Either we can require two companies to engage 
in head-to-head competition each year for the next 30 years, or we can 
give one company a sole-source contract worth $100 billion for the next 
30 years. Which do you think is more in the interests of the taxpayers?
  Oppose this amendment.
  I rise in opposition to efforts to eliminate the engine competition 
for the F-35 Joint Strike Fighter.
  In the interests of full disclosure, let me say first how proud I am 
of the more than 4,000 Hoosier employees of Rolls Royce, which teamed 
with General Electric to develop the F136 engine for the F-35.
  But let's look at the facts regarding this competitive engine 
program, which began 15 years ago and today is 70 percent complete,.
  History tells us that competition serves the taxpayer well and this 
is no less the case when it comes to fighter engines.
  In its study, the non-partisan Government Accountability Office found 
that the F-16 engine competition yielded savings of 21 percent in 
overall lifecycle costs. Using that as a model, we might anticipate a 
20 percent benefit from the JSF engine competition, but it would only 
need to generate 1 percent to 2 percent cost benefit to recoup the 
remaining investment needed to complete the F136 program.
  In addition to the outstanding opportunity for cost savings, 
competition also improves operational readiness and contractor 
responsiveness.
  Building the F-35 using two interchangeable engines from two separate 
manufacturers provides insurance against fleet-wide engine problems 
down the road. As the Heritage Foundation noted recently, without the 
F136, it is estimated that by 2035 nearly 90 percent of our fighters 
will use a single engine, the F135 baseline engine.
  A competing engine program also hedges against the risks posed by 
testing failures, required redesigns, cost growth and delays in the 
primary engine program. And because it is a follow-on program, the F136 
provides growth

[[Page H4011]]

paths for propulsion systems and technological innovation that can 
address problems that arise such as potential aircraft weight growth.
  The essential choice before us is between competition and sole source 
contracting. Either we can require two companies to engage in head-to-
head competition each year for the next 30 years--or give one company a 
sole source contract worth $100 billion for the next 30 years. Which do 
you think is most likely to control costs and deliver the best engine 
to the American taxpayer?
  The answer is clear: competition provides an important cost-control 
mechanism in defense procurement, it encourages innovation, and 
mitigates risk.
  I urge my colleagues to support competition and military flexibility, 
and oppose the Pingree Amendment.

                              {time}  1615

  Mr. McKEON. Mr. Chairman, I yield 30 seconds to the gentleman from 
New Jersey (Mr. Andrews).
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)
  Mr. ANDREWS. Mr. Chairman, Members should ask themselves these 
questions in deciding this issue: When it comes to saving money, would 
you rather have two people competing or one for your business?
  When it comes to protecting the fleet, the ability to fly, would you 
rather rely upon one company or two to keep the fleet flying?
  When it comes to competition, should you presume that competition 
works or presume that it shouldn't?
  To save money, to protect the fleet, to promote competition, we 
should oppose this amendment.
  Mr. McKEON. Mr. Chairman, I yield the balance of my time to the 
gentleman from North Carolina (Mr. McIntyre ), a member of the 
committee.
  (Mr. McINTYRE asked and was given permission to revise and extend his 
remarks.)
  Mr. McINTYRE. Mr. Chairman, this amendment would add $20 billion to 
the deficit by eliminating the savings that GAO says will occur with 
competition. Congress is not required to give a rubber stamp to the 
Department of Defense, which is opposed to other programs like the 
formation of the U.S. Special Operations Command and funding for the V-
22 Osprey.
  If this amendment passes, our national security will be put at grave 
risk as 90 percent of our fighter jet fleets will be dependent on just 
one engine. That's not wise and it's not fair.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Maine (Ms. Pingree).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. PINGREE of Maine. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Maine will 
be postponed.


                 Amendment No. 82 Offered by Mr. Inslee

  The Acting CHAIR. (Mr. Blumenauer). It is now in order to consider 
amendment No. 82 printed in House Report 111-498.
  Mr. INSLEE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 82 offered by Mr. Inslee:
       At the end of title VIII, add the following new section:

     SEC. 839. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN 
                   EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING 
                   AIRCRAFT PROGRAM.

       (a) Requirement To Consider Unfair Competitive Advantage.--
     In awarding a contract for the KC-X aerial refueling aircraft 
     program (or any successor to that program), the Secretary of 
     Defense shall, in evaluating any offers submitted to the 
     Department of Defense in response to a solicitation for 
     offers for such program, consider any unfair competitive 
     advantage that an offeror may possess.
       (b) Report.--Not later than 60 days after submission of 
     offers in response to any such solicitation, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on any unfair competitive advantage that any offeror 
     may possess.
       (c) Requirement to Take Findings Into Account in Award of 
     Contract.--In awarding a contract for the KC-X aerial 
     refueling aircraft program (or any successor to that 
     program), the Secretary of Defense shall take into account 
     the findings of the report submitted under subsection (b).
       (d) Unfair Competitive Advantage.--In this section, the 
     term ``unfair competitive advantage'', with respect to an 
     offer for a contract, means a situation in which the cost of 
     development, production, or manufacturing is not fully borne 
     by the offeror for such contract.
  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from Washington (Mr. Inslee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. INSLEE. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, we, all Americans, believe in a strong national 
defense; and all Americans believe in a fair, level playing field in 
economic competition.
  And in the competition for the procurement contract for the Air Force 
tanker to preserve national defense infrastructure, to preserve 
fairness, we need to amend this bill to ensure that unfair competitive 
advantage, illegal subsidies, in fact, are taken into consideration in 
this bidding process.
  We have prepared an amendment that will do that, that will insist 
that in this bidding process that it be conducted fairly; that when any 
bidder, domestic or foreign, has an unfair competitive advantage, that 
is taken into consideration.
  Now, why do we need to do this?
  Well, there's 50,000 American jobs at stake, and nothing in 
international law compels us to provide a stimulus program for France. 
We are required to do this because we know American aerospace workers 
can compete if they have a level playing field with workers in Europe.
  Our bill is, number one, fair. It applies to both domestic and 
foreign bidders. Number two, it's WTO compliant.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Kansas 
(Mr. Tiahrt).
  Mr. TIAHRT. Mr. Chairman, every day it becomes more and more 
difficult to create and keep jobs here in America. We've got the best 
aerospace workers in the world. But over the last few years, 65,000 
aerospace jobs have left America and migrated to France.
  The European Government has subsidized building jets, and finally the 
World Trade Organization ruled that those start-up subsidies are 
illegal.
  And now our own Pentagon is buying a new air refueling tanker a new 
jet, and they have decided to turn their backs on the American 
aerospace workers by ignoring these illegal start-up subsidies and 
putting another 65,000 jobs at risk.
  This amendment is about fairness to the American aerospace workers. 
It simply says, in spite of all the lobbying efforts that have occurred 
by the French, Mr. Secretary, if you insist on receiving a bid from the 
French, then you have to take into consideration the dollar impact of 
the illegal subsidies. Support this amendment, and it's a matter of 
fairness to the American aerospace workers.
  Mr. Chairman, for the purposes of a colloquy, I yield to the 
gentleman from Washington (Mr. Inslee).
  Mr. Inslee, is it your intention and your understanding that the 
language in the amendment regarding the unfair competitive advantage 
describes illegal subsidies such as illegal launch aid provided by EADS 
and Airbus by the European governments as ruled by the World Trade 
Organization?
  Mr. INSLEE. Yes. And it is our intent, with this amendment, to ensure 
that illegal and unfair competitive advantages, such as the launch aid 
provided to EADS/Airbus by the European governments, are factored into 
the bid price of recipients of those illegal subsidies.
  Mr. TIAHRT. Thank you. That's also my intent and understanding of 
this language.
  Mr. INSLEE. Mr. Chairman, I reserve the balance of my time.
  Mr. BONNER. Mr. Chairman, I rise to claim time in opposition to this 
amendment, although I am not opposed to it.
  The Acting CHAIR. Without objection, the gentleman from Alabama is 
recognized for 5 minutes.
  There was no objection.
  Mr. BONNER. It's interesting listening to both sides of this debate. 
We actually, I think, see this amendment in two different ways, and yet 
we are going to end up being on the same side.
  This amendment, as it has been revised, is far superior to the form 
in which it existed less than 24 hours ago.

