Congressional Record, Volume 156 Issue 168 (Friday, December 17, 2010)

[Congressional Record Volume 156, Number 168 (Friday, December 17, 2010)]
[House]
[Pages H8629-H8759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

IKE SKELTON NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Mr. SKELTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6523) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6523

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

SECTION 1. SHORT TITLE.

(a) Short Title.--This Act may be cited as the ``Ike
Skelton National Defense Authorization Act for Fiscal Year
2011''.
(b) References.--Any reference in this or any other Act to
the ``National Defense Authorization Act for Fiscal Year
2011'' shall be deemed to refer to the ``Ike Skelton National
Defense Authorization Act for Fiscal Year 2011''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

Subtitle B--Navy Programs

Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.

Subtitle C--Joint and Multiservice Matters

Sec. 121. Limitations on biometric systems funds.
Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements
funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
Sec. 215. Demonstration and pilot projects on cybersecurity.

Subtitle C--Missile Defense Programs

Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.

Subtitle D--Reports

Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.

Subtitle E--Other Matters

Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features
during research and development of defense systems.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Energy and Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.

[[Page H8630]]

Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station,
Brunswick, Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.

Subtitle C--Workplace and Depot Issues

Sec. 321. Technical amendments to requirement for service contract
inventory.
Sec. 322. Repeal of conditions on expansion of functions performed
under prime vendor contracts for depot-level maintenance
and repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense
civilian employees.

Subtitle D--Reports

Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air
Force.
Sec. 335. Requirement to update study on strategic seaports.

Subtitle E--Limitations and Extensions of Authority

Sec. 341. Permanent authority to accept and use landing fees charged
for use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of
military requirements.

Subtitle F--Other Matters

Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of
civilian passengers and commercial cargoes by Department
of Defense when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of
certain Department of Defense functions by civilian
employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
Sec. 506. Temporary authority to reduce minimum length of active
service as a commissioned officer required for voluntary
retirement as an officer.

Subtitle B--Reserve Component Management

Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit
program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers
from active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.

Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint
qualified officers and officers with Joint Staff
experience.

Subtitle D--General Service Authorities

Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-
density assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for
medical reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.

Subtitle E--Military Justice and Legal Matters

Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.

Subtitle F--Member Education and Training Opportunities and
Administration

Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active
duty health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions
Scholarship and Financial Assistance program.

Subtitle G--Defense Dependents' Education

Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense
domestic dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.

Subtitle H--Decorations and Awards

Sec. 571. Clarification of persons eligible for award of bronze star
medal.
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World
War II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the
Vietnam War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.

[[Page H8631]]

Subtitle I--Military Family Readiness Matters

Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.

Subtitle J--Other Matters

Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their
families to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another
program.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.

Subtitle C--Travel and Transportation Allowances

Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.

Subtitle D--Disability, Retired Pay and Survivor Benefits

Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for
disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on
reducing eligibility age for receipt of non-regular
service retired pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.

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

Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.

Subtitle F--Other Matters

Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.

Subtitle B--Health Care Administration

Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to
military health-care professionals who are members of the
National Guard performing certain duty while in State
status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.

Subtitle C--Other Matters

Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and
after deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.

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

Subtitle A--Acquisition Policy and Management

Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition
and deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Cost estimates for program baselines and contract
negotiations for major defense acquisition and major
automated information system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.

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

Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of
the Department of Defense to carry out certain prototype
projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge
Program; pilot expansion of Program.

[[Page H8632]]

Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.

Subtitle D--Contractor Matters

Sec. 831. Oversight and accountability of contractors performing
private security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce
or deny award fees to companies found to jeopardize the
health or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.

Subtitle E--Other Matters

Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
Sec. 842. Department of Defense policy on acquisition and performance
of sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are
not under foreign ownership control or influence
mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.

Subtitle F--Improve Acquisition Act

Sec. 860. Short title.

Part I--Defense Acquisition System

Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the
Defense Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.

Part II--Defense Acquisition Workforce

Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration
project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.

Part III--Financial Management

Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.

Part IV--Industrial Base

Sec. 891. Expansion of the industrial base.
Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial
base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.

Subtitle B--Space Activities

Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational
Environmental Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection
sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.

Subtitle C--Intelligence-Related Matters

Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for
intelligence collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.

Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber
events.

Subtitle E--Other Matters

Sec. 941. Two-year extension of authorities relating to temporary
waiver of reimbursement of costs of activities for
nongovernmental personnel at Department of Defense
Regional Centers for Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.

Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.

Subtitle D--Counterterrorism

[[Page H8633]]

Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1035. Comprehensive review of force protection policies.

Subtitle E--Homeland Defense and Civil Support

Sec. 1041. Limitation on deactivation of existing Consequence
Management Response Forces.

Subtitle F--Studies and Reports

Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of
the national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.

Subtitle G--Miscellaneous Authorities and Limitations

Sec. 1061. Public availability of Department of Defense reports
required by law.
Sec. 1062. Prohibition on infringing on the individual right to
lawfully acquire, possess, own, carry, and otherwise use
privately owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.

Subtitle H--Other Matters

Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
Sec. 1103. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense
appointment and compensation authority for personnel for
care and treatment of wounded and injured members of the
Armed Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the
nuclear aircraft carrier forward deployed in Japan.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and
cross-servicing agreements to lend certain military
equipment to certain foreign forces for personnel
protection and survivability.
Sec. 1204. Authority to pay personnel expenses in connection with
African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of
Interior Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet Pilot Training
program.
Sec. 1207. Modification and extension of authorities relating to
program to build the capacity of foreign military forces.

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

Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency
Response Program.
Sec. 1213. Extension of authority for reimbursement of certain
coalition nations for support provided to United States
military operations.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces
supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.

Subtitle C--Reports and Other Matters

Sec. 1231. One-year extension of report on progress toward security and
stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the
Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition
operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export
control system.
Sec. 1238. Report on United States efforts to defend against threats
posed by the anti-access and area-denial capabilities of
certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense
strategy to counter violent extremism outside the United
States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between
the United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required
briefings.

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet
Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and
threat reduction activities with the People's Republic of
China.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.

Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.

[[Page H8634]]

Subtitle D--Other Matters

Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.

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

Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

Subtitle C--Limitations and Other Matters

Sec. 1531. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces
Fund.
Sec. 1533. Continuation of prohibition on use of United States funds
for certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in
Afghanistan and economic transition plan and economic
strategy for Afghanistan.

TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES

Sec. 1601. Definition of Department of Defense sexual assault
prevention and response program and other definitions.
Sec. 1602. Comprehensive Department of Defense policy on sexual assault
prevention and response program.

Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements

Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.

Subtitle B--Improved and Expanded Availability of Services

Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.

Subtitle C--Reporting Requirements

Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault
prevention and response program.
Sec. 1632. Additional reports.

TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

Sec. 1701. Short title.
Sec. 1702. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 1703. Payments for Guam World War II claims.
Sec. 1704. Adjudication.
Sec. 1705. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 1706. Authorization of appropriations.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Funding tables.

TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in
conjunction with funds provided by the Commonwealth of
Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.

TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008
project.

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2010 projects.

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for
construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military
construction and real property reports when submitted in
electronic media.
Sec. 2804. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command area of responsibility.

[[Page H8635]]

Sec. 2805. Sense of Congress and report regarding employment of
veterans to work on military construction projects.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special
operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.

Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Extension of term of Deputy Secretary of Defense's
leadership of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam
realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.

Subtitle D--Energy Security

Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.

Subtitle E--Land Conveyances

Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier,
Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.

Subtitle F--Other Matters

Sec. 2851. Limitation on availability of funds pending report regarding
construction of a new outlying landing field in North
Carolina and Virginia.
Sec. 2852. Requirements related to providing world class military
medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and
modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska
Railroad corridor across Federal land in Alaska.
Sec. 2856. Sense of Congress on improving military housing for members
of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing
on military installations.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.

TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES

Sec. 3001. Military construction.
Sec. 3002. Overseas contingency operations.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the
nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget
requests with respect to the modernization and
refurbishment of the nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of
Energy projects.
Sec. 3115. Establishment of cooperative research and development
centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for
appointment of certain scientific, engineering, and
technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into
transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International
Materials Protection, Control, and Accounting Program of
the Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico, and held in
trust for the Pueblo of San Ildefonso.
Sec. 3121. Repeal of sunset provision for modification of minor
construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative
research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet
Union.
Sec. 3124. Department of Energy energy parks program.

Subtitle C--Reports

Sec. 3131. Report on graded security protection policy.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security
aspects of the merchant marine for fiscal year 2011.
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Research authority.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

Subtitle B--Navy Programs

Subtitle C--Joint and Multiservice Matters

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement for the Army as follows:
(1) For aircraft, $5,908,384,000.
(2) For missiles, $1,670,463,000.
(3) For weapons and tracked combat vehicles,
$1,656,263,000.
(4) For ammunition, $1,953,194,000.
(5) For other procurement, $9,758,965,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2011 for procurement for the Navy as follows:
(1) For aircraft, $18,877,139,000.
(2) For weapons, including missiles and torpedoes,
$3,358,264,000.
(3) For shipbuilding and conversion, $15,724,520,000.
(4) For other procurement, $6,381,815,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2011 for procurement for the
Marine Corps in the amount of $1,296,838,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2011 for
procurement

[[Page H8636]]

of ammunition for the Navy and the Marine Corps in the amount
of $817,991,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement for the Air Force as follows:
(1) For aircraft, $14,668,408,000.
(2) For ammunition, $672,420,000.
(3) For missiles, $5,444,464,000.
(4) For other procurement, $17,845,342,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for Defense-wide procurement in the amount of
$4,398,168,000.

Subtitle B--Navy Programs

SEC. 111. MULTIYEAR FUNDING FOR DETAIL DESIGN AND
CONSTRUCTION OF LHA REPLACEMENT SHIP DESIGNATED
LHA-7.

(a) Authority to Use Multiple Years of Funding.--The
Secretary of the Navy may enter into a contract for detail
design and construction of the LHA Replacement ship
designated LHA-7 that provides that, subject to subsection
(b), funds for payments under the contract may be provided
from amounts authorized to be appropriated for the Department
of Defense for Shipbuilding and Conversion, Navy, for fiscal
years 2011 and 2012.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2011 is subject
to the availability of appropriations for that purpose for
such later fiscal year.

SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
CAPABILITIES.

(a) Findings.--Congress finds the following:
(1) The Navy terminated the EP-X program to acquire a new
land-based airborne signals intelligence capability because
of escalating costs and funds budgeted for the program were
re-allocated to other priorities.
(2) The Navy took this action without planning and
budgeting for alternative means to meet operational
requirements for tactical-level and theater-level signals
intelligence capabilities to support the combatant commands
and national intelligence consumers.
(3) The principal Navy airborne signals intelligence
capability today is the EP-3E Airborne Reconnaissance
Integrated Electronic System II (ARIES II)--the aircraft and
associated electronic equipment of this system are aging and
will require replacement or substantial ongoing upgrades to
continue to meet requirements.
(4) The Special Projects Aircraft (SPA) platform of the
Navy is the second critical element in the airborne signals
intelligence capability of the Navy and provides the Navy its
most advanced, comprehensive multi-intelligence and quick-
reaction capability available.
(b) Requirement To Maintain Capabilities.--
(1) Prohibition on retirement of platforms.--The Secretary
of the Navy may not retire (or to prepare to retire) the EP-
3E Airborne Reconnaissance Integrated Electronic System II or
Special Projects Aircraft platform.
(2) Maintenance of platforms.--The Secretary of the Navy
shall continue to maintain, sustain, and upgrade the EP-3E
Airborne Reconnaissance Integrated Electronic System II and
Special Projects Aircraft platforms in order to provide
capabilities necessary to operate effectively against rapidly
evolving threats and to meet combatant commander operational
intelligence, surveillance, and reconnaissance requirements.
(3) Certification.--Not later than February 1, 2011, and
annually thereafter, the Under Secretary of Defense for
Intelligence and the Vice Chairman of the Joint Chiefs of
Staff shall jointly certify to Congress the following:
(A) The Secretary of the Navy is maintaining and sustaining
the EP-3E Airborne Reconnaissance Integrated Electronic
System II and Special Projects Aircraft platform in a manner
that meets the intelligence, surveillance, and reconnaissance
requirements of the commanders of the combatant commands.
(B) Any plan for the retirement or replacement of the EP-3E
Airborne Reconnaissance Integrated Electronic System II or
Special Projects Aircraft platform will provide, in the
aggregate, an equivalent or superior capability and capacity
to the platform concerned.
(4) Termination.--The requirements of this subsection with
respect to the EP-3E Airborne Reconnaissance Integrated
Electronic System II or the Special Projects Aircraft
platform shall expire on the commencement of the fielding by
the Navy of a platform or mix of platforms and sensors that
are, in the aggregate, equivalent or superior to the EP-3E
Airborne Reconnaissance Integrated Electronic System II
(spiral 3) or the Special Projects Aircraft (P909) platform.
(c) Restriction on Transfer of Saber Focus Program ISR
Capabilities.--
(1) Restriction.--The Secretary of the Navy may not
transfer the Saber Focus unmanned aerial system, associated
equipment, or processing, exploitation, and dissemination
capabilities of the Saber Focus program to the Secretary of
the Air Force until 30 days after the Secretary of the Air
Force certifies to the congressional defense committees that
after such a transfer, the Secretary of the Air Force will
provide intelligence, surveillance, and reconnaissance
(hereinafter in this section referred to as ``ISR'')
capabilities at the same or greater capability and capacity
level as the capability or capacity level at which the Saber
Focus program provides such capabilities to the area of
operations concerned as of the date of the enactment of this
Act.
(2) Continued navy provision of capabilities.--The
Secretary of the Navy shall continue to provide Saber Focus
ISR program capabilities at the same or greater capability
and capacity level as the capability or capacity level at
which the Saber Focus program provides such capabilities as
of the date of the enactment of this Act to the area of
operations concerned until--
(A) the certification referred to in paragraph (1) is
provided to the congressional defense committees; or
(B) 30 days after the Secretary of Defense certifies to the
congressional defense committees that the ISR capabilities of
the Saber Focus program are no longer required to mitigate
the ISR requirements of the combatant commander in the area
of operations concerned.

SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE
DEFENSE.

(a) Report.--Not later than March 31, 2011, the Secretary
of Defense, in coordination with the Secretary of the Navy
and the Chief of Naval Operations, shall submit to the
congressional defense committees a report on the force
structure requirements of the major combatant surface vessels
with respect to ballistic missile defense.
(b) Matters Included.--The report shall include the
following:
(1) An analysis of whether the requirement for sea-based
missile defense can be accommodated by upgrading Aegis ships
that exist as of the date of the report or by procuring
additional combatant surface vessels.
(2) A discussion of whether such sea-based missile defense
will require increasing the overall number of combatant
surface vessels beyond the requirement of 88 cruisers and
destroyers in the 313-ship fleet plan of the Navy.
(3) A discussion of the process for determining the number
of Aegis ships needed by each commander of the combatant
commands to fulfill ballistic missile defense requirements,
including (in consultation with the Chairman of the Joints
Chiefs of Staff) the number of such ships needed to support
the phased, adaptive approach to ballistic missile defense in
Europe.
(4) A discussion of the impact of Aegis Ashore missile
defense deployments, as well as deployment of other elements
of the ballistic missile defense system, on Aegis ballistic
missile defense ship force structure requirements.
(5) A discussion of the potential effect of ballistic
missile defense operations on the ability of the Navy to meet
surface fleet demands in each geographic area and for each
mission set.
(6) An evaluation of how the Aegis ballistic missile
defense program can succeed as part of a balanced fleet of
adequate size and strength to meet the security needs of the
United States.
(7) A description of both the shortfalls and the benefits
of expected technological advancements in the sea-based
missile defense program.
(8) A description of the anticipated plan for deployment of
Aegis ballistic missile defense ships within the context of
the fleet response plan.

SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A-18
AIRCRAFT BY THE DEPARTMENT OF THE NAVY.

(a) Cost-benefit Analysis of Service Life Extension of F/A-
18 Aircraft.--Before the Secretary of the Navy may enter into
a program to extend the service life of F/A-18 aircraft
beyond 8,600 hours, the Secretary shall--
(1) conduct a cost-benefit analysis, in accordance with
Office of Management and Budget Circular A-94, comparing
extending the service life of existing F/A-18 aircraft with
procuring additional F/A-18E or F/A-18F aircraft as a means
of managing the shortfall of the Department of the Navy in
strike fighter aircraft; and
(2) submit to the congressional defense committees a report
on such cost-benefit analysis.
(b) Elements of Cost-benefit Analysis.--The cost-benefit
analysis required by subsection (a)(1) shall include the
following:
(1) An estimate of the full costs, over the period covered
by the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, with the
budget of the President, of extending legacy F/A-18 aircraft
beyond 8,600 hours, including--
(A) any increases in operation and maintenance costs
associated with operating such aircraft beyond a service life
of 8,600 hours; and
(B) the costs with respect to the airframe, avionics,
software, and aircraft subsystems and components required to
remain relevant in countering future threats and meeting the
warfighting requirements of the commanders of the combatant
commands.
(2) An estimate of the full costs, over the period covered
by such future-years defense program, of procuring such
additional F/A-18E or F/A-18F aircraft as would be required
to meet the strike fighter requirements of the Department of
the Navy in the event the service life of legacy F/A-18
aircraft is not extended beyond 8,600 hours.

[[Page H8637]]

(3) An assessment of risks associated with extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours,
including the level of certainty that the Secretary will be
able to achieve such an extension.
(4) An estimate of the cost-per-flight hour incurred in
operating legacy F/A-18 aircraft with a service life extended
beyond 8,600 hours.
(5) An estimate of the cost-per-flight hour incurred for
operating new F/A-18E or FA-18F aircraft.
(6) An assessment of any alternatives to extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours or
buying additional F/A-18E or F/A-18F aircraft that may be
available to the Secretary to manage the shortfall of the
Department of the Navy in strike fighter aircraft.
(c) Additional Elements of Report.--In addition to the
information required in the cost-benefit analysis under
subsection (b), the report under subsection (a)(2) shall
include an assessment of the following:
(1) Differences in capabilities of--
(A) legacy F/A-18 aircraft that have undergone service-life
extension;
(B) F/A-18E or F/A-18F aircraft; and
(C) F-35C aircraft.
(2) Differences in capabilities that would result under the
legacy F/A-18 aircraft service-life extension program if such
program would--
(A) provide only airframe-life extensions to the legacy F/
A-18 aircraft fleet; and
(B) provide for airframe-life extensions and capability
upgrades to the legacy F/A-18 aircraft fleet.
(3) Any disruption that procuring additional F/A-18E or F/
A-18F aircraft, rather than extending the service life of
legacy F/A-18 aircraft beyond 8,600 hours, would have on the
plan of the Navy to procure operational carrier-variant Joint
Strike Fighter aircraft.
(4) Any changes that procuring additional F/A-18E or FA-18F
aircraft, rather than extending the service life of legacy F/
A-18 aircraft beyond 8600 hours, would have on the force
structure or force mix intended by the Navy for its carrier
air wings.
(5) Any other operational implication of extending (or not
extending) the service life of legacy F/A-18 aircraft that
the Secretary considers appropriate.
(d) Report on Operational F/A-18 Aircraft Squadrons.--
Before reducing the number of F/A-18 aircraft in an
operational squadron of the Navy or Marine Corps, the
Secretary shall submit to the congressional defense
committees a report that discusses the operational risks and
impacts of reducing the squadron size. The report shall
include an assessment of the following:
(1) The effect of the reduction on the operational
capability and readiness of the Navy and the Marine Corps to
conduct overseas contingency operations.
(2) The effect of the reduction on the capability of the
Navy and the Marine Corps to meet ongoing operational
demands.
(3) Any mechanisms the Secretary intends to use to mitigate
any risks associated with the squadron size reduction.
(4) The effect of the reduction on pilots and ground
support crews of F/A-18 aircraft, in terms of training,
readiness, and war fighting capabilities.
(e) Report On F/A-18 Aircraft Training Squadrons.--Before
reducing the size of an F/A-18 aircraft training squadron, or
transferring an F/A-18 training aircraft for operational
needs, the Secretary shall submit to the congressional
defense committees a report that describes--
(1) any risks to sustaining required training of F/A-18
aircraft pilots with a reduced training aircraft base; and
(2) any actions the Navy is taking to mitigate the risks
described under paragraph (1).

Subtitle C--Joint and Multiservice Matters

SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.

Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2011 for biometrics
programs and operations, not more than 85 percent may be
obligated or expended until--
(1) the Secretary of Defense submits to the congressional
defense committees a report on the actions taken and planned
to be taken--
(A) to implement subparagraphs (A) through (F) of paragraph
(16) of the National Security Presidential Directive dated
June 5, 2008 (NSPD-59);
(B) to implement the recommendations of the Comptroller
General of the United States included in the report of the
Comptroller General numbered GAO-08-1065 dated September
2008;
(C) to implement the recommendations of the Comptroller
General included in the report of the Comptroller General
numbered GAO-09-49 dated October 2008;
(D) to fully and completely characterize the current
biometrics architecture and establish the objective
architecture for the Department of Defense;
(E) to ensure that an official of the Office of the
Secretary of Defense has the authority necessary to be
responsible for ensuring that all funding for biometrics
programs and operations is programmed, budgeted, and
executed; and
(F) to ensure that an officer within the Office of the
Joint Chiefs of Staff has the authority necessary to be
responsible for ensuring the development and implementation
of common and interoperable standards for the collection,
storage, and use of biometrics data by all commanders of the
combatant commands and their commands; and
(2) a period of 30 days has elapsed after the date on which
the report is submitted under paragraph (1).

SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F-35
JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

(a) System Management Plan.--
(1) Plan required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall establish a management plan
for the F-35 Joint Strike Fighter aircraft program under
which decisions to commit to specified levels of production
are linked to progress in meeting specified program
milestones, including design, manufacturing, testing, and
fielding milestones for critical system maturity elements.
(2) Nature of plan.--The plan under paragraph (1) shall
align technical progress milestones with acquisition
milestones in a system maturity matrix. The matrix shall
provide criteria and conditions for comparing expected levels
of demonstrated system maturity with annual production
commitments, starting with the fiscal year 2012 production
program, and continuing over the remaining life of the system
development and demonstration program. The matrix and
criteria shall include elements such as the following:
(A) Manufacturing maturity, including on-time deliveries,
manufacturing process control, quality rates, and labor
efficiency rates.
(B) Engineering maturity, including metrics for the number
of new design actions and number of design changes in a given
period.
(C) Performance and testing progress, including test
points, hours and flights accomplished, capabilities
demonstrated, key performance parameters, and attributes
demonstrated.
(D) Mission effectiveness and system reliability, including
operational effectiveness and reliability growth.
(E) Training, fielding, and deployment status.
(b) Reports to Congress.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees a report setting forth
the plan required by subsection (a). The report shall
include--
(A) the proposed system maturity matrix described in
subsection (a)(2), including a description, for each element
specified in the matrix under subsection (a)(2), of the
criteria and milestones to be used in evaluating actual
program performance against planned performance for each
annual production commitment; and
(B) a description of the actions to be taken to implement
the plan.
(2) Updates.--The Secretary shall submit to Congress, at or
about the same time as the submittal to Congress of the
budget of the President for any fiscal year after fiscal year
2012 (as submitted pursuant to section 1105(a) of title 31,
United States Code), any modification to the plan required by
subsection (a) that was made during the preceding calendar
year, including a rationale for each such modification.
(c) Report on Capabilities of Marine Corps Variant of F-35
Fighter Aircraft at Initial Operating Capability.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the expected
capabilities of the F-35B Joint Strike Fighter aircraft at
the time when the Marine Corps plans to declare Initial
Operating Capability for the F-35B Joint Strike Fighter
aircraft. The report shall be prepared in consultation with
the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
(2) Elements.--The report under paragraph (1) shall
including a description of the following with respect to the
F-35B Joint Strike Fighter aircraft:
(A) Performance of the aircraft and its subsystems,
compared to key performance parameters.
(B) Expected capability to perform Marine Corps missions.
(C) Required maintenance and logistics standards, including
mission capability rates.
(D) Expected levels of crew training and performance.
(E) Product improvements that are planned before the
Initial Operating Capability of the aircraft to be made after
the Initial Operating Capability of the aircraft, as planned
in March 2010.

SEC. 123. QUARTERLY REPORTS ON USE OF COMBAT MISSION
REQUIREMENTS FUNDS.

(a) Quarterly Reports Required.--
(1) In general.--Not later than 30 days after the end of
each fiscal quarter, the commander of the United States
Special Operations Command shall submit to the congressional
defense committees a report on the use of Combat Mission
Requirements funds during the preceding fiscal quarter.
(2) Combat mission requirements funds.--For purposes of
this section, Combat Mission Requirements funds are amounts
available to the Department of Defense for Defense-wide
procurement in the Combat Mission Requirements subaccount of
the Defense-wide Procurement account.
(b) Elements.--Each report under subsection (a) shall
include, for the fiscal quarter covered by such report, the
following:

[[Page H8638]]

(1) The balance of the Combat Mission Requirements
subaccount at the beginning of such quarter.
(2) The balance of the Combat Mission Requirements
subaccount at the end of such quarter.
(3) Any transfer of funds into or out of the Combat Mission
Requirements subaccount during such quarter, including the
source of any funds transferred into the subaccount, and the
objective of any transfer of funds out of the subaccount.
(4) A description of any requirement--
(A) approved for procurement using Combat Mission
Requirements funds during such quarter; or
(B) procured using such funds during such quarter.
(5) With respect to each description of a requirement under
paragraph (4), the amount of Combat Mission Requirements
funds committed to the procurement or approved procurement of
such requirement.
(c) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 124. COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES
DATABASE.

(a) Comprehensive Database.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Joint Improvised Explosive Device Defeat
Organization, shall develop and maintain a comprehensive
database containing appropriate information for coordinating,
tracking, and archiving each counter-improvised explosive
device initiative within the Department of Defense. The
database shall, at a minimum, ensure the visibility of each
counter-improvised explosive device initiative.
(2) Use of information.--Using information contained in the
database developed under paragraph (1), the Secretary, acting
through the Director of the Joint Improvised Explosive Device
Defeat Organization, shall--
(A) identify and eliminate redundant counter-improvised
explosive device initiatives;
(B) facilitate the transition of counter-improvised
explosive device initiatives from funding under the Joint
Improvised Explosive Device Defeat Fund to funding provided
by the military departments; and
(C) notify the appropriate personnel and organizations
prior to a counter-improvised explosive device initiative
being funded through the Joint Improvised Explosive Device
Defeat Fund.
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall ensure that the Secretary of each military
department coordinates and collaborates on development of the
database to ensure its interoperability, completeness,
consistency, and effectiveness.
(b) Metrics.--The Secretary of Defense, acting through the
Director of the Joint Improvised Explosive Device Defeat
Organization, shall--
(1) develop appropriate means to measure the effectiveness
of counter-improvised explosive device initiatives; and
(2) prioritize the funding of such initiatives according to
such means.
(c) Counter-improvised Explosive Device Initiative
Defined.--In this section, the term ``counter-improvised
explosive device initiative'' means any project, program, or
research activity funded by any component of the Department
of Defense that is intended to assist or support efforts to
counter, combat, or defeat the use of improvised explosive
devices.

SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.

(a) Study Required.--The Secretary of Defense shall enter
into a contract with a federally funded research and
development center to conduct a study to--
(1) assess the effectiveness of the processes used by the
Secretary to identify and examine the requirements for
lighter weight body armor systems; and
(2) determine ways in which the Secretary may more
effectively address the research, development, and
procurement requirements regarding reducing the weight of
body armor.
(b) Matters Covered.--The study conducted under subsection
(a) shall include findings and recommendations regarding the
following:
(1) The requirement for lighter weight body armor and
personal protective equipment and the ability of the
Secretary to meet such requirement.
(2) Innovative design ideas for more modular body armor
that allow for scalable protection levels for various
missions and threats.
(3) The need for research, development, and acquisition
funding dedicated specifically for reducing the weight of
body armor.
(4) The efficiency and effectiveness of current body armor
funding procedures and processes.
(5) Industry concerns, capabilities, and willingness to
invest in the development and production of lightweight body
armor initiatives.
(6) Barriers preventing the development of lighter weight
body armor (including such barriers with respect to
technical, institutional, or financial problems).
(7) Changes to procedures or policy with respect to
lightweight body armor.
(8) Other areas of concern not previously addressed by
equipping boards, body armor producers, or program managers.
(c) Submission to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report on
the study conducted under subsection (a).

SEC. 126. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO
CERTAIN AIRCRAFT.

(a) Analysis of Feasibility Required.--The Secretary of
Defense shall conduct an analysis of the feasibility of
integrating solid state laser systems into the aircraft
platforms specified in subsection (b) for purposes of
permitting such aircraft to accomplish their missions,
including to provide close air support.
(b) Aircraft.--The aircraft platforms specified in this
subsection shall include, at a minimum, the following:
(1) The C-130 aircraft.
(2) The B-1 bomber aircraft.
(3) The F-35 fighter aircraft.
(c) Scope of Analysis.--The analysis required by subsection
(a) shall include a determination of the following:
(1) The estimated cost per unit of each laser system
analyzed.
(2) The estimated cost of operation and maintenance of each
aircraft platform specified in subsection (b) in connection
with each laser system analyzed, noting that the fidelity of
such analysis may not be uniform for all aircraft platforms.

SEC. 127. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE
CAPACITIES.

(a) Telescope Requirements Under Contracts After 2010.--
Except as provided in subsection (b), any contract for
additional commercial imaging satellite capability or
capacity entered into by the Department of Defense after
December 31, 2010, shall require that the imaging telescope
providing such capability or capacity under such contract has
an aperture of not less than 1.5 meters.
(b) Waiver.--The Secretary of Defense may waive the
limitation in subsection (a) if--
(1) the Secretary submits to the congressional defense
committees written certification that the waiver is in the
national security interests of the United States; and
(2) a period of 30 days has elapsed following the date on
which the certification under paragraph (1) is submitted.
(c) Continuation of Current Contracts.--The limitation in
subsection (a) may not be construed to prohibit or prevent
the Secretary of Defense from continuing or maintaining
current commercial imaging satellite capability or capacity
in orbit or under contract by December 31, 2010.

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle C--Missile Defense Programs

Subtitle D--Reports

Subtitle E--Other Matters

[[Page H8639]]

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $10,093,704,000.
(2) For the Navy, $17,881,008,000.
(3) For the Air Force, $27,319,627,000.
(4) For Defense-wide activities, $21,292,576,000, of which
$194,910,000 is authorized for the Director of Operational
Test and Evaluation.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF
SCIENCE, MATHEMATICS, AND ENGINEERING
EDUCATION.

(a) Discharge of Support Through Military Departments.--
Section 2192(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Defense may carry out the authority
in paragraph (1) through the Secretaries of the military
departments.''.
(b) Partnership Intermediaries for Purposes of Education
Partnerships.--Section 2194 of such title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) The Secretary of Defense may permit the director of a
defense laboratory to enter into a cooperative agreement with
an appropriate entity to act as an intermediary and assist
the director in carrying out activities under this
section.''.

SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED
RESEARCH PROJECTS AGENCY FOR OPERATION OF
NATIONAL CYBER RANGE.

(a) Prohibition on Use of Funds Pending Report.--Amounts
authorized to be appropriated by this Act and available to
the Defense Advanced Research Projects Agency may not be
obligated or expended for the National Cyber Range
established in support of the Comprehensive National
Cybersecurity Initiative until the date that is 90 days after
the date on which the Under Secretary of Defense for
Acquisition, Technology, and Logistics submits to the
Committees on Armed Services of the Senate and the House of
Representatives a report described in subsection (c).
(b) Limitation on Use of Funds After Report.--Commencing on
the date that is 90 days after the date on which the Under
Secretary submits a report described in subsection (c),
amounts described in subsection (a) shall be available for
obligation or expenditure only for the purposes of research
and development activities that the Under Secretary considers
appropriate for ensuring and assessing the functionality of
the National Cyber Range.
(c) Report.--
(1) In general.--The report described in this subsection is
a report setting forth a plan for the transition of the
National Cyber Range to operation and sustainment.
(2) Elements.--The report shall include, at a minimum, the
following:
(A) An analysis of various potential recipients under the
transition of the National Cyber Range.
(B) For each recipient analyzed under subparagraph (A), a
description of the proposed transition of the National Cyber
Range to such recipient, including the proposed schedule and
funding for such transition.
(3) Potential recipients.--The recipients analyzed in the
report under paragraph (2)(A) shall include, at a minimum,
the following:
(A) A consortium for the operation and sustainment of the
National Cyber Range as a government-owned, government-
operated facility.
(B) A consortium for the operation and sustainment of the
National Cyber Range as a government-owned, contractor-
operated facility.

SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND
DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE.

In the budget materials submitted to the President by the
Secretary of Defense in connection with the submission to
Congress, pursuant to section 1105 of title 31, United States
Code, of the budget for fiscal year 2012, and each subsequent
fiscal year, the Secretary shall ensure that within each
research, development, test, and evaluation account of the
Army and the Navy a separate, dedicated program element is
assigned to the Joint Light Tactical Vehicle.

SEC. 214. PROGRAM FOR RESEARCH, DEVELOPMENT, AND DEPLOYMENT
OF ADVANCED GROUND VEHICLES, GROUND VEHICLE
SYSTEMS, AND COMPONENTS.

(a) Program Authorized.--The Secretary of Defense may carry
out a program for research and development on, and deployment
of, advanced technology ground vehicles, ground vehicle
systems, and components within the Department of Defense.
(b) Goals and Objectives.--The goals and objectives of the
program authorized by subsection (a) are as follows:
(1) To identify and support technological advances that are
necessary for the development of advanced technologies for
use in ground vehicles of types to be used by the Department
of Defense.
(2) To procure and deploy significant quantities of
advanced technology ground vehicles for use by the
Department.
(3) To maximize the leverage of Federal and nongovernment
funds used for the development and deployment of advanced
technology ground vehicles, ground vehicle systems, and
components.
(c) Elements of Program.--The program authorized by
subsection (a) may include--
(1) enhanced research and development activities for
advanced technology ground vehicles, ground vehicle systems,
and components, including--
(A) increased investments in research and development of
batteries, advanced materials, power electronics, fuel cells
and fuel cell systems, hybrid systems, and advanced engines;
(B) pilot projects for the demonstration of advanced
technologies in ground vehicles for use by the Department of
Defense; and
(C) the establishment of public-private partnerships,
including research centers, manufacturing and prototyping
facilities, and test beds, to speed the development,
deployment, and transition to use of advanced technology
ground vehicles, ground vehicle systems, and components; and
(2) enhanced activities to procure and deploy advanced
technology ground vehicles in the Department, including--
(A) preferences for the purchase of advanced technology
ground vehicles;
(B) the use of authorities available to the Secretary of
Defense to stimulate the development and production of
advanced technology systems and ground vehicles through
purchases, loan guarantees, and other mechanisms;
(C) pilot programs to demonstrate advanced technology
ground vehicles and associated infrastructure at select
defense installations;
(D) metrics to evaluate environmental and other benefits,
life cycle costs, and greenhouse gas emissions associated
with the deployment of advanced technology ground vehicles;
and
(E) schedules and objectives for the conversion of the
ground vehicle fleet of the Department to advanced technology
ground vehicles.
(d) Cooperation With Industry and Academia.--
(1) In general.--The Secretary may carry out the program
authorized by subsection (a) through partnerships and other
cooperative agreements with private sector entities,
including--
(A) universities and other academic institutions;
(B) companies in the automobile and truck manufacturing
industry;
(C) companies that supply systems and components to the
automobile and truck manufacturing industry; and
(D) any other companies or private sector entities that the
Secretary considers appropriate.
(2) Nature of cooperation.--The Secretary shall ensure that
any partnership or cooperative agreement under paragraph (1)
provides for private sector participants to collectively
contribute, in cash or in kind, not less than one-half of the
total cost of the activities carried out under such
partnership or cooperative agreement.
(e) Coordination With Other Federal Agencies.--The program
authorized by subsection (a) shall be carried out, to the
maximum extent practicable, in coordination with the
Department of Energy and other appropriate departments and
agencies of the Federal Government.

SEC. 215. DEMONSTRATION AND PILOT PROJECTS ON CYBERSECURITY.

(a) Demonstration Projects on Processes for Application of
Commercial Technologies to Cybersecurity Requirements.--
(1) Projects required.--The Secretary of Defense and the
Secretaries of the military departments shall jointly carry
out demonstration projects to assess the feasibility and
advisability of using various business models and processes
to rapidly and effectively identify innovative commercial
technologies and apply such technologies to Department of
Defense and other cybersecurity requirements.
(2) Scope of projects.--Any demonstration project under
paragraph (1) shall be carried out in such a manner as to
contribute to the cyber policy review of the President and
the Comprehensive National Cybersecurity Initiative.
(b) Pilot Programs on Cybersecurity Required.--The
Secretary of Defense shall support or conduct pilot programs
on cybersecurity with respect to the following areas:
(1) Threat sensing and warning for information networks
worldwide.
(2) Managed security services for cybersecurity within the
defense industrial base, military departments, and combatant
commands.
(3) Use of private processes and infrastructure to address
threats, problems, vulnerabilities, or opportunities in
cybersecurity.
(4) Processes for securing the global supply chain.
(5) Processes for threat sensing and security of cloud
computing infrastructure.
(c) Reports.--
(1) Reports required.--Not later than 240 days after the
date of the enactment of this Act, and annually thereafter at
or about the time of the submittal to Congress of the budget
of the President for a fiscal year (as submitted pursuant to
section 1105(a) of title

[[Page H8640]]

31, United States Code), the Secretary of Defense shall, in
coordination with the Secretary of Homeland Security, submit
to Congress a report on any demonstration projects carried
out under subsection (a), and on the pilot projects carried
out under subsection (b), during the preceding year.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description and assessment of any activities under
the demonstration projects and pilot projects referred to in
paragraph (1) during the preceding year.
(B) For the pilot projects supported or conducted under
subsection (b)(2)--
(i) a quantitative and qualitative assessment of the extent
to which managed security services covered by the pilot
project could provide effective and affordable cybersecurity
capabilities for components of the Department of Defense and
for entities in the defense industrial base, and an
assessment whether such services could be expanded rapidly to
a large scale without exceeding the ability of the Federal
Government to manage such expansion; and
(ii) an assessment of whether managed security services are
compatible with the cybersecurity strategy of the Department
of Defense with respect to conducting an active, in-depth
defense under the direction of United States Cyber Command.
(C) For the pilot projects supported or conducted under
subsection (b)(3)--
(i) a description of any performance metrics established
for purposes of the pilot project, and a description of any
processes developed for purposes of accountability and
governance under any partnership under the pilot project; and
(ii) an assessment of the role a partnership such as a
partnership under the pilot project would play in the
acquisition of cyberspace capabilities by the Department of
Defense, including a role with respect to the development and
approval of requirements, approval and oversight of acquiring
capabilities, test and evaluation of new capabilities, and
budgeting for new capabilities.
(D) For the pilot projects supported or conducted under
subsection (b)(4)--
(i) a framework and taxonomy for evaluating practices that
secure the global supply chain, as well as practices for
securely operating in an uncertain or compromised supply
chain;
(ii) an assessment of the viability of applying commercial
practices for securing the global supply chain; and
(iii) an assessment of the viability of applying commercial
practices for securely operating in an uncertain or
compromised supply chain.
(E) For the pilot projects supported or conducted under
subsection (b)(5)--
(i) an assessment of the capabilities of Federal Government
providers to offer secure cloud computing environments; and
(ii) an assessment of the capabilities of commercial
providers to offer secure cloud computing environments to the
Federal Government.
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.

Subtitle C--Missile Defense Programs

SEC. 221. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

(a) Sense of Congress.--It is the sense of Congress--
(1) that the phased, adaptive approach to missile defense
in Europe is an appropriate response to the existing
ballistic missile threat from Iran to the European territory
of North Atlantic Treaty Organization countries, and to
potential future ballistic missile capabilities of Iran;
(2) that the phased, adaptive approach to missile defense
in Europe is not intended to, and will not, provide a missile
defense capability relative to the ballistic missile
deterrent forces of the Russian Federation, or diminish
strategic stability with the Russian Federation;
(3) to support the efforts of the United States Government
and the North Atlantic Treaty Organization to pursue
cooperation with the Russian Federation on ballistic missile
defense relative to Iranian missile threats;
(4) that the ground-based midcourse defense system deployed
in Alaska and California currently provides adequate
defensive capability for the United States against currently
anticipated future long-range ballistic missile threats from
Iran, and this capability will be enhanced as the system is
improved, including by the planned deployment of an AN/TPY-2
radar in southern Europe in 2011;
(5) that the ground-based midcourse defense system should
be maintained, enhanced, and adequately tested to ensure its
operational capability through its service life;
(6) that the United States should, as stated in its
unilateral statement accompanying the New START Treaty,
``continue improving and deploying its missile defense
systems in order to defend itself against limited attack and
as part of our collaborative approach to strengthening
stability in key regions'';
(7) that, as part of this effort, the Department of Defense
should pursue the development, testing, and deployment of
operationally effective versions of all variants of the
standard missile-3 for all four phases of the phased,
adaptive approach to missile defense in Europe;
(8) that the standard missile-3 block IIB interceptor
missile planned for deployment in phase 4 of the phased,
adaptive approach should be capable of addressing the
potential future threat of intermediate-range and long-range
ballistic missiles from Iran, including intercontinental
ballistic missiles that could be capable of reaching the
United States;
(9) that there are no constraints contained in the New
START Treaty on the development or deployment by the United
States of effective missile defenses, including all phases of
the phased, adaptive approach to missile defense in Europe
and further enhancements to the ground-based midcourse
defense system, as well as future missile defenses; and
(10) that the Department of Defense should continue the
development, testing, and assessment of the two-stage ground-
based interceptor in such a manner as to provide a hedge
against potential technical challenges with the development
of the standard missile-3 block IIB interceptor missile as a
means of augmenting the defense of Europe and of the homeland
against a limited ballistic missile attack from nations such
as North Korea or Iran.
(b) New START Treaty Defined.--In this section, the term
``New START Treaty'' means the Treaty between the United
States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010.

SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY
MISSILE DEFENSE AGENCY WITH FOREIGN ENTITIES.

Section 222 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1055; 10 U.S.C. 2431 note) is repealed.

SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE
DEFENSE INTERCEPTORS IN EUROPE.

(a) Limitation on Construction and Deployment of
Interceptors.--No funds authorized to be appropriated by this
Act or otherwise made available for the Department of Defense
for fiscal year 2011 or any fiscal year thereafter may be
obligated or expended for site activation, construction, or
deployment of missile defense interceptors on European land
as part of the phased, adaptive approach to missile defense
in Europe until--
(1) any nation agreeing to host such system has signed and
ratified a missile defense basing agreement and a status of
forces agreement authorizing the deployment of such
interceptors; and
(2) a period of 45 days has elapsed following the date on
which the Secretary of Defense submits to the congressional
defense committees the report on the independent assessment
of alternative missile defense systems in Europe required by
section 235(c)(2) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2235).
(b) Limitation on Procurement or Deployment of
Interceptors.--No funds authorized to be appropriated by this
Act or otherwise made available for the Department of Defense
for fiscal year 2011 or any fiscal year thereafter may be
obligated or expended for the procurement (other than initial
long-lead procurement) or deployment of operational missiles
on European land as part of the phased, adaptive approach to
missile defense in Europe until the Secretary of Defense,
after receiving the views of the Director of Operational Test
and Evaluation, submits to the congressional defense
committees a report certifying that the proposed interceptor
to be deployed as part of such missile defense system has
demonstrated, through successful, operationally realistic
flight testing, a high probability of working in an
operationally effective manner and that such missile defense
system has the ability to accomplish the mission.
(c) Waiver.--The Secretary of Defense may waive the
limitations in subsections (a) and (b) if--
(1) the Secretary submits to the congressional defense
committees written certification that the waiver is in the
urgent national security interests of the United States; and
(2) a period of seven days has elapsed following the date
on which the certification under paragraph (1) is submitted.
(d) Construction.--Nothing in this section shall be
construed so as to limit the obligation and expenditure of
funds for any missile defense activities not otherwise
limited by subsection (a) or (b), including, with respect to
the planned deployments of missile defense interceptors on
European land as part of the phased, adaptive approach to
missile defense in Europe--
(1) research, development, test and evaluation;
(2) site surveys;
(3) studies and analyses; and
(4) site planning and design and construction design.
(e) Conforming Repeal.--Section 234 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81;
123 Stat. 2234) is repealed.

SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM.

(a) Limitation on Availability of Funds.--Of the amounts
authorized to be appropriated in this title for fiscal year
2011 for research, development, test, and evaluation, Army,
of the amount that corresponds with budget activity five,
line 117, in the budget

[[Page H8641]]

transmitted to Congress by the President for fiscal year
2011, not more than 25 percent may be obligated or expended
until the date on which--
(1) the Secretary of Defense completes the critical design
review and the system program review for the medium extended
air defense system program and decides to proceed with the
program; and
(2) the Secretary submits in writing to the congressional
defense committees a report containing the decision referred
to in paragraph (1) to proceed with the medium extended air
defense system.
(b) Further Limitations.--
(1) In general.--Of the amounts authorized to be
appropriated in this title for fiscal year 2011 for research,
development, test, and evaluation, Army, of the amount that
corresponds with budget activity five, line 117, in the
budget transmitted to Congress by the President for fiscal
year 2011, not more than 50 percent may be obligated or
expended until a period of 30 days have elapsed following the
date on which the Secretary submits to the congressional
defense committees a report containing the elements specified
in paragraph (2).
(2) Elements of report.--The elements specified in this
paragraph for the report described in paragraph (1) are the
following:
(A) A detailed description of the decision described in
subsection (a)(1) and the explanation for that decision.
(B) A cost estimate performed by the Director of Cost
Assessment and Program Evaluation of the medium extended air
defense system program, including an analysis of the cost
growth in the program and an explanation of what effect such
cost growth would have if the program were subject to the
provisions of section 2433 of title 10, United States Code
(commonly referred to as the ``Nunn-McCurdy Act'').
(C) An analysis of alternatives to the medium extended air
defense system program and its component elements.
(D) A description of the planned schedule and cost for the
development, production, and deployment of the medium
extended air defense system, including the cost and schedule
for any variations to the baseline program to be fielded by
the Armed Forces.
(E) A description of the role of Germany and Italy in the
medium extended air defense system program, including the
role of such countries in procurement or production of
elements of such program.
(F) Any other matters that the Secretary of Defense
considers appropriate.
(c) Form of Reports.--The reports submitted under this
section shall be submitted in unclassified form, but may
include a classified annex.

SEC. 225. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC
MISSILE DEFENSE SYSTEM.

(a) Baselines Required.--The Secretary of Defense shall
ensure that the Missile Defense Agency establishes and
maintains an acquisition baseline for each program element of
the ballistic missile defense system, as specified in section
223 of title 10, United States Code.
(b) Elements of Baselines.--Each acquisition baseline
required by subsection (a) for a program element shall
include the following:
(1) A comprehensive schedule for the program element,
including--
(A) research and development milestones;
(B) acquisition milestones, including design reviews and
key decision points;
(C) key test events, including ground and flight tests and
ballistic missile defense system tests; and
(D) delivery and fielding schedules.
(2) A detailed technical description of--
(A) the capability to be developed, including hardware and
software;
(B) system requirements;
(C) how the proposed capability satisfies a capability
identified by the commanders of the combatant commands on a
prioritized capabilities list;
(D) key knowledge points that must be achieved to permit
continuation of the program and to inform production and
deployment decisions; and
(E) how the Missile Defense Agency plans to improve the
capability over time.
(3) A cost estimate for the program element, including--
(A) a life cycle cost estimate;
(B) program acquisition unit costs for the program element;
(C) average procurement unit costs and program acquisition
costs for the program element; and
(D) an identification when the program joint cost analysis
requirements description document is scheduled to be
approved.
(4) A test baseline summarizing the comprehensive test
program for the program element outlined in the integrated
master test plan.
(c) Annual Reports on Acquisition Baselines.--
(1) Annual reports required.--Not later than February 15,
2011, and annually thereafter, the Director of the Missile
Defense Agency shall submit to the congressional defense
committees a report on the acquisition baselines required by
subsection (a). The first such report shall set forth the
acquisition baselines, and each later report shall identify
the significant changes or variances, if any, in any such
baseline from any earlier report under this subsection.
(2) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(d) Annual Reports on Missile Defense Executive Board
Activities.--The Director shall include in each report under
subsection (c) a description of the activities of the Missile
Defense Executive Board during the preceding fiscal year,
including the following:
(1) A list of each meeting of the Board during the
preceding fiscal year.
(2) The agenda and issues considered at each such meeting.
(3) A description of any decisions or recommendations made
by the Board at each such meeting.

SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED EARLY
WARNING WITH THE CZECH REPUBLIC.

(a) Authority to Support Shared Early Warning.--During
fiscal years 2011 and 2012, the Secretary of Defense may
carry out a program to provide a ballistic missile shared
early warning capability for the United States and the Czech
Republic.
(b) Fiscal Year 2011 Funding Authorization.--
(1) Of the funds authorized to be appropriated by this Act
or any other Act for fiscal year 2011 for Operation and
Maintenance, Air Force, $1,700,000 may be available for the
purposes described in subsection (a).
(2) Of the funds authorized to be appropriated by this Act
or any other Act for fiscal year 2011 for Other Procurement,
Air Force, $500,000 may be available for the purposes
described in subsection (a).

SEC. 227. REPORT ON PHASED, ADAPTIVE APPROACH TO MISSILE
DEFENSE IN EUROPE.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the phased, adaptive approach to missile defense in
Europe.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A detailed explanation of--
(A) the analytic basis (including the analytic process and
methodology) that led to the recommendation of the Secretary
of Defense and the Joint Chiefs of Staff to pursue the
phased, adaptive approach to missile defense in Europe,
including the ability to defend deployed forces of the United
States, allies, and partners in Europe, and the United States
homeland, against the existing, emerging, and future threat
from Iranian ballistic missiles in a timely and flexible
manner; and
(B) the planned defensive coverage of Europe provided by
such missile defense.
(2) A detailed explanation of the specific elements planned
for each of the four phases of the phased, adaptive approach
to missile defense in Europe, including schedules and
parameters of planned deployments of missile defense systems
at sea and on land, and the knowledge points or milestones
that will be required prior to operational deployment of
those elements.
(3) A description of the factors and processes that will be
used to determine the eventual numbers and locations of
interceptors that will be deployed at sea and on land, and
the concept of operations that will enable the phased,
adaptive approach to missile defense in Europe to be operated
in a flexible, adaptable, and survivable manner.
(4) A description of the status of the development or
production of the various elements of the phased, adaptive
approach to missile defense in Europe, particularly the
development of the standard missile-3, block IIA and block
IIB interceptors, including the technical readiness levels of
those systems under development and the plans for retiring
the technical risks of such systems.
(5) A description of the advances in technology that are
expected to permit enhanced defensive capability of the
phased, adaptive approach to missile defense in Europe,
including airborne infrared sensor technology, space sensor
technology, and enhanced battle management, command, control,
and communications.
(6) A discussion of how the phased, adaptive approach to
missile defense in Europe will meet the operational needs of
the commander of the United States European Command, and how
it relates to plans to use a phased, adaptive approach to
missile defense in other geographic regions.
(7) An explanation of--
(A) the views of the North Atlantic Treaty Organization on
the phased, adaptive approach to missile defense in Europe;
and
(B) how such missile defense fits into the current missile
defense strategy of NATO.
(c) Form.--The report shall be in unclassified form, but
may include a classified annex.

SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-
BASED MIDCOURSE DEFENSE SYSTEM.

(a) Independent Review and Assessment Required.--The
Secretary of Defense shall select an appropriate entity
outside the Department of Defense to conduct an independent
review and assessment of the ground-based midcourse defense
system.
(b) Elements.--The review and assessment required by this
section shall address the current plans of the Department of
Defense with respect to the following:
(1) The force structure and inventory levels necessary for
the ground-based midcourse defense system to achieve the
planned capabilities of that system, including an analysis of
costs and potential advantages of deploying additional
operational ground-based interceptor missiles.
(2) The number of ground-based interceptor missiles
necessary for operational assets, test assets (including
developmental and

[[Page H8642]]

operational test assets and aging and surveillance test
assets), and spare missiles for the ground-based midcourse
defense system.
(3) The plan to maintain the operational effectiveness of
the ground-based midcourse defense system over the course of
its service life, including any modernization or capability
enhancement efforts, and any sustainment efforts.
(4) The plan for funding the development, production,
deployment, testing, improvement, and sustainment of the
ground-based midcourse defense system.
(5) The plan for flight testing the ground-based midcourse
defense system, including aging and surveillance tests to
demonstrate the continuing effectiveness of the system over
the course of its service life.
(6) The plan for production of ground-based interceptor
missiles necessary for operational test assets, aging and
surveillance test assets, and spare missiles for the ground-
based midcourse defense system.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the entity conducting the review and
assessment under this section shall submit to the Secretary
and the congressional defense committees a report
containing--
(1) the results of the review and assessment; and
(2) any recommendations on how the Department of Defense
may improve upon its plans to ensure the availability,
reliability, maintainability, supportability, and improvement
of the ground-based midcourse defense system.

SEC. 229. IRON DOME SHORT-RANGE ROCKET DEFENSE PROGRAM.

Of the funds authorized to be appropriated by section
201(4) for research, development, test, and evaluation,
Defense-wide, the Secretary of Defense may provide up to
$205,000,000 to the government of Israel for the Iron Dome
short-range rocket defense system.

Subtitle D--Reports

SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM
REQUIREMENTS FOR THE GROUND COMBAT VEHICLE
PROGRAM.

(a) Report Required.--Not later than January 15, 2011, the
Secretary of the Army shall submit to the congressional
defense committees a report on the Ground Combat Vehicle
program of the Army. Such report shall include--
(1) the results of the analysis of alternatives conducted
prior to milestone A, including any technical data; and
(2) an explanation of any plans to adjust the requirements
of the Ground Combat Vehicle program during the technology
development phase of such program.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Limitation on Obligation of Funds.--Of the funds
authorized to be appropriated by this or any other Act for
fiscal year 2011 for research, development, test, and
evaluation, Army, for development of the Ground Combat
Vehicle, not more than 50 percent may be obligated or
expended until the date that is 30 days after the date on
which the report is submitted under subsection (a).

SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED
MUNITIONS.

(a) Cost Benefit Analysis Required.--
(1) In general.--The Secretary of the Army shall conduct a
cost benefit analysis of future munitions to be fired from
the M1 Abrams series main battle tank to determine the proper
investment to be made in tank munitions, including beyond
line of sight technology.
(2) Elements.--The cost benefit analysis under paragraph
(1) shall include--
(A) the predicted operational performance of future tank-
fired munitions, including those incorporating beyond line of
sight technology, based on the relevant modeling and
simulation of future combat scenarios of the Army, including
a detailed analysis on the suitability of each munition to
address the full spectrum of targets across the entire range
of the tank (including close range, mid-range, long-range,
and beyond line of sight);
(B) a detailed assessment of the projected costs to develop
and field each tank-fired munition included in the analysis,
including those incorporating beyond line of sight
technology; and
(C) a comparative analysis of each tank-fired munition
included in the analysis, including suitability to address
known capability gaps and overmatch against known and
projected threats.
(3) Munitions included.--In conducting the cost benefit
analysis under paragraph (1), the Secretary shall include, at
a minimum, the Mid-Range Munition, the Advanced Kinetic
Energy round, and the Advanced Multipurpose Program.
(b) Briefing.--Not later than April 15, 2011, the Secretary
shall provide a detailed briefing to the congressional
defense committees on the cost benefit analysis conducted
under subsection (a).

SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX)
PRESIDENTIAL HELICOPTER ACQUISITION PROGRAM.

(a) Annual GAO Review.--During the period beginning on the
date of the enactment of this Act and ending on March 1,
2013, the Comptroller General of the United States shall
conduct an annual review of the VH-(XX) aircraft acquisition
program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year
beginning in 2011 and ending in 2013, the Comptroller General
shall submit to the congressional defense committees a report
on the review of the VH-(XX) aircraft acquisition program
conducted under subsection (a).
(2) Matters to be included.--Each report on the review of
the VH-(XX) aircraft acquisition program shall include the
following:
(A) The extent to which the program is meeting development
and procurement cost, schedule, performance, and risk
mitigation goals.
(B) With respect to meeting the desired initial operational
capability and full operational capability dates for the VH-
(XX) aircraft, the progress and results of--
(i) developmental and operational testing of the aircraft;
and
(ii) plans for correcting deficiencies in aircraft
performance, operational effectiveness, reliability,
suitability, and safety.
(C) An assessment of VH-(XX) aircraft procurement plans,
production results, and efforts to improve manufacturing
efficiency and supplier performance.
(D) An assessment of the acquisition strategy of the VH-
(XX) aircraft, including whether such strategy is in
compliance with acquisition management best-practices and the
acquisition policy and regulations of the Department of
Defense.
(E) A risk assessment of the integrated master schedule and
the test and evaluation master plan of the VH-(XX) aircraft
as it relates to--
(i) the probability of success;
(ii) the funding required for such aircraft compared with
the funding programmed; and
(iii) development and production concurrency.
(3) Additional information.--In submitting to the
congressional defense committees the first report under
paragraph (1) and a report following any changes made by the
Secretary of the Navy to the baseline documentation of the
VH-(XX) aircraft acquisition program, the Comptroller General
shall include, with respect to such program, an assessment of
the sufficiency and objectivity of--
(A) the analysis of alternatives;
(B) the initial capabilities document;
(C) the capabilities development document; and
(D) the systems requirement document.

Subtitle E--Other Matters

SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF
DEPARTMENT OF DEFENSE PARTICIPATION IN
DEVELOPMENT OF NEXT GENERATION SEMICONDUCTOR
TECHNOLOGIES.

(a) Findings.--Congress finds the following:
(1) The next generation of weapons systems, battlefield
sensors, and intelligence platforms will need to be lighter,
more agile, consume less power, and have greater
computational power, which can be achieved by decreasing the
feature size of integrated circuits to the nanometer scale.
(2) There is a growing concern in the Department of Defense
and the United States intelligence community over the
offshore shift in development and production of high capacity
semiconductors. Greater reliance on providers of
semiconductors in the United States high technology industry
would help mitigate the security risks of such an offshore
shift.
(3) The development of new manufacturing technologies is
recognized in the semiconductor industry as critical to the
development of the next generation of integrated circuits.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue research and
development capabilities to take the lead in developing and
producing the next generation of integrated circuits; and
(2) the Department of Defense should continue to work with
industry and academia in pursuing the research and
development of advanced manufacturing techniques in support
of the development of the next generation of integrated
circuits needed for the requirements and specialized
applications of the Department of Defense.

SEC. 242. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.

(a) Pilot Program.--The Secretary of Defense, in
coordination with the Secretary of Energy, may carry out a
collaborative energy security pilot program involving one or
more partnerships between one military installation and one
national laboratory, for the purpose of evaluating and
validating secure, salable microgrid components and systems
for deployment.
(b) Selection of Military Installation and National
Laboratory.--If the Secretary of Defense carries out a pilot
program under this section, the Secretary of Defense and the
Secretary of Energy shall jointly select a military
installation and a national laboratory for the purpose of
carrying out the pilot program. In making such selections,
the Secretaries shall consider each of the following:
(1) A commitment to participate made by a military
installation being considered for selection.
(2) The findings and recommendations of relevant energy
security assessments of military installations being
considered for selection.
(3) The availability of renewable energy sources at a
military installation being considered for selection.
(4) Potential synergies between the expertise and
capabilities of a national laboratory

[[Page H8643]]

being considered for selection and the infrastructure,
interests, or other energy security needs of a military
installation being considered for selection.
(5) The effects of any utility tariffs, surcharges, or
other considerations on the feasibility of enabling any
excess electricity generated on a military installation being
considered for selection to be sold or otherwise made
available to the local community near the installation.
(c) Program Elements.--A pilot program under this section
shall be carried out as follows:
(1) Under the pilot program, the Secretaries shall evaluate
and validate the performance of new energy technologies that
may be incorporated into operating environments.
(2) The pilot program shall involve collaboration with the
Office of Electricity Delivery and Energy Reliability of the
Department of Energy and other offices and agencies within
the Department of Energy, as appropriate, and the
Environmental Security Technical Certification Program of the
Department of Defense.
(3) Under the pilot program, the Secretary of Defense shall
investigate opportunities for any excess electricity created
for the military installation to be sold or otherwise made
available to the local community near the installation.
(4) The Secretary of Defense shall use the results of the
pilot program as the basis for informing key performance
parameters and validating energy components and designs that
could be implemented in various military installations across
the country and at forward operating bases.
(5) The pilot program shall support the effort of the
Secretary of Defense to use the military as a test bed to
demonstrate innovative energy technologies.
(d) Implementation and Duration.--If the Secretary of
Defense carries out a pilot program under this section, such
pilot program shall begin by not later than July 1, 2011, and
shall be not less than three years in duration.
(e) Reports.--
(1) Initial report.--If the Secretary of Defense carries
out a pilot program under this section, the Secretary shall
submit to the appropriate congressional committees by not
later than October 1, 2011, an initial report that provides
an update on the implementation of the pilot program,
including an identification of the selected military
installation and national laboratory partner and a
description of technologies under evaluation.
(2) Final report.--Not later than 90 days after completion
of a pilot program under this section, the Secretary shall
submit to the appropriate congressional committees a report
on the pilot program, including any findings and
recommendations of the Secretary.
(f) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Science and
Technology of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) The term ``microgrid'' means an integrated energy
system consisting of interconnected loads and distributed
energy resources (including generators, energy storage
devices, and smart controls) that can operate with the
utility grid or in an intentional islanding mode.
(3) The term ``national laboratory'' means--
(A) a national laboratory (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) a national security laboratory (as defined in section
3281 of the National Nuclear Security Administration Act (50
U.S.C. 2471)).

SEC. 243. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION
FEATURES DURING RESEARCH AND DEVELOPMENT OF
DEFENSE SYSTEMS.

(a) Pilot Program.--The Secretary of Defense shall carry
out a pilot program to develop and incorporate technology
protection features in a designated system during the
research and development phase of such system.
(b) Annual Reports.--Not later than December 31 of each
year in which the Secretary carries out the pilot program
established under this section, the Secretary shall submit to
the congressional defense committees a report on the pilot
program, including a list of each designated system included
in the program.
(c) Termination.--The pilot program established under this
section shall terminate on October 1, 2015.
(d) Definitions.--In this section:
(1) The term ``designated system'' means any system
(including a major system, as defined in section 2302(5) of
title 10, United States Code) that the Under Secretary of
Defense for Acquisition, Technology, and Logistics designates
as being included in the pilot program established under this
section.
(2) The term ``technology protection features'' means the
technical modifications necessary to protect critical program
information, including anti-tamper technologies and other
systems engineering activities intended to prevent or delay
exploitation of critical technologies in a designated system.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Energy and Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station,
Brunswick, Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.

Subtitle C--Workplace and Depot Issues

Subtitle D--Reports

Subtitle E--Limitations and Extensions of Authority

Subtitle F--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $33,921,165,000.
(2) For the Navy, $38,232,943,000.
(3) For the Marine Corps, $5,590,340,000.
(4) For the Air Force, $36,822,516,000.
(5) For Defense-wide activities, $30,562,619,000.
(6) For the Army Reserve, $2,879,077,000.
(7) For the Naval Reserve, $1,367,764,000.
(8) For the Marine Corps Reserve, $285,234,000.
(9) For the Air Force Reserve, $3,403,827,000.
(10) For the Army National Guard, $6,621,704,000.
(11) For the Air National Guard, $6,042,239,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,068,000.

[[Page H8644]]

(13) For the Acquisition Development Workforce Fund,
$217,561,000.
(14) For Environmental Restoration, Army, $444,581,000.
(15) For Environmental Restoration, Navy, $304,867,000.
(16) For Environmental Restoration, Air Force,
$502,653,000.
(17) For Environmental Restoration, Defense-wide,
$10,744,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $296,546,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $108,032,000.
(20) For Cooperative Threat Reduction programs,
$522,512,000.

Subtitle B--Energy and Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH THE TWIN
CITIES ARMY AMMUNITION PLANT, MINNESOTA.

(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $5,611,670.67 in fiscal year 2011 to the Hazardous
Substance Superfund.
(2) Purpose of reimbursement.--The amount authorized to be
transferred under paragraph (1) is to reimburse the
Environmental Protection Agency for costs the Agency incurred
relating to the response actions performed at the Twin Cities
Army Ammunition Plant, Minnesota.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is intended to satisfy certain terms of the
interagency agreement entered into by the Department of the
Army and the Environmental Protection Agency for the Twin
Cities Army Ammunition Plant that took effect in December
1987 and that provided for the recovery of expenses by the
Agency from the Department of the Army.
(b) Source of Funds.--The transfer of funds authorized in
subsection (a) shall be made using funds authorized to be
appropriated for fiscal year 2011 for operation and
maintenance for Environmental Restoration, Army.

SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF
STIPULATED PENALTIES IN CONNECTION WITH NAVAL
AIR STATION, BRUNSWICK, MAINE.

(a) Authority to Transfer Funds.--From amounts authorized
to be appropriated for fiscal year 2011 for the Department of
Defense Base Closure Account 2005, and notwithstanding
section 2215 of title 10, United States Code, the Secretary
of Defense may transfer an amount of not more than $153,000
to the Hazardous Substance Superfund established under
subchapter A of chapter 98 of the Internal Revenue Code of
1986.
(b) Purpose of Transfer.--The purpose of a transfer made
under subsection (a) is to satisfy a stipulated penalty
assessed by the Environmental Protection Agency on June 12,
2008, against Naval Air Station, Brunswick, Maine, for the
failure of the Navy to sample certain monitoring wells in a
timely manner pursuant to a schedule included in the Federal
facility agreement for Naval Air Station, Brunswick, which
was entered into by the Secretary of the Navy and the
Administrator of the Environmental Protection Agency on
October 19, 1990.
(c) Acceptance of Payment.--If the Secretary of Defense
makes a transfer authorized under subsection (a), the
Administrator of the Environmental Protection Agency shall
accept the amount transferred as payment in full of the
penalty referred to in subsection (b).

SEC. 313. REQUIREMENTS RELATED TO THE INVESTIGATION OF
EXPOSURE TO DRINKING WATER AT CAMP LEJEUNE,
NORTH CAROLINA.

(a) Findings.--Congress makes the following findings:
(1) The Department of the Navy and the Agency for Toxic
Substances and Disease Registry (hereinafter in this section
referred to as ``ATSDR'') have been working together for
almost two decades to identify the possible effects of
exposure to contaminated drinking water at Camp Lejeune,
North Carolina.
(2) Multiple studies have been conducted, and are being
conducted, which require significant amounts of data and
historical documentation, requiring the Department of the
Navy and ATSDR to have close collaboration and open access to
information.
(3) In June 2010, the Department of the Navy and ATSDR
established the Camp Lejeune Data Mining Technical Workgroup
to identify and inventory information and data relevant to
the ongoing scientific research.
(b) Requirements.--
(1) ATSDR access to data.--By not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Navy shall ensure that the inventory created by the Camp
Lejeune Data Mining Technical Workgroup is accurate and
complete and that ATSDR has full access to all of the
documents and data listed therein as needed.
(2) Availability of new and newly discovered documents.--If
after the date of enactment of this Act the Secretary of the
Navy generates any new document, record, or electronic data,
or comes into possession of any existing document, record, or
electronic data not previously provided in the Camp Lejeune
Data Mining Technical Workgroup, the Secretary of the Navy
shall make such information immediately available to ATSDR
with an electronic inventory incorporating the newly located
or generated document, record, or electronic data.
(3) Limitation on adjudication of claims.--None of the
funds authorized to be appropriated by this Act for fiscal
year 2011 may be used to adjudicate any administrative claim
filed with the Department of the Navy regarding water
contamination at Camp Lejeune, North Carolina, until at least
45 days after the date on which the Secretary of the Navy
notifies the Committees on Armed Services of the Senate and
House of Representatives of the intention of the Secretary to
adjudicate the claim.

SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILITARY
ENVIRONMENTAL EXPOSURES.

(a) Findings.--Congress makes the following findings:
(1) There have been various reports of the exposure of
current and former members of the Armed Forces, their
dependents, and civilian employees to environmental hazards
while living and working on military installations.
(2) There is the need to better understand existing
Department of Defense policies and procedures for addressing
possible environmental exposures at military installations,
determining any correlation between such an exposure and a
subsequent health condition, and handling claims and
potential compensation.
(3) While many of these possible exposures have been
studied and evaluated, the extent to which those exposures
caused or contributed to the short- and long-term health
conditions of current and former members of the Armed Forces,
their dependents, and civilian employees remains largely
unknown.
(4) As for these possible exposures and the link between
the exposure and subsequent health conditions, there may be
better ways for the Federal Government to evaluate, address
and, as warranted, provide health benefits or possible
compensation as a remedy to these potential exposures.
(b) Comptroller General Assessment Required.--The
Comptroller General of the United States shall carry out an
assessment of possible exposures to environmental hazards on
military installations that includes the following:
(1) An identification of the policies and processes by
which the Department of Defense and the military departments
respond to environmental hazards on military installations
and possible exposures and determine if there is a standard
framework.
(2) An identification of the existing processes available
to current and former members of the Armed Forces, their
dependents, and civilian employees to seek compensation and
health benefits for exposures to environmental hazards on
military installations.
(3) A comparison of the processes identified under
paragraph (2) with other potential options or methods for
providing health benefits or compensation to individuals for
injuries that may have resulted from environmental hazards on
military installations.
(4) An examination of what is known about the advantages
and disadvantages of other potential options or methods as
well as any shortfalls in the current processes.
(5) Recommendations for any administrative or legislative
action that the Comptroller General deems appropriate in the
context of the assessment.
(c) Report.--Not later than January 1, 2012, the
Comptroller General shall submit to the Chairmen and Ranking
Members of the Committees on Armed Services of the Senate and
the House of Representatives a report on the findings and
recommendations, as appropriate, of the Comptroller General
with respect to the assessment conducted under subsection
(b).
(d) Coordination.--In carrying out subsection (b), the
Comptroller General shall receive comments from the Secretary
of Defense and others, as appropriate.
(e) Construction.--Nothing in this section shall be
interpreted to impede, encroach, or delay--
(1) any studies, reviews, or assessments of any actual or
potential environmental exposures at any military
installation, including the studies included in the Agency
for Toxic Substances and Disease Registry's Annual Plan of
Work regarding the water contamination at Camp Lejeune, North
Carolina;
(2) the Agency for Toxic Substances and Disease Registry's
statutory obligations, including its obligations under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding
Superfund sites; or
(3) the remediation of any environmental contamination or
hazard at any military installation.
(f) Military Installation Defined.--In this section, the
term ``military installation'' has the meaning given that
term in section 2801(c)(4) of title 10, United States Code.

Subtitle C--Workplace and Depot Issues

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

Section 2330a(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking the second sentence;
(B) by inserting after the first sentence the following new
sentence: ``The guidance for

[[Page H8645]]

compiling the inventory shall be issued by the Under
Secretary of Defense for Personnel and Readiness, the Under
Secretary of Defense (Comptroller), and the Under Secretary
of Defense for Acquisition, Technology, and Logistics, as
follows:''; and
(C) by inserting after the sentence added by subparagraph
(B) the following:
``(A) The Under Secretary of Defense for Personnel and
Readiness, as supported by the Under Secretary of Defense
(Comptroller), shall be responsible for developing guidance
for--
``(i) the collection of data regarding functions and
missions performed by contractors in a manner that is
comparable to the manpower data elements used in inventories
of functions performed by Department of Defense employees;
and
``(ii) the calculation of contractor manpower equivalents
in a manner that is comparable to the calculation of full-
time equivalents for use in inventories of functions
performed by Department of Defense employees.
``(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall be responsible for developing
guidance on other data elements and implementing
procedures.'';
(3) by inserting after subparagraph (B) of paragraph (1),
as added by paragraph (2), the following:
``(2) The entry for an activity on an inventory under this
subsection shall include, for the fiscal year covered by such
entry, the following:''; and
(4) in paragraph (2), as redesignated by paragraph (3), by
striking subparagraph (E) and inserting the following new
subparagraph (E):
``(E) The number of contractor employees, expressed as
full-time equivalents for direct labor, using direct labor
hours and associated cost data collected from contractors
(except that estimates may be used where such data is not
available and cannot reasonably be made available in a timely
manner for the purpose of the inventory).''.

SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS
PERFORMED UNDER PRIME VENDOR CONTRACTS FOR
DEPOT-LEVEL MAINTENANCE AND REPAIR.

Section 346 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 1979; 10 U.S.C. 2464 note) is repealed.

SEC. 323. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR
CONVERSION OF FUNCTIONS TO PERFORMANCE BY
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Prohibition.--The Secretary of Defense may not
establish, apply, or enforce any numerical goal, target, or
quota for the conversion of Department of Defense functions
to performance by Department of Defense civilian employees,
unless such goal, target, or quota is based on considered
research and analysis, as required by section 235, 2330a, or
2463 of title 10, United States Code.
(b) Decisions to Insource.--In deciding which functions
should be converted to performance by Department of Defense
civilian employees pursuant to section 2463 of title 10,
United States Code, the Secretary of Defense shall use the
costing methodology outlined in the Directive-Type Memorandum
09-007 (Estimating and Comparing the Full Costs of Civilian
and Military Manpower and Contractor Support) or any
successor guidance for the determination of costs when costs
are the sole basis for the decision. The Secretary of a
military department may issue supplemental guidance to assist
in such decisions affecting functions of that military
department.
(c) Reports.--
(1) Report to congress.--Not later than March 31, 2011, the
Secretary of Defense shall submit to the congressional
defense committees a report on the decisions with respect to
the conversion of functions to performance by Department of
Defense civilian employees made during fiscal year 2010. Such
report shall identify, for each such decision--
(A) the agency or service of the Department involved in the
decision;
(B) the basis and rationale for the decision; and
(C) the number of contractor employees whose functions were
converted to performance by Department of Defense civilian
employees.
(2) Comptroller general review.--Not later than 120 days
after the submittal of the report under paragraph (1), the
Comptroller General of the United States shall submit to the
congressional defense committees an assessment of the report.
(d) Construction.--Nothing in this section shall be
construed--
(1) to preclude the Secretary of Defense from establishing,
applying, and enforcing goals for the conversion of
acquisition functions and other critical functions to
performance by Department of Defense civilian employees,
where such goals are based on considered research and
analysis; or
(2) to require the Secretary of Defense to conduct a cost
comparison before making a decision to convert any
acquisition function or other critical function to
performance by Department of Defense civilian employees,
where factors other than cost serve as a basis for the
Secretary's decision.

Subtitle D--Reports

SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO
CORROSION PREVENTION PROJECTS AND ACTIVITIES.

Section 2228(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``The'' and inserting
``For the fiscal year covered by the report and the preceding
fiscal year, the''; and
(B) by adding at the end the following new subparagraph:
``(E) For the fiscal year covered by the report and the
preceding fiscal year, the amount of funds requested in the
budget for each project or activity described in subsection
(d) compared to the funding requirements for the project or
activity.'';
(2) in paragraph (2)(B), by inserting before the period at
the end the following: ``, including the annex to the report
described in paragraph (3)''; and
(3) by adding at the end the following new paragraph:
``(3) Each report under this section shall include, in an
annex to the report, a copy of the annual corrosion report
most recently submitted by the corrosion control and
prevention executive of each military department under
section 903(b)(5) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4567; 10 U.S.C. 2228 note).''.

SEC. 332. MODIFICATION AND REPEAL OF CERTAIN REPORTING
REQUIREMENTS.

(a) Prioritization of Funds.--Subsection (a) of section 323
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (10 U.S.C. 229 note) is amended--
(1) in paragraph (1), by striking ``the global war on
terrorism'' and inserting ``overseas contingency
operations''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``units transforming
to modularity'' and inserting ``modular units''; and
(B) in subparagraph (B), by striking ``2012'' and inserting
``2015''.
(b) Budget Information.--Subsection (b) of such section is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``the global war on terrorism'' and
inserting ``overseas contingency operations''; and
(ii) by inserting ``and'' at the end;
(B) in subparagraph (B)--
(i) in clause (i), by striking ``units transforming to
modularity'' and inserting ``modular units''; and
(ii) by striking ``; and'' at the end and inserting a
period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (3).
(c) Annual Report on Army Progress.--Subsection (c) of such
section is amended--
(1) by striking paragraphs (1), (2), (3), (4), (5), (6),
and (7);
(2) by redesignating paragraphs (8) and (9) as
subparagraphs (D) and (F), respectively;
(3) by submitting ``(1)'' before ``On the date'';
(4) in paragraph (1), as designated by paragraph (3) of
this subsection, by striking ``in meeting'' and all that
follows through ``shall be itemized'' and inserting ``in
fulfilling the key enabler equipment requirements of modular
units and in repairing, recapitalizing, and replacing
equipment and materiel used in support of overseas
contingency operations underway as of the date of such
report, and associated sustainment. Any information included
in the report shall be itemized'';
(5) by striking ``Each such report'' and all that follows
through the colon and inserting the following:
``(2) Each such report shall include the following:
``(A) An assessment of the key enabler equipment and
personnel of the Army, including--
``(i) a comparison of--
``(I) the authorized level of key enabler equipment;
``(II) the level of key enabler equipment on hand; and
``(III) the planned purchases of key enabler equipment as
set forth in the future-years defense program submitted with
the budget for such fiscal year;
``(ii) a comparison of the authorized and actual personnel
levels for personnel with key enabler personnel specialities
with the requirements for key enabler personnel specialties;
``(iii) an identification of any shortfalls indicated by
the comparisons in clauses (i) and (ii); and
``(iv) an assessment of the number and type of key enabler
equipment that the Army projects it will have on hand by the
end of such future-years defense program that will require
repair, recapitalization, or replacement at or before the end
of the time period covered by such future-years defense
program (which assessment shall account for additional
repair, recapitalization, or replacement resulting from use
of key enabler equipment in overseas contingency operations).
``(B) If an assessment under subparagraph (A) identifies
shortfalls that will exist within the period covered by the
future-years defense program submitted in such fiscal year,
an identification of the risks associated with such
shortfalls and mitigation strategies to address such risks.
``(C) A schedule for the accomplishment of the purposes set
forth in paragraph (1).'';
(6) in paragraph (2), as amended by paragraphs (2) and (5)
of this subsection, by inserting after subparagraph (D) the
following new subparagraph:

[[Page H8646]]

``(E) A description of the status of the development of
doctrine on how modular combat, functional, and support
forces will train, be sustained, and fight.''; and
(7) in subparagraph (F) of paragraph (2) as redesignated by
paragraphs (2) and (5) of this subsection, by striking
``paragraphs (1) through (8)'' and inserting ``subparagraphs
(A) through (E)''.
(d) Annual Comptroller General on Army Progress.--
Subsection (d) of such section is amended to read as follows:
``(d) Annual Comptroller General Report on Army Progress.--
Not later than 180 days after the date on which the Secretary
of the Army submits a report under subsection (c), the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth the
Comptroller General's review of such report. Each report
under this subsection shall include such information and
recommendations as the Comptroller General considers
appropriate in light of such review.''.
(e) Definitions.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d), as amended by
subsection (d) of this section, the following new subsection
(e):
``(e) Definitions.--In this section:
``(1) The term `contingency operation' has the meaning
given that term in section 101(a)(13) of title 10, United
States Code.
``(2) The term `key enabler', in the case of equipment or
personnel, means equipment or personnel, as the case may be,
that make a modular force or unit as capable or more capable
than the non-modular force or unit it replaced, including the
following:
``(A) Equipment such as tactical and high frequency radio,
tactical wheeled vehicles, battle command systems, unmanned
aerial vehicles, all-source analysis systems, analysis and
control elements, fire support sensor systems, firefinder
radar, joint network nodes, long-range advanced scout
surveillance systems, Trojan Spirit systems (or any successor
system), and any other equipment items identified by the Army
as making a modular force or unit as capable or more capable
than the non-modular force or unit it replaced.
``(B) Personnel in specialties needed to operate or support
the equipment specified in subparagraph (A) and personnel in
specialties relating to civil affairs, communication and
information systems operation, explosive ordinance disposal,
military intelligence, psychological operations, and any
other personnel specialties identified by the Army as making
a modular force or unit as capable or more capable than the
non-modular force or unit it replaced.''.
(f) Termination of Report Requirement.--Subsection (f) of
such section, as redesignated by subsection (e)(1) of this
section, is further amended by striking ``fiscal year 2012''
and inserting ``fiscal year 2015''.
(g) Repeal of Report on Disposition of Reserve Equipment.--
Title III of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364) is amended by
striking section 349.
(h) Repeal of Report on Readiness of Ground Forces.--Title
III of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended by striking section 355.

SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION.