[[Page H4012]]

The amendment now applies in an evenhanded way to both competitors in 
the tanker competition and, for that reason, I think we have made the 
amendment better.
  However, allow me to offer a word of caution to my colleagues that 
merits our consideration. As my colleagues know, this ongoing 
procurement process that, in fact, was mandated by Congress, is just 
weeks away, July 9, in fact, from where both companies are going to 
turn in their final bid. And unless we muddy this process up, we are 
only a few months away from selecting a winner and finally moving 
forward to building the replacement for the Air Force's 50-plus-year-
old fleet of tankers.
  The word of caution to my friends is this: Congress needs to be very 
careful that we do not inadvertently build obstacles or additional 
delay into this program. After all, our warfighters have waited long 
enough.
  And we must be extremely careful that we maintain a level playing 
field that is essential for vigorous competition. We all know that 
competition will dramatically increase the odds of a better tanker at a 
better price, and there are only two companies in the world that are 
qualified to build these tankers.
  To that point, on Tuesday of this week, the Department of Defense 
reiterated that ``we would not have welcomed EADS North America's 
participation into this important competition unless they were a 
company in good standing with the Department of Defense.''
  Those of us who support EADS' bid have long argued for a level 
playing field, one in which both sides can compete fairly. Some on one 
side, however, appear to fear that fair competition is not possible 
unless it is a sole-source contract, a blank check signed by the 
American taxpayer.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Alabama (Mr. Bright), my friend and my distinguished colleague who 
serves on this committee of jurisdiction.
  Mr. BRIGHT. Mr. Chairman, I rise today to thank the Armed Services, 
Rules, and Ways and Means Committees for intervening on this amendment 
to make it much less harmful than it was originally written.
  The committees recognize, as do I, that the Fair Defense Competition 
Act, on which this amendment is based, is deeply flawed and would have 
significant international trade implications. Considering the fact that 
the original bill has been deemed unworkable, I hope we can put this 
issue to rest and proceed to get our warfighters the best tanker 
available for the best value to the taxpayer.
  For nearly a decade, the Defense Department has sought to replace its 
aging fleet of aerial refueling tankers. There have been numerous 
problems with that process, and a source selection effort that should 
have ended years ago is only now getting close to final resolution.
  If anything, Congress should avoid doing anything that would 
complicate an already drawn out competition. The Department of Defense 
should be able to award a contract based on the merits and the best 
value, without political or parochial considerations.
  That said, I do not believe this particular amendment will have a 
significant impact on the process. The American warfighter and taxpayer 
deserves the best possible aerial refueling tanker. Let's get out of 
the way and let the Department of Defense make a decision based on the 
facts, not distractions.
  Mr. INSLEE. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, we can give a $35 billion contract for the 
next generation tanker to an American company, Boeing, creating an 
estimated 62,000 to 70,000 U.S. jobs over the life of the contract. Or 
we can give the contract to a European company, Airbus/EADS, thus 
creating tens of thousands of jobs in Europe.
  This should be an easy call, a no-brainer. In fact, the decision is 
even clearer. We now know that Airbus has been provided almost $6 
billion in illegal subsidies from European governments, subsidies which 
have cost us an estimated 65,000 U.S. aerospace jobs.
  The amendment before us directs the Department of Defense to take any 
unfair competitive advantage into account in the Air Force tanker 
competition. The Pentagon should not be rewarding bad behavior. U.S. 
taxpayers should not be asked to pay for an overseas jobs creation 
program for the European aerospace industry.
  I urge my colleagues, support this amendment, stand up for American 
workers and basic fairness in tanker competition.
  Mr. BONNER. Mr. Chairman, I would just like to respond briefly to the 
gentlelady from Connecticut, our friend and distinguished colleague, to 
set the record straight.
  When EADS wins the competition this time, as they did the previous 
time, they intend to create almost 48,000 jobs in the United States, 
many of which, quite honestly, will be in my district in Alabama. But 
they will be in all 50 States. So this is not a competition between 
American jobs and European jobs. This is American jobs throughout the 
country between two great competitors.
  Mr. Chairman, I reserve the balance of my time.
  Mr. INSLEE. I yield 30 seconds to the gentleman from Missouri (Mr. 
Carnahan).
  Mr. CARNAHAN. Mr. Chairman, during this time of record unemployment, 
granting a $35 billion contract to a company that has received over $5 
billion in illegal subsidies, according to the WTO, makes no common 
sense.
  In the end, this is about what is fair for the American taxpayer, 
fair for companies. Tens of thousands of Boeing employees and suppliers 
throughout the U.S. have been affected by these continual subsidies 
provided by European governments that have put American workers at a 
disadvantage.
  I call on every Member of this House to support full and fair 
competition in the tanker program to support American workers.
  Mr. BONNER. In response to my friend from Missouri, and in agreement 
that we need to be assured of fair competition, that's why I do not 
oppose this amendment. I believe this amendment was made better last 
night.
  Mr. Chairman, I reserve the balance of my time.
  Mr. INSLEE. I yield 30 seconds to the gentleman from Washington (Mr. 
Dicks).
  Mr. DICKS. Mr. Chairman, I want my friend from Alabama to recognize 
that nobody would have objected to him getting additional time.
  The biggest point here is that Airbus received $5.7 billion in 
subsidy from the governments of Europe. This gives it an unfair 
advantage in the bidding on this airplane, and that's why we want the 
Secretary of Defense to at least take that into account.
  The WTO has already determined that this was an illegal subsidy that 
harmed the United States of America and has cost us thousands of jobs. 
We must pass this amendment.