(a) Report Required.--Not later than March 1, 2011, the
Commander of the United States Northern Command and the North
American Aerospace Defense Command shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the Air Sovereignty Alert
(hereinafter in this section referred to as ``ASA'') mission
and Operation Noble Eagle.
(b) Consultation.--The Commander shall consult with the
Director of the National Guard Bureau who shall review and
provide independent analysis and comments on the report
required under subsection (a).
(c) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) An evaluation of the ASA mission and of Operation Noble
Eagle.
(2) An evaluation of each of the following:
(A) The current ability to perform the ASA mission with
respect to training, equipment, and basing.
(B) Any current deficiencies in the ASA mission.
(C) Any changes in threats that would require any change in
training, equipment, and basing to effectively support the
ASA mission.
(D) An evaluation of whether the ASA mission is fully
resourced with respect to funding, personnel, and aircraft.
(E) A description of the coverage of ASA and Operation
Noble Eagle units with respect to--
(i) population centers covered; and
(ii) targets of value covered, including symbolic
(including national monuments, sports venues, and centers of
commerce), critical infrastructure (including power plants,
ports, dams, bridges, and telecommunication nodes), and
national security (including military bases and organs of
government) targets.
(F) An unclassified, notional area of responsibility
conforming to the unclassified response time of the unit
represented graphically on a map and detailing the total
population and number of targets of value covered, as
described in subparagraph (E).
(3) The status of the implementation of the recommendations
made in the Government Accountability Office report entitled
``Actions Needed to Improve Management of Air Sovereignty
Alert Operations to Protect U.S. Airspace'' (GAO-09-184).
(d) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.

SEC. 334. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE
AIR FORCE.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Service of the House of
Representatives a report describing the feasibility and
desirability of designating the Suppression of Enemy Air
Defenses/Destruction of Enemy Air Defenses (hereinafter in
this section referred to as ``SEAD/DEAD'') mission as a
responsibility of the Air National Guard.
(b) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) An evaluation of the SEAD/DEAD mission, as in effect on
the date of the enactment of this Act.
(2) An evaluation of the following with respect to the
SEAD/DEAD mission:
(A) The current ability of the Air National Guard to
perform the mission with regards to training, equipment,
funding, and basing.
(B) Any current deficiencies of the Air National Guard to
perform the mission, including range infrastructure or other
improvements needed to support peacetime training and
readiness.
(C) The corrective actions and costs required to address
any deficiencies described in subparagraph (B).
(c) Consultation.--The Secretary of the Air Force shall
consult with the Director of the National Guard Bureau who
shall review and provide independent analysis and comments on
the report required under subsection (a).

SEC. 335. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.

The Commander of the United States Transportation Command
shall update the study entitled ``PORT LOOK 2008 Strategic
Seaports Study''. In updating the study under this section,
the Commander shall consider the infrastructure in the
vicinity of a strategic port, including bridges, roads, and
rail, and any issues relating to the capacity and condition
of such infrastructure.

Subtitle E--Limitations and Extensions of Authority

SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES
CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS
BY CIVIL AIRCRAFT.

(a) In General.--Chapter 159 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2697. Acceptance and use of landing fees charged for
use of domestic military airfields by civil aircraft

``(a) Authority.--The Secretary of a military department
may impose landing fees for the use by civil aircraft of
domestic military airfields under the jurisdiction of that
Secretary and may use any fees received under this section as
a source of funding for the operation and maintenance of
airfields of that department.
``(b) Uniform Landing Fees.--The Secretary of Defense shall
prescribe the amount of the landing fees that may be imposed
under this section. Such fees shall be uniform among the
military departments.
``(c) Use of Proceeds.--Amounts received for a fiscal year
in payment of landing fees imposed under this section for the
use of a military airfield shall be credited to the
appropriation that is available for that fiscal year for the
operation and maintenance of that military airfield, shall be
merged with amounts in the appropriation to which credited,
and shall be available for that military airfield for the
same period and purposes as the appropriation is available.
``(d) Limitation.--The Secretary of a military department
shall determine whether consideration for a landing fee has
been received in a lease, license, or other real estate
agreement for an airfield and shall use such a determination
to offset appropriate amounts imposed under subsection (a)
for that airfield.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2697. Acceptance and use of landing fees charged for use of domestic
military airfields by civil aircraft.''.

SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398;
10 U.S.C. 4551 note), as amended by section 341 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 69) and section 354 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2264), is further amended--
(1) in subsection (a), by striking ``2011'' and inserting
``2012''; and
(2) in subsection (g)(1), by striking ``2011'' and
inserting ``2012''.

[[Page H8647]]

SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY
HUMAN TERRAIN SYSTEM.

(a) Limitation.--Of the amounts authorized to be
appropriated for the Human Terrain System (hereinafter in
this section referred to as the ``HTS'') that are described
in subsection (b), not more than 85 percent of the amounts
remaining unobligated as of the date of enactment of this Act
may be obligated until the Secretary of the Army submits to
the congressional defense committees each of the following:
(1) A validation of all HTS requirements, including any
prior joint urgent operational needs statements.
(2) A certification that policies, procedures, and guidance
are in place to protect the integrity of social science
researchers participating in HTS, including ethical
guidelines and human studies research procedures.
(b) Covered Authorizations or Appropriations.--The amounts
authorized to be appropriated described in this subsection
are amounts authorized to be appropriated for fiscal year
2011, including such amounts authorized to be appropriated
for oversees contingency operations, for--
(1) operation and maintenance for HTS;
(2) procurement for Mapping the Human Terrain hardware and
software; and
(3) research, development, test, and evaluation for Mapping
the Human Terrain hardware and software.

SEC. 344. LIMITATION ON OBLIGATION OF FUNDS PENDING
SUBMISSION OF CLASSIFIED JUSTIFICATION
MATERIAL.

Of the amounts authorized to be appropriated in this title
for fiscal year 2011 for the Office of the Secretary of
Defense, of the amount that corresponds with budget activity
four, line 270, in the budget transmitted to Congress by the
President for fiscal year 2011, not more than 90 percent may
be obligated until 15 days after the information cited in the
classified annex accompanying this Act relating to the
provision of classified justification material to Congress is
provided to the congressional defense committees.

SEC. 345. REQUIREMENTS FOR TRANSFERRING AIRCRAFT WITHIN THE
AIR FORCE INVENTORY.

(a) Requirements.--In proposing the transfer of ownership
of any aircraft from ownership by a reserve component of the
Air Force to ownership by a regular component of the Air
Force, including such a transfer to be made on a temporary
basis, the Secretary of the Air Force shall ensure that a
written agreement regarding such transfer of ownership has
been entered into between the Director of the Air National
Guard, the Commander of the Air Force Reserve Command, and
the Chief of Staff of the Air Force. Any such agreement shall
specify each of the following:
(1) The number of and type of aircraft to be transferred.
(2) In the case of any aircraft transferred on a temporary
basis--
(A) the schedule under which the aircraft will be returned
to the ownership of the reserve component;
(B) a description of the condition, including the estimated
remaining service life, in which any such aircraft will be
returned to the reserve component; and
(C) a description of the allocation of resources, including
the designation of responsibility for funding aircraft
operation and maintenance and a detailed description of
budgetary responsibilities, for the period for which the
ownership of the aircraft is transferred to the regular
component.
(3) The designation of responsibility for funding depot
maintenance requirements or modifications to the aircraft
generated as a result of the transfer, including any such
requirements and modifications required during the period for
which the ownership of the aircraft is transferred to the
regular component.
(4) Any location from which the aircraft will be
transferred.
(5) The effects on manpower that such a transfer may have
at any facility identified under paragraph (4).
(6) The effects on the skills and proficiencies of the
reserve component personnel affected by the transfer.
(7) Any other items the Director of the Air National Guard
or the Commander of the Air Force Reserve Command determines
are necessary in order to execute such a transfer.
(b) Submittal of Agreements to Congress.--The Secretary of
the Air Force may not take any action to transfer the
ownership of an aircraft as described in subsection (a) until
the Secretary submits to the congressional defense committees
an agreement entered into pursuant to such subsection
regarding the transfer of ownership of the aircraft.

SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS
OF MILITARY REQUIREMENTS.

(a) Commercial Sale of Small Arms Ammunition.--Small arms
ammunition and ammunition components in excess of military
requirements, including fired cartridge cases, which are not
otherwise prohibited from commercial sale or certified by the
Secretary of Defense as unserviceable or unsafe, may not be
demilitarized or destroyed and shall be made available for
commercial sale.
(b) Deadline for Guidance.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall issue guidance to ensure compliance with
subsection (a). Not later than 15 days after issuing such
guidance, the Secretary shall submit to the congressional
defense committees a letter of compliance providing notice of
such guidance.
(c) Preference.--No small arms ammunition and ammunition
components in excess of military requirements may be made
available for commercial sale under this section before such
ammunition and ammunition components are offered for transfer
or purchase, as authorized by law, to another Federal
department or agency or for sale to State and local law
enforcement, firefighting, homeland security, and emergency
management agencies pursuant to section 2576 of title 10,
United States Code, as amended by this Act.

Subtitle F--Other Matters

SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS
FOR CERTAIN INDIVIDUALS.

(a) Expedited Processing of Security Clearances.--Section
1564 of title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Expedited Process.--The Secretary of Defense may
prescribe a process for expediting the completion of the
background investigations necessary for granting security
clearances for--
``(1) Department of Defense personnel and Department of
Defense contractor personnel who are engaged in sensitive
duties that are critical to the national security; and
``(2) any individual who--
``(A) submits an application for a position as an employee
of the Department of Defense for which--
``(i) the individual is qualified; and
``(ii) a security clearance is required; and
``(B) is--
``(i) a member of the armed forces who was retired or
separated, or is expected to be retired or separated, for
physical disability pursuant to chapter 61 of this title;
``(ii) the spouse of a member of the armed forces who
retires or is separated, after the date of the enactment of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011, for a physical disability as a result of a wound,
injuries or illness incurred or aggravated in the line of
duty (as determined by the Secretary concerned); or
``(iii) the spouse of a member of the armed forces who
dies, after the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011, as a
result of a wound, injury, or illness incurred or aggravated
in the line of duty (as determined by the Secretary
concerned).''; and
(2) by adding at the end the following new subsection:
``(f) Use of Appropriated Funds.--The Secretary of Defense
may use funds authorized to be appropriated to the Department
of Defense for operation and maintenance to conduct
background investigations under this section for individuals
described in subsection (a)(2).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to a background investigation
conducted after the date of the enactment of this Act.

SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION
OF CIVILIAN PASSENGERS AND COMMERCIAL CARGOES
BY DEPARTMENT OF DEFENSE WHEN SPACE UNAVAILABLE
ON COMMERCIAL LINES.

(a) Transportation on DOD Vehicles and Aircraft.--
Subsection (a) of section 2649 of title 10, United States
Code, is amended--
(1) by inserting ``Authority.--'' before ``Whenever''; and
(2) by inserting ``, vehicles, or aircraft'' in the first
sentence after ``vessels'' both places it appears.
(b) Amounts Charged for Transportation in Emergency,
Disaster, or Humanitarian Response Cases.--
(1) Limitation on amounts charged.--The second sentence of
subsection (a) of such section is amended by inserting before
the period the following: ``, except that in the case of
transportation provided in response to an emergency, a
disaster, or a request for humanitarian assistance, any
amount charged for such transportation may not exceed the
cost of providing the transportation''.
(2) Crediting of receipts.--Subsection (b) of such section
is amended by striking ``Amounts'' and inserting ``Crediting
of Receipts.--Any amount received under this section with
respect to transportation provided in response to an
emergency, a disaster, or a request for humanitarian
assistance may be credited to the appropriation, fund, or
account used in incurring the obligation for which such
amount is received. In all other cases, amounts''.
(c) Transportation During Contingencies or Disaster
Responses.--Such section is further amended by adding at the
end the following new subsection:
``(c) Transportation of Allied Personnel During
Contingencies or Disaster Responses.--During the 5-year
period beginning on the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011, when space is available on vessels, vehicles, or
aircraft operated by the Department of Defense and the
Secretary of Defense determines that operations in the area
of a contingency operation or disaster response would be
facilitated if allied forces or civilians were to be
transported using such vessels, vehicles, or aircraft, the
Secretary may provide such transportation on a
noninterference basis, without charge.''.

[[Page H8648]]

(d) Conforming Amendment.--Section 2648 of such title is
amended by inserting ``, vehicles, or aircraft'' after
``vessels'' in the matter preceding paragraph (1).
(e) Technical Amendments.--
(1) The heading of section 2648 of such title is amended to
read as follows:

``Sec. 2648. Persons and supplies: sea, land, and air
transportation''.

(2) The heading of section 2649 of such title is amended to
read as follows:

``Sec. 2649. Civilian passengers and commercial cargoes:
transportation on Department of Defense vessels, vehicles,
and aircraft''.

(f) Clerical Amendments.--The table of sections at the
beginning of chapter 157 of such title is amended by striking
the items relating to sections 2648 and 2649 and inserting
the following new items:

``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels, vehicles, and aircraft.''.

SEC. 353. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING
TO USE OF FLEXIBLE HIRING AUTHORITY TO
FACILITATE PERFORMANCE OF CERTAIN DEPARTMENT OF
DEFENSE FUNCTIONS BY CIVILIAN EMPLOYEES.

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

SEC. 354. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR
LOSS OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED
CASES NOT COVERED BY CARRIER LIABILITY.

(a) Claims Authority.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2740. Property loss: reimbursement of members and
civilian employees for full replacement value of household
effects when contractor reimbursement not available

``The Secretary of Defense and the Secretaries of the
military departments, in paying a claim under section 3721 of
title 31 arising from loss or damage to household goods
stored or transported at the expense of the Department of
Defense, may pay the claim on the basis of full replacement
value in any of the following cases in which reimbursement
for the full replacement value for the loss or damage is not
available directly from a carrier under section 2636a of this
title:
``(1) A case in which--
``(A) the lost or damaged goods were stored or transported
under a contract, tender, or solicitation in accordance with
section 2636a of this title that requires the transportation
service provider to settle claims on the basis of full
replacement value; and
``(B) the loss or damage occurred under circumstances that
exclude the transportation service provider from liability.
``(2) A case in which--
``(A) the loss or damage occurred while the lost or damaged
goods were in the possession of an ocean carrier that was
transporting, loading, or unloading the goods under a
Department of Defense contract for ocean carriage; and
``(B) the land-based portions of the transportation were
under contracts, in accordance with section 2636a of this
title, that require the land carriers to settle claims on the
basis of full replacement value.
``(3) A case in which--
``(A) the lost or damaged goods were transported or stored
under a contract or solicitation that requires at least one
of the transportation service providers or carriers that
handled the shipment to settle claims on the basis of full
replacement value pursuant to section 2636a of this title;
``(B) the lost or damaged goods have been in the custody of
more than one independent contractor or transportation
service provider; and
``(C) a claim submitted to the delivering transportation
service provider or carrier is denied in whole or in part
because the loss or damage occurred while the lost or damaged
goods were in the custody of a prior transportation service
provider or carrier or government entity.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2740. Property loss: reimbursement of members and civilian employees
for full replacement value of household effects when
contractor reimbursement not available.''.
(b) Effective Date.--Section 2740 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to losses incurred after the date of the enactment of
this Act.

SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF
DEFENSE PROPERTY.

(a) In General.--Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2790. Recovery of improperly disposed of Department of
Defense property

``(a) Prohibition.--No member of the armed forces, civilian
employee of the United States Government, contractor
personnel, or other person may sell, lend, pledge, barter, or
give any clothing, arms, articles, equipment, or other
military or Department of Defense property except in
accordance with the statutes and regulations governing
Government property.
``(b) Transfer of Title or Interest Ineffective.--If
property has been disposed of in violation of subsection (a),
the person holding the property has no right or title to, or
interest in, the property.
``(c) Authority for Seizure of Improperly Disposed of
Property.--If any person is in the possession of military or
Department of Defense property without right or title to, or
interest in, the property because it has been disposed of in
material violation of subsection (a), any Federal, State, or
local law enforcement official may seize the property
wherever found. Unless an exception to the warrant
requirement under the fourth amendment to the Constitution
applies, seizure may be made only--
``(1) pursuant to--
``(A) a warrant issued by the district court of the United
States for the district in which the property is located, or
for the district in which the person in possession of the
property resides or is subject to service; or
``(B) pursuant to an order by such court, issued after a
determination of improper transfer under subsection (e); and
``(2) after such a court has issued such a warrant or
order.
``(d) Inapplicability to Certain Property.--Subsections (b)
and (c) shall not apply to--
``(1) property on public display by public or private
collectors or museums in secured exhibits; or
``(2) property in the collection of any museum or veterans
organization or held in a private collection for the purpose
of public display, provided that any such property, the
possession of which could undermine national security or
create a hazard to public health or safety, has been fully
demilitarized.
``(e) Determinations of Violations.--(1) The district court
of the United States for the district in which the property
is located, or the district in which the person in possession
of the property resides or is subject to service, shall have
jurisdiction, regardless of the current approximated or
estimated value of the property, to determine whether
property was disposed of in violation of subsection (a). Any
such determination shall be by a preponderance of the
evidence.
``(2) Except as provided in paragraph (3), in the case of
property, the possession of which could undermine national
security or create a hazard to public health or safety, the
determination under paragraph (1) may be made after the
seizure of the property, as long as the United States files
an action seeking such determination within 90 days after
seizure of the property. If the person from whom the property
is seized is found to have been lawfully in possession of the
property and the return of the property could undermine
national security or create a hazard to public health or
safety, the Secretary of Defense shall reimburse the person
for the market value for the property.
``(3) Paragraph (2) shall not apply to any firearm,
ammunition, or ammunition component, or firearm part or
accessory that is not prohibited for commercial sale.
``(f) Delivery of Seized Property.--Any law enforcement
official who seizes property under subsection (c) and is not
authorized to retain it for the United States shall deliver
the property to an authorized member of the armed forces or
other authorized official of the Department of Defense or the
Department of Justice.
``(g) Scope of Enforcement.--This section shall apply to
the following:
``(1) Any military or Department of Defense property
disposed of on or after the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 in a manner that is not in accordance with statutes and
regulations governing Government property in effect at the
time of the disposal of such property.
``(2) Any significant military equipment disposed of on or
after January 1, 2002, in a manner that is not in accordance
with statutes and regulations governing Government property
in effect at the time of the disposal of such significant
military equipment.
``(h) Rule of Construction.--The authority of this section
is in addition to any other authority of the United States
with respect to property to which the United States may have
right or title.
``(i) Definitions.--In this section:
``(1) The term `significant military equipment' means
defense articles on the United States Munitions List for
which special export controls are warranted because of their
capacity for substantial military utility or capability.
``(2) The term `museum' has the meaning given that term in
section 273(1) of the Museum Services Act (20 U.S.C.
9172(1)).
``(3) The term `fully demilitarized' means, with respect to
equipment or material, the destruction of the military
offensive or defensive advantages inherent in the equipment
or material, including, at a minimum, the destruction or
disabling of key points of such equipment or material, such
as the fuselage, tail assembly, wing spar, armor, radar and
radomes, armament and armament provisions, operating systems
and software, and classified items.
``(4) The term `veterans organization' means any
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of
title 38.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 165 of

[[Page H8649]]

such title is amended by inserting after the item relating to
section 2789 the following new item:

``2790. Recovery of improperly disposed of Department of Defense
property.''.

SEC. 356. OPERATIONAL READINESS MODELS.

(a) Review of Models.--Not later than September 30, 2011,
the Director of the Congressional Budget Office shall conduct
a study to identify, compare, and contrast the budget
preparation tools and models used by each of the military
departments to determine funding levels for operational
readiness requirements during the programming, planning,
budgeting, and execution process and report the findings to
the congressional defense committees. In carrying out such
study, the Director shall--
(1) assess whether any additional or alternative verified
and validated operational readiness model used by any
military department for budgeting for flying or ground
equipment hours, steaming days, equipment operations,
equipment maintenance, and depot maintenance should be
incorporated into the budget process of that military
department; and
(2) identify any shortcomings or deficiencies in the
approach of each military department in building the
operational readiness budget for that department.
(b) Congressional Briefing.--Not later than April 1, 2012,
in conjunction with the submission by the Secretary of
Defense of the budget justification documents for fiscal year
2013, the Secretaries of each of the military departments, or
designated representatives thereof, shall brief the
congressional defense committees on their respective
responses to the study conducted by the Director of the
Congressional Budget Office. Each such briefing shall
include--
(1) a description of how the military department concerned
plans to address any deficiencies in the development of the
operational readiness budget of such department identified in
the study; and
(2) a description of how the modeling tools identified in
the study could be used by the military department to improve
the development of the operational readiness budget for the
department.

SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF
HIGH-ALTITUDE AVIATION TRAINING SITE, COLORADO.

(a) Findings.--Congress makes the following findings:
(1) The High-Altitude Aviation Training Site in Gypsum,
Colorado, is the only Department of Defense aviation school
that provides an opportunity for rotor-wing military pilots
to train in high-altitude, mountainous terrain, under full
gross weight and power management operations.
(2) The High-Altitude Aviation Training Site is operated by
the Colorado Army National Guard and is available to pilots
of all branches of the Armed Forces and to pilots of allied
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the High-Altitude Army Aviation Training Site continues
to be critically important to ensuring the readiness and
capabilities of rotor-wing military pilots; and
(2) the Department of Defense should take all appropriate
actions to prevent encroachment on the High-Altitude Army
Aviation Training Site.

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

(a) Objective.--It shall be an objective of the Department
of Defense to ensure that the robust development of renewable
energy sources and the increased resiliency of the commercial
electrical grid may move forward in the United States, while
minimizing or mitigating any adverse impacts on military
operations and readiness.
(b) Designation of Senior Official and Lead Organization.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense, and
a lead organization of the Department of Defense, to--
(A) serve as the executive agent to carry out the review
required by subsection (d);
(B) serve as a clearinghouse to coordinate Department of
Defense review of applications for projects filed with the
Secretary of Transportation pursuant to section 44718 of
title 49, United States Code, and received by the Department
of Defense from the Secretary of Transportation; and
(C) accelerate the development of planning tools necessary
to determine the acceptability to the Department of Defense
of proposals included in an application for a project
submitted pursuant to such section.
(2) Resources.--The Secretary shall ensure that the senior
official and lead organization designated under paragraph (1)
are assigned such personnel and resources as the Secretary
considers appropriate to carry out this section.
(c) Initial Actions.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the senior official and lead organization
designated pursuant to subsection (b), shall--
(1) conduct a preliminary review of each application for a
project filed with the Secretary of Transportation pursuant
to section 44718 of title 49, United States Code, that may
have an adverse impact on military operations and readiness,
unless such project has been granted a determination of no
hazard. Such review shall, at a minimum, for each such
project--
(A) assess the likely scope and duration of any adverse
impact of such project on military operations and readiness;
and
(B) identify any feasible and affordable actions that could
be taken in the immediate future by the Department, the
developer of such project, or others to mitigate such adverse
impact and to minimize risks to national security while
allowing such project to proceed with development;
(2) develop, in coordination with other departments and
agencies of the Federal Government, an integrated review
process to ensure timely notification and consideration of
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49, United States Code, that may
have an adverse impact on military operations and readiness;
(3) establish procedures for the Department of Defense for
the coordinated consideration of and response to a request
for a review received from State and local officials or the
developer of a renewable energy development or other energy
project, including guidance to personnel at each military
installation in the United States on how to initiate such
procedures and ensure a coordinated Department response while
seeking to fulfil the objective under subsection (a); and
(4) develop procedures for conducting early outreach to
parties carrying out projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49, United
States Code, that could have an adverse impact on military
operations and readiness, and to the general public, to
clearly communicate notice on actions being taken by the
Department of Defense under this section and to receive
comments from such parties and the general public on such
actions.
(d) Comprehensive Review.--
(1) Strategy required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the senior official and lead organization
designated pursuant to subsection (b), shall develop a
comprehensive strategy for addressing the military impacts of
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49, United States Code.
(2) Elements.--In developing the strategy required by
paragraph (1), the Secretary of Defense shall--
(A) assess of the magnitude of interference posed by
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49, United States Code;
(B) identify geographic areas selected as proposed
locations for projects filed, or which may be filed in the
future, with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, where such
projects could have an adverse impact on military operations
and readiness and categorize the risk of adverse impact in
such areas as high, medium, or low for the purpose of
informing early outreach efforts under subsection (c)(4) and
preliminary assessments under subsection (e); and
(C) specifically identify feasible and affordable long-term
actions that may be taken to mitigate adverse impacts of
projects filed, or which may be filed in the future, with the
Secretary of Transportation pursuant to section 44718 of
title 49, United States Code, on military operations and
readiness, including--
(i) investment priorities of the Department of Defense with
respect to research and development;
(ii) modifications to military operations to accommodate
applications for such projects;
(iii) recommended upgrades or modifications to existing
systems or procedures by the Department of Defense;
(iv) acquisition of new systems by the Department and other
departments and agencies of the Federal Government and
timelines for fielding such new systems; and
(v) modifications to the projects for which such
applications are filed, including changes in size, location,
or technology.
(e) Department of Defense Hazard Assessment.--
(1) Preliminary assessment.--The procedures established
pursuant to subsection (c) shall ensure that not later than
30 days after receiving a proper application for a project
filed with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, the Secretary
of Defense shall review the project and provide a preliminary
assessment of the level of risk of adverse impact on military
operations and readiness that would arise from the project
and the extent of mitigation that may be needed to address
such risk.
(2) Determination of unacceptable risk.--The procedures
established pursuant to subsection (c) shall ensure that the
Secretary of Defense does not object to a project filed with
the Secretary of Transportation pursuant to section 44718 of
title 49, United States Code, except in a case in which the
Secretary of Defense determines, after giving full
consideration to mitigation actions identified pursuant to
this section, that such project would result in an
unacceptable risk to the national security of the United
States.
(3) Congressional notice requirement.--Not later than 30
days after making a determination of unacceptable risk under
paragraph (2), the Secretary of Defense shall submit to the
congressional defense committees

[[Page H8650]]

a report on such determination and the basis for such
determination. Such a report shall include an explanation of
the operational impact that led to the determination, a
discussion of the mitigation options considered, and an
explanation of why the mitigation options were not feasible
or did not resolve the conflict.
(4) Non-delegation of determinations.--The responsibility
for making a determination of unacceptable risk under
paragraph (2) may only be delegated to an appropriate senior
officer of the Department of Defense, on the recommendation
of the senior official designated pursuant to subsection (b).
The following individuals are appropriate senior officers of
the Department of Defense for the purposes of this paragraph:
(A) The Deputy Secretary of Defense.
(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(C) The Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(f) Reports.--
(1) Report to congress.--Not later than March 15 each year
from 2011 through 2015, the Secretary of Defense shall submit
to the congressional defense committees a report on the
actions taken by the Department of Defense during the
preceding year to implement this section and the
comprehensive strategy developed pursuant to this section.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of a review carried out by the Secretary of
Defense of any projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49, United
States Code--
(i) that the Secretary of Defense has determined would
result in an unacceptable risk to the national security; and
(ii) for which the Secretary of Defense has recommended to
the Secretary of Transportation that a hazard determination
be issued;
(B) an assessment of the risk associated with the loss or
modifications of military training routes and a
quantification of such risk;
(C) an assessment of the risk associated with solar power
and similar systems as to the effects of glint on military
readiness;
(D) an assessment of the risk associated with
electromagnetic interference on military readiness, including
the effects of testing and evaluation ranges;
(E) an assessment of any risks posed by the development of
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49, United States Code, to the
prevention of threats and aggression directed toward the
United States and its territories; and
(F) a description of the distance from a military
installation that the Department of Defense will use to
prescreen applicants under section 44718 of title 49, United
States Code.
(g) Authority to Accept Contributions of Funds.--The
Secretary of Defense is authorized to accept a voluntary
contribution of funds from an applicant for a project filed
with the Secretary of Transportation pursuant to section
44718 of title 49, United States Code. Amounts so accepted
shall be available for the purpose of offsetting the cost of
measures undertaken by the Secretary of Defense to mitigate
adverse impacts of such project on military operations and
readiness.
(h) Effect of Department of Defense Hazard Assessment.--An
action taken pursuant to this section shall not be considered
to be a substitute for any assessment or determination
required of the Secretary of Transportation under section
44718 of title 49, United States Code.
(i) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(j) Definitions.--In this section:
(1) The term ``military training route'' means a training
route developed as part of the Military Training Route
Program, carried out jointly by the Federal Aviation
Administration and the Secretary of Defense, for use by the
Armed Forces for the purpose of conducting low-altitude,
high-speed military training.
(2) The term ``military installation'' has the meaning
given that term in section 2801(c)(4) of title 10, United
States Code.
(3) The term ``military readiness'' includes any training
or operation that could be related to combat readiness,
including testing and evaluation activities.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.

Subtitle B--Reserve Forces

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.

Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 324,300.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 332,200.''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2011, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 65,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 71,200.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2011, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,688.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,584.
(6) The Air Force Reserve, 2,992.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2011 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,720.
(4) For the Air National Guard of the United States,
22,394.

SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.

(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2011, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2011, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2011, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2011, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any

[[Page H8651]]

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

Subtitle B--Reserve Component Management

Subtitle C--Joint Qualified Officers and Requirements

Subtitle D--General Service Authorities

Subtitle E--Military Justice and Legal Matters

Subtitle F--Member Education and Training Opportunities and
Administration

Subtitle G--Defense Dependents' Education

Subtitle H--Decorations and Awards

Subtitle I--Military Family Readiness Matters

Subtitle J--Other Matters

Subtitle A--Officer Personnel Policy Generally

SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT FOR
HEALTH PROFESSIONS OFFICERS.

(a) Age for Original Appointment as Health Professions
Officer.--Section 532(d)(2) of title 10, United States Code,
is amended by striking ``reserve''.
(b) Mandatory Retirement Age for Health Professions
Officers.--
(1) Additional categories of officers eligible for deferral
of mandatory retirement for age.--Paragraph (2) of section
1251(b) of such title is amended--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(D) an officer in a category of officers designated by
the Secretary of the military department concerned for the
purposes of this paragraph as consisting of officers whose
duties consist primarily of--
``(i) providing health care;
``(ii) performing other clinical care; or
``(iii) performing health care-related administrative
duties.''.
(2) Conforming amendment.--Paragraph (1) of such section is
amended by striking ``the officer will be performing duties
consisting primarily of providing patient care or performing
other clinical duties.'' and inserting ``the officer--
``(A) will be performing duties consisting primarily of
providing patient care or performing other clinical duties;
or
``(B) is in a category of officers designated under
subparagraph (D) of paragraph (2) whose duties will consist
primarily of the duties described in clause (i), (ii), or
(iii) of such subparagraph.''.

[[Page H8652]]

SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN
THE GRADE OF W-1 BY COMMISSION AND
STANDARDIZATION OF WARRANT OFFICER APPOINTING
AUTHORITY.

(a) Regular Officers.--
(1) Authority for appointments by commission in warrant
officer w-1 grade.--The first sentence of section 571(b) of
title 10, United States Code, is amended by striking ``by the
Secretary concerned'' and inserting ``, except that with
respect to an armed force under the jurisdiction of the
Secretary of a military department, the Secretary concerned
may provide by regulation that appointments in that grade in
that armed force shall be made by commission''.
(2) Appointing authority.--The second sentence of such
section is amended by inserting before the period at the end
the following: ``, and appointments (whether by warrant or
commission) in the grade of regular warrant officer, W-1,
shall be made by the President, except that appointments in
that grade in the Coast Guard shall be made by the Secretary
concerned''.
(b) Reserve Officers.--Subsection (b) of section 12241 of
such title is amended to read as follows:
``(b) Appointments in permanent reserve warrant officer
grades shall be made in the same manner as is prescribed for
regular warrant officer grades by section 571(b) of this
title.''.
(c) Presidential Functions.--Except as otherwise provided
by the President by Executive order, the provisions of
Executive Order 13384 (10 U.S.C. 531 note) relating to the
functions of the President under the second sentence of
section 571(b) of title 10, United States Code, shall apply
in the same manner to the functions of the President under
section 12241(b) of title 10, United States Code.

SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS,
DELIBERATIONS, NOTES, AND RECORDS OF SPECIAL
SELECTION BOARDS.

(a) Nondisclosure of Board Proceedings.--Section 613a of
title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition on Disclosure.--The proceedings of a
selection board convened under section 573, 611, or 628 of
this title may not be disclosed to any person not a member of
the board, except as authorized or required to process the
report of the board. This prohibition is a statutory
exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection
boards convened under section 573, 611, or 628 of this title,
regardless of the date on which the board was convened.''.
(b) Reports of Boards.--Section 628(c)(2) of such title is
amended by striking ``sections 576(d) and 576(f)'' and
inserting ``sections 576(d), 576(f), and 613a''.
(c) Reserve Boards.--Section 14104 of such title is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition on Disclosure.--The proceedings of a
selection board convened under section 14101 or 14502 of this
title may not be disclosed to any person not a member of the
board, except as authorized or required to process the report
of the board. This prohibition is a statutory exemption from
disclosure, as described in section 552(b)(3) of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection
boards convened under section 14101 or 14502 of this title,
regardless of the date on which the board was convened.''.

SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION
LIST.

(a) Active-duty List.--Section 629 of title 10, United
States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Administrative Removal.--Under regulations prescribed
by the Secretary concerned, if an officer on the active-duty
list is discharged or dropped from the rolls or transferred
to a retired status after having been recommended for
promotion to a higher grade under this chapter, but before
being promoted, the officer's name shall be administratively
removed from the list of officers recommended for promotion
by a selection board.''.
(b) Reserve Active-status List.--Section 14310 of such
title is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Administrative Removal.--Under regulations prescribed
by the Secretary concerned, if an officer on the reserve
active-status list is discharged or dropped from the rolls or
transferred to a retired status after having been recommended
for promotion to a higher grade under this chapter or having
been found qualified for Federal recognition in the higher
grade under title 32, but before being promoted, the
officer's name shall be administratively removed from the
list of officers recommended for promotion by a selection
board.''.

SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED FOR
APPOINTMENT TO GENERAL AND FLAG OFFICER GRADES
TO WEAR INSIGNIA OF HIGHER GRADE BEFORE
APPOINTMENT.

(a) Limited Authority for Officers Selected for Appointment
to Grades Above Major General and Rear Admiral.--
(1) In general.--Chapter 45 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 777a. Wearing of insignia of higher grade before
appointment to a grade above major general or rear admiral
(frocking): authority; restrictions

``(a) Authority.--An officer serving in a grade below the
grade of lieutenant general or, in the case of the Navy, vice
admiral, who has been selected for appointment to the grade
of lieutenant general or general, or, in the case of the
Navy, vice admiral or admiral, and an officer serving in the
grade of lieutenant general or vice admiral who has been
selected for appointment to the grade of general or admiral,
may be authorized, under regulations and policies of the
Department of Defense and subject to subsection (b), to wear
the insignia for that higher grade for a period of up to 14
days before assuming the duties of a position for which the
higher grade is authorized. An officer who is so authorized
to wear the insignia of a higher grade is said to be
`frocked' to that grade.
``(b) Restrictions.--An officer may not be authorized to
wear the insignia for a grade as described in subsection (a)
unless--
``(1) the Senate has given its advice and consent to the
appointment of the officer to that grade;
``(2) the officer has received orders to serve in a
position outside the military department of that officer for
which that grade is authorized;
``(3) the Secretary of Defense (or a civilian officer
within the Office of the Secretary of Defense whose
appointment was made with the advice and consent of the
Senate and to whom the Secretary delegates such approval
authority) has given approval for the officer to wear the
insignia for that grade before assuming the duties of a
position for which that grade is authorized; and
``(4) the Secretary of Defense has submitted to Congress a
written notification of the intent to authorize the officer
to wear the insignia for that grade.
``(c) Benefits Not to Be Construed as Accruing.--(1)
Authority provided to an officer as described in subsection
(a) to wear the insignia of a higher grade may not be
construed as conferring authority for that officer to--
``(A) be paid the rate of pay provided for an officer in
that grade having the same number of years of service as that
officer; or
``(B) assume any legal authority associated with that
grade.
``(2) The period for which an officer wears the insignia of
a higher grade under such authority may not be taken into
account for any of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked.--The total
number of officers who are authorized to wear the insignia
for a higher grade under this section shall count against the
limitation in section 777(d) of this title on the total
number of officers authorized to wear the insignia of a
higher grade.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``777a. Wearing of insignia of higher grade before appointment to a
grade above major general or rear admiral (frocking):
authority; restrictions.''.
(b) Repeal of Waiting Period Following Congressional
Notification for Officers Selected for Appointment to General
and Flag Officer Grades Below Lieutenant General and Vice
Admiral.--Section 777(b)(3)(B) of such title is amended by
striking ``and a period of 30 days has elapsed after the date
of the notification''.

SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF
ACTIVE SERVICE AS A COMMISSIONED OFFICER
REQUIRED FOR VOLUNTARY RETIREMENT AS AN
OFFICER.

(a) Army.--Section 3911(b)(2) of title 10, United States
Code, is amended by striking ``January 6, 2006, and ending on
December 31, 2008'' and inserting ``the date of the enactment
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 and ending on September 30, 2013''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such
title is amended by striking ``January 6, 2006, and ending on
December 31, 2008'' and inserting ``the date of the enactment
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 and ending on September 30, 2013''.
(c) Air Force.--Section 8911(b)(2) of such title is amended
by striking ``January 6, 2006, and ending on December 31,
2008'' and inserting ``the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 and ending on September 30, 2013''.

[[Page H8653]]

Subtitle B--Reserve Component Management

SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY
RESERVE FLAG OFFICER ALLOCATION.

Section 12004(c) of title 10, United States Code, is
amended--
(1) by striking paragraphs (2), (3), and (5); and
(2) by redesignating paragraph (4) as paragraph (2).

SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY
TECHNICIANS (DUAL STATUS) TO POSITIONS OUTSIDE
AIR FORCE RESERVE UNIT PROGRAM.

Section 10216(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a military technician
(dual status) who is employed by the Air Force Reserve in an
area other than the Air Force Reserve unit program, except
that not more than 50 of such technicians may be assigned
outside of the unit program at the same time.''.

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

(a) Exception for Temporary Employment.--Section 10217 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) is hired as a temporary employee pursuant to the
exception for temporary employment provided by subsection (d)
and subject to the terms and conditions of such
subsection.''; and
(2) by adding at the end the following new subsection:
``(d) Exception for Temporary Employment.--(1)
Notwithstanding section 10218 of this title, the Secretary of
the Army or the Secretary of the Air Force may employ, for a
period not to exceed two years, a person to fill a vacancy
created by the mobilization of a military technician (dual
status) occupying a position under section 10216 of this
title.
``(2) The duration of the temporary employment of a person
in a military technician position under this subsection may
not exceed the shorter of the following:
``(A) The period of mobilization of the military technician
(dual status) whose vacancy is being filled by the temporary
employee.
``(B) Two years.
``(3) No person may be hired under the authority of this
subsection after the end of the 2-year period beginning on
the date of the enactment of this subsection.''.
(b) Exception From Permanent Limitation on Number of Non-
dual Status Technicians.--Subsection (c) of such section is
amended by adding at the end the following new paragraph:
``(3) An individual employed as a non-dual status
technician as described in subsection (a)(3) shall not be
consider a non-dual status technician for purposes of
paragraphs (1) and (2).''.

SEC. 514. REVISION OF STRUCTURE AND FUNCTIONS OF THE RESERVE
FORCES POLICY BOARD.

(a) Revision of Structure.--
(1) In general.--Section 10301 of title 10, United States
Code, is amended to read as follows:

``Sec. 10301. Reserve Forces Policy Board

``(a) In General.--As provided in section 175 of this
title, there is in the Office of the Secretary of Defense a
board known as the `Reserve Forces Policy Board' (in this
section referred to as the `Board').
``(b) Functions.--The Board shall serve as an independent
adviser to the Secretary of Defense to provide advice and
recommendations to the Secretary on strategies, policies, and
practices designed to improve and enhance the capabilities,
efficiency, and effectiveness of the reserve components.
``(c) Membership.--The Board consists of 20 members,
appointed or designated as follows:
``(1) A civilian appointed by the Secretary of Defense from
among persons determined by the Secretary to have the
knowledge of, and experience in, policy matters relevant to
national security and reserve component matters necessary to
carry out the duties of chair of the Board, who shall serve
as chair of the Board.
``(2) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Army--
``(A) one of whom shall be a member of the Army National
Guard of the United States or a former member of the Army
National Guard of the United States in the Retired Reserve;
and
``(B) one of whom shall be a member or retired member of
the Army Reserve.
``(3) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Navy--
``(A) one of whom shall be an active or retired officer of
the Navy Reserve; and
``(B) one of whom shall be an active or retired officer of
the Marine Corps Reserve.
``(4) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Air Force--
``(A) one of whom shall be a member of the Air National
Guard of the United States or a former member of the Air
National Guard of the United States in the Retired Reserve;
and
``(B) one of whom shall be a member or retired member of
the Air Force Reserve.
``(5) One active or retired reserve officer or enlisted
member of the Coast Guard designated by the Secretary of
Homeland Security.
``(6) Ten persons appointed or designated by the Secretary
of Defense, each of whom shall be a United States citizen
having significant knowledge of and experience in policy
matters relevant to national security and reserve component
matters and shall be one of the following:
``(A) An individual not employed in any Federal or State
department or agency.
``(B) An individual employed by a Federal or State
department or agency.
``(C) An officer of a regular component of the armed forces
on active duty, or an officer of a reserve component of the
armed forces in an active status, who--
``(i) is serving or has served in a senior position on the
Joint Staff, the headquarters staff of a combatant command,
or the headquarters staff of an armed force; and
``(ii) has experience in joint professional military
education, joint qualification, and joint operations matters.
``(7) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general or flag officer recommended by
the chair and designated by the Secretary of Defense, who
shall serve without vote--
``(A) as military adviser to the chair;
``(B) as military executive officer of the Board; and
``(C) as supervisor of the operations and staff of the
Board.
``(8) A senior enlisted member of a reserve component
recommended by the chair and designated by the Secretary of
Defense, who shall serve without vote as enlisted military
adviser to the chair.
``(d) Matters To Be Acted on.--The Board may act on those
matters referred to it by the chair and on any matter raised
by a member of the Board or the Secretary of Defense.
``(e) Staff.--The Board shall be supported by a staff
consisting of one full-time officer from each of the reserve
components listed in paragraphs (1) through (6) of section
10101 of this title who holds the grade of colonel (or in the
case of the Navy, the grade of captain) or who has been
selected for promotion to that grade. These officers shall
also serve as liaisons between their respective components
and the Board. They shall perform their staff and liaison
duties under the supervision of the military executive
officer of the Board in an independent manner reflecting the
independent nature of the Board.
``(f) Relationship to Service Reserve Policy Committees and
Boards.--This section does not affect the committees and
boards prescribed within the military departments by sections
10302 through 10305 of this title, and a member of such a
committee or board may, if otherwise eligible, be a member of
the Board.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on July 1, 2011.
(b) Revision to Annual Report Requirement.--Section
113(c)(2) of title 10, United States Code, is amended by
striking ``the reserve programs of the Department of Defense
and on any other matters'' and inserting ``on any reserve
component matter''.

SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN OFFICER
TRANSFERS FROM ACTIVE-DUTY LIST TO RESERVE
ACTIVE-STATUS LIST.

Section 12201(a)(2) of title 10, United States Code, is
amended by striking ``An officer transferred from the active-
duty list of an armed force to a reserve active-status list
of an armed force under section 647 of this title'' and
inserting ``If an officer is transferred from the active-duty
list of an armed force to a reserve active-status list of an
armed force in accordance with regulations prescribed by the
Secretary of Defense, the officer''.

SEC. 516. LEAVE OF MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES.

(a) Carryover of Accumulated Leave to Succeeding Period of
Active Service.--Section 701 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(k) A member of a reserve component who accumulates leave
during a period of active service may carry over any leave so
accumulated to the member's next period of active service,
subject to the accumulation limits in subsections (b), (d),
and (f), without regard to separation or release from active
service if the separation or release is under honorable
conditions. The taking of leave carried over under this
subsection shall be subject to the provisions of this
section.''.
(b) Payment for Unused Accrued Leave.--Section 501(a) of
title 37, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) in the case of an officer or an enlisted member of a
reserve component who is not serving on active duty,
separation or release from the reserve component under
honorable conditions, or death; and
``(5) in the case of an enlisted member of a reserve a
component who is not serving on

[[Page H8654]]

active duty, termination of enlistment in conjunction with
the commencement of a successive enlistment, or appointment
as an officer.''.

SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED
STATES MERCHANT MARINE ACADEMY INTO THE
NATIONAL GUARD.

Section 305(a)(5) of title 32, United States Code, is
amended by striking ``or the United States Coast Guard
Academy'' and inserting ``the United States Coast Guard
Academy, or the United States Merchant Marine Academy''.

Subtitle C--Joint Qualified Officers and Requirements

SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS
FOR PURPOSES OF JOINT OFFICER MANAGEMENT.

Section 668(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``multiple'' in the matter preceding
subparagraph (A) and inserting ``integrated''; and
(B) by striking ``and'' at the end of the subparagraph (D)
and inserting ``or''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) In the context of joint matters, the term `integrated
military forces' refers to military forces that are involved
in the planning or execution (or both) of operations
involving participants from--
``(A) more than one military department; or
``(B) a military department and one or more of the
following:
``(i) Other departments and agencies of the United States.
``(ii) The military forces or agencies of other countries.
``(iii) Non-governmental persons or entities.''.

SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR
JOINT QUALIFIED OFFICERS AND OFFICERS WITH
JOINT STAFF EXPERIENCE.

(a) Board Composition.--Subsection (c) of section 612 of
title 10, United States Code, is amended to read as follows:
``(c)(1) Each selection board convened under section 611(a)
of this title that will consider an officer described in
paragraph (2) shall include at least one officer designated
by the Chairman of the Joint Chiefs of Staff who is a joint
qualified officer.
``(2) Paragraph (1) applies with respect to an officer
who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) The Secretary of Defense may waive the requirement in
paragraph (1) in the case of--
``(A) any selection board of the Marine Corps; or
``(B) any selection board that is considering officers in
specialties identified in paragraph (2) or (3) of section
619a(b) of this title.''.
(b) Information Furnished to Selection Boards.--Section 615
of such title is amended in subsections (b)(5) and (c) by
striking ``in joint duty assignments of officers who are
serving, or have served, in such assignments'' and inserting
``of officers who are serving on, or have served on, the
Joint Staff or are joint qualified officers''.
(c) Action on Report of Selection Boards.--Section 618(b)
of such title is amended--
(1) in paragraph (1), by striking ``are serving, or have
served, in joint duty assignments'' and inserting ``are
serving on, or have served on, the Joint Staff or are joint
qualified officers'';
(2) in subparagraphs (A) and (B) of paragraph (2), by
striking ``in joint duty assignments of officers who are
serving, or have served, in such assignments'' and inserting
``of officers who are serving on, or have served on, the
Joint Staff or are joint qualified officers''; and
(3) in paragraph (4), by striking ``in joint duty
assignments'' and inserting ``who are serving on, or have
served on, the Joint Staff or are joint qualified officers''.

Subtitle D--General Service Authorities

SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED
MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY IN
HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.

(a) Extension of Authority.--Section 688a(f) of title 10,
United States Code, is amended by striking ``December 31,
2010'' and inserting ``December 31, 2011''.
(b) Report Required.--Not later than April 1, 2011, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing an assessment by the Secretary of the need
to extend the authority provided by section 688a of title 10,
United States Code, beyond December 31, 2011. The report
shall include, at a minimum, the following:
(1) A list of the current types of high-demand, low-density
capabilities (as defined in such section) for which the
authority is being used to address operational requirements.
(2) For each high-demand, low-density capability included
in the list under paragraph (1), the number of retired
members of the Armed Forces who have served on active duty at
any time during each of fiscal years 2007 through 2010 under
the authority.
(3) A plan to increase the required active duty strength
for the high-demand, low-density capabilities included in the
list under paragraph (1) to eliminate the need to use the
authority.

SEC. 532. NON-CHARGEABLE REST AND RECUPERATION ABSENCE FOR
CERTAIN MEMBERS UNDERGOING EXTENDED DEPLOYMENT
TO A COMBAT ZONE.

(a) In General.--Chapter 40 of title 10, United States
Code, is amended by inserting after section 705 the following
new section:

``Sec. 705a. Rest and recuperation absence: certain members
undergoing extended deployment to a combat zone

``(a) Rest and Recuperation Authorized.--Under regulations
prescribed by the Secretary of Defense, the Secretary
concerned may provide a member of the armed forces described
in subsection (b) the benefits described in subsection (c).
``(b) Covered Members.--A member of the armed forces
described in this subsection is any member who--
``(1) is assigned or deployed for at least 270 days in an
area or location--
``(A) that is designated by the President as a combat zone;
and
``(B) in which hardship duty pay is authorized to be paid
under section 305 of title 37; and
``(2) meets such other criteria as the Secretary of Defense
may prescribe in the regulations required by subsection (a).
``(c) Benefits.--The benefits described in this subsection
are the following:
``(1) A period of rest and recuperation absence for not
more than 15 days.
``(2) Round-trip transportation at Government expense from
the area or location in which the member is serving in
connection with the exercise of the period of rest and
recuperation.
``(d) Construction With Other Leave.--Any benefits provided
a member under this section are in addition to any other
leave or absence to which the member may be entitled.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 705 the following new item:

``705a. Rest and recuperation absence: certain members undergoing
extended deployment to a combat zone.''.

SEC. 533. CORRECTION OF MILITARY RECORDS.

(a) Members Eligible to Request Review of Retirement or
Separation Without Pay for Physical Disability.--Section
1554(a) of title 10, United States Code, is amended--
(1) by striking ``an officer'' and inserting ``a member or
former member of the uniformed services''; and
(2) by striking ``his case'' and inserting ``the member's
case''.
(b) Limitation on Reduction in Personnel Assigned to Duty
With Service Review Agency.--1559(a) of such title is amended
by striking ``December 31, 2010'' and inserting ``December
31, 2013''.

SEC. 534. DISPOSITION OF MEMBERS FOUND TO BE FIT FOR DUTY WHO
ARE NOT SUITABLE FOR DEPLOYMENT OR WORLDWIDE
ASSIGNMENT FOR MEDICAL REASONS.

(a) Disposition.--
(1) In general.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1214 the
following new section:

``Sec. 1214a. Members determined fit for duty in Physical
Evaluation Board evaluation: prohibition on involuntary
administrative separation due to unsuitability based on
medical conditions considered in evaluation

``(a) Disposition.--Except as provided in subsection (c),
the Secretary of the military department concerned may not
authorize the involuntary administrative separation of a
member described in subsection (b) based on a determination
that the member is unsuitable for deployment or worldwide
assignment based on the same medical condition of the member
considered by a Physical Evaluation Board during the
evaluation of the member.
``(b) Covered Members.--A member covered by subsection (a)
is any member of the armed forces who has been determined by
a Physical Evaluation Board pursuant to a physical evaluation
by the board to be fit for duty.
``(c) Reevaluation.--(1) The Secretary of the military
department concerned may direct the Physical Evaluation Board
to reevaluate any member described in subsection (b) if the
Secretary has reason to believe that a medical condition of
the member considered by the Physical Evaluation Board during
the evaluation of the member described in that subsection
renders the member unsuitable for continued military service
based on the medical condition.
``(2) A member determined pursuant to reevaluation under
paragraph (1) to be unfit to perform the duties of the
member's office, grade, rank, or rating may be retired or
separated for physical disability under this chapter.
``(3) The Secretary of Defense shall be the final approval
authority for any case determined by the Secretary of a
military department to warrant administrative separation
based on a determination that the member is unsuitable for
continued service due to the same medical condition of the
member considered by a Physical Evaluation Board that found
the member fit for duty.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1214 the following new
item:

[[Page H8655]]

``1214a. Members determined fit for duty in Physical Evaluation Board
evaluation: prohibition on involuntary administrative
separation due to unsuitability based on medical
conditions considered in evaluation.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to members evaluated for fitness
for duty by Physical Evaluation Boards on or after that date.

SEC. 535. REVIEW OF LAWS, POLICIES, AND REGULATIONS
RESTRICTING SERVICE OF FEMALE MEMBERS OF THE
ARMED FORCES.

(a) Review Required.--The Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall conduct a review of laws, policies, and
regulations, including the collocation policy, that may
restrict the service of female members of the Armed Forces to
determine whether changes in such laws, policies, and
regulations are needed to ensure that female members have an
equitable opportunity to compete and excel in the Armed
Forces.
(b) Submission of Results.--Not later than April 15, 2011,
the Secretary of Defense shall submit to the congressional
defense committees a report containing the results of the
review.

Subtitle E--Military Justice and Legal Matters

SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO
COMPLETE DISCIPLINARY ACTION.

Section 580 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) A warrant officer subject to discharge or retirement
under this section, but against whom any action has been
commenced with a view to trying the officer by court-martial,
may be continued on active duty, without prejudice to such
action, until the completion of such action.''.

SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY
JUSTICE PROCEEDINGS.

(a) In General.--Section 848 of title 10, United States
Code (article 48 of the Uniform Code of Military Justice), is
amended to read as follows:

``Sec. 848. Art. 48. Contempts

``(a) Authority to Punish Contempt.--A judge detailed to a
court-martial, a court of inquiry, the United States Court of
Appeals for the Armed Forces, a military Court of Criminal
Appeals, a provost court, or a military commission may punish
for contempt any person who--
``(1) uses any menacing word, sign, or gesture in the
presence of the judge during the proceedings of the court-
martial, court, or military commission;
``(2) disturbs the proceedings of the court-martial, court,
or military commission by any riot or disorder; or
``(3) willfully disobeys the lawful writ, process, order,
rule, decree, or command of the court-martial, court, or
military commission.
``(b) Punishment.--The punishment for contempt under
subsection (a) may not exceed confinement for 30 days, a fine
of $1,000, or both.
``(c) Inapplicability to Military Commissions Under Chapter
47A.--This section does not apply to a military commission
established under chapter 47A of this title.''.
(b) Effective Date.--Section 848 of title 10, United States
Code (article 48 of the Uniform Code of Military Justice), as
amended by subsection (a), shall apply with respect to acts
of contempt committed after the date of the enactment of this
Act.

SEC. 543. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC
VIOLENCE PROGRAMS.

(a) Implementation of Outstanding Comptroller General
Recommendations.--Consistent with the recommendations
contained in the report of the Comptroller General of the
United States titled ``Status of Implementation of GAO's 2006
Recommendations on the Department of Defense's Domestic
Violence Program'' (GAO-10-577R), the Secretary of Defense
shall complete, not later than one year after the date of
enactment of this Act, implementation of actions to address
the following recommendations:
(1) Defense incident-based reporting system.--The Secretary
of Defense shall develop a comprehensive management plan to
address deficiencies in the data captured in the Defense
Incident-Based Reporting System to ensure the system can
provide an accurate count of domestic violence incidents, and
any consequent disciplinary action, that are reported
throughout the Department of Defense.
(2) Adequate personnel.--The Secretary of Defense shall
develop a plan to ensure that adequate personnel are
available to implement recommendations made by the Defense
Task Force on Domestic Violence.
(3) Domestic violence training data for chaplains.--The
Secretary of Defense shall develop a plan to collect domestic
violence training data for chaplains.
(4) Oversight framework.--The Secretary of Defense shall
develop an oversight framework for Department of Defense
domestic violence programs, to include oversight of
implementation of recommendations made by the Defense Task
Force on Domestic Violence, including budgeting,
communication initiatives, and policy compliance.
(b) Implementation Report.--The Secretary of Defense shall
submit to the congressional defense committees an
implementation report within 90 days of the completion of
actions outlined in subsection (a).

Subtitle F--Member Education and Training Opportunities and
Administration

SEC. 551. ENHANCEMENTS OF DEPARTMENT OF DEFENSE UNDERGRADUATE
NURSE TRAINING PROGRAM.

(a) Clarification of Degree Covered by Program.--Subsection
(a) of section 2016 of title 10, United States Code, is
amended by striking ``a nursing degree'' and inserting ``a
bachelor of science degree in nursing''.
(b) Graduation Rates of Training Programs.--Subsection (b)
of such section is amended by inserting ``in nursing'' after
``bachelor of science degree''.
(c) Location of Programs.--Subsection (d) of such section
is amended to read as follows:
``(d) Location of Programs.--(1) An academic institution
selected to operate an undergraduate nurse training program
shall establish the program at or near a military
installation that has a military treatment facility
designated as a medical center with inpatient capability and
multiple graduate medical education programs located on the
installation or within reasonable proximity to the
installation.
``(2) Before approving a location as the site of an
undergraduate nurse training program, the Secretary of
Defense shall conduct an assessment to ensure that the
establishment of the program at that location will not
adversely impact or displace existing nurse training
programs, either conducted by the Department of Defense or by
a civilian entity, at the location.''.
(d) Pilot Program.--
(1) Implementation.--Paragraph (2) of section 525(d) of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2287; 10 U.S.C. 2016 note) is
amended by striking ``July 1, 2011'' and inserting ``December
31, 2011''.
(2) Graduation rates.--Paragraph (3) of such section is
amended--
(A) by striking the ``The pilot program shall achieve'' and
inserting ``The goal of the pilot program is to achieve'';
and
(B) by striking ``nurse training program'' and inserting
``nurse training programs''.

SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.

(a) Enlisted Members on Active Duty in Specified Military
Specialties.--Section 2171 of title 10, United States Code,
is amended by adding at the end the following new
subsections:
``(g) Except a person described in subsection (e) who
transfers to service making the person eligible for repayment
of loans under section 16301 of this title, a member of the
armed forces who fails to complete the period of service
required to qualify for loan repayment under this section
shall be subject to the repayment provisions of section
303a(e) of title 37.
``(h) The Secretary of Defense may prescribe, by
regulations, procedures for implementing this section,
including standards for qualified loans and authorized payees
and other terms and conditions for making loan repayments.
Such regulations may include exceptions that would allow for
the payment as a lump sum of any loan repayment due to a
member under a written agreement that existed at the time of
a member's death or disability.''.
(b) Members of Selected Reserve.--Section 16301 of such
title is amended by adding at the end the following new
subsections:
``(h) Except a person described in subsection (e) who
transfers to service making the person eligible for repayment
of loans under section 2171 of this title, a member of the
armed forces who fails to complete the period of service
required to qualify for loan repayment under this section
shall be subject to the repayment provisions of section
303a(e) of title 37.
``(i) The Secretary of Defense may prescribe, by
regulations, procedures for implementing this section,
including standards for qualified loans and authorized payees
and other terms and conditions for making loan repayments.
Such regulations may include exceptions that would allow for
the payment as a lump sum of any loan repayment due to a
member under a written agreement that existed at the time of
a member's death or disability.''.

SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM
RECIPIENTS IN ACTIVE DUTY HEALTH PROFESSION
LOAN REPAYMENT PROGRAM.

Section 2173(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The person is enrolled in the Armed Forces Health
Professions Scholarship and Financial Assistance Program
under subchapter I of chapter 105 of this title for a number
of years less than is required to complete the normal length
of the course of study required for the health profession
concerned.''.

SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACADEMY
GRADUATES WHO PARTICIPATE IN THE ARMED FORCES
HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.

(a) Military Academy Graduates.--Section 4348(a) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in a program under
section 2121 of this title, the cadet will fulfill any

[[Page H8656]]

unserved obligation incurred under this section on active
duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation
in such program.''.
(b) Naval Academy Graduates.--Section 6959(a) of such title
is amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the midshipman participates in a program
under section 2121 of this title, the midshipman will fulfill
any unserved obligation incurred under this section on active
duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation
in such program.''.
(c) Air Force Academy Graduates.--Section 9348(a) of such
title is amended by adding at the end the following new
paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in a program under
section 2121 of this title, the cadet will fulfill any
unserved obligation incurred under this section on active
duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation
in such program.''.

Subtitle G--Defense Dependents' Education

SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED
FORCES WHO RESIDE IN TEMPORARY HOUSING IN
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.

Section 2164(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) Under the circumstances described in subparagraph
(B), the Secretary may, at the discretion of the Secretary,
permit a dependent of a member of the armed forces to enroll
in an educational program provided by the Secretary pursuant
to this subsection without regard to the requirement in
paragraph (1) with respect to residence on a military
installation.
``(B) Subparagraph (A) applies only if--
``(i) the dependents reside in temporary housing
(regardless of whether the temporary housing is on Federal
property)--
``(I) because of the unavailability of adequate permanent
living quarters on the military installation to which the
member is assigned; or
``(II) while the member is wounded, ill, or injured; and
``(ii) the Secretary determines that the circumstances of
such living arrangements justify extending the enrollment
authority to include the dependents.''.

SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.

(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2011 pursuant to section 301(5)
for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--Of the amount authorized to be appropriated for
fiscal year 2011 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $10,000,000 shall be
available only for the purpose of providing assistance to
local educational agencies under subsection (b) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 563. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated for fiscal year
2011 pursuant to section 301(5) for operation and maintenance
for Defense-wide activities, $10,000,000 shall be available
for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-77;
20 U.S.C. 7703a).

Subtitle H--Decorations and Awards

SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF
BRONZE STAR MEDAL.

(a) Limitation on Eligible Persons.--Section 1133 of title
10, United States Code, is amended to read as follows:

``Sec. 1133. Bronze Star: limitation on persons eligible to
receive

``The decoration known as the `Bronze Star' may only be
awarded to a member of a military force who--
``(1) at the time of the events for which the decoration is
to be awarded, was serving in a geographic area in which
special pay is authorized under section 310 or paragraph (1)
or (3) of section 351(a) of title 37; or
``(2) receives special pay under section 310 or paragraph
(1) or (3) of section 351(a) of title 37 as a result of those
events.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 57 of such title is amended by striking
the item relating to section 1133 and inserting the following
new item:

``1133. Bronze Star: limitation on persons eligible to receive.''.
(c) Application of Amendment.--The amendment made by
subsection (a) applies to the award of the Bronze Star after
October 30, 2000.

SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF
DISTINGUISHED-SERVICE CROSS TO SHINYEI
MATAYOSHI FOR ACTS OF VALOR DURING WORLD WAR
II.

(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
Secretary of the Army is authorized and requested to award
the Distinguished-Service Cross under section 3742 of that
title to Shinyei Matayoshi for the acts of valor referred to
in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Tech Sergeant Shinyei
Matayoshi on April 7, 1945, as a member of Company G, 2d
Battalion, 442d Regimental Combat Team during World War II.

SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF
DISTINGUISHED-SERVICE CROSS TO JAY C. COPLEY
FOR ACTS OF VALOR DURING THE VIETNAM WAR.

(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
Secretary of the Army is authorized and requested to award
the Distinguished-Service Cross under section 3742 of such
title to former Captain Jay C. Copley of the United States
Army for the acts of valor during the Vietnam War described
in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of then Captain Jay C.
Copley on May 5, 1968, as commander of Company C of the 1st
Battalion, 50th Infantry, attached to the 173d Airborne
Brigade during an engagement with a regimental-size enemy
force in Bin Dinh Province, South Vietnam.

SEC. 574. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE
KOREAN WAR.

(a) Commemorative Program Authorized.--The Secretary of
Defense may establish and conduct a program to commemorate
the 60th anniversary of the Korean War (in this section
referred to as the ``commemorative program''). In conducting
the commemorative program, the Secretary of Defense shall
coordinate and support other programs and activities of the
Federal Government, State and local governments, and other
persons and organizations in commemoration of the Korean War.
(b) Schedule.--If the Secretary of Defense establishes the
commemorative program, the Secretary shall determine the
schedule of major events and priority of efforts for the
commemorative program to achieve the commemorative objectives
specified in subsection (c). The Secretary of Defense may
establish a committee to assist the Secretary in determining
the schedule and conducting the commemorative program.
(c) Commemorative Activities and Objectives.--The
commemorative program may include activities and ceremonies
to achieve the following objectives:
(1) To thank and honor veterans of the Korean War,
including members of the Armed Forces who were held as
prisoners of war or listed as missing in action, for their
service and sacrifice on behalf of the United States.
(2) To thank and honor the families of veterans of the
Korean War for their sacrifices and contributions, especially
families who lost a loved one in the Korean War.
(3) To highlight the service of the Armed Forces during the
Korean War and the contributions of Federal agencies and
governmental and non-governmental organizations that served
with, or in support of, the Armed Forces.
(4) To pay tribute to the sacrifices and contributions made
on the home front by the people of the United States during
the Korean War.
(5) To provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
the Korean War.
(6) To highlight the advances in technology, science, and
medicine related to military research conducted during the
Korean War.
(7) To recognize the contributions and sacrifices made by
the allies of the United States during the Korean War.
(d) Use of The United States of America Korean War
Commemoration and Symbols.--Subsection (c) of section 1083 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1918), as amended by section
1067 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2134) and
section 1052 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 764), shall
apply to the commemorative program.
(e) Commemorative Fund.--

[[Page H8657]]

(1) Establishment of new account.--If the Secretary of
Defense establishes the commemorative program, the Secretary
the Treasury shall establish in the Treasury of the United
States an account to be known as the ``Department of Defense
Korean War Commemoration Fund'' (in this section referred to
as the ``Fund'').
(2) Administration and use of fund.--The Fund shall be
available to, and administered by, the Secretary of Defense.
The Secretary of Defense shall use the assets of the Fund
only for the purpose of conducting the commemorative program
and shall prescribe such regulations regarding the use of the
Fund as the Secretary of Defense considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary of
Defense of the exclusive rights described in subsection (c)
of section 1083 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1918).
(C) Donations made in support of the commemorative program
by private and corporate donors.
(4) Availability.--Subject to paragraph (5), amounts in the
Fund shall remain available until expended.
(5) Treatment of unobligated funds; transfer.--If
unobligated amounts remain in the Fund as of September 30,
2013, the Secretary of the Treasury shall transfer the
remaining amounts to the Department of Defense Vietnam War
Commemorative Fund established pursuant to section 598(e) of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 113 note). The transferred
amounts shall be merged with, and available for the same
purposes as, other amounts in the Department of Defense
Vietnam War Commemorative Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of
Defense may accept from any person voluntary services to be
provided in furtherance of the commemorative program. The
Secretary of Defense shall prohibit the solicitation of any
voluntary services if the nature or circumstances of such
solicitation would compromise the integrity or the appearance
of integrity of any program of the Department of Defense or
of any individual involved in the program.
(2) Compensation for work-related injury.--A person
providing voluntary services under this subsection shall be
considered to be a Federal employee for purposes of chapter
81 of title 5, United States Code, relating to compensation
for work-related injuries. The person shall also be
considered a special governmental employee for purposes of
standards of conduct and sections 202, 203, 205, 207, 208,
and 209 of title 18, United States Code. A person who is not
otherwise employed by the Federal Government shall not be
considered to be a Federal employee for any other purpose by
reason of the provision of voluntary services under this
subsection.
(3) Reimbursement of incidental expenses.--The Secretary of
Defense may provide for reimbursement of incidental expenses
incurred by a person providing voluntary services under this
subsection. The Secretary of Defense shall determine which
expenses are eligible for reimbursement under this paragraph.
(g) Report Required.--If the Secretary of Defense conducts
the commemorative program, the Inspector General of the
Department of Defense shall submit to Congress, not later
than 60 days after the end of the commemorative program, a
report containing an accounting of--
(1) all of the funds deposited into and expended from the
Fund;
(2) any other funds expended under this section; and
(3) any unobligated funds remaining in the Fund as of
September 30, 2013, that are transferred to the Department of
Defense Vietnam War Commemorative Fund pursuant to subsection
(e)(5).
(h) Limitation on Expenditures.--Using amounts appropriated
to the Department of Defense, the Secretary of Defense may
not expend more than $5,000,000 to carry out the
commemorative program.

Subtitle I--Military Family Readiness Matters

SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT OF
DEFENSE MILITARY FAMILY READINESS COUNCIL.

(a) Inclusion of Spouse of General or Flag Officer.--
Subsection (b) of section 1781a of title 10, United States
Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (E) as subparagraph (F);
and
(B) by inserting after subparagraph (D) the following new
subparagraph:
``(E) The spouse of a general or flag officer.''; and
(2) in paragraph (2), by striking ``subparagraphs (C) and
(D)'' and inserting ``subparagraphs (C), (D), and (E)''.
(b) Inclusion of Director of Office of Community Support
for Military Families With Special Needs.--Subsection (b)(1)
of such section is further amended by adding at the end the
following new subparagraph:
``(G) The Director of the Office of Community Support for
Military Families With Special Needs.''.
(c) Clarification of Appointment Options for Existing
Member.--Subparagraph (F) of subsection (b)(1) of such
section, as redesignated by subsection (a)(1)(A), is amended
to read as follows:
``(F) In addition to the representatives appointed under
subparagraphs (B) and (C), the senior enlisted advisor, or
the spouse of a senior enlisted member, from each of the
Army, Navy, Marine Corps, and Air Force.''.
(d) Appointment by Secretary of Defense.--Subsection (b) of
such section is further amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``, who shall be
appointed by the Secretary of Defense'';
(B) in subparagraph (C), by striking ``, who shall be
appointed by the Secretary of Defense'' both places it
appears; and
(C) in subparagraph (D), by striking ``by the Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary of Defense shall appoint the members of
the Council required by subparagraphs (B) through (F) of
paragraph (1).''.

SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY
FAMILIES WITH SPECIAL NEEDS.

(a) Director of the Office of Community Support for
Military Families With Special Needs.--Subsection (c) of
section 1781c of title 10, United States Code, is amended to
read as follows:
``(c) Director.--(1) The head of the Office shall be the
Director of the Office of Community Support for Military
Families With Special Needs, who shall be a member of the
Senior Executive Service or a general officer or flag
officer.
``(2) In the discharge of the responsibilities of the
Office, the Director shall be subject to the supervision,
direction, and control of the Under Secretary of Defense for
Personnel and Readiness.''.
(b) Additional Responsibility for Office.--Subsection (d)
of such section is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) To conduct periodic reviews of best practices in the
United States in the provision of medical and educational
services for children with special needs.''.
(c) Enhancement of Support.--Section 563 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2304) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Military Department Support for Local Centers to
Assist Military Children With Special Needs.--The Secretary
of a military department may establish or support centers on
or in the vicinity of military installations under the
jurisdiction of such Secretary to coordinate and provide
medical and educational services for children with special
needs of members of the Armed Forces who are assigned to such
installations.
``(d) Advisory Panel on Community Support for Military
Families With Special Needs.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this subsection, the Secretary of Defense
shall establish an advisory panel on community support for
military families with special needs.
``(2) Members.--The advisory panel shall consist of seven
individuals who are a member of a military family with
special needs. The Secretary of Defense shall appoint the
members of the advisory panel.
``(3) Duties.--The advisory panel shall--
``(A) provide informed advice to the Director of the Office
of Community Support for Military Families With Special Needs
on the implementation of the policy required by subsection
(e) of section 1781c of title 10, United States Code, and on
the discharge of the programs required by subsection (f) of
such section;
``(B) assess and provide information to the Director on
services and support for children with special needs that is
available from other departments and agencies of the Federal
Government and from State and local governments; and
``(C) otherwise advise and assist the Director in the
discharge of the duties of the Office of Community Support
for Military Families With Special Needs in such manner as
the Secretary of Defense and the Director jointly determine
appropriate.
``(4) Meetings.--The Director shall meet with the advisory
panel at such times, and with such frequency, as the Director
considers appropriate. The Director shall meet with the panel
at least once each year. The Director may meet with the panel
through teleconferencing or by other electronic means.''.

SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRATION
PROGRAM.

(a) Office for Reintegration Programs.--Subsection (d)(1)
of section 582 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note)
is amended--
(1) by striking ``The Under'' and inserting the following:
``(A) In general.--The Under''; and
(2) in the last sentence--
(A) by striking ``The office may also'' and inserting the
following:

[[Page H8658]]

``(B) Partnerships and access.--The office may'';
(B) by inserting ``and the Department of Veterans Affairs''
after ``Administration''; and
(C) by adding at the end the following new sentence:
``Service and State-based programs may provide access to
curriculum, training, and support for services to members and
families from all components.''.
(b) Center for Excellence in Reintegration.--Subsection
(d)(2) of such section is amended by adding at the end the
following new sentence: ``The Center shall develop and
implement a process for evaluating the effectiveness of the
Yellow Ribbon Reintegration Program in supporting the health
and well-being of members of the Armed Forces and their
families throughout the deployment cycle described in
subsection (g).''.
(c) State Deployment Cycle Support Teams.--Subsection
(f)(3) of such section is amended by inserting ``and
community-based organizations'' after ``service providers''.
(d) Operation of Program During Deployment and Post-
deployment-reconstitution Phases.--Subsection (g) of such
section is amended--
(1) in paragraph (3), by inserting ``and to decrease the
isolation of families during deployment'' after ``combat
zone''; and
(2) in paragraph (5)(A), by inserting ``, providing
information on employment opportunities,'' after
``communities''.
(e) Additional Outreach Service.--Subsection (h) of such
section, as amended by section 595(1) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2338), is amended by adding at the end the
following new paragraph:
``(15) Resiliency training to promote comprehensive
programs for members of the Armed Forces to build mental and
emotional resiliency for successfully meeting the demands of
the deployment cycle.''.

SEC. 584. EXPANSION AND CONTINUATION OF JOINT FAMILY SUPPORT
ASSISTANCE PROGRAM.

Section 675 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
119 Stat. 2273; 10 U.S.C. 1781 note) is amended--
(1) in subsection (b)--
(A) by striking ``not more than'' and inserting ``not less
than''; and
(B) by striking ``Up to'' and inserting ``At least''; and
(2) in subsection (h), by striking ``at the end of the
three-year period beginning on the date on which funds are
first obligated for the program'' and inserting ``on December
31, 2012''.

SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS.

(a) Review Required.--The Secretary of Defense shall carry
out a review of all education programs of the Department of
Defense and Department of Veterans Affairs designed to
support spouses of members of the Armed Forces.
(b) Elements of Review.--At a minimum, the review shall
evaluate the following:
(1) All education programs of the Department of Defense and
Department of Veterans Affairs that are in place to advance
educational opportunities for military spouses.
(2) The efficacy and effectiveness of such education
programs.
(3) The extent to which the availability of educational
opportunities for military spouses influences the decisions
of members to remain in the Armed Forces.
(4) A comparison of the costs associated with providing
military spouse education opportunities as an incentive to
retain members rather than recruiting or training new
members.
(c) Submission of Results.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report containing--
(1) the results of the review; and
(2) such recommendations as the Secretary considers
necessary for improving military spouse education programs.
(d) Consultation.--In conducting the review and preparing
the report, the Secretary of Defense shall consult with the
Secretary of Veterans Affairs regarding education programs of
Department of Veterans Affairs assisting spouses of members
of the Armed Forces.

SEC. 586. REPORT ON ENHANCING BENEFITS AVAILABLE FOR MILITARY
DEPENDENT CHILDREN WITH SPECIAL EDUCATION
NEEDS.

(a) Report Required.--Not later than September 30, 2011,
the Secretary of the Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report describing the needs of military families with
children with special education needs and evaluating options
to enhance the benefits available to such families and
children under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) in meeting such needs.
(b) Consultation.--The Secretary of Defense shall prepare
the report in consultation with the Secretary of Education.
(c) Elements.--In preparing the report, the Secretary of
Defense shall--
(1) identify and assess obstacles faced by military
families with children with special education needs in
obtaining a free appropriate public education to address such
needs;
(2) identify and assess evidence-based research and best
practices for providing special education and related
services (as those terms are defined in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401))
for military children with special education needs;
(3) assess timeliness in obtaining special education and
related services described in paragraph (2);
(4) determine and document the cost associated with
obtaining special education and related services described in
paragraph (2);
(5) assess the feasibility of establishing an
individualized education program for military children with
special education needs that is applicable across
jurisdictions of local educational agencies in order to
achieve reciprocity among States in acknowledging such
programs;
(6) identify means of improving oversight and compliance
with the requirements of section 614 of the Individuals with
Disabilities Education Act (20 U.S.C. 1414) relating to a
local educational agency supporting an existing
individualized education program for a child with special
education needs who is relocating to another State pursuant
to the permanent change of station of a military parent until
an individualized education program is developed and approved
for such child in the State to which the child relocates;
(7) assess the feasibility of establishing an expedited
process for resolution of complaints by military parents with
a child with special education needs about lack of access to
education and related services otherwise specified in the
individualized education program of the child;
(8) assess the feasibility of permitting the Department of
Defense to contact the State to which a military family with
a child with special education needs will relocate pursuant
to a permanent change of station when the orders for such
change of station are issued, but before the family takes
residence in such State, for the purpose of commencing
preparation for education and related services specified in
the individualized education program of the child;
(9) assess the feasibility of establishing a system within
the Department of Defense to document complaints by military
parents regarding access to free and appropriate public
education for their children with special education needs;
(10) identify means to strengthen the monitoring and
oversight of special education and related services for
military children with special education needs under the
Interstate Compact on Educational Opportunities for Military
Children; and
(11) consider such other matters as the Secretary of
Defense and the Secretary of Education jointly consider
appropriate.

SEC. 587. REPORTS ON CHILD DEVELOPMENT CENTERS AND FINANCIAL
ASSISTANCE FOR CHILD CARE FOR MEMBERS OF THE
ARMED FORCES.

(a) Reports Required.--Not later than six months after the
date of the enactment of this Act, and every two years
thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on Department of Defense child
development centers and financial assistance for child care
provided by the Department of Defense off-installation to
members of the Armed Forces.
(b) Elements.--Each report required by subsection (a) shall
include the following, current as of the date of such report:
(1) The number of child development centers currently
located on military installations.
(2) The number of dependents of members of the Armed Forces
utilizing such child development centers.
(3) The number of dependents of members of the Armed Forces
that are unable to utilize such child development centers due
to capacity limitations.
(4) The types of financial assistance available for child
care provided by the Department of Defense off-installation
to members of the Armed Forces (including eligible members of
the reserve components).
(5) The extent to which members of the Armed Forces are
utilizing such financial assistance for child care off-
installation.
(6) The methods by which the Department of Defense reaches
out to eligible military families to increase awareness of
the availability of such financial assistance.
(7) The formulas used to calculate the amount of such
financial assistance provided to members of the Armed Forces.
(8) The funding available for such financial assistance in
the Department of Defense and in the military departments.
(9) The barriers to access, if any, to such financial
assistance faced by members of the Armed Forces, including
whether standards and criteria of the Department of Defense
for child care off-installation may affect access to child
care.
(10) Any other matters the Secretary considers appropriate
in connection with such report, including with respect to the
enhancement of access to Department of Defense child care
development centers and financial assistance for child care
off-installation for members of the Armed Forces.

Subtitle J--Other Matters

SEC. 591. AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE AND COAST GUARD CIVILIAN
EMPLOYEES AND THEIR FAMILIES TO ACCEPT GIFTS
FROM NON-FEDERAL ENTITIES.

(a) Codification and Expansion of Existing Authority to
Cover Additional Members and Employees.--Chapter 155 of title

[[Page H8659]]

10, United States Code, is amended by inserting after section
2601 the following new section:

``Sec. 2601a. Direct acceptance of gifts by members of the
armed forces and Department of Defense and Coast Guard
employees and their families

``(a) Regulations Governing Acceptance of Gifts.--(1) The
Secretary of Defense (and the Secretary of Homeland Security
in the case of the Coast Guard) shall issue regulations to
provide that, subject to such limitations as may be specified
in such regulations, the following individuals may accept
gifts from nonprofit organizations, private parties, and
other sources outside the Department of Defense or the
Department of Homeland Security:
``(A) A member of the armed forces described in subsection
(b).
``(B) A civilian employee of the Department of Defense or
Coast Guard described in subsection (c).
``(C) The family members of such a member or employee.
``(D) Survivors of such a member or employee who is killed.
``(2) The regulations required by this subsection shall--
``(A) apply uniformly to all elements of the Department of
Defense and, to the maximum extent feasible, to the Coast
Guard; and
``(B) require review and approval by a designated agency
ethics official before acceptance of a gift to ensure that
acceptance of the gift complies with the Joint Ethics
Regulation.
``(b) Covered Members.--This section applies to a member of
the armed forces who, while performing active duty, full-time
National Guard duty, or inactive-duty training on or after
September 11, 2001, incurred an injury or illness--
``(1) as described in section 1413a(e)(2) of this title; or
``(2) under other circumstances determined by the Secretary
concerned to warrant treatment analogous to members covered
by paragraph (1).
``(c) Covered Employees.--This section applies to a
civilian employee of the Department of Defense or Coast Guard
who, while an employee on or after September 11, 2001,
incurred an injury or illness under a circumstance described
in paragraph (1) or (2) of subsection (c).
``(d) Gifts From Certain Sources Prohibited.--The
regulations issued under subsection (a) may not authorize the
acceptance of a gift from a foreign government or
international organization or their agents.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2601 the following new item:

``2601a. Direct acceptance of gifts by members of the armed forces and
Department of Defense and Coast Guard employees and their
families.''.

SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS
AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE
UNIVERSITY.

Section 2167(a) of title 10, United States Code, is amended
by striking ``20 full-time student positions'' and inserting
``35 full-time student positions''.

SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND
UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY.