                              {time}  1630

  Mr. BONNER. With that, I would like to respond to my distinguished 
chairman and my friend from Washington State with this point. The WTO 
has only had an interim ruling, and everyone knows that. And within 
weeks, the WTO should be able to consider the complaint of the European 
Union against Boeing.
  To that point, $16.6 billion in R&D subsidies have been recorded for 
Boeing versus $3.7 billion for Airbus, $2 billion in export-related tax 
subsidies, $6 billion in local and State government subsidies, and $2 
billion in foreign government subsidies for moving manufacturing jobs 
out of your State, my friend, into Japan and into Italy.
  I yield back the balance of my time.
  Mr. INSLEE. I just want my colleagues to realize there is a clear 
difference between these two bidders. One has been adjudicated as 
having received over $5 billion of illegal subsidies. That is the same 
contractor that will take tens of thousands of jobs to Europe that 
would otherwise be in the United States of America. It is untenable in 
today's world for the Pentagon to not take that into consideration.
  Here is one message to the people who are doing such a great job for 
us in the Department of Defense. We realize the hour of this debate, 
but we will not finish until this is taken into consideration.
  The Acting CHAIR. The time of the gentleman has expired.

[[Page H4013]]

  The question is on the amendment offered by the gentleman from 
Washington (Mr. Inslee).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. INSLEE. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Washington 
will be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 111-498 on 
which further proceedings were postponed, in the following order:
  Amendment No. 1 by Mr. Skelton of Missouri.
  Amendment No. 4 by Mr. Marshall of Georgia.
  Amendment No. 13 by Mr. McGovern of Massachusetts.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 1 Offered by Mr. Skelton

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Missouri 
(Mr. Skelton) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 421, 
noes 0, not voting 16, as follows:

                             [Roll No. 310]

                               AYES--421

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Berkley
     Boren
     Brown-Waite, Ginny
     Davis (AL)
     Davis (KY)
     Deutch
     Graves
     Gutierrez
     Herger
     Lowey
     Melancon
     Nadler (NY)
     Pierluisi
     Ryan (WI)
     Sablan
     Schiff


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1703

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. SCHIFF. Mr. Chair, on rollcall No. 310, had I been present, I 
would have voted ``aye.''


                Amendment No. 4 Offered by Mr. Marshall

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Marshall) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 423, 
noes 0, not voting 14, as follows:

                             [Roll No. 311]

                               AYES--423

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt

[[Page H4014]]


     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--14

     Boren
     Brown-Waite, Ginny
     Cardoza
     Davis (AL)
     Davis (KY)
     Deutch
     Graves
     Herger
     Melancon
     Olver
     Pierluisi
     Ryan (WI)
     Sablan
     Shuster


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1711

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                Amendment No. 13 Offered by Mr. McGovern

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. McGovern) on which further proceedings were 
postponed and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 341, 
noes 85, not voting 11, as follows:

                             [Roll No. 312]

                               AYES--341

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Bordallo
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Buchanan
     Butterfield
     Buyer
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coffman (CO)
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Garamendi
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCaul
     McCollum
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--85

     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Bishop (UT)
     Blackburn
     Boehner
     Boozman
     Brady (TX)
     Broun (GA)
     Burgess
     Burton (IN)
     Calvert
     Campbell
     Carter
     Cassidy
     Chaffetz
     Coble
     Conaway
     Culberson
     Duncan
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Griffith
     Hall (TX)
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Johnson, Sam
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Latta
     Lewis (CA)
     Linder
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McClintock
     McCotter
     Mica
     Miller (FL)
     Miller, Gary

[[Page H4015]]


     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Paul
     Pence
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Rohrabacher
     Rooney
     Royce
     Scalise
     Sessions
     Shadegg
     Shimkus
     Stearns
     Terry
     Thornberry
     Tiahrt
     Westmoreland
     Young (AK)

                             NOT VOTING--11

     Boren
     Brown-Waite, Ginny
     Davis (AL)
     Davis (KY)
     Graves
     Klein (FL)
     Melancon
     Pierluisi
     Ryan (WI)
     Sablan
     Schmidt


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1720

  Messrs. TIAHRT and HOEKSTRA changed their vote from ``aye'' to 
``no.''
  Mr. COFFMAN of Colorado changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


            Amendments En Bloc No. 3 Offered by Mr. Andrews

  Mr. ANDREWS. Mr. Chairman, pursuant to House Resolution 1404, as the 
designee of the chairman of the Committee on Armed Services, I offer 
amendments en bloc No. 3.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc No. 3 offered by Mr. Andrews consisting of 
amendments numbered 29, 34, 40, 46, 48, 52, and 54 printed in House 
Report 111-498:


         Amendment No. 29 Offered by Mr. Pascrell of New Jersey

  The text of the amendment is as follows:

       Page 279, after line 16, insert the following:
       (e) Cognitive Impairment Screenings.--Until the 
     comprehensive policy under subsection (a) is implemented, the 
     Secretary shall use the same cognitive screening tool for 
     pre-deployment and post-deployment screening to compare new 
     data to previous baseline data for the purposes of detecting 
     cognitive impairment (as described in section 1618(e)(6) of 
     the Wounded Warrior Act (title XVI of Public Law 110-181; 10 
     U.S.C. 1071 note)) for each member of the Armed Forces--
       (1) who returns from a deployment in support of a 
     contingency operation; and
       (2) who completed a neurocognitive assessment prior to the 
     implementation of a new pre-deployment and post-deployment 
     screening tool.
       (f) Conclusion of Studies on Cognitive Assessment Tools.--
     Not later than September 30, 2011, the Secretary of Defense 
     shall complete any outstanding comparative studies on the 
     effectiveness of various cognitive screening tools, including 
     existing tools used for pre-deployment and post-deployment 
     screenings, for the implementation of the comprehensive 
     policy under subsection (a).


          Amendment No. 34 Offered by Ms. Harman of California

  The text of the amendment is as follows:

       At the end of subtitle C of title XVI, add the following 
     new section:

     SEC. 1648. EXPEDITED CONSIDERATION AND PRIORITY FOR 
                   APPLICATION FOR CONSIDERATION OF A PERMANENT 
                   CHANGE OF STATION OR UNIT TRANSFER BASED ON 
                   HUMANITARIAN CONDITIONS FOR VICTIM OF SEXUAL 
                   ASSAULT.