(a) Admission Authority.--Chapter 901 of title 10, United
States Code, is amended by inserting after section 9314 the
following new section:

``Sec. 9314a. United States Air Force Institute of
Technology: admission of defense industry civilians

``(a) Admission Authorized.--(1) The Secretary of the Air
Force may permit defense industry employees described in
subsection (b) to receive instruction at the United States
Air Force Institute of Technology in accordance with this
section. Any such defense industry employee may be enrolled
in, and may be provided instruction in, a program leading to
a graduate degree in a defense focused curriculum related to
aeronautics and astronautics, electrical and computer
engineering, engineering physics, mathematics and statistics,
operational sciences, or systems and engineering management.
``(2) No more than 125 defense industry employees may be
enrolled at the United States Air Force Institute of
Technology at any one time under the authority of paragraph
(1).
``(3) Upon successful completion of the course of
instruction at the United States Air Force Institute of
Technology in which a defense industry employee is enrolled,
the defense industry employee may be awarded an appropriate
degree under section 9314 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of
this section, an eligible defense industry employee is an
individual employed by a private firm that is engaged in
providing to the Department of Defense significant and
substantial defense-related systems, products, or services. A
defense industry employee admitted for instruction at the
United States Air Force Institute of Technology remains
eligible for such instruction only so long at that person
remains employed by the same firm.
``(c) Annual Determination by the Secretary of the Air
Force.--Defense industry employees may receive instruction at
the United States Air Force Institute of Technology during
any academic year only if, before the start of that academic
year, the Secretary of the Air Force, or the designee of the
Secretary, determines that providing instruction to defense
industry employees under this section during that year--
``(1) will further the military mission of the United
States Air Force Institute of Technology; and
``(2) will be done on a space-available basis and not
require an increase in the size of the faculty of the school,
an increase in the course offerings of the school, or an
increase in the laboratory facilities or other infrastructure
of the school.
``(d) Program Requirements.--The Secretary of the Air Force
shall ensure that--
``(1) the curriculum in which defense industry employees
may be enrolled under this section is not readily available
through other schools and concentrates on the areas of focus
specified in subsection (a)(1) that are conducted by military
organizations and defense contractors working in close
cooperation; and
``(2) the course offerings at the United States Air Force
Institute of Technology continue to be determined solely by
the needs of the Department of Defense.
``(e) Tuition.--(1) The United States Air Force Institute
of Technology shall charge tuition for students enrolled
under this section at a rate not less than the rate charged
for employees of the United States outside the Department of
the Air Force.
``(2) Amounts received by the United States Air Force
Institute of Technology for instruction of students enrolled
under this section shall be retained by the school to defray
the costs of such instruction. The source, and the
disposition, of such funds shall be specifically identified
in records of the school.
``(f) Standards of Conduct.--While receiving instruction at
the United States Air Force Institute of Technology, defense
industry employees enrolled under this section, to the extent
practicable, are subject to the same regulations governing
academic performance, attendance, norms of behavior, and
enrollment as apply to Government civilian employees
receiving instruction at the school.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 9314 the following new item:

``9314a. United States Air Force Institute of Technology: admission of
defense industry civilians.''.

SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE CORPS.

Paragraph (5) of section 3068 of title 10, United States
Code, is amended--
(1) in subparagraph (A), by striking ``Pharmacy, Supply,
and Administration'' and inserting ``Administrative Health
Services'';
(2) in subparagraph (C), by striking ``Sanitary
Engineering'' and inserting ``Preventive Medicine Sciences'';
and
(3) in subparagraph (D), by striking ``Optometry'' and
inserting ``Clinical Health Sciences''.

SEC. 595. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT
OF DEFENSE STARBASE PROGRAM.

Section 2193b(g) of title 10, United States Code, is
amended by striking ``90 days after the end of each fiscal
year'' and inserting ``March 31 of each year''.

SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL
REPORT OF MILITARY LEADERSHIP DIVERSITY
COMMISSION.

Section 596(e)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4478) is amended by striking ``12 months'' and
inserting ``18 months''.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another
program.

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

[[Page H8660]]

Subtitle D--Disability, Retired Pay and Survivor Benefits

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

Subtitle F--Other Matters

Subtitle A--Pay and Allowances

SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES
FOR RESERVIST INCOME REPLACEMENT PAYMENTS ON
ACCOUNT OF AVAILABILITY OF COMPARABLE BENEFITS
UNDER ANOTHER PROGRAM.

(a) Ineligibility for Payments.--Section 910(b) of title
37, United States Code, is amended by adding at the end the
following new paragraph:
``(3) A civilian employee of the Federal Government who is
also a member of a reserve component is not entitled to a
payment under this section for any period for which the
employee is entitled to--
``(A) a differential payment under section 5538 of title 5;
or
``(B) a comparable benefit under an administratively
established program for civilian employees absent from a
position of employment with the Federal Government in order
to perform active duty in the uniformed services.''.
(b) Effective Date.--Subsection (b)(3) of section 910 of
title 37, United States Code, as added by subsection (a),
shall apply with respect to payments under such section for
months beginning on or after the date of the enactment of
this Act.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

The following sections of title 37, United States Code, are
amended by striking ``December 31, 2010'' and inserting
``December 31, 2011'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2010'' and inserting ``December 31, 2011'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2010'' and inserting ``December 31, 2011'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.

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

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

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

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

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

The following sections of title 37, United States Code, are
amended by striking ``December 31, 2010'' and inserting
``December 31, 2011'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF REFERRAL BONUSES.

The following sections of title 10, United States Code, are
amended by striking ``December 31, 2010'' and inserting
``December 31, 2011'':
(1) Section 1030(i), relating to health professions
referral bonus.
(2) Section 3252(h), relating to Army referral bonus.

Subtitle C--Travel and Transportation Allowances

SEC. 621. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND
TRANSPORTATION ALLOWANCES FOR INACTIVE DUTY
TRAINING OUTSIDE OF NORMAL COMMUTING DISTANCES.

Section 408a(e) of title 37, United States Code, is amended
by striking ``December 31, 2010'' and inserting ``December
31, 2011''.

SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE
AT YELLOW RIBBON REINTEGRATION EVENTS.

(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411k the following new
section:

``Sec. 411l. Travel and transportation allowances: attendance
of members and other persons at Yellow Ribbon Reintegration
Program events

``(a) Allowances Authorized.--(1) Under uniform regulations
prescribed by the Secretaries concerned, a member of the
uniformed services authorized to attend a Yellow Ribbon
Reintegration Program event may be provided travel and
transportation allowances in order that the member may attend
a Yellow Ribbon Reintegration Program event.
``(2) Under uniform regulations prescribed by the
Secretaries concerned, travel and transportation allowances
may be provided

[[Page H8661]]

for a person designated pursuant to subsection (b) in order
for the person to accompany a member in attending a Yellow
Ribbon Reintegration Program event if the Secretary concerned
determines that the presence of the person at the event may
contribute to the purposes of the event for the member.
``(b) Designation of Persons Eligible for Allowance.--A
member of the uniformed services who is eligible to attend a
Yellow Ribbon Reintegration Program event may designate one
or more persons, including another member of the uniformed
services, for purposes of receiving travel and transportation
allowances described in subsection (c) to attend a Yellow
Ribbon Reintegration Program event. The designation of a
person for purposes of this section shall be made in writing
and may be changed at any time.
``(c) Authorized Travel and Transportation.--(1) The
transportation authorized by subsection (a) is round-trip
transportation between the home or place of business of the
authorized person and the location of the Yellow Ribbon
Reintegration Program event.
``(2) In addition to transportation under paragraph (1),
the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the
travel, or a combination thereof, but not to exceed the rates
established under section 404(d) of this title.
``(3) The transportation authorized by paragraph (1) may be
provided by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(4) An allowance payable under this subsection may be
paid in advance.
``(5) Reimbursement payable under this subsection may not
exceed the cost of Government-procured commercial round-trip
air travel.
``(d) Yellow Ribbon Reintegration Program Event Defined.--
In this section, the term `Yellow Ribbon Reintegration
Program event' means an event authorized under section 582 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 10101 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 411k the following new item:

``411l. Travel and transportation allowances: attendance of members and
other persons at Yellow Ribbon Reintegration Program
events.''.
(b) Applicability.--No reimbursement may be provided under
section 411l of title 37, United States Code, as added by
subsection (a), for travel and transportation costs incurred
before September 30, 2010.

Subtitle D--Disability, Retired Pay and Survivor Benefits

SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR
MEMBERS WITH GREATER THAN 30 YEARS OF SERVICE
WHO RETIRE FOR DISABILITY.

(a) Computation of Retired Pay.--The table in section
1401(a) of title 10, United States Code, is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability'' both
places it appears; and
(2) by striking column 4.
(b) Recomputation of Retired or Retainer Pay to Reflect
Later Active Duty of Members Who First Became Members Before
September 8, 1980.--The table in section 1402(d) of such
title is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability''; and
(2) by striking column 4.
(c) Recomputation of Retired or Retainer Pay to Reflect
Later Active Duty of Members Who First Became Members After
September 7, 1980.--The table in section 1402a(d) of such
title is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75 percent,'' after ``percentage of
disability''; and
(2) by striking column 4.
(d) Application of Amendments.--The tables in sections
1401(a), 1402(d), and 1402a(d) of title 10, United States
Code, as in effect on the day before the date of the
enactment of this Act, shall continue to apply to the
computation or recomputation of retired or retainer pay for
persons who first became entitled to retired or retainer pay
under subtitle A of such title on or before the date of the
enactment of this Act. The amendments made by this section
shall apply only with respect to persons who first become
entitled to retired or retainer pay under such subtitle after
that date.

SEC. 632. PAYMENT DATE FOR RETIRED AND RETAINER PAY.

(a) Setting Payment Date.--Section 1412 of title 10, United
States Code, is amended--
(1) by striking ``Amounts'' and inserting ``(a) Rounding.--
Amounts''; and
(2) by adding at the end the following new subsection:
``(b) Payment Date.--Amounts of retired pay and retainer
pay due a retired member of the uniformed services shall be
paid on the first day of each month beginning after the month
in which the right to such pay accrues.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

``Sec. 1412. Administrative provisions''.

(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item relating to section 1412 and inserting the following
new item:

``1412. Administrative provisions.''.
(c) Effective Date.--Subsection (b) of section 1412 of
title 10, United States Code, as added by subsection (a),
shall apply beginning with the first month that begins more
than 30 days after the date of the enactment of this Act.

SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RESERVE
COMPONENT MEMBER TO ACTIVE DUTY TO RECEIVE
AUTHORIZED MEDICAL CARE ON REDUCING ELIGIBILITY
AGE FOR RECEIPT OF NON-REGULAR SERVICE RETIRED
PAY.

Section 12731(f)(2)(B) of title 10, United States Code, is
amended by adding at the end the following new clause:
``(iii) If a member described in subparagraph (A) is
wounded or otherwise injured or becomes ill while serving on
active duty pursuant to a call or order to active duty under
a provision of law referred to in the first sentence of
clause (i) or in clause (ii), and the member is then ordered
to active duty under section 12301(h)(1) of this title to
receive medical care for the wound, injury, or illness, each
day of active duty under that order for medical care shall be
treated as a continuation of the original call or order to
active duty for purposes of reducing the eligibility age of
the member under this paragraph.''.

SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS WITH
INJURIES OR ILLNESSES REQUIRING ASSISTANCE IN
EVERYDAY LIVING WITH MONTHLY PERSONAL CAREGIVER
STIPEND UNDER DEPARTMENT OF VETERANS AFFAIRS
PROGRAM OF COMPREHENSIVE ASSISTANCE FOR FAMILY
CAREGIVERS.

Subsection (c) of section 439 of title 37, United States
Code, is amended to read as follows:
``(c) Amount.--The amount of monthly special compensation
payable to a member under subsection (a) shall be the amount
as follows:
``(1) The monthly amount of aid and attendance payable
under section 1114(r)(2) of title 38.
``(2) Upon the establishment by the Secretary of Veterans
Affairs pursuant to subparagraph (C) of section 1720G(a)(3)
of title 38 of the schedule of monthly personal caregiver
stipends under the Department of Veterans Affairs program of
comprehensive assistance for family caregivers under
subparagraph (A)(ii)(V) of such section, the monthly personal
caregiver stipend payable with respect to similarly
circumstanced veterans under such schedule, rather than the
amount specified in paragraph (1).''.

SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE
REQUIREMENTS FOR RETIRED PAY FOR NON-REGULAR
SERVICE.

It is the sense of Congress that--
(1) the amendments made to section 12731 of title 10,
United States Code, by section 647 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 160) were intended to reduce the minimum age at
which members of a reserve component of the Armed Forces
would begin receiving retired pay according to time spent
deployed, by three months for every 90-day period spent on
active duty over the course of a career, rather than limiting
qualifying time to such periods wholly served within the same
fiscal year, as interpreted by the Department of Defense; and
(2) steps should be taken by the Department of Defense to
implement the congressional intent outlined in paragraph (1).

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

SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND
RECREATION TELEPHONE SERVICES FOR USE IN
CONTRACTS TO PROVIDE SUCH SERVICES FOR MILITARY
PERSONNEL SERVING IN COMBAT ZONES.

Section 885 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 265; 10
U.S.C. 2304 note) is amended by adding at the end the
following new subsection:
``(c) Morale, Welfare, and Recreation Telephone Services
Defined.--In this section, the term `morale, welfare, and
recreation telephone services' means unofficial telephone
calling center services supporting calling centers provided
by the Army and Air Force Exchange Service, Navy Exchange
Service Command, Marine Corps exchanges, or any other
nonappropriated fund instrumentality of the United States
under the jurisdiction of the Armed Forces which is conducted
for the comfort, pleasure, contentment, or physical or mental
improvement of members of the Armed Forces.''.

SEC. 642. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE
STORE IN THE NORTHERN MARIANA ISLANDS.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report containing the results of a study to determine the
feasibility of replacing the

[[Page H8662]]

``Shoppette'' of the Army and Air Force Exchange Service in
the Northern Mariana Islands with a full-service exchange
store.

SEC. 643. CONTINUATION OF COMMISSARY AND EXCHANGE OPERATIONS
AT BRUNSWICK NAVAL AIR STATION, MAINE.

(a) Continuation of Operations.--The Secretary of Defense
shall provide for the continuation of commissary and exchange
operations at Brunswick Naval Air Station, Maine, until the
later of the following:
(1) The closure of Brunswick Naval Air Station.
(2) The end of the 60-day period beginning on the date on
which the Secretary of Defense makes the determination under
subsection (b).
(b) Review and Determination.--Not earlier than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) review any report prepared by the Comptroller General
of the United States relating to commissary and exchange
operations at Brunswick Naval Air Station, Maine; and
(2) based on such review, make a determination regarding
whether such operations should be continued.

Subtitle F--Other Matters

SEC. 651. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR PERSONNEL
ASSIGNED TO SEA DUTY.

(a) Report Required.--Not later than July 1, 2011, the
Secretary of Defense shall submit to the congressional
defense committees a report containing the following:
(1) A review of the standards used to determine the monthly
rates of basic allowance for housing for personnel assigned
to sea duty (under section 403 of title 37, United States
Code).
(2) A review of the legislative framework and policies
applicable to eligibility and levels of compensation for
single and married personnel, with and without dependents,
who are assigned to sea duty.
(3) Any recommendation for modifications of title 37,
United States Code, relating to basic allowance for housing
for personnel who are assigned to sea duty that the Secretary
considers appropriate, including an estimate of the cost of
each modification.
(b) Elements of Reviews.--In conducting the reviews for
purposes of subsection (a), the Secretary shall consider
whether existing law, policies, and housing standards are
suitable in terms of the following:
(1) The cost and availability of housing ashore for
personnel assigned to sea duty.
(2) The pay and allowances (other than basic allowance for
housing) payable to personnel who are assigned to sea duty,
including basic pay, career sea pay, and the family
separation allowance.
(3) The comparability in levels of compensation for single
and married personnel, with and without dependents, who are
assigned to sea duty.
(4) The provision of appropriate quality of life and
retention incentives for members in all grades who are
assigned to sea duty.
(5) The provision of appropriate recognition and motivation
for promotion to higher military grades of personnel who are
assigned to sea duty.
(6) Budgetary constraints and rising personnel costs.

SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF
SPECIAL PAY FOR AVIATION CAREER OFFICERS
EXTENDING PERIOD OF ACTIVE DUTY.

(a) Report Required.--Not later than August 1, 2011, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the use and management
of the special pay programs authorized in section 301b of
title 37, United States Code, for aviation career officers
extending a period of active duty.
(b) Elements of Report.--The report required by subsection
(a) shall include the following:
(1) A review of the programs operated by the Secretaries of
the military departments, including--
(A) directives and guidelines issued by the Secretary of
Defense;
(B) the number of aviation officers receiving the special
pay, listed by weapon system;
(C) the weapon systems for which special pay is not
authorized and the number of aviation officers affected by
such exclusion;
(D) the policy and structure of the programs and the
retention philosophy supporting the policy and structure of
the programs;
(E) the amounts paid to individual aviation officers,
annually and over the course of a career; and
(F) the amounts budgeted annually for such programs.
(2) An accounting of aviation officers receiving the
special pay who have an active duty service commitment and
the totals of aviation officers and allocated funding by
types of active duty service commitment.
(3) A review of retention trends for aviation officers,
generally and by weapon system, within the military
departments and an assessment of the factors that influence
retention trends, and the reliability and durability of those
trends if such factors are altered.
(4) An assessment of the funds that can be saved by
restructuring or eliminating such programs to reduce payments
to aviation officers associated with those weapon systems
with strong retention trends and aviation officers with
active duty service commitments.
(5) A review of the demand for former military aviation
officers to fulfill commercial airline hiring requirements,
recent data regarding airline hiring of former military
aviation officers, and an assessment of the methods used by
airlines to qualify pilot candidates for employment as
commercial pilots.
(6) Any recommendations for modifications of title 37,
United States Code, relating to special pay for aviation
career officers extending a period of active duty.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Subtitle B--Health Care Administration

Subtitle C--Other Matters

Subtitle A--Improvements to Health Benefits

SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN
HEALTH CARE COSTS.

(a) Charges Under Contracts for Medical Care.--Section
1097(e) of title 10, United States Code, is amended by
striking ``September 30, 2009'' and inserting ``September 30,
2011''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such
title is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2011''.

SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER THE TRICARE
PROGRAM.

(a) Dependent Coverage.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1110b. TRICARE program: extension of dependent
coverage

``(a) In General.--In accordance with subsection (c), an
individual described in subsection (b) shall be deemed to be
a dependent (as described in section 1072(2)(D) of this
title) for purposes of coverage under the TRICARE program.
``(b) Individual Described.--An individual described in
this subsection is an individual who--
``(1) would be a dependent under section 1072(2) of this
title but for exceeding an age limit under such section;
``(2) has not attained the age of 26;
``(3) is not eligible to enroll in an eligible employer-
sponsored plan (as defined in section 5000A(f)(2) of the
Internal Revenue Code of 1986);
``(4) is not otherwise a dependent of a member or a former
member under any subparagraph of section 1072(2) of this
title; and
``(5) meets other criteria specified in regulations
prescribed by the Secretary, similar to regulations
prescribed by the Secretary of Health and Human Services
under section 2714(b) of the Public Health Service Act.
``(c) Premium.--(1) The Secretary shall prescribe by
regulation a premium (or premiums) for coverage under the
TRICARE program provided pursuant to this section to an
individual described in subsection (b).
``(2) The monthly amount of the premium in effect for a
month for coverage under the TRICARE program pursuant to this
section shall be the amount equal to the cost of such
coverage that the Secretary determines on an appropriate
actuarial basis.
``(3) The Secretary shall prescribe the requirements and
procedures applicable to the payment of premiums under this
subsection.
``(4) Amounts collected as premiums under this subsection
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in

[[Page H8663]]

which collected, and shall be available under subsection (b)
of such section for such fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1110a the following new item:

``1110b. TRICARE program: extension of dependent coverage.''.
(b) Effective Date and Regulations.--The amendments made by
this section shall take effect on January 1, 2011. The
Secretary of Defense shall prescribe an interim final rule
with respect to such amendments, effective not later than
January 1, 2011.

SEC. 703. SURVIVOR DENTAL BENEFITS.

Paragraph (2) of section 1076a(k) of title 10, United
States Code, is amended to read as follows:
``(2) Such term includes any such dependent of a member who
dies--
``(A) while on active duty for a period of more than 30
days; or
``(B) while such member is a member of the Ready
Reserve.''.

SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.

(a) Tinnitus Screening.--
(1) Study required.--Not later than September 30, 2011, the
Secretary of Defense shall conduct a study to identify the
best tests currently available to screen members of the Armed
Forces for tinnitus.
(2) Plan.--Not later than December 31, 2011, the Secretary
shall develop a plan to ensure that all members of the Armed
Forces are screened for tinnitus prior to and after a
deployment to a combat zone.
(3) Report.--Not later than December 31, 2011, the
Secretary shall submit to the congressional defense
committees a report containing the results of the study under
paragraph (1) and the plan under paragraph (2).
(b) Improving Aural Protection for Members of the Armed
Forces.--
(1) In general.--In accordance with section 721 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4506), the Secretary
of Defense shall examine methods to improve the aural
protection for members of the Armed Forces in combat.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the methods to
improve aural protection examined under subsection (a).
(c) Center of Excellence.--The Secretary shall ensure that
all studies, findings, plans, and reports conducted or
submitted under this section are transmitted to the center of
excellence established by section 721 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4506).

SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.

During the period beginning on October 1, 2010, and ending
on September 30, 2011, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title
10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of
such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.

Subtitle B--Health Care Administration

SEC. 711. ADMINISTRATION OF TRICARE.

Subsection (a) of section 1073 of title 10, United States
Code, is amended--
(1) by striking ``Except'' and inserting ``(1) Except'';
and
(2) by adding at the end the following new paragraph:
``(2) Except as otherwise provided in this chapter, the
Secretary of Defense shall have responsibility for
administering the TRICARE program and making any decision
affecting such program.''.

SEC. 712. POSTDEPLOYMENT HEALTH REASSESSMENTS FOR PURPOSES OF
THE MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE
ARMED FORCES DEPLOYED OVERSEAS.

(a) Requirement for Postdeployment Health Reassessments.--
Paragraph (1) of subsection (b) of section 1074f of title 10,
United States Code, is amended to read as follows:
``(1)(A) The system described in subsection (a) shall
include the use of predeployment medical examinations and
postdeployment medical examinations (including the assessment
of mental health and the drawing of blood samples) and
postdeployment health reassessments to--
``(i) accurately record the health status of members before
their deployment;
``(ii) accurately record any changes in their health status
during the course of their deployment; and
``(iii) identify health concerns, including mental health
concerns, that may become manifest several months following
their deployment.
``(B) The postdeployment medical examination shall be
conducted when the member is redeployed or otherwise leaves
an area in which the system is in operation (or as soon as
possible thereafter).
``(C) The postdeployment health reassessment shall be
conducted at an appropriate time during the period beginning
90 days after the member is redeployed and ending 180 days
after the member is redeployed.''.
(b) Incorporation in Reassessments of Elements of
Predeployment and Postdeployment Medical Examinations.--
Paragraph (2) of such subsection is amended by striking ``and
postdeployment medical examination'' and inserting ``medical
examination, postdeployment medical examination, and
postdeployment health reassessment''.
(c) Recordkeeping.--Subsection (c) of such section is
amended--
(1) by inserting ``and reassessments'' after ``medical
examinations''; and
(2) by inserting ``and the prescription and administration
of psychotropic medications'' after ``including
immunizations''.
(d) Quality Assurance.--Subsection (d) of such section is
amended--
(1) in paragraph (1), by striking ``and postdeployment
medical examinations'' and inserting ``, postdeployment
medical examinations, and postdeployment health
reassessments''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and reassessments''
after ``postdeployment health assessments''; and
(B) in subparagraph (B), by inserting ``and reassessments''
after ``such assessments''.

SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE
TO MILITARY HEALTH-CARE PROFESSIONALS WHO ARE
MEMBERS OF THE NATIONAL GUARD PERFORMING
CERTAIN DUTY WHILE IN STATE STATUS.

Section 1094(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)'';
(2) in paragraph (2), by inserting ``as being described in
this paragraph'' after ``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(3) A health-care professional referred to in paragraph
(1) as being described in this paragraph is a member of the
National Guard who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health
profession; and
``(B) is performing training or duty under section 502(f)
of title 32 in response to an actual or potential
disaster.''.

SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR
MEDICAL CORPS OFFICERS.

(a) Review of Training Programs for Medical Officers.--
(1) Review.--The Secretary of Defense shall conduct a
review of training programs for medical officers (as defined
in section 101(b)(14) of title 10, United States Code) to
ensure that the academic and military performance of such
officers has been completely documented in military personnel
records. The programs reviewed shall include, at a minimum,
the following:
(A) Programs at the Uniformed Services University of the
Health Sciences that award a medical doctor degree.
(B) Selected residency programs at military medical
treatment facilities, as determined by the Secretary, to
include at least one program in each of the specialties of--
(i) anesthesiology;
(ii) emergency medicine;
(iii) family medicine;
(iv) general surgery;
(v) neurology;
(vi) obstetrics/gynecology;
(vii) pathology;
(viii) pediatrics; and
(ix) psychiatry.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
findings of the review under paragraph (1).
(b) Annual Report on Graduate Medical Education Programs.--
(1) Annual report.--Not later than April 1, 2011, and
annually thereafter through 2015, the Secretary of Defense
shall submit to the congressional defense committees a report
on the status of the graduate medical education programs of
the Department of Defense.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) An identification of each graduate medical education
program of the Department of Defense in effect during the
previous fiscal year, including for each such program, the
military department responsible, the location, the medical
specialty, the period of training required, and the number of
students by year.
(B) The status of each program referred to in subparagraph
(A), including, for each such program, an identification of
the fiscal year in which the last action was taken with
respect to each of the following:
(i) Initial accreditation.
(ii) Continued accreditation.
(iii) If applicable, probation, and the reasons for
probationary status.
(iv) If applicable, withheld or withdrawn accreditation,
and the reasons for such action.
(C) A discussion of trends in the graduate medical
education programs of the Department.
(D) A discussion of challenges faced by such programs, and
a description and assessment of strategies and plans to
address such challenges.
(E) Such other matters as the Secretary considers
appropriate.

SEC. 715. HEALTH INFORMATION TECHNOLOGY.

(a) Enterprise Risk Assessment Methodology Study.--

[[Page H8664]]

(1) Study required.--The Secretary of Defense shall conduct
an enterprise risk assessment methodology study of all health
information technology programs of the Department of Defense.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the
results of the study required under paragraph (1).
(b) Report on Health Information Technology Organizational
Structure and Future Plans.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the organizational structure for health information
technology within the Department of Defense.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) Organizational charts for all organizations involved
with health information technology showing, at a minimum, the
senior positions in each office and each activity.
(B) A description of the functions and responsibilities, to
include policy formulation, policy and program execution, and
program oversight, of each senior position for health
information technology.
(C) An assessment of how well the health information
systems of the Department of Defense interact with the health
information systems of--
(i) the Department of Veterans Affairs; and
(ii) entities other than the Federal Government.
(D) A description of the role played by the Interagency
Program Office established by section 1635 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note) and whether the office is satisfactorily performing the
functions required by such section, as well as
recommendations for administrative or legislative action as
the Secretary considers appropriate.
(E) A complete description of all future plans for legacy
systems and new electronic health record initiatives,
including the joint virtual lifetime electronic record.
(F) The results of the survey described in paragraph (3).
(3) Survey.--The Secretary shall conduct a survey of users
of the health information technology systems of the
Department of Defense to assess the benefits and failings of
such systems.
(4) Definitions.--In this subsection:
(A) The term ``senior position'' means a position filled by
a member of the senior executive service, a position on the
Executive Schedule established pursuant to title 5, United
States Code, or a position filled by a general or flag
officer.
(B) The term ``senior personnel'' means personnel who are
members of the senior executive service, who fill a position
listed on the Executive Schedule established pursuant to
title 5, United States Code, or who are general or flag
officers.
(c) Report on GAO Report Required.--Not later than March
31, 2011, the Secretary of Defense shall submit to the
congressional defense committees a report on the report by
the Comptroller General of the United States titled
``Information Technology: Opportunities Exist to Improve
Management of DOD's Electronic Health Record Initiative''
(GAO-11-50), including--
(1) the status of implementing the recommendations made in
such report; and
(2) for each such recommendation that has not been
implemented, the reason why the recommendation has not been
implemented.

SEC. 716. EDUCATION AND TRAINING ON USE OF PHARMACEUTICALS IN
REHABILITATION PROGRAMS FOR WOUNDED WARRIORS.

(a) Education and Training Required.--The Secretary of
Defense shall develop and implement training, available
through the Internet or other means, on the use of
pharmaceuticals in rehabilitation programs for seriously ill
or injured members of the Armed Forces.
(b) Recipients of Training.--The training developed and
implemented under subsection (a) shall be training for each
category of individuals as follows:
(1) Patients in or transitioning to a wounded warrior unit,
with special accommodation in such training for such patients
with cognitive disabilities.
(2) Nonmedical case managers.
(3) Military leaders.
(4) Family members.
(c) Elements of Training.--The training developed and
implemented under subsection (a) shall include the following:
(1) An overview of the fundamentals of safe prescription
drug use.
(2) Familiarization with the benefits and risks of using
pharmaceuticals in rehabilitation therapies.
(3) Examples of the use of pharmaceuticals for individuals
with multiple, complex injuries, including traumatic brain
injury and post-traumatic stress disorder.
(4) Familiarization with means of finding additional
resources for information on pharmaceuticals.
(5) Familiarization with basic elements of pain and
pharmaceutical management.
(6) Familiarization with complementary and alternative
therapies.
(d) Tailoring of Training.--The training developed and
implemented under subsection (a) shall appropriately tailor
the elements specified in subsection (c) for and among each
category of individuals set forth in subsection (b).
(e) Review of Pharmacy.--
(1) Review.--The Secretary shall review all policies and
procedures of the Department of Defense regarding the use of
pharmaceuticals in rehabilitation programs for seriously ill
or injured members of the Armed Forces.
(2) Recommendations.--Not later than September 20, 2011,
the Secretary shall submit to the congressional defense
committees any recommendations for administrative or
legislative action with respect to the review under paragraph
(1) as the Secretary considers appropriate.

Subtitle C--Other Matters

SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARATIONS
RESULTING FROM REFUSAL TO PARTICIPATE IN
ANTHRAX VACCINE IMMUNIZATION PROGRAM.

Section 1178 of title 10, United States Code, is amended--
(1) by striking ``(a) Requirement To Establish System.--'';
and
(2) by striking subsection (b).

SEC. 722. COMPREHENSIVE POLICY ON CONSISTENT NEUROLOGICAL
COGNITIVE ASSESSMENTS OF MEMBERS OF THE ARMED
FORCES BEFORE AND AFTER DEPLOYMENT.

(a) Comprehensive Policy Required.--Not later than January
31, 2011, the Secretary of Defense shall develop and
implement a comprehensive policy on consistent neurological
cognitive assessments of members of the Armed Forces before
and after deployment.
(b) Updates.--The Secretary shall revise the policy
required by subsection (a) on a periodic basis in accordance
with experience and evolving best practice guidelines.

SEC. 723. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY
MILITARY OCCUPATION.

(a) Assessment.--The Secretaries of the military
departments shall each conduct an assessment of post-
traumatic stress disorder incidence by military occupation,
including identification of military occupations with a high
incidence of such disorder.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretaries shall each submit to
the congressional defense committees a report on the
assessment under subsection (a).
(c) Centers of Excellence.--The Secretary of Defense shall
ensure that all studies, findings, plans, and reports
conducted or submitted under this section are transmitted to
the centers of excellence established by sections 1621 and
1622 of the Wounded Warrior Act (title XVI of Public Law 110-
181).

SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE
PROGRAM.

Not later than June 20, 2011, the Secretary of Defense
shall prescribe the regulations required by section 717 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 1073 note).

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

Subtitle A--Acquisition Policy and Management

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

[[Page H8665]]

Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of
the Department of Defense to carry out certain prototype
projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge
Program; pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.

Subtitle D--Contractor Matters

Subtitle E--Other Matters

Subtitle F--Improve Acquisition Act

Sec. 860. Short title.

Part I--Defense Acquisition System

Part II--Defense Acquisition Workforce

Part III--Financial Management

Part IV--Industrial Base

Subtitle A--Acquisition Policy and Management

SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.

(a) In General.--Section 2320 of title 10, United States
Code, is amended--
(1) in subsection (c)(2)--
(A) by striking ``subsection (a), allowing'' and inserting
``subsection (a)--
``(A) allowing''; and
(B) by adding at the end the following new subparagraph:
``(B) allowing a covered litigation support contractor
access to and use of any technical, proprietary, or
confidential data delivered under a contract for the sole
purpose of providing litigation support to the Government in
the form of administrative, technical, or professional
services during or in anticipation of litigation; or''; and
(2) by inserting after subsection (f) the following:
``(g) In this section, the term `covered litigation support
contractor' means a contractor (including an expert or
technical consultant) under contract with the Department of
Defense to provide litigation support, which contractor
executes a contract with the Government agreeing to and
acknowledging--
``(1) that proprietary or nonpublic technical data
furnished will be accessed and used only for the purposes
stated in that contract;
``(2) that the covered litigation support contractor will
take all reasonable steps to protect the proprietary and
nonpublic nature of the technical data furnished to the
covered litigation support contractor; and
``(3) that such technical data provided to the covered
litigation support contractor under the authority of this
section shall not be used by the covered litigation support
contractor to compete against the third party for Government
or non-Government contracts.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 120 days after the date
of the enactment of this Act.

SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND PROCUREMENT
PROGRAM AS MAJOR SUBPROGRAM.

(a) Designation as Major Subprogram.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall designate an engine development
and procurement program as a major subprogram of the F-35
Lightning II aircraft major defense acquisition program, in
accordance with section 2430a of title 10, United States
Code.
(b) Original Baseline.--For purposes of reporting
requirements referred to in section 2430a(b) of title 10,
United States Code, for the major subprogram designated under
subsection (a), the Secretary shall use the Milestone B
decision as the original baseline for the subprogram.
(c) Actions Following Critical Cost Growth.--
(1) In general.--Subject to paragraph (2), to the extent
that the Secretary elects to restructure the Lightning II
aircraft major defense acquisition program subsequent to a
reassessment and actions required by subsections (a) and (c)
of section 2433a of title 10, United States Code, during
fiscal year 2010, and also conducts such reassessment and
actions with respect to an F-35 engine development and
procurement program (including related reporting based on the
original baseline as defined in subsection (c)), the
requirements of section 2433a of such title with respect to a
major subprogram designated under subsection (a) shall be
considered to be met with respect to the major subprogram.
(2) Limitation.--Actions taken in accordance with paragraph
(1) shall be considered to meet the requirements of section
2433a of title 10, United States Code, with respect to a
major subprogram designated under subsection (a) only to the
extent that designation as a major subprogram would require
the Secretary of Defense to conduct a reassessment and take
actions pursuant to such section 2433a for such a subprogram
upon enactment of this Act. The requirements of such section
2433a shall not be considered to be met with respect to such
a subprogram in the event that additional programmatic
changes, following the date of the enactment of this Act,
cause the program acquisition unit cost or procurement unit
cost of such a subprogram to increase by a percentage equal
to or greater than the critical cost growth threshold (as
defined in section 2433(a)(5) of such title) for the
subprogram.

SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO
RESPOND TO COMBAT AND SAFETY EMERGENCIES
THROUGH RAPID ACQUISITION AND DEPLOYMENT OF
URGENTLY NEEDED SUPPLIES.

(a) Requirement To Establish Procedures.--Subsection (a) of
section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``items'' and inserting ``supplies''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1)(A) currently under development by the Department of
Defense or available from the commercial sector; or
``(B) require only minor modifications to supplies
described in subparagraph (A); and''.
(b) Issues To Be Addressed.--Subsection (b) of such section
is amended--
(1) in paragraph (1)(B), by striking ``items'' and
inserting ``supplies''; and

[[Page H8666]]

(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``items'' and inserting ``supplies'';
(B) in subparagraphs (A) and (B), by striking ``an item''
and inserting ``the supplies''; and
(C) in subparagraph (C), by inserting ``and utilization''
after ``deployment''.
(c) Response to Combat Emergencies.--Subsection (c) of such
section is amended--
(1) by striking ``equipment'' each place it appears other
than paragraph (5) and inserting ``supplies'';
(2) by striking ``combat capability'' each place it
appears;
(3) by striking ``that has resulted in combat fatalities''
each place it appears and inserting ``that has resulted in
combat casualties, or is likely to result in combat
casualties'';
(4) in paragraph (1), by striking ``is'' and inserting
``are'';
(5) in paragraph (2)--
(A) in subparagraph (A), by striking ``is'' each place it
appears and inserting ``are''; and
(B) in subparagraph (B), by striking ``fatalities'' at the
end and inserting ``casualties'';
(6) by amending paragraph (3) to read as follows:
``(3) In any fiscal year in which the Secretary makes a
determination described in paragraph (1), the Secretary may
use any funds available to the Department of Defense for that
fiscal year for acquisitions of supplies under this section
if the determination includes a written finding that the use
of such funds is necessary to address the combat capability
deficiency in a timely manner. The authority of this section
may not be used to acquire supplies in an amount aggregating
more than $200,000,000 during any such fiscal year.'';
(7) in paragraph (4)--
(A) by inserting ``, in consultation with the Director of
the Office of Management and Budget,'' after ``shall''; and
(B) by striking ``Each such notice'' and inserting ``For
each such determination, the notice under the preceding
sentence''; and
(8) in paragraph (5), by striking ``that equipment'' and
inserting ``the supplies concerned''.
(d) Waiver of Certain Statues and Regulations.--Subsection
(d)(1) of such section is amended by striking ``equipment''
in subparagraphs (A), (B), and (C) and inserting
``supplies''.
(e) Testing Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``an item'' and inserting ``the supplies''; and
(B) in subparagraph (B), by striking ``of the item'' and
all that follows through ``requirements document'' and
inserting ``of the supplies in meeting the original
requirements for the supplies (as stated in a statement of
the urgent operational need'';
(2) in paragraph (2)--
(A) by striking ``an item'' and inserting ``supplies''; and
(B) by striking ``the item'' and inserting ``the
supplies''; and
(3) in paragraph (3), by striking ``items'' each place it
appears and inserting ``supplies''.
(f) Limitation.--Subsection (f) of such section is amended
to read as follows:
``(f) Limitation.--In the case of supplies that are part of
a major system for which a low-rate initial production
quantity determination has been made pursuant to section 2400
of title 10, United States Code, the quantity of such
supplies acquired using the procedures prescribed pursuant to
this section may not exceed an amount consistent with
complying with limitations on the quantity of articles
approved for low-rate initial production for such system. Any
such supplies shall be included in any relevant calculation
of quantities for low-rate initial production for the system
concerned.''.

SEC. 804. REVIEW OF ACQUISITION PROCESS FOR RAPID FIELDING OF
CAPABILITIES IN RESPONSE TO URGENT OPERATIONAL
NEEDS.

(a) Review of Rapid Acquisition Process Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
complete a review of the process for the fielding of
capabilities in response to urgent operational needs and
submit a report on the review to the congressional defense
committees.
(2) Review and report requirements.--The review pursuant to
this section shall include consideration of various
improvements to the acquisition process for rapid fielding of
capabilities in response to urgent operational needs. For
each improvement, the report on the review shall discuss--
(A) the Department's review of the improvement;
(B) if the improvement is being implemented by the
Department, a schedule for implementing the improvement; and
(C) if the improvement is not being implemented by the
Department, an explanation of why the improvement is not
being implemented.
(3) Improvements to be considered.--The improvements that
shall be considered during the review are the following:
(A) Providing a streamlined, expedited, and tightly
integrated iterative approach to--
(i) the identification and validation of urgent operational
needs;
(ii) the analysis of alternatives and identification of
preferred solutions;
(iii) the development and approval of appropriate
requirements and acquisition documents;
(iv) the identification and minimization of development,
integration, and manufacturing risks;
(v) the consideration of operation and sustainment costs;
(vi) the allocation of appropriate funding; and
(vii) the rapid production and delivery of required
capabilities.
(B) Clearly defining the roles and responsibilities of the
Office of the Secretary of Defense, the Joint Chiefs of
Staff, the military departments, and other components of the
Department of Defense for carrying out all phases of the
process.
(C) Designating a senior official within the Office of the
Secretary of Defense with primary responsibility for making
recommendations to the Secretary on the use of the authority
provided by subsections (c) and (d) of section 806 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(10 U.S.C. 2302 note), as amended by section 803 of this Act,
in appropriate circumstances.
(D) Establishing a target date for the fielding of a
capability pursuant to each validated urgent operational
need.
(E) Implementing a system for--
(i) documenting key process milestones, such as funding,
acquisition, fielding, and assessment decisions and actions;
and
(ii) tracking the cost, schedule, and performance of
acquisitions conducted pursuant to the process.
(F) Establishing a formal feedback mechanism for the
commanders of the combatant commands to provide information
to the Joint Chiefs of Staff and senior acquisition officials
on how well fielded solutions are meeting urgent operational
needs.
(G) Establishing a dedicated source of funding for the
rapid fielding of capabilities in response to urgent
operational needs.
(H) Issuing guidance to provide for the appropriate
transition of capabilities acquired through rapid fielding
into the traditional budget, requirements, and acquisition
process for purposes of contracts for follow-on production,
sustainment, and logistics support.
(I) Such other improvements as the Secretary considers
appropriate.
(b) Discriminating Urgent Operational Needs From
Traditional Requirements.--
(1) Expedited review process.--Not later than 270 days
after the date of the enactment of this Act, the Secretary
shall develop and implement an expedited review process to
determine whether capabilities proposed as urgent operational
needs are appropriate for fielding through the process for
the rapid fielding of capabilities or should be fielded
through the traditional acquisition process.
(2) Elements.--The review process developed and implemented
pursuant to paragraph (1) shall--
(A) apply to the rapid fielding of capabilities in response
to joint urgent operational need statements and to other
urgent operational needs statements generated by the military
departments and the combatant commands;
(B) identify officials responsible for making
determinations described in paragraph (1);
(C) establish appropriate time periods for making such
determinations;
(D) set forth standards and criteria for making such
determinations based on considerations of urgency, risk, and
life-cycle management;
(E) establish appropriate thresholds for the applicability
of the review process, or of elements of the review process;
and
(F) authorize appropriate officials to make exceptions from
standards and criteria established under subparagraph (D) in
exceptional circumstances.
(3) Covered capabilities.--The review process developed and
implemented pursuant to paragraph (1) shall provide that,
subject to such exceptions as the Secretary considers
appropriate for purposes of this section, the acquisition
process for rapid fielding of capabilities in response to
urgent operational needs is appropriate only for capabilities
that--
(A) can be fielded within a period of two to 24 months;
(B) do not require substantial development effort;
(C) are based on technologies that are proven and
available; and
(D) can appropriately be acquired under fixed price
contracts.
(4) Inclusion in report.--The Secretary shall include a
description of the expedited review process implemented
pursuant to paragraph (1) in the report required by
subsection (a).

SEC. 805. ACQUISITION OF MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.

(a) Program To Improve Information Technology Processes.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the
following new section:

``Sec. 2223a. Information technology acquisition planning and
oversight requirements

``(a) Establishment of Program.--The Secretary of Defense
shall establish a program to improve the planning and
oversight processes for the acquisition of major automated
information systems by the Department of Defense.

[[Page H8667]]

``(b) Program Components.--The program established under
subsection (a) shall include--
``(1) a documented process for information technology
acquisition planning, requirements development and
management, project management and oversight, earned value
management, and risk management;
``(2) the development of appropriate metrics that can be
implemented and monitored on a real-time basis for
performance measurement of--
``(A) processes and development status of investments in
major automated information system programs;
``(B) continuous process improvement of such programs; and
``(C) achievement of program and investment outcomes;
``(3) a process to ensure that key program personnel have
an appropriate level of experience, training, and education
in the planning, acquisition, execution, management, and
oversight of information technology systems;
``(4) a process to ensure sufficient resources and
infrastructure capacity for test and evaluation of
information technology systems;
``(5) a process to ensure that military departments and
Defense Agencies adhere to established processes and
requirements relating to the planning, acquisition,
execution, management, and oversight of information
technology programs and developments; and
``(6) a process under which an appropriate Department of
Defense official may intervene or terminate the funding of an
information technology investment if the investment is at
risk of not achieving major project milestones.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by
inserting after the item relating to section 2223 the
following new item:

``2223a. Information technology acquisition planning and oversight
requirements.''.

(b) Annual Report to Congress.--Section 2445b(b) of title
10, United States Code, is amended by adding at the end the
following new paragraphs:
``(5) For each major automated information system program
for which such information has not been provided in a
previous annual report--
``(A) a description of the business case analysis (if any)
that has been prepared for the program and key functional
requirements for the program;
``(B) a description of the analysis of alternatives
conducted with regard to the program;
``(C) an assessment of the extent to which the program, or
portions of the program, have technical requirements of
sufficient clarity that the program, or portions of the
program, may be feasibly procured under firm, fixed-price
contracts;
``(D) the most recent independent cost estimate or cost
analysis for the program provided by the Director of Cost
Assessment and Program Evaluation in accordance with section
2334(a)(6) of this title;
``(E) a certification by a Department of Defense
acquisition official with responsibility for the program that
all technical and business requirements have been reviewed
and validated to ensure alignment with the business case; and
``(F) an explanation of the basis for the certification
described in subparagraph (E).
``(6) For each major automated information system program
for which the information required under paragraph (5) has
been provided in a previous annual report, a summary of any
significant changes to the information previously
provided.''.

SEC. 806. REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY
CHAIN RISK.

(a) Authority.--Subject to subsection (b), the head of a
covered agency may--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to
the basis for carrying out a covered procurement action.
(b) Determination and Notification.--The head of a covered
agency may exercise the authority provided in subsection (a)
only after--
(1) obtaining a joint recommendation by the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense, on
the basis of a risk assessment by the Under Secretary of
Defense for Intelligence, that there is a significant supply
chain risk to a covered system;
(2) making a determination in writing, in unclassified or
classified form, with the concurrence of the Under Secretary
of Defense for Acquisition, Technology, and Logistics, that--
(A) use of the authority in subsection (a)(1) is necessary
to protect national security by reducing supply chain risk;
(B) less intrusive measures are not reasonably available to
reduce such supply chain risk; and
(C) in a case where the head of the covered agency plans to
limit disclosure of information under subsection (a)(2), the
risk to national security due to the disclosure of such
information outweighs the risk due to not disclosing such
information; and
(3) providing a classified or unclassified notice of the
determination made under paragraph (2) to the appropriate
congressional committees, which notice shall include--
(A) the information required by section 2304(f)(3) of title
10, United States Code;
(B) the joint recommendation by the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense as
specified in paragraph (1);
(C) a summary of the risk assessment by the Under Secretary
of Defense for Intelligence that serves as the basis for the
joint recommendation specified in paragraph (1); and
(D) a summary of the basis for the determination, including
a discussion of less intrusive measures that were considered
and why they were not reasonably available to reduce supply
chain risk.
(c) Delegation.--The head of a covered agency may not
delegate the authority provided in subsection (a) or the
responsibility to make a determination under subsection (b)
to an official below the level of the service acquisition
executive for the agency concerned.
(d) Limitation on Disclosure.--If the head of a covered
agency has exercised the authority provided in subsection
(a)(2) to limit disclosure of information--
(1) no action undertaken by the agency head under such
authority shall be subject to review in a bid protest before
the Government Accountability Office or in any Federal court;
and
(2) the agency head shall--
(A) notify appropriate parties of a covered procurement
action and the basis for such action only to the extent
necessary to effectuate the covered procurement action;
(B) notify other Department of Defense components or other
Federal agencies responsible for procurements that may be
subject to the same or similar supply chain risk, in a manner
and to the extent consistent with the requirements of
national security; and
(C) ensure the confidentiality of any such notifications.
(e) Definitions.--In this section:
(1) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(2) Covered procurement action.--The term ``covered
procurement action'' means any of the following actions, if
the action takes place in the course of conducting a covered
procurement:
(A) The exclusion of a source that fails to meet
qualification standards established in accordance with the
requirements of section 2319 of title 10, United States Code,
for the purpose of reducing supply chain risk in the
acquisition of covered systems.
(B) The exclusion of a source that fails to achieve an
acceptable rating with regard to an evaluation factor
providing for the consideration of supply chain risk in the
evaluation of proposals for the award of a contract or the
issuance of a task or delivery order.
(C) The decision to withhold consent for a contractor to
subcontract with a particular source or to direct a
contractor for a covered system to exclude a particular
source from consideration for a subcontract under the
contract.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a covered
item of supply involving either a performance specification,
as provided in section 2305(a)(1)(C)(ii) of title 10, United
States Code, or an evaluation factor, as provided in section
2305(a)(2)(A) of such title, relating to supply chain risk;
(B) the consideration of proposals for and issuance of a
task or delivery order for a covered system or a covered item
of supply, as provided in section 2304c(d)(3) of title 10,
United States Code, where the task or delivery order contract
concerned includes a contract clause establishing a
requirement relating to supply chain risk; or
(C) any contract action involving a contract for a covered
system or a covered item of supply where such contract
includes a clause establishing requirements relating to
supply chain risk.
(4) Supply chain risk.--The term ``supply chain risk''
means the risk that an adversary may sabotage, maliciously
introduce unwanted function, or otherwise subvert the design,
integrity, manufacturing, production, distribution,
installation, operation, or maintenance of a covered system
so as to surveil, deny, disrupt, or otherwise degrade the
function, use, or operation of such system.
(5) Covered system.--The term ``covered system'' means a
national security system, as that term is defined in section
3542(b) of title 44, United States Code.
(6) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that
term is defined in section 11101 of title 40, United States
Code) that is purchased for inclusion in a covered system,
and the loss of integrity of which could result in a supply
chain risk for a covered system.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the case of a covered system included in the
National Intelligence Program or the Military Intelligence
Program, the Select Committee on Intelligence of the Senate,
the Permanent Select Committee on Intelligence of the House
of Representatives,

[[Page H8668]]

and the congressional defense committees; and
(B) in the case of a covered system not otherwise included
in subparagraph (A), the congressional defense committees.
(f) Effective Date.--The requirements of this section shall
take effect on the date that is 180 days after the date of
the enactment of this Act and shall apply to--
(1) contracts that are awarded on or after such date; and
(2) task and delivery orders that are issued on or after
such date pursuant to contracts that awarded before, on, or
after such date.
(g) Sunset.--The authority provided in this section shall
expire on the date that is three years after the date of the
enactment of this Act.

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT
NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION AND
MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.

Section 2334 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``paragraph (2)'' and inserting ``paragraph
(3)''; and
(ii) by striking ``, the rationale for selecting such
confidence level, and, if such confidence level is less than
80 percent, the justification for selecting a confidence
level of less than 80 percent; and'' and inserting ``and the
rationale for selecting such confidence level;'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) ensure that such confidence level provides a high
degree of confidence that the program can be completed
without the need for significant adjustment to program
budgets; and'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Estimates for Program Baseline and Analyses and
Targets for Contract Negotiation Purposes.--(1) The policies,
procedures, and guidance issued by the Director of Cost
Assessment and Program Evaluation in accordance with the
requirements of subsection (a) shall provide that--
``(A) cost estimates developed for baseline descriptions
and other program purposes conducted pursuant to subsection
(a)(6) are not to be used for the purpose of contract
negotiations or the obligation of funds; and
``(B) cost analyses and targets developed for the purpose
of contract negotiations and the obligation of funds are
based on the Government's reasonable expectation of
successful contractor performance in accordance with the
contractor's proposal and previous experience.
``(2) The Program Manager and contracting officer for each
major defense acquisition program and major automated
information system program shall ensure that cost analyses
and targets developed for the purpose of contract
negotiations and the obligation of funds are carried out in
accordance with the requirements of paragraph (1) and the
policies, procedures, and guidance issued by the Director of
Cost Assessment and Program Evaluation.
``(3) Funds that are made available for a major defense
acquisition program or major automated information system
program in accordance with a cost estimate conducted pursuant
to subsection (a)(6), but are excess to a cost analysis or
target developed pursuant to paragraph (2), shall remain
available for obligation in accordance with the terms of
applicable authorization and appropriations Acts.
``(4) Funds described in paragraph (3)--
``(A) may be used--
``(i) to cover any increased program costs identified by a
revised cost analysis or target developed pursuant to
paragraph (2);
``(ii) to acquire additional end items in accordance with
the requirements of section 2308 of this title; or
``(iii) to cover the cost of risk reduction and process
improvements; and
``(B) may be reprogrammed, in accordance with established
procedures, only if determined to be excess to program needs
on the basis of a cost estimate developed with the
concurrence of the Director of Cost Assessment and Program
Evaluation.''.

SEC. 812. MANAGEMENT OF MANUFACTURING RISK IN MAJOR DEFENSE
ACQUISITION PROGRAMS.

(a) Guidance Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue comprehensive guidance on the management of
manufacturing risk in major defense acquisition programs.
(b) Elements.--The guidance issued under subsection (a)
shall, at a minimum--
(1) require the use of manufacturing readiness levels as a
basis for measuring, assessing, reporting, and communicating
manufacturing readiness and risk on major defense acquisition
programs throughout the Department of Defense;
(2) provide guidance on the definition of manufacturing
readiness levels and how manufacturing readiness levels
should be used to assess manufacturing risk and readiness in
major defense acquisition programs;
(3) specify manufacturing readiness levels that should be
achieved at key milestones and decision points for major
defense acquisition programs;
(4) identify tools and models that may be used to assess,
manage, and reduce risks that are identified in the course of
manufacturing readiness assessments for major defense
acquisition programs; and
(5) require appropriate consideration of the manufacturing
readiness and manufacturing readiness processes of potential
contractors and subcontractors as a part of the source
selection process for major defense acquisition programs.
(c) Manufacturing Readiness Expertise.--The Secretary shall
ensure that--
(1) the acquisition workforce chapter of the annual
strategic workforce plan required by section 115b of title
10, United States Code, includes an assessment of the
critical manufacturing readiness knowledge and skills needed
in the acquisition workforce and a plan of action for
addressing any gaps in such knowledge and skills; and
(2) the need of the Department for manufacturing readiness
knowledge and skills is given appropriate consideration,
comparable to the consideration given to other program
management functions, as the Department identifies areas of
need for funding through the Defense Acquisition Workforce
Development Fund established in accordance with the
requirements of section 1705 of title 10, United States Code.
(d) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has
the meaning given that term in section 2430(a) of title 10,
United States Code.

SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE
WEAPON SYSTEM ACQUISITION REFORM ACT OF 2009.

(a) Extension of Reporting Requirements.--Section 102(b) of
the Weapon Systems Acquisition Reform Act of 2009 (Public Law
111-23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended--
(1) in paragraph (2), by inserting ``, and not later than
February 15 of each year from 2011 through 2014'' after ``Not
later than 180 days after the date of the enactment of this
Act''; and
(2) in paragraph (3), by striking ``The first annual
report'' and inserting ``Each annual report from 2010 through
2014''.
(b) Clarification That Prototypes May Be Acquired From
Commercial, Government, or Academic Sources.--Paragraph (4)
of section 203(a) of the Weapon Systems Acquisition Reform
Act of 2009 (Public Law 111-23; 123 Stat. 1722; 10 U.S.C.
2430 note) is amended to read as follows:
``(4) That prototypes--
``(A) may be required under paragraph (1) or (3) for the
system to be acquired or, if prototyping of the system is not
feasible, for critical subsystems of the system; and
``(B) may be acquired from commercial, government, or
academic sources.''.
(c) Clarification That Certifications Are Not Required for
Major Defense Acquisition Programs Following Milestone C
Approval.--Section 204(c)(2) of the Weapon Systems
Acquisition Reform Act of 2009 (123 Stat. 1724) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) has not yet achieved a Milestone C approval.''.
(d) Clarification That Certain Milestone B Certification
Criteria May Be Waived.--
(1) Waiver authority.--Effective as of May 22, 2009,
section 2366b(d) of title 10, United States Code, as amended
by section 205(a)(1) of the Weapon Systems Acquisition Reform
Act of 2009 (123 Stat. 1724), is amended--
(A) in paragraph (1), by striking ``specified in paragraph
(1) or (2) of subsection (a)'' and inserting ``specified in
paragraph (1), (2), or (3) of subsection (a)''; and
(B) in paragraph (2), by striking ``specified in paragraphs
(1) and (2) of subsection (a)'' and inserting ``specified in
paragraphs (1), (2), and (3) of subsection (a)''.
(2) Determination regarding satisfaction of certification
components.--Effective as of May 22, 2009, and as if included
therein as enacted, section 205(b)(1) of the Weapon Systems
Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) is
amended by striking ``certification components specified in
paragraphs (1) and (2) of subsection (a) of section 2366b of
title 10, United States Code'' and inserting ``certification
components specified in paragraphs (1), (2), and (3) of
subsection (a) of section 2366b of title 10, United States
Code''.
(e) Correction to Reference.--Effective as of May 22, 2009,
and as if included therein as enacted, section 205(c) of the
Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C.
2433a note) is amended by striking ``section 2433a(c)(3)''
and inserting ``section 2433a(c)(1)(C)''.

SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE
ACQUISITION PROGRAMS UNDER VARIOUS ACQUISITION-
RELATED REQUIREMENTS.

(a) Reporting Requirements.--Section 2430a(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``If the Secretary'';
(3) in subparagraph (A), as so redesignated, by inserting
``(other than as provided in paragraph (2))'' before the
semicolon; and

[[Page H8669]]

(4) by adding at the end the following new paragraph:
``(2) For a major defense acquisition program for which a
designation of a major subprogram has been made under
subsection (a), unit costs under this chapter shall be
submitted in accordance with the definitions in subsection
(d).''.
(b) Milestone A Approval Certification Requirements.--
Section 2366a of such title is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``a major defense
acquisition program certified by the Milestone Decision
Authority under subsection (a), if the projected cost of the
program'' and inserting ``a major defense acquisition program
certified by the Milestone Decision Authority under
subsection (a) or a designated major subprogram of such
program, if the projected cost of the program or
subprogram''; and
(B) in paragraph (2), by inserting ``or designated major
subprogram'' after ``major defense acquisition program''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program designated
under section 2430a(a)(1) of this title.''.
(c) Milestone B Approval Certification Requirements.--
Section 2366b of such title is amended--
(1) in subsection (b)(1)--
(A) by striking ``any changes to the program'' and
inserting ``any changes to the program or a designated major
subprogram of such program''; and
(B) in subparagraph (B), by striking ``otherwise cause the
program'' and inserting ``otherwise cause the program or
subprogram''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program designated
under section 2430a(a)(1) of this title.''.
(d) Conforming Amendments to Section 2399.--Subsection (a)
of section 2399 of such title is amended to read as follows:
``(a) Condition for Proceeding Beyond Low-rate Initial
Production.--(1) The Secretary of Defense shall provide that
a covered major defense acquisition program or a covered
designated major subprogram may not proceed beyond low-rate
initial production until initial operational test and
evaluation of the program or subprogram is completed.
``(2) In this subsection:
``(A) The term `covered major defense acquisition program'
means a major defense acquisition program that involves the
acquisition of a weapon system that is a major system within
the meaning of that term in section 2302(5) of this title.
``(B) The term `covered designated major subprogram' means
a major subprogram designated under section 2430a(a)(1) of
this title that is a major subprogram of a covered major
defense acquisition program.''.
(e) Conforming Amendments to Section 2434.--Section 2434(a)
of such title is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The provisions of this section shall apply to any
major subprogram of a major defense acquisition program (as
designated under section 2430a(a)(1) of this title) in the
same manner as those provisions apply to a major defense
acquisition program, and any reference in this section to a
program shall be treated as including such a subprogram.''.

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

SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR
PRODUCTION OF MILITARY UNIFORMS.

(a) Extension.--Section 829 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 229; 10 U.S.C. 2533a note) is amended in subsection
(f) by striking ``on the date that is five years after the
date of the enactment of this Act'' and inserting ``on
January 1, 2015''.
(b) Prohibition on Specification in Solicitations.--No
solicitation issued before January 1, 2015, by the Department
of Defense may include a requirement that proposals submitted
pursuant to such solicitation must include the use of fire
resistant rayon fiber.
(c) Report Required.--
(1) In general.--Not later than March 15, 2011, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the supply chain for fire
resistant fiber for the production of military uniforms.
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, an analysis of the following:
(A) The current and anticipated sources of fire resistant
rayon fiber for the production of military uniforms.
(B) The extent to which fire resistant rayon fiber has
unique properties that provide advantages for the production
of military uniforms.
(C) The extent to which the efficient procurement of fire
resistant rayon fiber for the production of military uniforms
is impeded by existing statutory or regulatory requirements.
(D) The actions the Department of Defense has taken to
identify alternatives to fire resistant rayon fiber for the
production of military uniforms.
(E) The extent to which such alternatives provide an
adequate substitute for fire resistant rayon fiber for the
production of military uniforms.
(F) The impediments to the use of such alternatives, and
the actions the Department has taken to overcome such
impediments.
(G) The extent to which uncertainty regarding the future
availability of fire resistant rayon fiber results in
instability or inefficiency for elements of the United States
textile industry that use fire resistant rayon fiber, and the
extent to which that instability or inefficiency results in
less efficient business practices, impedes investment and
innovation, and thereby results or may result in higher
costs, delayed delivery, or a lower quality of product
delivered to the Government.
(H) The extent to which any modifications to existing law
or regulation may be necessary to ensure the efficient
acquisition of fire resistant fiber or alternative fire
resistant products for the production of military uniforms.

SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PROCUREMENTS FROM
FIRMS IN THE SMALL ARMS PRODUCTION INDUSTRIAL
BASE.

(a) Repeal.--Section 2473 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 146 of such title is amended by striking
the item relating to section 2473.

SEC. 823. REVIEW OF REGULATORY DEFINITION RELATING TO
PRODUCTION OF SPECIALTY METALS.

(a) Review Required.--The Secretary of Defense shall review
the regulations specified in subsection (b) to ensure that
the definition of the term ``produce'' in such regulations
complies with the requirements of section 2533b of title 10,
United States Code. In carrying out the review, the Secretary
shall seek public comment, consider congressional intent, and
revise the regulations as the Secretary considers necessary
and appropriate.
(b) Regulations Specified.--The regulations referred to in
subsection (a) are any portion of subpart 252.2 of the
defense supplement to the Federal Acquisition Regulation that
includes a definition of the term ``produce'' for purposes of
implementing section 2533b of title 10, United States Code.
(c) Completion of Review.--The Secretary shall complete the
review required by subsection (a) and any necessary and
appropriate revisions to the defense supplement to the
Federal Acquisition Regulation not later than 270 days after
the date of the enactment of this Act.

SEC. 824. GUIDANCE RELATING TO RIGHTS IN TECHNICAL DATA.

(a) Review of Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall review guidance issued by the military departments on
the implementation of section 2320(e) of title 10, United
States Code, to ensure that such guidance is consistent with
the guidance issued by the Under Secretary of Defense for
Acquisition, Technology, and Logistics and the requirements
of this section. Such guidance shall be designed to ensure
that the United States--
(1) preserves the option of competition for contracts for
the production and sustainment of systems or subsystems that
are developed exclusively with Federal funds as defined in
accordance with the amendments made by this section; and
(2) is not required to pay more than once for the same
technical data.
(b) Rights in Technical Data.--Section 2320(a) of title 10,
United States Code, is amended--
(1) in paragraph (2)(F)(i)--
(A) by redesignating subclauses (I) and (II) as subclauses
(II) and (III), respectively; and
(B) by inserting before subclause (II), as so redesignated,
the following new subclause (I):
``(I) rights in technical data described in subparagraph
(A) for which a use or release restriction has been
erroneously asserted by a contractor or subcontractor;''; and
(2) in paragraph (3), by striking ``for the purposes of
definitions under this paragraph'' and inserting ``for the
purposes of paragraph (2)(B), but shall be considered to be
Federal funds for the purposes of paragraph (2)(A)''.
(c) Validation of Proprietary Data Restrictions.--Section
2321(d)(2) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``A challenge'' and
inserting ``Except as provided in subparagraph (C), a
challenge''; and
(2) by adding at the end the following new subparagraph
(C):
``(C) The limitation in this paragraph shall not apply to a
case in which the Secretary finds that reasonable grounds
exist to believe that a contractor or subcontractor has
erroneously asserted a use or release restriction with regard
to technical data described in section 2320(a)(2)(A) of this
title.''.

[[Page H8670]]

SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF
TASK AND DELIVERY ORDER CONTRACTS.

Paragraph (3) of section 2304c(e) of title 10, United
States Code, is amended to read as follows:
``(3) Paragraph (1)(B) and paragraph (2) of this subsection
shall not be in effect after September 30, 2016.''.

SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON
AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY
OUT CERTAIN PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``(including all
options)'' after ``not in excess of $100,000,000''; and
(B) in subparagraph (B), by inserting ``(including all
options)'' after ``in excess of $100,000,000''; and
(2) in subsection (e)(3)(A), by inserting ``(including all
options)'' after ``does not exceed $50,000,000''.

SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION
CHALLENGE PROGRAM; PILOT EXPANSION OF PROGRAM.

(a) Permanent Authority.--Section 2359b of title 10, United
States Code, is amended--
(1) by striking subsections (j) and (k); and
(2) by redesignating subsection (l) as subsection (j).
(b) Pilot Program.--Section 2359b of title 10, United
States Code, as amended by subsection (a), is further amended
by adding at the end the following new subsection (k):
``(k) Pilot Program for Programs Other Than Major Defense
Acquisition Programs.--
``(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall carry out a
pilot program to expand the use of the authority provided in
this section to provide opportunities for the introduction of
innovative and cost-saving approaches to programs other than
major defense acquisition programs through the submission,
review, and implementation, where appropriate, of qualifying
proposals.
``(2) Qualifying proposals.--For purposes of this
subsection, a qualifying proposal is an offer to supply a
nondevelopmental item that--
``(A) is evaluated as achieving a level of performance that
is at least equal to the level of performance of an item
being procured under a covered acquisition program and as
providing savings in excess of 15 percent after considering
all costs to the Government of implementing such proposal; or
``(B) is evaluated as achieving a level of performance that
is significantly better than the level of performance of an
item being procured under a covered acquisition program
without any increase in cost to the Government.
``(3) Review procedures.--The Under Secretary shall adopt
modifications as may be needed to the procedures applicable
to the Challenge Program to provide for Department of Defense
review of, and action on, qualifying proposals. Such
procedures shall include, at a minimum, the issuance of a
broad agency announcement inviting interested parties to
submit qualifying proposals in areas of interest to the
Department.
``(4) Definitions.--In this subsection:
``(A) Nondevelopmental item.--The term `nondevelopmental
item' has the meaning given that term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).
``(B) Covered acquisition program.--The term `covered
acquisition program' means any acquisition program of the
Department of Defense other than a major defense acquisition
program, but does not include any contract awarded under an
exception to competitive acquisition authorized by the Small
Business Act (15 U.S.C. 631 et seq.)
``(C) Level of performance.--The term `level of
performance', with respect to a nondevelopmental item, means
the extent to which the item demonstrates required item
functional characteristics.
``(5) Sunset.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is
five years after the date of the enactment of this Act.''.

SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS.

(a) Competition Requirements for Task or Delivery Orders
Under Energy Savings Performance Contracts.--Section 801 of
the National Energy Conservation Policy Act (42 U.S.C. 8287)
is amended by adding at the end the following:
``(c) Task or Delivery Orders.--(1) The head of a Federal
agency may issue a task or delivery order under an energy
savings performance contract by--
``(A) notifying all contractors that have received an award
under such contract that the agency proposes to discuss
energy savings performance services for some or all of its
facilities and, following a reasonable period of time to
provide a proposal in response to the notice, soliciting from
such contractors the submission of expressions of interest
in, and contractor qualifications for, performing site
surveys or investigations and feasibility designs and
studies, and including in the notice summary information
concerning energy use for any facilities that the agency has
specific interest in including in such task or delivery
order;
``(B) reviewing all expressions of interest and
qualifications submitted pursuant to the notice under
subparagraph (A);
``(C) selecting two or more contractors (from among those
reviewed under subparagraph (B)) to conduct discussions
concerning the contractors' respective qualifications to
implement potential energy conservation measures, including--
``(i) requesting references and specific detailed examples
with respect to similar efforts and the resulting energy
savings of such similar efforts; and
``(ii) requesting an explanation of how such similar
efforts relate to the scope and content of the task or
delivery order concerned;
``(D) selecting and authorizing--
``(i) more than one contractor (from among those selected
under subparagraph (C)) to conduct site surveys,
investigations, feasibility designs and studies, or similar
assessments for the energy savings performance contract
services (or for discrete portions of such services), for the
purpose of allowing each such contractor to submit a firm,
fixed-price proposal to implement specific energy
conservation measures; or
``(ii) one contractor (from among those selected under
subparagraph (C)) to conduct a site survey, investigation,
feasibility design and study, or similar assessment for the
purpose of allowing the contractor to submit a firm, fixed-
price proposal to implement specific energy conservation
measures;
``(E) providing a debriefing to any contractor not selected
under subparagraph (D);
``(F) negotiating a task or delivery order for energy
savings performance contracting services with the contractor
or contractors selected under subparagraph (D) based on the
energy conservation measures identified; and
``(G) issuing a task or delivery order for energy savings
performance contracting services to such contractor or
contractors.
``(2) The issuance of a task or delivery order for energy
savings performance contracting services pursuant to
paragraph (1) is deemed to satisfy the task and delivery
order competition requirements in section 2304c(d) of title
10, United States Code, and section 303J(d) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253j(d)).
``(3) The Secretary may issue guidance as necessary to
agencies issuing task or delivery orders pursuant to
paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a)
is inapplicable to task or delivery orders issued before the
date of enactment of this Act.

SEC. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL
SECURITY.

(a) Definitions.--Section 187 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Definitions.--In this section:
``(1) The term `materials critical to national security'
means materials--
``(A) upon which the production or sustainment of military
equipment is dependent; and
``(B) the supply of which could be restricted by actions or
events outside the control of the Government of the United
States.
``(2) The term `military equipment' means equipment used
directly by the armed forces to carry out military
operations.
``(3) The term `secure supply', with respect to a material,
means the availability of a source or sources for the
material, including the full supply chain for the material
and components containing the material.''.
(b) Amendment Relating to Duties.--Subsection (b) of
section 187 of such title is amended to read as follows:
``(b) Duties.--In addition to other matters assigned to it
by the Secretary of Defense, the Board shall--
``(1) determine the need to provide a long term secure
supply of materials designated as critical to national
security to ensure that national defense needs are met;
``(2) analyze the risk associated with each material
designated as critical to national security and the effect on
national defense that the nonavailability of such material
would have;
``(3) recommend a strategy to the President to ensure a
secure supply of materials designated as critical to national
security;
``(4) recommend such other strategies to the President as
the Board considers appropriate to strengthen the industrial
base with respect to materials critical to national security;
and
``(5) publish not less frequently than once every two years
in the Federal Register recommendations regarding materials
critical to national security, including a list of specialty
metals, if any, recommended for addition to, or removal from,
the definition of `specialty metal' for purposes of section
2533b of this title.''.

Subtitle D--Contractor Matters

SEC. 831. OVERSIGHT AND ACCOUNTABILITY OF CONTRACTORS
PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS
OF COMBAT OPERATIONS.

(a) Enhancement of Oversight and Accountability.--Section
862 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``comply with
regulations'' and inserting ``ensure that the contractor and
all employees of the contractor or any subcontractor who are
responsible for performing private security functions under
such contract comply with regulations'';
(B) in subparagraph (B)--
(i) by striking ``comply with'' and all that follows
through ``in accordance with'' and inserting ``ensure that
the contractor and all

[[Page H8671]]

employees of the contractor or any subcontractor who are
responsible for performing private security functions under
such contract comply with''; and
(ii) by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(D) ensure that the contract clause is included in
subcontracts awarded to any subcontractor at any tier who is
responsible for performing private security functions under
the contract.'';
(2) by redesignating subsections (c) and (d) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Oversight.--It shall be the responsibility of the
head of the contracting activity responsible for each covered
contract to ensure that the contracting activity takes
appropriate steps to assign sufficient oversight personnel to
the contract to--
``(1) ensure that the contractor responsible for performing
private security functions under such contract comply with
the regulatory requirements prescribed pursuant to subsection
(a) and the contract requirements established pursuant to
subsection (b); and
``(2) make the determinations required by subsection (d).
``(d) Remedies.--The failure of a contractor under a
covered contract to comply with the requirements of the
regulations prescribed under subsection (a) or the contract
clause inserted in a covered contract pursuant to subsection
(b), as determined by the contracting officer for the covered
contract--
``(1) shall be included in appropriate databases of past
performance and considered in any responsibility
determination or evaluation of the past performance of the
contractor for the purpose of a contract award decision, as
provided in section 6(j) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(j));
``(2) in the case of an award fee contract--
``(A) shall be considered in any evaluation of contract
performance by the contractor for the relevant award fee
period; and
``(B) may be a basis for reducing or denying award fees for
such period, or for recovering all or part of award fees
previously paid for such period; and
``(3) in the case of a failure to comply that is severe,
prolonged, or repeated--
``(A) shall be referred to the suspension or debarment
official for the appropriate agency; and
``(B) may be a basis for suspension or debarment of the
contractor.
``(e) Rule of Construction.--The duty of a contractor under
a covered contract to comply with the requirements of the
regulations prescribed under subsection (a) and the contract
clause inserted into a covered contract pursuant to
subsection (b), and the availability of the remedies provided
in subsection (d), shall not be reduced or diminished by the
failure of a higher or lower tier contractor under such
contract to comply with such requirements, or by a failure of
the contracting activity to provide the oversight required by
subsection (c).''.
(b) Revised Regulations and Contract Clause.--
(1) Deadline for regulations.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall revise the regulations prescribed pursuant to
section 862 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) to
incorporate the requirements of the amendments made by
subsection (a).
(2) Commencement of applicability of revisions.--The
revision of regulations under paragraph (1) shall apply to
the following:
(A) Any contract that is awarded on or after the date that
is 120 days after the date of the enactment of this Act.
(B) Any task or delivery order that is issued on or after
the date that is 120 days after the date of the enactment of
this Act pursuant to a contract that is awarded before, on,
or after the date that is 120 days after the date of the
enactment of this Act.
(3) Commencement of inclusion of contract clause.--A
contract clause that reflects the revision of regulations
required by the amendments made by subsection (a) shall be
inserted, as required by such section 862, into the
following:
(A) Any contract described in paragraph (2)(A).
(B) Any task or delivery order described in paragraph
(2)(B).

SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS TO AREAS OF OTHER
SIGNIFICANT MILITARY OPERATIONS.

(a) Areas of Other Significant Military Operations.--
Section 862 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note),
as amended by section 831, is further amended--
(1) by striking ``combat operations'' each place it appears
and inserting ``combat operations or other significant
military operations''; and
(2) in subsection (f), as redesignated by such section
831--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(B) in paragraph (1)--
(i) by inserting ``either'' after ``constituting''; and
(ii) by adding at the end the following: ``In making
designations under this paragraph, the Secretary shall ensure
that an area is not designated in whole or part as both an
area of combat operations and an area of other significant
military operations.''; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Other significant military operations.--For purposes
of this section, the term `other significant military
operations' means activities, other than combat operations,
as part of an overseas contingency operation that are carried
out by United States Armed Forces in an uncontrolled or
unpredictable high-threat environment where personnel
performing security functions may be called upon to use
deadly force.''.
(b) Additional Areas Considered for Designation.--
(1) Determination required for certain areas.--Not later
than 150 days after the date of the enactment of this Act,
the Secretary of Defense shall make a written determination
for each of the following areas regarding whether or not the
area constitutes an area of combat operations or an area of
other significant military operations for purposes of
designation as such an area under section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note), as amended by this section:
(A) The Horn of Africa region.
(B) Yemen.
(C) The Philippines.
(2) Submission to congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a copy of each written determination under paragraph (1),
together with an explanation of the basis for such
determination.
(c) Limitation and Exception.--Section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note), as amended by subsection (a)
and by section 831, is further amended--
(1) by redesignating subsection (g), as redesignated by
such section 831, as subsection (h) and inserting after
subsection (f) the following new subsection (g):
``(g) Limitation.--With respect to an area of other
significant military operations, the requirements of this
section shall apply only upon agreement of the Secretary of
Defense and the Secretary of State. An agreement of the
Secretaries under this subsection may be made only on an
area-by-area basis. With respect to an area of combat
operations, the requirements of this section shall always
apply.''; and
(2) in subsection (h), as so redesignated--
(A) by striking the subsection designation and
``Exception.--'' and inserting the following:
``(h) Exceptions.--
``(1) Intelligence activities.--''; and
(B) by adding at the end the following new paragraph:
``(2) Nongovernmental organizations.--The requirements of
this section shall not apply to a nonprofit nongovernmental
organization receiving grants or cooperative agreements for
activities conducted within an area of other significant
military operations if the Secretary of Defense and the
Secretary of State agree that such organization may be
exempted. An exemption may be granted by the agreement of the
Secretaries under this paragraph on an organization-by-
organization or area-by-area basis. Such an exemption may not
be granted with respect to an area of combat operations.''.
(d) Report on Implementation.--Not later than 180 days
after a designation of an area as an area of combat
operations or an area of other significant military
operations pursuant to subsection (b)(2), the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to Congress a report on steps taken or planned to be
taken to implement the regulations prescribed under section
862 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 2302 note) in such area.
In the case of any agreement by the Secretaries to limit the
applicability of such section or exempt nongovernmental
organizations from such section, pursuant to subsections (g)
or (h)(1) of such section (as added by subsection (c)), the
report shall document the basis for such agreement.

SEC. 833. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY
CONTRACTORS.

(a) Review of Third-Party Standards and Certification
Processes.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) determine whether the private sector has developed--
(A) operational and business practice standards applicable
to private security contractors; and
(B) third-party certification processes for determining
whether private security contractors adhere to standards
described in subparagraph (A); and
(2) review any standards and processes identified pursuant
to paragraph (1) to determine whether the application of such
standards and processes will make a substantial contribution
to the successful performance of private security functions
in areas of combat operations or other significant military
operations.
(b) Revised Regulations.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall revise the regulations promulgated under section 862 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 2302 note) to ensure that such
regulations--

[[Page H8672]]

(1) establish criteria for defining standard practices for
the performance of private security functions, which shall
reflect input from industry representatives as well as the
Inspector General of the Department of Defense; and
(2) establish criteria for weapons training programs for
contractors performing private security functions, including
minimum requirements for weapons training programs of
instruction and minimum qualifications for instructors for
such programs.
(c) Inclusion of Third-Party Standards and Certifications
in Revised Regulations.--
(1) Standards.--If the Secretary determines that the
application of operational and business practice standards
identified pursuant to subsection (a)(1)(A) will make a
substantial contribution to the successful performance of
private security functions in areas of combat operations or
other significant military operations, the revised
regulations promulgated pursuant to subsection (b) shall
incorporate a requirement to comply with such standards,
subject to such exceptions as the Secretary may determine to
be necessary.
(2) Certifications.--If the Secretary determines that the
application of a third-party certification process identified
pursuant to subsection (a)(1)(B) will make a substantial
contribution to the successful performance of private
security functions in areas of combat operations or other
significant military operations, the revised regulations
promulgated pursuant to subsection (b) may provide for the
consideration of such certifications as a factor in the
evaluation of proposals for award of a covered contract for
the provision of private security functions, subject to such
exceptions as the Secretary may determine to be necessary.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract''
means--
(A) a contract of the Department of Defense for the
performance of services;
(B) a subcontract at any tier under such a contract; or
(C) a task order or delivery order issued under such a
contract or subcontract.
(2) Contractor.--The term ``contractor'' means, with
respect to a covered contract, the contractor or
subcontractor carrying out the covered contract.
(3) Private security functions.--The term ``private
security functions'' means activities engaged in by a
contractor under a covered contract as follows:
(A) Guarding of personnel, facilities, or property of a
Federal agency, the contractor or subcontractor, or a third
party.
(B) Any other activity for which personnel are required to
carry weapons in the performance of their duties.
(e) Exception.--The requirements of this section shall not
apply to contracts entered into by elements of the
intelligence community in support of intelligence activities.

SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE
TO REDUCE OR DENY AWARD FEES TO COMPANIES FOUND
TO JEOPARDIZE THE HEALTH OR SAFETY OF
GOVERNMENT PERSONNEL.

(a) Expansion of Dispositions Subject to Authority.--
Section 823 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2412; 10
U.S.C. 2302 note) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(5) In an administrative proceeding, a final
determination of contractor fault by the Secretary of Defense
pursuant to subsection (d).'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Determinations of Contractor Fault by Secretary of
Defense.--
``(1) In general.--In any case described by paragraph (2),
the Secretary of Defense shall--
``(A) provide for an expeditious independent investigation
of the causes of the serious bodily injury or death alleged
to have been caused by the contractor as described in that
paragraph; and
``(B) make a final determination, pursuant to procedures
established by the Secretary for purposes of this subsection,
whether the contractor, in the performance of a covered
contract, caused such serious bodily injury or death through
gross negligence or with reckless disregard for the safety of
civilian or military personnel of the Government.
``(2) Covered cases.--A case described in this paragraph is
any case in which the Secretary has reason to believe that--
``(A) a contractor, in the performance of a covered
contract, may have caused the serious bodily injury or death
of any civilian or military personnel of the Government; and
``(B) such contractor is not subject to the jurisdiction of
United States courts.
``(3) Construction of determination.--A final determination
under this subsection may be used only for the purpose of
evaluating contractor performance, and shall not be
determinative of fault for any other purpose.''.
(b) Definition of Contractor.--Paragraph (1) of subsection
(e) of such section, as redesignated by subsection (a)(2) of
this section, is amended to read as follows:
``(1) The term `contractor' means a company awarded a
covered contract and a subcontractor at any tier under such
contract.''.
(c) Technical Amendment.--Subsection (c) of such section is
further amended in the matter preceding paragraph (1) by
striking ``subsection (a)'' and inserting ``subsection (b)''.
(d) Inclusion of Determinations of Contractor Fault in
Database for Federal Agency Contract and Grant Officers and
Suspension and Debarment Officials.--Section 872(c)(1) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4556) is amended by
adding at the end the following new subparagraph:
``(E) In an administrative proceeding, a final
determination of contractor fault by the Secretary of Defense
pursuant to section 823(d) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302
note).''.
(e) Effective Date.--The requirements of section 823 of the
National Defense Authorization Act for Fiscal Year 2010, as
amended by subsections (a) through (c), shall apply with
respect to the following:
(1) Any contract entered into on or after the date of the
enactment of this Act.
(2) Any task order or delivery order issued on or after the
date of the enactment of this Act under a contract entered
into before, on, or after that date.

SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW
ON CONTRACTING IN IRAQ AND AFGHANISTAN.

Section 863 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is
amended to read as follows:

``SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL
REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

``(a) Joint Report Required.--
``(1) In general.--Except as provided in paragraph (6),
every 12 months, the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development shall submit to the relevant
committees of Congress a joint report on contracts in Iraq or
Afghanistan.
``(2) Primary matters covered.--A report under this
subsection shall, at a minimum, cover the following with
respect to contracts in Iraq and Afghanistan during the
reporting period:
``(A) Total number of contracts awarded.
``(B) Total number of active contracts.
``(C) Total value of all contracts awarded.
``(D) Total value of active contracts.
``(E) The extent to which such contracts have used
competitive procedures.
``(F) Total number of contractor personnel working on
contracts at the end of each quarter of the reporting period.
``(G) Total number of contractor personnel who are
performing security functions at the end of each quarter of
the reporting period.
``(H) Total number of contractor personnel killed or
wounded.
``(3) Additional matters covered.--A report under this
subsection shall also cover the following:
``(A) The sources of information and data used to compile
the information required under paragraph (2).
``(B) A description of any known limitations of the data
reported under paragraph (2), including known limitations of
the methodology and data sources used to compile the report.
``(C) Any plans for strengthening collection, coordination,
and sharing of information on contracts in Iraq and
Afghanistan through improvements to the common databases
identified under section 861(b)(4).
``(4) Reporting period.--A report under this subsection
shall cover a period of not less than 12 months.
``(5) Submission of reports.--The Secretaries and the
Administrator shall submit an initial report under this
subsection not later than February 1, 2011, and shall submit
an updated report by February 1 of every year thereafter
until February 1, 2013.
``(6) Exception.--If the total annual amount of obligations
for contracts in Iraq and Afghanistan combined is less than
$250,000,000 for the reporting period, for all three agencies
combined, the Secretaries and the Administrator may submit,
in lieu of a report, a letter stating the applicability of
this paragraph, with such documentation as the Secretaries
and the Administrator consider appropriate.
``(7) Estimates.--In determining the total number of
contractor personnel working on contracts under paragraph
(2)(F), the Secretaries and the Administrator may use
estimates for any category of contractor personnel for which
they determine it is not feasible to provide an actual count.
The report shall fully disclose the extent to which estimates
are used in lieu of an actual count.
``(b) Comptroller General Review and Report.--
``(1) In general.--Within 180 days after submission of each
annual joint report required under subsection (a), but in no
case later than August 5 of each year until 2013, the
Comptroller General of the United States shall review the
joint report and submit to the relevant committees of
Congress a report on such review.
``(2) Matters covered.--A report under this subsection
shall, at minimum--
``(A) assess the data and data sources used in developing
the joint report;
``(B) review how the Department of Defense, the Department
of State, and the United States Agency for International
Development are using the data and the data sources used to
develop the joint report in

[[Page H8673]]

managing, overseeing, and coordinating contracting in Iraq
and Afghanistan;
``(C) assess the plans of the departments and agency for
strengthening or improving the common databases identified
under section 861(b)(4); and
``(D) review and make recommendations on any specific
contract or class of contracts that the Comptroller General
determines raises issues of significant concern.
``(3) Access to databases and other information.--The
Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development shall provide to the Comptroller General full
access to information on contracts in Iraq and Afghanistan
for the purposes of the review carried out under this
subsection, including the common databases identified under
section 861(b)(4).''.

Subtitle E--Other Matters

SEC. 841. IMPROVEMENTS TO STRUCTURE AND FUNCTIONING OF JOINT
REQUIREMENTS OVERSIGHT COUNCIL.

(a) Vice Chairman of Joint Chiefs of Staff To Be Chairman
of Council.--Subsection (c) of section 181 of title 10,
United States Code, is amended--
(1) in paragraph (1), by inserting ``Vice'' before
``Chairman of the Joint Chiefs of Staff'';
(2) in paragraph (2), by striking ``, other than the
Chairman of the Joint Chiefs of Staff,'' and inserting
``under subparagraphs (B), (C), (D), and (E) of paragraph
(1)''; and
(3) by striking paragraph (3).
(b) Role of Commanders of Combatant Commands as Members of
Council.--Paragraph (1) of subsection (c) of such section is
further amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) in addition, when directed by the chairman, the
commander of any combatant command (or, as directed by that
commander, the deputy commander of that command) when matters
related to the area of responsibility or functions of that
command will be under consideration by the Council.''.
(c) Civilian Advisors.--
(1) Additional civilian advisors.--Subsection (d) of such
section is amended by striking ``The Under Secretary'' and
all that follows through ``and expertise.'' and inserting:
``The following officials of the Department of Defense shall
serve as advisors to the Council on matters within their
authority and expertise:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(B) The Under Secretary of Defense (Comptroller).
``(C) The Under Secretary of Defense for Policy.
``(D) The Director of Cost Assessment and Program
Evaluation.
``(E) The Director of Operational Test and Evaluation.
``(F) Such other civilian officials of the Department of
Defense as are designated by the Secretary of Defense for
purposes of this subsection.''.
(2) Conforming amendment.--Subsection (b)(3) of such
section is amended by striking ``Under Secretary of Defense
(Comptroller), the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Director of
Cost Assessment and Performance Evaluation'' and inserting
``advisors to the Council under subsection (d)''.
(d) Recognition of Permanent Nature of Council.--Subsection
(a) of such section is amended by striking ``The Secretary of
Defense shall establish'' and inserting ``There is''.

SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND
PERFORMANCE OF SUSTAINABLE PRODUCTS AND
SERVICES.

(a) Finding.--Congress finds the following:
(1) Executive Order No. 13514, dated October 5, 2009,
requires the departments and agencies of the Federal
Government to establish an integrated strategy towards the
procurement of sustainable products and services.
(2) The Department of Defense Strategic Sustainability
Performance Plan, issued in August 2010, provides a framework
for the Department's compliance with Executive Order No.
13514 and other applicable sustainability requirements.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the status of the achievement by the Department of Defense of
the objectives and goals on the procurement of sustainable
products and services established by section 2(h) of
Executive Order No. 13514.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the actions taken, and to be taken, by
the Department to identify particular sustainable products
and services that contribute to the achievement of the
objectives and goals described in paragraph (1).
(B) An assessment of the tools available to the Department
to promote the use of particular sustainable products and
services identified pursuant to the actions described in
subparagraph (A) across the Department, and a description of
the actions taken, and to be taken, by the Department to use
such tools.
(C) A description of strategies and tools identified by the
Department that could assist the other departments and
agencies of the Federal Government in procuring sustainable
products and services, including a description of mechanisms
for sharing best practices in such procurement, as identified
by the Department, among the other departments and agencies
of the Federal Government.
(D) An assessment of the progress the Department has made
toward the achievement of the objectives and goals described
in paragraph (1), including the scorecard identified in its
Strategic Sustainability Performance Plan.

SEC. 843. ASSESSMENT AND PLAN FOR CRITICAL RARE EARTH
MATERIALS IN DEFENSE APPLICATIONS.

(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall undertake
an assessment of the supply and demand for rare earth
materials in defense applications and identify which, if any,
rare earth material meets both of the following criteria:
(A) The rare earth material is critical to the production,
sustainment, or operation of significant United States
military equipment.
(B) The rare earth material is subject to interruption of
supply, based on actions or events outside the control of the
Government of the United States.
(2) Evaluation of supply.--The assessment shall include a
comprehensive evaluation of the long-term security and
availability of all aspects of the supply chain for rare
earth materials in defense applications, particularly the
location and number of sources at each step of the supply
chain, including--
(A) mining of rare earth ores;
(B) separation of rare earth oxides;
(C) refining and reduction of rare earth metals;
(D) creation of rare earth alloys;
(E) manufacturing of components and systems containing rare
earth materials; and
(F) recycling of components and systems to reclaim and
reuse rare earth materials.
(3) Evaluation of demand.--The assessment shall include a
comprehensive evaluation of the demand for and usage of rare
earth materials in all defense applications, including--
(A) approximations of the total amounts of individual rare
earth materials used in defense applications;
(B) determinations of which, if any, defense applications
are dependent upon rare earth materials for proper operation
and functioning; and
(C) assessments of the feasibility of alternatives to usage
of rare earth materials in defense applications.
(4) Other studies and agencies.--Any applicable studies
conducted by the Department of Defense, the Comptroller
General of the United States, or other Federal agencies
during fiscal year 2010 may be considered as partial
fulfillment of the requirements of this section. The
Secretary may consider the views of other Federal agencies,
as appropriate.
(5) Specific material included.--At a minimum, the
Secretary shall identify sintered neodymium iron boron
magnets as meeting the criteria specified in paragraph (1).
(b) Plan.--For each rare earth material identified pursuant
to subsection (a)(1), the Secretary shall develop a plan to
ensure the long-term availability of such rare earth
material, with a goal of establishing an assured source of
supply of such material in critical defense applications by
December 31, 2015. In developing the plan, the Secretary
shall consider all aspects of the material's supply chain, as
described in subsection (a)(2). The plan shall include
consideration of numerous risk mitigation methods with
respect to the material, including--
(1) an assessment of including the material in the National
Defense Stockpile;
(2) in consultation with the United States Trade
Representative, the identification of any trade practices
known to the Secretary that limit the Secretary's ability to
ensure the long-term availability of such material or the
ability to meet the goal of establishing an assured source of
supply of such material by December 31, 2015;
(3) an assessment of the availability of financing to
industry, academic institutions, or not-for-profit entities
to provide the capacity required to ensure the availability
of the material, as well as potential mechanisms to increase
the availability of such financing;
(4) an assessment of the benefits, if any, of Defense
Production Act funding to support the establishment of an
assured source of supply for military components;
(5) an assessment of funding for research and development
related to any aspect of the rare earth material supply chain
or research on alternatives and substitutes;
(6) any other risk mitigation method determined appropriate
by the Secretary that is consistent with the goal of
establishing an assured source of supply by December 31,
2015; and
(7) for steps of the rare earth material supply chain for
which no other risk mitigation method, as described in
paragraphs (1) through (6), will ensure an assured source of
supply by December 31, 2015, a specific plan to eliminate
supply chain vulnerability by the earliest date practicable.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the

[[Page H8674]]

congressional committees described in paragraph (2) a report
containing the findings of the assessment required under
subsection (a) and the plan developed under subsection (b).
(2) Congressional committees.--The congressional committees
described in this paragraph are as follows:
(A) The congressional defense committees.
(B) The Committee on Science and Technology, the Committee
on Financial Services, and the Committee on Ways and Means of
the House of Representatives.
(C) The Committee on Energy and Natural Resources, the
Committee on Finance, and the Committee on Banking, Housing,
and Urban Affairs of the Senate.

SEC. 844. REVIEW OF NATIONAL SECURITY EXCEPTION TO
COMPETITION.

(a) Review Required.--The Comptroller General of the United
States shall review the use of the national security
exception to full and open competition provided in section
2304(c)(6) of title 10, United States Code, by the Department
of Defense.
(b) Matters Reviewed.--The review of the use of the
national security exception required by subsection (a) shall
include--
(1) the pattern of usage of such exception by acquisition
organizations within the Department to determine which
organizations are commonly using the exception and the
frequency of such usage;
(2) the range of items or services being acquired through
the use of such exception;
(3) the process for reviewing and approving justifications
involving such exception;
(4) whether the justifications for use of such exception
typically meet the relevant requirements of the Federal
Acquisition Regulation applicable to the use of such
exception;
(5) issues associated with follow-on procurements for items
or services acquired using such exception; and
(6) potential additional instances where such exception
could be applied and any authorities available to the
Department other than such exception that could be applied in
such instances.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the review required by
subsection (a), including a discussion of each of the matters
specified in subsection (b). The report shall include any
recommendations relating to the matters reviewed that the
Secretary considers appropriate. The report shall be
submitted in unclassified form but may include a classified
annex.

SEC. 845. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES
THAT ARE NOT UNDER FOREIGN OWNERSHIP CONTROL OR
INFLUENCE MITIGATION.

(a) Requirement.--The Secretary of Defense shall develop a
plan to ensure that covered entities employ and maintain
policies and procedures that meet requirements under the
national industrial security program. In developing the plan,
the Secretary shall consider whether or not covered entities,
or any category of covered entities, should be required to
establish government security committees similar to those
required for companies that are subject to foreign ownership
control or influence mitigation measures.
(b) Covered Entity.--A covered entity under this section is
an entity--
(1) to which the Department of Defense has granted a
facility clearance; and
(2) that is not subject to foreign ownership control or
influence mitigation measures.
(c) Guidance.--The Secretary of Defense shall issue
guidance, including appropriate compliance mechanisms, to
implement the requirement in subsection (a). To the extent
determined appropriate by the Secretary, the guidance shall
require covered entities, or any category of covered
entities, to establish government security committees similar
to those required for companies that are subject to foreign
ownership control or influence mitigation measures.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the plan developed pursuant to
subsection (a) and the guidance issued pursuant to subsection
(c). The report shall specifically address the rationale for
the Secretary's decision on whether or not to require covered
entities, or any category of covered entities, to establish
government security committees similar to those required for
companies that are subject to foreign ownership control or
influence mitigation measures.

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.

(a) Contract Requirement.--The Secretary of Defense shall
ensure that each contract described in subsection (b) awarded
by the Department of Defense includes a provision requiring
the photovoltaic devices provided under the contract to
comply with the Buy American Act (41 U.S.C. 10a et seq.),
subject to the exceptions to that Act provided in the Trade
Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise
provided by law.
(b) Contracts Described.--The contracts described in this
subsection include energy savings performance contracts,
utility service contracts, land leases, and private housing
contracts, to the extent that such contracts result in
ownership of photovoltaic devices by the Department of
Defense. For the purposes of this section, the Department of
Defense is deemed to own a photovoltaic device if the device
is--
(1) installed on Department of Defense property or in a
facility owned by the Department of Defense; and
(2) reserved for the exclusive use of the Department of
Defense for the full economic life of the device.
(c) Definition of Photovoltaic Devices.--In this section,
the term ``photovoltaic devices'' means devices that convert
light directly into electricity through a solid-state,
semiconductor process.

SEC. 847. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN
REQUIREMENTS FOR PROCUREMENT OF HAND OR
MEASURING TOOLS.

Section 2533a(c) of title 10, United States Code, is
amended by striking ``subsection (b)(1)'' and inserting
``subsection (b)''.

SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY
OPERATIONS.

(a) Defense Science Board Review of Organization, Training,
and Planning.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall direct
the Defense Science Board to carry out a review of Department
of Defense organization, doctrine, training, and planning for
contractor logistics support of contingency operations.
(b) Matters To Be Addressed.--
(1) In general.--The matters addressed by the review
required by subsection(a) shall include, at a minimum, the
following:
(A) Department of Defense policies and procedures for
planning for contractor logistics support of contingency
operations.
(B) Department organization and staffing for the
implementation of such policies and procedures.
(C) The development of Department doctrine for contractor
logistics support of contingency operations.
(D) The training of Department military and civilian
personnel for the planning, management, and oversight of
contractor logistics support of contingency operations.
(E) The extent to which the Department should rely upon
contractor logistics support in future contingency
operations, and the risks associated with reliance on such
support.
(F) Any logistics support functions for contingency
operations for which the Department should establish or
retain an organic capability.
(G) The scope and level of detail on contractor logistics
support of contingency operations that is currently included
in operational plans, and that should be included in
operational plans.
(H) Contracting mechanisms and contract vehicles that are
currently used, and should be used, to provide contractor
logistics support of contingency operations.
(I) Department organization and staffing for the management
and oversight of contractor logistics support of contingency
operations.
(J) Actions that could be taken to improve Department
management and oversight of contractors providing logistics
support of contingency operations.
(K) The extent to which logistics support of contingency
operations has been, and should be, provided by
subcontractors, and the advantages and disadvantages of
reliance upon subcontractors for that purpose.
(L) The extent to which logistics support of contingency
operations has been, and should be, provided by local
nationals and third country nationals, and the advantages and
disadvantages of reliance upon such sources for that purpose.
(2) Findings and recommendations.--The review required by
subsection (a) shall include findings and recommendations
related to--
(A) legislative or policy guidance to address the matters
listed in paragraph (1); and
(B) whether and to what extent the quadrennial defense
review (conducted pursuant to section 118 of title 10, United
States Code) or assessments by the Chairman of the Joint
Chiefs of Staff for the biennial review of the national
military strategy (conducted pursuant to section 153(d) of
such title) should be required to address requirements for
contractor support of the Armed Forces in conducting
peacetime training, peacekeeping, overseas contingency
operations, and major combat operations, and the risks
associated with such support.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of
the review required by subsection (a). The report shall
include the findings and recommendations of the Defense
Science Board, including such recommendations for legislative
or administrative action as the Board considers appropriate,
together with any comments the Secretary considers
appropriate.

Subtitle F--Improve Acquisition Act

SEC. 860. SHORT TITLE.

This subtitle may be cited as the ``Improve Acquisition Act
of 2010''.

PART I--DEFENSE ACQUISITION SYSTEM

SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE DEFENSE
ACQUISITION SYSTEM.

(a) Management of the Defense Acquisition System.--Part IV
of title 10, United States Code, is amended by inserting
after chapter 148 the following new chapter:

``CHAPTER 149--DEFENSE ACQUISITION SYSTEM

``Sec.

[[Page H8675]]

``2545. Definitions.
``2546. Civilian management of the defense acquisition system.
``2547. Acquisition-related functions of chiefs of the armed forces.
``2548. Performance assessments of the defense acquisition system.

``Sec. 2545. Definitions

``In this chapter:
``(1) The term `acquisition' has the meaning provided in
section 4(16) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(16)).
``(2) The term `defense acquisition system' means the
workforce engaged in carrying out the acquisition of property
and services for the Department of Defense; the management
structure responsible for directing and overseeing the
acquisition of property and services for the Department of
Defense; and the statutory, regulatory, and policy framework
that guides the acquisition of property and services for the
Department of Defense.
``(3) The term `element of the defense acquisition system'
means an organization that employs members of the acquisition
workforce, carries out acquisition functions, and focuses
primarily on acquisition.
``(4) The term `acquisition workforce' has the meaning
provided in section 101(a)(18) of this title.

``Sec. 2546. Civilian management of the defense acquisition
system

``(a) Responsibility of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.--Subject to the
authority, direction and control of the Secretary of Defense,
the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall be responsible for the management of the
defense acquisition system and shall exercise such control of
the system and perform such duties as are necessary to ensure
the successful and efficient operation of the defense
acquisition system, including the duties enumerated and
assigned to the Under Secretary elsewhere in this title.
``(b) Responsibility of the Service Acquisition
Executives.--Subject to the direction of the Under Secretary
of Defense for Acquisition, Technology, and Logistics on
matters pertaining to acquisition, and subject to the
authority, direction, and control of the Secretary of the
military department concerned, a service acquisition
executive of a military department shall be responsible for
the management of elements of the defense acquisition system
in that military department and shall exercise such control
of the system and perform such duties as are necessary to
ensure the successful and efficient operation of such
elements of the defense acquisition system.

``Sec. 2547. Acquisition-related functions of chiefs of the
armed forces

``(a) Performance of Certain Acquisition-related
Functions.--The Secretary of Defense shall ensure that the
Chief of Staff of the Army, the Chief of Naval Operations,
the Chief of Staff of the Air Force, and the Commandant of
the Marine Corps assist the Secretary of the military
department concerned in the performance of the following
acquisition-related functions of such department:
``(1) The development of requirements relating to the
defense acquisition system (subject, where appropriate, to
validation by the Joint Requirements Oversight Council
pursuant to section 181 of this title).
``(2) The coordination of measures to control requirements
creep in the defense acquisition system.
``(3) The development of career paths in acquisition for
military personnel (as required by section 1722a of this
title).
``(4) The assignment and training of contracting officer
representatives when such representatives are required to be
members of the armed forces because of the nature of the
contract concerned.
``(b) Rule of Construction.--Nothing in this section shall
be construed to affect the assignment of functions under
section 3014(c)(1)(A), section 5014(c)(1)(A), or section
8014(c)(1)(A) of this title, except as explicitly provided in
this section.
``(c) Definitions.--In this section:
``(1) The term `requirements creep' means the addition of
new technical or operational specifications after a
requirements document is approved by the appropriate
validation authority for the requirements document.
``(2) The term `requirements document' means a document
produced in the requirements process that is provided for an
acquisition program to guide the subsequent development,
production, and testing of the program and that--
``(A) justifies the need for a materiel approach, or an
approach that is a combination of materiel and non-materiel,
to satisfy one or more specific capability gaps;
``(B) details the information necessary to develop an
increment of militarily useful, logistically supportable, and
technically mature capability, including key performance
parameters; or
``(C) identifies production attributes required for a
single increment of a program.

``Sec. 2548. Performance assessments of the defense
acquisition system

``(a) Performance Assessments Required.--Not later than 180
days after the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011, the
Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition, Technology, and Logistics, the
Director of Procurement and Acquisition Policy, and the
Director of the Office of Performance Assessment and Root
Cause Analysis, shall issue guidance, with detailed
implementation instructions, for the Department of Defense to
provide for periodic independent performance assessments of
elements of the defense acquisition system for the purpose
of--
``(1) determining the extent to which such elements of the
defense acquisition system deliver value to the Department of
Defense, taking into consideration the performance elements
identified in subsection (b);
``(2) assisting senior officials of the Department of
Defense in identifying and developing lessons learned from
best practices and shortcomings in the performance of such
elements of the defense acquisition system; and
``(3) assisting senior officials of the Department of
Defense in developing acquisition workforce excellence under
section 1701a of this title
``(b) Areas Considered in Performance Assessments.--(1)
Each performance assessment conducted pursuant to subsection
(a) shall consider, at a minimum--
``(A) the extent to which acquisitions conducted by the
element of the defense acquisition system under review meet
applicable cost, schedule, and performance objectives; and
``(B) the staffing and quality of the acquisition workforce
and the effectiveness of the management of the acquisition
workforce, including workforce incentives and career paths.
``(2) The Secretary of Defense shall ensure that the
performance assessments required by this section are
appropriately tailored to reflect the diverse nature of the
work performed by each element of the defense acquisition
system. In addition to the mandatory areas under paragraph
(1), a performance assessment may consider, as appropriate,
specific areas of acquisition concern, such as--
``(A) the selection of contractors, including--
``(i) the extent of competition and the use of exceptions
to competition requirements;
``(ii) compliance with Department of Defense policies
regarding the participation of small business concerns and
various categories of small business concerns, including the
use of contract bundling and the availability of non-bundled
contract vehicles;
``(iii) the quality of market research;
``(iv) the effective consideration of contractor past
performance; and
``(v) the number of bid protests, the extent to which such
bid protests have been successful, and the reasons for such
success;
``(B) the negotiation of contracts, including--
``(i) the appropriate application of section 2306a of this
title (relating to truth in negotiations);
``(ii) the appropriate use of contract types appropriate to
specific procurements;
``(iii) the appropriate use of performance requirements;
``(iv) the appropriate acquisition of technical data and
other rights and assets necessary to support long-term
sustainment and follow-on procurement; and
``(v) the timely definitization of any undefinitized
contract actions; and
``(C) the management of contractor performance, including--
``(i) the assignment of appropriately qualified contracting
officer representatives and other contract management
personnel;
``(ii) the extent of contract disputes, the reasons for
such disputes, and the extent to which they have been
successfully addressed;
``(iii) the appropriate consideration of long-term
sustainment and energy efficiency objectives; and
``(iv) the appropriate use of integrated testing.
``(c) Contents of Guidance.--The guidance issued pursuant
to subsection (a) shall ensure that each element of the
defense acquisition system is subject to a performance
assessment under this section not less often than once every
four years, and shall address, at a minimum--
``(1) the designation of elements of the defense
acquisition system that are subject to performance assessment
at an organizational level that ensures such assessments can
be performed in an efficient and integrated manner;
``(2) the frequency with which such performance assessments
should be conducted;
``(3) goals, standards, tools, and metrics for use in
conducting performance assessments;
``(4) the composition of the teams designated to perform
performance assessments;
``(5) any phase-in requirements needed to ensure that
qualified staff are available to perform performance
assessments;
``(6) procedures for tracking the implementation of
recommendations made pursuant to performance assessments;
``(7) procedures for developing and disseminating lessons
learned from performance assessments; and
``(8) procedures for ensuring that information from
performance assessments are retained electronically and are
provided in a timely manner to the Under Secretary of Defense
for Acquisition, Technology, and Logistics and the Director
of the Office of Performance Assessment and Root Cause
Analysis as needed to assist them in performing their
responsibilities under this section.
``(d) Performance Goals Under Government Performance
Results Act of 1993.--Beginning with fiscal year 2012, the
annual performance plan prepared by the Department of Defense
pursuant to section 1115 of

[[Page H8676]]

title 31 shall include appropriate performance goals for
elements of the defense acquisition system.
``(e) Reporting Requirements.--Beginning with fiscal year
2012--
``(1) the annual report prepared by the Secretary of
Defense pursuant to section 1116 of title 31, United States
Code, shall address the Department's success in achieving
performance goals established pursuant to such section for
elements of the defense acquisition system; and
``(2) the annual report prepared by the Director of the
Office of Performance Assessment and Root Cause Analysis
pursuant to section 103(f) of the Weapon Systems Acquisition
Reform Act of 2009 (10 U.S.C. 2430 note), shall include
information on the activities undertaken by the Department
pursuant to such section, including a summary of significant
findings or recommendations arising out of performance
assessments.''.
(b) Clerical Amendments.--The table of chapters at the
beginning of subtitle A of title 10, United States Code, and
at the beginning of part IV of such subtitle, are each
amended by inserting after the item relating to chapter 148
the following new item:

``149. Defense Acquisition System...........................2545''.....

SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES
INTEGRATION AND DEVELOPMENT SYSTEM.

(a) Report Required.--The Comptroller General of the United
States shall carry out a comprehensive review of the Joint
Capabilities Integration and Development System (in this
section referred to as ``JCIDS''). Not later than one year
after the date of the enactment of this Act, the Comptroller
General shall submit to the congressional defense committees
a report on the review and include in such report any
recommendations the Comptroller General considers necessary
and advisable to improve or replace JCIDS.
(b) Content of the Review.--
(1) Purpose.--The purpose of the review required by
subsection (a) is to evaluate the effectiveness of JCIDS in
achieving the following objectives:
(A) Timeliness in delivering capability to the warfighter.
(B) Efficient use of the investment resources of the
Department of Defense.
(C) Control of requirements creep.
(D) Responsiveness to changes occurring after the approval
of a requirements document (including changes to the threat
environment, the emergence of new capabilities, or changes in
the resources estimated to procure or sustain a capability).
(E) Development of the personnel skills, capacity, and
training needed for an effective and efficient requirements
process.
(2) Matters considered.--In performing the review, the
Comptroller General shall gather information on and consider
the following matters:
(A) The time that requirements documents take to receive
approval through JCIDS.
(B) The quality of cost information considered in JCIDS and
the extent of its consideration.
(C) The extent to which JCIDS establishes a meaningful
level of priority for requirements.
(D) The extent to which JCIDS is considering trade-offs
between cost, schedule, and performance objectives.
(E) The quality of information on sustainment considered in
JCIDS and the extent to which sustainment information is
considered.
(F) An evaluation of the advantages and disadvantages of
designating a commander of a unified combatant command for
each requirements document for which the Joint Requirements
Oversight Council is the validation authority to provide a
joint evaluation task force to participate in a materiel
solution and to--
(i) provide input to the analysis of alternatives;
(ii) participate in testing (including limited user tests
and prototype testing);
(iii) provide input on a concept of operations and
doctrine;
(iv) provide end user feedback to the resource sponsor; and
(v) participate, through the combatant commander concerned,
in any alteration of the requirement for such solution.
(c) Definitions.--In this section:
(1) Joint capabilities integration and development
system.--The term ``Joint Capabilities Integration and
Development System'' means the system for the assessment,
review, validation, and approval of joint warfighting
requirements that is described in Chairman of the Joint
Chiefs of Staff Instruction 3170.01G
(2) Requirements document.--The term ``requirements
document'' means a document produced in JCIDS that is
provided for an acquisition program to guide the subsequent
development, production, and testing of the program and
that--
(A) justifies the need for a materiel approach, or an
approach that is a combination of materiel and non-materiel,
to satisfy one or more specific capability gaps;
(B) details the information necessary to develop an
increment of militarily useful, logistically supportable, and
technically mature capability, including key performance
parameters; or
(C) identifies production attributes required for a single
increment of a program.
(3) Requirements creep.--The term ``requirements creep''
means the addition of new technical or operational
specifications after a requirements document is approved.
(4) Materiel solution.--The term ``materiel solution''
means the development, acquisition, procurement, or fielding
of a new item, or of a modification to an existing item,
necessary to equip, operate, maintain, and support military
activities.

SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

(a) Establishment of Requirements Processes for the
Acquisition of Services.--The Secretary of Defense shall
ensure that the military departments and Defense Agencies
each establish a process for identifying, assessing,
reviewing, and validating requirements for the acquisition of
services.
(b) Operational Requirements.--With regard to requirements
for the acquisition of services in support of combatant
commands and military operations, the Secretary shall
ensure--
(1) that the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps implement and bear chief
responsibility for carrying out, within the Armed Force
concerned, the process established pursuant to subsection (a)
for such Armed Force; and
(2) that commanders of unified combatant commands and other
officers identified or designated as joint qualified officers
have an opportunity to participate in the process of each
military department to provide input on joint requirements
for the acquisition of services.
(c) Supporting Requirements.--With regard to requirements
for the acquisition of services not covered by subsection
(b), the Secretary shall ensure that the secretaries of the
military departments and the heads of the Defense Agencies
implement and bear chief responsibility for carrying out,
within the military department or Defense Agency concerned,
the process established pursuant to subsection (a) for such
military department or Defense Agency.
(d) Implementation Plans Required.--The Secretary shall
ensure that an implementation plan is developed for each
process established pursuant to subsection (a) that
addresses, at a minimum, the following:
(1) The organization of such process.
(2) The level of command responsibility required for
identifying, assessing, reviewing, and validating
requirements for the acquisition of services in accordance
with the requirements of this section and the categories
established under section 2330(a)(1)(C) of title 10, United
States Code.
(3) The composition of positions necessary to operate such
process.
(4) The training required for personnel engaged in such
process.
(5) The relationship between doctrine and such process.
(6) Methods of obtaining input on joint requirements for
the acquisition of services.
(7) Procedures for coordinating with the acquisition
process.
(8) Considerations relating to opportunities for strategic
sourcing.
(e) Matters Required in Implementation Plan.--Each plan
required under subsection (d) shall provide for initial
implementation of a process for identifying, assessing,
reviewing, and validating requirements for the acquisition of
services not later than one year after the date of the
enactment of this Act and shall provide for full
implementation of such process at the earliest date
practicable.
(f) Consistency With Joint Guidance.--Whenever, at any
time, guidance is issued by the Chairman of the Joint Chiefs
of Staff relating to requirements for the acquisition of
services in support of combatant commands and military
operations, each process established pursuant to subsection
(a) shall be revised in accordance with such joint guidance.
(g) Definition.--The term ``requirements for the
acquisition of services'' means objectives to be achieved
through acquisitions primarily involving the procurement of
services.
(h) Review of Supporting Requirements To Identify
Savings.--The secretaries of the military departments and the
heads of the Defense Agencies shall review and validate each
requirement described in subsection (c) with an anticipated
cost in excess of $10,000,000 with the objective of
identifying unneeded or low priority requirements that can be
reduced or eliminated, with the savings transferred to higher
priority objectives. Savings identified and transferred to
higher priority objectives through review and revalidation
under this subsection shall count toward the savings
objectives established in the June 4, 2010, guidance of the
Secretary of Defense on improved operational efficiencies and
the annual reduction in funding for service support
contractors required by the August 16, 2010, guidance of the
Secretary of Defense on efficiency initiatives. As provided
by the Secretary, cost avoidance shall not count toward these
objectives.
(i) Extension of Authority.--Subsection (e) of section 834
of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (15 U.S.C. 637 note) is amended by striking
``September 30, 2010'' and inserting ``December 31, 2011''.

SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE.

(a) Review of Guidance.--The Secretary of Defense shall
review the acquisition guidance of the Department of Defense,
including, at a minimum, the guidance contained in Department
of Defense Instruction 5000.02 entitled ``Operation of the
Defense Acquisition System''.

[[Page H8677]]

(b) Matters Considered.--The review performed under
subsection (a) shall consider--
(1) the extent to which the acquisition of commercial goods
and commodities, commercial and military unique services, and
information technology should be addressed in Department of
Defense Instruction 5000.02 and other guidance primarily
relating to the acquisition of weapon systems, or should be
addressed in separate instructions and guidance;
(2) whether long-term sustainment and energy efficiency of
weapon systems is appropriately emphasized;
(3) whether appropriate mechanisms exist to communicate
information relating to the mission needs of the Department
of Defense to the industrial base in a way that allows the
industrial base to make appropriate investments in
infrastructure, capacity, and technology development to help
meet such needs;
(4) the extent to which earned value management should be
required on acquisitions not involving the acquisition of
weapon systems and whether measures of quality and technical
performance should be included in any earned value management
system; and
(5) such other matters as the Secretary considers
appropriate.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report detailing any changes in
the acquisition guidance of the Department of Defense
identified during the review required by subsection (a), and
any actions taken, or planned to be taken, to implement such
changes.

SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES
ACQUISITION THROUGHOUT THE FEDERAL ACQUISITION
REGULATION AND THE DEFENSE FEDERAL ACQUISITION
REGULATION SUPPLEMENT.

(a) Review Required.--The Secretary of Defense, in
consultation with the Administrator for Federal Procurement
Policy and the heads of such other Federal agencies as the
Secretary considers appropriate, shall review the Federal
Acquisition Regulation and the Defense Federal Acquisition
Regulation Supplement to ensure that such regulations include
appropriate guidance for and references to services
acquisition that are in addition to references provided in
part 37 and the Defense Supplement to part 37.
(b) Matters Considered.--The review required by subsection
(a) shall consider the extent to which additional guidance is
needed--
(1) to provide the tools and processes needed to assist
contracting officials in addressing the full range of
complexities that can arise in the acquisition of services;
and
(2) to enhance and support the procurement and project
management community in all aspects of the process for the
acquisition of services, including requirements development,
assessment of reasonableness, and post-award management and
oversight.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report containing--
(1) a summary of the findings of the review required by
subsection (a); and
(2) any recommendations that the Secretary may have for
changes to the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement to address such
findings, including identifying any changes that are
necessary to improve part 37 (which specifically addresses
services acquisitions).

SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE
NONDEVELOPMENTAL ITEMS.

(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may carry out a
pilot program to assess the feasability and advisability of
acquiring military purpose nondevelopmental items in
accordance with this section.
(2) Scope of program.--Under the pilot program, the
Secretary may enter into contracts with nontraditional
defense contractors for the acquisition of military purpose
nondevelopmental items in accordance with the requirements
set forth in subsection (b).
(b) Contract Requirements.--Each contract entered into
under the pilot program--
(1) shall be a firm, fixed price contract, or a firm, fixed
price contract with an economic price adjustment clause
awarded using competitive procedures in accordance with
chapter 137 of title 10, United States Code;
(2) shall be in an amount not in excess of $50,000,000,
including all options;
(3) shall provide--
(A) for the delivery of an initial lot of production
quantities of completed items not later than nine months
after the date of the award of such contract; and
(B) that failure to make delivery as provided for under
subparagraph (A) may result in the termination of such
contract for default; and
(4) shall be--
(A) exempt from the requirement to submit certified cost or
pricing data under section 2306a of title 10, United States
Code, and the cost accounting standards under section 26 of
the Office of Federal Procurement Policy Act (41 U.S.C. 422);
and
(B) subject to the requirement to provide data other than
certified cost or pricing data for the purpose of price
reasonableness determinations, as provided in section
2306a(d) of title 10, United States Code.
(c) Regulations.--If the Secretary establishes the pilot
program authorized under subsection (a), the Secretary shall
prescribe regulations governing such pilot program. Such
regulations shall be included in regulations of the
Department of Defense prescribed as part of the Federal
Acquisition Regulation and shall include the contract clauses
and procedures necessary to implement such program.
(d) Reports.--
(1) Reports on program activities.--Not later than 60 days
after the end of any fiscal year in which the pilot program
is in effect, the Secretary shall submit to the congressional
defense committees a report on the pilot program. The report
shall be in unclassified form but may include a classified
annex. Each report shall include, for each contract entered
into under the pilot program in the preceding fiscal year,
the following:
(A) The contractor.
(B) The item or items to be acquired.
(C) The military purpose to be served by such item or
items.
(D) The amount of the contract.
(E) The actions taken by the Department of Defense to
ensure that the price paid for such item or items is fair and
reasonable.
(2) Program assessment.--If the Secretary establishes the
pilot program authorized under subsection (a), not later than
four years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth the
assessment of the Comptroller General of the extent to which
the pilot program--
(A) enabled the Department to acquire items that otherwise
might not have been available to the Department;
(B) assisted the Department in the rapid acquisition and
fielding of capabilities needed to meet urgent operational
needs; and
(C) protected the interests of the United States in paying
fair and reasonable prices for the item or items acquired.
(e) Definitions.--In this section:
(1) The term ``military purpose nondevelopmental item''
means a nondevelopmental item that meets a validated military
requirement, as determined in writing by the responsible
program manager, and has been developed exclusively at
private expense. For purposes of this paragraph, an item
shall not be considered to be developed exclusively at
private expense if development of the item was paid for in
whole or in part through--
(A) independent research and development costs or bid and
proposal costs that have been reimbursed directly or
indirectly by a Federal agency or have been submitted to a
Federal agency for reimbursement; or
(B) foreign government funding.
(2) The term ``nondevelopmental item''--
(A) has the meaning given that term in section 4(13) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(13));
and
(B) also includes previously developed items of supply that
require modifications other than those customarily available
in the commercial marketplace if such modifications are
consistent with the requirement in subsection (b)(3)(A).
(3) The term ``nontraditional defense contractor'' has the
meaning given that term in section 2302(9) of title 10,
United States Code (as added by subsection (g)).
(4) The terms ``independent research and developments
costs'' and ``bid and proposal costs'' have the meaning given
such terms in section 31.205-18 of the Federal Acquisition
Regulation.
(f) Sunset.--
(1) In general.--The authority to carry out the pilot
program shall expire on the date that is five years after the
date of the enactment of this Act.
(2) Continuation of current contracts.--The expiration
under paragraph (1) of the authority to carry out the pilot
program shall not affect the validity of any contract awarded
under the pilot program before the date of the expiration of
the pilot program under that paragraph.
(g) Statutory Definition of Nontraditional Defense
Contractor.--
(1) Nontraditional defense contractor.--Section 2302 of
title 10, United States Code, is amended by adding at the end
the following:
``(9) The term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) of this title, means an
entity that is not currently performing and has not
performed, for at least the one-year period preceding the
solicitation of sources by the Department of Defense for the
procurement or transaction, any of the following for the
Department of Defense:
``(A) Any contract or subcontract that is subject to full
coverage under the cost accounting standards prescribed
pursuant to section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422) and the regulations implementing
such section.
``(B) Any other contract in excess of $500,000 under which
the contractor is required to submit certified cost or
pricing data under section 2306a of this title.''.
(2) Conforming amendment.--Section 845(f) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C.
2371 note) is amended to read as follows:
``(f) Nontraditional Defense Contractor Defined.--In this
section, the term `nontraditional defense contractor' has the

[[Page H8678]]

meaning provided by section 2302(9) of title 10, United
States Code.''.

PART II--DEFENSE ACQUISITION WORKFORCE

SEC. 871. ACQUISITION WORKFORCE EXCELLENCE.

(a) Acquisition Workforce Excellence.--Subchapter I of
chapter 87 of title 10, United States Code, is amended by
inserting after section 1701 the following new section:

``Sec. 1701a. Management for acquisition workforce excellence

``(a) Purpose.--The purpose of this chapter is to require
the Department of Defense to develop and manage a highly
skilled professional acquisition workforce--
``(1) in which excellence and contribution to mission is
rewarded;
``(2) which has the technical expertise and business skills
to ensure the Department receives the best value for the
expenditure of public resources;
``(3) which serves as a model for performance management of
employees of the Department; and
``(4) which is managed in a manner that complements and
reinforces the management of the defense acquisition system
pursuant to chapter 149 of this title.
``(b) Performance Management.--In order to achieve the
purpose set forth in subsection (a), the Secretary of Defense
shall--
``(1) use the full authorities provided in subsections (a)
through (d) of section 9902 of title 5, including
flexibilities related to performance management and hiring
and to training of managers;
``(2) require managers to develop performance plans for
individual members of the acquisition workforce in order to
give members an understanding of how their performance
contributes to their organization's mission and the success
of the defense acquisition system (as defined in section 2545
of this title);
``(3) to the extent appropriate, use the lessons learned
from the acquisition demonstration project carried out under
section 1762 of this title related to contribution-based
compensation and appraisal, and how those lessons may be
applied within the General Schedule system;
``(4) develop attractive career paths;
``(5) encourage continuing education and training;
``(6) develop appropriate procedures for warnings during
performance evaluations for members of the acquisition
workforce who consistently fail to meet performance
standards;
``(7) take full advantage of the Defense Civilian
Leadership Program established under section 1112 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2496; 10 U.S.C. 1580 note
prec.);
``(8) use the authorities for highly qualified experts
under section 9903 of title 5, to hire experts who are
skilled acquisition professionals to--
``(A) serve in leadership positions within the acquisition
workforce to strengthen management and oversight;
``(B) provide mentors to advise individuals within the
acquisition workforce on their career paths and opportunities
to advance and excel within the acquisition workforce; and
``(C) assist with the design of education and training
courses and the training of individuals in the acquisition
workforce; and
``(9) use the authorities for expedited security clearance
processing pursuant to section 1564 of this title.
``(c) Negotiations.--Any action taken by the Secretary
under this section, or to implement this section, shall be
subject to the requirements of chapter 71 of title 5.
``(d) Regulations.--Any rules or regulations prescribed
pursuant to this section shall be deemed an agency rule or
regulation under section 7117(a)(2) of title 5, and shall not
be deemed a Government-wide rule or regulation under section
7117(a)(1) of such title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1701 the following new item:

``1701a. Management for acquisition workforce excellence.''.

SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE
DEMONSTRATION PROJECT.

(a) Codification Into Title 10.--
(1) In general.--Chapter 87 of title 10, United States
Code, is amended by inserting after section 1761 the
following new section:

``Sec. 1762. Demonstration project relating to certain
acquisition personnel management policies and procedures

``(a) Commencement.--The Secretary of Defense is authorized
to carry out a demonstration project, the purpose of which is
to determine the feasibility or desirability of one or more
proposals for improving the personnel management policies or
procedures that apply with respect to the acquisition
workforce of the Department of Defense and supporting
personnel assigned to work directly with the acquisition
workforce.
``(b) Terms and Conditions.--(1) Except as otherwise
provided in this subsection, any demonstration project
described in subsection (a) shall be subject to section 4703
of title 5 and all other provisions of such title that apply
with respect to any demonstration project under such section.
``(2) Subject to paragraph (3), in applying section 4703 of
title 5 with respect to a demonstration project described in
subsection (a)--
``(A) `180 days' in subsection (b)(4) of such section shall
be deemed to read `120 days';
``(B) `90 days' in subsection (b)(6) of such section shall
be deemed to read `30 days'; and
``(C) subsection (d)(1) of such section shall be
disregarded.
``(3) Paragraph (2) shall not apply with respect to a
demonstration project unless--
``(A) for each organization or team participating in the
demonstration project--
``(i) at least one-third of the workforce participating in
the demonstration project consists of members of the
acquisition workforce; and
``(ii) at least two-thirds of the workforce participating
in the demonstration project consists of members of the
acquisition workforce and supporting personnel assigned to
work directly with the acquisition workforce; and
``(B) the demonstration project commences before October 1,
2007.
``(c) Limitation on Number of Participants.--The total
number of persons who may participate in the demonstration
project under this section may not exceed 120,000.
``(d) Effect of Reorganizations.--The applicability of
paragraph (2) of subsection (b) to an organization or team
shall not terminate by reason that the organization or team,
after having satisfied the conditions in paragraph (3) of
such subsection when it began to participate in a
demonstration project under this section, ceases to meet one
or both of the conditions set forth in subparagraph (A) of
such paragraph (3) as a result of a reorganization,
restructuring, realignment, consolidation, or other
organizational change.
``(e) Assessments.--(1) The Secretary of Defense shall
designate an independent organization to conduct two
assessments of the acquisition workforce demonstration
project described in subsection (a).
``(2) Each such assessment shall include the following:
``(A) A description of the workforce included in the
project.
``(B) An explanation of the flexibilities used in the
project to appoint individuals to the acquisition workforce
and whether those appointments are based on competitive
procedures and recognize veteran's preferences.
``(C) An explanation of the flexibilities used in the
project to develop a performance appraisal system that
recognizes excellence in performance and offers opportunities
for improvement.
``(D) The steps taken to ensure that such system is fair
and transparent for all employees in the project.
``(E) How the project allows the organization to better
meet mission needs.
``(F) An analysis of how the flexibilities in subparagraphs
(B) and (C) are used, and what barriers have been encountered
that inhibit their use.
``(G) Whether there is a process for--
``(i) ensuring ongoing performance feedback and dialogue
among supervisors, managers, and employees throughout the
performance appraisal period; and
``(ii) setting timetables for performance appraisals.
``(H) The project's impact on career progression.
``(I) The project's appropriateness or inappropriateness in
light of the complexities of the workforce affected.
``(J) The project's sufficiency in terms of providing
protections for diversity in promotion and retention of
personnel.
``(K) The adequacy of the training, policy guidelines, and
other preparations afforded in connection with using the
project.
``(L) Whether there is a process for ensuring employee
involvement in the development and improvement of the
project.
``(3) The first assessment under this subsection shall be
completed not later than September 30, 2012. The second and
final assessment shall be completed not later than September
30, 2016. The Secretary shall submit to the covered
congressional committees a copy of each assessment within 30
days after receipt by the Secretary of the assessment.
``(f) Covered Congressional Committees.--In this section,
the term `covered congressional committees' means--
``(1) the Committees on Armed Services of the Senate and
the House of Representatives;
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(3) the Committee on Oversight and Government Reform of
the House of Representatives.
``(g) Termination of Authority.--The authority to conduct a
demonstration program under this section shall terminate on
September 30, 2017.
``(h) Conversion.--Within 6 months after the authority to
conduct a demonstration project under this section is
terminated as provided in subsection (g), employees in the
project shall convert to the civilian personnel system
created pursuant to section 9902 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter V of chapter 87 of title 10, United
States Code, is amended by inserting after the item relating
to section 1761 the following new item:

``1762. Demonstration project relating to certain acquisition personnel
management policies and procedures.''.
(b) Conforming Repeal.--Section 4308 of the National
Defense Authorization Act for

[[Page H8679]]

Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1701 note) is
repealed.

SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILITARY
PERSONNEL IN THE ACQUISITION WORKFORCE.

(a) Career Paths.--
(1) Amendment.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1722a the following new
section:

``Sec. 1722b. Special requirements for civilian employees in
the acquisition field

``(a) Requirement for Policy and Guidance Regarding
Civilian Personnel in Acquisition.--The Secretary of Defense,
acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall establish
policies and issue guidance to ensure the proper development,
assignment, and employment of civilian members of the
acquisition workforce to achieve the objectives specified in
subsection (b).
``(b) Objectives.--Policies established and guidance issued
pursuant to subsection (a) shall ensure, at a minimum, the
following:
``(1) A career path in the acquisition field that attracts
the highest quality civilian personnel, from either within or
outside the Federal Government.
``(2) A deliberate workforce development strategy that
increases attainment of key experiences that contribute to a
highly qualified acquisition workforce.
``(3) Sufficient opportunities for promotion and
advancement in the acquisition field.
``(4) A sufficient number of qualified, trained members
eligible for and active in the acquisition field to ensure
adequate capacity, capability, and effective succession for
acquisition functions, including contingency contracting, of
the Department of Defense.
``(5) A deliberate workforce development strategy that
ensures diversity in promotion, advancement, and experiential
opportunities commensurate with the general workforce
outlined in this section.
``(c) Inclusion of Information in Annual Report.--The
Secretary of Defense shall include in the report to Congress
required under section 115b(d) of this title the following
information related to the acquisition workforce for the
period covered by the report (which shall be shown for the
Department of Defense as a whole and separately for the Army,
Navy, Air Force, Marine Corps, Defense Agencies, and Office
of the Secretary of Defense):
``(1) The total number of persons serving in the
Acquisition Corps, set forth separately for members of the
armed forces and civilian employees, by grade level and by
functional specialty.
``(2) The total number of critical acquisition positions
held, set forth separately for members of the armed forces
and civilian employees, by grade level and by other
appropriate categories (including by program manager, deputy
program manager, and division head positions), including
average length of time served in each position. For each such
category, the report shall specify the number of civilians
holding such positions compared to the total number of
positions filled.
``(3) The number of employees to whom the requirements of
subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this
title did not apply because of the exceptions provided in
paragraphs (1) and (2) of section 1732(c) of this title, set
forth separately by type of exception.
``(4) The number of times a waiver authority was exercised
under section 1724(d), 1732(d), 1734(d), or 1736(c) of this
title or any other provision of this chapter (or other
provision of law) which permits the waiver of any requirement
relating to the acquisition workforce, and in the case of
each such authority, the reasons for exercising the
authority. The Secretary may present the information provided
under this paragraph by category or grouping of types of
waivers and reasons.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 87 of such title is
amended by inserting after the item relating to section 1722a
the following new item:

``1722b. Special requirements for civilian employees in the acquisition
field.''.
(b) Career Education and Training.--Section 1723 of such
title is amended by redesignating subsection (b) as
subsection (c) and inserting after subsection (a) the
following new subsection:
``(b) Career Path Requirements.--For each career path, the
Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition, Technology, and Logistics, shall
establish requirements for the completion of course work and
related on-the-job training and demonstration of
qualifications in the critical acquisition-related duties and
tasks of the career path. The Secretary of Defense, acting
through the Under Secretary, shall also--
``(1) encourage individuals in the acquisition workforce to
maintain the currency of their acquisition knowledge and
generally enhance their knowledge of related acquisition
management disciplines through academic programs and other
self-developmental activities; and
``(2) develop key work experiences, including the creation
of a program sponsored by the Department of Defense that
facilitates the periodic interaction between individuals in
the acquisition workforce and the end user in such end user's
environment to enhance the knowledge base of such workforce,
for individuals in the acquisition workforce so that the
individuals may gain in-depth knowledge and experience in the
acquisition process and become seasoned, well-qualified
members of the acquisition workforce.''.

SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS.

(a) Continuing Education.--Section 1723 of title 10, United
States Code, as amended by section 873, is further amended by
amending subsection (a) to read as follows:
``(a) Qualification Requirements.--(1) The Secretary of
Defense shall establish education, training, and experience
requirements for each acquisition position, based on the
level of complexity of duties carried out in the position. In
establishing such requirements, the Secretary shall ensure
the availability and sufficiency of training in all areas of
acquisition, including additional training courses with an
emphasis on services contracting, market research strategies
(including assessments of local contracting capabilities),
long-term sustainment strategies, information technology, and
rapid acquisition.
``(2) In establishing such requirements for positions other
than critical acquisition positions designated pursuant to
section 1733 of this title, the Secretary may state the
requirements by categories of positions.
``(3) The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, shall establish requirements for continuing
education and periodic renewal of an individual's
certification. Any requirement for a certification renewal
shall not require a renewal more often than once every five
years.''.
(b) Standards for Training.--
(1) In general.--Subchapter IV of Chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 1748. Fulfillment standards for acquisition workforce
training

``The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, shall develop fulfillment standards, and implement
and maintain a program, for purposes of the training
requirements of sections 1723, 1724, and 1735 of this title.
Such fulfillment standards shall consist of criteria for
determining whether an individual has demonstrated competence
in the areas that would be taught in the training courses
required under those sections. If an individual meets the
appropriate fulfillment standard, the applicable training
requirement is fulfilled.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``1748. Fulfillment standards for acquisition workforce training.''.
(3) Deadline for fulfillment standards.--The fulfillment
standards required under section 1748 of title 10, United
States Code, as added by paragraph (1), shall be developed
not later than 270 days after the date of the enactment of
this Act.
(4) Conforming repeal.--Section 853 of Public Law 105-85
(111 Stat. 1851) is repealed.

SEC. 875. INFORMATION TECHNOLOGY ACQUISITION WORKFORCE.

(a) Plan Required.--The Secretary of Defense shall develop
and carry out a plan to strengthen the part of the
acquisition workforce that specializes in information
technology. The plan shall include the following:
(1) Defined targets for billets devoted to information
technology acquisition.
(2) Specific certification requirements for individuals in
the acquisition workforce who specialize in information
technology acquisition.
(3) Defined career paths for individuals in the acquisition
workforce who specialize in information technology
acquisitions.
(b) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
provided such term in section 11101 of title 40, United
States Code, and includes information technology incorporated
into a major weapon system.
(2) The term ``major weapon system'' has the meaning
provided such term in section 2379(f) of title 10, United
States Code.
(c) Deadline.--The Secretary of Defense shall develop the
plan required under this section not later than 270 days
after the date of the enactment of this Act.

SEC. 876. DEFINITION OF ACQUISITION WORKFORCE.

Section 101(a) of title 10, United States Code, is amended
by inserting after paragraph (17) the following new
paragraph:
``(18) The term `acquisition workforce' means the persons
serving in acquisition positions within the Department of
Defense, as designated pursuant to section 1721(a) of this
title.''.

SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.

(a) Curriculum Review.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall lead
a review of the curriculum offered by the Defense Acquisition
University to ensure it adequately supports the training and
education requirements of acquisition professionals,
particularly in service contracting, long term sustainment
strategies, information technology, and rapid acquisition.
The review shall also involve the service acquisition
executives of each military department.

[[Page H8680]]

(b) Analysis of Funding Requirements for Training.--
Following the review conducted under subsection (a), the
Secretary of Defense shall analyze the most recent future-
years defense program to determine the amounts of estimated
expenditures and proposed appropriations necessary to support
the training requirements of the amendments made by section
874, including any new training requirements determined after
the review conducted under subsection (a). The Secretary
shall identify any additional funding needed for such
training requirements in the separate chapter on the defense
acquisition workforce required in the next annual strategic
workforce plan under 115b of title 10, United States Code.
(c) Requirement for Ongoing Curriculum Development With
Certain Schools.--
(1) Requirement.--Section 1746 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Curriculum Development.--The President of the Defense
Acquisition University shall work with the relevant
professional schools and degree-granting institutions of the
Department of Defense and military departments to ensure that
best practices are used in curriculum development to support
acquisition workforce positions.''.
(2) Amendment to section heading.--(A) The heading of
section 1746 of such title is amended to read as follows:

``Sec. 1746. Defense Acquisition University''.

(B) The item relating to section 1746 in the table of
sections at the beginning of subchapter IV of chapter 87 of
such title is amended to read as follows:

``1746. Defense Acquisition University.''.

PART III--FINANCIAL MANAGEMENT

SEC. 881. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE
DEPARTMENT OF DEFENSE.

(a) Interim Milestones.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense
(Comptroller), in consultation with the Deputy Chief
Management Officer of the Department of Defense, the
secretaries of the military departments, and the heads of the
defense agencies and defense field activities, shall
establish interim milestones for achieving audit readiness of
the financial statements of the Department of Defense,
consistent with the requirements of section 1003 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(2) Matters included.--The interim milestones established
pursuant to paragraph (1) shall include, at a minimum, for
each military department and for the defense agencies and
defense field activities--
(A) an interim milestone for achieving audit readiness for
each major element of the statement of budgetary resources,
including civilian pay, military pay, supply orders,
contracts, and funds balance with the Treasury; and
(B) an interim milestone for addressing the existence and
completeness of each major category of Department of Defense
assets, including military equipment, real property,
inventory, and operating material and supplies.
(3) Description in semiannual reports.--The Under Secretary
shall describe each interim milestone established pursuant to
paragraph (1) in the next semiannual report submitted
pursuant to section 1003(b) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2439; 10 U.S.C. 2222 note). Each subsequent
semiannual report submitted pursuant to section 1003(b) shall
explain how the Department has progressed toward meeting such
interim milestones.
(b) Valuation of Department of Defense Assets.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall, in consultation with other appropriate
Federal agencies and officials--
(A) examine the costs and benefits of alternative
approaches to the valuation of Department of Defense assets;
(B) select an approach to such valuation that is consistent
with principles of sound financial management and the
conservation of taxpayer resources; and
(C) begin the preparation of a business case analysis
supporting the selected approach.
(2) The Under Secretary shall include information on the
alternatives considered, the selected approach, and the
business case analysis supporting that approach in the next
semiannual report submitted pursuant to section 1003(b) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(c) Remedial Actions Required.--In the event that the
Department of Defense, or any component of the Department of
Defense, is unable to meet an interim milestone established
pursuant to subsection (a), the Under Secretary of Defense
(Comptroller) shall--
(1) develop a remediation plan to ensure that--
(A) the component will meet the interim milestone no more
than one year after the originally scheduled date; and
(B) the component's failure to meet the interim milestone
will not have an adverse impact on the Department's ability
to carry out the plan under section 1003(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2439; 10 U.S.C. 2222 note); and
(2) include in the next semiannual report submitted
pursuant to section 1003(b) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2439; 10 U.S.C. 2222 note)--
(A) a statement of the reasons why the Department of
Defense, or component of the Department of Defense, will be
unable to meet such interim milestone;
(B) the revised completion date for meeting such interim
milestone; and
(C) a description of the actions that have been taken and
are planned to be taken by the Department of Defense, or
component of the Department of Defense, to meet such interim
milestone.
(d) Incentives for Achieving Auditability.--
(1) Review required.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary of
Defense (Comptroller) shall review options for providing
appropriate incentives to the military departments, Defense
Agencies, and defense field activities to ensure that
financial statements are validated as ready for audit earlier
than September 30, 2017.
(2) Options reviewed.--The review performed pursuant to
paragraph (1) shall consider changes in policy that reflect
the increased confidence that can be placed in auditable
financial statements, and shall include, at a minimum,
consideration of the following options:
(A) Consistent with the need to fund urgent warfighter
requirements and operational needs, priority in the release
of appropriated funds.
(B) Relief from the frequency of financial reporting in
cases in which such reporting is not required by law.
(C) Relief from departmental obligation and expenditure
thresholds to the extent that such thresholds establish
requirements more restrictive than those required by law.
(D) Increases in thresholds for reprogramming of funds.
(E) Personnel management incentives for the financial and
business management workforce.
(F) Such other measures as the Under Secretary considers
appropriate.
(3) Report.--The Under Secretary shall include a discussion
of the review performed pursuant to paragraph (1) in the next
semiannual report pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2439; 10 U.S.C. 2222 note) and for each
option considered pursuant to paragraph (2) shall include--
(A) an assessment of the extent to which the implementation
of the option--
(i) would be consistent with the efficient operation of the
Department of Defense and the effective funding of essential
Department of Defense programs and activities; and
(ii) would contribute to the achievement of Department of
Defense goals to prepare auditable financial statements; and
(B) a recommendation on whether such option should be
adopted, a schedule for implementing the option if adoption
is recommended, or a reason for not recommending the option
if adoption is not recommended.

SEC. 882. REVIEW OF OBLIGATION AND EXPENDITURE THRESHOLDS.

(a) Process Review.--Not later than one year after the date
of the enactment of this Act, the Chief Management Officer of
the Department of Defense, in coordination with the Chief
Management Officer of each military department, the Director
of the Office of Performance Assessment and Root Cause
Analysis, the Under Secretary of Defense (Comptroller), and
the Comptrollers of the military departments, shall complete
a comprehensive review of the use and value of obligation and
expenditure benchmarks and propose new benchmarks or
processes for tracking financial performance, including, as
appropriate--
(1) increased reliance on individual obligation and
expenditure plans for measuring program financial
performance;
(2) mechanisms to improve funding stability and to increase
the predictability of the release of funding for obligation
and expenditure; and
(3) streamlined mechanisms for a program manager to submit
an appeal for funding changes and to have such appeal
evaluated promptly.
(b) Training.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Under
Secretary of Defense (Comptroller) shall ensure that, as part
of the training required for program managers and business
managers, an emphasis is placed on obligating and expending
appropriated funds in a manner that achieves the best value
for the Government and that the purpose and limitations of
obligation and expenditure benchmarks are made clear.
(c) Report.--The Deputy Chief Management Officer of the
Department of Defense shall include a report on the results
of the review under this section in the next update of the
strategic management plan transmitted to the Committees on
Armed Services of the Senate and the House of Representatives
under section 904(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 275;
10 U.S.C. note prec. 2201) after the completion of the
review.

SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST OF
DEPARTMENT OF DEFENSE HEALTH CARE CONTRACTS.

(a) Report.--

[[Page H8681]]

(1) Requirement.--Not later than September 30, 2011, the
Comptroller General of the United States shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a detailed
report on the additional cost to the Department of Defense
associated with compliance with the Patient Protection and
Affordable Care Act (Public Law 111-148) and the Health Care
and Education Reconciliation Act of 2010 (Public Law 111-
152).
(2) Matters covered.--The report required by paragraph (1)
shall include an estimate of--
(A) the additional costs, if any, incurred on health care
contracts to comply with such Acts; and
(B) any other additional costs to the Department of Defense
to comply with such Acts.
(b) Health Care Contract Defined.--In this section, the
term ``health care contract'' means a contract awarded by the
Department of Defense in an amount greater than the
simplified acquisition threshold for the acquisition of any
of the following:
(1) Medical supplies.
(2) Health care services and administration, including the
services of medical personnel.
(3) Durable medical equipment.
(4) Pharmaceuticals.
(5) Health care-related information technology.

PART IV--INDUSTRIAL BASE

SEC. 891. EXPANSION OF THE INDUSTRIAL BASE.

(a) Program To Expand Industrial Base Required.--The
Secretary of Defense shall establish a program to expand the
industrial base of the Department of Defense to increase the
Department's access to innovation and the benefits of
competition.
(b) Identifying and Communicating With Firms That Are Not
Traditional Suppliers.--The program established under
subsection (a) shall use tools and resources available within
the Federal Government and available from the private sector
to provide a capability for identifying and communicating
with firms that are not traditional suppliers, including
commercial firms and firms of all business sizes, that are
engaged in markets of importance to the Department of Defense
in which such firms can make a significant contribution.
(c) Outreach to Local Firms Near Defense Installations.--
The program established under subsection (a) shall include
outreach, using procurement technical assistance centers, to
firms of all business sizes in the vicinity of Department of
Defense installations regarding opportunities to obtain
contracts and subcontracts to perform work at such
installations.
(d) Industrial Base Review.--The program established under
subsection (a) shall include a continuous effort to review
the industrial base supporting the Department of Defense,
including the identification of markets of importance to the
Department of Defense in which firms that are not traditional
suppliers can make a significant contribution.
(e) Firms That Are Not Traditional Suppliers.--For purposes
of this section, a firm is not a traditional supplier of the
Department of Defense if it does not currently have contracts
and subcontracts to perform work for the Department of
Defense with a total combined value in excess of $500,000
(f) Procurement Technical Assistance Center.--In this
section, the term ``procurement technical assistance center''
means a center operating under a cooperative agreement with
the Defense Logistics Agency to provide procurement technical
assistance pursuant to the authority provided in chapter 142
of title 10, United States Code.

SEC. 892. PRICE TREND ANALYSIS FOR SUPPLIES AND EQUIPMENT
PURCHASED BY THE DEPARTMENT OF DEFENSE.

(a) Price Trend Analysis Procedures.--
(1) In general.--The Secretary of Defense shall develop and
implement procedures that, to the maximum extent practicable,
provide for the collection and analysis of information on
price trends for covered supplies and equipment purchased by
the Department of Defense. The procedures shall include an
automated process for identifying categories of covered
supplies and equipment described in paragraph (2) that have
experienced significant escalation in prices.
(2) Category of covered supplies and equipment.--A category
of covered supplies and equipment referred to in paragraph
(1) consists of covered supplies and equipment that have the
same National Stock Number, are in a single Federal Supply
Group or Federal Supply Class, are provided by a single
contractor, or are otherwise logically grouped for the
purpose of analyzing information on price trends.
(3) Requirement to examine causes of escalation.--An
analysis conducted pursuant to paragraph (1) shall include,
for any category in which significant escalation in prices is
identified, a more detailed examination of the causes of
escalation for such prices within the category and whether
such price escalation is consistent across the Department of
Defense.
(4) Requirement to address unjustified escalation.--The
head of a Defense Agency or the Secretary of a military
department shall take appropriate action to address any
unjustified escalation in prices being paid for items
procured by that agency or military department as identified
in an analysis conducted pursuant to paragraph (1).
(b) Annual Report.--Not later than April 1 of each year,
the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
analyses of price trends that were conducted for categories
of covered supplies and equipment during the preceding fiscal
year under the procedures implemented pursuant to paragraph
(1). The report shall include a description of the actions
taken to identify and address any unjustified price
escalation for the categories of items.
(c) Definitions.--In this section:
(1) Supplies and equipment.--The term ``supplies and
equipment'' means items classified as supplies and equipment
under the Federal Supply Classification System.
(2) Covered supplies and equipment.--The term ``covered
supplies and equipment'' means all supplies and equipment
purchased by the Department of Defense. The term does not
include major weapon systems but does include individual
parts and components purchased as spare or replenishment
parts for such weapon systems.
(d) Sunset Date.--This section shall not be in effect on
and after April 1, 2015.

SEC. 893. CONTRACTOR BUSINESS SYSTEMS.

(a) Improvement Program.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop and initiate a program for the improvement of
contractor business systems to ensure that such systems
provide timely, reliable information for the management of
Department of Defense programs by the contractor and by the
Department.
(b) Approval or Disapproval of Business Systems.--The
program developed pursuant to subsection (a) shall--
(1) include system requirements for each type of contractor
business system covered by the program;
(2) establish a process for reviewing contractor business
systems and identifying significant deficiencies in such
systems;
(3) identify officials of the Department of Defense who are
responsible for the approval or disapproval of contractor
business systems;
(4) provide for the approval of any contractor business
system that does not have a significant deficiency; and
(5) provide for--
(A) the disapproval of any contractor business system that
has a significant deficiency; and
(B) reduced reliance on, and enhanced scrutiny of, data
provided by a contractor business system that has been
disapproved.
(c) Remedial Actions.--The program developed pursuant to
subsection (a) shall provide the following:
(1) In the event a contractor business system is
disapproved pursuant to subsection (b)(5), appropriate
officials of the Department of Defense will be available to
work with the contractor to develop a corrective action plan
defining specific actions to be taken to address the
significant deficiencies identified in the system and a
schedule for the implementation of such actions.
(2) An appropriate official of the Department of Defense
may withhold up to 10 percent of progress payments,
performance-based payments, and interim payments under
covered contracts from a covered contractor, as needed to
protect the interests of the Department and ensure
compliance, if one or more of the contractor business systems
of the contractor has been disapproved pursuant to subsection
(b)(5) and has not subsequently received approval.
(3) The amount of funds to be withheld under paragraph (2)
shall be reduced if a contractor adopts an effective
corrective action plan pursuant to paragraph (1) and is
effectively implementing such plan.
(d) Guidance and Training.--The program developed pursuant
to subsection (a) shall provide guidance and training to
appropriate government officials on the data that is produced
by contractor business systems and the manner in which such
data should be used to effectively manage Department of
Defense programs.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit an official of the Department of
Defense from reviewing, approving, or disapproving a
contractor business system pursuant to any applicable law or
regulation in force as of the date of the enactment of this
Act during the period between the date of the enactment of
this Act and the date on which the Secretary implements the
requirements of this section with respect to such system.
(f) Definitions.--In this section:
(1) The term ``contractor business system'' means an
accounting system, estimating system, purchasing system,
earned value management system, material management and
accounting system, or property management system of a
contractor.
(2) The term ``covered contractor'' means a contractor that
is subject to the cost accounting standards under section 26
of the Office of Federal Procurement Policy Act (41 U.S.C.
422).
(3) The term ``covered contract'' means a cost-
reimbursement contract, incentive-type contract, time-and-
materials contract, or labor-hour contract that could be
affected if the data produced by a contractor business system
has a significant deficiency.
(4) The term ``significant deficiency'', in the case of a
contractor business system, means a shortcoming in the system
that materially affects the ability of officials of the
Department of Defense and the contractor to

[[Page H8682]]

rely upon information produced by the system that is needed
for management purposes.
(g) Defense Contract Audit Agency Legal Resources and
Expertise.--
(1) Requirement.--The Secretary of Defense shall ensure
that--
(A) the Defense Contract Audit Agency has sufficient legal
resources and expertise to conduct its work in compliance
with applicable Department of Defense policies and
procedures; and
(B) such resources and expertise are provided in a manner
that is consistent with the audit independence of the Defense
Contract Audit Agency.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the steps taken to comply with
the requirements of this subsection.

SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMINATING BARRIERS
TO CONTRACTING WITH THE DEPARTMENT OF DEFENSE.

(a) Review and Recommendations.--The Secretary of Defense,
acting through the Director of Small Business Programs in the
Department of Defense, shall review barriers to firms that
are not traditional suppliers to the Department of Defense
wishing to contract with the Department of Defense and its
defense supply centers and develop a set of recommendations
on the elimination of such barriers. The Director shall
identify and consult with a wide range of firms that are not
traditional suppliers to the Department of Defense for the
purpose of identifying such barriers and developing such
recommendations.
(b) Definition.--For the purposes of this section, a firm
is not a traditional supplier of the Department of Defense if
it does not currently have contracts and subcontracts to
perform work for the Department of Defense with a total
combined value in excess of $500,000.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report summarizing the findings and
recommendations of the review conducted pursuant to this
section.

SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES AND
INFORMATION TECHNOLOGY IN THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.

(a) Revised Definitions.--Section 2500 of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``or maintenance'' and
inserting ``integration, services, or information
technology'';
(2) in paragraph (4), by striking ``or production'' and
inserting ``production, integration, services, or information
technology'';
(3) in paragraph (9)(A), by striking ``and manufacturing''
and inserting ``manufacturing, integration, services, and
information technology''; and
(4) by adding at the end the following new paragraph:
``(15) The term `integration' means the process of
providing systems engineering and technical direction for a
system for the purpose of achieving capabilities that satisfy
program requirements.''.
(b) Revised Objectives.--Section 2501(a) of such title is
amended--
(1) in paragraph (1), by striking ``Supplying and
equipping'' and inserting ``Supplying, equipping, and
supporting'';
(2) in paragraph (2), by striking ``and logistics for'' and
inserting ``logistics, and other activities in support of'';
(3) in paragraph (4), by striking ``and produce'' and
inserting ``, produce, and support''; and
(4) by redesignating paragraph (6) as paragraph (8) and
inserting after paragraph (5) the following new paragraphs:
``(6) Providing for the generation of services capabilities
that are not core functions of the armed forces and that are
critical to military operations within the national
technology and industrial base.
``(7) Providing for the development, production, and
integration of information technology within the national
technology and industrial base.''.
(c) Revised Assessments.--Section 2505(b)(4) of such title
is amended by inserting after ``of this title)'' the
following ``or major automated information system programs
(as defined in section 2445a of this title)''.
(d) Revised Policy Guidance.--Section 2506(a) of such title
is amended by striking ``budget allocation, weapons'' and
inserting ``strategy, management, budget allocation,''.

SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR
MANUFACTURING AND INDUSTRIAL BASE POLICY;
INDUSTRIAL BASE FUND.

(a) Deputy Assistant Secretary of Defense.--Chapter 7 of
title 10, United States Code, is amended by inserting after
section 139d the following new section:

``Sec. 139e. Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy

``(a) Appointment.--There is a Deputy Assistant Secretary
of Defense for Manufacturing and Industrial Base Policy, who
shall be appointed by the Under Secretary of Defense for
Acquisition, Technology, and Logistics and shall report to
the Under Secretary.
``(b) Responsibilities.--The Deputy Assistant Secretary of
Defense for Manufacturing and Industrial Base Policy shall be
the principal advisor to the Under Secretary of Defense for
Acquisition, Technology, and Logistics in the performance of
the Under Secretary's duties relating to the following:
``(1) Providing input on industrial base matters to
strategy reviews, including quadrennial defense reviews
conducted pursuant to section 118 of this title.
``(2) Establishing policies of the Department of Defense
for maintenance of the defense industrial base of the United
States.
``(3) Providing recommendations to the Under Secretary on
budget matters pertaining to the industrial base.
``(4) Providing recommendations to the Under Secretary on
supply chain management and supply chain vulnerability.
``(5) Providing input on industrial base matters to defense
acquisition policy guidance.
``(6) Establishing the national security objectives
concerning the national technology and industrial base
required under section 2501 of this title.
``(7) Executing the national defense program for analysis
of the national technology and industrial base required under
section 2503 of this title.
``(8) Performing the national technology and industrial
base periodic defense capability assessments required under
section 2505 of this title.
``(9) Establishing the technology and industrial base
policy guidance required under section 2506 of this title.
``(10) Executing the authorities of the Manufacturing
Technology Program under section 2521 of this title.
``(11) Carrying out the activities of the Department of
Defense relating to the Defense Production Act Committee
established under section 722 of the Defense Production Act
of 1950 (50 U.S.C. App. 2171).
``(12) Consistent with section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2062(b)), executing
other applicable authorities provided under the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
including authorities under titles I and II of such Act.
``(13) Establishing policies related to international
technology security and export control issues.
``(14) Establishing policies related to industrial
independent research and development programs under section
2372 of this title.
``(15) Such other duties as are assigned by the Under
Secretary.
``(c) Rule of Construction.--Nothing in subsection (b)(9)
may be construed to limit the authority or modify the
policies of the Committee on Foreign Investment in the United
States established under section 721(k) of the Defense
Production Act of 1950 (50 U.S.C. App. 2170(k)).''.
(b) Industrial Base Fund.--
(1) In general.--Chapter 148 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2508. Industrial Base Fund

``(a) Establishment.--The Secretary of Defense shall
establish an Industrial Base Fund (in this section referred
to as the `Fund').
``(b) Control of Fund.--The Fund shall be under the control
of the Under Secretary of Defense for Acquisition,
Technology, and Logistics, acting through the Deputy
Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.
``(c) Amounts in Fund.--The Fund shall consist of amounts
appropriated or otherwise made available to the Fund.
``(d) Use of Fund.--Subject to subsection (e), the Fund
shall be used--
``(1) to support the monitoring and assessment of the
industrial base required by this chapter;
``(2) to address critical issues in the industrial base
relating to urgent operational needs;
``(3) to support efforts to expand the industrial base; and
``(4) to address supply chain vulnerabilities.
``(e) Use of Fund Subject to Appropriations.--The authority
of the Secretary of Defense to use the Fund under this
section in any fiscal year is subject to the availability of
appropriations for that purpose.
``(f) Expenditures.--The Secretary shall establish
procedures for expending monies in the Fund in support of the
uses identified in subsection (d), including the following:
``(1) Direct obligations from the Fund.
``(2) Transfers of monies from the Fund to relevant
appropriations of the Department of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2508. Industrial Base Fund.''.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.

Subtitle B--Space Activities

[[Page H8683]]

Sec. 914. Plan for integration of space-based nuclear detection
sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.

Subtitle C--Intelligence-Related Matters

Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

Subtitle E--Other Matters

Subtitle A--Department of Defense Management

SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF
DEFENSE TO CARRY OUT REDUCTION REQUIRED BY LAW
IN NUMBER OF DEPUTY UNDER SECRETARIES OF
DEFENSE.