       (a) In General.--Chapter 39 of title 10, United States 
     Code, is amended by inserting after section 672 the following 
     new section:

     ``Sec. 673. Consideration of application for permanent change 
       of station or unit transfer for members on active duty who 
       are the victim of a sexual assault

       ``(a) Expedited Consideration and Priority for Approval.--
     To the maximum extent practicable, the Secretary concerned 
     shall provide for the expedited consideration and approval of 
     an application for consideration of a permanent change of 
     station or unit transfer submitted by a member of the armed 
     forces serving on active duty who was a victim of a sexual 
     assault or other offense covered by section 920 of this title 
     (article 120) so as to reduce the possibility of retaliation 
     against the member for reporting the sexual assault.
       ``(b) Regulations.--The Secretaries of the military 
     departments shall issue regulations to carry out this 
     section, within guidelines provided by the Secretary of 
     Defense.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 672 the following new item:

``673. Consideration of application for permanent change of station or 
              unit transfer for members on active duty who are the 
              victim of a sexual assault''.


      Amendment No. 40 Offered by Ms. Ginny Brown-Waite of Florida

  The text of the amendment is as follows:

       At the end of subtitle H of title V, add the following new 
     section:

     SEC. 579. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

       (a) Authority To Award.--The Secretary of the Army may 
     award the Army Combat Action Badge (established by order of 
     the Secretary of the Army through Headquarters, Department of 
     the Army Letter 600-05-1, dated June 3, 2005) to a person 
     who, while a member of the Army, participated in combat 
     during which the person personally engaged, or was personally 
     engaged by, the enemy at any time during the period beginning 
     on December 7, 1941, and ending on September 18, 2001 (the 
     date of the otherwise applicable limitation on retroactivity 
     for the award of such decoration), if the Secretary 
     determines that the person has not been previously recognized 
     in an appropriate manner for such participation.
       (b) Procurement of Badge.--The Secretary of the Army may 
     make arrangements with suppliers of the Army Combat Action 
     Badge so that eligible recipients of the Army Combat Action 
     Badge pursuant to subsection (a) may procure the badge 
     directly from suppliers, thereby eliminating or at least 
     substantially reducing administrative costs for the Army to 
     carry out this section.


             Amendment No. 46 Offered by Mr. Space of Ohio

  The text of the amendment is as follows:

       At the end of subtitle C of title V (page 151, after line 
     12), add the following new section:

     SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF 
                   RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 
                   214).

       Section 596 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is 
     amended--
       (1) by inserting ``(a) Election to Forward Certificate to 
     VA Offices--'' before ``The Secretary of Defense''; and
       (2) by adding at the end the following new subsection:
       ``(b) Secure Method of Electronic Delivery.--
       ``(1) Development and implementation.--The Secretary of 
     Veterans Affairs, in consultation with the Secretary of 
     Defense, shall develop and implement a secure electronic 
     method of forwarding the DD Form 214 to the appropriate 
     office specified in subsection (a)(2). The Secretary of 
     Veterans Affairs shall ensure that the method permits such 
     offices to access the forms electronically using current 
     computer operating systems.
       ``(2) Authority to cease delivery.--In developing the 
     secure electronic method of forwarding DD Forms 214, the 
     Secretary of Veterans Affairs shall ensure that the 
     information provided is not disclosed or used for 
     unauthorized purposes and may cease forwarding the forms 
     electronically to an office specified in subsection (a)(2) if 
     demonstrated problems arise.''.


           Amendment No. 48 Offered by Mr. Walz of Minnesota

  The text of the amendment is as follows:

       Strike subtitle F of title VI and insert the following new 
     subtitle:

           Subtitle F--Alternative Career Track Pilot Program

     SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CAREER TRACK 
                   FOR COMMISSIONED OFFICERS TO FACILITATE AN 
                   INCREASED COMMITMENT TO ACADEMIC AND 
                   PROFESSIONAL EDUCATION AND CAREER-BROADENING 
                   ASSIGNMENTS.

       (a) Program Authorized.--Chapter 39 of title 10, United 
     States Code, is amended by inserting after section 672 the 
     following new section:

     ``Sec. 673. Alternative career track for commissioned 
       officers pilot program

       ``(a) Program Authorized.--(1) Under regulations prescribed 
     pursuant to subsection (g) and approved by the Secretary of 
     Defense, the Secretary of a military department may establish 
     a pilot program for an armed force under the jurisdiction of 
     the Secretary under which an eligible commissioned officer, 
     while on active duty--
       ``(A) participates in a separate career track characterized 
     by expanded career opportunities extending over a longer 
     career;
       ``(B) agrees to an additional active duty service 
     obligation of at least five years to be served concurrently 
     with other active duty service obligations; and
       ``(C) would be required to accept further active duty 
     service obligations, as determined by the Secretary, to be 
     served concurrently with other active duty service 
     obligations, including the active duty service obligation 
     accepted under subparagraph (B), in connection with the 
     officer's entry into education programs, selection for career 
     broadening assignments, acceptance of additional special and 
     incentive pays, or selection for promotion.
       ``(2) The Secretary of the military department concerned 
     may waive an active duty service obligation accepted under 
     subparagraph (B) or (C) of paragraph (1) to facilitate the 
     separation or retirement of a participant in the program.
       ``(3) The program shall be known as the `Alternative Career 
     Track Pilot Program' (in this section referred to as the 
     `program').
       ``(b) Eligible Officers.--Commissioned officers with 
     between 13 and 18 years of service are eligible to volunteer 
     to participate in the program.

[[Page H4016]]

       ``(c) Number of Participants.--No more than 50 officers of 
     each armed force may be selected per year to participate in 
     the program.
       ``(d) Alternative Career Elements of Program.--(1) The 
     Secretaries of the military departments may establish 
     separate basic pay and special and incentive pay and 
     promotion systems unique to the officers participating in the 
     program, without regard to the requirements of this title, 
     title 37, or administrative year group cohort designation..
       ``(2) The Secretaries of the military departments may 
     establish separation and retirement policies for officers 
     participating in the program without regard to grade and 
     years of service requirements established under this title.
       ``(3) Participants serving in a grade below brigadier 
     general or rear admiral (lower half) may serve in the grade 
     without regard to the limits on the number of officers in the 
     grade established under this title.
       ``(e) Treatment of General and Flag Officer Participants.--
     (1) A participant serving in a grade above colonel, or 
     captain in the Navy, but below lieutenant general or vice 
     admiral, shall be--
       ``(A) counted for purposes of general officer and flag 
     officer limits on grade and the total number serving as 
     general officers and flag officers, if the participant is 
     serving in a position requiring the assignment of a military 
     officer; but
       ``(B) excluded from limits on grade and the total number 
     serving as general officers and flag officers, if the 
     participant is serving in a position not typically occupied 
     by a military officer.
       ``(2) A participant serving in the grade of lieutenant 
     general, vice admiral, general, or admiral shall be counted 
     for purposes of general officer and flag officer limits on 
     grade and the total number serving as general officers and 
     flag officers.
       ``(f) Return to Standard Career Path; Effect.--(1) The 
     Secretaries of the military departments retain the authority 
     to involuntarily return an officer to the standard career 
     path.
       ``(2) The Secretary of the military department concerned 
     may return an officer to the standard career path at the 
     request of the officer.
       ``(3) If the program is terminated pursuant to paragraph 
     (4) or (5) of subsection (i), officers participating in the 
     program at the time of the termination shall be returned to 
     the standard career path with appropriate adjustments to 
     their administrative record to ensure they are not penalized 
     for participating in the pilot program.
       ``(4) An officer returned to the standard career path under 
     paragraph (1), (2), or (3) shall retain the grade, date-of-
     rank, and basic pay level earned while a participant in the 
     program but shall revert to the special and incentive pay 
     authorities established in title 37 upon the expiration of 
     the agreement between the Secretary and the officer providing 
     any special and incentive pays under the program. Subsequent 
     increases in the officer's rate of monthly basic pay shall 
     conform to the annual percentage increases in basic pay rates 
     provided in the basic pay table.
       ``(5) Services will adjust the participating officer's 
     cohort year group to the appropriate year to ensure the 
     officer remains competitive for all promotions and command 
     opportunities in their standard career path.
       ``(g) Annual Report.--(1) The Secretaries of the military 
     departments, in cooperation with the Secretary of Defense, 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives an annual report 
     containing the findings and recommendations of the Secretary 
     of Defense and the Secretaries of the military departments 
     concerning the progress of the program for each armed force.
       ``(2) The Secretary of a military department, with the 
     consent of the Secretary of Defense, may include in the 
     report for a year a recommendation that the program be made 
     permanent for an armed force under the jurisdiction of that 
     Secretary.
       ``(h) Regulations.--The Secretary of each military 
     department shall prescribe regulations to carry out the 
     program. The regulations shall be subject to the approval of 
     the Secretary of Defense.
       ``(i) Commencement; Duration.--(1) Before authorizing the 
     commencement of the program for an armed force, the Secretary 
     of the military department concerned, with the consent of the 
     Secretary of Defense, shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     containing the detailed program structure of the alternative 
     career track, associated personnel and compensation policies, 
     implementing instructions and regulations, and a summary of 
     the specific provisions of this title and title 37 to be 
     waived under the program. The authority to conduct the 
     program for that armed force commences 120 days after the 
     date of the submission of the report.
       ``(2) The Secretary of the military department concerned, 
     with the consent of the Secretary of Defense, may authorize 
     revision of the program structure, associated personnel and 
     compensation policies, implementing instructions and 
     regulations, or laws waived, as submitted by the Secretary 
     under paragraph (1). The Secretary of the military department 
     concerned, with the consent of the Secretary of Defense, 
     shall submit the proposed revisions to the Committees on 
     Armed Services of the Senate and House of Representatives. 
     The revisions shall take effect 120 days after the date of 
     their submission.
       ``(3) If the program for an armed force has not commenced 
     before December 31, 2015, as provided in paragraph (1), the 
     authority to commence the program for that armed force 
     terminates.
       ``(4) No officer may be accepted to participate in the 
     program after December 31, 2026.
       ``(5) The Secretary of the military department concerned, 
     with the consent of the Secretary of Defense, may terminate 
     the pilot program for an armed force before the date 
     specified in paragraph (4). Not later than 90 days after 
     terminating the pilot program, the Secretary of the military 
     department concerned, in cooperation with the Secretary of 
     Defense, shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report containing 
     the reasons for the termination.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 672 the following new item:

``673. Alternative career track for commissioned officers pilot 
              program.''.


           Amendment No. 52 Offered by Mr. Carson of Indiana

  The text of the amendment is as follows:

       At the end of subtitle D of title V, add the following new 
     section:

     SEC. 5__. MATTERS COVERED BY PRESEPARATION COUNSELING FOR 
                   MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES.

       Section 1142(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (5), by striking ``job placement 
     counseling for the spouse'' and inserting ``inclusion of the 
     spouse when counseling regarding the matters covered by 
     paragraphs (9), (10), and (16) is provided, job placement 
     counseling for the spouse, and the provision of information 
     on survivor benefits available under the laws administered by 
     the Secretary of Defense or the Secretary of Veterans 
     Affairs'';
       (2) in paragraph (9), by inserting before the period the 
     following: ``, including information on budgeting, saving, 
     credit, loans, and taxes'';
       (3) in paragraph (10), by striking ``and employment'' and 
     inserting ``, employment, and financial'';
       (4) by striking paragraph (16) and inserting the following 
     new paragraph:
       ``(16) Information on home loan services and housing 
     assistance benefits available under the laws administered by 
     the Secretary of Veterans Affairs and counseling on 
     responsible borrowing practices.''; and
       (5) in paragraph (17), by inserting before the period the 
     following: ``, and information regarding the means by which 
     the member can receive additional counseling regarding the 
     member's actual entitlement to such benefits and apply for 
     such benefits''.


            Amendment No. 54 Offered by Mr. Hare of Illinois

  The text of the amendment is as follows:

       Page 219, after line 5, insert the following:

     SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIRLOOM CHEST 
                   AWARDED TO SURVIVING FAMILIES.