(a) Redesignation of Certain Positions in Office of
Secretary of Defense.--
(1) Redesignation.--Positions in the Office of the
Secretary of Defense are hereby redesignated as follows:
(A) The Director of Defense Research and Engineering is
redesignated as the Assistant Secretary of Defense for
Research and Engineering.
(B) The Director of Operational Energy Plans and Programs
is redesignated as the Assistant Secretary of Defense for
Operational Energy Plans and Programs.
(C) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs is redesignated
as the Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs.
(2) References.--Any reference in any law, rule,
regulation, paper, or other record of the United States to an
office of the Department of Defense redesignated by paragraph
(1) shall be deemed to be a reference to such office as so
redesignated.
(b) Amendments to Chapter 4 of Title 10 Relating to
Reorganization.--
(1) Repeal of separate principal deputy under secretary of
defense provisions.--Sections 133a, 134a, and 136a of title
10, United States Code, are repealed.
(2) Components of osd.--Subsection (b) of section 131 of
such title is amended to read as follows:
``(b) The Office of the Secretary of Defense is composed of
the following:
``(1) The Deputy Secretary of Defense.
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel and
Readiness.
``(E) The Under Secretary of Defense for Intelligence.
``(3) The Deputy Chief Management Officer of the Department
of Defense.
``(4) Other officers who are appointed by the President, by
and with the advice and consent of the Senate, and who report
directly to the Secretary and Deputy Secretary without
intervening authority, as follows:
``(A) The Director of Cost Assessment and Program
Evaluation.
``(B) The Director of Operational Test and Evaluation.
``(C) The General Counsel of the Department of Defense.
``(D) The Inspector General of the Department of Defense.
``(5) The Principal Deputy Under Secretaries of Defense.
``(6) The Assistant Secretaries of Defense.
``(7) Other officials provided for by law, as follows:
``(A) The Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation appointed pursuant to
section 139b(a) of this title.
``(B) The Deputy Assistant Secretary of Defense for Systems
Engineering appointed pursuant to section 139b(b) of this
title.
``(C) The Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy appointed pursuant
to section 139c of this title.
``(D) The Director of Small Business Programs appointed
pursuant to section 144 of this title.
``(E) The official designated under section 1501(a) of this
title to have responsibility for Department of Defense
matters relating to missing persons as set forth in section
1501 of this title.
``(F) The Director of Family Policy under section 1781 of
this title.
``(G) The Director of the Office of Corrosion Policy and
Oversight assigned pursuant to section 2228(a) of this title.
``(H) The official designated under section 2438(a) of this
title to have responsibility for conducting and overseeing
performance assessments and root cause analyses for major
defense acquisition programs.
``(8) Such other offices and officials as may be
established by law or the Secretary of Defense may establish
or designate in the Office.''.
(3) Principal deputy under secretaries of defense.--Section
137a of such title is amended--
(A) in subsections (a)(1), (b), and (d), by striking
``Deputy Under'' and inserting ``Principal Deputy Under'';
(B) in subsection (a)(2), by striking ``(A) The'' and all
that follows through ``(5) of subsection (c)'' and inserting
``The Principal Deputy Under Secretaries of Defense'';
(C) in subsection (c)--
(i) in paragraphs (1), (2), (3), (4), and (5), by striking
``One of the Deputy'' and inserting ``One of the Principal
Deputy'';
(ii) in paragraphs (1), (2), and (3), by striking
``appointed'' and all that follows through ``this title'';
(iii) in paragraphs (4) and (5), by striking ``shall be''
and inserting ``is''; and
(iv) in paragraph (5), by inserting before the period at
the end the following: ``, who shall be appointed from among
persons who have extensive expertise in intelligence
matters''; and
(D) in subsection (d), by adding at the end the following
new sentence: ``The Principal Deputy Under Secretaries shall
take precedence among themselves in the order prescribed by
the Secretary of Defense.''.
(4) Assistant secretaries of defense generally.--Section
138 of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``12'' and inserting
``16''; and
(ii) in paragraph (2), by striking ``(A) The'' and all that
follows through ``The other'' and inserting ``The'';
(B) in subsection (b)--
(i) in paragraphs (2), (3), (4), (5), and (6), by striking
``shall be'' and inserting ``is'';
(ii) in paragraph (7), by striking ``appointed pursuant to
section 138a of this title''; and
(iii) by adding at the end the following new paragraphs:
``(8) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Research and Engineering. In
addition to any duties and powers prescribed under paragraph
(1), the Assistant Secretary of Defense for Research and
Engineering shall have the duties specified in section 138b
of this title.
``(9) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Operational Energy Plans and
Programs. In addition to any duties and powers prescribed
under paragraph (1), the Assistant Secretary of Defense for
Operational Energy Plans and Programs shall have the duties
specified in section 138c of this title.
``(10) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs. In addition to any duties and powers
prescribed under paragraph (1), the Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense
Programs shall have the duties specified in section 138d of
this title.''; and
(C) in subsection (d), by striking ``and the Director of
Defense Research and Engineering'' and inserting ``the Deputy
Chief Management Officer of the Department of Defense, the
officials serving in positions specified in section 131(b)(4)
of this title, and the Principal Deputy Under Secretaries of
Defense''.
(5) Assistant secretary for logistics and materiel
readiness.--Section 138a(a) of such title is amended--
(A) by striking ``There is a'' and inserting ``The''; and
(B) by striking ``, appointed from civilian life by the
President, by and with the advice

[[Page H8684]]

and consent of the Senate. The Assistant Secretary''.
(6) Assistant secretary for research and engineering.--
Section 139a of such title is transferred so as to appear
after section 138a, redesignated as section 138b, and
amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(C) in subsection (a), as so redesignated, by striking
``Director of Defense Research and Engineering'' and
inserting ``Assistant Secretary of Defense for Research and
Engineering''; and
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking ``Director of Defense
Research and Engineering,'' and inserting ``Assistant
Secretary of Defense for Research and Engineering,''; and
(ii) in paragraph (2), by striking ``Director'' and
inserting ``Assistant Secretary''.
(7) Assistant secretary for operational energy plans and
programs.--Section 139b of such title is transferred so as to
appear after section 138b (as transferred and redesignated by
paragraph (6)), redesignated as section 138c, and amended--
(A) in subsection (a), by striking ``There is a'' and all
that follows through ``The Director'' and inserting ``The
Assistant Secretary of Defense for Operational Energy Plans
and Programs'';
(B) by striking ``Director'' each place it appears and
inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than'' and all that follows
through ``military departments'' and inserting ``The
Secretary of each military department'';
(ii) by striking ``who will'' and inserting ``who shall'';
and
(iii) by inserting ``so designated'' after ``The
officials''; and
(D) in subsection (d)(4), by striking ``The initial'' and
all that follows through ``updates to the strategy'' and
inserting ``Updates to the strategy required by paragraph
(1)''.
(8) Assistant secretary for nuclear, chemical, and
biological defense programs.--Section 142 of such title is
transferred so as to appear after section 138c (as
redesignated and transferred by paragraph (7)), redesignated
as section 138d, and amended--
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection (a) and
in that subsection, as so redesignated, by striking ``The
Assistant to the Secretary'' and inserting ``The Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs''; and
(C) by striking subsection (c) and inserting the following
new subsection (b):
``(b) The Assistant Secretary may communicate views on
issues within the responsibility of the Assistant Secretary
directly to the Secretary of Defense and the Deputy Secretary
of Defense without obtaining the approval or concurrence of
any other official within the Department of Defense.''.
(c) Deputy Chief Management Officer.--
(1) In general.--Chapter 4 of title 10, United States Code,
is further amended by inserting after section 132 the
following new section:

``Sec. 132a. Deputy Chief Management Officer

``(a) Appointment.--There is a Deputy Chief Management
Officer of the Department of Defense, appointed from civilian
life by the President, by and with the advice and consent of
the Senate.
``(b) Responsibilities.--The Deputy Chief Management
Officer assists the Deputy Secretary of Defense in the Deputy
Secretary's capacity as Chief Management Officer of the
Department of Defense under section 132(c) of this title.
``(c) Precedence.--The Deputy Chief Management Officer
takes precedence in the Department of Defense after the
Secretary of Defense, the Deputy Secretary of Defense, the
Secretaries of the military departments, and the Under
Secretaries of Defense.''.
(2) Conforming amendment.--Section 132(c) of such title is
amended by striking the second sentence.
(d) Senior Official Responsible for Performance Assessments
and Root Cause Analyses of MDAPs.--Section 103 of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23;
123 Stat. 1715; 10 U.S.C. 2430 note) is transferred to
chapter 144 of title 10, United States Code, inserted so as
to appear after section 2437, redesignated as section 2438,
and amended--
(1) in subsection (b)(2), by striking ``section 2433a(a)(1)
of title 10, United States Code (as added by section 206(a)
of this Act)'' and inserting ``section 2433a(a)(1) of this
title'';
(2) in subsection (b)(5)--
(A) by striking ``section 2433a of title 10, United States
Code (as so added)'' and inserting ``section 2433a of this
title''; and
(B) by striking ``prior to'' both places it appears and
inserting ``before'';
(3) in subsection (d), by striking ``section 2433a of title
10, United States Code (as so added)'' and inserting
``section 2433a of this title''; and
(4) in subsection (f), by striking ``beginning in 2010,''.
(e) Redesignation of DDTE as Deputy Assistant Secretary for
Developmental Test and Evaluation and DSE as Deputy Assistant
Secretary of Defense for Systems Engineering.--Section 139d
of title 10, United States Code, is amended--
(1) by striking ``Director of Developmental Test and
Evaluation'' each place it appears and inserting ``Deputy
Assistant Secretary of Defense for Developmental Test and
Evaluation'';
(2) by striking ``Director of Systems Engineering'' each
place it appears and inserting ``Deputy Assistant Secretary
of Defense for Systems Engineering'';
(3) in subsection (a)--
(A) by striking the subsection heading and inserting
``Deputy Assistant Secretary of Defense for Developmental
Test and Evaluation.--'';
(B) by striking ``Director'' each place it appears in
paragraphs (2), (3), and (6) and inserting ``Deputy Assistant
Secretary'';
(C) in paragraph (4), by striking the paragraph heading and
inserting ``Coordination with deputy assistant secretary of
defense for systems engineering.--'';
(D) in paragraph (5), by striking ``Director'' in the
matter preceding subparagraph (A) and inserting ``Deputy
Assistant Secretary''; and
(E) in paragraph (6), by striking ``Director's'' and
inserting ``Deputy Assistant Secretary's''; and
(4) in subsection (b)--
(A) by striking the subsection heading and inserting
``Deputy Assistant Secretary of Defense for Systems
Engineering.--'';
(B) by striking ``Director'' each place it appears in
paragraphs (2), (3), (5), and (6) and inserting ``Deputy
Assistant Secretary'';
(C) in paragraph (4), by striking the paragraph heading and
inserting ``Coordination with deputy assistant secretary of
defense for developmental test and evaluation.--''; and
(D) in paragraph (6), by striking ``Director's'' and
inserting ``Deputy Assistant Secretary's''.
(f) Reorganization of Certain Provisions Within Chapter 4
To Account for Other Transfers of Provisions.--Chapter 4 of
title 10, United States Code, is further amended by
redesignating sections 139c, 139d (as amended by subsection
(e)), and 139e (as added by section 896 of this Act) as
sections 139a, 139b, and 139c, respectively.
(g) Repeal of Statutory Requirement for Office for Missing
Personnel in OSD.--Section 1501(a) of title 10, United States
Code, is amended--
(1) by striking the subsection heading and inserting the
following: ``Responsibility for Missing Personnel.--'';
(2) in paragraph (1)--
(A) by striking ``establish within the Office of the
Secretary of Defense an office to have responsibility for
Department of Defense policy'' in the first sentence and
inserting ``designate within the Office of the Secretary of
Defense an official as the Deputy Assistant Secretary of
Defense for Prisoner of War/Missing Personnel Affairs to have
responsibility for Department of Defense matters'';
(B) by striking the second sentence;
(C) by striking ``of the office'' and inserting ``of the
official designated under this paragraph'';
(D) by striking ``and'' at the end of subparagraph (A);
(E) by redesignating subparagraph (B) as subparagraph (C);
and
(F) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) policy, control, and oversight of the program
established under section 1509 of this title, as well as the
accounting for missing persons (including locating,
recovering, and identifying missing persons or their remains
after hostilities have ceased); and'';
(3) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively;
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The official designated under paragraph (1) shall
also serve as the Director, Defense Prisoner of War/Missing
Personnel Office, as established under paragraph (6)(A),
exercising authority, direction, and control over that
activity.''.
(5) in paragraph (3), as so redesignated--
(A) by striking ``of the office'' the first place it
appears; and
(B) by striking ``head of the office'' and inserting
``official designated under paragraph (1) and (2)'';
(6) in paragraph (4), as so redesignated--
(A) by striking ``office'' and inserting ``designated
official''; and
(B) by inserting after ``evasion)'' the following: ``and
for personnel accounting (including locating, recovering, and
identifying missing persons or their remains after
hostilities have ceased)'';
(7) in paragraph (5), as so redesignated, by striking
``office'' and inserting ``designated official''; and
(8) in paragraph (6), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting after ``(A)'' the following: ``The
Secretary of Defense shall establish an activity to account
for personnel who are missing or whose remains have not been
recovered from the conflict in which they were lost. This
activity shall be known as the Defense Prisoner of War/
Missing Personnel Office.''; and
(ii) by striking ``office'' both places it appears and
inserting ``activity'';
(B) in subparagraph (B)(i), by striking ``to the office''
and inserting ``activity'';
(C) in subparagraph (B)(ii)--
(i) by striking ``to the office'' and inserting
``activity''; and
(ii) by striking ``of the office'' and inserting ``of the
activity''; and
(D) in subparagraph (C), by striking ``office'' and
inserting ``activity''.

[[Page H8685]]

(h) Clarification of Head of Office for Family Policy.--
Section 1781 of title 10, United States Code, is amended--
(1) in subsection (a), by striking the second sentence and
inserting the following new sentence: ``The office shall be
headed by the Director of Family Policy, who shall serve
within the office of the Under Secretary of Defense for
Personnel and Readiness.''; and
(2) by striking ``the Office'' each place it appears and
inserting ``the Director''.
(i) Modification of Statutory Limitation on Number of
Deputy Under Secretaries of Defense.--
(1) Delay in limitation on number of dusds.--Section
906(a)(2) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2426; 10
U.S.C. 137a note) is amended by striking ``January 1, 2011''
and inserting ``January 1, 2015''.
(2) Temporary authority for additional dusds.--During the
period beginning on the date of the enactment of this Act and
ending on January 1, 2015, the Secretary of Defense may, in
the Secretary's discretion, appoint not more than five Deputy
Under Secretaries of Defense in addition to the five
Principal Deputy Under Secretaries of Defense authorized by
section 137a of title 10, United States Code (as amended by
subsection (b)(3)).
(3) Report on plan for reorganization of osd.--
(A) Report required.--Not later than September 15, 2013,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report setting forth a plan for the realignment of the
organizational structure of the Office of the Secretary of
Defense to comply with the requirement of section 906(a)(2)
of the National Defense Authorization Act for Fiscal Year
2010, as amended by paragraph (1).
(B) Elements.--In preparing the report required by
subparagraph (A), the Secretary shall consider, at a minimum,
the feasibility of taking the following actions on or before
January 1, 2015:
(i) A merger of the position of Deputy Under Secretary of
Defense (Installations and Environment) and the position of
Assistant Secretary of Defense for Operational Energy Plans
and Programs (as established in accordance with the
amendments made by subsection (b)(7)) into a single Assistant
Secretary position.
(ii) A realignment of positions within the Office of the
Under Secretary of Defense for Policy to eliminate the
position of Deputy Under Secretary of Defense (Strategy,
Plans, and Forces).
(j) Other Conforming Amendments to Title 10.--
(1) Section 179(c) of title 10, United States Code, is
amended--
(A) in paragraphs (2) and (3), by striking ``Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs'' and inserting ``Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs''; and
(B) in paragraph (3), by striking ``that Assistant to the
Secretary'' and inserting ``Assistant Secretary''.
(2) Section 2272 of such title is amended by striking
``Director of Defense Research and Engineering'' each place
it appears and inserting ``Assistant Secretary of Defense for
Research and Engineering''.
(3) Section 2365 of such title is amended--
(A) in subsection (a), by striking ``Director of Defense
Research and Engineering'' and inserting ``Assistant
Secretary'';
(B) in subsection (d)(1), by striking ``Director'' and
inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Director of Defense Research and
Engineering'' and inserting ``Assistant Secretary of Defense
for Research and Engineering''; and
(ii) by striking ``Director may'' and inserting ``Assistant
Secretary may''; and
(D) in subsection (e), by striking ``Director'' and
inserting ``Assistant Secretary''.
(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and
2517(a) of such title are amended by striking ``Director of
Defense Research and Engineering'' and inserting ``Assistant
Secretary of Defense for Research and Engineering''.
(5) Section 2902(b) of such title is amended--
(A) in paragraph (1), by striking ``Deputy Under Secretary
of Defense for Science and Technology'' and inserting
``official within the Office of the Assistant Secretary of
Defense for Research and Engineering who is responsible for
science and technology''; and
(B) in paragraph (3), by striking ``Deputy Under Secretary
of Defense'' and inserting ``official within the Office of
the Under Secretary of Defense for Acquisition, Technology,
and Logistics who is''.
(k) Section Heading and Clerical Amendments.--
(1) Section heading amendments.--
(A) The heading of section 137a of title 10, United States
Code, is amended to read as follows:

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

(B) The heading of section 138b of such title, as
transferred and redesignated by subsection (b)(6), is amended
to read as follows:

``Sec. 138b. Assistant Secretary of Defense for Research and
Engineering''.

(C) The heading of section 138c of such title, as
transferred and redesignated by subsection (b)(7), is amended
to read as follows:

``Sec. 138c. Assistant Secretary of Defense for Operational
Energy Plans and Programs''.

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

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

(E) The section heading of section 139b of such title, as
redesignated by subsection (f), is amended to read as
follows:

``Sec. 139b. Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation; Deputy Assistant
Secretary of Defense for Systems Engineering: joint
guidance''.

(F) The heading of section 2438 of such title, as
transferred and redesignated by subsection (d), is amended to
read as follows:

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

(2) Clerical amendments.--
(A) The table of sections at the beginning of chapter 4 of
such title is amended--
(i) by inserting after the item relating to section 132 the
following new item:

``132a. Deputy Chief Management Officer.'';
(ii) by striking the items relating to sections 133a, 134a,
and 136a;
(iii) by striking the item relating to section 137a and
inserting the following new item:

``137a. Principal Deputy Under Secretaries of Defense.'';
(iv) by inserting after the item relating to section 138a
the following new items:

``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and
Programs.
``138d. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.'';
(v) by striking the items relating to sections 139a, 139b,
139c, and 139d and inserting the following new items:

``139a. Director of Cost Assessment and Program Evaluation.
``139b. Deputy Assistant Secretary of Defense for Developmental Test
and Evaluation; Deputy Assistant Secretary of Defense for
Systems Engineering: joint guidance.
``139c. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.''; and
(vi) by striking the item relating to section 142.
(B) The table of sections at the beginning of chapter 144
of such title is amended by inserting after the item relating
to section 2437 the following new item:

``2438. Performance assessments and root cause analyses.''.
(l) Other Conforming Amendments.--
(1) Public law 111-23.--Section 102(b) of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23;
123 Stat. 1714; 10 U.S.C. 2430 note) is amended--
(A) by striking ``Director of Developmental Test and
Evaluation and the Director of Systems Engineering'' each
place it appears and inserting ``Deputy Assistant Secretary
of Defense for Developmental Test and Evaluation and the
Deputy Assistant Secretary of Defense for Systems
Engineering''; and
(B) in paragraph (3)--
(i) by striking the paragraph heading and inserting
``Assessment of reports by deputy assistant secretary of
defense for developmental test and evaluation and deputy
assistant secretary of defense for systems engineering.--'';
and
(ii) by striking ``Directors'' and inserting ``Deputy
Assistant Secretaries of Defense''.
(2) Public law 110-181.--Section 214 of the National
Defense Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521
note) is amended by striking ``Director of Defense Research
and Engineering'' and inserting ``Assistant Secretary of
Defense for Research and Engineering''.
(m) Technical Amendments.--
(1) Section 131(a) of title 10, United States Code, is
amended by striking ``his'' and inserting ``the
Secretary's''.
(2) Section 132 of such title is amended by redesignating
subsection (d), as added by section 2831(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division
B of Public Law 111-84; 123 Stat. 2669), as subsection (e).
(3) Section 135(c) of such title is amended by striking
``clauses'' and inserting ``paragraphs''.
(n) Executive Schedule Amendments.--
(1) Number of assistant secretary of defense positions.--
Section 5315 of title 5, United States Code, is amended by
striking the item relating to Assistant Secretaries of
Defense and inserting the following new item:
``Assistant Secretaries of Defense (16).''.
(2) Positions redesignated as asd positions.--
(A) Section 5315 of such title is further amended by
striking the item relating to Director of Defense Research
and Engineering.
(B) Section 5316 of such title is amended by striking the
item relating to Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs.
(3) Amendments to strike references to positions in senior
executive service.--Section 5316 of such title is further
amended--
(A) by striking the item relating to Director, Defense
Advanced Research Projects Agency, Department of Defense;

[[Page H8686]]

(B) by striking the item relating to Deputy General
Counsel, Department of Defense;
(C) by striking the item relating to Deputy Under
Secretaries of Defense for Research and Engineering,
Department of Defense; and
(D) by striking the item relating to Special Assistant to
the Secretary of Defense.
(o) Inapplicability of Appointment Requirement to Certain
Individuals Serving on Effective Date.--
(1) In general.--Notwithstanding this section and the
amendments made by this section, the individual serving as
specified in paragraph (2) on December 31, 2010, may continue
to serve in the applicable position specified in that
paragraph after that date without the requirement for
appointment by the President, by and with the advice and
consent of the Senate.
(2) Covered individuals and positions.--The individuals and
positions specified in this paragraph are the following:
(A) In the case of the individual serving as Director of
Defense Research and Engineering, the position of Assistant
Secretary of Defense for Research and Engineering.
(B) In the case of the individual serving as Director of
Operational Energy Plans and Programs, the position of
Assistant Secretary of Defense for Operational Energy Plans
and Programs.
(C) In the case of the individual serving as Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs, the position of Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs.
(p) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on January 1, 2011.
(2) Certain matters.--Subsection (i) and the amendments
made by that subsection, and subsection (o), shall take
effect on the date of the enactment of this Act.

Subtitle B--Space Activities

SEC. 911. INTEGRATED SPACE ARCHITECTURES.

The Secretary of Defense and the Director of National
Intelligence shall develop an integrated process for national
security space architecture planning, development,
coordination, and analysis that--
(1) encompasses defense and intelligence space plans,
programs, budgets, and organizations;
(2) provides mid-term to long-term recommendations to guide
space-related defense and intelligence acquisitions,
requirements, and investment decisions;
(3) is independent of, but coordinated with, the space
architecture planning, development, coordination, and
analysis activities of each military department and each
element of the intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))); and
(4) makes use of, to the maximum extent practicable, joint
duty assignment (as defined in section 668 of title 10,
United States Code) positions.

SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF TERMINATING
CONTRACTS UNDER THE NATIONAL POLAR-ORBITING
OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM
PROGRAM.

None of the funds authorized to be appropriated or
otherwise made available by this Act to the Secretary of
Defense for the National Polar-Orbiting Operational
Environmental Satellite System Program may be obligated or
expended for the costs of terminating a contract awarded
under the Program unless the Secretary of Defense and the
Secretary of Commerce enter into an agreement under which the
Secretary of Defense and the Secretary of Commerce will each
be responsible for half the costs of terminating the
contract.

SEC. 913. LIMITATION ON USE OF FUNDS FOR PURCHASING GLOBAL
POSITIONING SYSTEM USER EQUIPMENT.

(a) In General.--Except as provided in subsections (b) and
(c), none of the funds authorized to be appropriated or
otherwise made available by this Act or any other Act for the
Department of Defense may be obligated or expended to
purchase user equipment for the Global Positioning System
during fiscal years after fiscal year 2017 unless the
equipment is capable of receiving the military code (commonly
known as the ``M code'') from the Global Positioning System.
(b) Exception.--The limitation under subsection (a) shall
not apply with respect to the purchase of passenger vehicles
or commercial vehicles in which Global Positioning System
equipment is installed.
(c) Waiver.--The Secretary of Defense may waive the
limitation under subsection (a) if the Secretary determines
that--
(1) suitable user equipment capable of receiving the
military code from the Global Positioning System is not
available; or
(2) with respect to a purchase of user equipment, the
Department of Defense does not require that user equipment to
be capable of receiving the military code from the Global
Positioning System.

SEC. 914. PLAN FOR INTEGRATION OF SPACE-BASED NUCLEAR
DETECTION SENSORS.

(a) In General.--The Secretary of Defense shall, in
consultation with the Director of National Intelligence and
the Administrator for Nuclear Security, submit to the
congressional defense committees a plan to integrate space-
based nuclear detection sensors in a geosynchronous orbit on
the Space-Based Infrared System or other satellite platforms.
(b) Limitation on Use of Funds for the Space-Based Infrared
System.--
(1) In general.--Not more than 90 percent of the amounts
specified in paragraph (2) may be obligated or expended
before the date on which the Secretary of Defense submits to
the congressional defense committees the plan required by
subsection (a).
(2) Amounts specified.--The amounts specified in this
paragraph are the following:
(A) The amount authorized to be appropriated by section 103
for procurement for the Air Force for missiles for the Space-
Based Infrared System.
(B) The amount authorized to be appropriated by section 201
for research, development, test, and evaluation for the Air
Force for the Space-Based Infrared System.

SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL
BASE.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Administrator of the National
Aeronautics and Space Administration, submit to the
appropriate committees of Congress a report on the impact of
the cancellation of the Constellation program of the National
Aeronautics and Space Administration on any anticipated next
generation mission requirements for missile defense
interceptors, tactical and strategic missiles, targets, and
satellite and human spaceflight launch vehicles.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description and assessment of the effects on
Department of Defense programs that utilize solid rocket
motors of the cancellation of the Ares I, the Ares V, or
their solid rocket alternatives or derivatives, and all
supporting elements.
(2) A description of the plans of the Department of Defense
to mitigate the impact of the cancellation of the Ares I, the
Ares V, or their solid rocket alternatives or derivatives,
and all supporting elements, on the United States solid
rocket motor industrial base, including a description of the
National Aeronautics and Space Administration and Department
of Defense funding required to implement such plans between
fiscal years 2012 and 2017.
(3) A description of the impact of the cancellation of the
Ares I, Ares V, or their solid rocket alternatives or
derivatives, and all supporting elements, on international
partners in programs such as the D-5 Trident missile.
(4) A detailed description of the source of the data used
in the report.
(c) Appropriate Committees of Congress Defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Commerce, Science,
and Transportation, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Science and
Technology, and Appropriations of the House of
Representatives.

SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR
INDUSTRIAL BASE.

(a) In General.--The Secretary of Defense shall develop an
implementation plan to sustain the solid rocket motor
industrial base that--
(1) is based on the recommendations included in the report
submitted to the congressional defense committees under
section 1078 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2479); and
(2) includes a funding plan for carrying out the
implementation plan.
(b) Submittal to Congress.--The implementation plan
required by subsection (a) shall be submitted to Congress
with the budget of the President for fiscal year 2012 as
submitted under section 1105(a) of title 31, United States
Code.

SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET
PROPULSION SYSTEMS INDUSTRIAL BASE.

(a) In General.--The Secretary of Defense shall, in
consultation with the Administrator of the National
Aeronautics and Space Administration, review, and develop a
plan to sustain, the liquid rocket propulsion systems
industrial base.
(b) Elements.--The review and plan required by subsection
(a) shall address the following:
(1) The capacity to maintain currently available liquid
rocket propulsion systems.
(2) The maintenance of an intellectual and engineering
capacity to support next generation liquid rocket propulsion
systems and engines, as needed.
(3) Opportunities for interagency collaboration and
research and development on future propulsion systems.
(c) Submittal to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the plan
required by subsection (a).

Subtitle C--Intelligence-Related Matters

SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES.

The second sentence of section 431(a) of title 10, United
States Code, is amended by striking ``December 31, 2010'' and
inserting ``December 31, 2015''.

SEC. 922. MODIFICATION OF ATTENDEES AT PROCEEDINGS OF
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
INTEGRATION COUNCIL.

(a) Findings.--Section 923(a)(4) of the National Defense
Authorization Act for Fiscal

[[Page H8687]]

Year 2004 (Public Law 108-163; 117 Stat. 1574; 10 U.S.C. 426
note) is amended by striking ``National Foreign Intelligence
Program (NFIP), Joint Military Intelligence Program (JMIP),
and Tactical Intelligence and Related Activities Program
(TIARA)'' and inserting ``National Intelligence Program (NIP)
and a Military Intelligence Program (MIP)''.
(b) Additional Authorized Attendees.--Section 426(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) Each Secretary of a military department may designate
an officer or employee of such military department to attend
the proceedings of the Council as a representative of such
military department.''.

SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE
MANAGEMENT AND COORDINATION OF REMOTELY PILOTED
AIRCRAFT SUPPORT OF INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE.

(a) Report Required.--
(1) Report to secretary of defense by chiefs of staff.--Not
later than 120 days after the date of the enactment of this
Act, the Chief of Staff of the Army, the Chief of Naval
Operations, and the Chief of Staff of the Air Force shall
jointly submit to the Secretary of Defense a report, in
accordance with this section, on remotely piloted aircraft
(RPA) support of intelligence, surveillance, and
reconnaissance (ISR) within their respective Armed Forces.
(2) Transmittal to congress.--Not later than 30 days after
the receipt of the report required by paragraph (1), the
Secretary shall transmit the report, together with the
assessment and any recommendations of the Secretary
(including the matters required pursuant to subsection
(b)(2)), to the congressional defense committees.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) In the case of the report required by subsection
(a)(1), a description by each chief of staff referred to in
that subsection of--
(A) current and planned remotely piloted aircraft
inventories to support intelligence, surveillance, and
reconnaissance requirements over the period 2011 to 2020,
including an identification of systems each Armed Force
considers organic and the systems capable of providing
theater-level support to the commanders of the combatant
commands;
(B) policy and processes of each Armed Force for
coordinating investments in remotely piloted aircraft to meet
joint force requirements for intelligence, surveillance, and
reconnaissance and to eliminate unnecessary duplication in
both development and capability; and
(C) the current employment of remotely piloted aircraft by
each Armed Force, including the number of remotely piloted
aircraft deployed in support operations, the number of
remotely piloted aircraft assigned for training, and the
number of remotely piloted aircraft warehoused, the capacity
of each Armed Force to process, exploit, and disseminate
intelligence, surveillance, and reconnaissance data
collected, and the extent to which assets are provided to the
joint community to meet requirements of the combatant
commands.
(2) In the case of the transmittal required by subsection
(a)(2)--
(A) an assessment of the effectiveness of the employment of
remotely piloted aircraft by each Armed Force, and a
description of the percentage of joint force requirements for
intelligence, surveillance, and reconnaissance that are being
met by the remotely piloted aircraft of each Armed Force;
(B) a description of the joint concept of operations under
which each Armed Force provides intelligence, surveillance,
and reconnaissance capabilities through remotely piloted
aircraft to meet the requirements of the combatant commands;
(C) a description of the processes by which current
requirements of the commanders of the combatant commands for
intelligence, surveillance, and reconnaissance are validated,
and how the remotely piloted aircraft capabilities of each
Armed Force are assigned against validated requirements;
(D) a description of the current intelligence,
surveillance, and reconnaissance requirements of each
combatant command through remotely piloted aircraft;
(E) a description of how the requirements described under
subparagraph (D) are being met;
(F) an identification of any mission degradation or failure
within the combatant commands due to lack of intelligence,
surveillance, and reconnaissance support;
(G) a description of various means of addressing any
shortfalls in meeting the requirements described under
subparagraph (D), including temporary shortfalls and
permanent shortfalls;
(H) a description of the organization of the Unmanned
Aerial System Task Force, including the goals and objectives
of the task force and the participation and roles of each
Armed Force within the task force;
(I) a description of the organization of the Intelligence,
Surveillance, and Reconnaissance Task Force, including the
goals and objectives of the task force and the participation
and roles of each Armed Force within the task force; and
(J) an identification of any theater-level intelligence,
surveillance, and reconnaissance capacity of an Armed Force
that is not being made available by services to fulfill joint
force requirements for intelligence, surveillance, and
reconnaissance.
(c) Remotely Piloted Aircraft Defined.--In this section,
the term `` remotely piloted aircraft'' means any unmanned
aircraft operated remotely, whether within or beyond line-of-
sight, including unmanned aerial systems (UAS), unmanned
aerial vehicles (UAV), remotely piloted vehicles (RPV), and
remotely piloted aircraft (RPA).

SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND PERSONNEL
MANAGEMENT RELATING TO AIR FORCE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE PROVIDED BY
REMOTELY PILOTED AIRCRAFT.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall, in coordination with the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Under Secretary of Defense for Intelligence, submit to the
appropriate committees of Congress a report on requirements
fulfillment and personnel management in connection with Air
Force intelligence, surveillance, and reconnaissance (ISR)
provided by remotely piloted aircraft (RPA).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the Joint Concept of Operation under
which the Air Force operates to fulfill intelligence,
surveillance, and reconnaissance requirements provided by
remotely piloted aircraft.
(2) A description of the current requirements of each
combatant command for Air Force intelligence, surveillance,
and reconnaissance provided by remotely piloted aircraft,
including--
(A) the number of orbits or combat air patrols for each
major platform and sensor payload combination;
(B) the number of aircraft, aircraft operators, and ground
crews in each orbit or combat air patrol, variations in the
numbers of each, and the explanation for such variations;
(C) a description of how requirements are being met by the
management of personnel, platforms, sensors, and networks;
and
(D) a description of various means of addressing any
shortfalls in meeting such requirements, including temporary
shortfalls and permanent shortfalls.
(3) A description of manpower management to fulfill Air
Force mission requirements for intelligence, surveillance,
and reconnaissance requirements provided by remotely piloted
aircraft, including the current number of personnel
associated with each combat air patrol by remotely piloted
aircraft for aircraft pilots, sensor operators, mission
intelligence coordinators, and processing, exploitation, and
dissemination analysts (in this section referred to as
``operators and analysts for remotely piloted aircraft'').
(4) A description of current Air Force manpower
requirements for operators and analysts for remotely piloted
aircraft, and any plans for meeting such requirements,
including--
(A) an identification of any shortfalls in personnel, skill
specialties, and grades; and
(B) any plans of the Air Force to address such shortfalls,
including--
(i) plans to address shortfalls in applicable career field
retention rates; and
(ii) plans for utilization of National Guard and other
reserve component personnel to address shortfalls in such
personnel, skill specialties, and grades.
(5) A description of the projected Air Force manpower
requirements for operators and analysts for remotely piloted
aircraft in each of 2015 and 2020, including--
(A) an identification of any significant challenges to
achieving such requirements in particular skill specialties
and grades; and
(B) any plans of the Air Force to address such challenges.
(6) A description of the collaboration of the Air Force
with, and the reliance of the Air Force on, the other Armed
Forces and the combat support agencies, in asset management
for intelligence, surveillance, and reconnaissance by
remotely piloted aircraft, including personnel for
processing, exploitation, and dissemination.
(7) A description of potential adverse consequences of
operating intelligence, surveillance, and reconnaissance by
remotely piloted aircraft, and associated intelligence
support infrastructure, in a surge, understaffed state, or
both, including--
(A) the impact of having to provide forward processing,
exploitation, and dissemination to support emerging
capabilities; and
(B) any plans of the Air Force to mitigate such
consequences.
(8) A description of the status of Air Force training
programs for operators and analysts for remotely piloted
aircraft, including the ability to meet Air Force manpower
requirements for such operators and analysts, and plans for
increasing training capacity to match plans for expanding Air
Force intelligence, surveillance, and reconnaissance
capabilities.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.

[[Page H8688]]

Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

SEC. 931. CONTINUOUS MONITORING OF DEPARTMENT OF DEFENSE
INFORMATION SYSTEMS FOR CYBERSECURITY.

(a) In General.--The Secretary of Defense shall direct the
Chief Information Officer of the Department of Defense to
work, in coordination with the Chief Information Officers of
the military departments and the Defense Agencies and with
senior cybersecurity and information assurance officials
within the Department of Defense and otherwise within the
Federal Government, to achieve, to the extent practicable,
the following:
(1) The continuous prioritization of the policies,
principles, standards, and guidelines developed under section
20 of the National Institute of Standards and Technology Act
(15 U.S.C. 278g-3) with agencies and offices operating or
exercising control of national security systems (including
the National Security Agency) based upon the evolving threat
of information security incidents with respect to national
security systems, the vulnerability of such systems to such
incidents, and the consequences of information security
incidents involving such systems.
(2) The automation of continuous monitoring of the
effectiveness of the information security policies,
procedures, and practices within the information
infrastructure of the Department of Defense, and the
compliance of that infrastructure with such policies,
procedures, and practices, including automation of--
(A) management, operational, and technical controls of
every information system identified in the inventory required
under section 3505(c) of title 44, United States Code; and
(B) management, operational, and technical controls relied
on for evaluations under section 3545 of title 44, United
States Code.
(b) Definitions.--In this section:
(1) The term ``information security incident'' means an
occurrence that--
(A) actually or potentially jeopardizes the
confidentiality, integrity, or availability of an information
system or the information such system processes, stores, or
transmits; or
(B) constitutes a violation or imminent threat of violation
of security policies, security procedures, or acceptable use
policies with respect to an information system.
(2) The term ``information infrastructure'' means the
underlying framework, equipment, and software that an
information system and related assets rely on to process,
transmit, receive, or store information electronically.
(3) The term ``national security system'' has the meaning
given that term in section 3542(b)(2) of title 44, United
States Code.

SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSURANCE.

(a) Strategy Required.--The Secretary of Defense shall
develop and implement, by not later than October 1, 2011, a
strategy for assuring the security of software and software-
based applications for all covered systems.
(b) Covered Systems.--For purposes of this section, a
covered system is any critical information system or weapon
system of the Department of Defense, including the following:
(1) A major system, as that term is defined in section
2302(5) of title 10, United States Code.
(2) A national security system, as that term is defined in
section 3542(b)(2) of title 44, United States Code.
(3) Any Department of Defense information system
categorized as Mission Assurance Category I.
(4) Any Department of Defense information system
categorized as Mission Assurance Category II in accordance
with Department of Defense Directive 8500.01E.
(c) Elements.--The strategy required by subsection (a)
shall include the following:
(1) Policy and regulations on the following:
(A) Software assurance generally.
(B) Contract requirements for software assurance for
covered systems in development and production.
(C) Inclusion of software assurance in milestone reviews
and milestone approvals.
(D) Rigorous test and evaluation of software assurance in
development, acceptance, and operational tests.
(E) Certification and accreditation requirements for
software assurance for new systems and for updates for legacy
systems, including mechanisms to monitor and enforce
reciprocity of certification and accreditation processes
among the military departments and Defense Agencies.
(F) Remediation in legacy systems of critical software
assurance deficiencies that are defined as critical in
accordance with the Application Security Technical
Implementation Guide of the Defense Information Systems
Agency.
(2) Allocation of adequate facilities and other resources
for test and evaluation and certification and accreditation
of software to meet applicable requirements for research and
development, systems acquisition, and operations.
(3) Mechanisms for protection against compromise of
information systems through the supply chain or cyber attack
by acquiring and improving automated tools for--
(A) assuring the security of software and software
applications during software development;
(B) detecting vulnerabilities during testing of software;
and
(C) detecting intrusions during real-time monitoring of
software applications.
(4) Mechanisms providing the Department of Defense with the
capabilities--
(A) to monitor systems and applications in order to detect
and defeat attempts to penetrate or disable such systems and
applications; and
(B) to ensure that such monitoring capabilities are
integrated into the Department of Defense system of cyber
defense-in-depth capabilities.
(5) An update to Committee for National Security Systems
Instruction No. 4009, entitled ``National Information
Assurance Glossary'', to include a standard definition for
software security assurance.
(6) Either--
(A) mechanisms to ensure that vulnerable Mission Assurance
Category III information systems, if penetrated, cannot be
used as a foundation for penetration of protected covered
systems, and means for assessing the effectiveness of such
mechanisms; or
(B) plans to address critical vulnerabilities in Mission
Assurance Category III information systems to prevent their
use for intrusions of Mission Assurance Category I systems
and Mission Assurance Category II systems.
(7) A funding mechanism for remediation of critical
software assurance vulnerabilities in legacy systems.
(d) Report.--Not later than October 1, 2011, the Secretary
of Defense shall submit to the congressional defense
committees a report on the strategy required by subsection
(a). The report shall include the following:
(1) A description of the current status of the strategy
required by subsection (a) and of the implementation of the
strategy, including a description of the role of the strategy
in the risk management by the Department regarding the supply
chain and in operational planning for cyber security.
(2) A description of the risks, if any, that the Department
will accept in the strategy due to limitations on funds or
other applicable constraints.

SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF
DEPARTMENT OF DEFENSE CYBER WARFARE
CAPABILITIES.

(a) Strategy Required.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall develop a strategy to provide for the
rapid acquisition of tools, applications, and other
capabilities for cyber warfare for the United States Cyber
Command and the cyber operations components of the military
departments.
(b) Basic Elements.--The strategy required by subsection
(a) shall include the following:
(1) An orderly process for determining and approving
operational requirements.
(2) A well-defined, repeatable, transparent, and
disciplined process for developing capabilities to meet such
requirements, in accordance with the information technology
acquisition process developed pursuant to section 804 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2225 note).
(3) The allocation of facilities and other resources to
thoroughly test such capabilities in development, before
deployment, and before use in order to validate performance
and take into account collateral damage and other so-called
second-order effects.
(c) Additional Elements.--The strategy required by
subsection (a) shall also provide for the following:
(1) Safeguards to prevent--
(A) the circumvention of operational requirements and
acquisition processes through informal relationships among
the United States Cyber Command, the Armed Forces, the
National Security Agency, and the Defense Information Systems
Agency; and
(B) the abuse of quick-reaction processes otherwise
available for the rapid fielding of capabilities.
(2) The establishment of reporting and oversight processes
for requirements generation and approval for cyber warfare
capabilities, the assignment of responsibility for providing
capabilities to meet such requirements, and the execution of
development and deployment of such capabilities, under the
authority of the Chairman of the Joint Requirements Oversight
Council, the Under Secretary of Defense for Policy, and other
officials in the Office of the Secretary of Defense, as
designated in the strategy.
(3) The establishment and maintenance of test and
evaluation facilities and resources for cyber infrastructure
to support research and development, operational test and
evaluation, operational planning and effects testing, and
training by replicating or emulating networks and
infrastructure maintained and operated by the military and
political organizations of potential United States
adversaries, by domestic and foreign telecommunications
service providers, and by the Department of Defense.
(4) An organization or organizations within the Department
of Defense to be responsible for the operation and
maintenance of cyber infrastructure for research,
development, test, and evaluation purposes.
(5) Appropriate disclosure regarding United States cyber
warfare capabilities to the independent test and evaluation
community, and the involvement of that community in the
development and maintenance of such capabilities, regardless
of classification.
(6) The role of the private sector and appropriate
Department of Defense organizations in developing
capabilities to operate in

[[Page H8689]]

cyberspace, and a clear process for determining whether to
allocate responsibility for responding to Department of
Defense cyber warfare requirements through Federal Government
personnel, contracts with private sector entities, or a
combination of both.
(7) The roles of each military department, and of the
combat support Defense Agencies, in the development of cyber
warfare capabilities in support of offensive, defensive, and
intelligence operational requirements.
(8) Mechanisms to promote information sharing, cooperative
agreements, and collaboration with international,
interagency, academic, and industrial partners in the
development of cyber warfare capabilities.
(9) The manner in which the Department of Defense will
promote interoperability, share innovation, and avoid
unproductive duplication in cyber warfare capabilities
through specialization among the components of the Department
responsible for developing cyber capabilities.
(d) Report on Strategy.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on the strategy required by subsection (a). The report
shall include a comprehensive description of the strategy and
plans (including a schedule) for the implementation of the
strategy.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.

SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF THE
DEPARTMENT OF DEFENSE.

(a) Report Required.--Not later than March 1, 2011, the
Secretary of Defense shall submit to Congress a report on the
cyber warfare policy of the Department of Defense.
(b) Elements.--The report required under this section shall
include the following:
(1) A description of the policy and legal issues
investigated and evaluated by the Department in considering
the range of missions and activities that the Department may
choose to conduct in cyberspace.
(2) The decisions of the Secretary with respect to such
issues, and the recommendations of the Secretary to the
President for decisions on such of those issues as exceed the
authority of the Secretary to resolve, together with the
rationale and justification of the Secretary for such
decisions and recommendations.
(3) A description of the intentions of the Secretary with
regard to modifying the National Military Strategy for
Cyberspace Operations.
(4) The current use of, and potential applications of,
modeling and simulation tools to identify likely
cybersecurity vulnerabilities, as well as new protective and
remediation means, within the Department.
(5) The application of modeling and simulation technology
to develop strategies and programs to deter hostile or
malicious activity intended to compromise Department
information systems.
(c) Form.--The report required under this section shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE PROGRESS IN
DEFENDING THE DEPARTMENT AND THE DEFENSE
INDUSTRIAL BASE FROM CYBER EVENTS.

(a) Reports on Progress Required.--Not later than 180 days
after the date of the enactment of this Act, and March 1
every year thereafter through 2015, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of the Department of Defense in defending the
Department and the defense industrial base from cyber events
(such as attacks, intrusions, and theft).
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) In the case of the first report, a baseline for
measuring the progress of the Department of Defense in
defending the Department and the defense industrial base from
cyber events, including definitions of significant cyber
events, an appropriate categorization of various types of
cyber events, the basic methods used in various cyber events,
the vulnerabilities exploited in such cyber events, and the
metrics to be utilized to determine whether the Department is
or is not making progress against an evolving cyber threat.
(2) An ongoing assessment of such baseline against key
cyber defense strategies (described in subsection (c)) to
determine implementation progress.
(3)(A) A description of the nature and scope of significant
cyber events against the Department and the defense
industrial base during the preceding year, including, for
each such event, a description of the intelligence or other
Department data acquired, the extent of the corruption or
compromise of Department information or weapon systems, and
the impact of such event on the Department generally and on
operational capabilities.
(B) For any such event that has been investigated by or on
behalf of the Damage Assessment Management Office, a synopsis
of each damage assessment report, with emphasis on actions
needing remediation.
(4) A comparative assessment of the offensive cyber warfare
capabilities of current representative potential United
States adversaries and nations with advanced cyber warfare
capabilities with the capacity of the United States to
defend--
(A) military networks and mission capabilities; and
(B) critical infrastructure.
(5) A comparative assessment of the offensive cyber warfare
capabilities of the United States with the capacity of
current representative potential United States adversaries
and nations with advanced cyber warfare capabilities to
defend against cyber attacks.
(6) A comparative assessment of the degree of dependency of
current representative potential United States adversaries,
nations with advanced cyber warfare capabilities, and the
United States on networks that can be attacked through
cyberspace.
(7) A description of known or suspected identified supply
chain vulnerabilities, including known or suspected supply
chain attacks, and actions to remediate such vulnerabilities.
(c) Key Cyber Defense Strategies.--For purposes of
subsection (b)(2), key cyber defense strategies include the
following:
(1) Relevant valid Homeland Security Presidential
Directives and National Security Presidential Directives.
(2) The Comprehensive National Cybersecurity Initiative.
(3) The National Military Strategy for Cyberspace
Operations implementation plan.
(d) Performance of Certain Assessments.--The comparative
assessment of critical infrastructure required by subsection
(b)(4)(B) shall be performed by the Secretary of Homeland
Security, in coordination with the Secretary of Defense and
the heads of other agencies of the Government with specific
responsibility for critical infrastructure.
(e) Form.--Each report under this section shall be
submitted in unclassified form, but may include a classified
annex.

Subtitle E--Other Matters

SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO
TEMPORARY WAIVER OF REIMBURSEMENT OF COSTS OF
ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL AT
DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR
SECURITY STUDIES.

(a) Extension of Waiver.--Paragraph (1) of section 941(b)
of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4577; 10
U.S.C. 184 note) is amended by striking ``fiscal years 2009
and 2010'' and inserting ``fiscal years 2009 through 2012''.
(b) Annual Report.--Paragraph (3) of such section is
amended by striking ``in 2010 and 2011'' and inserting ``in
each year through 2013''.

SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND
MISSIONS REVIEW IN 2011.

(a) Additional Activities Considered.--As part of the
quadrennial roles and missions review conducted in 2011
pursuant to section 118b of title 10, United States Code, the
Secretary of Defense shall give consideration to the
following activities, giving particular attention to their
role in counter-terrorism operations:
(1) Information operations.
(2) Detention and interrogation.
(b) Additional Report Requirement.--In the report required
by section 118b(d) of such title for such review in 2011, the
Secretary of Defense shall--
(1) provide clear guidance on the nature and extent of
which core competencies are associated with the activities
listed in subsection (a); and
(2) identify the elements of the Department of Defense that
are responsible or should be responsible for providing such
core competencies.

SEC. 943. REPORT ON ORGANIZATIONAL STRUCTURE AND POLICY
GUIDANCE OF THE DEPARTMENT OF DEFENSE REGARDING
INFORMATION OPERATIONS.

[[Page H8690]]

(5) Departmental responsibility for coordination within the
Department, and between the Department and other departments
and agencies of the Federal Government, regarding Department
information operations, and for the resolution of conflicts
in the discharge of such operations, including an assessment
of current coordination bodies and decisionmaking processes.
(6) The roles and responsibilities of the military
departments, combat support agencies, the United States
Special Operations Command, and the other combatant commands
in the development and implementation of information
operations.
(7) The roles and responsibilities of the defense
intelligence agencies for support of information operations.
(8) The role in information operations of the following
Department officials:
(A) The Assistant Secretary of Defense for Public Affairs.
(B) The Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict.
(C) The senior official responsible for information
processing and networking capabilities.
(9) The role of related capabilities in the discharge of
information operations, including public affairs
capabilities, civil-military operations capabilities, defense
support of public diplomacy, and intelligence.
(10) The management structure of computer network
operations in the Department for the discharge of information
operations, and the policy in support of that component.
(11) The appropriate use, management, and oversight of
contractors in the development and implementation of
information operations, including an assessment of current
guidance and policy directives pertaining to the uses of
contractors for these purposes.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, with a classified annex, if
necessary.
(d) Department of Defense Directive.--Upon the submittal of
the report required by subsection (a), the Secretary shall
prescribe a revised directive for the Department of Defense
on information operations. The directive shall take into
account the results of the review conducted for purposes of
the report.
(e) Information Operations Defined.--In this section, the
term ``information operations'' means the information
operations specified in Department of Defense Directive
3600.1, as follows:
(1) Electronic warfare.
(2) Computer network operations.
(3) Psychological operations.
(4) Military deception.
(5) Operations security.

SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF THE
GEOGRAPHIC COMBATANT COMMAND HEADQUARTERS.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff shall jointly
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the organizational structures of
the headquarters of the geographic combatant commands.
(b) Elements.--The report required by subsection (a) shall
include the following;
(1) A description of the organizational structure of the
headquarters of each geographic combatant command.
(2) An assessment of the benefits and limitations of the
different organizational structures in meeting the broad
range of military missions of the geographic combatant
commands.
(3) A description and assessment of the role and
contributions of other departments and agencies of the
Federal Government within each organizational structure,
including a description of any plans to expand interagency
participation in the geographic combatant commands in the
future.
(4) A description of any lessons learned from the ongoing
reorganization of the organizational structure of the United
States Southern Command and the United States Africa Command,
including an assessment of the value, if any, added by the
position of civilian deputy to the commander of the United
States Southern Command and to the commander of the United
States Africa Command.
(5) Any other matters the Secretary and the Chairman
consider appropriate.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Counter-Drug Activities

Subtitle C--Naval Vessels and Shipyards

Subtitle D--Counterterrorism

Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Extension of limitation on use of funds for the transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1035. Comprehensive review of force protection policies.

Subtitle E--Homeland Defense and Civil Support

Sec. 1041. Limitation on deactivation of existing Consequence
Management Response Forces.

Subtitle F--Studies and Reports

Subtitle G--Miscellaneous Authorities and Limitations

Subtitle H--Other Matters

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2011 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be

[[Page H8691]]

counted toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OPERATIONS IN AFGHANISTAN, IRAQ, AND HAITI FOR
FISCAL YEAR 2010.

In addition to the amounts otherwise authorized to be
appropriated by this division, the amounts authorized to be
appropriated for fiscal year 2010 in title XV of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) are hereby increased, with respect to any such
authorized amount, as follows:
(1) The amounts provided in sections 1502 through 1507 of
such Act for the following procurement accounts are increased
as follows:
(A) For aircraft procurement, Army, by $182,170,000.
(B) For weapons and tracked combat vehicles procurement,
Army, by $3,000,000.
(C) For ammunition procurement, Army, by $17,055,000.
(D) For other procurement, Army, by $1,997,918,000.
(E) For the Joint Improvised Explosive Device Defeat Fund,
by $400,000,000.
(F) For aircraft procurement, Navy, by $104,693,000.
(G) For other procurement, Navy, by $15,000,000.
(H) For procurement, Marine Corps, by $18,927,000.
(I) For aircraft procurement, Air Force, by $209,766,000.
(J) For ammunition procurement, Air Force, by $5,000,000.
(K) For other procurement, Air Force, by $576,895,000.
(L) For the Mine Resistant Ambush Protected Vehicle Fund,
by $1,123,000,000.
(M) For defense-wide activities, by $189,276,000.
(2) The amounts provided in section 1508 of such Act for
research, development, test, and evaluation are increased as
follows:
(A) For the Army, by $61,962,000.
(B) For the Navy, by $5,360,000.
(C) For the Air Force, by $187,651,000.
(D) For defense-wide activities, by $22,138,000.
(3) The amounts provided in sections 1509, 1511, 1513,
1514, and 1515 of such Act for operation and maintenance are
increased as follows:
(A) For the Army, by $11,700,965,000.
(B) For the Navy, by $2,428,702,000.
(C) For the Marine Corps, by $1,090,873,000.
(D) For the Air Force, by $3,845,047,000.
(E) For defense-wide activities, by $1,188,421,000.
(F) For the Army Reserve, by $67,399,000.
(G) For the Navy Reserve, by $61,842,000.
(H) For the Marine Corps Reserve, by $674,000.
(I) For the Air Force Reserve, by $95,819,000.
(J) For the Army National Guard, by $171,834,000.
(K) For the Air National Guard, by $161,281,000.
(L) For the Defense Health Program, by $33,367,000.
(M) For Drug Interdiction and Counterdrug Activities,
Defense-wide, by $94,000,000.
(N) For the Afghanistan Security Forces Fund, by
$2,604,000,000.
(O) For the Iraq Security Forces Fund, by $1,000,000,000.
(P) For Overseas Humanitarian, Disaster, and Civic Aid, by
$255,000,000.
(Q) For Overseas Contingency Operations Transfer Fund, by
$350,000,000.
(R) For Working Capital Funds, by $974,967,000.
(4) The amount provided in section 1512 of such Act for
military personnel accounts is increased by $1,895,761,000.

SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted
prior to the vote on passage of this Act.

Subtitle B--Counter-Drug Activities

SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN
IN COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1011 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2441), is further amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (c), by striking ``2010'' and inserting
``2011''.

SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK FORCES
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.

(a) Extension.--Subsection (b) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 371 note) is amended by striking ``2010'' and
inserting ``2011''.
(b) Availability of Authority.--
(1) Additional condition on authority for support and
associated waiver authority.--Subsection (d) of such section
is amended--
(A) by inserting ``(1)'' before ``Any support''; and
(B) by adding at the end the following new paragraph:
``(2)(A) Support for counter-terrorism activities provided
under subsection (a) may only be provided if the Secretary of
Defense determines that the objectives of using the counter-
drug funds of any joint task force to provide such support
relate significantly to the objectives of providing support
for counter-drug activities by that joint task force or any
other joint task force.
``(B) The Secretary of Defense may waive the requirements
of subparagraph (A) if the Secretary determines that such a
waiver is vital to the national security interests of the
United States. The Secretary shall promptly submit to
Congress notice in writing of any waiver issued under this
subparagraph.
``(C) The Secretary of Defense may delegate any
responsibility of the Secretary under subparagraph (B) to the
Deputy Secretary of Defense or to the Under Secretary of
Defense for Policy. Except as provided in the preceding
sentence, such a responsibility may not be delegated to any
official of the Department of Defense or any other
official.''.
(2) Annual certification of compliance.--Subsection (c) of
such section is amended by adding at the end the following
new paragraph:
``(4) A certification by the Secretary of Defense that any
support provided under subsection (a) during such one-year
period was provided in compliance with the requirements of
subsection (d).''.
(3) Interim compliance report.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report setting forth--
(A) a description of each support activity provided by a
joint task force under subsection (a) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 371 note), as of the date of the submittal of such
report; and
(B) a certification as to whether or not each such activity
has been provided in compliance with the requirements of
subsection (d) of such section, as amended by paragraph (1)
of this subsection.

SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.

Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-255), as most recently
amended by section 1013 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442),
is further amended by striking ``February 15, 2010'' and
inserting ``February 15, 2011''.

SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS.

(a) In General.--Subsection (a)(2) of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1881), as most recently amended
by section 1014(a) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), is
further amended by striking ``2010'' and inserting ``2012''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such
section is amended by striking ``either of fiscal years 2009
and 2010'' and inserting ``any of the fiscal years 2009
through 2012''.

SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION
PROJECTS FOR FACILITIES OF THE DEPARTMENT OF
DEFENSE AND FOREIGN LAW ENFORCEMENT AGENCIES
FOR COUNTER-DRUG ACTIVITIES.

(a) Notice to Congress.--
(1) Notice.--Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note)
is amended--
(A) in subsection (b)(4), by inserting ``for the purpose of
facilitating'' after ``within or outside the United States
or''; and
(B) in subsection (h)(2)(A)--
(i) by striking ``modification or repair'' and inserting
``construction, modification, or repair'';
(ii) by striking ``a Department of Defense facility'' and
inserting ``any facility''; and
(iii) by striking ``purpose'' and inserting ``purposes''.
(2) Construction of notice.--Subsection (h) of such section
is further amended by adding at the end the following new
paragraph:
``(3) This subsection may not be construed as an
authorization for the use of funds for any military
construction project that would exceed the approved cost
limitations of an unspecified minor military construction
project under section 2805(a)(2) of title 10, United States
Code.''.

[[Page H8692]]

(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to facilities projects for which
a decision is made to be carried out on or after that date.

Subtitle C--Naval Vessels and Shipyards

SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.

(a) Extension.--Subsection (b) of section 1014 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4585) is amended by
striking ``September 30, 2010'' and inserting ``September 30,
2015''.
(b) Clarification of Scope of Authority.--Subsection (a) of
such section is amended by inserting ``in any fiscal year''
after ``may be used''.

SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARDING THE
NAMING OF A NAVAL COMBAT VESSEL AFTER FATHER
VINCENT CAPODANNO.

(a) Findings.--Congress makes the following findings:
(1) Father Vincent Capodanno was born on February 13, 1929,
in Staten Island, New York.
(2) After attending Fordham University for a year, he
entered the Maryknoll Missionary Seminary in upstate New York
in 1949, and was ordained a Catholic priest in June 1957.
(3) Father Capodanno's first assignment as a missionary was
working with aboriginal Taiwanese people in the mountains of
Taiwan where he served in a parish and later in a school.
After several years, Father Capodanno returned to the United
States for leave and then was assigned to a Maryknoll school
in Hong Kong.
(4) Father Vincent Capodanno volunteered as a Navy Chaplain
and was commissioned a Lieutenant in the Chaplain Corps of
the United States Naval Reserve in December 28, 1965.
(5) Father Vincent Capodanno selflessly extended his combat
tour in Vietnam on the condition he was allowed to remain
with the infantry.
(6) On September 4, 1967, during a fierce battle in the
Thang Binh District of the Que-Son Valley in Vietnam, Father
Capodanno went among the wounded and dying, giving last rites
and caring for the injured. He was killed that day while
taking care of his Marines.
(7) On January 7, 1969, Father Vincent Capodanno was
awarded the Medal of Honor posthumously for comforting the
wounded and dying during the Vietnam conflict. For his
dedicated service, Father Capodanno was also awarded the
Bronze Star, the Purple Heart, the Presidential Unit
Citation, the National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Gallantry Cross with Palm, and the
Vietnam Campaign Medal.
(8) In his memory, the U.S.S. Capodanno was commissioned on
September 17, 1973. It is the only Naval vessel to date to
have received a Papal blessing by Pope John Paul II in
Naples, Italy, on September 4, 1981.
(9) The U.S.S. Capodanno was decommissioned on July 30,
1993.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should name a combat vessel of the
United States Navy the ``U.S.S. Father Vincent Capodanno'',
in honor of Father Vincent Capodanno, a lieutenant in the
Navy Chaplain Corps.

SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION
OF NAVAL VESSELS.

(a) In General.--Section 231 of title 10, United States
Code, is amended to read as follows:

``Sec. 231. Long-range plan for construction of naval vessels

``(a) Quadrennial Naval Vessel Construction Plan.--At the
same time that the budget of the President is submitted under
section 1105(a) of title 31 during each year in which the
Secretary of Defense submits a quadrennial defense review,
the Secretary of the Navy shall submit to the congressional
defense committees a long-range plan for the construction of
combatant and support vessels for the Navy that supports the
force structure recommendations of the quadrennial defense
review.
``(b) Matters Included.--The plan under subsection (a)
shall include the following:
``(1) A detailed construction schedule of naval vessels for
the 10-year period beginning on the date on which the plan is
submitted, including a certification by the Secretary that
the budget for the fiscal year in which the plan is submitted
and the budget for the future-years defense program submitted
under section 221 of this title are sufficient for funding
such schedule.
``(2) A probable construction schedule for the 10-year
period beginning on the date that is 10 years after the date
on which the plan is submitted.
``(3) A notional construction schedule for the 10-year
period beginning on the date that is 20 years after the date
on which the plan is submitted.
``(4) The estimated levels of annual funding necessary to
carry out the construction schedules under paragraphs (1),
(2), and (3).
``(5) For the construction schedules under paragraphs (1)
and (2)--
``(A) a determination by the Director of Cost Assessment
and Program Evaluation of the level of funding necessary to
execute such schedules; and
``(B) an evaluation by the Director of the potential risk
associated with such schedules, including detailed effects on
operational plans, missions, deployment schedules, and
fulfillment of the requirements of the combatant commanders.
``(c) Naval Composition.--In submitting the plan under
subsection (a), the Secretary shall ensure that such plan is
in accordance with section 5062(b) of this title.
``(d) Assessment When Budget Is Insufficient.--If the
budget for a fiscal year provides for funding of the
construction of naval vessels at a level that is less than
the level determined necessary by the Director of Cost
Assessment and Program Evaluation under subsection (b)(5),
the Secretary of the Navy shall include with the defense
budget materials for that fiscal year an assessment that
describes and discusses the risks associated with the budget,
including the risk associated with a reduced force structure
that may result from funding naval vessel construction at
such a level.
``(e) CBO Evaluation.--Not later than 60 days after the
date on which the congressional defense committees receive
the plan under subsection (a), the Director of the
Congressional Budget Office shall submit to such committees a
report assessing the sufficiency of the estimated levels of
annual funding included in such plan with respect to the
budget submitted during the year in which the plan is
submitted and the future-years defense program submitted
under section 221 of this title.
``(f) Changes to the Construction Plan.--In any year in
which a quadrennial defense review is not submitted and the
budget of the President submitted under section 1105(a) of
title 31 decreases the number of vessels requested in the
future-years defense program submitted under section 221 of
this title, the Secretary of the Navy shall submit to the
congressional defense committees a report on such decrease
including--
``(1) an addendum to the most recent quadrennial defense
review that fully explains and justifies the decrease with
respect to the national security strategy of the United
States as set forth in the most recent national security
strategy report of the President under section 108 of the
National Security Act of 1947 (50 U.S.C. 404a); and
``(2) a description of the additional reviews and analyses
considered by the Secretary after the previous quadrennial
defense review was submitted that justify the decrease.
``(g) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.
``(3) The term `quadrennial defense review' means the
review of the defense programs and policies of the United
States that is carried out every four years under section 118
of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by striking
the item relating to section 231 and inserting the following
new item:

``231. Long-range plan for construction of naval vessels.''.

Subtitle D--Counterterrorism

SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS
FOR COMBATING TERRORISM.

Section 127b(c)(3)(C) of title 10, United States Code, is
amended by striking ``2010'' and inserting ``2011''.

SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

None of the funds authorized to be appropriated by this Act
for fiscal year 2011 may be used to transfer, release, or
assist in the transfer or release to or within the United
States, its territories, or possessions of Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.

SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE
TRANSFER OF INDIVIDUALS DETAINED AT NAVAL
STATION, GUANTANAMO BAY, CUBA, TO FOREIGN
COUNTRIES AND OTHER FOREIGN ENTITIES.

(a) Limitation.--
(1) In general.--Except as provided in paragraph (2),
during the one-year period beginning on the date of the
enactment of this Act, the Secretary of Defense may not use
any of the amounts authorized to be appropriated by this Act
or otherwise available to the Department of Defense to
transfer any individual detained at Guantanamo to the custody
or effective control of the individual's country of origin,
any other foreign country, or any other foreign entity unless
the Secretary submits to Congress the certification described
in subsection (b) by not later than 30 days before the
transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition
of the individual that is issued by

[[Page H8693]]

a court or competent tribunal of the United States having
lawful jurisdiction. The Secretary shall notify Congress
promptly upon issuance of any such order.
(b) Certification.--The certification described in this
subsection is a written certification made by the Secretary
of Defense, with the concurrence of the Secretary of State,
that the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention
facility in which an individual is to be detained if the
individual is to be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States,
its citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates of the
individual; and
(B) could affect the security of the United States, its
citizens, or its allies.
(c) Prohibition and Waiver in Cases of Prior Confirmed
Recidivism.--
(1) Prohibition.--Except as provided in paragraph (3),
during the one-year period beginning on the date of the
enactment of this Act, the Secretary of Defense may not use
any amount authorized to be appropriated or otherwise made
available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody or effective
control of the individual's country of origin, any other
foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United
States Naval Station, Guantanamo Bay, Cuba, at any time after
September 11, 2001, who was transferred to the foreign
country or entity and subsequently engaged in any terrorist
activity.
(2) Waiver.--The Secretary of Defense may waive the
prohibition in paragraph (1) if the Secretary determines that
such a transfer is in the national security interests of the
United States and includes, as part of the certification
described in subsection (b) relating to such transfer, the
determination of the Secretary under this paragraph.
(3) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition
of the individual that is issued by a court or competent
tribunal of the United States having lawful jurisdiction. The
Secretary shall notify Congress promptly upon issuance of any
such order.
(d) Definitions.--For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means
any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective control of the
Department of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).

SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR
CONSTRUCT FACILITIES IN THE UNITED STATES TO
HOUSE DETAINEES TRANSFERRED FROM UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General.--None of the funds authorized to be
appropriated by this Act may be used to construct or modify
any facility in the United States, its territories, or
possessions to house any individual described in subsection
(c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of
Defense.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any modification of facilities at United States
Naval Station, Guantanamo Bay, Cuba.
(c) Individuals Described.--An individual described in this
subsection is any individual who, as of October 1, 2009, is
located at United States Naval Station, Guantanamo Bay, Cuba,
and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(d) Report on Use of Facilities in the United States To
House Detainees Transferred From Guantanamo.--
(1) Report required.--Not later than April 1, 2011, the
Secretary of Defense shall submit to the congressional
defense committees a report, in classified or unclassified
form, on the merits, costs, and risks of using any proposed
facility in the United States, its territories, or
possessions to house any individual described in subsection
(c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of
Defense.
(2) Elements of the report.--The report required in
paragraph (1) shall include each of the following:
(A) A discussion of the merits associated with any such
proposed facility that would justify--
(i) using the facility instead of the facility at United
States Naval Station, Guantanamo Bay, Cuba; and
(ii) the proposed facility's contribution to effecting a
comprehensive policy for continuing military detention
operations.
(B) The rationale for selecting the specific site for any
such proposed facility, including details for the processes
and criteria used for identifying the merits described in
subparagraph (A) and for selecting the proposed site over
reasonable alternative sites.
(C) A discussion of any potential risks to any community in
the vicinity of any such proposed facility, the measures that
could be taken to mitigate such risks, and the likely cost to
the Department of Defense of implementing such measures.
(D) A discussion of any necessary modifications to any such
proposed facility to ensure that any detainee transferred
from Guantanamo Bay to such facility could not come into
contact with any other individual, including any other person
detained at such facility, that is not approved for such
contact by the Department of Defense, and an assessment of
the likely costs of such modifications.
(E) A discussion of any support at the site of any such
proposed facility that would likely be provided by the
Department of Defense, including the types of support, the
number of personnel required for each such type, and an
estimate of the cost of such support.
(F) A discussion of any support, other than support
provided at a proposed facility, that would likely be
provided by the Department of Defense for the operation of
any such proposed facility, including the types of possible
support, the number of personnel required for each such type,
and an estimate of the cost of such support.
(G) A discussion of the legal issues, in the judgment of
the Secretary of Defense, that could be raised as a result of
detaining or imprisoning any individual described in
subsection (c) at any such proposed facility that could not
be raised while such individual is detained or imprisoned at
United States Naval Station, Guantanamo Bay, Cuba.

SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.

(a) Comprehensive Review Required.--The Secretary of
Defense shall conduct a comprehensive review of Department of
Defense policies, regulations, instructions, and directives
pertaining to force protection within the Department.
(b) Matters Covered.--The review required under subsection
(a) shall include an assessment of each of the following:
(1) Information sharing practices across the Department of
Defense, and among the State, local, and Federal partners of
the Department of Defense.
(2) Antiterrorism and force protection standards relating
to buildings, including standoff distances.
(3) Protective standards relating to chemical, biological,
radiological, nuclear, and high explosives threats.
(4) Standards relating to access to Department bases.
(5) Standards for identity management within the
Department, including such standards for identity cards and
biometric identifications systems.
(6) Procedures for validating and approving individuals
with regular or episodic access to military installations,
including military personnel, civilian employees,
contractors, family members of personnel, and other types of
visitors.
(7) Procedures for sharing with appropriate Department of
Defense officials with responsibility for force protection--
(A) information from the intelligence or law enforcement
community regarding possible threats from terrorists or
terrorist groups, criminal organizations, or other state and
non-state foreign entities actively working to undermine the
security interests of the United States; and
(B) information regarding personnel who have engaged in
potentially suspicious activities or may otherwise pose a
threat.
(8) Any legislative changes recommended for implementing
the recommendations contained in the review.
(c) Interim Report.--Not later than September 1, 2012, the
Secretary of Defense shall submit an interim report on the
comprehensive review required under subsection (a).
(d) Final Report.--Not later than March 1, 2013, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a final
report on the comprehensive review required under subsection
(a). The final report shall include such findings and
recommendations as the Secretary considers appropriate based
on the review, including recommended actions to be taken to
implement the specific recommendations in the final report.
The

[[Page H8694]]

final report shall be submitted in an unclassified format,
but may include a classified annex.

Subtitle E--Homeland Defense and Civil Support

SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE
MANAGEMENT RESPONSE FORCES.

(a) Limitation.--The Secretary of Defense shall ensure that
no Chemical, Biological, Radiological, Nuclear, or High-Yield
Explosive Consequence Management Response Force established
as of October 1, 2009, is deactivated or disestablished until
the Secretary provides a certification described in
subsection (b).
(b) Certification.--The certification described in this
subsection is a written certification to the congressional
defense committees that there exists within the United States
Armed Forces an alternative chemical, biological,
radiological, nuclear, or high-yield explosive consequence
management response capability that is at least as capable as
two Chemical, Biological, Radiological, Nuclear, or High-
Yield Explosive Consequence Management Response Forces.
(c) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on plans of the
Department of Defense to establish Homeland Response Forces
for domestic emergency response to incidents involving
weapons of mass destruction.
(2) Elements of report.--The report required by this
subsection shall include the following:
(A) A detailed description of the analysis that led to the
decision to establish Homeland Response Forces described in
paragraph (1), including--
(i) whether consideration was given to establishing
Homeland Response Forces within the Reserves; and
(ii) the reasons for not planning to establish any Homeland
Response Forces within the Reserves.
(B) A detailed description of the plans to establish
Homeland Response Forces, including--
(i) the cost and schedule to establish, equip, maintain,
and operate the proposed Homeland Response Forces;
(ii) guidelines for the employment of Homeland Response
Forces; and
(iii) the portion of the costs of Homeland Response Forces
that will be borne by the States.
(C) A detailed description of the proposed number and
composition of Homeland Response Forces, including--
(i) the number and type of units in each Homeland Response
Force; and
(ii) the number of personnel in each Homeland Response
Force.
(D) A comparative assessment of the emergency response
capabilities of a Homeland Response Force with the
capabilities of a Chemical, Biological, Radiological,
Nuclear, or High-Yield Explosive Consequence Management
Response Force, including--
(i) a comparison of the equipment proposed for each type of
force;
(ii) a comparison of the proposed means of transportation
for each type of force;
(iii) an estimate of the time it would take each type of
force to deploy to an incident site; and
(iv) an estimate of the operational duration of each type
of force at such a site.
(E) A description of the command and control arrangements
proposed for the Homeland Response Forces, including a
description of the degree to which the Homeland Response
Forces would be subject to the direction and control of the
Department of Defense, as compared to the Governor of the
State in which they are located.
(F) The results of the United States Northern Command study
of the possible concepts of operations and of the
implementation of the Homeland Response Force plan in such a
manner as to provide adequate capability to provide Federal
defense support to civil authorities during domestic
incidents involving weapons of mass destruction.
(G) Any other matters the Secretary considers appropriate.
(3) Form of report.--The report required by this subsection
shall be in unclassified form, but may include a classified
annex.

Subtitle F--Studies and Reports

SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND
SKILLS.

(a) Study Required.--
(1) Selection of independent study organization.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall select and enter into an agreement
with an appropriate independent, nonprofit organization to
conduct a study of the matters described in subsection (b).
(2) Qualifications of organization selected.--The
organization selected shall be qualified on the basis of
having relevant expertise in the fields of national security
and human capital development, and on the basis of such other
criteria as the Secretary of Defense may determine.
(b) Matters To Be Covered.--The study required by
subsection (a) shall assess the current state of interagency
national security knowledge and skills in Department of
Defense civilian and military personnel, and make
recommendations for strengthening such knowledge and skills.
At minimum, the study shall include assessments and
recommendations on--
(1) interagency national security training, education, and
rotational assignment opportunities available to civilians
and military personnel;
(2) integration of interagency national security education
into the professional military education system;
(3) levels of interagency national security knowledge and
skills possessed by personnel currently serving in civilian
executive and general or flag officer positions, as
represented by the interagency education, training, and
professional experiences they have undertaken;
(4) incentives that enable and encourage military and
civilian personnel to undertake interagency assignment,
education, and training opportunities, as well as
disincentives and obstacles that discourage undertaking such
opportunities; and
(5) any plans or current efforts to improve the interagency
national security knowledge and skills of civilian and
military personnel.
(c) Report.--Not later than December 1, 2011, the Secretary
of Defense shall submit to the congressional defense
committees a report containing the findings and
recommendations from the study required by subsection (a).
(d) Definition.--In this section, the term ``interagency
national security knowledge and skills'' means an
understanding of, and the ability to efficiently and
expeditiously work within, the structures, mechanisms, and
processes by which the departments, agencies, and elements of
the Federal Government that have national security missions
coordinate and integrate their policies, capabilities,
budgets, expertise, and activities to accomplish such
missions.

SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT
TRAINING CENTER.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the need for the establishment of a Northeast Regional Joint
Training Center.
(b) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) A list of facilities in the Northeastern United States
at which, as of the date of the enactment of this Act, the
Department of Defense has deployed or has committed to
deploying joint training.
(2) A description of the extent to which such facilities
have sufficient unused capacity and expertise to accommodate
and fully utilize joint training.
(3) A list of potential locations for the Northeast
Regional Joint Training Center discussed in the report.
(c) Considerations With Respect to Location.--In
determining potential locations for the Northeast Regional
Joint Training Center to be discussed in the report required
under subsection (a), the Secretary of Defense shall take
into consideration Department of Defense facilities that
have--
(1) a workforce of skilled personnel;
(2) live, virtual, and constructive training capabilities,
and the ability to digitally connect them and the associated
battle command structure at the tactical and operational
levels;
(3) an extensive deployment history in Operation Enduring
Freedom and Operation Iraqi Freedom;
(4) a location in the Northeastern United States;
(5) the capacity or potential capacity to accommodate a
target training audience range of 500 to 4,000 additional
personnel; and
(6) the capability to accommodate the training of current
and future joint forces.

SEC. 1053. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED
REPORTS.

(a) Report Required.--Not later than March 1, 2011, the
Comptroller General of the United States shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
evaluating the sufficiency, adequacy, and conclusions of the
following reports:
(1) The report on Air Force fighter force shortfalls, as
required by the report of the House of Representatives
numbered 111-166, which accompanied the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84).
(2) The report on procurement of 4.5 generation fighters,
as required by section 131 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2218).
(3) The report on combat air forces restructuring, as
required by the report of the House of Representatives
numbered 111-288, which accompanied the conference report for
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84).
(b) Matters Covered by Report.--The report required by
subsection (a) shall examine the potential costs and benefits
of each of the following:
(1) The service life extension program costs to sustain the
legacy fighter fleet to meet inventory requirements with an
emphasis on the service life extension program compared to
other options such as procurement of 4.5 generation fighters.
(2) The Falcon Structural Augmentation Roadmap of F-16s,
with emphasis on the cost-benefit of such effort and the
effect of such efforts on the service life of the airframes.

[[Page H8695]]

(3) Any additional programs designed to extend the service
life of legacy fighter aircraft.
(c) Prohibition.--No fighter aircraft may be retired from
the Air Force or the Air National Guard inventory in fiscal
year 2011 until the date that is 90 days after the date on
which the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
receive the report required under subsection (a).

SEC. 1054. BIENNIAL REPORT ON NUCLEAR TRIAD.

(a) Report.--Not later than March 1 of each even-numbered
year, beginning March 1, 2012, the Secretary of Defense, in
consultation with the Administrator for Nuclear Security,
shall submit to the congressional defense committees a report
on the nuclear triad.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A detailed discussion of the modernization and
sustainment plans for each component of the nuclear triad
over the 10-year period beginning on the date of the report.
(2) The funding required for each platform of the nuclear
triad with respect to operation and maintenance,
modernization, and replacement.
(3) Any industrial capacities that the Secretary considers
vital to ensure the viability of the nuclear triad.
(c) Nuclear Triad Defined.--In this section, the term
``nuclear triad'' means the nuclear deterrent capabilities of
the United States composed of ballistic missile submarines,
land-based missiles, and strategic bombers.

SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON ALIGNMENT OF
WORLD REGIONS IN DEPARTMENTS AND AGENCIES WITH
INTERNATIONAL RESPONSIBILITIES.

(a) Study Required.--The Comptroller General of the United
States shall conduct a study to assess the need for and
implications of a common alignment of world regions in the
internal organization of departments and agencies of the
Federal Government with international responsibilities.
(b) Departments and Agencies.--The following departments
and agencies, at a minimum, shall be included in the study:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of Homeland Security.
(7) The United States Agency for International Development.
(8) The agencies comprising the intelligence community.
(9) Such other departments, agencies, and Federal
organizations with significant international responsibilities
as the Comptroller General considers appropriate.
(c) Cooperation and Access.--The heads of the departments
and agencies included in the study shall provide full
cooperation with, and access to appropriate information on
organizational structures to, the Comptroller General for the
purposes of conducting the study.
(d) Matters Covered.--The study required under subsection
(a) shall, at a minimum, assess--
(1) problems and inefficiencies resulting from lack of a
common alignment, including impediments to interagency
collaboration;
(2) obstacles to implementing a common alignment;
(3) advantages and disadvantages of a common alignment; and
(4) measures taken to address challenges associated with
the lack of a common alignment.
(e) Report.--The Comptroller General shall submit to
Congress a report on the study required under subsection (a)
not later than 180 days after the date of the enactment of
this Act.

SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION,
SUSTAINMENT, AND RECAPITALIZATION EFFORTS IN
SUPPORT OF THE NATIONAL DEFENSE STRATEGY.

(a) Air Force Report.--
(1) Report required.--Not later than 360 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a
report that includes--
(A) a discussion of the cost, schedule, and performance of
all planned efforts to modernize and keep viable the existing
B-1, B-2, and B-52 bomber fleets and a discussion of the
forecasted service-life and all sustainment challenges that
the Secretary of the Air Force may confront in keeping those
platforms viable until the anticipated retirement of such
aircraft;
(B) a discussion, presented in a comparison and contrast
type format, of the scope of the 2007 Next-Generation Long
Range Strike Analysis of Alternatives guidance and subsequent
Analysis of Alternatives report tasked by the Under Secretary
of Defense for Acquisition, Technology, and Logistics in the
September 11, 2006, Acquisition Decision Memorandum, as
compared to the scope and directed guidance of the year 2010
Long Range Strike Study effort currently being conducted by
the Under Secretary of Defense for Policy and the Office of
the Secretary of Defense's Cost Assessment and Program
Evaluation Office; and
(C) a discussion of the preliminary costs, any development,
testing, fielding and operational employment challenges,
capability gaps, limitations, and shortfalls of the Secretary
of Defense's plan to field a long-range, penetrating,
survivable, persistent and enduring ``family of systems'' as
compared to the preliminary costs, any development, testing,
fielding, and operational employment of a singular platform
that encompasses all the required aforementioned
characteristics.
(2) Preparation of report.--The report under paragraph (1)
shall be prepared by a federally funded research and
development center selected by the Secretary of the Air Force
and submitted to the Secretary for submittal by the Secretary
in accordance with that paragraph.
(b) Cost Analysis and Program Evaluation Report.--Not later
than 180 days after the date of the enactment of this Act,
the Director of the Cost Analysis and Program Evaluation of
the Office of the Secretary of Defense shall submit to the
congressional defense committees a report that includes--
(1) the assumptions and estimated life-cycle costs of the
Department's long-range, penetrating, survivable, persistent,
and enduring ``family of systems'' platforms; and
(2) the assumptions and estimated life-cycle costs of the
Next Generation Platform program, as planned, prior to the
cancellation of the program on April 6, 2009.

SEC. 1057. COMPTROLLER GENERAL STUDY AND RECOMMENDATIONS
REGARDING SECURITY OF SOUTHERN LAND BORDER OF
THE UNITED STATES.

(a) Study and Report Required.--The Comptroller General of
the United States shall conduct a study of the security of
the southern land border of the United States and ongoing
United States Government efforts to improve such security.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing the findings of the study
and such recommendations based on such findings as the
Comptroller General considers to be appropriate.
(b) Issues Addressed.--The study and report required by
subsection (a) shall address, at a minimum, the following
issues:
(1) The extent to which the United States has or has not
achieved and maintained operational control over the southern
land border of the United States, as defined in section 2(b)
of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C.
1701 note).
(2) The extent to which any lack of operational control
over the southern land border of the United States has
resulted in the operation of illicit networks trafficking in
people, drugs, illegal weapons and money, violence associated
with such illegal activities, and other impacts adverse to
the interests of the United States.
(3) The costs and benefits of steps, including but not
limited to the steps identified in subsection (c), that could
be taken by elements of the United States Government to
achieve operational control over the southern land border of
the United States.
(4) The costs and benefits of an increased role for the
Department of Defense in taking any such steps.
(5) The adequacy of current information sharing agreements
and other related agreements between Federal, State, local,
and tribal law enforcement authorities with regard to the
security of the southern land border of the United States.
(6) The impact of any increased deployment of unmanned
aerial systems or unmanned aircraft on the use and
availability of the National Airspace in the area of the
southern land border of the United States.
(c) Specific Steps To Be Considered.--The steps to be
considered by the Comptroller General pursuant to paragraphs
(3) and (4) of subsection (b) shall include the following:
(1) The deployment of additional units or members of the
National Guard or other Department of Defense personnel to
the southern land border of the United States.
(2) The commitment of additional border patrol agents or
other civilian law enforcement personnel to the southern land
border of the United States.
(3) The construction of additional fencing, including
double-layer and triple-layer fencing.
(4) The increased use of ground-based mobile surveillance
systems by military or civilian personnel.
(5) The deployment of additional unmanned aerial systems
and manned aircraft to provide surveillance of the southern
land border of the United States.
(6) The deployment and provision of capability for radio
communications interoperability between U.S. Customs and
Border Protection and State, local, and tribal law
enforcement agencies.
(7) The construction of checkpoints along the southern land
border of the United States.
(8) The use of additional mobile patrols by military or
civilian personnel, particularly in rural, high-trafficked
areas, as designated by the Commissioner of Customs and
Border Protection.

Subtitle G--Miscellaneous Authorities and Limitations

SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE
REPORTS REQUIRED BY LAW.

(a) Public Availability.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 122 the following new
section:

[[Page H8696]]

``Sec. 122a. Public availability of Department of Defense
reports required by law

``(a) In General.--The Secretary of Defense shall ensure
that each report described in subsection (b) is made
available to the public, upon request submitted on or after
the date on which such report is submitted to Congress,
through the Office of the Assistant Secretary of Defense for
Public Affairs.
``(b) Covered Reports.--(1) Except as provided in paragraph
(2), a report described in this subsection is any report that
is required by law to be submitted to Congress by the
Secretary of Defense, or by any element of the Department of
Defense.
``(2) A report otherwise described in paragraph (1) is not
a report described in this subsection if the report
contains--
``(A) classified information;
``(B) proprietary information;
``(C) information that is exempt from disclosure under
section 552 of title 5 (commonly referred to as the `Freedom
of Information Act'); or
``(D) any other type of information that the Secretary of
Defense determines should not be made available to the public
in the interest of national security.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by inserting
after the item relating to section 122 the following new
item:

``122a. Public availability of Department of Defense reports required
by law.''.