       The Secretary of the Army shall submit to the congressional 
     defense committees a report on the heirloom chest policy of 
     the Army, including--
       (1) a detailed explanation of such policy;
       (2) the plans of the Secretary to continue the heirloom 
     chest program; and
       (3) an estimate of the procurement costs to expand the 
     number of such chests to additional family members.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman 
from New Jersey (Mr. Andrews) and the gentleman from California (Mr. 
McKeon) each will control 10 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. ANDREWS. Mr. Chairman, this en bloc amendment represents a 
contribution by Members in both parties: very thoughtful, a lot of 
excellent ideas the committee is pleased to support. So I would urge 
the committee to adopt the amendments en bloc, each of which has been 
examined by both the majority and the minority.
  Mr. Chairman, I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition to 
the amendment, although I am not opposed to the amendment.
  The Acting CHAIR. The gentleman from California is recognized.
  Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. I thank the gentleman from California for yielding.
  I rise in support of the en bloc amendments, but I rise in opposition 
to the Murphy amendment, which will repeal Don't Ask, Don't Tell, which 
is the current law for the U.S. military.
  Our Nation is at war, and after making the continuous sacrifice of 
fighting two wars over the course of 8 years, the men and women of our 
military deserve

[[Page H4017]]

to be heard. This December, the Pentagon's Don't Ask, Don't Tell 
Working Group will return a survey of over 300,000 of our members of 
our military concerning that policy. We should listen to the men and 
women in uniform first before we act in the Congress.
  This decision should not be based on a campaign promise made to a 
particular constituent base, but on thoughtful consideration of 
readiness, morale, and cohesion. We owe that to the men and women who 
serve us in harm's way.
  In the committee, we have heard from all four of our service chiefs 
expressing their concerns on this amendment, and it is unanimous. The 
Chiefs and Secretary Gates and Admiral Mullen recently sent a letter to 
the chairman of the committee, Chairman Skelton, saying that they 
believe in the strongest possible terms that the Department must, prior 
to any legislative action, be allowed the opportunity to conduct a 
thorough, objective, and systematic assessment of the impact of such a 
policy change, develop an attentive comprehensive implementation plan, 
and provide the President and the Congress with the results of this 
effort in order to ensure that this step is taken in the most informed 
and effective manner. That is Admiral Mullen and Secretary Gates.
  Further, Admiral Roughead has sent a letter. It says he shares the 
views of Secretary Gates that the best approach would be to complete 
the Department of Defense review before there is any legislative change 
made.
  Further, General Schwartz has said that as a matter of keeping faith 
with those currently serving in the Armed Forces, that the Secretary of 
Defense commissioned review be completed before any legislative act is 
done to repeal Don't Ask, Don't Tell.
  General Casey has the same type of response. He goes further saying, 
``Repealing the law before the completion of the review will be seen by 
the men and women of the Army as a reversal of our commitment to hear 
their views before moving forward.''
  And, finally, General Conway stated that he believes the current 
policy works, and at this point his best military advice to the House 
committee and to the Secretary and to the President would be to keep 
the law as it stands today.
  In addition, Congress is giving up its powers, surrendering, 
abdicating its constitutional authority to the executive branch in 
order to appease a political agenda.

                              {time}  1730

  This amendment, as drafted, puts a conditional future on an important 
defense policy and law, which would then only be decided by the 
administration.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman 1 additional minute.
  Mr. SHUSTER. I believe Congress should maintain its authority to 
review and debate this policy implication of repealing Don't Ask, Don't 
Tell before a final decision is made. We owe that to the men and women 
of the Armed Forces.
  To my colleagues, I urge them: Don't shoot before we aim. I urge a 
``no'' vote on the Murphy amendment.

                                     The Secretary of Defense,

                                   Washington, DC, April 30, 2010.
     Hon. Ike Skelton,
     Chairman, Committee on Armed Services, Washington, DC.
       Dear Mr. Chairman: I am writing in response to your letter 
     of April 28 requesting my views on the advisability of 
     legislative action to repeal the so-called ``Don't Ask Don't 
     Tell'' statute prior to the completion of the Department of 
     Defense review of this matter.
       I believe in the strongest possible terms that the 
     Department must, prior to any legislative action, be allowed 
     the opportunity to conduct a thorough, objective, and 
     systematic assessment of the impact of such a policy change; 
     develop an attentive comprehensive implementation plan, and 
     provide the President and the Congress with the results of 
     this effort in order to ensure that this step is taken in the 
     most informed and effective manner. A critical element of 
     this effort is the need to systematically engage our forces, 
     their families, and the broader military community throughout 
     this process. Our military must be afforded the opportunity 
     to inform us of their concerns, insights, and suggestions if 
     we are to carry out this change successfully.
       Therefore, I strongly oppose any legislation that seeks to 
     change this policy prior to the completion of this vital 
     assessment process. Further, I hope Congress will not do so, 
     as it would send a very damaging message to our men and women 
     in uniform that in essence their views, concerns, and 
     perspectives do not matter on an issue with such a direct 
     impact and consequence for them and their families.
     Adm. Michael G. Mullen,
       Chairman of the Joint Chiefs of Staff.
     Robert M. Gates,
       Secretary of Defense.
                                  ____



                                    Chief of Naval Operations,

                                                     May 26, 2010.
     Hon. Howard P. ``Buck'' McKeon,
     House of Representatives,
     Washington, DC.
       Dear Mr. McKeon: As a follow-up to our phone call today, 
     the following represents my personal views about the proposed 
     amendment concerning section 654 of title 10, United States 
     Code.
       I testified in February about the importance of the 
     comprehensive review that began in March and is now well 
     underway within the Department of Defense. We need this 
     review to fully assess our force and carefully examine 
     potential impacts of a change in the law. I have spoken with 
     Sailors and fellow flag officers alike about the importance 
     of conducting the review in a thoughtful and deliberate 
     manner. Our Sailors and their families need to clearly 
     understand that their voices will be heard as part of the 
     review process. and I need their input to develop and provide 
     my best military advice.
       I share the view Secretary Gates that the best approach 
     would be to complete the DOD review before there is any 
     legislation to change the law. My concern is that legislative 
     changes at this point, regardless of the precise language 
     used, may cause confusion on the status of the law in the 
     Fleet and disrupt the review process itself by leading 
     Sailors to question whether their input matters. Obtaining 
     the views and opinions of the force and assessing them in 
     light of the issues involved will be complicated by a 
     shifting legislative backdrop and its associated debate.
           Sincerely,
                                                      G. Roughead,
     Admiral, U.S. Navy.
                                  ____

                                      Department of the Air Force,


                                 Office of the Chief of Staff,

                                     Washington, DC, May 26, 2010.
     Hon. Buck P. McKeon,
     House of Representatives,
     Washington, DC.
       Dear Representative McKeon: The President has clearly 
     articulated his intent for the ``Don't Ask, Don't Tell'' (DA/
     DT) law to be repealed, and should this law change, the Air 
     Force will implement statute and policy faithfully. However, 
     as I testified to you and the HASC at the AF Posture hearing 
     on 23 February 2010, my position remains that DOD should 
     conduct a review that carefully investigates and evaluates 
     the facts and circumstances, the potential implications, the 
     possible complications, and potential mitigations to 
     repealing this law.
       Further I believe it is important, a matter of keeping 
     faith with those currently serving in the Armed Forces, that 
     the Secretary of Defense commissioned review be completed 
     before there is any legislation to repeal the DA/DT law. Such 
     action allows me to provide the best military advice to the 
     President, and sends an important signal to our Airmen and 
     their families that their opinion matters. To do otherwise, 
     in my view, would be presumptive and would reflect an intent 
     to act before all relevant factors are assessed, digested and 
     understood.
           Sincerely
                                               Norton A. Schwartz,
     General, USAF Chief of Staff
                                  ____

                                                        U.S. Army,


                                           The Chief of Staff,

                                                     May 26, 2010.
     Hon. John McCain,
     Ranking Member, Committee on Armed Service, U.S. Senate, 
         Washington, DC.
       Dear Senator McCain: My views on the repeal of section 654 
     of Title 10, United States Code, have not changed since my 
     testimony. I continue to support the review and timeline 
     offered by Secretary Gates.
       I remain convinced that it is critically important to get a 
     better understanding of where our Soldiers and Families are 
     on this issue, and what the impacts on readiness and unit 
     cohesion might be, so that I can provide informed military 
     advice to the President and the Congress.
       I also believe that repealing the law before the completion 
     of the review will be seen by the men and women of the Army 
     as a reversal of our commitment to hear their views before 
     moving forward.
           Sincerely,
                                             George W. Casey, Jr.,
     General, United States Army.
                                  ____

                                                     May 26, 2010.
     Hon. Howard P. ``Buck'' McKeon,
     Ranking Member, Committee on Armed Services, House of 
         Representatives, Washington, DC.
       Dear Congressman McKeon: During testimony, I spoke of the 
     confidence I had as a Service Chief in the DoD Working Group 
     that Secretary Gates laid out in the wake of President 
     Obama's guidance on ``Don't Ask--Don't Tell.'' I felt that an 
     organized and systematic approach on such an important issue 
     was precisely the way to develop ``best military advice'' for 
     the Service Chiefs to offer the President.
       Further, the value of surveying the thoughts of Marines and 
     their families is

[[Page H4018]]

     that it signals to my Marines that their opinions matter.
       I encourage the Congress to let the process the Secretary 
     of Defense created to run its course. Collectively, we must 
     make logical and pragmatic decisions about the long-term 
     policies of our Armed Forces--which so effectively defend 
     this great Nation.
           Very Respectfully,

                                              James T. Conway,

                                       General, U.S. Marine Corps,
                                   Commandant of the Marine Corps.

  Mr. ANDREWS. I yield myself 2 minutes before I yield to my friend 
from New Jersey.
  Mr. Chairman, the minority, for understandable reasons, wants to 
continue talking about the Murphy amendment, which is not on the floor.
  Again, to set the record straight, the Murphy amendment has reflected 
the views of the joint Chiefs of Staff and of the Secretary of Defense 
for a very long time. The question has been not ``if'' we are going to 
repeal Don't Ask, Don't Tell but when and how.
  The Murphy amendment says that the policy will not be repealed. It 
will stay in effect until such time as the chairman of the Joint Chiefs 
of Staff and the Secretary of Defense certify that nothing about that 
repeal will in any way undermine the security of the country, the 
efficiency of the Armed Forces or their effectiveness.
  Now, the minority wants to keep talking about this. I think the 
American people, Mr. Chairman, are a lot more interested in some of the 
terrorism threats this country is actually facing.
  By the way, one of the reasons those terrorism threats are more 
difficult is that we don't have enough Arabic speakers in the 
intelligence units of our Armed Forces. At least several dozen, perhaps 
several hundred, Arabic-speaking persons have been expelled from the 
Armed Forces because of their sexual orientation. That doesn't strike 
me as a particularly good way to protect national security.
  Beyond that, though, a good way to protect national security, which 
is in this bill, is to strengthen our special forces. This legislation 
spends $9.8 billion on our Special Operations Command, the highest in 
the history of the country.
  So, when we call upon brave Americans to kick down that door or to do 
a commando raid in any dark corner of the world, which is going to 
prevent a terrorist attack in this country, this bill supports them. 
Both parties support that and both bills fund it. That is the issue 
that is actually before the American people.
  At this time, I yield 2 minutes to someone who has done tremendous 
work on dealing with brain injuries and other traumas associated with 
brain injuries, the gentleman from New Jersey (Mr. Pascrell).
  Mr. PASCRELL. I thank my friend from New Jersey for yielding.
  Mr. Chairman, 7 years into war, we are still not properly screening 
and treating our troops for traumatic brain injury, known as the 
signature injury of those wars. This is unacceptable.
  My amendment today builds on the requirements for the cognitive 
screening outline in the 2008 defense authorization bill, which most of 
us voted for, to identify soldiers for possible brain injury.
  My amendment ensures the same tool is used for pre-and post-
deployment cognitive screenings. It requires the Department of Defense 
to complete comparative studies in order to find the best cognitive 
screening tool for our troops. The fiscal year 2008 defense 
authorization bill required predeployment and postdeployment screenings 
of soldiers' cognitive ability.
  It is right in the law. Congress passed it. The President at that 
time, President Bush, signed it. Two years later, the law has not been 
fulfilled. The Department of Defense has implemented predeployment 
screening using a computerized tool known as ANAM, the Automated 
Neuropsychological Assessment Metrics.
  The Army released a memo in November 2008, which just came to our 
attention 2 months ago. It states, ``Routine postdeployment ANAM 
testing is not authorized.'' We came upon this totally by accident. 
This is not what Congress passed in bipartisan support.
  As a result, less than 1 percent of the 550,000 members of the Armed 
Forces have been given postdeployment cognitive screenings. This is in 
violation of the intent of the 2008 defense authorization.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. ANDREWS. I yield 1 additional minute to the gentleman from New 
Jersey.
  Mr. PASCRELL. Instead of using the same test, the military uses a 
simple questionnaire for postdeployment screenings--a written 
questionnaire.
  These assessments are not comparable. They do not detect changes to a 
soldier's brain. Just like in sports, the key to pre- and postinjury 
assessment is to use the same tool. When you have a baseline, you are 
better able to compare.
  As cochair of the Congressional Brain Injury Task Force, I recognize 
the need to help both our military and civilian populations in 
addressing brain injury. My amendment, which is endorsed by the Iraq 
and Afghanistan Veterans of America, which has bipartisan support, 
ensures our troops are given the proper cognitive screenings today and 
in the future.
  I ask my colleagues to support my amendment.
  Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Indiana (Mr. Pence).
  (Mr. PENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PENCE. Mr. Chairman, I rise in opposition to the Murphy 
amendment.


                         Parliamentary Inquiry

  Mr. ANDREWS. Parliamentary inquiry, Mr. Chairman.
  The Acting CHAIR. The gentleman may state his parliamentary inquiry.
  Mr. ANDREWS. Is the Murphy amendment before the committee at this 
point?
  The Acting CHAIR. The Committee is debating en bloc amendments as 
previously announced.
  Mr. ANDREWS. The gentleman said he was rising in opposition to the 
Murphy amendment. Would those remarks be in order at this time?
  The Acting CHAIR. That is a hypothetical question at this stage of 
the proceedings.
  Mr. ANDREWS. I understand. Thank you.
  Excuse me for interrupting, sir.
  Mr. PENCE. I'm pleased to yield to the gentleman from New Jersey for 
a parliamentary inquiry at any time.
  I rise in opposition to the Murphy amendment.
  Let me say I do so because I believe the American people don't want 
to see the American military used to advance a liberal political 
agenda, especially when the men and women who serve in the military 
haven't had a say in the matter, and they have been promised to have a 
say. We've received correspondence from leading voices in the American 
military who have suggested, were the Congress today to enact this 
legislation, it would break faith with our men and women in uniform.
  Now, let me concede to the point. I was raised by a combat veteran. I 
did not wear the uniform of the United States, but I have strong 
objections to repealing Don't Ask, Don't Tell. I believe that that 
compromise of 17 years ago has been a successful compromise. It has 
preserved unit cohesion. It has preserved morale. It has enabled us to 
go forward with readiness and recruitment without interruption. It, of 
course, itself, was a compromise that represented an historic change 
from the policy of the American military.


 =========================== NOTE =========================== 

  
  May 27, 2010 on Page H4018 the following appeared: the policy of 
the American myth.
  
  The online version should be corrected to read: the policy of 
the American military.


 ========================= END NOTE ========================= 

  Yet what is being advanced here today in repealing Don't Ask, Don't 
Tell would represent a fundamental change in the nature and in the 
culture of our military. It ought to be carefully and thoroughly 
explored among the men and women who are doing the work in uniform, and 
it is being explored today.
  The Department of Defense has commissioned, as we all know here, a 
confidential survey of some 350,000 servicemen and their families--
100,000 active duty, 70,000 duty spouses, 100,000 reserve component 
military, 80,000 reserve component spouses--to determine their input on 
the effects and concerns if Don't Ask, Don't Tell is repealed. Yet here 
we are in Congress, even though this survey will not be completed until 
August and the report, itself, will not be delivered to Congress until 
December, and we are hurrying along what is, for all intents and 
purposes, the legislation that will enable the full repeal of Don't 
Ask, Don't Tell.
  I urge my colleagues in Congress to take a breath, to stop, 
particularly

[[Page H4019]]

here, as we stand just a few days before that day in which we, all of 
us, Republicans and Democrats, will set aside all politics, and we will 
remember those who did not come home.
  Why can't we today also show respect for the men and women who wear 
the uniform today and listen to what they have to say?
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman 1 additional minute.
  Mr. PENCE. I urge my colleagues to oppose the Murphy amendment.
  Let me say again: The American people don't want the American 
military used as a vehicle to advance a liberal political agenda, 
especially when the men and women who serve in our military haven't had 
a say in the matter. That is what this Congress is poised to do today. 
Make no mistake about it.
  I urge my colleagues, regardless of what one thinks about social 
issues and social values, to respect our military. Let's respect men 
and women in uniform. Let's hear them out before we introduce such an 
enormous change in the culture and in the practice of the American 
military, one that would be represented by the repeal of Don't Ask, 
Don't Tell.
  Mr. ANDREWS. Mr. Chairman, before I yield to my friend, I yield 
myself 90 seconds.
  The gentleman from Indiana's point about the servicemembers being 
listened to is absolutely right, which is why Mr. Murphy's amendment 
says--I will comment since he did--if after hearing the comments of the 
servicemembers the Secretary of Defense and the chairman of the Joint 
Chiefs of Staff believe that there would be an impairment of their 
ability to defend the country, they would not certify to the change in 
the policy.
  There is an echo in this debate, which is a quote from prior debate: 
The President's move would seriously impair the morale of the Army at a 
time when our Armed Forces should be at their strongest and most 
efficient. Such an action is most unfortunate, the Senator declared.
  The quote is taken from Senator Lister Hill in 1948. The issue was 
the racial integration of the Armed Forces in 1948. I think this is the 
same issue.
  Mr. PENCE. Would the gentleman yield?
  Mr. ANDREWS. Yes, I would yield.
  Mr. PENCE. I thank the gentleman for the courtesy.
  Mr. Chairman, I would simply pose a question to the gentleman: Did 
not the author of this amendment say that it is not whether we will 
repeal Don't Ask, Don't Tell but how and when, from recent press 
reports?
  Mr. ANDREWS. Reclaiming my time, I don't know precisely what the 
author said--he will speak--but I do know that Secretary Gates and 
Admiral Mullen have said that. Admiral Mullen has said he feels repeal 
is the right policy. The issue is when and how, which is what Mr. 
Murphy's amendment addresses.
  I would at this time be happy to yield 2 minutes to my friend who is 
focused on the issue of departing servicemembers, when they separate 
from service, and their knowing their rights and opportunities, the 
gentleman from Indiana (Mr. Carson).
  Mr. CARSON of Indiana. Mr. Chairman, thousands of active duty 
servicemembers are returning home from Afghanistan and Iraq every year, 
many of these individuals serving continuously, having enlisted right 
out of high school or college.
  For years, they have lived a structured military life on bases and 
abroad. This structure makes for a well-disciplined and a well-trained 
military force, but it can also make for a difficult transition back to 
civilian life. Many returning servicemembers have no experience with 
saving or budgeting or with credit, taxes, and/or mortgages. As a 
result, many military families are falling into unmanageable debt, 
bankruptcy, and foreclosure.
  My amendment, which is part of this en bloc amendment, seeks to 
alleviate these concerns. It simply expands the military's existing 
preseparation counseling program to include a personal finances 
component. When this takes effect, military families will reenter 
civilian life with the information they need to build a stable, long-
term financial future.
  I encourage all of my colleagues to support our military families by 
supporting this amendment.
  Secondly, Mr. Chairman, throughout both of our Democratic and 
Republican administrations, the White House has maintained a policy 
against providing letters of condolences to the families of suicide 
victims. This is a major issue for my constituency, which I have been 
working on for months.
  I have had a number communications with the White House and with the 
Department of Defense expressing these concerns. Fortunately, the 
President was kind enough to send a personal letter of condolence to a 
local family who was affected by suicide.
  I would like to wholeheartedly thank President Obama for this 
meaningful gesture, and I encourage him to continue on this path and to 
finally overturn this misguided White House policy.
  Our men and women in uniform sacrifice for our country both 
physically and mentally, but despite the occasional exception, the 
current policy ignores the sacrifice these men and women make, and it 
disregards the suffering of their families.



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