(b) Effective Date.--Section 122a of title 10, United
States Code (as added by subsection (a)), shall take effect
90 days after the date of the enactment of this Act, and
shall apply with respect to reports that are required by law
to be submitted to Congress on or after that date.

SEC. 1062. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT
TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND
OTHERWISE USE PRIVATELY OWNED FIREARMS,
AMMUNITION, AND OTHER WEAPONS.

(a) In General.--Except as provided in subsection (c), the
Secretary of Defense shall not prohibit, issue any
requirement relating to, or collect or record any information
relating to the otherwise lawful acquisition, possession,
ownership, carrying, or other use of a privately owned
firearm, privately owned ammunition, or another privately
owned weapon by a member of the Armed Forces or civilian
employee of the Department of Defense on property that is
not--
(1) a military installation; or
(2) any other property that is owned or operated by the
Department of Defense.
(b) Existing Regulations and Records.--
(1) Regulations.--Any regulation promulgated before the
date of enactment of this Act shall have no force or effect
to the extent that it requires conduct prohibited by this
section.
(2) Records.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall destroy
any record containing information described in subsection (a)
that was collected before the date of enactment of this Act.
(c) Rule of Construction.--Subsection (a) shall not be
construed to limit the authority of the Secretary of Defense
to--
(1) create or maintain records relating to, or regulate the
possession, carrying, or other use of a firearm, ammunition,
or other weapon by a member of the Armed Forces or civilian
employee of the Department of Defense while--
(A) engaged in official duties on behalf of the Department
of Defense; or
(B) wearing the uniform of an Armed Force; or
(2) create or maintain records relating to an
investigation, prosecution, or adjudication of an alleged
violation of law (including regulations not prohibited under
subsection (a)), including matters related to whether a
member of the Armed Forces constitutes a threat to the member
or others.
(d) Review.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the privately owned
weapons policy of the Department of Defense, including legal
and policy issues regarding the regulation of privately owned
firearms off of a military installation, as recommended by
the Department of Defense Independent Review Related to Fort
Hood; and
(2) submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report regarding the findings of and
recommendations relating to the review conducted under
paragraph (1), including any recommendations for adjustments
to the requirements under this section.
(e) Military Installation Defined.--In this section, the
term ``military installation'' has the meaning given that
term under section 2687(e)(1) of title 10, United States
Code.

SEC. 1063. DEVELOPMENT OF CRITERIA AND METHODOLOGY FOR
DETERMINING THE SAFETY AND SECURITY OF NUCLEAR
WEAPONS.

(a) In General.--The Secretary of Energy and the Secretary
of Defense shall, acting through the Nuclear Weapons Council,
develop the following:
(1) Criteria for determining the appropriate baseline for
safety and security of nuclear weapons through the life cycle
of such weapons.
(2) A methodology for determining the level of safety and
security that may be achieved through a life extension
program for each type of nuclear weapon.
(b) Report Required.--Not later than March 1, 2012, the
Secretary of Energy and the Secretary of Defense shall
jointly submit to the congressional defense committees a
report containing the criteria and the methodology developed
pursuant to subsection (a).

Subtitle H--Other Matters

SEC. 1071. NATIONAL DEFENSE PANEL.

Subsection (f) of section 118 of title 10, United States
Code, is amended to read as follows:
``(f) National Defense Panel.--
``(1) Establishment.--Not later than February 1 of a year
in which a quadrennial defense review is conducted under this
section, there shall be established an independent panel to
be known as the National Defense Panel (in this subsection
referred to as the `Panel'). The Panel shall have the duties
set forth in this subsection.
``(2) Membership.--The Panel shall be composed of ten
members from private civilian life who are recognized experts
in matters relating to the national security of the United
States. Eight of the members shall be appointed as follows:
``(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
``(B) Two by the chairman of the Committee on Armed
Services of the Senate.
``(C) Two by the ranking member of the Committee on Armed
Services of the House of Representatives.
``(D) Two by the ranking member of the Committee on Armed
Services of the Senate.
``(3) Co-chairs of the panel.--In addition to the members
appointed under paragraph (2), the Secretary of Defense shall
appoint two members from private civilian life to serve as
co-chairs of the panel.
``(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Panel. Any vacancy in the Panel
shall be filled in the same manner as the original
appointment.
``(5) Duties.--The Panel shall have the following duties
with respect to a quadrennial defense review:
``(A) While the review is being conducted, the Panel shall
review the updates from the Secretary of Defense required
under paragraph (8) on the conduct of the review.
``(B) The Panel shall--
``(i) review the Secretary of Defense's terms of reference
and any other materials providing the basis for, or
substantial inputs to, the work of the Department of Defense
on the quadrennial defense review;
``(ii) conduct an assessment of the assumptions, strategy,
findings, and risks of the report on the quadrennial defense
review required in subsection (d), with particular attention
paid to the risks described in that report;
``(iii) conduct an independent assessment of a variety of
possible force structures of the armed forces, including the
force structure identified in the report on the quadrennial
defense review required in subsection (d);
``(iv) review the resource requirements identified pursuant
to subsection (b)(3) and, to the extent practicable, make a
general comparison to the resource requirements to support
the forces contemplated under the force structures assessed
under this subparagraph; and
``(v) provide to Congress and the Secretary of Defense,
through the report under paragraph (7), any recommendations
it considers appropriate for their consideration.
``(6) First meeting.--If the Secretary of Defense has not
made the Secretary's appointments to the Panel under
paragraph (3) by February 1 of a year in which a quadrennial
defense review is conducted under this section, the Panel
shall convene for its first meeting with the remaining
members.
``(7) Report.--Not later than 3 months after the date on
which the report on a quadrennial defense review is submitted
under subsection (d) to the congressional committees named in
that subsection, the Panel established under paragraph (1)
shall submit to those committees an assessment of the
quadrennial defense review, including a description of the
items addressed under paragraph (5) with respect to that
quadrennial defense review.
``(8) Updates from secretary of defense.--The Secretary of
Defense shall ensure that periodically, but not less often
than every 60 days, or at the request of the co-chairs, the
Department of Defense briefs the Panel on the progress of the
conduct of a quadrennial defense review under subsection (a).
``(9) Administrative provisions.--
``(A) The Panel may request directly from the Department of
Defense and any of its components such information as the
Panel considers necessary to carry out its duties under this
subsection. The head of the department or agency concerned
shall cooperate with the Panel to ensure that information
requested by the Panel under this paragraph is promptly
provided to the maximum extent practical.
``(B) Upon the request of the co-chairs, the Secretary of
Defense shall make available to the Panel the services of any
federally funded research and development center that is
covered by a sponsoring agreement of the Department of
Defense.
``(C) The Panel shall have the authorities provided in
section 3161 of title 5 and shall be

[[Page H8697]]

subject to the conditions set forth in such section.
``(D) Funds for activities of the Panel shall be provided
from amounts available to the Department of Defense.
``(10) Termination.--The Panel for a quadrennial defense
review shall terminate 45 days after the date on which the
Panel submits its final report on the quadrennial defense
review under paragraph (7).''.

SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND
LOCAL HOMELAND SECURITY AND EMERGENCY
MANAGEMENT AGENCIES.

(a) State and Local Agencies To Which Sales May Be Made.--
Section 2576 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``State and local law enforcement and
firefighting agencies'' and inserting ``State and local law
enforcement, firefighting, homeland security, and emergency
management agencies''; and
(B) by striking ``in carrying out law enforcement and
firefighting activities'' and inserting ``in carrying out law
enforcement, firefighting, homeland security, and emergency
management activities''; and
(2) in subsection (b), by striking ``State or local law
enforcement or firefighting agency'' both places it appears
and inserting ``State or local law enforcement, firefighting,
homeland security, or emergency management agency''.
(b) Types of Equipment That May Be Sold.--Subsection (a) of
such section is further amended by striking ``and protective
body armor'' and inserting ``personal protective equipment,
and other appropriate equipment''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

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

(2) Table of sections.--The item relating to section 2576
in the table of sections at the beginning of chapter 153 of
such title is amended to read as follows:

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

SEC. 1073. DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVATION
PROGRAM.

(a) Program Established.--The Secretary of Defense shall
establish a competitive, merit-based program to accelerate
the fielding of technologies developed pursuant to phase II
Small Business Innovation Research Program projects,
technologies developed by the defense laboratories, and other
innovative technologies (including dual use technologies).
The purpose of this program is to stimulate innovative
technologies and reduce acquisition or lifecycle costs,
address technical risks, improve the timeliness and
thoroughness of test and evaluation outcomes, and rapidly
insert such products directly in support of primarily major
defense acquisition programs, but also other defense
acquisition programs that meet critical national security
needs.
(b) Guidelines.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall issue
guidelines for the operation of the program. At a minimum
such guidance shall provide for the following:
(1) The issuance of an annual broad agency announcement or
the use of any other competitive or merit-based processes by
the Department of Defense and by each military department for
candidate proposals in direct support of primarily major
defense acquisition programs, but also other defense
acquisition programs as described in subsection (a).
(2) The review of candidate proposals by the Department of
Defense and by each military department and the merit-based
selection of the most promising cost-effective proposals for
funding through contracts, cooperative agreements, and other
transactions for the purposes of carrying out the program.
(3) The total amount of funding provided to any project
under the program shall not exceed $3,000,000, unless the
Secretary, or the Secretary's designee, approves a larger
amount of funding for the project. Any such approval shall be
made on a case-by-case basis and notice of any such approval
shall be submitted to the congressional defense committees by
not later than 30 days after such approval is made.
(4) No project shall be funded under the program for more
than two years, unless the Secretary, or the Secretary's
designee, approves funding for any additional year. Any such
approval shall be made on a case-by-case basis and notice of
any such approval shall be submitted to the congressional
defense committees by not later than 30 days after such
approval is made.
(c) Treatment Pursuant to Certain Congressional Rules.--
Nothing in this section shall be interpreted to require or
enable any official of the Department of Defense to provide
funding under this section to any earmark as defined pursuant
to House Rule XXI, clause 9, or any congressionally directed
spending item as defined pursuant to Senate Rule XLIV,
paragraph 5.
(d) Funding.--Subject to the availability of appropriations
for such purpose, the amounts authorized to be appropriated
for research, development, test, and evaluation for each of
fiscal years 2011 through 2015 may be used for any such
fiscal year for the program established under subsection (a).
(e) Transfer Authority.--The Secretary may transfer funds
available for the program to the research, development, test,
and evaluation accounts of a military department, defense
agency, or the unified combatant command for special
operations forces pursuant to a proposal, or any part of a
proposal, that the Secretary determines would directly
support the purposes of the program. The transfer authority
provided in this subsection is in addition to any other
transfer authority available to the Department of Defense.
(f) Report.--Not later than 60 days after the last day of a
fiscal year during which the Secretary carries out a program
under this section, the Secretary shall submit to the
congressional defense committees a report that includes a
list and description of each project funded under this
section, including, for each such project, the amount of
funding provided for the project, the defense acquisition
program that the project supports, including the extent to
which the project meets needs identified in its acquisition
plan, the anticipated timeline for transition for the
project, and the degree to which a competitive, merit-based
process was used to evaluate and select the performers of the
projects selected under this program.
(g) Termination.--The authority to carry out a program
under this section shall terminate on September 30, 2015. Any
amounts made available for the program that remain available
for obligation on the date the program terminates may be
transferred under subsection (e) during the 180-day period
beginning on the date of the termination of the program.

SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES
AVAILABLE FOR DOMESTIC EMERGENCY ASSISTANCE.

(a) Domestic Authority.--Section 2557 of title 10, United
States Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``In addition, the Secretary may make
nonlethal excess supplies of the Department available to
support domestic emergency assistance activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``Excess''; and
(B) by adding at the end the following new paragraph:
``(2) Excess supplies made available under this section to
support domestic emergency assistance activities shall be
transferred to the Secretary of Homeland Security. The
Secretary of Defense may provide assistance in the
distribution of such supplies at the request of the Secretary
of Homeland Security.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

``Sec. 2557. Excess nonlethal supplies: availability for
humanitarian relief, domestic emergency assistance, and
homeless veterans assistance''.

(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 152 of
such title is amended to read as follows:

``2557. Excess nonlethal supplies: availability for humanitarian
relief, domestic emergency assistance, and homeless
veterans assistance.''.

SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Section 8344(l)(2)(B), as added by section 1122(a) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2505), is amended by striking
``5201 et seq.'' and inserting ``5211 et seq.''.
(2) Section 9902(a)(2), as added by section 1113(d) of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2499), is amended by striking
``chapters'' both places it appears and inserting
``chapter''.
(b) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A
and at the beginning of part II of such subtitle are amended
by striking ``1031'' in the item relating to chapter 53 and
inserting ``1030''.
(2) Section 127a is amended--
(A) in subsection (a)(1)(A), by striking ``Armed Forces''
and inserting ``armed forces''; and
(B) in subsection (b)(1) by striking ``Armed Forces'' both
places it appears and inserting ``armed forces''.
(3) Section 127d(d)(1) is amended by striking ``Committee
on International Relations'' and inserting ``Committee on
Foreign Affairs''.
(4) Section 132 is amended--
(A) by redesignating subsection (d), as added by section
2831(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2669), as subsection
(e); and
(B) in such subsection, by striking ``Guam Executive
Council'' and inserting ``Guam Oversight Council''.
(5) Section 139c(d)(4) is amended by adding at period at
the end.
(6) Section 139d(a)(6) is amended by striking ``propriety''
and inserting ``proprietary''.
(7) Section 172 is amended--

[[Page H8698]]

(A) by striking ``(a)'' before ``The Secretaries''; and
(B) by striking subsection (b).
(8) Section 181(b)(3) is amended by striking ``Performance
Evaluation'' and inserting ``Program Evaluation''.
(9) Section 186 is amended by redesignating the second
subsection (c) (relating to definitions) as subsection (d).
(10)(A) Section 382 is amended by striking ``section 175 or
2332c'' in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and
inserting ``section 175, 229, or 2332a''.
(B) The heading of such section is amended by striking
``CHEMICAL OR BIOLOGICAL''.
(C) The table of sections at the beginning of chapter 18 is
amended by striking the item relating to section 382 and
inserting the following new item:

``382. Emergency situations involving weapons of mass destruction.''.

(11) Section 428(f) is amended by striking ``, United
States Code,''.
(12) Section 525 is amended--
(A) in subsection (d), by striking ``section 601(b)(4)''
and inserting ``section 601(b)(5)''; and
(B) in subsection (g)(1)--
(i) by striking ``and is not'' and inserting ``and are
not''; and
(ii) by adding at period at the end.
(13) Section 841(c) is amended by striking ``trail
counsel'' and inserting ``trial counsel''.
(14) Section 843(b)(2)(B)(v) is amended by striking
``Kidnaping; indecent assault;'' and inserting ``Kidnaping,
indecent assault,''.
(15) Section 1030(e)(1) is amended by striking ``3 years,''
and inserting ``three years.''.
(16) Section 1146 is amended--
(A) in subsection (a), by striking ``(a) Benefits for
Members Involuntarily Separated.--'', as added by section
5(1) of Public Law 110-317 (122 Stat. 3528);
(B) by redesignating the second subsection (b) as
subsection (c); and
(C) in subsection (c), as so redesignated--
(i) by striking ``Benefits for'' in the subsection heading;
(ii) by striking ``Armed Forces'' in the matter preceding
paragraph (1) and inserting ``armed forces''; and
(iii) by striking ``the members entitlement'' in paragraph
(2) and inserting ``the member's entitlement''.
(17) Section 1174(i) is amended by striking ``Armed
Forces'' each place it appears and inserting ``armed
forces''.
(18) Section 1175a(j)(3) is amended by striking ``title
10'' and inserting ``this title''.
(19) Section 1203(b)(4)(B) is amended by striking
``determination,,'' and inserting ``determination,''.
(20) Section 1482a(c)(3) is amended by striking ``section
1482(a)(11)'' and inserting ``section 1482(e)(5)(A)''.
(21) Section 1566a(a)(1) is amended by inserting a close
parenthesis before the period at the end.
(22) Section 1599c(a)(2)(B) is amended by striking
``subchapter 1'' and inserting ``subchapter I''.
(23) Section 1781b(d) is amended by striking ``March 1,
2008, and each year thereafter'' and inserting ``March 1 each
year''.
(24) Section 1781c(h)(1) is amended by striking ``180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010, and annually
thereafter'' and inserting ``April 30 each year''.
(25) Section 1788(b) is amended by striking ``Armed
Forces'' and inserting ``armed forces''.
(26) Section 2004b(b)(1) is amended by striking ``pay grade
0-3'' and inserting ``pay grade O-3''.
(27) The table of sections at the beginning of chapter 104
is amended by transferring the item relating to section 2113a
to appear after the item relating to section 2113.
(28) Section 2130a(b)(1) is amended by striking ``Training
Program'' both places it appears and inserting ``Training
Corps program''.
(29) Section 2222(a) is amended by striking ``Effective
October 1, 2005, funds'' and inserting ``Funds''.
(30) The table of sections at the beginning of subchapter I
of chapter 134, as amended by section 1031(a)(2) of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2448), is amended by
transferring the item relating to section 2241a from the end
of the table of sections to appear after the item relating to
section 2241.
(31) Section 2323(a)(1)(D) is amended by inserting a close
parenthesis before the semicolon.
(32) Section 2362(e)(1) is amended by striking ``IV'' and
inserting ``V''.
(33) Section 2366a(c) is amended--
(A) by inserting a space between ``(c)'' and the subsection
heading; and
(B) in paragraph (4), by striking ``section 125a(a) of this
title'' and inserting ``section 118b(c)(3) of this title''.
(34) Section 2433(a)(1) is amended by striking ``section
2430a(c)'' and inserting ``section 2430a(d)''.
(35) Section 2433a(b)(2)(B) is amended by striking
``section 181(g)((1)'' and inserting ``section 181(g)(1)''.
(36) Section 2476(d)(2)(D) is amended by striking ``Navy
Depots'' and inserting ``Navy depots''.
(37) Section 2488(f) is amended by striking ``Armed
Forces'' both places it appears and inserting ``armed
forces''.
(38) Section 2533a(d) is amended in paragraphs (1) and (4)
by striking ``(b)(1)(A), (b)(2), or (b)(3)'' and inserting
``(b)(1)(A) or (b)(2)''.
(39) Section 2603 is amended by striking ``Armed Forces''
both places it appears and inserting ``armed forces''.
(40) Section 2642(a)(3) is amended by striking ``During the
five-year period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2010''
and inserting ``During the period beginning on October 28,
2009, and ending on October 28, 2014''.
(41) Section 2667(e) is amended--
(A) in paragraph (1)(A)(ii), by striking ``sections 2668
and 2669'' and inserting ``section 2668''; and
(B) in paragraph (5), by striking ``subsection (f)'' and
inserting ``subsection (g)''.
(42) Section 2671(a)(2) is amended by striking ``Armed
Forces'' and inserting ``armed forces''.
(43) Section 2684a(g)(1) is amended by striking ``March 1,
2007, and annually thereafter'' and inserting ``March 1 each
year''.
(44) Section 2687a(a) is amended by striking ``31for'' and
inserting ``31 for''.
(45) Section 2694c(d)(4) is amended by inserting
``Authorization'' after ``Military Construction''.
(46) Chapter 160 is amended--
(A) in section 2700(2), by inserting `` `pollutant or
contaminant','' after `` `person',''; and
(B) in section 2701(b)(1), by striking ``hazardous
substances, pollutants, and contaminants'' and inserting ``a
hazardous substance or pollutant or contaminant''.
(47) The table of subchapters at the beginning of chapter
173 is amended by inserting ``Sec.'' above ``2911''.
(48) Section 2922d is amended by striking ``1 or more''
each place it appears and inserting ``one or more''.
(49) Section 7042(a)(1)(A) is amended by striking the comma
after ``captain''.
(50) Section 9515 is amended--
(A) in subsection (b), by striking ``Section 1356 of the
National Defense Authorization Act for 2008'' and inserting
``section 1356 of the National Defense Authorization Act for
Fiscal Year 2008'';
(B) in subsection (f)(2), by striking ``paragraph (2)'' and
inserting ``paragraph (1)''; and
(C) in subsection (j)(1), by striking ``United States
Code,''.
(51) Section 10214 is amended by striking ``14508(e)'' and
inserting ``14508(h)''.
(52) Section 10216 is amended by striking ``section
115(c)'' in subsections (b)(1), (c)(1), and (c)(2)(A) and
inserting ``section 115(d)''.
(53) Section 10217(c)(1) is amended--
(A) by striking ``Effective October 1, 2007, the'' and
inserting ``The''; and
(B) by striking ``after the preceding sentence takes
effect''.
(54) Section 12203(a) is amended by striking ``above'' in
the first sentence and inserting ``of''.
(55) Section 16132a is amended--
(A) in subsection (b)(1), by striking ``agreement to
service'' and inserting ``agreement to serve''; and
(B) in subsection (i)(2), by striking ``whose''.
(56) Section 16163a(b)(2) is amended by striking ``section
(j)'' and inserting ``subsection (j)''.
(c) Title 37.--Title 37, United States Code, is amended as
follows:
(1) Section 303a(e)(3)(B) is amended by inserting ``of''
after ``result''.
(2) The table of sections at the beginning of chapter 5 is
amended by striking the item related to section 312 and
inserting the following new item:

``312. Special pay: nuclear-qualified officers extending period of
active service.''.

(3) The table of sections at the beginning of chapter 7 is
amended--
(A) by striking the item related to section 438 and
inserting the following new item:

``411k. Travel and transportation allowances: non-medical attendants
for members who are determined to be very seriously or
seriously wounded, ill, or injured.''; and

(B) by striking the item related to section 438 and
inserting the following new item:

``438. Preventive health services allowance.''.

(4) Section 411k(d)(1) is amended by striking ``allowances
section'' and inserting ``allowances under section''.
(d) National Defense Authorization Act for Fiscal Year
2010.--Effective as of October 28, 2009, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84) is amended as
follows:
(1) Section 325(d)(4) (123 Stat. 2254) is amended by
striking ``section 236'' and inserting ``section 235''.
(2) Section 502(c)(3) (123 Stat. 2274) is amended by
striking ``officers'' and inserting ``general officers and
flag officers''.
(3) Section 581(a)(1)(C) (123 Stat. 2326) is amended by
striking ``subsection (f)'' and inserting ``subsection (g),
as redesignated by section 582(b)(1)''.
(4) Section 584(a) (123 Stat. 2330) is amended by striking
``such Act'' and inserting ``the Uniformed and Overseas
Citizens Absentee Voting Act''.
(5) Section 585(b)(1) (123 Stat. 2331) is amended by
striking subparagraphs (A) and (B), and inserting the
following new subparagraphs:
``(A) in paragraph (2), by striking `section 102(4)' and
inserting `section 102(a)(4)'; and

[[Page H8699]]

``(B) by striking paragraph (4) and inserting the following
new paragraph:
`` `(4) prescribe a suggested design for absentee ballot
mailing envelopes;'; and''.
(6) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``section 107(a)'' and inserting ``section
107(1)''; and
(ii) by striking ``1973ff et seq.'' and inserting ``1973ff-
6(1)''; and
(B) in subsection (e)(1), by striking ``1977ff note'' and
inserting ``1973ff note''.
(7) The undesignated section immediately following section
603 (123 Stat. 2350) is designated as section 604.
(8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is
amended--
(A) by striking ``feasability'' both places it appears and
inserting ``feasibility''; and
(B) by striking ``specialities'' both places it appears and
inserting ``specialties''.
(9) Section 813(a)(3) (123 Stat. 2407) is amended by
inserting ``order'' after ``task'' in the matter to be
struck.
(10) Section 921(b)(2) (123 Stat. 2432) is amended by
inserting ``subchapter I of'' before ``chapter 21''.
(11) Section 1014(c) (123 Stat. 2442) is amended by
striking ``in which the support'' and inserting ``in which
support''.
(12) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note)
is amended by striking ``et 13 seq.'' and inserting ``et
seq.''.
(13) Section 1055(f) (123 Stat. 2462) is amended by
striking ``Combating'' and inserting ``Combatting''.
(14) Section 1063(d)(2) (123 Stat. 2470) is amended by
striking ``For purposes of this section, the'' and inserting
``The''.
(15) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note)
is amended--
(A) by striking ``title 14'' and inserting ``title XIV'';
(B) by striking ``title 10'' and inserting ``title X''; and
(C) by striking ``the Military Commissions Act of 2006 (10
U.S.C. 948 et seq.; Public Law 109-366)'' and inserting
``chapter 47A of title 10, United States Code''.
(16) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note
prec.) is amended by striking ``the Secretary'' in the first
sentence and inserting ``the Secretary of Defense''.
(17) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902
note) is amended by inserting ``United States Code,'' after
``title 5,'' the first place it appears.
(18) Section 1202(c) (123 Stat. 2512) is amended--
(A) by striking ``1208(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2086) is amended in the second sentence''
and inserting ``1208(f)(2) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2086), as amended by section 1202(a) of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 363), is further amended'';
and
(B) by redesignating paragraphs (1) through (8), as
proposed to be inserted, as subparagraphs (A) through (H),
respectively and indenting the left margin of such
subparagraphs, as so redesignated, 4 ems from the left
margin.
(19) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is
amended by inserting a space between the first short title
and ``or''.
(20) Section 1306(b) (123 Stat. 2560) is amended by
striking ``fiscal year'' and inserting ``Fiscal Year''.
(21) Subsection (b) of section 1803 (123 Stat. 2612) is
amended to read as follows:
``(b) Appellate Review Under Detainee Treatment Act of
2005.--
``(1) Department of defense, emergency supplemental
appropriations to address hurricanes in the gulf of mexico,
and pandemic influenza act, 2006.--Section 1005(e) of the
Detainee Treatment Act of 2005 (title X of Public Law 109-
148; 10 U.S.C. 801 note) is amended by striking paragraph
(3).
``(2) National defense authorization act for fiscal year
2006.--Section 1405(e) of the Detainee Treatment Act of 2005
(Public Law 109-163; 10 U.S.C. 801 note) is amended by
striking paragraph (3).''.
(22) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by
striking the comma after ``5941''.
(23) Section 2804(d)(2) (123 Stat. 2662) is amended by
inserting ``subchapter III of'' before ``chapter 169''.
(24) Section 2835(f)(1) (123 Stat. 2677) is amended by
striking ``publically-available'' and inserting ``publicly
available''.
(25) Section 3503(b)(1) (123 Stat. 2719) is amended by
striking the extra quotation marks.
(26) Section 3508(1) (123 Stat. 2721) is amended by
striking ``headline'' and inserting ``heading''.
(e) Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009.--The Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417)
is amended as follows:
(1) Section 143(b)(1) (122 Stat. 4381; 10 U.S.C. 2304 note)
is amended by striking ``identifies'' and inserting
``identify''.
(2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 2431 note) is
amended by striking ``section'' and inserting ``subsection''.
(3) Section 233(a)(3) (122 Stat. 4393) is amended by
striking ``122 Stat. 42'' and inserting ``122 Stat. 43''.
(4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 8062 note) is
amended by striking ``their'' and inserting ``its''.
(5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 2911 note) is
amended by striking ``section (d)'' and inserting
``subsection (d)''.
(6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 2302 note) is
amended by inserting a comma after ``Agent''.
(7) Section 596(b)(1)(D) (10 U.S.C. 1071 note), as amended
by section 594 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is
amended by striking ``or flag'' the second place it appears.
(8) Section 597(f) (122 Stat. 4481) is amended by striking
``meeting'' and inserting ``meanings''.
(9) Section 604(b) (122 Stat. 4483) is amended by inserting
``of'' after ``(a)(1)''.
(10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 353 note) is
amended by striking ``such subsections'' and inserting ``such
subsection''.
(11) Section 711(d)(2) (122 Stat. 4501) is amended by
striking ``1111((b)'' and inserting ``1111(b)(3)''.
(12) Effective as of October 14, 2008, and as if included
in Public Law 110-417 as enacted, section 727(b)(2) is
amended by striking ``compelling''.
(13) Section 822(c)(1)(A) (122 Stat. 4532) is amended by
striking ``this title'' and inserting ``title 10, United
States Code''.
(14) Section 863(b)(3)(A) (122 Stat. 4547) is amended by
striking ``subsection (d)(2)(A)'' and inserting ``subsection
(d)(3)(A)''.
(15) Section 869 (122 Stat. 4553) is amended--
(A) in subsection (b), by striking ``433(a)'' and inserting
``433a(a)''; and
(B) in subsection (c)(4)--
(i) by striking ``37(j)'' and inserting ``37(g)''; and
(ii) by striking ``433(j)'' and inserting ``433(g)''.
(16) Section 873(a)(4) (122 Stat. 4558; 10 U.S.C. 6101
note) is amended by striking ``to Government'' and inserting
``to the Government''.
(17) Section 1111 (10 U.S.C. 143 note), as amended by
section 1109 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2492), is
amended--
(A) in subsection (a)(1), by striking ``section 821'' and
inserting ``section 833''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``secretary of a military department'' and inserting
``Secretary of a military department'';
(ii) in paragraph (1)--

(I) by striking ``the the requirements'' and inserting
``the requirements''; and
(II) by striking ``this title'' and inserting ``such
title''; and

(iii) in paragraph (2), by striking ``any any of the
following'' and inserting ``any of the following''.
(18) Section 1602(5) (122 Stat. 4653; 22 U.S.C. 2368 note)
is amended by striking ``a Active'' and inserting ``an
Active''.
(19) Section 3113 (122 Stat. 4754; 50 U.S.C. 2444) is
amended--
(A) in subsection (b)(2), by inserting a close parenthesis
before the semicolon; and
(B) in subsection (d)(2), by striking ``fails repay'' and
inserting ``fails to repay''.
(20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is
amended by inserting a period at the end of subsection (f).
(f) National Defense Authorization Act for Fiscal Year
2008.--The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended as follows:
(1) Section 624 (122 Stat. 153; 37 U.S.C. 307a note) is
amended--
(A) in subsection (a), by striking ``Operating'' and
inserting ``Operation''; and
(B) in subsection (b), by striking ``Operating'' and
inserting ``Operation''.
(2) Effective as of January 28, 2008, and as if included in
Public Law 110-181 as enacted, section 804 (122 Stat. 208) is
amended--
(A) in subsection (a)(3), by striking ``speciality'' and
inserting ``specialty''; and
(B) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (d)(1)''.
(3) Section 808 (122 Stat. 215; 10 U.S.C. 2330 note) is
amended by redesignating the second subsection (c) as
subsection (d).
(4) Section 827(a)(2) (122 Stat. 228; 10 U.S.C. 2410n note)
is amended by striking ``subsection (a)'' and inserting
``paragraph (1)''.
(5) Section 843 (122 Stat. 236) is amended--
(A) in subsection (a)(2)(C), by striking ``paragraph (1)''
and inserting ``subparagraph (A)''; and
(B) in subsection (b)(2)(C), by striking ``paragraph (1)''
and inserting ``subparagraph (A)''.
(6) Section 890 (122 Stat. 269; 10 U.S.C. 2302 note) is
amended--
(A) in subsection (a), by inserting ``Act'' before ``of
1979'';
(B) in subsection (b), by inserting ``Act'' before ``of
1979''; and
(C) in subsection (d)(1), by striking ``sections'' and
inserting ``parts''.
(7) Section 1063(a)(16) (122 Stat. 322) is amended by
striking ``(1)''.
(8) Effective as of January 28, 2008, and as if included in
Public Law 110-181 as enacted, section 1075(a) (122 Stat.
333) is amended by striking ``June'' and inserting
``September''.
(9) Section 1243(c) (122 Stat. 396) is amended by striking
``4))'' and inserting ``4)))''.
(10) Section 1244(a)(3) (122 Stat. 396) is amended by
striking ``4))'' and inserting ``4)))''.
(g) John Warner National Defense Authorization Act for
Fiscal Year 2007.--Effective as of October 17, 2006, and as
if included therein as enacted, the John Warner

[[Page H8700]]

National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364) is amended as follows:
(1) Section 321(a)(1) (120 Stat. 2144; 10 U.S.C. 2222 note)
is amended by striking ``Public Law 190-163'' and inserting
``Public Law 109-163''.
(2) Section 348(2) (120 Stat. 2159) is amended in the
matter to be struck from and inserted in section 366(d) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2523) by striking
``within'' both places it appears and inserting ``Within''.
(3) Section 355(b)(1) (120 Stat. 2162) is amended in the
matter to be struck from section 344 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
10 U.S.C. note prec. 1030) by striking ``Operation Iraqi
Freedom and Operation Enduring Freedom'' and inserting
``Operation Enduring Freedom and Operation Iraqi Freedom''.
(4) Section 511(b)(3) (120 Stat. 2183) is amended in the
matter preceding subparagraph (A) by striking ``section'' and
inserting ``title''.
(5) Section 705(b)(2) (120 Stat. 2281; 10 U.S.C. 1074g
note) is amended by striking ``section 1074g(a)(2)(E)'' and
inserting ``section 1074g(a)(2)''.
(6) Section 2821(b)(1) (120 Stat. 2474) is amended by
inserting ``by striking'' after ``subsection (a)(1),''.
(h) National Defense Authorization Act for Fiscal Year
2006.--Effective as of January 6, 2006, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is amended as
follows:
(1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 10101 note)
is amended by striking ``10 USC 10101 note.''.
(2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 2101 note) is
amended by inserting ``of'' after ``Committee on Armed
Services'' the first place it appears.
(3) Section 1056(e)(2) (119 Stat. 3440) is amended by
striking ``Section'' and inserting ``Effective as of December
2, 2002, and as if included in Public Law 107-314 as enacted,
section''.
(4) Section 1057 (119 Stat. 3440) is amended--
(A) in subsection (a)--
(i) in paragraph (5), by striking ``4778,''; and
(ii) in paragraph (6), by striking ``4747'' and inserting
``2651'';
(B) in subsection (b)(3)--
(i) by striking ``109,''; and
(ii) by adding at the end the following new sentence:
``Section 109 is amended by striking `State or Territory,
Puerto Rico, the Virgin Islands, or the District of Columbia'
each place it appears and inserting `State, the Commonwealth
of Puerto Rico, the District of Columbia, Guam, or the Virgin
Islands' ''; and
(C) in subsection (b)(5)--
(i) in the language to be struck from section 324 of title
32, United States Code, by striking the comma after ``Rico'';
and
(ii) in the language to be inserted in section 324 of title
32, United States Code, by inserting ``of'' after ``Virgin
Islands,''.
(5) Section 1104 (119 Stat. 3448) is amended--
(A) in subsection (a)(3)(A), by inserting ``the first place
it appears'' before ``and inserting''; and
(B) in subsection (c), by striking ``subsection (c)(1)''
and inserting ``subsection (b)(2)''.
(6) Section 2806(c)(2)(A) (119 Stat. 3507) is amended in
the matter to be struck from and inserted in section
2884(b)(1) of title 10, United States Code, by striking ``a''
both places it appears and inserting ``A''.
(i) Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005.--The Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375)
is amended as follows:
(1) Section 577(b)(12) (10 U.S.C. 113 note), as amended by
section 563(e) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122. Stat. 4471) is amended by striking ``The Secretary shall
implement'' and inserting ``Implementation of''.
(2) Section 1085 (118 Stat. 2065; 10 U.S.C. 113 note), as
amended by section 360(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122. Stat. 78) is amended by striking ``subsection (a)'' and
inserting ``section 360(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122. Stat. 77)''.
(j) Bob Stump National Defense Authorization Act for Fiscal
Year 2003.--Section 1032(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
10 U.S.C. 2358 note) is amended by striking ``thereafter,,''
and inserting ``thereafter,''.
(k) Weapon Systems Acquisition Reform Act of 2009.--
Effective as of May 22, 2009, and as if included therein as
enacted, section 205 of the Weapon Systems Acquisition Reform
Act of 2009 (Public Law 111-23; 123 Stat. 1724) is amended--
(1) in subsection (a)(1)(B), by striking ``paragraphs (1)
and (2)'' in the matter to be inserted and inserting
``paragraphs (1), (2), and (3)''; and
(2) in subsection (c), by striking ``2433a(c)(3)'' and
inserting ``2433a(c)(1)(C)''.
(l) Technical Correction Regarding SBIR Extension.--Section
9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)), as
added by section 847(a) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2420),
is amended by striking ``is authorized'' and inserting ``are
authorized''.
(m) Technical Correction Regarding Small Shipyards and
Maritime Communities Assistance Program.--Section 3506 of the
National Defense Authorization Act for Fiscal Year 2006, as
reinstated by the amendment made by section 1073(c)(14) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2475), is repealed.
(n) Technical Correction Regarding DOT Maritime Heritage
Property.--Section 6(a)(1)(C) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5405(a)(1)(C)), as amended by
section 3509 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2721), is
amended by striking ``the date of enactment of the Maritime
Administration Authorization Act of 2010'' and inserting
``October 28, 2009''.
(o) Technical Correction of Citation.--Section 42 of the
Office of Federal Procurement Policy Act (41 U.S.C. 438) is
amended--
(1) in subsection (c)(1) by striking ``(41 U.S.C. 607(b))''
and inserting ``(41 U.S.C. 607(d))''; and
(2) in subsection (c)(2)(A) by inserting ``of 1978'' after
``Contract Disputes Act''.

SEC. 1076. STUDY ON OPTIMAL BALANCE OF MANNED AND REMOTELY
PILOTED AIRCRAFT.

(a) Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
commission a study by an independent, non-profit organization
on the optimal balance between manned and remotely piloted
aircraft of the Armed Forces.
(2) Selection.--The independent, non-profit organization
selected for the study under paragraph (1) shall be qualified
on the basis of having performed work in the fields of
national security and combat systems.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) With respect to each military department, an assessment
of the feasibility and desirability of a more rapid
transition from manned to remotely piloted aircraft for a
range of operations, including combat operations.
(2) An evaluation of the current ability of each military
department to resist attacks mounted by foreign militaries
with significant investments in research and development and
deployment of remotely piloted aircraft, including an
assessment of each military department's ability to defend
against--
(A) a large enemy force of remotely piloted aircraft; and
(B) any other relevant scenario involving remotely piloted
aircraft that the Secretary determines appropriate.
(3) An analysis of--
(A) current and future capabilities of foreign militaries
in developing and deploying remotely piloted aircraft; and
(B) identified vulnerabilities of United States weapons
systems to foreign remotely piloted aircraft.
(4) Conclusions on the matters described in paragraphs (1)
through (3) and what the independent, non-profit organization
conducting the study determines is the optimal balance of
investment in development and deployment of manned versus
remotely piloted aircraft.
(c) Report.--Not later than December 1, 2011, the Secretary
of Defense shall submit to the congressional defense
committees, the Committee on Oversight and Government Reform
of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that includes the study under subsection (a).
(d) Form.--
(1) Study.--The study under subsection (a) shall include a
classified annex with respect to the matters described in
subsection (b)(3).
(2) Report.--The report under subsection (c) may include a
classified annex.
(e) Remotely Piloted Aircraft Defined.--In this section,
the term ``remotely piloted aircraft'' means any unmanned
aircraft operated remotely, whether within or beyond line-of-
sight, including unmanned aerial systems, unmanned aerial
vehicles, remotely piloted vehicles, and remotely piloted
aircraft.

SEC. 1077. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO
OPERATION IRAQI FREEDOM.

Any law applicable to Operation Iraqi Freedom shall apply
in the same manner and to the same extent to the successor
contingency operation known as Operation New Dawn, except as
specifically provided in this Act, any amendment made by this
Act, or any other law enacted after the date of the enactment
of this Act.

SEC. 1078. PROGRAM TO ASSESS THE UTILITY OF NON-LETHAL
WEAPONS.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should support the research,
development, test, and evaluation, procurement, and fielding
of effective non-lethal weapons and technologies explicitly
designed to, with respect to counterinsurgency operations,
reduce military casualties and fatalities, improve military
mission accomplishment and operational effectiveness, reduce
civilian casualties and fatalities, and minimize undesired
damage to property and the environment.
(b) Program Required.--
(1) Demonstration and assessment.--The Secretary of
Defense, acting through the Executive Agent for Non-lethal
Weapons and in

[[Page H8701]]

coordination with the Secretaries of the military departments
and the combatant commanders, shall carry out a program to
demonstrate and assess the utility and effectiveness of non-
lethal weapons to provide escalation of force options in
counter-insurgency operations.
(2) Non-lethal weapons evaluated.--In evaluating non-lethal
weapons under the program under this subsection, the
Secretary shall include non-lethal weapons designed for
counter-personnel and counter-materiel missions.
(c) Report.--
(1) Report required.--Not later than October 1, 2011, the
Secretary of Defense shall submit to the congressional
defense committees a report on the role and utility of non-
lethal weapons and technologies in counterinsurgency
operations.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the results of any demonstrations and
assessments of non-lethal weapons conducted during fiscal
year 2011.
(B) A description of the Secretary's plans for any
demonstrations and assessments of non-lethal weapons to be
conducted during fiscal years 2012 and 2013.
(C) A description of the extent to which non-lethal weapons
doctrine, training, and employment include the use of
strategic communications strategies to enable the effective
employment of non-lethal weapons.
(D) A description of the input of the military departments
in developing concepts of operations and tactics, techniques,
and procedures for incorporating non-lethal weapons into the
current escalation of force procedures of each department.
(E) A description of the extent to which non-lethal weapons
and technologies are integrated into the standard equipment
and training of military units.

SEC. 1079. SENSE OF CONGRESS ON STRATEGIC NUCLEAR FORCE
REDUCTIONS.

It is the sense of Congress that no action should be taken
to implement the reduction of the strategic nuclear forces of
the United States below the levels described in the Treaty
between the United States of America and the Russian
Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms signed on April 8,
2010 (commonly known as the ``New START Treaty''), unless the
President submits to the congressional defense committees a
report on such reduction, including--
(1) the justification for such reduction;
(2) an assessment of the strategic environment, threat, and
policy and the technical and operational implications of such
reduction; and
(3) written certification by the President that--
(A) either--
(i) the strategic environment or the assessment of the
threat allows for such reduction; or
(ii) technical measures to provide a commensurate or better
level of safety, security, and reliability as before such
reduction have been implemented for the remaining strategic
nuclear forces of the United States;
(B) the remaining strategic nuclear forces of the United
States provide a sufficient means of protection against
unforeseen technical challenges and geopolitical events;
(C) such reduction is compensated by other measures (such
as nuclear modernization, conventional forces, and missile
defense) that together provide a commensurate or better
deterrence capability and level of credibility as before such
reduction; and
(D) measures to modernize the nuclear weapons complex are
being implemented (or have been implemented) to provide a
sufficiently responsive infrastructure to support the
remaining strategic nuclear forces of the United States.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. CLARIFICATION OF AUTHORITIES AT PERSONNEL
DEMONSTRATION LABORATORIES.

(a) Clarification of Applicability of Direct Hire
Authority.--Section 1108 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended--
(1) in subsection (b), by striking ``identified'' and all
that follows and inserting ``designated by section 1105(a) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a
Department of Defense science and technology reinvention
laboratory.''; and
(2) in subsection (c), by striking ``2 percent'' and
inserting ``5 percent''.
(b) Clarification of Applicability of Full Implementation
Requirement.--Section 1107 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat 357; 10 U.S.C. 2358 note) is amended--
(1) in subsection (a), by striking ``that are exempted by''
and all that follows and inserting ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note) as Department of Defense science and technology
reinvention laboratories.''; and
(2) in subsection (c), by striking ``as enumerated in'' and
all that follows and inserting ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat 2486) as a Department
of Defense science and technology reinvention laboratory.''.
(c) Correction to Section Reference.--Section 1121 of the
National Defense Authorization Act for Fiscal Year 2010 (123
Stat. 2505) is amended--
(1) in subsection (a), by striking ``Section 9902(h) of
title 5, United States Code'' and inserting ``Section 9902(g)
of title 5, United States Code, as redesignated by section
1113(b)(1)(B)''; and
(2) in subsection (b), by striking ``section 9902(h) of
such title 5'' and inserting ``such section''.
(d) Effective Date.--(1) Except as provided in paragraph
(2), the amendments made by this section shall take effect as
of October 28, 2009.
(2) The amendment made by subsection (a)(2) shall take
effect as of the date of enactment of this Act.

SEC. 1102. REQUIREMENTS FOR DEPARTMENT OF DEFENSE SENIOR
MENTORS.

(a) In General.--The Secretary of Defense shall issue
appropriate policies and procedures to ensure that all senior
mentors employed by the Department of Defense are--
(1) hired as highly qualified experts under section 9903 of
title 5, United States Code; and
(2) required to comply with all applicable Federal laws and
regulations on personnel and ethics matters.
(b) Senior Mentor Defined.--In this section, the term
``senior mentor'' means a retired flag, general, or other
military officer or retired senior civilian official who
provides expert experience-based mentoring, teaching,
training, advice, and recommendations to senior military
officers, staffs, and students as they participate in war
games, warfighting courses, operational planning, operational
exercises, and decision-making exercises.

SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.

Effective January 1, 2011, section 1101(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4615), as amended by
section 1106(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2487), is
further amended by striking ``calendar years 2009 and 2010''
and inserting ``calendar years 2009 through 2011''.

SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED DEPARTMENT
OF DEFENSE APPOINTMENT AND COMPENSATION
AUTHORITY FOR PERSONNEL FOR CARE AND TREATMENT
OF WOUNDED AND INJURED MEMBERS OF THE ARMED
FORCES.

(a) Designation of Occupations Covered by Recruitment and
Appointment Authority.--Subsection (a)(2) of section 1599c of
title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``shortage category
positions'' and inserting ``a shortage category occupation or
critical need occupation''; and
(B) in clause (ii), by striking ``highly qualified persons
directly'' and inserting ``qualified persons directly in the
competitive service''; and
(2) by adding at the end the following new subparagraph:
``(C) Any designation by the Secretary for purposes of
subparagraph (A)(i) shall be based on an analysis of current
and future Department of Defense workforce requirements.''.
(b) Extension.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``under subsection (a)(1)'' after
``Secretary of Defense''; and
(B) by striking ``September 30, 2012'' and inserting
``December 31, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2012''
and inserting ``December 31, 2015''.

SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY
EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE IN
SUPPORT OF THE NUCLEAR AIRCRAFT CARRIER FORWARD
DEPLOYED IN JAPAN.

(a) Overtime Pay at Time-and-a-half Rate.--Section 5542(a)
of title 5, United States Code, is amended by adding at the
end the following new paragraph:
``(6)(A) Notwithstanding paragraphs (1) and (2), for an
employee of the Department of the Navy who is assigned to
temporary duty to

[[Page H8702]]

perform work aboard, or dockside in direct support of, the
nuclear aircraft carrier that is forward deployed in Japan
and who would be nonexempt under the Fair Labor Standards Act
but for the application of the foreign area exemption in
section 13(f) of that Act (29 U.S.C. 213(f)), the overtime
hourly rate of pay is an amount equal to one and one-half
times the hourly rate of basic pay of the employee, and all
that amount is premium pay.
``(B) Subparagraph (A) shall expire on September 30,
2014.''.
(b) Reports.--
(1) Secretary of navy report.--Not later than September 30,
2013, the Secretary of the Navy shall submit to the Secretary
of Defense and the Director of the Office of Personnel
Management a report that--
(A) describes the use of the authority under paragraph (6)
of section 5542(a) of title 5, United States Code, as added
by subsection (a), including associated costs, and including
an evaluation of the extent to which exercise of the
authority helped the Navy in meeting its mission; and
(B) provides a recommendation on whether an extension of
the provisions of that paragraph is needed.
(2) Report to congress.--Not later than March 31, 2014, the
Director of the Office of Personnel Management shall submit
to the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Armed Services and the Committee on
Oversight and Governmental Reform of the House of
Representatives a report that--
(A) addresses the use of paragraph (6) of section 5542(a)
of title 5, United States Code, as so added, including
associated costs, and including an evaluation of the extent
to which exercise of the authority helped the Navy in meeting
its mission;
(B) describes the extent to which other employees
experience the same circumstances as were experienced by
those described in that paragraph before its enactment;
(C) provides an analysis of the advantages and
disadvantages that would be anticipated from extending the
expiration date of the authority under that paragraph, and
from expanding the authority under that paragraph to include
other employees; and
(D) conveys the report of the Secretary of the Navy
referred to in paragraph (1).

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

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

Subtitle C--Reports and Other Matters

Subtitle A--Assistance and Training

SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.

Section 1208(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2086), as most recently amended by section 1202(a)
of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2511), is further amended
by striking ``$40,000,000'' and inserting ``$45,000,000''.

SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED
LOGISTICS INTEROPERABILITY AUTHORITY.

(a) Enhanced Interoperability Authority.--Subsection (a) of
section 127d of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to'';
(2) by inserting ``of the United States'' after ``armed
forces'';
(3) by striking the second sentence; and
(4) by adding at the end the following new paragraphs:
``(2) In addition to any logistic support, supplies, and
services provided under paragraph (1), the Secretary may
provide logistic support, supplies, and services to allied
forces solely for the purpose of enhancing the
interoperability of the logistical support systems of
military forces participating in combined operations with the
United States in order to facilitate such operations. Such
logistic support, supplies, and services may also be provided
under this paragraph to a nonmilitary logistics, security, or
similar agency of an allied government if such provision
would directly benefit the armed forces of the United States.
``(3) Provision of support, supplies, and services pursuant
to paragraph (1) or (2) may be made only with the concurrence
of the Secretary of State.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (b), by striking ``subsection (a)'' in
paragraphs (1) and (2) and inserting ``subsection (a)(1)'';
and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in paragraph (2),
the'' and inserting ``The''; and
(ii) by striking ``this section'' and inserting
``subsection (a)(1)''; and
(B) in paragraph (2), by striking ``In addition'' and all
that follows through ``fiscal year,'' and inserting ``The
value of the logistic support, supplies, and services
provided under subsection (a)(2) in any fiscal year may
not''.

SEC. 1203. EXPANSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO
LEND CERTAIN MILITARY EQUIPMENT TO CERTAIN
FOREIGN FORCES FOR PERSONNEL PROTECTION AND
SURVIVABILITY.

(a) Expansion for Training for Deployment.--Paragraph (3)
of section 1202(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2412), as most recently amended by section 1252(a)
of the National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-181; 122 Stat. 402), is further
amended--
(1) by striking ``only in Iraq or Afghanistan, or in a
peacekeeping operation described in paragraph (1), as
applicable, and''; and
(2) by striking ``those forces.'' and inserting ``those
forces and only--
``(A) in Iraq or Afghanistan;
``(B) in a peacekeeping operation described in paragraph
(1); or
``(C) in connection with the training of those forces to be
deployed to Iraq, Afghanistan, or a peacekeeping operation
described in paragraph (1) for such deployment.''.
(b) Notice and Wait on Exercise of Additional Authority.--
Such section is further amended by adding at the end the
following new paragraph:
``(5) Notice and wait on provision of equipment for certain
purposes.--Equipment may not be provided under paragraph

[[Page H8703]]

(1) in connection with training as specified in paragraph
(3)(C) until 15 days after the date on which the Secretary of
Defense submits to the specified congressional committees
written notice on the provision of such equipment for such
purpose.''.

SEC. 1204. AUTHORITY TO PAY PERSONNEL EXPENSES IN CONNECTION
WITH AFRICAN COOPERATION.

(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1050 the
following new section:

``Sec. 1050a. African cooperation: payment of personnel
expenses

``The Secretary of Defense or the Secretary of a military
department may pay the travel, subsistence, and special
compensation of officers and students of African countries
and other expenses that the Secretary considers necessary for
African cooperation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 1050 the following new
item:

``1050a. African cooperation: payment of personnel expenses.''.

SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY
OF INTERIOR COUNTER TERRORISM FORCES.

(a) Authority.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide assistance
during fiscal year 2011 to enhance the ability of the Yemen
Ministry of Interior Counter Terrorism Forces to conduct
counterterrorism operations against al Qaeda in the Arabian
Peninsula and its affiliates.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, and
training.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority in Yemen.
(3) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in this subsection
that is otherwise prohibited by any provision of law.
(c) Funding.--Of the amount authorized to be appropriated
by section 301 for operation and maintenance for fiscal year
2011, $75,000,000 may be utilized to provide assistance under
subsection (a).
(d) Notice to Congress.--
(1) In general.--Not less than 15 days before providing
assistance under subsection (a), the Secretary of Defense
shall submit to the committees of Congress specified in
paragraph (2) a notice setting forth the assistance to be
provided, including the types of such assistance, the budget
for such assistance, and the completion date for the
provision of such assistance.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.

SEC. 1206. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE
NATIONS TO PARTICIPATE IN THE EURO-NATO JOINT
JET PILOT TRAINING PROGRAM.

(a) Establishment of Scholarship Program.--The Secretary of
the Air Force may establish and maintain a demonstration
scholarship program to allow personnel of the air forces of
countries that are signatories of the Partnership for Peace
Framework Document to receive undergraduate pilot training
and necessary related training through the Euro-NATO Joint
Jet Pilot Training (ENJJPT) program. The Secretary of the Air
Force shall establish the program pursuant to regulations
prescribed by the Secretary of Defense in consultation with
the Secretary of State.
(b) Transportation, Supplies, and Allowance.--Under such
conditions as the Secretary of the Air Force may prescribe,
the Secretary may provide to a person receiving a scholarship
under the scholarship program--
(1) transportation incident to the training received under
the ENJJPT program;
(2) supplies and equipment to be used during the training;
(3) flight clothing and other special clothing required for
the training;
(4) billeting, food, and health services; and
(5) a living allowance at a rate to be prescribed by the
Secretary, taking into account the amount of living
allowances authorized for a member of the Armed Forces of the
United States under similar circumstances.
(c) Relation to Euro-NATO Joint Jet Pilot Training
Program.--
(1) Enjjpt steering committee authority.--Nothing in this
section shall be construed or interpreted to supersede the
authority of the ENJJPT Steering Committee under the ENJJPT
Memorandum of Understanding. Pursuant to the ENJJPT
Memorandum of Understanding, the ENJJPT Steering Committee
may resolve to forbid any airman or airmen from a Partnership
for Peace nation to participate in the Euro-NATO Joint Jet
Pilot Training program under the authority of a scholarship
under this section.
(2) No representation.--Countries whose air force personnel
receive scholarships under the scholarship program shall not
have privilege of ENJJPT Steering Committee representation.
(d) Limitation on Eligible Countries.--The Secretary of the
Air Force may not use the authority in subsection (a) to
provide assistance described in subsection (b) to any foreign
country that is otherwise prohibited from receiving such type
of assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or any other provision of law.
(e) Cost-sharing.--For purposes of ENJJPT cost-sharing,
personnel of an air force of a foreign country who receive a
scholarship under the scholarship program may be counted as
United States pilots.
(f) Progress Report.--Not later than February 1, 2012, the
Secretary of the Air Force shall submit to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a report on the status of the
demonstration program, including the opinion of the Secretary
and NATO allies on the benefits of the program and whether or
not to permanently authorize the program or extend the
program beyond fiscal year 2012. The report shall specify the
following:
(1) The countries participating in the scholarship program.
(2) The total number of foreign pilots who received
scholarships under the scholarship program.
(3) The amount expended on scholarships under the
scholarship program.
(4) The source of funding for scholarships under the
scholarship program.
(g) Duration.--No scholarship may be awarded under the
scholarship program after September 30, 2012.
(h) Funding Source.--Amounts to award scholarships under
the scholarship program shall be derived from amounts
authorized to be appropriated for operation and maintenance
for the Air Force.

SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING
TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.

(a) Temporary Limitation on Amount for Building Capacity to
Participate in or Support Military and Stability
Operations.--
(1) In general.--Subsection (c)(5) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456), as added by section
1206(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2514), is further
amended--
(A) by striking ``and not more than'' and inserting ``not
more than''; and
(B) by inserting after ``fiscal year 2011'' the following:
``, and not more than $100,000,000 may be used during fiscal
year 2012''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and shall apply with respect to programs under subsection (a)
of such section that begin on or after that date.
(b) One-year Extension of Authority.--Subsection (g) of
such section, as most recently amended by section 1206(c) of
the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is
further amended by--
(1) by striking ``September 30, 2011'' and inserting
``September 30, 2012''; and
(2) by striking ``fiscal years 2006 through 2011'' and
inserting ``fiscal years 2006 through 2012''.

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

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a
purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.

SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS'
EMERGENCY RESPONSE PROGRAM.

(a) One-year Extension of CERP Authority.--Subsection (a)
of section 1202 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as
most recently amended by section 1222 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123. Stat. 2518), is further amended--
(1) in the subsection heading, by striking ``Fiscal Year
2010'' and inserting ``Fiscal Year 2011'';
(2) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011''; and
(3) by striking ``operation and maintenance'' and all that
follows and inserting ``operation and maintenance--
``(1) not to exceed $100,000,000 may be used by the
Secretary of Defense in such fiscal year to provide funds for
the Commanders' Emergency Response Program in Iraq; and
``(2) not to exceed $400,000,000 may be used by the
Secretary of Defense in such fiscal year to provide funds for
the Commanders' Emergency Response Program in Afghanistan.''.
(b) Quarterly Reports.--Subsection (a) of such section, as
so amended, is further amended--

[[Page H8704]]

(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Form of reports.--Each report required under
paragraph (1) shall be submitted, at a minimum, in a
searchable electronic format that enables the congressional
defense committees to sort the report by amount expended,
location of each project, type of project, or any other field
of data that is included in the report.''.
(c) Restriction on Amount of Payments; Notification.--Such
section, as so amended, is further amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Restriction on Amount of Payments.--Funds made
available under this section for the Commanders' Emergency
Response Program may not be obligated or expended to carry
out any project if the total amount of funds made available
for the purpose of carrying out the project, including any
ancillary or related elements of the project, exceeds
$20,000,000.
``(h) Notification.--Not less than 15 days before
obligating or expending funds made available under this
section for the Commanders' Emergency Response Program for a
project in Afghanistan with a total anticipated cost of
$5,000,000 or more, the Secretary of Defense shall submit to
the congressional defense committees a written notice
containing the following information:
``(1) The location, nature, and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for Afghanistan.
``(2) The budget and implementation timeline for the
proposed project, including any other funding under the
Commanders' Emergency Response Program that has been or is
anticipated to be contributed to the completion of the
project.
``(3) A plan for the sustainment of the proposed project,
including any agreement with either the Government of
Afghanistan, a department or agency of the United States
Government other than the Department of Defense, or a third
party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to
be provided through the proposed project''.
(d) Definition.--Subsection (i) of such section, as
redesignated by subsection (c)(1) of this section, is amended
by striking ``means the program'' and all that follows and
inserting ``means the program that--
``(1) authorizes United States military commanders to carry
out small-scale projects designed to meet urgent humanitarian
relief requirements or urgent reconstruction requirements
within their areas of responsibility; and
``(2) provides an immediate and direct benefit to the
people of Iraq or Afghanistan.''.

SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED
TO UNITED STATES MILITARY OPERATIONS.

(a) Extension of Authority.--Subsection (a) of section 1233
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 393), as amended by
section 1223 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2519), is
further amended by striking ``section 1509(5) of the National
Defense Authorization Act for Fiscal Year 2010'' and
inserting ``section 1510 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011''.
(b) Limitation on Amount.--Subsection (d)(1) of such
section, as so amended, is further amended in the second
sentence by inserting ``or 2011'' after ``fiscal year 2010''.
(c) Exception From Notice to Congress Requirements.--
Subsection (e) of such section, as so amended, is further
amended--
(1) by striking ``(e) Notice to Congress.--The Secretary of
Defense'' and inserting the following:
``(e) Notice to Congress.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The requirement to provide notice under
paragraph (1) shall not apply with respect to a reimbursement
for access based on an international agreement.''.
(d) Extension of Notice Requirement Relating to
Reimbursement of Pakistan for Support Provided by Pakistan.--
Section 1232(b)(6) of the National Defense Authorization Act
for Fiscal Year 2008 (122 Stat. 393), as most recently
amended by section 1223 of the National Defense Authorization
Act for Fiscal Year 2010, is further amended by striking
``September 30, 2011'' and inserting ``September 30, 2012''.

SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE
ARTICLES AND PROVIDE DEFENSE SERVICES TO THE
MILITARY AND SECURITY FORCES OF IRAQ AND
AFGHANISTAN.

(a) Extension of Authority.--Subsection (h) of section 1234
of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2532) is amended by
striking ``September 30, 2010'' and inserting ``December 31,
2011''.
(b) Quarterly Reports.--Subsection (f)(1) of such section
is amended by striking ``during fiscal year 2010'' and
inserting ``through March 31, 2012''.

SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

None of the funds authorized to be appropriated by this Act
may be obligated or expended by the United States Government
to establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.

SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRATION
ACTIVITIES IN AFGHANISTAN.

(a) Authority.--The Secretary of Defense, with the
concurrence of the Secretary of State, may utilize not more
than $50,000,000 from funds made available to the Department
of Defense for operation and maintenance for fiscal year 2011
to support the reintegration into Afghan society of those
individuals who pledge--
(1) to cease all support for the insurgency in Afghanistan;
(2) to live in accordance with the Constitution of
Afghanistan;
(3) to cease violence against the Government of Afghanistan
and its international partners; and
(4) that they do not have material ties to al Qaeda or
affiliated transnational terrorist organizations.
(b) Submission of Guidance.--
(1) Initial submission.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a copy
of the guidance issued by the Secretary or the Secretary's
designee concerning the allocation of funds utilizing the
authority of subsection (a). Such guidance shall include--
(A) mechanisms for coordination with the Government of
Afghanistan and other United States Government departments
and agencies as appropriate; and
(B) mechanisms to track rates of recidivism among
individuals described in subsection (a).
(2) Modifications.--If the guidance in effect for the
purpose stated in paragraph (1) is modified, the Secretary of
Defense shall submit to the congressional defense committees
a copy of the modification not later than 15 days after the
date on which such modification is made.
(c) Reports.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on activities carried out
utilizing the authority of subsection (a).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representative and the Committee on Foreign Relations of the
Senate.
(e) Expiration.--The authority to utilize funds under
subsection (a) shall expire at the close of December 31,
2011.

SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND
CARRY OUT INFRASTRUCTURE PROJECTS IN
AFGHANISTAN.

(a) Authority.--The Secretary of Defense and the Secretary
of State are authorized to establish a program to develop and
carry out infrastructure projects in Afghanistan in
accordance with the requirements of this section.
(b) Formulation and Execution of Program.--
(1) In general.--The Secretary of State and the Secretary
of Defense shall jointly develop any project under the
program authorized under subsection (a). Except as provided
in paragraph (2), the Secretary of State, in coordination
with the Secretary of Defense, shall implement any project
under the program authorized under subsection (a).
(2) Exception.--The Secretary of Defense shall implement a
project under the program authorized under subsection (a) if
the Secretary of Defense and the Secretary of State jointly
determine that the Secretary of Defense should implement the
project.
(c) Types of Projects.--Infrastructure projects under the
program authorized under subsection (a) may include--
(1) water, power, and transportation projects; and
(2) other projects in support of the counterinsurgency
strategy in Afghanistan.
(d) Authority in Addition to Other Authorities.--The
authority to establish the program and develop and carry out
infrastructure projects under subsection (a) is in addition
to any other authority to provide assistance to foreign
countries.
(e) Applicability of Certain Administrative Provisions.--
(1) In general.--The administrative provisions of chapter 2
of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2381 et seq.) shall apply to funds made available to the
Secretary of State for purposes of carrying out
infrastructure projects under the program authorized under
subsection (a) to the same extent and in the same manner as
such administrative provisions apply to funds made available
to carry out part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.).
(2) Gifts, etc.--The Secretary of Defense and the Secretary
of State may accept and use in furtherance of the purposes of
this section, money, funds, property, and services of any
kind made available by gift, devise, bequest, grant, or
otherwise for such purposes.
(f) Funding.--
(1) In general.--The Secretary of Defense may use up to
$400,000,000 of funds made

[[Page H8705]]

available to the Department of Defense for operation and
maintenance for fiscal year 2011 to carry out the program
authorized under subsection (a).
(2) Availability.--Funds made available by paragraph (1)
are authorized to remain available until September 30, 2012.
(g) Congressional Notification.--The Secretary of Defense
shall notify the appropriate congressional committees not
less than 30 days before obligating or expending funds to
carry out a project or transferring funds to the Secretary of
State for the purpose of implementing a project under the
program authorized under subsection (a). Such notification
shall be in writing and contain a description of the details
of the proposed project, including--
(1) a plan for the sustainment of the project; and
(2) a description of how the project supports the
counterinsurgency strategy in Afghanistan.
(h) Return of Unexpended Funds.--
(1) In general.--Any unexpended funds transferred to the
Secretary of State for the purpose of implementing a project
under the program authorized under subsection (a) shall be
returned to the Secretary of Defense if the Secretary of
State, in coordination with the Secretary of Defense,
determines that the project cannot be implemented for any
reason or that the project no longer supports the
counterinsurgency strategy in Afghanistan.
(2) Availability.--Any funds returned to the Secretary of
Defense under this subsection shall be available for use
under this section and shall be treated in the same manner as
funds not transferred to the Secretary of State.
(i) Reports.--
(1) Report required.--Not later than 30 days after the end
of each fiscal year in which funds are obligated, expended,
or transferred under the program authorized under subsection
(a), the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate
congressional committees a report regarding implementation of
the program during such fiscal year.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) The allocation and use of funds under the program
during the fiscal year.
(B) A description of each project for which funds were
expended or transferred during the fiscal year.
(j) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.

SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING OPERATIONS IN IRAQ AND
AFGHANISTAN.

Section 1234 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394) is
amended by striking ``fiscal year 2008'' each place it
appears and inserting ``fiscal year 2011''.

SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS
ENGAGED IN ACTIVITIES RELATING TO AFGHANISTAN.

(a) Recommendations Required.--Not later than 90 days after
the date of the enactment of this Act, the Special Inspector
General for Afghanistan Reconstruction shall, in consultation
with the Inspector General of the Department of Defense, the
Inspector General of the United States Agency for
International Development, and the Inspector General of the
Department of State--
(1) issue recommendations on measures to increase oversight
of contractors engaged in activities relating to Afghanistan;
(2) report on the status of efforts of the Department of
Defense, the United States Agency for International
Development, and the Department of State to implement
existing recommendations regarding oversight of such
contractors; and
(3) report on the extent to which military and security
contractors or subcontractors engaged in activities relating
to Afghanistan have been responsible for the deaths of Afghan
civilians.
(b) Elements of Recommendations.--The recommendations
issued under subsection (a)(1) shall include recommendations
for reducing the reliance of the United States on--
(1) military and security contractors or subcontractors
engaged in activities relating to Afghanistan that have been
responsible for the deaths of Afghan civilians; and
(2) Afghan militias or other armed groups that are not part
of the Afghan National Security Forces.

SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN
COUNTERINSURGENCY FUND.

(a) Extension.--Subsection (h) of section 1224 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2521) is amended by striking
``September 30, 2010'' both places it appears and inserting
``September 30, 2011''.
(b) Required Elements of Assistance.--Subsection (b) of
such section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Required elements of assistance.--Assistance provided
to the security forces of Pakistan under this section in a
fiscal year after fiscal year 2010 shall be provided in a
manner that promotes--
``(A) observance of and respect for human rights and
fundamental freedoms; and
``(B) respect for legitimate civilian authority within
Pakistan.''.

Subtitle C--Reports and Other Matters

SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD
SECURITY AND STABILITY IN AFGHANISTAN.

Section 1230(a) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as
amended by section 1236 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat. 2535),
is further amended by striking ``2011'' and inserting
``2012''.

SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR
SUSTAINING THE AFGHANISTAN NATIONAL SECURITY
FORCES.

Section 1231(a) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 390) is
amended by striking ``2010'' and inserting ``2012''.

SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT
OF UNITED STATES ARMED FORCES FROM IRAQ.

(a) Report Required.--Subsection (a) of section 1227 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2525; 50 U.S.C. 1541 note) is
amended--
(1) by striking ``December 31, 2009'' and inserting
``December 31, 2010''; and
(2) by striking ``90 days thereafter'' and inserting ``180
days thereafter''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (5), by striking ``Multi-National Force-
Iraq'' each place it occurs and inserting ``United States
Forces-Iraq''; and
(2) by adding at the end the following:
``(6) An assessment of progress to transfer responsibility
of programs, projects, and activities carried out in Iraq by
the Department of Defense to other United States Government
departments and agencies, international or nongovernmental
entities, or the Government of Iraq. The assessment should
include a description of the numbers and categories of
programs, projects, and activities for which such other
entities have taken responsibility or which have been
discontinued by the Department of Defense. The assessment
should also include a discussion of any difficulties or
barriers in transitioning such programs, projects, and
activities and what, if any, solutions have been developed to
address such difficulties or barriers.
``(7) An assessment of progress toward the goal of building
the minimum essential capabilities of the Ministry of Defense
and the Ministry of the Interior of Iraq, including a
description of--
``(A) such capabilities both extant and remaining to be
developed;
``(B) major equipment necessary to achieve such
capabilities;
``(C) the level and type of support provided by the United
States to address shortfalls in such capabilities; and
``(D) the level of commitment, both financial and
political, made by the Government of Iraq to develop such
capabilities, including a discussion of resources used by the
Government of Iraq to develop capabilities that the Secretary
determines are not minimum essential capabilities for
purposes of this paragraph.
``(8) A listing and assessment of the anticipated level and
type of support to be provided by United States special
operations forces to the Government of Iraq and Iraqi special
operations forces during the redeployment of United States
conventional forces from Iraq. The assessment should include
a listing of anticipated critical support from general
purpose forces required by United States special operations
forces and Iraqi special operations forces. The assessment
should also include combat support, including rotary aircraft
and intelligence, surveillance, and reconnaissance assets,
combat service support, and contractor support needed through
December 31, 2011.''.
(c) Secretary of State Comments.--Such section is further
amended by striking subsection (c) and inserting the
following:
``(c) Secretary of State Comments.--Prior to submitting the
report required under subsection (a), the Secretary of
Defense shall provide a copy of the report to the Secretary
of State for review. At the request of the Secretary of
State, the Secretary of Defense shall include an appendix to
the report which contains any comments or additional
information that the Secretary of State requests.''.
(d) Form.--Subsection (d) of such section is amended by
striking ``, whether or not included in another report on
Iraq submitted to Congress by the Secretary of Defense,''.
(e) Termination.--Such section is further amended by adding
at the end the following:
``(f) Termination.--The requirement to submit the report
required under subsection (a) shall terminate on September
30, 2012.''.
(f) Repeal of Other Reporting Requirements.--The following
provisions of law are hereby repealed:
(1) Section 1227 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465; 50
U.S.C. 1541 note) (as amended by section 1223 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 373)).

[[Page H8706]]

(2) Section 1225 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 375).

SEC. 1234. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR
COALITION OPERATIONS.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the implementation of the
coalition support authorities of the Department of Defense
during Operation Iraqi Freedom and Operation Enduring
Freedom.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the purpose and use of each coalition
support authority of the Department of Defense.
(2) For the period of Operation Enduring Freedom ending on
September 30, 2010, a summary of the amount of training,
equipment, services, or other assistance provided or loaned
under any coalition support authority of the Department of
Defense set forth, for each such authority, by amount
provided or loaned during each fiscal year of such period for
each recipient country.
(3) For the period of Operation Iraqi Freedom ending on
September 30, 2010, a summary of the amount of training,
equipment, services, or other assistance provided or loaned
under any coalition support authority of the Department of
Defense set forth, for each such authority, by amount
provided or loaned during each fiscal year of such period for
each recipient country.
(4) An assessment of the effectiveness of each coalition
support authority of the Department of Defense in meeting its
intended purpose.
(5) For each recipient country of coalition support under a
coalition support authority of the Department of Defense--
(A) a description of the contribution of such country to
coalition operations in Operation Enduring Freedom or
Operating Iraqi Freedom; and
(B) an assessment of the extent to which coalition support
provided by the United States enhanced the ability of such
country to participate in coalition operations in Operation
Enduring Freedom or Operating Iraqi Freedom.
(6) A description of the actions taken by the Department
Defense to eliminate duplication and overlap in coalition
support provided under the coalition support authorities of
the Department of Defense.
(7) An assessment by the Secretary of Defense whether there
is an ongoing need for each coalition support authority of
the Department of Defense, and an estimate of the anticipated
future demand for coalition support under such coalition
support authorities.
(c) Coalition Support Authorities of the Department of
Defense Defined.--In this section, the term ``coalition
support authorities of the Department of Defense'' means the
following:
(1) Coalition Support Funds, including the authority to
provide specialized training and loan specialized equipment
under the Coalition Support Fund (commonly referred to as the
``Coalition Readiness Support Program'').
(2) Lift and sustain authority under appropriations Acts or
under section 1234 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
(3) Global lift and sustain authority under section 127c of
title 10, United States Code.
(4) The authority to provide logistic support, supplies,
and services to allied forces participating in combined
operations under section 127d of title 10, United States
Code.
(5) The temporary authority to lend significant military
equipment under acquisition and cross-servicing agreements
pursuant to section 1202 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
(6) The authority under section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) to provide assistance to build the capacity of
foreign nations to support military or stability operations
in which the United States Armed Forces are a participant.
(7) Any other authority that the Secretary of Defense
designates as a coalition support authority of the Department
of Defense for purposes of the report required by subsection
(a).

SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS.

(a) DoD Inspector General Report on Afghan National Police
Training Program.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Department of Defense shall, in consultation with the
Inspector General of the Department of State, submit to the
appropriate committees of Congress a report on the Afghan
National Police training program.
(2) Review.--In preparing the report required by paragraph
(1), the Inspector General of the Department of Defense shall
conduct a review of the Afghan National Police training
program that focuses on developments since the Inspector
General of the Department of Defense and the Inspector
General of the Department of State released the report
entitled ``Department of Defense Obligations and Expenditures
of Funds Provided to the Department of State for the Training
and Mentoring of the Afghan National Police'' (DODIG Report
No. D-2010-042, DOSIG Report No. MERO-A-10-06, February 9,
2010).
(3) Elements of report.--The report required by paragraph
(1) shall include the following:
(A) A description of the components, planning, and scope of
the Afghan National Police training program since the United
States assumed control of the program in 2003.
(B) A description of the cost to the United States of the
Afghan National Police training program, including the source
and amount of funding, and a description of the allocation of
responsibility between the Department of Defense and the
Department of State for funding the program.
(C) A description of the allocation of responsibility
between the Department of Defense and the Department of State
for the oversight and execution of the program.
(D) A description of the personnel and staffing
requirements for overseeing and executing the program, both
in the United States and in theater, including United States
civilian government and military personnel, contractor
personnel, and nongovernmental personnel, and non-United
States civilian and military personnel, contractor personnel,
and nongovernmental personnel.
(E) An assessment of the cost, performance metrics, and
planning associated with the transfer of administration of
the contract for the Afghan National Police training program
from the Department of State to the Department of Defense.
(b) GAO Report on Use of Government Personnel Rather Than
Contractors for Training Afghan National Police.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress
a report on the use of United States Government personnel
rather than contractors for the training of the Afghan
National Police.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description of the roles and responsibilities of
contractors and United States Government personnel in the
Afghan National Police training program and a description of
how the division of roles and responsibilities between such
contractors and personnel has been determined.
(B) An assessment of the relative advantages and
disadvantages of using contractors or United States
Government personnel in the Afghan National Police training
program, including an assessment of--
(i) the shortfalls and inefficiencies, if any, in
contractor performance in the program; and
(ii) options for leveraging United States Government
resources and capacity to address the shortfalls and
inefficiencies described in clause (i) and to better address
current and future needs under the program.
(C) An assessment of the factors, such as oversight, cost
considerations, performance, policy, and other factors, that
would be impacted by transferring responsibilities for the
performance of the Afghan National Police training program
from contractors to United States Government personnel.
(D) A review of the lessons learned from the execution and
oversight of the police training program in Iraq, and any
other relevant police training programs led by the Department
of Defense, regarding the relative advantages and
disadvantages of using United States Government personnel or
contractors to carry out police training programs for foreign
nations.
(c) Report on Government Police Training and Equipping
Programs.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on United States
Government police training and equipping programs outside the
United States.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A list of all United States Government departments and
agencies involved in implementing police training and
equipping programs.
(B) A description of the scope, size, and components of all
police training and equipping programs for fiscal years 2010
and 2011, to include for each such program--
(i) the name of each country that received assistance under
the program;
(ii) the types of recipient nation units receiving such
assistance, including national police, gendarmerie,
counternarcotics police, counterterrorism police, Formed
Police Units, border security, and customs;
(iii) the purpose and objectives of the program;
(iv) the funding and personnel levels for the program in
each such fiscal year;
(v) the authority under which the program is conducted;
(vi) the name of the United States Government department or
agency with lead responsibility for the program and the
mechanisms for oversight of the program;
(vii) the extent to which the program is implemented by
contractors or United States Government personnel; and
(viii) the metrics for measuring the results of the
program.
(C) An assessment of the requirements for police training
and equipping programs, and what changes, if any, are
required to improve the capacity of the United States
Government to meet such requirements.

[[Page H8707]]

(D) An evaluation of the appropriate role of United States
Government departments and agencies in coordinating on and
carrying out police training and equipping programs.
(E) An evaluation of the appropriate role of contractors in
carrying out police training and equipping programs, and what
modifications, if any, are needed to improve oversight of
such contractors.
(F) Recommendations for legislative modifications, if any,
to existing authorities relating to police training and
equipping programs.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Foreign Relations,
Homeland Security and Governmental Affairs, and
Appropriations of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs,
Oversight and Government Reform, and Appropriations of the
House of Representatives.

SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE
UNITED STATES.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, the Attorney
General, the Secretary of Homeland Security, the
Administrator of the United States Agency for International
Development, and the heads of other appropriate Federal
agencies (as determined by the Secretary of Defense), shall
submit to the Congress a report containing the information
described in subsection (b). In preparing such report, the
Secretary of Defense shall use available information from
organizations and entities closely associated with the United
States mission in Iraq that have received United States
Government funding through an official and documented
contract, award, grant, or cooperative agreement.
(b) Information.--The information described in this
subsection is the following:
(1) The number of Iraqis who were or are employed by the
United States Government in Iraq or who are or were employed
in Iraq by an organization or entity closely associated with
the United States mission in Iraq that has received United
States Government funding through an official and documented
contract, award, grant, or cooperative agreement.
(2) The number of Iraqis who have applied--
(A) for resettlement in the United States as a refugee
under section 1243 of the Refugee Crisis in Iraq Act of 2007
(subtitle C of title XII of division A of Public Law 110-181;
122 Stat. 395 et seq.);
(B) to enter the United States as a special immigrant under
section 1244 of such Act; or
(C) to enter the United States as a special immigrant under
section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note).
(3) The status of each application described in paragraph
(2).
(4) The estimated number of individuals described in
paragraph (1) who have been injured or killed in Iraq.
(c) Expedited Processing.--The Secretary of Defense, the
Secretary of State, and the Secretary of Homeland Security
shall develop a plan using the report submitted under
subsection (a) to expedite the processing of the applications
described in subsection (b)(2) in the case of Iraqis at risk
as the United States withdraws from Iraq.

SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM
THE EXPORT CONTROL SYSTEM.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report on the Department of Defense's plans to implement the
reforms to the United States export control system
recommended by the interagency task force established at the
direction of the President on August 13, 2009.
(b) Matters to Be Included.--The report required under
subsection (a) shall include an assessment of the extent to
which the plans to reform the export control system will--
(1) impact the Defense Technology Security Administration
of the Department of Defense;
(2) affect the role of the Department of Defense with
respect to export control policy; and
(3) ensure greater protection and monitoring of militarily
critical technologies.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate.

SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST
THREATS POSED BY THE ANTI-ACCESS AND AREA-
DENIAL CAPABILITIES OF CERTAIN NATION-STATES.

(a) Finding.--Congress finds that the 2010 report on the
Department of Defense Quadrennial Defense Review concludes
that ``[a]nti-access strategies seek to deny outside
countries the ability to project power into a region, thereby
allowing aggression or other destabilizing actions to be
conducted by the anti-access power. Without dominant
capabilities to project power, the integrity of United States
alliances and security partnerships could be called into
question, reducing United States security and influence and
increasing the possibility of conflict''.
(b) Sense of Congress.--It is the sense of Congress that,
in light of the finding in subsection (a), the Secretary of
Defense should ensure that the United States has the
appropriate authorities, capabilities, and force structure to
defend against any potential future threats posed by the
anti-access and area-denial capabilities of potentially
hostile foreign countries.
(c) Report.--Not later than April 1, 2011, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
United States efforts to defend against any potential future
threats posed by the anti-access and area-denial capabilities
of potentially hostile nation-states.
(d) Elements.--The report required under subsection (c)
shall include the following:
(1) An assessment of any potential future threats posed by
the anti-access and area-denial capabilities of potentially
hostile foreign countries, including an identification of the
foreign countries with such capabilities, the nature of such
capabilities, and the possible advances in such capabilities
over the next 10 years.
(2) A description of any efforts by the Department of
Defense to address the potential future threats posed by the
anti-access and area-denial capabilities of potentially
hostile foreign countries.
(3) A description of the authorities, capabilities, and
force structure that the United States may require over the
next 10 years to address the threats posed by the anti-access
and area-denial capabilities of potentially hostile foreign
countries.
(e) Form.--The report required under subsection (c) shall
be submitted in unclassified form, but may contain a
classified annex if necessary.
(f) Definitions.--In this section--
(1) the term ``anti-access'', with respect to capabilities,
means any action that has the effect of slowing the
deployment of friendly forces into a theater, preventing such
forces from operating from certain locations within that
theater, or causing such forces to operate from distances
farther from the locus of conflict than such forces would
normally prefer; and
(2) the term ``area-denial'', with respect to capabilities,
means operations aimed to prevent freedom of action of
friendly forces in the more narrow confines of the area under
a potentially hostile nation-state's direct control,
including actions by an adversary in the air, on land, and on
and under the sea to contest and prevent joint operations
within a defended battlespace.

SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPARTMENT OF
DEFENSE STRATEGY TO COUNTER VIOLENT EXTREMISM
OUTSIDE THE UNITED STATES.

(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Defense Science Board
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
strategy of the Department of Defense to counter violent
extremism outside the United States.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) A review of the current strategy, research activities,
resource allocations, and organizational structure of the
Department of Defense for countering violent extremism
outside the United States.
(2) A review of interagency coordination and decision-
making processes for executing and overseeing strategies and
programs for countering violent extremism outside the United
States.
(3) An analysis of alternatives and options available to
the Department of Defense to counter violent extremism
outside the United States.
(4) An analysis of legal, policy, and strategy issues
involving efforts to counter violent extremism outside the
United States as such efforts potentially affect domestic
efforts to interrupt radicalization efforts within the United
States.
(5) An analysis of the current information campaign of the
Department of Defense against violent extremists outside the
United States.
(6) Such recommendations for further action to address the
matters covered by the report as the Defense Science Board
considers appropriate.
(7) Such other matters as the Defense Science Board
determines relevant.

SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA AGREEMENT
BETWEEN THE UNITED STATES, IRAN, AND CERTAIN
OTHER COUNTRIES.

(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report assessing the
relative merits of a multilateral or bilateral Incidents at
Sea military-to-military agreement between the United States,
the Government of Iran, and other countries operating in the
Persian Gulf aimed at preventing accidental naval conflict in
the Persian Gulf and the Strait of Hormuz.
(b) Matters to Be Included.--Such assessment should
consider and evaluate the current maritime security situation
in the Persian Gulf and the effect that such an agreement
might have on military and other maritime activities in the
region, as well as

[[Page H8708]]

other United States regional strategic interests.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF
DEFENSE ACTIVITIES TO COUNTER VIOLENT EXTREMISM
IN AFRICA.

(a) In General.--The Secretary of Defense, in consultation
with the Secretary of State, shall monitor and evaluate the
impact of United States Africa Command (USAFRICOM) Combined
Joint Task Force-Horn of Africa's (CJTF-HOA) activities to
counter violent extremism in Africa, including civil affairs,
psychological operations, humanitarian assistance, and
operations to strengthen the capacity of partner nations.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report on the
following:
(1) An evaluation of the impact of CJTF-HOA's activities
described in subsection (a) to advance United States security
objectives in the Horn of Africa, including the extent to
which CJTF-HOA's activities--
(A) disrupt or deny terrorist networks;
(B) combat violent extremist ideology;
(C) are aligned with USAFRICOM's mission; and
(D) complement programs conducted by the United States
Agency for International Development.
(2) USAFRICOM's efforts to monitor and evaluate the impact
of CJTF-HOA's activities described in subsection (a),
including--
(A) the means by which CJTF-HOA follows up on such
activities to evaluate the effectiveness of such activities;
(B) USAFRICOM's specific assessments of CJTF-HOA's
activities; and
(C) a description of plans by the Secretary of Defense to
make permanent CJTF-HOA's presence in Djibouti.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS.

(a) In General.--Section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2541) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011'';
(B) by striking ``pursuant to section 301(1)''; and
(C) by striking ``$30,000,000'' and inserting
``$50,000,000'';
(2) in subsection (b)--
(A) by striking ``NATO Special Operations Coordination
Center'' and inserting ``NATO Special Operations
Headquarters''; and
(B) by striking ``NSCC'' and inserting ``NSHQ''; and
(3) in subsection (c), by striking ``NSCC'' each place it
appears and inserting ``NSHQ''.
(b) Conforming Amendment.--The heading of such section is
amended by striking ``NATO SPECIAL OPERATIONS COORDINATION
CENTER'' and inserting ``NATO SPECIAL OPERATIONS
HEADQUARTERS''.

SEC. 1243. NATIONAL MILITARY STRATEGY TO COUNTER IRAN AND
REQUIRED BRIEFINGS.

(a) National Military Strategy Required.--The Secretary of
Defense shall develop a strategy, to be known as the
``National Military Strategy to Counter Iran''. The strategy
should--
(1) provide strategic guidance for activities of the
Department of Defense that support the objective of
countering threats posed by Iran;
(2) undertake a review of the intelligence in the
possession of the Department of Defense to develop a list of
gaps in intelligence that limit the ability of the Department
of Defense to counter threats emanating from Iran that the
Secretary considers to be critical;
(3) undertake a review of the ability of the Department of
Defense to counter threats to the United States, its forces,
allies, and interests from Iran, including--
(A) contributions of the Department of Defense to the
efforts of other agencies of the United States Government to
counter or address the threat emanating from Iran; and
(B) any gaps in the capabilities and authorities of the
Department.
(b) Briefings to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall brief the congressional defense committees in
classified session regarding any resources, capabilities, or
changes to current law the Secretary believes are necessary
to address the gaps identified in the strategy required in
subsection (a).

TITLE XIII--COOPERATIVE THREAT REDUCTION

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

(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2011 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2011
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2011, 2012, and 2013.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $522,512,000
authorized to be appropriated to the Department of Defense
for fiscal year 2011 in section 301(20) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,732,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia,
$9,614,000.
(4) For nuclear weapons transportation security in Russia,
$45,000,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$79,821,000.
(6) For biological threat reduction in the former Soviet
Union, $209,034,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For Global Nuclear Lockdown, $74,471,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $23,040,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2011 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection
(a) until 15 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2011 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2011 for a
purpose listed in paragraphs (1) through (10) of subsection
(a) in excess of the specific amount authorized for that
purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF
CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF
THE FORMER SOVIET UNION.

Not more than $500,000 of the fiscal year 2011 Cooperative
Threat Reduction funds may be obligated or expended to
establish a center of excellence in a country that is not a
state of the former Soviet Union until the date that is 15
days after the date on which the Secretary of Defense submits
to the congressional defense committees a report that
includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the government of
the country in which the center will be located; and
(B) the percentage of the total cost of establishing and
operating the center the funds described in subparagraph (A)
will cover.

[[Page H8709]]

SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERATION
PREVENTION, AND THREAT REDUCTION ACTIVITIES
WITH THE PEOPLE'S REPUBLIC OF CHINA.

(a) In General.--Not later than April 1, 2011, the
Secretary of Defense and the Secretary of Energy shall
jointly submit to the congressional defense committees a plan
to carry out activities of the Department of Defense
Cooperative Threat Reduction Program and the Department of
Energy Defense Nuclear Nonproliferation program relating to
nonproliferation, proliferation prevention, and threat
reduction with the Government of the People's Republic of
China during fiscal years 2011 through 2016.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A description of the activities to be carried out under
the plan.
(2) A description of milestones and goals for such
activities.
(3) An estimate of the annual cost of such activities.
(4) An estimate of the amount of the total cost of such
activities to be provided by the Government of the People's
Republic of China.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.

Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.

Subtitle D--Other Matters

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $160,965,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,273,571,000.

SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES.

(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center with appropriate expertise in
revolving fund financial management to carry out a study to
determine a sufficient operational level of cash that each
revolving fund of the Department of Defense should maintain
in order to sustain a single rate or price throughout the
fiscal year.
(b) Contents of Study.--In carrying out a study pursuant to
a contract entered into under subsection (a), the federally
funded research and development center shall--
(1) qualitatively analyze the operational requirements and
inherent risks associated with maintaining a specific level
of cash within each revolving fund of the Department;
(2) for each such revolving fund, take into consideration
any effects on appropriation accounts that have occurred due
to changes made in the rates charged by the fund during a
fiscal year;
(3) take into consideration direct input from the Secretary
of Defense and officials of each of the military departments
with leadership responsibility for financial management;
(4) examine the guidance provided and regulations
prescribed by the Secretary of Defense and the Secretary of
each of the military departments, as in effect on the date of
the enactment of this Act, including such guidance with
respect to programming and budgeting and the annual budget
displays provided to Congress;
(5) examine the effects on appropriations accounts that
have occurred due to congressional adjustments relating to
excess cash balances in revolving funds;
(6) identify best business practices from the private
sector relating to sufficient cash balance reserves;
(7) examine any relevant applicable laws, including the
relevant body of work performed by the Government
Accountability Office; and
(8) address--
(A) instances where the fiscal policy of the Department of
Defense directly follows the law, as in effect on the date of
the enactment of this Act, and instances where such policy is
more restrictive with respect to the fiscal management of
revolving funds than such law requires;
(B) instances where current Department fiscal policy
restricts the capability of a revolving fund to achieve the
most economical and efficient organization and operation of
activities;
(C) fiscal policy adjustments required to comply with
recommendations provided in the study, including proposed
adjustments to--
(i) the Department of Defense Financial Management
Regulation;
(ii) published service regulations and instructions; and
(iii) major command fiscal guidance; and
(D) such other matters as determined relevant by the center
carrying out the study.
(c) Availability of Information.--The Secretary of Defense
and the Secretary of each of the military departments shall
make available to a federally funded research and development
center carrying out a study pursuant to a contract entered
into under subsection (a) all necessary and relevant
information to allow the center to conduct the study in a
quantitative and analytical manner.
(d) Report.--Any contract entered into under subsection (a)
shall provide that not later than 9 months after the date on
which the Secretary of Defense enters into the contract, the
chief executive officer of the entity that carries out the
study pursuant to the contract shall submit to the Committees
on Armed Services of the Senate and House of Representatives
and the Secretary of Defense a final report on the study. The
report shall include each of the following:
(1) A description of the revolving fund environment, as of
the date of the conclusion of the study, and the anticipated
future environment, together with the quantitative data used
in conducting the assessment of such environments under the
study.
(2) Recommended fiscal policy adjustments to support the
initiatives identified in the study, including adjustments
to--
(A) the Department of Defense Financial Management
Regulation;
(B) published service regulations and instructions; and
(C) major command fiscal guidance.
(3) Recommendations with respect to any changes to any
applicable law that would be appropriate to support the
initiatives identified in the study.
(e) Submittal of Comments.--Not later than 90 days after
the date of the submittal of the report under subsection (d),
the Secretary of Defense and the Secretaries of each of the
military departments shall submit to the Committees on Armed
Services of the Senate and House of Representatives comments
on the findings and recommendations contained in the report.

SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND
REQUIREMENTS.

Section 2208 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting before the semicolon
the following: ``, including the cost of the procurement and
qualification of technology-enhanced maintenance capabilities
that improve either reliability, maintainability,
sustainability, or supportability and have, at a minimum,
been demonstrated to be functional in an actual system
application or operational environment''; and
(2) in subsection (k)(2), by striking ``$100,000'' and
inserting ``$250,000''.

SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE
PENTAGON RESERVATION MAINTENANCE REVOLVING
FUND.

Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall transfer $53,000,000
from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e)
of title 10, United States Code, to the Miscellaneous
Receipts Fund of the United States Treasury.

SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for the
fiscal year 2011 for the National Defense Sealift Fund in the
amount of $934,866,000.

SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2011 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
in the amount of $1,467,307,000, of which--
(1) $1,067,364,000 is for Operation and Maintenance;
(2) $392,811,000 is for Research, Development, Test, and
Evaluation; and
(3) $7,132,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), as amended by
section 1421 of this Act; and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

[[Page H8710]]

SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2011 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of
$1,160,851,000.

SEC. 1408. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2011 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of
$317,154,000.

SEC. 1409. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2011 for expenses, not
otherwise provided for, for the Defense Health Program, in
the amount of $30,959,611,000.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year
2011, the National Defense Stockpile Manager may obligate up
to $41,181,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.

SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR
PREVIOUSLY AUTHORIZED DISPOSALS FROM THE
NATIONAL DEFENSE STOCKPILE.

Section 3402(b)(5) of the National Defense Authorization
Act for Fiscal Year 2000 (50 U.S.C. 98d note), as most
recently amended by section 1412(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 418), is amended by striking ``$710,000,000'' and
inserting ``$730,000,000''.

Subtitle C--Chemical Demilitarization Matters

SEC. 1421. CONSOLIDATION AND REORGANIZATION OF STATUTORY
AUTHORITY FOR DESTRUCTION OF UNITED STATES
STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS.

(a) Restatement of Statutory Authority With Consolidation
and Reorganization.--Section 1412 of the National Defense
Authorization Act, 1986 (50 U.S.C. 1521) is amended to read
as follows:

``SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.

``(a) In General.--The Secretary of Defense shall, in
accordance with the provisions of this section, carry out the
destruction of the United States' stockpile of lethal
chemical agents and munitions that exists on November 8,
1985.
``(b) Date for Completion.--(1) The destruction of such
stockpile shall be completed by the stockpile elimination
deadline.
``(2) If the Secretary of Defense determines at any time
that there will be a delay in meeting the requirement in
paragraph (1) for the completion of the destruction of
chemical weapons by the stockpile elimination deadline, the
Secretary shall immediately notify the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives of that projected delay.
``(3) For purposes of this section, the term `stockpile
elimination deadline' means the deadline established by the
Chemical Weapons Convention, but not later than December 31,
2017.
``(c) Initiation of Demilitarization Operations.--The
Secretary of Defense may not initiate destruction of the
chemical munitions stockpile stored at a site until the
following support measures are in place:
``(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
``(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to
that installation.
``(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that
installation, as approved by the appropriate State regulatory
agencies.
``(d) Environmental Protection and Use of Facilities.--(1)
In carrying out the requirement of subsection (a), the
Secretary of Defense shall provide for--
``(A) maximum protection for the environment, the general
public, and the personnel who are involved in the destruction
of the lethal chemical agents and munitions referred to in
subsection (a), including but not limited to the use of
technologies and procedures that will minimize risk to the
public at each site; and
``(B) adequate and safe facilities designed solely for the
destruction of lethal chemical agents and munitions.
``(2) Facilities constructed to carry out this section
shall, when no longer needed for the purposes for which they
were constructed, be disposed of in accordance with
applicable laws and regulations and mutual agreements between
the Secretary of the Army and the Governor of the State in
which the facility is located.
``(3)(A) Facilities constructed to carry out this section
may not be used for a purpose other than the destruction of
the stockpile of lethal chemical agents and munitions that
exists on November 8, 1985.
``(B) The prohibition in subparagraph (A) shall not apply
with respect to items designated by the Secretary of Defense
as lethal chemical agents, munitions, or related materials
after November 8, 1985, if the State in which a destruction
facility is located issues the appropriate permit or permits
for the destruction of such items at the facility.
``(e) Grants and Cooperative Agreements.--(1)(A) In order
to carry out subsection (d)(1)(A), the Secretary of Defense
may make grants to State and local governments and to tribal
organizations (either directly or through the Federal
Emergency Management Agency) to assist those governments and
tribal organizations in carrying out functions relating to
emergency preparedness and response in connection with the
disposal of the lethal chemical agents and munitions referred
to in subsection (a). Funds available to the Department of
Defense for the purpose of carrying out this section may be
used for such grants.
``(B) Additionally, the Secretary may provide funds through
cooperative agreements with State and local governments, and
with tribal organizations, for the purpose of assisting them
in processing, approving, and overseeing permits and licenses
necessary for the construction and operation of facilities to
carry out this section. The Secretary shall ensure that funds
provided through such a cooperative agreement are used only
for the purpose set forth in the preceding sentence.
``(C) In this paragraph, the term `tribal organization' has
the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
``(2)(A) In coordination with the Secretary of the Army and
in accordance with agreements between the Secretary of the
Army and the Administrator of the Federal Emergency
Management Agency, the Administrator shall carry out a
program to provide assistance to State and local governments
in developing capabilities to respond to emergencies
involving risks to the public health or safety within their
jurisdictions that are identified by the Secretary as being
risks resulting from--
``(i) the storage of lethal chemical agents and munitions
referred to in subsection (a) at military installations in
the continental United States; or
``(ii) the destruction of such agents and munitions at
facilities referred to in subsection (d)(1)(B).
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an
installation or facility as described in subparagraph (A)
until the earlier of the following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation or
facility for purposes of this paragraph between the Federal
Emergency Management Agency and the State and local
governments concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.
``(C) Not later than December 15 of each year, the
Administrator shall transmit a report to Congress on the
activities carried out under this paragraph during the fiscal
year preceding the fiscal year in which the report is
submitted.
``(f) Requirement for Strategic Plan.--(1) The Under
Secretary of Defense for Acquisition, Technology, and
Logistics and the Secretary of the Army shall jointly
prepare, and from time to time shall update as appropriate, a
strategic plan for future activities for destruction of the
United States' stockpile of lethal chemical agents and
munitions.
``(2) The plan shall include, at a minimum, the following
considerations:
``(A) Realistic budgeting for stockpile destruction and
related support programs.
``(B) Contingency planning for foreseeable or anticipated
problems.
``(C) A management approach and associated actions that
address compliance with the obligations of the United States
under the Chemical Weapons Convention and that take full
advantage of opportunities to accelerate destruction of the
stockpile.
``(3) The Secretary of Defense shall each year submit to
the Committee on the Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
the strategic plan as most recently prepared and updated
under paragraph (1). Such submission shall be made each year
at the time of the submission to the Congress that year of
the President's budget for the next fiscal year.
``(g) Management Organization.--(1) In carrying out this
section, the Secretary of Defense shall provide for a
management organization within the Department of the

[[Page H8711]]

Army. The Secretary of the Army shall be responsible for
management of the destruction of agents and munitions at all
sites except Blue Grass Army Depot, Kentucky, and Pueblo
Chemical Depot, Colorado.
``(2) The program manager for the Assembled Chemical
Weapons Alternative Program shall be responsible for
management of the construction, operation, and closure, and
any contracting relating thereto, of chemical
demilitarization activities at Bluegrass Army Depot,
Kentucky, and Pueblo Army Depot, Colorado, including
management of the pilot-scale facility phase of the
alternative technology selected for the destruction of lethal
chemical munitions. In performing such management, the
program manager shall act independently of the Army program
manager for Chemical Demilitarization and shall report to the
Under Secretary of Defense for Acquisition, Technology, and
Logistics.
``(3) The Secretary of Defense shall designate a general
officer or civilian equivalent as the director of the
management organization established under paragraph (1). Such
officer shall have--
``(A) experience in the acquisition, storage, and
destruction of chemical agents and munitions; and
``(B) outstanding qualifications regarding safety in
handling chemical agents and munitions.
``(h) Identification of Funds.--(1) Funds for carrying out
this section, including funds for military construction
projects necessary to carry out this section, shall be set
forth in the budget of the Department of Defense for any
fiscal year as a separate account. Such funds shall not be
included in the budget accounts for any military department.
``(2) Amounts appropriated to the Secretary of Defense for
the purpose of carrying out subsection (e) shall be promptly
made available to the Administrator of the Federal Emergency
Management Agency.
``(i) Annual Reports.--(1) Except as provided by paragraph
(3), the Secretary of Defense shall transmit, by December 15
each year, a report to Congress on the activities carried out
under this section during the fiscal year ending on September
30 of the calendar year in which the report is to be made.
``(2) Each annual report shall include the following:
``(A) A site-by-site description of the construction,
equipment, operation, and dismantling of facilities (during
the fiscal year for which the report is made) used to carry
out the destruction of agents and munitions under this
section, including any accidents or other unplanned
occurrences associated with such construction and operation.
``(B) A site-by-site description of actions taken to assist
State and local governments (either directly or through the
Federal Emergency Management Agency) in carrying out
functions relating to emergency preparedness and response in
accordance with subsection (e).
``(C) An accounting of all funds expended (during such
fiscal year) for activities carried out under this section,
with a separate accounting for amounts expended for--
``(i) the construction of and equipment for facilities used
for the destruction of agents and munitions;
``(ii) the operation of such facilities;
``(iii) the dismantling or other closure of such
facilities;
``(iv) research and development;
``(v) program management;
``(vi) travel and associated travel costs for Citizens'
Advisory Commissioners under subsection (m)(7); and
``(vii) grants to State and local governments to assist
those governments in carrying out functions relating to
emergency preparedness and response in accordance with
subsection (e).
``(D) An assessment of the safety status and the integrity
of the stockpile of lethal chemical agents and munitions
subject to this section, including--
``(i) an estimate on how much longer that stockpile can
continue to be stored safely;
``(ii) a site-by-site assessment of the safety of those
agents and munitions; and
``(iii) a description of the steps taken (to the date of
the report) to monitor the safety status of the stockpile and
to mitigate any further deterioration of that status.
``(3) The Secretary shall transmit the final report under
paragraph (1) not later than 120 days following the
completion of activities under this section.
``(j) Semiannual Reports.--(1) Not later than March 1 and
September 1 each year until the year in which the United
States completes the destruction of its entire stockpile of
chemical weapons under the terms of the Chemical Weapons
Convention, the Secretary of Defense shall submit to the
members and committees of Congress referred to in paragraph
(3) a report on the implementation by the United States of
its chemical weapons destruction obligations under the
Chemical Weapons Convention.
``(2) Each report under paragraph (1) shall include the
following:
``(A) The anticipated schedule at the time of such report
for the completion of destruction of chemical agents,
munitions, and materiel at each chemical weapons
demilitarization facility in the United States.
``(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction
at each such facility, particularly in time to meet the
stockpile elimination deadline.
``(C) A description of the funding required to achieve each
of the options for destruction described under subparagraph
(B), and a detailed life-cycle cost estimate for each of the
affected facilities included in each such funding profile.
``(D) A description of all actions being taken by the
United States to accelerate the destruction of its entire
stockpile of chemical weapons, agents, and materiel in order
to meet the current stockpile elimination deadline under the
Chemical Weapons Convention of April 29, 2012, or as soon
thereafter as possible.
``(3) The members and committees of Congress referred to in
this paragraph are--
``(A) the majority leader and the minority leader of the
Senate and the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
``(B) the Speaker of the House of Representatives, the
majority leader and the minority leader of the House of
Representatives, and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives.
``(k) Authorized Use of Toxic Chemicals.--Consistent with
United States obligations under the Chemical Weapons
Convention, the Secretary of Defense may develop, produce,
otherwise acquire, retain, transfer, and use toxic chemicals
and their precursors for purposes not prohibited by the
Chemical Weapons Convention if the types and quantities of
such chemicals and precursors are consistent with such
purposes, including for protective purposes such as
protection against toxic chemicals and protection against
chemical weapons.
``(l) Surveillance and Assessment Program.--The Secretary
of Defense shall conduct an ongoing comprehensive program
of--
``(1) surveillance of the existing United States stockpile
of chemical weapons; and
``(2) assessment of the condition of the stockpile.
``(m) Chemical Demilitarization Citizens' Advisory
Commissions.--(1)(A) The Secretary of the Army shall
establish a citizens' commission for each State in which
there is a chemical demilitarization facility under Army
management.
``(B) The Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs shall establish a
chemical demilitarization citizens' commission in Colorado
and in Kentucky.
``(C) Each commission under this subsection shall be known
as the `Chemical Demilitarization Citizens' Advisory
Commission' for the State concerned.
``(2)(A) The Secretary of the Army, or the Department of
Defense with respect to Colorado and Kentucky, shall provide
for a representative to meet with each commission established
under this subsection to receive citizen and State concerns
regarding the ongoing program for the disposal of the lethal
chemical agents and munitions in the stockpile referred to in
subsection (a) at each of the sites with respect to which a
commission is established pursuant to paragraph (1).
``(B) The Secretary of the Army shall provide for a
representative from the Office of the Assistant Secretary of
the Army (Acquisition, Logistics, and Technology) to meet
with each commission under Army management.
``(C) The Department of Defense shall provide for a
representative from the Office of the Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense
Programs to meet with the commissions in Colorado and
Kentucky.
``(3)(A) Each commission under this subsection shall be
composed of nine members appointed by the Governor of the
State. Seven of such members shall be citizens from the local
affected areas in the State. The other two shall be
representatives of State government who have direct
responsibilities related to the chemical demilitarization
program.
``(B) For purposes of this paragraph, affected areas are
those areas located within a 50-mile radius of a chemical
weapons storage site.
``(4) For a period of five years after the termination of
any commission under this subsection, no corporation,
partnership, or other organization in which a member of that
commission, a spouse of a member of that commission, or a
natural or adopted child of a member of that commission has
an ownership interest may be awarded--
``(A) a contract related to the disposal of lethal chemical
agents or munitions in the stockpile referred to in
subsection (a); or
``(B) a subcontract under such a contract.
``(5) The members of each commission under this subsection
shall designate the chair of such commission from among the
members of such commission.
``(6) Each commission under this subsection shall meet with
a representative from the Army, or the Office of the
Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs with respect to the commissions
in Colorado and Kentucky, upon joint agreement between the
chair of such commission and that representative. The two
parties shall meet not less often than twice a year and may
meet more often at their discretion.
``(7) Members of each commission under this subsection
shall receive no pay for their involvement in the activities
of their commissions. Funds appropriated for the Chemical
Stockpile Demilitarization Program may be used for travel and
associated travel costs for commissioners of commissions
under this subsection when such travel is conducted at the
invitation of the Assistant Secretary of the Army
(Acquisition, Logistics, and Technology) or the invitation of
the

[[Page H8712]]

Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs for the commissions in Colorado
and Kentucky.
``(8) Each commission under this subsection shall be
terminated after the closure activities required pursuant to
regulations prescribed by the Administrator of the
Environmental Protection Agency pursuant to the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) have been completed for
the chemical agent destruction facility in such commission's
State, or upon the request of the Governor of such
commission's State, whichever occurs first.
``(n) Incentive Clauses in Chemical Demilitarization
Contracts.--(1)(A) The Secretary of Defense may, for the
purpose specified in paragraph (B), authorize the inclusion
of an incentives clause in any contract for the destruction
of the United States stockpile of lethal chemical agents and
munitions carried out pursuant to subsection (a).
``(B) The purpose of a clause referred to in subparagraph
(A) is to provide the contractor for a chemical
demilitarization facility an incentive to accelerate the safe
elimination of the United States chemical weapons stockpile
and to reduce the total cost of the Chemical Demilitarization
Program by providing incentive payments for the early
completion of destruction operations and the closure of such
facility.
``(2)(A) An incentives clause under this subsection shall
permit the contractor for the chemical demilitarization
facility concerned the opportunity to earn incentive payments
for the completion of destruction operations and facility
closure activities within target incentive ranges specified
in such clause.
``(B) The maximum incentive payment under an incentives
clause with respect to a chemical demilitarization facility
may not exceed the following amounts:
``(i) In the case of an incentive payment for the
completion of destruction operations within the target
incentive range specified in such clause, $110,000,000.
``(ii) In the case of an incentive payment for the
completion of facility closure activities within the target
incentive range specified in such clause, $55,000,000.
``(C) An incentives clause in a contract under this section
shall specify the target incentive ranges of costs for
completion of destruction operations and facility closure
activities, respectively, as jointly agreed upon by the
contracting officer and the contractor concerned. An
incentives clause shall require a proportionate reduction in
the maximum incentive payment amounts in the event that the
contractor exceeds an agreed-upon target cost if such excess
costs are the responsibility of the contractor.
``(D) The amount of the incentive payment earned by a
contractor for a chemical demilitarization facility under an
incentives clause under this subsection shall be based upon a
determination by the Secretary on how early in the target
incentive range specified in such clause destruction
operations or facility closure activities, as the case may
be, are completed.
``(E) The provisions of any incentives clause under this
subsection shall be consistent with the obligation of the
Secretary of Defense under subsection (d)(1)(A), to provide
for maximum protection for the environment, the general
public, and the personnel who are involved in the destruction
of the lethal chemical agents and munitions.
``(F) In negotiating the inclusion of an incentives clause
in a contract under this subsection, the Secretary may
include in such clause such additional terms and conditions
as the Secretary considers appropriate.
``(3)(A) No payment may be made under an incentives clause
under this subsection unless the Secretary determines that
the contractor concerned has satisfactorily performed its
duties under such incentives clause.
``(B) An incentives clause under this subsection shall
specify that the obligation of the Government to make payment
under such incentives clause is subject to the availability
of appropriations for that purpose. Amounts appropriated for
Chemical Agents and Munitions Destruction, Defense, shall be
available for payments under incentives clauses under this
subsection.
``(o) Definitions.--In this section:
``(1) The term `chemical agent and munition' means an agent
or munition that, through its chemical properties, produces
lethal or other damaging effects on human beings, except that
such term does not include riot control agents, chemical
herbicides, smoke and other obscuration materials.
``(2) The term `Chemical Weapons Convention' means the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, with annexes, done at Paris, January 13, 1993,
and entered into force April 29, 1997 (T. Doc. 103-21).
``(3) The term `lethal chemical agent and munition' means a
chemical agent or munition that is designed to cause death,
through its chemical properties, to human beings in field
concentrations.
``(4) The term `destruction' means, with respect to
chemical munitions or agents--
``(A) the demolishment of such munitions or agents by
incineration or by any other means; or
``(B) the dismantling or other disposal of such munitions
or agents so as to make them useless for military purposes
and harmless to human beings under normal circumstances.''.
(b) Repeal of Laws Restated in Section 1412 and Obsolete
Provisions of Law.--The following provisions of law are
repealed:
(1) Section 125 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1043; 50 U.S.C. 1521 note).
(2) Sections 172, 174, 175, and 180 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2341; 50 U.S.C. 1521 note).
(3) Section 152 of the National Defense Authorization Act
for Fiscal Year 1996 (50 U.S.C. 1521 note).
(4) Section 8065 of the Omnibus Consolidated Appropriations
Act, 1997 (50 U.S.C. 1521 note).
(5) Section 142 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note).
(6) Section 141 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50
U.S.C. 1521 note).
(7) Section 8122 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1566;
50 U.S.C. 1521 note).
(8) Section 923 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2360; 50 U.S.C. 1521 note).
(9) Section 8119 of the Department of Defense
Appropriations Act, 2008 (Public Law 110-116; 121 Stat. 1340;
50 U.S.C. 1521 note).
(10) Section 922(c) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 283;
50 U.S.C. 1521 note).

Subtitle D--Other Matters

SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal
year 2011 from the Armed Forces Retirement Home Trust Fund
the sum of $71,200,000 for the operation of the Armed Forces
Retirement Home.

SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.

(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1409 and available
for the Defense Health Program for operation and maintenance,
$132,000,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated for the Department of
Defense specifically for such transfer.
(b) Use of Transferred Funds.--For purposes of subsection
(b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations
of the Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement pursuant to section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 455).

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

Subtitle A--Authorization of Additional Appropriations

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

Subtitle C--Limitations and Other Matters

[[Page H8713]]

Subtitle A--Authorization of Additional Appropriations

SEC. 1501. PURPOSE.

The purpose of this subtitle is to authorize appropriations
for the Department of Defense for fiscal year 2011 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.

SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft procurement, $1,373,803,000.
(2) For missile procurement, $343,828,000.
(3) For weapons and tracked combat vehicles procurement,
$687,500,000.
(4) For ammunition procurement, $384,441,000.
(5) For other procurement, $5,827,274,000.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $3,465,868,000.

SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement accounts of the Navy and Marine
Corps in amounts as follows:
(1) For aircraft procurement, Navy, $420,358,000.
(2) For weapons procurement, Navy, $93,425,000.
(3) For ammunition procurement, Navy and Marine Corps,
$565,084,000.
(4) For other procurement, Navy, $480,735,000.
(5) For procurement, Marine Corps, $1,705,069,000.

SEC. 1505. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement accounts of the Air Force in
amounts as follows:
(1) For aircraft procurement, $1,096,520,000.
(2) For ammunition procurement, $292,959,000.
(3) For missile procurement, $56,621,000.
(4) For other procurement, $2,992,681,000.

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the procurement account for Defense-wide
activities in the amount of $844,546,000.

SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the procurement of aircraft, missiles, wheeled
and tracked combat vehicles, tactical wheeled vehicles,
ammunition, other weapons, and other procurement for the
reserve components of the Armed Forces in the amount of
$700,000,000.

SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the Mine Resistant Ambush Protected Vehicle
Fund in the amount of $3,415,000,000.

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $150,906,000.
(2) For the Navy, $60,401,000.
(3) For the Air Force, $266,241,000.
(4) For Defense-wide activities, $661,240,000.

SEC. 1510. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $63,202,618,000.
(2) For the Navy, $8,692,173,000.
(3) For the Marine Corps, $4,136,522,000.
(4) For the Air Force, $13,487,283,000.
(5) For Defense-wide activities, $9,436,358,000.
(6) For the Army Reserve, $286,950,000.
(7) For the Navy Reserve, $93,559,000.
(8) For the Marine Corps Reserve, $29,685,000.
(9) For the Air Force Reserve, $129,607,000.
(10) For the Army National Guard, $544,349,000.
(11) For the Air National Guard, $350,823,000.
(12) For the Afghanistan Security Forces Fund,
$11,619,283,000.
(13) For the Iraq Security Forces Fund, $1,500,000,000.
(14) For the Overseas Contingency Operations Transfer Fund,
$506,781,000.

SEC. 1511. MILITARY PERSONNEL.

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

SEC. 1512. WORKING CAPITAL FUNDS.

SEC. 1513. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2011 for expenses, not
otherwise provided for, for the Defense Health Program in the
amount of $1,398,092,000 for operation and maintenance.

SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

SEC. 1515. DEFENSE INSPECTOR GENERAL.

Subtitle B--Financial Matters

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.

SEC. 1522. SPECIAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2011 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.

Subtitle C--Limitations and Other Matters

SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN
AFGHANISTAN SECURITY FORCES FUND.

(a) Application of Existing Limitations.--Funds made
available to the Department of Defense for the Afghanistan
Security Forces Fund for fiscal year 2011 shall be subject to
the conditions contained in subsections (b) through (g) of
section 1513 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428), as
amended by subsection (b) of this section.
(b) Modification of Prior Notice and Reporting
Requirements.--Section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 428) is amended--
(1) in subsection (e), by striking ``five days'' and
inserting ``15 days''; and
(2) in subsection (g), by adding at the end the following
new sentence: ``The Secretary may treat a report submitted
under section 9010 of the Department of Defense
Appropriations Act, 2010 (Public Law 111-118; 123 Stat.
3466), or a successor provision of law, with respect to a
fiscal-year quarter as satisfying the requirements for a
report under this subsection for that fiscal-year quarter.''.

SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN IRAQ
SECURITY FORCES FUND.

(a) Application of Existing Limitations.--Subject to
subsection (b), funds made available to the Department of
Defense for the Iraq Security Forces Fund for fiscal year
2011 shall be subject to the conditions contained in
subsections (b) through (g) of section 1512 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 426), as amended by subsection (d) of this
section.
(b) Cost-share Requirement.--
(1) Requirement.--If funds made available to the Department
of Defense for the Iraq Security Forces Fund for fiscal year
2011 are used for the purchase of any item or service for
Iraq Security Forces, the funds may not cover more than 80
percent of the cost of the item or service.
(2) Exception.--Paragraph (1) does not apply to any item
that the Secretary of Defense determines--
(A) is an item of significant military equipment (as such
term is defined in section 47(9) of the Arms Export Control
Act (22 U.S.C. 2794(9))); or
(B) is included on the United States Munitions List, as
designated pursuant to section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
(c) Limitation on Obligation of Funds Pending Certain
Commitment by Government of Iraq.--
(1) Limitation.--Of the amount available to the Iraq
Security Forces Fund as described in subsection (a), not more
than $1,000,000,000 may be obligated until the Secretary of
Defense certifies to Congress that the Government of Iraq has
demonstrated a commitment to each of the following:
(A) To adequately build the logistics and maintenance
capacity of the Iraqi security forces.
(B) To develop the institutional capacity to manage such
forces independently.
(C) To develop a culture of sustainment for equipment
provided by the United States or acquired with United States
assistance.
(2) Basis for certification.--The certification of the
Secretary under paragraph (1)

[[Page H8714]]

shall include a description of the actions taken by the
Government of Iraq that, in the determination of the
Secretary, support the certification.
(d) Modification of Prior Notice and Reporting
Requirements.--Section 1512 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 426) is amended--
(1) in subsection (e), by striking ``five days'' and
inserting ``15 days''; and
(2) in subsection (g), by adding at the end the following
new sentence: ``The Secretary may treat a report submitted
under section 9010 of the Department of Defense
Appropriations Act, 2010 (Public Law 111-118; 123 Stat.
3466), or a successor provision of law, with respect to a
fiscal-year quarter as satisfying the requirements for a
report under this subsection for that fiscal-year quarter.''.

SEC. 1533. CONTINUATION OF PROHIBITION ON USE OF UNITED
STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN
IRAQ.

Section 1508(a) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4651) shall apply to funds authorized to be
appropriated by this title.

SEC. 1534. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2439), as in effect before the amendments made by
section 1503 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4649), shall apply to the funds made available to
the Department of Defense for the Joint Improvised Explosive
Device Defeat Fund for fiscal year 2011.
(b) Monthly Obligations and Expenditure Reports.--
(1) Reports required.--Not later than 15 days after the end
of each month of fiscal year 2011, the Secretary of Defense
shall provide to the congressional defense committees a
report on the Joint Improvised Explosive Device Defeat Fund
explaining monthly commitments, obligations, and expenditures
by line of action.
(2) Repeal of superseded reporting requirement.--Section
1514 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is
amended by striking subsection (e).

SEC. 1535. TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS
IN AFGHANISTAN AND ECONOMIC TRANSITION PLAN AND
ECONOMIC STRATEGY FOR AFGHANISTAN.

(a) Projects of Task Force for Business and Stability
Operations in Afghanistan.--
(1) In general.--The Task Force for Business and Stability
Operations in Afghanistan may carry out projects to assist
the commander of United States Forces-Afghanistan and the
Ambassador of the United States Mission in Afghanistan to
reduce violence, enhance stability, and support economic
normalcy in Afghanistan through strategic business and
economic activities.
(2) Direction, control, and concurrence.--A project carried
out under paragraph (1) shall be subject to--
(A) the direction and control of the Secretary of Defense;
and
(B) the concurrence of the Secretary of State.
(3) Scope of projects.--The projects carried out under
paragraph (1) may include projects that facilitate private
investment, industrial development, banking and financial
system development, agricultural diversification and
revitalization, and energy development in and with respect to
Afghanistan.
(4) Funding.--The Secretary may use funds available for
overseas contingency operations for operation and maintenance
for the Army for additional activities to carry out projects
under paragraph (1). The amount of funds used under authority
in the preceding sentence may not exceed $150,000,000.
(5) Prohibition on use of certain funds.--Funds provided
for the Commanders' Emergency Response Program may not be
utilized to support or carry out projects of the Task Force
for Business and Stability Operations.
(6) Report.--Not later than October 31, 2011, the Secretary
of Defense shall submit to the appropriate congressional
committees a report describing--
(A) the activities of the Task Force for Business and
Stability Operations in Afghanistan in support of Operation
Enduring Freedom during fiscal year 2011, including the
projects carried out under paragraph (1) during that fiscal
year; and
(B) how the activities of the Task Force for Business and
Stability Operations in Afghanistan support the long-term
stabilization of Afghanistan.
(7) Expiration of authority.--The authority provided in
paragraph (1) shall expire on September 30, 2011.
(b) Plan for Transition of Task Force Activities to Agency
for International Development.--
(1) Plan required.--The Secretary of Defense, the
Administrator of the Agency for International Development,
and the Secretary of State shall jointly develop a plan to
transition the activities of the Task Force for Business and
Stability Operations in Afghanistan to the Department of
State.
(2) Elements of plan.--The plan shall describe at a minimum
the following:
(A) The activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in fiscal
year 2011.
(B) Those activities that the Task Force for Business and
Stability Operations in Afghanistan carried out in fiscal
year 2011 that the Agency for International Development will
continue in fiscal year 2012, including those activities
that, rather than explicitly continued, may be merged with
similar efforts carried out by the Agency for International
Development.
(C) Any activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in fiscal
year 2011 that the Agency for International Development will
not continue and the reasons that such activities shall not
be continued.
(D) Those actions that may be necessary to transition
activities carried out by the Task Force for Business and
Stability Operations in Afghanistan in fiscal year 2011 and
that will be continued by the Agency for International
Development in fiscal year 2012 from the Department of
Defense to the Agency for International Development.
(3) Report required.--At the same time that the budget of
the President is submitted to Congress under section 1105(a)
of title 31, United States Code, for fiscal year 2012, the
Secretary of Defense shall submit the plan to the appropriate
congressional committees.
(c) Report on Economic Strategy for Afghanistan.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President, acting
through the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a
report on an economic strategy for Afghanistan that--
(A) supports the United States counterinsurgency campaign
in Afghanistan;
(B) promotes economic stabilization in Afghanistan,
consistent with a longer-term development plan for
Afghanistan; and
(C) enhances the establishment of sustainable institutions
in Afghanistan.
(2) Elements.--The report shall include the following:
(A) An identification of the sectors within the Afghanistan
economy that offer the greatest economic opportunities to
support the purposes of the economic strategy for Afghanistan
set forth under paragraph (1).
(B) An assessment of the capabilities of the Government of
Afghanistan to increase revenue generation to meet its own
operational and developmental costs in the short-term,
medium-term, and long-term.
(C) An assessment of the infrastructure (water, power,
rail, road) required to underpin economic development in
Afghanistan.
(D) A description of the potential role in the economic
strategy for Afghanistan of each of the following:
(i) Private sector investment, including investment by and
through the Overseas Private Investment Corporation.
(ii) Efforts to promote public-private partnerships.
(iii) National Priority Programs of the Government of
Afghanistan, including the Afghanistan National Solidarity
Program, and public works projects.
(iv) International financial institutions, including the
International Bank for Reconstruction and Development and the
Asian Development Bank.
(v) Efforts to promote trade, including efforts by and
through the Export-Import Bank of the United States.
(vi) Department of Defense policies to promote economic
stabilization and development, including the Afghanistan
First procurement policy and efforts by the Department to
enhance transportation, electrification, and communications
networks both within Afghanistan and between Afghanistan and
neighboring countries.
(E) An evaluation of the regional dimension of an economic
strategy for Afghanistan, including a description of economic
areas suitable for regional collaboration and a
prioritization among such areas for attention under the
strategy.
(F) A timeline and milestones for activities that can
promote economic stabilization, development, and
sustainability in Afghanistan in the short-term, medium-term,
and long-term.
(G) Metrics for assessing progress under the economic
strategy for Afghanistan.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services, Foreign Relations,
and Appropriations of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs, and
Appropriations of the House of Representatives.

TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES

Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements

Sec. 1611. Sexual Assault Prevention and Response Office.

[[Page H8715]]

Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.

Subtitle B--Improved and Expanded Availability of Services

Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.

Subtitle C--Reporting Requirements

Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault
prevention and response program.
Sec. 1632. Additional reports.

SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM AND OTHER
DEFINITIONS.

(a) Sexual Assault Prevention and Response Program
Defined.--In this title, the term ``sexual assault prevention
and response program'' refers to Department of Defense
policies and programs, including policies and programs of a
specific military department or Armed Force, that, as
modified as required by this title--
(1) are intended to reduce the number of sexual assaults
involving members of the Armed Forces, whether members are
the victim, alleged assailant, or both; and
(2) improve the response of the Department of Defense, the
military departments, and the Armed Forces to reports of
sexual assaults involving members of the Armed Forces,
whether members are the victim, alleged assailant, or both,
and to reports of sexual assaults when a covered beneficiary
under chapter 55 of title 10, United States Code, is the
victim.
(b) Other Definitions.--In this title:
(1) The term ``Armed Forces'' means the Army, Navy, Air
Force, and Marine Corps.
(2) The terms ``covered beneficiary'' and ``dependent''
have the meanings given those terms in section 1072 of title
10, United States Code.
(3) The term ``department'' has the meaning given that term
in section 101(a)(6) of title 10, United States Code.
(4) The term ``military installation'' has the meaning
given that term by the Secretary concerned.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy and the Marine Corps; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force.
(6) The term ``sexual assault'' has the definition
developed for that term by the Secretary of Defense pursuant
to subsection (a)(3) of section 577 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 113 note), subject to such
modifications as the Secretary considers appropriate.

SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON
SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

(a) Comprehensive Policy Required.--Not later than March
30, 2012, the Secretary of Defense shall submit to the
congressional defense committees a revised comprehensive
policy for the Department of Defense sexual assault
prevention and response program that--
(1) builds upon the comprehensive sexual assault prevention
and response policy developed under subsections (a) and (b)
of section 577 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
10 U.S.C. 113 note);
(2) incorporates into the sexual assault prevention and
response program the new requirements identified by this
title; and
(3) ensures that the policies and procedures of the
military departments regarding sexual assault prevention and
response are consistent with the revised comprehensive
policy.
(b) Consideration of Task Force Findings, Recommendations,
and Practices.--In developing the comprehensive policy
required by subsection (a), the Secretary of Defense shall
take into account the findings and recommendations found in
the report of the Defense Task Force on Sexual Assault in the
Military Services issued in December 2009.
(c) Sexual Assault Prevention and Response Evaluation
Plan.--
(1) Plan required.--The Secretary of Defense shall develop
and implement an evaluation plan for assessing the
effectiveness of the comprehensive policy prepared under
subsection (a) in achieving its intended outcomes at the
department and individual Armed Force levels.
(2) Role of service secretaries.--As a component of the
evaluation plan, the Secretary of each military department
shall assess the adequacy of measures undertaken at military
installations and by units of the Armed Forces under the
jurisdiction of the Secretary to ensure the safest and most
secure living and working environments with regard to
preventing sexual assault.
(d) Progress Report.--Not later than October 1, 2011, the
Secretary of Defense shall submit to the congressional
defense committees a report--
(1) describing the process by which the comprehensive
policy required by subsection (a) is being revised;
(2) describing the extent to which revisions of the
comprehensive policy and the evaluation plan required by
subsection (c) have already been implemented; and
(3) containing a determination by the Secretary regarding
whether the Secretary will be able to comply with the
revision deadline specified in subsection (a).
(e) Consistency of Terminology, Position Descriptions,
Program Standards, and Organizational Structures.--
(1) In general.--The Secretary of Defense shall require the
use of consistent terminology, position descriptions, minimum
program standards, and organizational structures throughout
the Armed Forces in implementing the sexual assault
prevention and response program.
(2) Minimum standards.--The Secretary of Defense shall
establish minimum standards for--
(A) the training, qualifications, and status of Sexual
Assault Response Coordinators and Sexual Assault Victim
Advocates for the Armed Forces; and
(B) the curricula to be used to provide sexual assault
prevention and response training and education for members of
the Armed Forces and civilian employees of the department to
strengthen individual knowledge, skills, and capacity to
prevent and respond to sexual assault.
(3) Recognizing operational differences.--In complying with
this subsection, the Secretary of Defense shall take into
account the responsibilities of the Secretary concerned and
operational needs of the Armed Force involved.

Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements

SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

(a) Appointment of Director.--There shall be a Director of
the Sexual Assault Prevention and Response Office. During the
development and implementation of the comprehensive policy
for the Department of Defense sexual assault prevention and
response program, the Director shall operate under the
oversight of the Advisory Working Group of the Deputy
Secretary of Defense.
(b) Duties of Director.--The Director of the Sexual Assault
Prevention and Response Office shall--
(1) oversee implementation of the comprehensive policy for
the Department of Defense sexual assault prevention and
response program;
(2) serve as the single point of authority, accountability,
and oversight for the sexual assault prevention and response
program; and
(3) provide oversight to ensure that the military
departments comply with the sexual assault prevention and
response program.
(c) Role of Inspectors General.--
(1) In general.--The Inspector General of the Department of
Defense, the Inspector General of the Army, the Naval
Inspector General, and the Inspector General of the Air Force
shall treat the sexual assault prevention and response
program as an item of special interest when conducting
inspections of organizations and activities with
responsibilities regarding the prevention and response to
sexual assault.
(2) Composition of investigation teams.--The Inspector
General inspection teams shall include at least one member
with expertise and knowledge of sexual assault prevention and
response policies related to a specific Armed Force.
(d) Staff.--
(1) Assignment.--Not later than 18 months after the date of
the enactment of this Act, an officer from each of the Armed
Forces in the grade of O-4 or above shall be assigned to the
Sexual Assault Prevention and Response Office for a minimum
tour length of at least 18 months.
(2) Higher grade.--Notwithstanding paragraph (1), of the
four officers assigned to the Sexual Assault Prevention and
Response Office under this subsection at any time, one
officer shall be in the grade of O-6 or above.

SEC. 1612. OVERSIGHT AND EVALUATION STANDARDS.

(a) Issuance of Standards.--The Secretary of Defense shall
issue standards to assess and evaluate the effectiveness of
the sexual assault prevention and response program of each
Armed Force in reducing the number of sexual assaults
involving members of the Armed Forces and in improving the
response of the department to reports of sexual assaults
involving members of the Armed Forces, whether members of the
Armed Forces are the victim, alleged assailant, or both.
(b) Sexual Assault Prevention Evaluation Plan.--The
Secretary of Defense shall use the sexual assault prevention
and response evaluation plan developed under section 1602(c)
to ensure that the Armed Forces implement and comply with
assessment and evaluation standards issued under subsection
(a).

SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF
CENTRALIZED DEPARTMENT OF DEFENSE SEXUAL
ASSAULT DATABASE.

(a) Report and Plan Required.--Not later than April 1,
2011, the Secretary of Defense

[[Page H8716]]

shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report--
(1) describing the status of development and implementation
of the centralized Department of Defense sexual assault
database required by section 563 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4470; 10 U.S.C. 113 note);
(2) containing a revised implementation plan under
subsection (c) of such section for completing implementation
of the database; and
(3) indicating the date by which the database will be
operational.
(b) Content of Implementation Plan.--The plan referred to
in subsection (a)(2) shall address acquisition best practices
associated with successfully acquiring and deploying
information technology systems related to the centralized
sexual assault database, such as economically justifying the
proposed system solution and effectively developing and
managing requirements.

SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS.

The Secretary of Defense shall clarify the limitations on
the ability of a member of the Armed Forces to make a
restricted report regarding the occurrence of a sexual
assault and the circumstances under which information
contained in a restricted report may no longer be
confidential.

Subtitle B--Improved and Expanded Availability of Services

SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE FOR
VICTIMS OF SEXUAL ASSAULT.

The Secretary of Defense shall establish comprehensive and
consistent protocols for providing and documenting medical
care to a member of the Armed Forces or covered beneficiary
who is a victim of a sexual assault, including protocols with
respect to the appropriate screening, prevention, and
mitigation of diseases. In establishing the protocols, the
Secretary shall take into consideration the gender of the
victim.

SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE
SERVICES.

(a) Availability of Victim Advocate Services.--
(1) Availability.--A member of the Armed Forces or a
dependent, as described in paragraph (2), who is the victim
of a sexual assault is entitled to assistance provided by a
qualified Sexual Assault Victim Advocate.
(2) Covered dependents.--The assistance described in
paragraph (1) is available to a dependent of a member of the
Armed Forces who is the victim of a sexual assault and who
resides on or in the vicinity of a military installation. The
Secretary concerned shall define the term ``vicinity'' for
purposes of this paragraph.
(b) Notice of Availability of Assistance; Opt Out.--The
member or dependent shall be informed of the availability of
assistance under subsection (a) as soon as the member or
dependent seeks assistance from a Sexual Assault Response
Coordinator. The victim shall also be informed that the
services of a Sexual Assault Response Coordinator and Sexual
Assault Victim Advocate are optional and that these services
may be declined, in whole or in part, at any time.
(c) Nature of Reporting Immaterial.--In the case of a
member of the Armed Forces, Victim Advocate services are
available regardless of whether the member elects
unrestricted or restricted (confidential) reporting of the
sexual assault.

Subtitle C--Reporting Requirements

SEC. 1631. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING
MEMBERS OF THE ARMED FORCES AND IMPROVEMENT TO
SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

(a) Annual Reports on Sexual Assaults.--Not later than
March 1, 2012, and each March 1 thereafter through March 1,
2017, the Secretary of each military department shall submit
to the Secretary of Defense a report on the sexual assaults
involving members of the Armed Forces under the jurisdiction
of that Secretary during the preceding year. In the case of
the Secretary of the Navy, separate reports shall be prepared
for the Navy and for the Marine Corps.
(b) Contents.--The report of a Secretary of a military
department for an Armed Force under subsection (a) shall
contain the following:
(1) The number of sexual assaults committed against members
of the Armed Force that were reported to military officials
during the year covered by the report, and the number of the
cases so reported that were substantiated.
(2) The number of sexual assaults committed by members of
the Armed Force that were reported to military officials
during the year covered by the report, and the number of the
cases so reported that were substantiated. The information
required by this paragraph may not be combined with the
information required by paragraph (1).
(3) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the action taken in the
case, including the type of disciplinary or administrative
sanction imposed, if any, including courts-martial sentences,
non-judicial punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice), and
administrative separations.
(4) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by the report
in response to incidents of sexual assault involving members
of the Armed Force concerned.
(5) The number of substantiated sexual assault cases in
which the victim is a deployed member of the Armed Forces and
the assailant is a foreign national, and the policies,
procedures, and processes implemented by the Secretary
concerned to monitor the investigative processes and
disposition of such cases and any actions taken to eliminate
any gaps in investigating and adjudicating such cases.
(6) A description of the implementation of the
accessibility plan implemented pursuant to section 596(b) of
such Act, including a description of the steps taken during
that year to ensure that trained personnel, appropriate
supplies, and transportation resources are accessible to
deployed units in order to provide an appropriate and timely
response in any case of reported sexual assault in a deployed
unit, location, or environment.
(c) Consistent Definition of Substantiated.--Not later than
December 31, 2011, the Secretary of Defense shall establish a
consistent definition of ``substantiated'' for purposes of
paragraphs (1), (2), (3), and (5) of subsection (b) and
provide synopses for those cases for the preparation of
reports under this section.
(d) Submission to Congress.--Not later than April 30 of
each year in which the Secretary of Defense receives reports
under subsection (a), the Secretary of Defense shall forward
the reports to the Committees on Armed Services of the Senate
and House of Representatives, together with--
(1) the results of assessments conducted under the
evaluation plan required by section 1602(c); and
(2) such assessments on the reports as the Secretary of
Defense considers appropriate.
(e) Repeal of Superseded Reporting Requirement.--
(1) Repeal.--Subsection (f) of section 577 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 113 note) is repealed.
(2) Submission of 2010 report.--The reports required by
subsection (f) of section 577 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 113 note) covering calendar
year 2010 are still required to be submitted to the Secretary
of Defense and the Committees on Armed Services of the Senate
and House of Representatives pursuant to the terms of such
subsection, as in effect before the date of the enactment of
this Act.

SEC. 1632. ADDITIONAL REPORTS.

(a) Extension of Sexual Assault Prevention and Response
Services to Additional Persons.--The Secretary of Defense
shall evaluate the feasibility of extending department sexual
assault prevention and response services to Department of
Defense civilian employees and employees of defense
contractors who--
(1) are victims of a sexual assault; and
(2) work on or in the vicinity of a military installation
or with members of the Armed Forces.
(b) Extension of Sexual Assault Prevention and Response
Program to Reserve Components.--The Secretary of Defense
shall evaluate the application of the sexual assault
prevention and response program to members of the reserve
components, including, at a minimum, the following:
(1) The ability of members of the reserve components to
access the services available under the sexual assault
prevention and response program, including policies and
programs of a specific military department or Armed Force.
(2) The quality of training provided to Sexual Assault
Response Coordinators and Sexual Assault Victim Advocates in
the reserve components.
(3) The degree to which the services available for regular
and reserve members under the sexual assault prevention and
response program are integrated.
(4) Such recommendations as the Secretary of Defense
considers appropriate on how to improve the services
available for reserve members under the sexual assault
prevention and response program and their access to the
services.
(c) Copy of Record of Court-martial to Victim of Sexual
Assault.--The Secretary of Defense shall evaluate the
feasibility of requiring that a copy of the prepared record
of the proceedings of a general or special court-martial
involving a sexual assault be given to the victim in cases in
which the victim testified during the proceedings.
(d) Access to Legal Assistance.--The Secretary of Defense
shall evaluate the feasibility of authorizing members of the
Armed Forces who are victims of a sexual assault and
dependents of members who are victims of a sexual assault to
receive legal assistance provided by a military legal
assistance counsel certified as competent to provide legal
assistance related to responding to sexual assault.
(e) Use of Forensic Medical Examiners.--The Secretary of
Defense shall evaluate the feasibility of utilizing, when
sexual assaults involving members of the Armed Forces occur
in a military environment where civilian resources are
limited or unavailable, forensic medical examiners who are
specially trained regarding the collection and preservation
of evidence in cases involving sexual assault.

[[Page H8717]]

(f) Submission of Results.--The Secretary of Defense shall
submit the results of the evaluations required by this
section to the Committees on Armed Services of the Senate and
House of Representatives.

TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

SEC. 1701. SHORT TITLE.

This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.

SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE
RESIDENTS OF GUAM.

(a) Recognition of the Suffering of the Residents of
Guam.--The United States recognizes that, as described by the
Guam War Claims Review Commission, the residents of Guam, on
account of their United States nationality, suffered
unspeakable harm as a result of the occupation of Guam by
Imperial Japanese military forces during World War II, by
being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--
The United States forever will be grateful to the residents
of Guam for their steadfast loyalty to the United States of
America, as demonstrated by the countless acts of courage
they performed despite the threat of death or great bodily
harm they faced at the hands of the Imperial Japanese
military forces that occupied Guam during World War II.

SEC. 1703. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

(a) Payments for Death, Personal Injury, Forced Labor,
Forced March, and Internment.--Subject to the availability of
appropriations authorized to be appropriated under section
1706(a), after receipt of certification pursuant to section
1704(b)(8) and in accordance with the provisions of this
title, the Secretary of the Treasury shall make payments as
follows:
(1) Residents injured.--Before any payments are made to
individuals described in paragraph (2), the Secretary shall
pay compensable Guam victims who are not deceased as follows:
(A) If the victim has suffered an injury described in
subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph (A) but
has suffered an injury described in subsection (c)(2)(B),
$12,000.
(C) If the victim is not described in subparagraph (A) or
(B) but has suffered an injury described in subsection
(c)(2)(C), $10,000.
(2) Survivors of residents who died in war.--In the case of
a compensable Guam decedent, the Secretary shall pay $25,000
for distribution to eligible survivors of the decedent as
specified in subsection (b). The Secretary shall make
payments under this paragraph after payments are made under
paragraph (1).
(b) Distribution of Survivor Payments.--Payments under
paragraph (2) of subsection (a) to eligible survivors of an
individual who is a compensable Guam decedent shall be made
as follows:
(1) If there is living a spouse of the individual, but no
child of the individual, all of the payment shall be made to
such spouse.
(2) If there is living a spouse of the individual and one
or more children of the individual, one-half of the payment
shall be made to the spouse and the other half to the child
(or to the children in equal shares).
(3) If there is no living spouse of the individual, but
there are one or more children of the individual alive, all
of the payment shall be made to such child (or to such
children in equal shares).
(4) If there is no living spouse or child of the individual
but there is a living parent (or parents) of the individual,
all of the payment shall be made to the parent (or to the
parents in equal shares).
(5) If there is no such living spouse, child, or parent, no
payment shall be made.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 1704
to have been a resident of Guam who died or was killed as a
result of the attack and occupation of Guam by Imperial
Japanese military forces during World War II, or incident to
the liberation of Guam by United States military forces, and
whose death would have been compensable under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224) if a
timely claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual determined under section 1704 to
have suffered, as a result of the attack and occupation of
Guam by Imperial Japanese military forces during World War
II, or incident to the liberation of Guam by United States
military forces, any of the following:
(A) Rape or severe personal injury (such as loss of a limb,
dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--The Foreign Claims Settlement Commission shall
promulgate regulations to specify injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).

SEC. 1704. ADJUDICATION.

(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
is authorized to adjudicate claims and determine eligibility
for payments under section 1703.
(2) Rules and regulations.--The chairman of the Foreign
Claims Settlement Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its
functions under this title. Such rules and regulations shall
be published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 1703 unless the individual submits to
the Commission a claim in such manner and form and containing
such information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a
payment under section 1703 shall be filed within one year
after the Foreign Claims Settlement Commission publishes
public notice of the filing period in the Federal Register.
The Foreign Claims Settlement Commission shall provide for
the notice required under the previous sentence not later
than 180 days after the date of the enactment of this title.
In addition, the Commission shall cause to be publicized the
public notice of the deadline for filing claims in newspaper,
radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim shall be by
majority vote, shall be in writing, and shall state the
reasons for the approval or denial of the claim. If approved,
the decision shall also state the amount of the payment
awarded and the distribution, if any, to be made of the
payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from potential payments, amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of
representational services rendered on behalf of any claimant
in connection with any claim filed with the Foreign Claims
Settlement Commission under this title shall exceed one
percent of the total amount paid pursuant to any payment
certified under the provisions of this title on account of
such claim. Any agreement to the contrary shall be unlawful
and void. Whoever demands or receives, on account of services
so rendered, any remuneration in excess of the maximum
permitted by this section shall be fined not more than $5,000
or imprisoned not more than 12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall
be to the Commission, and upon rehearing, the decision in
each claim shall be final, and not subject to further review
by any court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the chairman of the Foreign Claims
Settlement Commission shall certify it to the Secretary of
the Treasury for authorization of a payment under section
1703.
(9) Treatment of affidavits.--For purposes of section 1703
and subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the
material facts required for establishing eligibility of such
individual for payment under such section as establishing a
prima facie case of the individual's eligibility for such
payment without the need for further documentation, except as
the Commission may otherwise require. Such material facts
shall include, with respect to a claim under paragraph (2) or
(3) of section 1703(a), a detailed description of the injury
or other circumstance supporting the claim involved,
including the level of payment sought.
(10) Release of related claims.--Acceptance of payment
under section 1703 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall
be in full satisfaction of all claims related to such
decedent or victim, respectively, arising under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224), the
implementing regulations issued by the United States Navy
pursuant thereto, or this title.

SEC. 1705. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF
GUAM DURING WORLD WAR II.

(a) Establishment.--Subject to section 1706(b) and in
accordance with this section, the Secretary of the Interior
shall establish a grants program under which the Secretary
shall award grants for research, educational, and media
activities that memorialize the events surrounding the
occupation of Guam during World War II, honor the loyalty of
the people of Guam during such occupation, or

[[Page H8718]]

both, for purposes of appropriately illuminating and
interpreting the causes and circumstances of such occupation
and other similar occupations during a war.
(b) Eligibility.--The Secretary of the Interior may not
award to a person a grant under subsection (a) unless such
person submits an application to the Secretary for such
grant, in such time, manner, and form and containing such
information as the Secretary specifies.

SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.

(a) Guam World War II Claims Payments and Adjudication.--
For purposes of carrying out sections 1703 and 1704, there
are authorized to be appropriated $100,000,000, to remain
available for obligation until September 30, 2016, to the
Foreign Claims Settlement Commission. Not more than 5 percent
of funds made available under this subsection shall be used
for administrative costs.
(b) Guam World War II Grants Program.--For purposes of
carrying out section 1705, there are authorized to be
appropriated $5,000,000, to remain available for obligation
until September 30, 2016.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2011''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX of this division
for military construction projects, land acquisition, family
housing projects and facilities, and contributions to the
North Atlantic Treaty Organization Security Investment
Program (and authorizations of appropriations therefor) shall
expire on the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2014.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2014 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program.

SEC. 2003. FUNDING TABLES.

(a) In General.--The amounts authorized to be appropriated
by sections 2104, 2204, 2304, 2403, 2411, 2502, 2606, 2701,
and 2703 shall be available in the amounts specified in the
funding table in section 3001.
(b) Overseas Contingency Operations.--The amounts
authorized to be appropriated by sections 2901, 2902, and
2903 shall be available in the amounts specified in the
funding table in section 3002.

TITLE XXI--ARMY MILITARY CONSTRUCTION

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama.......................... Fort Rucker......... $69,650,000
Alaska........................... Fort Greely......... $26,000,000
Fort Richardson..... $113,238,000
Fort Wainwright..... $173,000,000
California....................... Presidio Monterey... $140,000,000
Colorado......................... Fort Carson......... $106,350,000
Florida.......................... Eglin Air Force Base $6,900,000
Miami-Dade County... $41,000,000
Georgia.......................... Fort Benning........ $145,400,000
Fort Gordon......... $4,150,000
Fort Stewart........ $125,250,000
Hawaii........................... Fort Shafter........ $81,000,000
Schofield Barracks.. $212,000,000
Tripler Army Medical $28,000,000
Center.
Kansas........................... Fort Leavenworth.... $7,100,000
Fort Riley.......... $57,100,000
Kentucky......................... Fort Campbell....... $143,900,000
Fort Knox........... $18,800,000
Louisiana........................ Fort Polk........... $63,250,000
Maryland......................... Aberdeen Proving $14,600,000
Ground.
Fort Meade.......... $32,600,000
Missouri......................... Fort Leonard Wood... $111,700,000
New Mexico....................... White Sands......... $29,000,000
New York......................... Fort Drum........... $228,800,000
U.S. Military $132,324,000
Academy.
North Carolina................... Fort Bragg.......... $310,900,000
Oklahoma......................... Fort Sill........... $13,800,000
McAlester Army $3,000,000
Ammunition Plant.
South Carolina................... Fort Jackson........ $91,000,000
Texas............................ Fort Bliss.......... $149,950,000
Fort Hood........... $145,050,000
Fort Sam Houston.... $22,200,000
Virginia......................... Fort A.P. Hill...... $93,600,000
Fort Eustis......... $18,000,000
Fort Lee............ $18,400,000
Washington....................... Fort Lewis.......... $171,800,000
Yakima Firing Range. $3,750,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan...................... Bagram.............. $101,500,000
Germany.......................... Ansbach............. $31,800,000
Grafenwoehr......... $75,500,000
Rhine Ordnance $35,000,000
Barracks.
Sembach Air Base.... $9,100,000
Wiesbaden Air Base.. $126,500,000
Honduras......................... Soto Cano Air Base.. $20,400,000
Korea............................ Camp Walker......... $19,500,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................. Fort Wainwright............ 110....................... $21,000,000
Germany................................ Baumholder................. 64........................ $34,329,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to

[[Page H8719]]

the construction or improvement of family housing units in an
amount not to exceed $2,040,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(5)(A), the Secretary of the
Army may improve existing military family housing units in an
amount not to exceed $35,000,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION
FUNDS IN CONJUNCTION WITH FUNDS PROVIDED BY THE
COMMONWEALTH OF VIRGINIA TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECT.

(a) Fire Station at Fort Belvoir, Virginia.--Section
2836(d) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1314), as amended by section 2846 of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3527) and section 2849 of
the Military Construction Authorization Act for Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2486), is
further amended--
(1) in paragraph (2), by inserting ``through a project for
construction of an Army standard-design, two-company fire
station at Fort Belvoir, Virginia,'' after ``Building 191'';
and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may use up to $3,900,000 of available,
unobligated Army military construction funds appropriated for
a fiscal year before fiscal year 2011, in conjunction with
the funds provided under paragraph (1), for the project
described in paragraph (2).''.
(b) Congressional Notification.--The Secretary of the Army
shall provide information, in accordance with section 2851(c)
of title 10, United States Code, regarding the project
described in the amendment made by subsection (a). If it
becomes necessary to exceed the estimated project cost of
$8,780,000, including $4,880,000 contributed by the
Commonwealth of Virginia, the Secretary shall utilize the
authority provided by section 2853 of such title regarding
authorized cost and scope of work variations.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2009 PROJECT.

The table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4661) is amended by striking
``Katterbach'' and inserting ``Grafenwoehr''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2010 PROJECT.

In the case of the authorization contained in the table in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2010 (division B of Public Law 111-84;
123 Stat. 2628) for Fort Riley, Kansas, for construction of a
Brigade Complex at the installation, the Secretary of the
Army may construct up to a 40,100 square-feet brigade
headquarters consistent with the Army's construction
guidelines for brigade headquarters.

SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2008 PROJECTS.

(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 503),
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (122 Stat. 504), shall
remain in effect until October 1, 2011, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Stewart............. Unit Operations Facilities.. $16,000,000
Hawaii................................ Schofield Barracks....... Tactical Vehicle Wash $10,200,000
Facility...................
Barracks Complex-Wheeler 205 $51,000,000
Louisiana............................. Fort Polk................ Brigade Headquarters........ $9,800,000
Child Care Facility......... $6,100,000
Missouri.............................. Fort Leonard Wood........ Multipurpose Machine Gun $4,150,000
Range......................
Oklahoma.............................. Fort Sill................ Multipurpose Machine Gun $3,300,000
Range......................
Washington............................ Fort Lewis............... Alternative Fuel Facility... $3,300,000
----------------------------------------------------------------------------------------------------------------

TITLE XXII--NAVY MILITARY CONSTRUCTION

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama.......................... Mobile.............. $29,082,000
Arizona.......................... Marine Corps Air $285,060,000
Station, Yuma.
California....................... Marine Corps Base, $362,124,000
Camp Pendleton.
Naval Base, Coronado $67,160,000
Marine Corps Air $190,610,000
Station, Miramar.
San Diego........... $193,706,000
Marine Corps Base, $53,158,000
Twentynine Palms.
Florida.......................... Blount Island $74,620,000
Command............
Georgia.......................... Naval Submarine $60,664,000
Base, Kings Bay....

[[Page H8720]]

Hawaii........................... Marine Corps Base, $29,960,000
Camp Smith.........
Marine Corps Base, $109,660,000
Kaneohe Bay.
Naval Station, Pearl $108,468,000
Harbor.
Maryland......................... Naval Support $34,328,000
Facility, Indian
Head...............
Naval Air Station, $42,211,000
Patuxent River.
North Carolina................... Marine Corps Base, $789,393,000
Camp Lejeune.
Marine Corps Air $65,510,000
Station, Cherry
Point.
Rhode Island..................... Naval Station, $27,007,000
Newport.
South Carolina................... Marine Corps Air $129,410,000
Station, Beaufort.
Virginia......................... Naval Station, $12,435,000
Norfolk............
Marine Corps Base, $143,632,000
Quantico.
Washington....................... Bangor.............. $56,893,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installation or location outside the United States, and in
the amounts, set forth in the following table:

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Bahrain.......................... Southwest Asia...... $213,153,000
Djibouti......................... Camp Lemonier....... $11,148,000
Guam............................. Naval Activities, $66,730,000
Guam.
Japan............................ Atsugi Naval Air $6,908,000
Facility.
Spain............................ Naval Station, Rota. $23,190,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Cuba................................... Guantanamo Bay................... 71 $37,169,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $3,255,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(5)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $146,020,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount
of $4,068,963,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,865,001,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $321,129,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,877,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $120,050,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$186,444,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $366,346,000.
(6) For the construction of increment 7 of a limited area
production and storage complex at Bangor, Washington,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), $19,116,000.
(7) For the construction of increment 2 of a ship repair
pier replacement at Norfolk Naval Shipyard, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public
Law 111-84; 123 Stat. 2633), $100,000,000.
(8) For the construction of increment 2 of a wharves
improvement at Apra Harbor, Guam, authorized by section
2201(b) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat.
2633), $40,000,000.
(9) For the construction of increment 2 of a tertiary water
treatment plant at Marine Corps Base Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division
B of Public Law 111-84; 123 Stat. 2632), $30,000,000.

SEC. 2205. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT
FISCAL YEAR 2010 PROJECT.

Section 2204 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2634) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(14) For the construction of the first increment of a
tertiary water treatment plant at Marine Corps Base, Camp
Pendleton, California, authorized by section 2201(a),
$112,330,000.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(7) $30,000,000 (the balance of the amount authorized
under section 2201(a) for North Region Tertiary Treatment
Plant, Camp Pendleton, California).''.

SEC. 2206. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2008 PROJECT.

(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 503), the
authorization set forth in the table in subsection (b), as
provided in section 2201(c) of that Act (122 Stat. 511),
shall remain in effect until October 1, 2011, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide............................. Unspecified.............. Host Nation Infrastructure.. $2,700,000
----------------------------------------------------------------------------------------------------------------

[[Page H8721]]

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama.......................... Maxwell Air Force $13,400,000
Base.
Alaska........................... Eielson Air Force $28,000,000
Base.
Elmendorf Air Force $30,274,000
Base.
Arizona.......................... Davis-Monthan Air $48,500,000
Force Base.
Luke Air Force Base. $64,410,000
Colorado......................... Buckley Air Force $12,160,000
Base.
Peterson Air Force $24,800,000
Base.
U.S. Air Force $27,600,000
Academy.
Delaware......................... Dover Air Force Base $3,200,000
District of Columbia............. Bolling Air Force $13,200,000
Base.
Florida.......................... Eglin Air Force Base $11,400,000
Hurlburt Field...... $34,670,000
Patrick Air Force $158,009,000
Base.
Louisiana........................ Barksdale Air Force $18,140,000
Base...............
Nevada........................... Creech Air Force $11,710,000
Base.
Nellis Air Force $51,640,000
Base.
New Jersey....................... McGuire Air Force $26,440,000
Base...............
New Mexico....................... Cannon Air Force $34,000,000
Base.
Holloman Air Force $37,970,000
Base.
Kirtland Air Force $24,402,000
Base.
New York......................... Fort Drum........... $20,440,000
North Dakota..................... Minot Air Force Base $18,770,000
Oklahoma......................... Tinker Air Force $14,000,000
Base...............
South Carolina................... Charleston Air Force $15,000,000
Base...............
Texas............................ Dyess Air Force Base $4,080,000
Lackland Air Force $127,280,000
Base.
Utah............................. Hill Air Force Base. $14,900,000
Virginia......................... Langley Air Force $8,800,000
Base.
Wyoming.......................... Camp Guernsey....... $4,650,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan...................... Bagram.............. $42,960,000
Bahrain.......................... SW Asia............. $45,000,000
Germany.......................... Kapaun.............. $19,600,000
Ramstein Air Base... $22,354,000
Vilseck............. $12,900,000
Guam............................. Andersen Air Force $50,300,000
Base.
Italy............................ Aviano Air Base..... $29,200,000
Korea............................ Kunsan Air Base..... $7,500,000
Qatar............................ Al Udeid............ $62,300,000
United Kingdom................... RAF Mildenhall...... $15,000,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the
Air Force may carry out architectural and engineering
services and construction design activities with respect to
the construction or improvement of family housing units in an
amount not to exceed $4,225,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(5)(A), the Secretary of the
Air Force may improve existing military family housing units
in an amount not to exceed $73,800,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total
amount of $1,885,112,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $901,845,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $307,114,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$18,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,336,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$78,025,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $513,792,000.

SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2007 PROJECT.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2463),
authorization set forth in the table in subsection (b), as
provided in section 2302 of that Act (120 Stat. 2455) and
extended by section 2306 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public
Law 111-84; 123 Stat. 2638), shall remain in effect until
October 1, 2011, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base.................... units).....................
----------------------------------------------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A--Defense Agency Authorizations

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.

Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:

[[Page H8722]]

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Arizona.......................... Yuma Proving Ground. $8,977,000
California....................... Point Magu Naval $3,100,000
Base.
Colorado......................... Fort Carson......... $3,717,000
District of Columbia............. Bolling Air Force $3,000,000
Base.
Florida.......................... Eglin Air Force Base $6,030,000
Georgia.......................... Augusta............. $12,855,000
Fort Benning........ $26,865,000
Fort Stewart........ $35,100,000
Hunter Air National $2,400,000
Guard Station......
Hunter Army Airfield $3,318,000
Hawaii........................... Hickam Air Force $8,500,000
Base...............
Pearl Harbor........ $28,804,000
Idaho............................ Mountain Home Air $27,500,000
Force Base.........
Illinois......................... Scott Air Force Base $1,388,000
Kentucky......................... Fort Campbell....... $38,095,000
Maryland......................... Andrews Air Force $14,000,000
Base...............
Bethesda Naval $80,000,000
Hospital.
Fort Detrick........ $45,700,000
Fort Meade.......... $219,360,000
Massachusetts.................... Hanscom Air Force $2,900,000
Base...............
New Mexico....................... Cannon Air Force $116,225,000
Base.
White Sands Missile $22,900,000
Range.
New York......................... United States $27,960,000
Military Academy...
North Carolina................... Camp Lejeune........ $16,646,000
Fort Bragg.......... $168,693,000
Ohio............................. Defense Supply $7,400,000
Center, Columbus...
Pennsylvania..................... Defense Distribution $96,000,000
Depot New
Cumberland.........
Texas............................ Lackland Air Force $162,500,000
Base.
Virginia......................... Craney Island....... $58,000,000
Fort Belvoir........ $6,300,000
Pentagon Reservation $63,324,000
Marine Corps Base, $47,355,000
Quantico.
Washington....................... Fort Lewis.......... $8,400,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:

Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Belgium.......................... Brussels............ $99,174,000
Germany.......................... Katterbach.......... $37,100,000
Panzer Kaserne...... $48,968,000
Vilseck............. $34,800,000
Japan............................ Kadena Air Base..... $3,000,000
Misawa Air Base..... $31,000,000
Korea............................ Camp Carroll........ $19,500,000
Puerto Rico...................... Fort Buchanan....... $58,708,000
Qatar............................ Al Udeid............ $1,961,000
United Kingdom................... Menwith Hill Station $2,000,000
Royal Air Force $30,308,000
Alconbury.
Royal Air Force $15,900,000
Mildenhall.
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

(a) Projects Authorized.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(6), the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United
States Code, in the amount of $120,000,000.
(b) Availability of Funds for Reserve Component Projects.--
Of the amount authorized to be appropriated by section
2403(6) for energy conservation projects, the Secretary of
Defense shall reserve a portion of the amount for energy
conservation projects for the reserve components in an amount
that is not less than an amount that bears the same
proportion to the total amount authorized to be appropriated
as the total quantity of energy consumed by reserve
facilities (as defined in section 18232(2) of title 10,
United States Code) during fiscal year 2010 bears to the
total quantity of energy consumed by all military
installations (as defined in section 2687(e)(1) of such
title) during that fiscal year, as determined by the
Secretary.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, for military
construction, land acquisition, and military family housing
functions of the Department of Defense (other than the
military departments) in the total amount of $3,116,137,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $1,373,312,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $382,419,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$42,856,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $431,617,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $120,000,000.
(7) For military family housing functions:
(A) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $50,464,000.
(B) For credits to the Department of Defense Family Housing
Improvement Fund under section 2883 of title 10, United
States Code, and the Homeowners Assistance Fund established
under section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374),
$17,611,000.
(8) For the construction of increment 5 of the Army Medical
Research Institute of Infectious Diseases Stage I at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$17,400,000.
(9) For the construction of increment 3 of replacement fuel
storage facilities at Point Loma Annex, California,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 521), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2646),
$20,000,000.
(10) For the construction of increment 3 of the United
States Army Medical Research Institute of Chemical Defense
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4689), $105,000,000.
(11) For the construction of increment 3 of a National
Security Agency data center at Camp Williams, Utah,
authorized as a Military Construction, Defense-Wide project
by the Supplemental Appropriations Act, 2009 (Public Law 111-
32; 123 Stat. 1888), $398,358,000.
(12) For the construction of increment 2 of the hospital at
Fort Bliss, Texas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2642),
$147,100,000.

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2010 PROJECTS.

(a) Authorization of Project for Which Funds Have Been
Appropriated.--
(1) Authorization.--The table relating to the Missile
Defense Agency in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division
B of Public Law 111-84; 123 Stat. 2641) is amended by adding
at the end the following:

------------------------------------------------------------------------

------------------------------------------------------------------------
Worldwide Unspecified............ Range Facility...... $68,500,000
------------------------------------------------------------------------

(2) Authorization of appropriations.--Section 2404(a)(1) of
that Act (123 Stat. 2644) is amended by striking
``$1,048,783,000'' and inserting ``$1,117,283,000''.
(3) Project description.--In the case of the authorization
contained in the amendment made by paragraph (1), the
authorized project relates to an Aegis ashore test facility
for which funds were made available by title I of the
Military Construction and Veterans Affairs and Related
Agencies Appropriations Act, 2010 (division E of Public Law
111-117; 123 Stat. 3286) under the heading ``Military
Construction, Defense-Wide''.
(b) Purpose of Fort Bragg Project.--In the case of the
authorization contained in the table relating to the TRICARE
Management Activity in section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2010 (division
B of Public Law 111-84; 123 Stat. 2642) for Fort Bragg, North
Carolina, for construction of a Health Clinic at

[[Page H8723]]

the installation, the Secretary of Defense may construct a
Behavioral Health clinic that predominantly provides
behavioral health specialty care.

Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, for military
construction and land acquisition for chemical
demilitarization in the total amount of $124,971,000, as
follows:
(1) For the construction of phase 12 of a chemical
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as
amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 839), section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2698), and section 2413 of
the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4697),
$65,569,000.
(2) For the construction of phase 11 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section
2405 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), and section 2414 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4697), and section 2412 of this Act,
$59,402,000.

SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.

(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 835), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298), section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), and section 2414 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4697), is
amended--
(1) in the item relating to Blue Grass Army Depot,
Kentucky, by striking ``$492,000,000'' in the amount column
and inserting ``$746,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,203,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298), section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), and section 2414 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4697), is
further amended by striking ``$469,200,000'' and inserting
``$723,200,000''.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $258,884,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2606(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the Army
National Guard locations inside the United States, and in the
amounts, set forth in the following table:

Army National Guard: Inside the United States
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Arizona.......................... Florence............ $16,500,000
Arkansas......................... Camp Robinson....... $30,000,000
Fort Chaffee........ $21,500,000
California....................... Camp Roberts........ $19,000,000
Colorado......................... Colorado Springs.... $20,000,000
Fort Carson......... $40,000,000
Gypsum.............. $39,000,000
Windsor............. $7,500,000
Connecticut...................... Windsor Locks....... $41,000,000
Delaware......................... New Castle.......... $27,000,000
Georgia.......................... Cumming............. $17,000,000
Dobbins Air Reserve $10,400,000
Base.
Hawaii........................... Kalaeloa............ $38,000,000
Idaho............................ Gowen Field......... $17,500,000
Mountain Home....... $6,300,000
Illinois......................... Springfield......... $15,000,000
Kansas........................... Wichita............. $67,000,000
Kentucky......................... Burlington.......... $19,500,000
Louisiana........................ Fort Polk........... $5,500,000
Minden.............. $28,000,000
Maryland......................... St. Inigoes......... $5,500,000
Massachusetts.................... Hanscom Air Force $23,000,000
Base...............
Michigan......................... Camp Grayling Range. $19,000,000
Minnesota........................ Arden Hills......... $29,000,000
Camp Ripley......... $8,750,000
Nebraska......................... Lincoln............. $3,300,000
Mead................ $11,400,000
New Hampshire.................... Pembroke............ $36,000,000
New Mexico....................... Farmington.......... $8,500,000
North Carolina................... High Point.......... $1,551,000
North Dakota..................... Camp Grafton........ $11,200,000
Rhode Island..................... East Greenwich...... $27,000,000
South Dakota..................... Watertown........... $25,000,000
Texas............................ Camp Maxey.......... $2,500,000
Camp Swift.......... $2,600,000
Washington....................... Tacoma.............. $25,000,000
West Virginia.................... Moorefield.......... $14,200,000
Morgantown.......... $21,000,000
Wisconsin........................ Madison............. $5,700,000
Wyoming.......................... Laramie............. $14,400,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2606(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the Army
National Guard locations outside the United States, and in
the amounts, set forth in the following table:

Army National Guard: Outside the United States
------------------------------------------------------------------------
Country Location Amount
------------------------------------------------------------------------
Guam............................. Barrigada........... $19,000,000
Virgin Islands................... St. Croix........... $25,000,000
Puerto Rico...................... Camp Santiago....... $12,300,000
------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:

Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California....................... Fairfield........... $26,000,000
Fort Hunter Liggett. $52,000,000
Florida.......................... North Fort Myers.... $13,800,000
Orlando............. $10,200,000
Tallahasee.......... $10,400,000
Georgia.......................... Macon............... $11,400,000

[[Page H8724]]

Illinois......................... Quincy.............. $12,200,000
Indiana.......................... Michigan City....... $15,500,000
Iowa............................. Des Moines.......... $8,175,000
Massachusetts.................... Devens Reserve $4,700,000
Forces Training
Area...............
Missouri......................... Belton.............. $11,800,000
New Mexico....................... Las Cruces.......... $11,400,000
New York......................... Binghamton.......... $13,400,000
Texas............................ Denton.............. $12,600,000
Rio Grande.......... $6,100,000
San Marcos.......... $8,500,000
Virginia......................... Fort A.P. Hill...... $15,500,000
Fort Story.......... $11,000,000
Roanoke............. $14,800,000
Wisconsin........................ Fort McCoy.......... $19,800,000
------------------------------------------------------------------------

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

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy
may acquire real property and carry out military construction
projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set
forth in the following table:

Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California....................... Marine Corps Base, $5,991,000
Twentynine Palms...
Louisiana........................ New Orleans......... $16,281,000
Virginia......................... Williamsburg........ $21,346,000
Washington....................... Yakima.............. $13,844,000
------------------------------------------------------------------------

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

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4), the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in
the following table:

Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama.......................... Montgomery Regional $7,472,000
Airport (ANG)......
Arizona.......................... Davis Monthan Air $4,650,000
Force Base.
Fort Huachuca....... $11,000,000
Delaware......................... New Castle County $1,500,000
Airport.
Florida.......................... Jacksonville $6,700,000
International
Airport.
Georgia.......................... Savannah/Hilton Head $7,450,000
International
Airport............
Hawaii........................... Hickam Air Force $71,450,000
Base.
Illinois......................... Capital Municipal $16,700,000
Airport.
Indiana.......................... Hulman Regional $4,100,000
Airport.
Maryland......................... Martin State Airport $11,400,000
New York......................... Fort Drum........... $2,500,000
Stewart $14,250,000
International
Airport.
North Carolina................... Stanly County $2,000,000
Airport.
Pennsylvania..................... State College Air $4,100,000
National Guard
Station............
Tennessee........................ Nashville $5,500,000
International
Airport.
Texas............................ Ellington Field..... $7,000,000
------------------------------------------------------------------------

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

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(5), the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the Air Force Reserve location
inside the United States, and in the amount, set forth in the
following table:

Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Florida.......................... Patrick Air Force $3,420,000
Base.
------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States, $873,664,000.
(2) For the Department of the Army, for the Army Reserve,
$318,175,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $61,557,000.
(4) For the Department of the Air Force, for the Air
National Guard of the United States, $194,986,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $7,832,000.

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2008 PROJECTS.

(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 503), the
authorization set forth in the tables in subsection (b), as
provided in section 2601 and 2604 of that Act, shall remain
in effect until October 1, 2011, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 2012, whichever is later.
(b) Table.--The tables referred to in subsection (a) are as
follows:

Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... East Fallowfield Readiness Center (SBCT).......... $ 8,300,000
Township...............
----------------------------------------------------------------------------------------------------------------

Air National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Vermont............................... Burlington.............. Base Security Improvements....... $ 6,600,000
----------------------------------------------------------------------------------------------------------------

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.

[[Page H8725]]

note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act,
in the total amount of $360,474,000, as follows:
(1) For the Department of the Army, $73,600,000.
(2) For the Department of the Navy, $162,000,000.
(3) For the Department of the Air Force, $124,874,000.

SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may
carry out base realignment and closure activities, including
real property acquisition and military construction projects,
as authorized by the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $2,354,285,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 2005 established by section 2906A of such Act, in the
total amount of $2,354,285,000.

SEC. 2704. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER
FORT BELVOIR, VIRGINIA, BRAC INITIATIVE.

(a) Submission of Transportation Plan.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of the Army shall submit to the congressional
defense committees a transportation plan for the BRAC 133
project.
(b) Transportation Plan Conditions.--The transportation
plan for the BRAC 133 project must address ingress and egress
of all personnel to and from the BRAC 133 project site. The
transportation plan shall also assess the costs and
programming of short-, medium-, and long-term projects, and
the use of other methods of transportation, that are
necessary to maintain existing level of service, and the
proposed funding source to obtain such levels of service, at
the following six intersections
(1) The intersection of Beauregard Street and Mark Center
Drive.
(2) The intersection of Beauregard Street and Seminary
Road.
(3) The intersection of Seminary Road and Mark Center
Drive.
(4) The intersection of Seminary Road and the northbound
entrance-ramp to I-395.
(5) The intersection of Seminary Road and the northbound
exit-ramp from I-395.
(6) The intersection of Seminary Road and the southbound
exit-ramp from I-395.
(c) Inspector General Report.--Not later than September 15,
2011, the Inspector General of the Department of Defense
shall submit to the congressional defense committees a report
evaluating the sufficiency and coordination conducted in
completing the requisite environmental studies associated
with the site selection of the BRAC 133 project pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.). The Inspector General shall give specific attention
to the transportation determinations associated with the BRAC
133 project and review and provide comment on the
transportation plan for the BRAC 133 project and the plan's
adherence to the conditions imposed by subsection (b).
(d) Definitions.--In this section:
(1) The term ``BRAC 133 project'' refers to the proposed
office complex to be developed at an established mixed-use
business park in Alexandria, Virginia, to implement
recommendation 133 of the Defense Base Closure and
Realignment Commission contained in the report of the
Commission transmitted to Congress on September 15, 2005,
under section 2903(e) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(2) The term ``level of service'' has the meaning given
that term in the most-recent Highway Capacity Manual of the
Transportation Research Board.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Subtitle B--Real Property and Facilities Administration

Subtitle C--Provisions Related to Guam Realignment

Subtitle D--Energy Security

Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.

Subtitle E--Land Conveyances

Subtitle F--Other Matters

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION INFORMATION
ON INTERNET.

(a) Modification of Information Required to Be Provided.--
Paragraph (2) of subsection (c) of section 2851 of title 10,
United States Code, is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (F) and (G), respectively.
(b) Expanded Availability of Information.--Such subsection
is further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(c) Conforming Amendments.--Such subsection is further
amended--
(1) in paragraph (1), by striking ``that, when activated by
a person authorized under paragraph (3), will permit the
person'' and inserting ``that will permit a person''; and
(2) in paragraph (3), as redesignated by subsection
(b)(2)--
(A) by striking ``to the persons referred to in paragraph
(3)'' and inserting ``on the Internet site required by such
paragraph''; and
(B) by striking ``to such persons''.

SEC. 2802. USE OF PENTAGON RESERVATION MAINTENANCE REVOLVING
FUND FOR CONSTRUCTION OR ALTERATION AT PENTAGON
RESERVATION.

Section 2674(e) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``Monies'' and inserting
``Subject to paragraphs (3) and (4), monies''; and
(2) by adding at the end the following new paragraphs:
``(3) If the cost of a construction or alteration activity
proposed to be financed in whole or in part using monies from
the Fund

[[Page H8726]]

will exceed the limitation specified in section 2805 of this
title for a comparable unspecified minor military
construction project, the activity shall be subject to
authorization as provided by section 2802 of this title
before monies from the Fund are obligated for the activity.
``(4) The authority of the Secretary to use monies from the
Fund to support construction or alteration activities at the
Pentagon Reservation expires on September 30, 2012.''.

SEC. 2803. REDUCED REPORTING TIME LIMITS FOR CERTAIN MILITARY
CONSTRUCTION AND REAL PROPERTY REPORTS WHEN
SUBMITTED IN ELECTRONIC MEDIA.

(a) Conveyance of Property for Natural Resource
Conservation.--Section 2694a(e) of title 10 United States
Code, is amended by inserting before the period at the end
the following: ``or, if earlier, a period of 14 days has
elapsed from the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
this title''.
(b) NATO Security Investment Contributions.--Section
2806(c)(2)(B) of such title is amended by inserting before
the period at the end the following: ``or, if earlier, a
period of 14 days has elapsed from the date on which a copy
of the report is provided in an electronic medium pursuant to
section 480 of this title''.
(c) Ford Island Development.--Section 2814(g)(2) of such
title is amended by inserting before the period at the end
the following: ``or, if earlier, a period of 20 days has
elapsed from the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
this title''.
(d) Leasing of Military Family Housing.--Section 2828(f)(2)
of such title is amended by inserting before the period at
the end the following: ``or, if earlier, a period of 14 days
has elapsed from the date on which a copy of the notification
is provided in an electronic medium pursuant to section 480
of this title''.
(e) Leasing of Military Family Housing to Be Constructed.--
Section 2835(g)(2) of such title is amended--
(1) by striking ``calendar''; and
(2) by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has elapsed
from the date on which a copy of the analysis is provided in
an electronic medium pursuant to section 480 of this title''.
(f) Acquisition or Construction of Military Unaccompanied
Housing.--Section 2881a(e)(2) of such title is amended by
inserting before the period at the end the following: ``or,
if earlier, a period of 20 days has elapsed from the date on
which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title''.
(g) Use of Military Construction Alternative Authority.--
Section 2884(a)(4) of such title is amended by inserting
before the period at the end the following: ``or, if earlier,
a period of 20 days has elapsed from the date on which a copy
of the report is provided in an electronic medium pursuant to
section 480 of this title''.

SEC. 2804. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES CENTRAL COMMAND AREA OF RESPONSIBILITY.

(a) Inclusion of Area Formerly Within United States Central
Command Area of Responsibility.--Subsection (a) of section
2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as amended by subsections (a) and (b) of section 2806
of the Military Construction Authorization Act for Fiscal
Year 2010 (division B of Public Law 111-84; 123 Stat. 2662),
is amended by striking ``United States Central Command area
of responsibility'' and inserting ``area of responsibility of
the United States Central Command or the area of
responsibility and area of interest of Combined Task Force-
Horn of Africa''.
(b) Annual Limitation on Use of Authority in Afghanistan.--
Subsection (c)(2) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as amended by
section 2806(c) of the Military Construction Authorization
Act for Fiscal Year 2010 (division B of Public Law 111-84;
123 Stat. 2663), is amended--
(1) by striking ``$300,000,000 in funds available for
operation and maintenance for fiscal year 2010 may be used in
Afghanistan upon completing the prenotification requirements
under subsection (b)'' and inserting ``$100,000,000 in funds
available for operation and maintenance for fiscal year 2011
may be used in Afghanistan subject to the notification
requirements under subsection (b)''; and
(2) by striking ``$500,000,000'' and inserting
``$300,000,000''.
(c) One-year Extension of Authority.--Subsection (h) of
section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as added by section 2806(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division
B of Public Law 111-84; 123 Stat. 2662), is amended--
(1) in paragraph (1), by striking ``September 30, 2010''
and inserting ``September 30, 2011''; and
(2) in paragraph (2), by striking ``fiscal year 2011'' and
inserting ``fiscal year 2012''.
(d) Definition.--Section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723) is amended by adding at the end
the following new subsection:
``(i) Definitions.--In this section:
``(1) The term `area of responsibility', with respect to
the Combined Task Force-Horn of Africa, is Kenya, Somalia,
Ethiopia, Sudan, Eritrea, Djibouti, and Seychelles.
``(2) The term `area of interest', with respect to the
Combined Task Force-Horn of Africa, is Yemen, Tanzania,
Mauritius, Madagascar, Mozambique, Burundi, Rwanda, Comoros,
Chad, the Democratic Republic of Congo, and Uganda.''.

SEC. 2805. SENSE OF CONGRESS AND REPORT REGARDING EMPLOYMENT
OF VETERANS TO WORK ON MILITARY CONSTRUCTION
PROJECTS.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should establish a Veterans to Work
program to provide an opportunity for apprentices, who are
also veterans, to work on military construction projects.
(b) Report.--
(1) Report required.--Not later than 180 days after
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes at a minimum the following:
(A) An assessment of the number of unemployed apprentices,
who are also veterans, with data presented by appropriate age
groupings.
(B) An evaluation of benefits to be derived from
establishing a program to employ apprentices, who are also
veterans, in military construction projects, including the
impacts of the program on the following:
(i) Workforce sustainability.
(ii) Workforce skills enhancement.
(iii) Short- and long-term cost-effectiveness.
(iv) Improved veteran employment in sustainable wage
fields.
(C) Any challenges, difficulties, or problems projected in
recruiting apprentices, who are also veterans.
(2) Consultation.--The Secretary of Defense shall prepare
the report in consultation with the Secretary of Labor and
the Secretary of Veterans Affairs.
(c) Definitions.--In this section:
(1) The term ``apprentice'' means an individual who is
employed pursuant to, and individually registered in, a
qualified apprenticeship program.
(2) The term ``qualified apprenticeship program'' means an
apprenticeship or other training program that qualifies as an
employee welfare benefit plan, as defined in section 3(1) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(1)).
(3) The term ``veteran'' has the meaning given such term in
section 101(2) of title 38, United States Code.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL
PROPERTY TRANSACTIONS.

(a) Exception for Leases Under Base Closure Process.--
Subsection (a)(1)(C) of section 2662 of title 10, United
States Code, is amended by inserting after ``United States''
the following: ``(other than a lease or license entered into
under section 2667(g) of this title)''.
(b) Repeal of Annual Report on Minor Real Estate
Transactions.--Subsection (b) of such section is repealed.
(c) Geographic Scope of Requirements.--Subsection (c) of
such section is amended--
(1) by striking ``Geographic Scope; Excepted'' and
inserting ``Excepted'';
(2) by striking the first sentence; and
(3) by striking ``It does not'' and inserting ``This
section does not''.
(d) Repeal of Notice and Wait Requirement Regarding GSA
Leases of Space for DOD.--Subsection (e) of such section is
repealed.
(e) Additional Reporting Requirements Regarding Leases of
Real Property Owned by the United States.--Such section is
further amended by inserting after subsection (a) the
following new subsection:
``(b) Additional Reporting Requirements Regarding Leases of
Real Property Owned by the United States.--(1) In the case of
a proposed lease or license of real property owned by the
United States covered by paragraph (1)(C) of subsection (a),
the Secretary concerned shall comply with the notice-and-wait
requirements of paragraph (3) of such subsection before--
``(A) issuing a contract solicitation or other lease
offering with regard to the transaction; and
``(B) providing public notice regarding any meeting to
discuss a proposed contract solicitation with regard to the
transaction.
``(2) The report under paragraph (3) of subsection (a)
shall include the following with regard to a proposed
transaction covered by paragraph (1)(C) of such subsection:
``(A) A description of the proposed transaction, including
the proposed duration of the lease or license.
``(B) A description of the authorities to be used in
entering into the transaction.
``(C) A statement of the scored cost of the entire
transaction, determined using the scoring criteria of the
Office of Management and Budget.
``(D) A determination that the property involved in the
transaction is not excess property, as required by section
2667(a)(3) of this title, including the basis for the
determination.
``(E) A determination that the proposed transaction is
directly compatible with the mission of the military
installation or Defense Agency at which the property is
located and a description of the anticipated

[[Page H8727]]

long-term use of the property at the conclusion of the lease
or license.
``(F) A description of the requirements or conditions
within the contract solicitation or other lease offering for
the person making the offer to address taxation issues,
including payments-in-lieu-of taxes, and other development
issues related to local municipalities.
``(G) If the proposed lease involves a project related to
energy production, a certification by the Secretary of
Defense that the project, as it will be specified in the
contract solicitation or other lease offering, is consistent
with the Department of Defense performance goals and plan
required by section 2911 of this title.
``(3) The Secretary concerned may not enter into the actual
lease or license with respect to property for which the
information required by paragraph (2) was submitted in a
report under subsection (a)(3) unless the Secretary again
complies with the notice-and-wait requirements of such
subsection. The subsequent report shall include the following
with regard to the proposed transaction:
``(A) A cross reference to the prior report that contained
the information submitted under paragraph (2) with respect to
the transaction.
``(B) A description of the differences between the
information submitted under paragraph (2) and the information
regarding the transaction being submitted in the subsequent
report.
``(C) A description of the payment to be required in
connection with the lease or license, including a description
of any in-kind consideration that will be accepted.
``(D) A description of any community support facility or
provision of community support services under the lease or
license, regardless of whether the facility will be operated
by a covered entity (as defined in section 2667(d) of this
title) or the lessee or the services will be provided by a
covered entity or the lessee.
``(E) A description of the competitive procedures used to
select the lessee or, in the case of a lease involving the
public benefit exception authorized by section 2667(h)(2) of
this title, a description of the public benefit to be served
by the lease.''.
(f) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the Secretary submits''
in the matter preceding subparagraph (A) and inserting ``the
Secretary concerned submits''; and
(B) in paragraph (3), by striking ``the Secretary of a
military department or the Secretary of Defense'' and
inserting ``the Secretary concerned'';
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively;
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``, and the reporting
requirement set forth in subsection (e) shall not apply with
respect to a real property transaction otherwise covered by
that subsection,'';
(B) in paragraph (3), by striking ``or (e), as the case may
be''; and
(C) by striking paragraph (4); and
(4) by adding at the end the following new subsection:
``(g) Secretary Concerned Defined.--In this section, the
term `Secretary concerned' includes, with respect to Defense
Agencies, the Secretary of Defense.''.
(g) Conforming Amendments to Lease of Non-excess Property
Authority.--Section 2667 of such title is amended--
(1) in subsection (c), by striking paragraph (4);
(2) in subsection (d), by striking paragraph (6);
(3) in subsection (e)(1), by striking subparagraph (E); and
(4) in subsection (h)--
(A) by striking paragraphs (3) and (5); and
(B) by redesignating paragraph (4) as paragraph (3).

SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM LEASES OF
NON-EXCESS PROPERTY INVOLVING MILITARY MUSEUMS.

Section 2667(e)(1) of title 10, United States Code, as
amended by section 2811(g), is amended by inserting after
subparagraph (D) the following new subparagraph (E):
``(E) If the proceeds deposited in the special account
established for the Secretary concerned are derived from
activities associated with a military museum described in
section 489(a) of this title, the proceeds shall be available
for activities described in subparagraph (C) only at that
museum.''.

SEC. 2813. LIMITATION ON ENHANCED USE LEASES OF NON-EXCESS
PROPERTY.

(a) In General.--Section 2667(b)(7) of title 10, United
States Code, is amended by striking the period at the end and
inserting ``, or otherwise commit the Secretary concerned or
the Department of Defense to annual payments in excess of
such amount.''.
(b) Armed Forces Retirement Home.--Section 1511(i)(2) of
the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
411(i)(2)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) may not provide for a leaseback by the Retirement
Home with an annual payment in excess of $100,000, or
otherwise commit the Retirement Home or the Department of
Defense to annual payments in excess of such amount.''.

SEC. 2814. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR
SPECIAL OPERATIONS ACTIVITIES.

(a) Repeal.--Section 2680 of title 10, United States Code,
is repealed.
(b) Effect of Repeal.--The amendment made by subsection (a)
shall not affect the validity of any contract entered into
under section 2680 of title 10, United States Code, on or
before September 30, 2005.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the item relating to section 2680.

SEC. 2815. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND,
PUERTO RICO.

(a) Study Required.--At the request of the Commonwealth of
Puerto Rico, the Secretary of Defense shall conduct a study
relating to the presence of unexploded ordnance in a portion
of the former bombardment area at Culebra Island, Puerto
Rico, transferred to the Commonwealth of Puerto Rico by
quitclaim deed. The Secretary shall complete the study within
270 days after receiving the request from the Commonwealth.
(b) Contents of Study.--The study shall include a specific
assessment of Flamenco Beach located within the former
bombardment area and shall include the following elements for
each area:
(1) An estimate of the type and amount of unexploded
ordnance.
(2) An estimate of the cost of removing unexploded
ordnance.
(3) An examination of the impact of such removal on any
endangered or threatened species and their habitat.
(4) An examination of current public access to the former
bombardment area.
(5) An examination of any threats to public health or
safety and the environment from unexploded ordnance.
(c) Consultation With Commonwealth.--In conducting the
study, the Secretary of Defense shall consult with the
Commonwealth of Puerto Rico regarding the Commonwealth's
planned future uses of the former bombardment area. The
Secretary shall consider the Commonwealth's planned future
uses in developing any conclusions or recommendations the
Secretary may include in the study.
(d) Definitions.--In this section:
(1) The term ``quitclaim deed'' refers to the quitclaim
deed from the United States to the Commonwealth of Puerto
Rico, signed by the Secretary of the Interior on August 11,
1982, for that portion of Tract (1b) consisting of the former
bombardment area on the island of Culebra, Puerto Rico.
(2) The term ``unexploded ordnance'' has the meaning given
that term by section 101(e)(5) of title 10, United States
Code.

Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE'S
LEADERSHIP OF GUAM OVERSIGHT COUNCIL.

Subsection (d) of section 132 of title 10, United States
Code, as added by section 2831(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division
B of Public Law 111-84; 123 Stat. 2669), is amended by
striking ``September 30, 2015'' and inserting ``September 30,
2020''.

SEC. 2822. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER
AND WASTEWATER TREATMENT SYSTEM ON GUAM.

(a) Conveyance of Utilities.--The Secretary of Defense may
convey to the Guam Waterworks Authority (in this section
referred to as the ``Authority'') all right, title, and
interest of the United States in and to the water and
wastewater treatment utility systems on Guam, including the
Fena Reservoir, for the purpose of establishing an integrated
water and wastewater treatment system on Guam.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance of the water and wastewater treatment utility
systems on Guam, the Authority shall pay to the Secretary of
Defense an amount equal to the fair market value of the
utility infrastructure to be conveyed, as determined pursuant
to an agreement between the Secretary and the Authority.
(2) Deferred payments.--At the discretion of the Authority,
the Authority may elect to pay the consideration determined
under paragraph (1) in equal annual payments over a period of
not more than 25 years, starting with the first year
beginning after the date of the conveyance of the water and
wastewater treatment utility systems to the Authority.
(3) Acceptance of in-kind services.--The consideration
required by paragraph (1) may be paid in cash or in-kind, as
acceptable to the Secretary of Defense. The Secretary of
Defense, in consultation with the Secretary of the Interior,
shall consider the value of in-kind services provided by the
Government of Guam pursuant to section 311 of the Compact of
Free Association between the Government of the United States
and the Government of the Federated States of Micronesia,
approved by Congress in the Compact of Free Association
Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2781),
section 311 of the Compact of Free Association between the
Government of the United States and the Government of the
Republic of the Marshall Islands, approved by Congress in
such Act, and the Compact of Free Association between the
Government of the United States and the Government of the
Republic of

[[Page H8728]]

Palau, approved by Congress in the Palau Compact of Free
Association Act (Public Law 99-658; 100 Stat. 3672).
(c) Condition of Conveyance.--As a condition of the
conveyance under subsection (a), the Secretary of Defense
must obtain at least a 33 percent voting representation on
the Guam Consolidated Commission on Utilities, including a
proportional representation as chairperson of the Commission.
(d) Implementation Report.--
(1) Report required.--If the Secretary of Defense
determines to use the authority provided by subsection (a) to
convey the water and wastewater treatment utility systems to
the Authority, the Secretary shall submit to the
congressional defense committees a report containing--
(A) a description of the actions needed to efficiently
convey the water and wastewater treatment utility systems to
the Authority; and
(B) an estimate of the cost of the conveyance.
(2) Submission.--The Secretary shall submit the report not
later than 30 days after the date on which the Secretary
makes the determination triggering the report requirement.
(e) New Water Systems.--If the Secretary of Defense
determines to use the authority provided by subsection (a) to
convey the water and wastewater treatment utility systems to
the Authority, the Secretary shall also enter into an
agreement with the Authority, under which the Authority will
manage and operate any water well or wastewater treatment
plant that is constructed by the Secretary of a military
department on Guam on or after the date of the enactment of
this Act.
(f) Additional Term and Conditions.--The Secretary of
Defense may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
(g) Technical Assistance.--
(1) Assistance authorized; reimbursement.--The Secretary of
the Interior, acting through the Commissioner of the Bureau
of Reclamation, may provide technical assistance to the
Secretary of Defense and the Authority regarding the
development of plans for the design, construction, operation,
and maintenance of integrated water and wastewater treatment
utility systems on Guam.
(2) Contracting authority; condition.--The Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, may enter into memoranda of understanding,
cooperative agreements, and other agreements with the
Secretary of Defense to provide technical assistance as
described in paragraph (1) under such terms and conditions as
the Secretary of the Interior and the Secretary of Defense
consider appropriate, except that costs incurred by the
Secretary of the Interior to provide technical assistance
under paragraph (1) shall be covered by the Secretary of
Defense.
(3) Report and other assistance.--Not later than one year
after date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Natural
Resources of the House of Representatives, and the Committee
on Energy and Natural Resources of the Senate a report
detailing the following:
(A) Any technical assistance provided under paragraph (1)
and information pertaining to any memoranda of understanding,
cooperative agreements, and other agreements entered into
pursuant to paragraph (2).
(B) An assessment of water and wastewater systems on Guam,
including cost estimates and budget authority, including
authorities available under the Acts of June 17, 1902, and
June 12, 1906 (popularly known as the Reclamation Act; 43
U.S.C. 391) and other authority available to the Secretary of
the Interior, for financing the design, construction,
operation, and maintenance of such systems.
(C) The needs related to water and wastewater
infrastructure on Guam and the protection of water resources
on Guam identified by the Authority.

SEC. 2823. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT
GUAM REALIGNMENT.

(a) Report Required.--Not later than 180 days after the
date of the enactment of the Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the structural integrity of facilities required to support
the realignment of military installations and the relocation
of military personnel on Guam.
(b) Contents of Report.--The report required by subsection
(a) shall contain the following elements:
(1) A threat assessment to the realigned forces, including
natural and manmade threats.
(2) An evaluation of the types of facilities and the
enhanced structural requirements required to deter the threat
assessment specified in paragraph (1).
(3) An assessment of the costs associated with the enhanced
structural requirements specified in paragraph (2).

SEC. 2824. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM.

(a) Report Required.--The Secretary of the Interior shall
prepare a report--
(1) detailing the civilian infrastructure improvements
needed on Guam to directly and indirectly support and sustain
the realignment of military installations and the relocation
of military personnel on Guam; and
(2) identifying, to the maximum extent practical, the
potential funding sources for such improvements from other
Federal departments and agencies and from existing
authorities and funds within the Department of Defense.
(b) Consultation.--The Secretary of the Interior shall
prepare the report required by subsection (a) in consultation
with the Secretary of Defense, the Government of Guam, and
the Interagency Group on the Insular Areas established by
Executive Order No. 13537.
(c) Submission.--The Secretary of the Interior shall submit
the report required by subsection (a) to the congressional
defense committees and the Committee on Natural Resources of
the House of Representatives, and the Committee on Energy and
Natural Resources of the Senate not later than 180 days after
the date of the enactment of this Act.

Subtitle D--Energy Security

SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE
PRACTICES IN DEPARTMENT ENERGY PERFORMANCE
PLAN.

Section 2911(c) of title 10, United States Code, is
amended--
(1) in paragraph (4), by inserting ``and hybrid-electric
drive'' after ``alternative fuels'';
(2) by redesignating paragraph (9) as paragraph (11);
(3) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(4) by inserting after paragraph (4) the following new
paragraph:
``(5) Opportunities for the high-performance construction,
lease, operation, and maintenance of buildings.''; and
(5) by inserting after paragraph (9) (as redesignated by
paragraph (3)) the following new paragraph:
``(10) The value of incorporating electric, hybrid-
electric, and high efficiency vehicles into vehicle
fleets.''.

SEC. 2832. ENHANCEMENT OF ENERGY SECURITY ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.

(a) Energy Performance Master Plan.--
(1) Enhancement of energy performance plan to master
plan.--Subsection (b) of section 2911 of title 10, United
States Code, is amended to read as follows:
``(b) Energy Performance Master Plan.--(1) The Secretary of
Defense shall develop a comprehensive master plan for the
achievement of the energy performance goals of the Department
of Defense, as set forth in laws, executive orders, and
Department of Defense policies.
``(2) The master plan shall include the following:
``(A) A separate master plan, developed by each military
department and Defense Agency, for the achievement of energy
performance goals.
``(B) The use of a baseline standard for the measurement of
energy consumption by transportation systems, support
systems, utilities, and facilities and infrastructure that is
consistent for all of the military departments.
``(C) A method of measurement of reductions or conservation
in energy consumption that provides for the taking into
account of changes in the current size of fleets, number of
facilities, and overall square footage of facility plants.
``(D) Metrics to track annual progress in meeting energy
performance goals.
``(E) A description of specific requirements, and proposed
investments, in connection with the achievement of energy
performance goals reflected in the budget of the President
for each fiscal year (as submitted to Congress under section
1105(a) of title 31).
``(3) Not later than 30 days after the date on which the
budget of the President is submitted to Congress for a fiscal
year under section 1105(a) of title 31, the Secretary shall
submit the current version of the master plan to Congress.''.
(2) Conforming amendments.--Such section is further amended
by striking ``plan'' each place it appears and inserting
``master plan''.
(3) Section heading amendment.--The heading of such section
is amended to read as follows:

``Sec. 2911. Energy performance goals and master plan for the
Department of Defense''.

(b) Expansion of Facilities for Which Use of Renewable
Energy and Energy Efficient Products Is Required.--
(1) Renewable energy.--Subsection (a) of section 2915 of
title 10, United States Code, is amended--
(A) by inserting ``and facility repairs and renovations''
after ``military family housing projects)''; and
(B) by striking ``energy performance plan'' and inserting
``energy performance master plan''.
(2) Consideration in design.--Subsection (b)(1) of such
section is amended by striking ``the design'' and all that
follows and inserting the following: ``the design for the
construction, repair, or renovation of facilities (including
family housing and back-up power generation facilities)
requires consideration of energy systems using solar energy
or other renewable forms of energy when use of a renewable
form of energy--
``(A) is consistent with the energy performance goals and
energy performance master plan for the Department of Defense
developed under section 2911 of this title; and
``(B) supported by the special considerations specified in
subsection (c) of such section.''.

[[Page H8729]]

(3) Energy efficient products.--Subsection (e) of such
section is amended--
(A) by striking the heading and inserting the following:
``Use of Energy Efficient Products in Facilities.--'';
(B) in paragraph (1)--
(i) by striking ``new facility construction'' and inserting
``construction, repair, or renovation of facilities''; and
(ii) by striking ``energy performance plan'' and inserting
``energy performance master plan'';
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For purposes of this subsection, energy efficient
products may include, at a minimum, the following
technologies, consistent with the products specified in
paragraph (3):
``(A) Roof-top solar thermal, photovoltaic, and energy
reducing coating technologies.
``(B) Energy management control and supervisory control and
data acquisition systems.
``(C) Energy efficient heating, ventilation, and air
conditioning systems.
``(D) Thermal windows and insulation systems.
``(E) Electric meters.
``(F) Lighting, equipment, and appliances that are designed
to use less electricity.
``(G) Hybrid vehicle plug-in charging stations.
``(H) Solar-power collecting structures to shade vehicle
parking areas.
``(I) Wall and roof insulation systems and air
infiltration-mitigation systems, such as weatherproofing.''.
(4) Section heading amendment.--The heading of such section
is amended to read as follows:

``Sec. 2915. Facilities: use of renewable forms of energy and
energy efficient products''.

(c) Other Amendments.--
(1) Conforming amendment.--Section 2925(a) of title 10,
United States Code, is amended by striking ``energy
performance plan'' each place it appears and inserting
``energy performance master plan''.
(2) Clerical amendments.--The table of sections at the
beginning of subchapter I of chapter 173 of such title is
amended--
(A) by striking the item relating to section 2911 and
inserting the following new item:

``2911. Energy performance goals and master plan for the Department of
Defense.''; and

(B) by striking the item relating to section 2915 and
inserting the following new item:

``2915. Facilities: use of renewable forms of energy and energy
efficient products.''.

Subtitle E--Land Conveyances

SEC. 2841. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT (DFSP)
WHITTIER, ALASKA.

(a) Conveyance Authorized.--The Secretary of the Army or
the Secretary of the Air Force may convey to the City of
Whittier, Alaska (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 62 acres,
located at the Defense Fuel Support Point (DFSP) Whittier,
Alaska, that the Secretary making the conveyance considers
appropriate in the public interest.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the Secretary
conveying the property an amount that is not less than the
fair market value of the property conveyed, as determined by
the Secretary. The Secretary's determination shall be final.
In lieu of all or a portion of cash payment of consideration,
the Secretary may accept in-kind consideration, including
environmental remediation for the property conveyed.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary conveying property
under subsection (a) shall require the City to reimburse the
Secretary to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and any other administrative costs related to
the conveyance. If amounts are collected in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City of Whittier.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(d) Compliance With Environmental Laws.--Nothing in this
section shall be construed to affect or limit the application
of, or any obligation to comply with, any environmental law,
including the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(e) Treatment of Cash Consideration Received.--Any cash
payment received by the United States as consideration for
the conveyance under subsection (a) shall be deposited in the
special account in the Treasury established under subsection
(b) of section 572 of title 40, United States Code, and shall
be available in accordance with paragraph (5)(B) of such
subsection.
(f) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under this section shall be determined by a survey
satisfactory to the Secretary of the Interior.
(g) Additional Terms and Conditions.--The Secretary making
the conveyance under subsection (a) may require such
additional terms and conditions in connection with the
conveyance as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2842. LAND CONVEYANCE, FORT KNOX, KENTUCKY.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Department of Veterans
Affairs of the Commonwealth of Kentucky (in this section
referred to as the ``Department'') all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 194 acres at Fort Knox, Kentucky, for the
purpose of permitting the Department to establish and operate
a State veterans home and future expansion of the adjacent
State veterans cemetery for veterans and eligible family
members of the Armed Forces.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to the property shall revert, at the
option of the Secretary, to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(c) Payment or Costs of Conveyance.--
(1) In general.--The Secretary shall require the Department
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
costs related to environmental documentation and other
administrative costs. This paragraph does not apply to costs
associated with the environment al remediation of the
property to be conveyed.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2843. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST
BANK), NEW ORLEANS, LOUISIANA.

(a) Conveyance Authorized.--Except as provided in
subsection (b), the Secretary of the Navy may convey to the
Algiers Development District all right, title, and interest
of the United States in and to the real property comprising
the Naval Support Activity (West Bank), New Orleans,
Louisiana, including--
(1) any improvements and facilities on the real property;
and
(2) available personal property on the real property.
(b) Certain Property Excluded.--The conveyance under
subsection (a) may not include--
(1) the approximately 29-acre area known as the Secured
Area of the real property described in such subsection, which
shall remain subject to the Lease; and
(2) the Quarters A site, which is located at Sanctuary
Drive, as determined by a survey satisfactory to the
Secretary of the Navy.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary of the Navy.
(d) Timing.--The authority provided in subsection (a) may
only be exercised after--
(1) the Secretary of the Navy determines that the property
described in subsection (a) is no longer needed by the
Department of the Navy; and
(2) the Algiers Development District delivers the full
consideration as required by Article 3 of the Lease.
(e) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall include a condition that expressly
prohibits any use of the property that would interfere or
otherwise restrict operations of the Department of the Navy
in the Secured Area referred to in subsection (b), as
determined by the Secretary of the Navy.
(f) Subsequent Conveyance of Secured Area.--If at any time
the Secretary of the

[[Page H8730]]

Navy determines and notifies the Algiers Development District
that there is no longer a continuing requirement to occupy or
otherwise control the Secured Area referred to in subsection
(b) to support the mission of the Marine Forces Reserve or
other comparable Marine Corps use, the Secretary may convey
to the Algiers Development District the Secured Area and the
any improvements situated thereon.
(g) Subsequent Conveyance of Quarters A.--If at any time
the Secretary of the Navy determines that the Department of
the Navy no longer has a continuing requirement for general
officers quarters to be located on the Quarters A site
referred to in subsection (b) or the Department of the Navy
elects or offers to transfer, sell, lease, assign, gift or
otherwise convey any or all of the Quarters A site or any
improvements thereon to any third party, the Secretary may
convey to the Algiers Development District the real property
containing the Quarters A site.
(h) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance of property under this
section, consistent with the Lease, as the Secretary
considers appropriate to protect the interest of the United
States.
(i) Definitions.--In this section:
(1) The term ``Algiers Development District'' means the
Algiers Development District, a local political subdivision
of the State of Louisiana.
(2) The term ``Lease'' means that certain Real Estate Lease
for Naval Support Activity New Orleans, West Bank, New
Orleans, Louisiana, Lease No. N47692-08-RP-08P30, by and
between the United States, acting by and through the
Department of the Navy, and the Algiers Development District
dated September 30, 2008.

SEC. 2844. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW
FREQUENCY COMMUNICATIONS PROJECT SITE,
REPUBLIC, MICHIGAN.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to Humboldt Township in
Marquette County, Michigan, all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, in Republic, Michigan,
consisting of approximately seven acres and formerly used as
an Extremely Low Frequency communications project site, for
the purpose of permitting the Township to use the property
for public benefit.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2845. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER,
WILMINGTON, NORTH CAROLINA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the North Carolina State Port Authority of
Wilmington, North Carolina (in this section referred to as
the ``Port Authority''), all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, consisting of
approximately 3.03 acres and known as the Marine Forces
Reserve Center in Wilmington, North Carolina, for the purpose
of permitting the Port Authority to use the parcel for
development of a port facility and for other public purposes.
(b) Inclusion of Personal Property.--The Secretary of the
Navy may include as part of the conveyance under subsection
(a) personal property of the Navy at the Marine Forces
Reserve Center that the Secretary of Transportation
recommends is appropriate for the development or operation of
the port facility and the Secretary of the Navy agrees is
excess to the needs of the Navy.
(c) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary of the Navy may lease the property to the Port
Authority.
(d) Consideration.--
(1) Conveyance.--The conveyance under subsection (a) shall
be made without consideration as a public benefit conveyance
for port development if the Secretary of the Navy determines
that the Port Authority satisfies the criteria specified in
section 554 of title 40, United States Code, and regulations
prescribed to implement such section. If the Secretary
determines that the Port Authority fails to qualify for a
public benefit conveyance, but still desires to acquire the
property, the Port Authority shall pay to the United States
an amount equal to the fair market value of the property to
be conveyed. The fair market value of the property shall be
determined by the Secretary.
(2) Lease.--The Secretary of the Navy may accept as
consideration for a lease of the property under subsection
(c) an amount that is less than fair market value if the
Secretary determines that the public interest will be served
as a result of the lease.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Navy and the Port Authority. The cost of
such survey shall be borne by the Port Authority.
(f) Additional Terms.--The Secretary of the Navy may
require such additional terms and conditions in connection
with the conveyance as the Secretary considers appropriate to
protect the interests of the United States.

Subtitle F--Other Matters

SEC. 2851. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT
REGARDING CONSTRUCTION OF A NEW OUTLYING
LANDING FIELD IN NORTH CAROLINA AND VIRGINIA.

(a) Findings.--Congress makes the following findings:
(1) The Navy has studied the feasibility and potential
locations of a new outlying landing field on the East Coast
since 2001.
(2) Since January 2008, the Navy has studied five potential
sites in North Carolina and Virginia, whose communities have
expressed opposition. Some local governments where the sites
under consideration are located have taken formal action in
opposition by resolution or correspondence to the Navy and
congressional officials.
(b) Limitation on Funds Pending Report.--
(1) In general.--The Secretary of the Navy may not obligate
or expend funds for the study or development of a new
outlying landing field in North Carolina or Virginia after
fiscal year 2011 until the Secretary has provided the
congressional defense committees a report on the Navy's
efforts with respect to the outlying landing field.
(2) Elements of report.--The report required under
paragraph (1) shall include the following:
(A) A description of the actual training requirements and
completed training events involving Fleet Carrier Landing
Practice operations at Naval Air Station Oceana and Naval
Auxiliary Landing Field Fentress for the previous 10 years,
to include statistics for the current fiscal year.
(B) An assessment of the aviation training requirements and
completed aviation training events conducted on all existing
Navy outlying landing fields and installations located in
North Carolina and Virginia, to include statistics for the
current fiscal year.
(C) An assessment of the suitability of all Naval
installations in North Carolina and Virginia to conduct Fleet
Carrier Landing Practice operations, including necessary
facility modifications and requirements to de-conflict with
current operations at each installation.
(D) A description of the estimated funding necessary to
construct a new outlying landing field at each of the five
sites under current consideration, and a cost comparison
analysis between construction of a new outlying landing field
versus use of an existing facility.
(E) A description of all completed or pending environmental
studies conducted on any of the five sites currently under
consideration, including the methodology, conclusions, and
recommendations.
(F) Criteria for the basing of the Joint Strike Fighter F-
35 aircraft and a description of the outlying landing field
facilities that will be required to support its training
requirements.

SEC. 2852. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS
MILITARY MEDICAL CENTERS.

(a) Unified Construction Standard for Military Construction
and Repairs to Military Medical Centers.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall establish a unified construction
standard for military construction and repairs for military
medical centers that provides a single standard of care. This
standard shall also include--
(1) size standards for operating rooms and patient recovery
rooms; and
(2) such other construction standards that the Secretary
considers necessary to support military medical centers.
(b) Independent Review Panel.--
(1) Establishment; purpose.--The Secretary of Defense shall
establish an independent advisory panel for the purpose of--
(A) reviewing the unified construction standards
established pursuant to subsection (a) to determine the
standards consistency with industry practices and benchmarks
for world class medical construction;
(B) reviewing ongoing construction programs within the
Department of Defense to ensure medical construction
standards are uniformly applied across applicable military
medical centers;
(C) assessing the approach of the Department of Defense
approach to planning and programming facility improvements
with specific emphasis on--
(i) facility selection criteria and proportional assessment
system; and
(ii) facility programming responsibilities between the
Assistant Secretary of Defense for Health Affairs and the
Secretaries of the military departments;
(D) assessing whether the Comprehensive Master Plan for the
National Capital Region Medical, dated April 2010, is
adequate to fulfill statutory requirements, as required by
section 2714 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2656), to ensure that the facilities and organizational
structure described in the plan result in world class
military medical centers in the National Capital Region; and
(E) making recommendations regarding any adjustments of the
master plan referred to in subparagraph (D) that are needed
to ensure the provision of world class military medical
centers and delivery system in the National Capital Region.
(2) Members.--

[[Page H8731]]

(A) Appointments by secretary.--The panel shall be composed
of such members as determined by the Secretary of Defense,
except that the Secretary shall include as members--
(i) medical facility design experts;
(ii) military healthcare professionals;
(iii) representatives of premier health care centers in the
United States; and
(iv) former retired senior military officers with joint
operational and budgetary experience.
(B) Congressional appointments.--The chairmen and ranking
members of the Committees on the Armed Services of the Senate
and House of Representatives may each designate one member of
the panel.
(C) Term.--Members of the panel may serve on the panel
until the termination date specified in paragraph (7).
(D) Compensation.--While performing duties on behalf of the
panel, a member and any adviser referred to in paragraph (4)
shall be reimbursed under Government travel regulations for
necessary travel expenses.
(3) Meetings.--The panel shall meet not less than
quarterly. The panel or its members may make other visits to
military treatment centers and military headquarters in
connection with the duties of the panel.
(4) Staff and advisors.--The Secretary of Defense shall
provide necessary administrative staff support to the panel.
The panel may call in advisers for consultation.
(5) Reports.--
(A) Initial report.--Not later than 120 days after the
first meeting of the panel, the panel shall submit to the
Secretary of Defense a written report containing--
(i) an assessment of the adequacy of the plan of the
Department of Defense to address the items specified in
subparagraphs (A) through (E) of paragraph (1) relating to
the purposes of the panel; and
(ii) the recommendations of the panel to improve the plan.
(B) Additional reports.--Not later than February 1, 2011,
and each February 1 thereafter until termination of the
panel, the panel shall submit to the Secretary of Defense a
report on the findings and recommendations of the panel to
address any deficiencies identified by the panel.
(6) Assessment of recommendations.--Not later than 30 days
after the date of the submission of each report under
paragraph (5), the Secretary of Defense shall submit to the
congressional defense committees a report including--
(A) a copy of the panel's assessment;
(B) an assessment by the Secretary of the findings and
recommendations of the panel; and
(C) the plans of the Secretary for addressing such findings
and recommendations.
(7) Termination.--The panel shall terminate on September
30, 2015.
(c) Definitions.--In this section:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of
title 10, United States Code.
(2) World class military medical center.--The term ``world
class military medical center'' has the meaning given the
term ``world class military medical facility'' by the
National Capital Region Base Realignment and Closure Health
Systems Advisory Subcommittee of the Defense Health Board in
appendix B of the report titled ``Achieving World Class--An
Independent Review of the Design Plans for the Walter Reed
National Military Medical Center and the Fort Belvoir
Community Hospital'' and published in May 2009, as required
by section 2721 of the Military Construction Authorization
Act for Fiscal Year 2009 (division B of Public Law 110-417;
122 Stat. 4716).

SEC. 2853. REPORT ON FUEL INFRASTRUCTURE SUSTAINMENT,
RESTORATION, AND MODERNIZATION REQUIREMENTS.

Not later than 270 days after the date of the enactment of
this Act, the Director of the Defense Logistics Agency shall
submit to the congressional defense committees a report on
the fuel infrastructure of the Department of Defense. The
report shall include the following:
(1) Fiscal projections for fuel infrastructure sustainment,
restoration, and modernization requirements to fully meet
Department of Defense sustainment models and industry
recapitalization practices.
(2) An assessment of the risk associated with not providing
adequate funding to support such fuel infrastructure
sustainment, restoration, and modernization requirements.
(3) An assessment of fuel infrastructure real property
deficiencies impacting the ability of the Defense Logistics
Agency to fully support mission requirements.
(4) An assessment of environmental liabilities associated
with current fueling operations.
(5) A list of real property previously used to support fuel
infrastructure and an assessment of the environmental
liabilities associated with such real property and whether
any of such real property can be declared excess to the needs
of the Department of Defense.
(6) An assessment of the real property demarcation between
the Secretaries of the military departments and the Defense
Logistics Agency.

SEC. 2854. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN,
CONNECTICUT.

The newly constructed Armed Forces Reserve Center in
Middletown, Connecticut, shall be known and designated as the
``Major General Maurice Rose Armed Forces Reserve Center''.
Any reference in a law, map, regulation, document, paper, or
other record of the United States to such Armed Forces
Reserve Center shall be deemed to be a reference to the Major
General Maurice Rose Armed Forces Reserve Center.

SEC. 2855. SENSE OF CONGRESS ON PROPOSED EXTENSION OF THE
ALASKA RAILROAD CORRIDOR ACROSS FEDERAL LAND IN
ALASKA.

(a) Finding.--Congress finds that the Alaska Railroad
proposes the extension of its railroad corridor over
approximately 950 acres of land located south and east of
North Pole, Alaska, including lands located near or adjacent
to the Chena River spillway, Eielson Air Force Base, Tanana
Flats Training Area (Fort Wainwright), Donnelly Training Area
(Fort Wainwright), and Fort Greely.
(b) Sense of Congress.--It is the sense of Congress that
the Department of the Army and the Department of the Air
Force should explore means of accommodating the railroad
corridor expansion referred to in subsection (a) using
existing authorities that will not adversely impact military
missions, operations, and training.

SEC. 2856. SENSE OF CONGRESS ON IMPROVING MILITARY HOUSING
FOR MEMBERS OF THE AIR FORCE.

(a) Finding.--Congress makes the following findings:
(1) In the mid-1990s, the Department of Defense became
concerned that inadequate and poor quality housing for
members of the Armed Forces was adversely affecting the
quality of life for members and their families and adversely
affecting military readiness by contributing to decisions by
members to leave the Armed Forces.
(2) At that time, the Department of Defense designated
about 180,000 houses, or nearly two-thirds of its domestic
family housing inventory, as inadequate and needing repair or
complete replacement.
(3) The Department of Defense believed that it would need
about $20,000,000,000 in appropriated funds and would take up
to 40 years to eliminate poor quality military housing
through new construction or renovation using its traditional
military construction approach.
(4) In 1996, Congress enacted the Military Housing
Privatization Initiative to provide the Department of Defense
with a variety of authorities to obtain private sector
financing and management for the repair, renovation,
construction, and management of military family housing.
(5) The Air Force has used the Military Housing
Privatization Initiative to award 27 projects at 44 military
bases to improve over 37,000 homes.
(6) The Air Force has received $7,100,000,000 in total
development investment from the private sector for new
housing with a taxpayer contribution of approximately
$425,000,000, representing a 15 to 1 leveraging of taxpayer
dollars.
(7) The Air Force, like the other military services, has
been able to leverage varying conditions of housing at
military bases into fiscally viable projects by packaging
housing inventories at multiple bases into a single
transaction.
(8) Congress has approved transactions involving the
packaging of multiple bases as a critical tool to maximize
the efficient use of taxpayer funds.
(9) Congress supports the goal of the Air Force to complete
transactions for the repair, renovation, construction, and
management of 100 percent of their military family housing
inventory in the United States by December 31, 2012.
(10) The Air Force currently has 6 project solicitations
prepared for open competition at 22 Air Force installations
to improve over 15,000 homes.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force should use existing authority
to carry out solicitations for the 6 military housing
projects involving the packaging of 22 bases consistent with
the goal of improving 15,000 homes for Air Force personnel
and their families by December 31, 2012.

SEC. 2857. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING
AND FISHING ON MILITARY INSTALLATIONS.

It is the sense of the Congress that--
(1) military installations that permit public access for
recreational hunting and fishing should continue to permit
such hunting and fishing where appropriate;
(2) permitting the public to access military installations
for recreational hunting and fishing benefits local
communities by conserving and promoting the outdoors and
establishing positive relations between the civilian and
defense sectors;
(3) any military installations that make recreational
hunting and fishing permits available for purchase should
provide a discounted rate for active and retired members of
the Armed Forces and veterans with disabilities; and
(4) the Department of Defense, all of the service branches,
and military installations that permit public access for
recreational hunting and fishing should promote access to
such installations by making the appropriate accommodations
for members of the Armed Forces and veterans with
disabilities.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.

[[Page H8732]]

Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Outside the United States.--The Secretary of the Army
may acquire real property and carry out military construction
projects for the installations or locations outside the
United States, and in the amounts, set forth in the following
table:

Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base................................ $270,000,000
Delaram II..................................... $4,400,000
Dwyer.......................................... $74,100,000
Frontenac...................................... $8,400,000
Kandahar....................................... $80,400,000
Maywand........................................ $7,000,000
Shank.......................................... $98,300,000
Sharana........................................ $12,400,000
Shindand....................................... $6,100,000
Tarin Kowt..................................... $29,600,000
Tombstone/Bastion.............................. $112,600,000
Various locations.............................. $100,000,000
Wolverine...................................... $13,000,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $816,300,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized
by section 2805 of title 10, United States Code, funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$78,350,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2010, in the
total amount of $79,716,000.
(4) Oversight.--For the Department of Defense Inspector
General, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $7,000,000.

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECT.

(a) Outside the United States.--The Secretary of the Air
Force may acquire real property and carry out military
construction projects for the installations or locations
outside the United States, and in the amounts, set forth in
the following table:

(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $132,000,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized
by section 2805 of title 10, United States Code, funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$49,584,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2010, in the
total amount of $13,422,000.

SEC. 2903. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND
ACQUISITION PROJECTS AND AUTHORIZATION OF
APPROPRIATIONS.

(a) Outside the United States.--The Secretary of Defense
may acquire real property and carry out military construction
projects for the Defense Agencies for the installations or
locations outside the United States, and in the amounts, set
forth in the following table:

Defense Wide: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Classified Location............... Classified Project.. $41,900,000
------------------------------------------------------------------------

TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES

Sec. 3001. Military construction.
Sec. 3002. Overseas contingency operations.

SEC. 3001. MILITARY CONSTRUCTION.

----------------------------------------------------------------------------------------------------------------
SEC. 3001. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Fort Rucker Aviation Component 29,000 29,000
Maintenance Shop.
Army Fort Rucker Aviation Maintenance 36,000 36,000
Facility.
Army Fort Rucker Training Aids Center...... 4,650 4,650
Alaska
Army Fort Greely Fire Station.............. 26,000 26,000
Army Fort Richardson Brigade Complex, Ph 1..... 67,038 67,038
Army Fort Richardson Multipurpose Machine Gun 12,200 12,200
Range.
Army Fort Richardson Simulations Center........ 34,000 34,000
Army Fort Wainwright Aviation Task Force 30,000 0
Complex, Ph 1 Incr 2.
Army Fort Wainwright Aviation Task Force 142,650 142,650
Complex, Ph 2A (Hangar).
Army Fort Wainwright Aviation Task Force 27,000 27,000
Complex, Ph 2B (Company
Ops Facility).
Army Fort Wainwright Urban Assault Course...... 3,350 3,350
California
Army Fort Irwin Water Treatment and Distro 0 0
System.
Army Presidio Monterey Advanced Individual 63,000 63,000
Training Barracks.
Army Presidio Monterey General Instruction 39,000 39,000
Building.
Army Presidio Monterey Satellite Communications 38,000 38,000
Facility.
Colorado

[[Page H8733]]

Army Fort Carson Automated Sniper Field 3,650 3,650
Fire Range.
Army Fort Carson Battalion Headquarters.... 6,700 6,700
Army Fort Carson Brigade Complex........... 56,000 56,000
Army Fort Carson Simulations Center........ 40,000 40,000
Florida
Army Eglin Ab Chapel.................... 6,900 6,900
Army Miami-Dade County Command & Control Facility 41,000 41,000
Army US Army Garrison Miami Commissary................ 19,000 0
Georgia
Army Fort Benning Land Acquisition.......... 12,200 12,200
Army Fort Benning Museum Operations Support 32,000 0
Building.
Army Fort Benning Trainee Barracks, Ph 2.... 51,000 51,000
Army Fort Benning Training Battalion 14,600 14,600
Complex, Ph 2.
Army Fort Benning Training Battalion 14,600 14,600
Complex, Ph 2.
Army Fort Benning Vehicle Maintenance Shop.. 53,000 53,000
Army Fort Gordon Qualification Training 0 0
Range.
Army Fort Gordon Training Aids Center...... 4,150 4,150
Army Fort Stewart Automated Infantry Platoon 6,200 6,200
Battle Course.
Army Fort Stewart Automated Multipurpose 9,100 9,100
Machine Gun Range.
Army Fort Stewart Aviation Unit Operations 47,000 47,000
Complex.
Army Fort Stewart Battalion Complex......... 18,000 18,000
Army Fort Stewart General Instruction 8,200 8,200
Building.
Army Fort Stewart Modified Record Fire Range 3,750 3,750
Army Fort Stewart Simulations Center........ 26,000 26,000
Army Fort Stewart Training Aids Center...... 7,000 7,000
Hawaii
Army Fort Shafter Command & Control 58,000 58,000
Facility, Ph 1.
Army Fort Shafter Flood Mitigation.......... 23,000 23,000
Army Schofield Barracks Barracks.................. 98,000 98,000
Army Schofield Barracks Barracks.................. 90,000 90,000
Army Schofield Barracks Training Aids Center...... 24,000 24,000
Army Tripler Army Medical Barracks.................. 28,000 28,000
Center
Kansas
Army Fort Leavenworth Vehicle Maintenance Shop.. 7,100 7,100
Army Fort Riley Automated Infantry Squad 4,100 4,100
Battle Course.
Army Fort Riley Automated Qualification/ 14,800 14,800
Training Range.
Army Fort Riley Battalion Complex, Ph 1... 31,000 31,000
Army Fort Riley Known Distance Range...... 7,200 7,200
Kentucky
Army Fort Campbell Automated Sniper Field 1,500 1,500
Fire Range.
Army Fort Campbell Brigade Complex........... 67,000 67,000
Army Fort Campbell Company Operations 25,000 25,000
Facilities.
Army Fort Campbell Infantry Squad Battle 0 0
Course.
Army Fort Campbell Rappelling Training Area.. 5,600 5,600
Army Fort Campbell Shoot House............... 0 0
Army Fort Campbell Unit Operations Facilities 26,000 26,000
Army Fort Campbell Urban Assault Course...... 3,300 3,300
Army Fort Campbell Vehicle Maintenance Shop.. 15,500 15,500
Army Fort Knox Access Corridor 6,000 6,000
Improvements.
Army Fort Knox Military Operation Urban 12,800 12,800
Terrain Collective
Training Facility.
Army Fort Knox Rail Head Upgrade......... 0 0
Louisiana
Army Fort Polk Barracks.................. 29,000 29,000
Army Fort Polk Emergency Services Center. 0 0
Army Fort Polk Heavy Sniper Range........ 4,250 4,250
Army Fort Polk Land Acquisition.......... 24,000 24,000
Army Fort Polk Land Acquisition.......... 6,000 6,000
Maryland
Army Aberdeen Proving Auto Tech Evaluate 14,600 14,600
Ground Facility, Ph 2.
Army Fort Meade Indoor Firing Range....... 7,600 7,600
Army Fort Meade Wideband SATCOM Operations 25,000 25,000
Center.
Missouri
Army Fort Leonard Wood Barracks.................. 29,000 29,000
Army Fort Leonard Wood Brigade Headquarters...... 12,200 12,200
Army Fort Leonard Wood General Instruction 7,000 7,000
Building.
Army Fort Leonard Wood Information Systems 15,500 15,500
Facility.
Army Fort Leonard Wood Training Barracks......... 19,000 19,000
Army Fort Leonard Wood Transient Advanced Trainee 29,000 29,000
Barracks, Ph 2.
New Mexico
Army White Sands Barracks.................. 29,000 29,000
New York
Army Fort Drum Aircraft Fuel Storage 14,600 14,600
Complex.
Army Fort Drum Aircraft Maintenance 16,500 16,500
Hangar.
Army Fort Drum Alert Holding Area 0 0
Facility.
Army Fort Drum Battalion Complex......... 61,000 61,000
Army Fort Drum Brigade Complex, Ph 1..... 55,000 55,000
Army Fort Drum Infantry Squad Battle 8,200 8,200
Course.
Army Fort Drum Railhead Loading Area..... 0 0
Army Fort Drum Training Aids Center...... 18,500 18,500
Army Fort Drum Transient Training 55,000 55,000
Barracks.
Army U.S. Military Academy Science Facility, Ph 2.... 130,624 130,624
Army U.S. Military Academy Urban Assault Course...... 1,700 1,700
North Carolina

[[Page H8734]]

Army Fort Bragg Battalion Complex......... 33,000 33,000
Army Fort Bragg Brigade Complex........... 41,000 41,000
Army Fort Bragg Brigade Complex........... 25,000 25,000
Army Fort Bragg Brigade Complex........... 50,000 50,000
Army Fort Bragg Command and Control 53,000 53,000
Facility.
Army Fort Bragg Company Operations 12,600 12,600
Facilities.
Army Fort Bragg Dining Facility........... 11,200 11,200
Army Fort Bragg Murchison Road Right of 17,000 17,000
Way Acquisition.
Army Fort Bragg Staging Area Complex...... 14,600 14,600
Army Fort Bragg Student Barracks.......... 18,000 18,000
Army Fort Bragg Vehicle Maintenance Shop.. 7,500 7,500
Army Fort Bragg Vehicle Maintenance Shop.. 28,000 28,000
Oklahoma
Army Fort Sill General Purpose Storage 13,800 13,800
Building.
Army Fort Sill Museum Operations Support 12,800 0
Building.
Army McAlester Igloo Storage, Depot Level 3,000 3,000
South Carolina
Army Fort Jackson Trainee Barracks.......... 28,000 28,000
Army Fort Jackson Trainee Barracks Complex, 46,000 46,000
Ph 1.
Army Fort Jackson Training Aids Center...... 17,000 17,000
Texas
Army Corpus Christi NAS Rotor Blade Processing 0 0
Facility, Ph 2.
Army Fort Bliss Automated Multipurpose 6,700 6,700
Machine Gun Range.
Army Fort Bliss Company Operations 18,500 18,500
Facilities.
Army Fort Bliss Digital Multipurpose 22,000 22,000
Training Range.
Army Fort Bliss Heavy Sniper Range........ 3,500 3,500
Army Fort Bliss Indoor Swimming Pool...... 15,500 15,500
Army Fort Bliss Light Demolition Range.... 2,100 2,100
Army Fort Bliss Live Fire Exercise 3,150 3,150
Shoothouse.
Army Fort Bliss Scout/Reconnaissance Crew 15,500 15,500
Engagement Gunnery
Complex.
Army Fort Bliss Squad Defense Range....... 3,000 3,000
Army Fort Bliss Theater High Altitude Area 17,500 17,500
Defense Battery Complex.
Army Fort Bliss Transient Training Complex 31,000 31,000
Army Fort Bliss Urban Assault Course...... 2,800 2,800
Army Fort Bliss Vehicle Bridge Overpass... 8,700 8,700
Army Fort Hood Battalion Complex......... 40,000 40,000
Army Fort Hood Brigade Complex........... 38,000 38,000
Army Fort Hood Company Operations 4,300 4,300
Facilities.
Army Fort Hood Convoy Live Fire.......... 3,200 3,200
Army Fort Hood Live Fire Exercise 2,100 2,100
Shoothouse.
Army Fort Hood Soldier Readiness 0 0
Processing Center.
Army Fort Hood Unmanned Aerial System 55,000 55,000
Hangar.
Army Fort Hood Urban Assault Course...... 2,450 2,450
Army Fort Sam Houston Simulations Center........ 16,000 16,000
Army Fort Sam Houston Training Aids Center...... 6,200 6,200
Virginia
Army Fort A.P. Hill 1200 Meter Range.......... 14,500 14,500
Army Fort A.P. Hill Indoor Firing Range....... 6,200 6,200
Army Fort A.P. Hill Known Distance Range...... 3,800 3,800
Army Fort A.P. Hill Light Demolition Range.... 4,100 4,100
Army Fort A.P. Hill Military Operation Urban 65,000 65,000
Terrain Collective
Training Facility.
Army Fort Eustis Warrior in Transition 18,000 18,000
Complex.
Army Fort Lee Automated Qualification 7,700 7,700
Training Range.
Army Fort Lee Company Operations 4,900 4,900
Facility.
Army Fort Lee Museum Operations Support 30,000 0
Building.
Army Fort Lee Training Aids Center...... 5,800 5,800
Washington
Army Fort Lewis Barracks.................. 47,000 47,000
Army Fort Lewis Barracks Complex.......... 40,000 40,000
Army Fort Lewis Rappelling Training Area.. 5,300 5,300
Army Fort Lewis Regional Logistic Support 63,000 63,000
Complex.
Army Fort Lewis Regional Logistic Support 16,500 16,500
Complex Warehouse.
Army Yakima Sniper Field Fire Range... 3,750 3,750
Afghanistan
Army Bagram AB Army Aviation HQ 19,000 19,000
Facilities.
Army Bagram AB Barracks.................. 18,000 18,000
Army Bagram AB Consolidated Community 14,800 14,800
Support Area.
Army Bagram AB Eastside Electrical 10,400 10,400
Distribution.
Army Bagram AB Eastside Utilities 29,000 29,000
Infrastructure.
Army Bagram AB Entry Control Point....... 7,500 7,500
Army Bagram AB Joint Defense Operations 2,800 2,800
Center.
Germany
Army Ansbach Physical Fitness Center... 13,800 13,800
Army Ansbach Vehicle Maintenance Shop.. 18,000 18,000
Army Grafenwoehr Barracks.................. 20,000 20,000
Army Grafenwoehr Barracks.................. 19,000 19,000
Army Grafenwoehr Barracks.................. 19,000 19,000
Army Grafenwoehr Barracks.................. 17,500 17,500
Army Rhine Ordnance Barracks Complex.......... 35,000 35,000
Barracks
Army Sembach AB Confinement Facility...... 9,100 9,100
Army Wiesbaden AB Command and Battle Center, 59,500 59,500
Incr 2.
Army Wiesbaden AB Construct New Access 5,100 5,100
Control Point.
Army Wiesbaden AB Information Processing 30,400 30,400
Center.

[[Page H8735]]

Army Wiesbaden AB Sensitive Compartmented 91,000 91,000
Information Facility.
Honduras
Army Soto Cano AB Barracks.................. 20,400 20,400
Italy
Army Vicenza Brigade Complex--Barracks/ 26,000 26,000
Community, Incr 4.
Army Vicenza Brigade Complex-- 25,000 25,000
Operations Support
Facility, Incr 4.
Korea
Army Camp Walker Electrical System Upgrade 19,500 19,500
& Natural Gas System.
Unspecified
Army Troop Trainee Housing Training Barracks......... 0 0
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support FY 11. 28,000 28,000
Locations
Army Unspecified Worldwide Minor Construction FY 11.. 23,000 23,000
Locations
Army Unspecified Worldwide Planning and Design FY 11. 221,636 221,636
Locations
Total Military Construction, Army 4,078,798 3,954,998
........................
......................
Alabama
Navy Mobile T-6 Outlying Landing Field 29,082 29,082
Arizona
Navy Yuma Aircraft Maintenance 40,600 40,600
Hangar.
Navy Yuma Aircraft Maintenance 63,280 63,280
Hangar.
Navy Yuma Communications 63,730 63,730
Infrastructure Upgrade.
Navy Yuma Intermediate Maintenance 21,480 21,480
Activity Facility.
Navy Yuma Simulator Facility........ 36,060 36,060
Navy Yuma Utilities Infrastructure 44,320 44,320
Upgrades.
Navy Yuma Van Pad Complex Relocation 15,590 15,590
California
Navy Camp Pendleton Bachelor Enlisted 42,864 42,864
Quarters--13 Area.
Navy Camp Pendleton Bachelor Enlisted 37,020 37,020
Quarters--Las Flores.
Navy Camp Pendleton Center for Naval Aviation 66,110 66,110
Technical Training/Fleet
Replacement Squadron--
Aviation Training and
Bachelor Enlisted
Quarters.
Navy Camp Pendleton Conveyance/Water Treatment 100,700 100,700
Navy Camp Pendleton Marine Aviation Logistics 48,230 48,230
Squadron-39 Maintenance
Hangar Expansion.
Navy Camp Pendleton Marine Corps Energy 9,950 9,950
Initiative.
Navy Camp Pendleton North Region Tert Treat 30,000 30,000
Plant (Incremented).
Navy Camp Pendleton Small Arms Magazine--Edson 3,760 3,760
Range.
Navy Camp Pendleton Truck Company Operations 53,490 53,490
Complex.
Navy Coronado Maritime Expeditionary 0 0
Security Group- One (Mesg-
1) Consolidated Boat
Maintenance Facility.
Navy Coronado Rotary Hangar............. 67,160 67,160
Navy Miramar Aircraft Maintenance 90,490 90,490
Hangar.
Navy Miramar Hangar 4.................. 33,620 33,620
Navy Miramar Parking Apron/Taxiway 66,500 66,500
Expansion.
Navy Monterey NSA International Academic 0 0
Instruction Building.
Navy San Diego Bachelor Enlisted 75,342 75,342
Quarters, Homeport Ashore.
Navy San Diego Berthing Pier 12 Replace & 108,414 108,414
Dredging, Ph 1.
Navy San Diego Marine Corps Energy 9,950 9,950
Initiative.
Navy Twentynine Palms Bachelor Enlisted Quarters 53,158 53,158
& Parking Structure.
Connecticut
Navy New London NSB Submarine Group 2 0 0
Headquarters.
Florida
Navy Blount Island Consolidated Warehouse 17,260 17,260
Facility.
Navy Blount Island Container Staging and 5,990 5,990
Loading Lot.
Navy Blount Island Container Storage Lot..... 4,910 4,910
Navy Blount Island Hardstand Extension....... 17,930 17,930
Navy Blount Island Paint and Blast Facility.. 18,840 18,840
Navy Blount Island Washrack Expansion........ 9,690 9,690
Navy Panama City NSA Land Acquisition.......... 0 0
Navy Panama City NSA Purchase 9 Acres.......... 0 0
Navy Tampa Joint Comms Support 2,300 0
Element Vehicle Paint
Facility.
Georgia
Navy Albany MCLB Maintenance Center Test 0 0
Firing Range.
Navy Kings Bay Security Enclave & Vehicle 45,004 45,004
Barriers.
Navy Kings Bay Waterfront Emergency Power 15,660 15,660
Hawaii
Navy Camp Smith Physical Fitness Center... 29,960 29,960
Navy Kaneohe Bay Bachelor Enlisted Quarters 90,530 90,530
Navy Kaneohe Bay Waterfront Operations 19,130 19,130
Facility.
Navy Pacific Missile Range Replace North Loop 0 0
Facility Electrical Distribution
System.
Navy Pearl Harbor Center for Disaster Mgt/ 9,140 9,140
Humanitarian Assistance.
Navy Pearl Harbor Fire Station, West Loch... 0 0
Navy Pearl Harbor Joint Pow/Mia Accounting 99,328 99,328
Command.
Navy Pearl Harbor Pre-Fab Bridge Nohili 0 0
Ditch.
Navy Pearl Harbor Welding School Shop 0 0
Consolidation.
Maine
Navy Portsmouth NSY Consolidation of 0 0
Structural Shops.
Navy Portsmouth NSY Structural Shops Addition, 0 0
Ph 1.
Maryland
Navy Indian Head Advanced Energetics 0 0
Research Lab Complex
Phase 2.
Navy Indian Head Agile Chemical Facility, 34,238 34,238
Ph 2.
Navy Patuxent River Atlantic Test Range 0 0
Addition.
Navy Patuxent River Broad Area Maritime 42,211 42,211
Surveillance & E Facility.

[[Page H8736]]

Mississippi
Navy Gulfport Branch Health Clinic...... 0 0
North Carolina
Navy Camp Lejeune 2nd Intel Battalion 90,270 90,270
Maintenance/Ops Complex.
Navy Camp Lejeune Armory- II Mef--Wallace 12,280 12,280
Creek.
Navy Camp Lejeune Bachelor Enlisted 42,330 42,330
Quarters--Courthouse Bay.
Navy Camp Lejeune Bachelor Enlisted 40,780 40,780
Quarters--Courthouse Bay.
Navy Camp Lejeune Bachelor Enlisted 43,640 43,640
Quarters--French Creek.
Navy Camp Lejeune Bachelor Enlisted 55,350 55,350
Quarters--Rifle Range.
Navy Camp Lejeune Bachelor Enlisted 51,660 51,660
Quarters--Wallace Creek.
Navy Camp Lejeune Bachelor Enlisted 46,290 46,290
Quarters--Wallace Creek
North.
Navy Camp Lejeune Bachelor Enlisted 46,550 46,550
Quarters--Camp Johnson.
Navy Camp Lejeune Explosive Ordnanance 7,420 7,420
Disposal Unit Addition--
2nd Marine Logistics
Group.
Navy Camp Lejeune Hangar.................... 73,010 73,010
Navy Camp Lejeune Maintenance Hangar........ 74,260 74,260
Navy Camp Lejeune Maintenance/Ops Complex-- 36,100 36,100
2nd Air Naval Gunfire
Liaison Company.
Navy Camp Lejeune Marine Corps Energy 9,950 9,950
Initiative.
Navy Camp Lejeune Mess Hall--French Creek... 25,960 25,960
Navy Camp Lejeune Mess Hall Addition-- 2,553 2,553
Courthouse Bay.
Navy Camp Lejeune Motor Transportation/ 18,470 18,470
Communications
Maintenance Facility.
Navy Camp Lejeune Utility Expansion--Hadnot 56,470 56,470
Point.
Navy Camp Lejeune Utility Expansion--French 56,050 56,050
Creek.
Navy Cherry Point Marine Bachelor Enlisted Quarters 42,500 42,500
Corps Air Station
Navy Cherry Point Marine Mariners Bay Land 3,790 3,790
Corps Air Station Acquisition--Bogue.
Navy Cherry Point Marine Missile Magazine.......... 13,420 13,420
Corps Air Station
Navy Cherry Point Marine Station Infrastructure 5,800 5,800
Corps Air Station Upgrades.
Pennsylvania
Navy Naval Support Activity North Gate Security 0 0
Mechanicsburg Improvements.
Navy Naval Support Activity Quiet Propulsion Load 0 0
Mechanicsburg House.
Rhode Island
Navy Newport Electromagnetic Facility.. 27,007 27,007
Navy Newport Gate Improvements......... 0 0
Navy Newport Submarine Payloads 0 0
Integration Laboratory.
South Carolina
Navy Beaufort Air Installation 21,190 21,190
Compatable Use Zone Land
Acquisition.
Navy Beaufort Aircraft Hangar........... 46,550 46,550
Navy Beaufort Physical Fitness Center... 15,430 15,430
Navy Beaufort Training and Simulator 46,240 46,240
Facility.
Texas
Navy Kingsville NAS Youth Center.............. 0 0
Virginia
Navy Dahlgren Building 1200--Missile 0 0
Support Facility
Replacement Phase 1.
Navy Norfolk Pier 9 & 10 Upgrades for 2,400 2,400
Ddg 1000.
Navy Norfolk Pier 1 Upgrades to Berth 10,035 10,035
Usns Comfort.
Navy Portsmouth Ship Repair Pier 100,000 100,000
Replacement, Incr 2.
Navy Quantico Academic Facility 12,080 12,080
Addition--Staff Non
Comissioned Officer
Academy.
Navy Quantico Bachelor Enlisted Quarters 37,810 37,810
Navy Quantico Research Center Addition-- 37,920 37,920
MCU.
Navy Quantico Student Officer Quarters-- 55,822 55,822
the Basic School.
Washington
Navy Bangor Commander Submarine 16,170 16,170
Development Squadron 5
Laboratory Expansion Ph1.
Navy Bangor Limited Area Emergency 15,810 15,810
Power.
Navy Bangor Waterfront Restricted Area 24,913 24,913
Emergency Power.
Navy Naval Base Kitsap Charleston Gate Ecp 0 0
Improvements.
Navy Naval Base Kitsap Limited Area Product/Strg 19,116 19,116
Complex (Incremented).
Bahrain Island
Navy SW Asia Navy Central Command 89,280 89,280
Ammunition Magazines.
Navy SW Asia Operations and Support 60,002 60,002
Facilities.
Navy SW Asia Waterfront Development, Ph 63,871 63,871
3.
Guam
Navy Guam Anderson AFB North Ramp 93,588 0
Parking, Ph 1, Inc 2.
Navy Guam Anderson AFB North Ramp 79,350 0
Utilities, Ph 1, Inc 2.
Navy Guam Apra Harbor Wharves 40,000 40,000
Improvements, Ph 1.
Navy Guam Defense Access Roads 66,730 66,730
Improvements.
Navy Guam Finegayan Site Prep and 147,210 0
Utilities.
Japan
Navy Atsugi MH-60r/S Trainer Facility. 6,908 6,908
Spain
Navy Rota Air Traffic Control Tower. 23,190 23,190
Djibouti
Navy Camp Lemonier Camp Lemonier HQ Facility. 12,407 0
Navy Camp Lemonier General Warehouse......... 7,324 7,324
Navy Camp Lemonier Horn of Africa Joint 28,076 0
Operations Center.
Navy Camp Lemonier Pave External Roads....... 3,824 3,824
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design....... 120,050 120,050
Locations
Navy Unspecified Worldwide Unspecified Minor 20,877 20,877
Locations Construction.

[[Page H8737]]

Total Military Construction, Navy 3,879,104 3,516,173
........................
......................
Alabama
AF Maxwell AFB Adal Air University 13,400 13,400
Library.
Alaska
AF Eielson AFB Repair Central Heat Plant 28,000 28,000
& Power Plant Boilers.
AF Elmendorf AFB Add/Alter Air Support 4,749 4,749
Operations Squadron
Training.
AF Elmendorf AFB Construct Railhead 15,000 15,000
Operations Facility.
AF Elmendorf AFB Dod Joint Regional Fire 0 0
Training Facility.
AF Elmendorf AFB F-22 Add/Alter Weapons 10,525 10,525
Release Systems Shop.
Arizona
AF Davis-Monthan AFB Aerospace Maintenance and 25,000 25,000
Regeneration Group Hangar.
AF Davis-Monthan AFB HC-130 Aerospace Ground 4,600 4,600
Equipment Maintenance
Facility.
AF Davis-Monthan AFB HC-130J Aerial Cargo 10,700 10,700
Facility.
AF Davis-Monthan AFB HC-130J Parts Store....... 8,200 8,200
AF Fort Huachuca Total Force Integration- 11,000 0
Predator Launch and
Recovery Element Beddown.
AF Luke AFB F-35 Academic Training 0 54,150
Center.
AF Luke AFB F-35 Squadron Operations 0 10,260
Facility.
California
AF Edwards AFB Flightline Fire Station... 0 0
AF Los Angeles AFB Consolidated Parking Area, 0 0
Ph 2.
Colorado
AF Buckley AFB Land Acquisition.......... 0 0
AF Buckley AFB Security Forces Operations 12,160 12,160
Facility.
AF Peterson AFB Rapid Attack 24,800 24,800
Identification Detection
Repair System Space
Control Facility.
AF U.S. Air Force Academy Const Center for Character 27,600 27,600
& Leadership Development.
Delaware
AF Dover AFB C-5M/C-17 Maintenance 3,200 3,200
Training Facility, Ph 2.
District of Columbia
AF Bolling AFB Joint Air Defense 13,200 13,200
Operations Center.
Florida
AF Eglin AFB F-35 Fuel Cell Maintenance 11,400 11,400
Hangar.
AF Hurlburt Field Adal Special Operations 6,170 6,170
School Facility.
AF Hurlburt Field Add to Visiting Quarters 4,500 4,500
(24 Rm).
AF Hurlburt Field Base Logistics Facility... 24,000 24,000
AF Patrick AFB Air Force Technical 158,009 158,009
Application Center.
AF Patrick AFB Relocate Main Gate........ 0 0
Georgia
AF Robins AFB 54th Combat Communications 0 0
Squadron Warehouse
Facility, Ph 2.
Louisiana
AF Barksdale AFB Weapons Load Crew Training 18,140 18,140
Facility.
Missouri
AF Whiteman AFB Consolidated Air Ops 0 0
Facility.
Montana
AF Malmstrom AFB Physical Fitness Center, 0 0
Phase II.
Nebraska
AF Offutt AFB Kenney/Bellevue Gates..... 0 0
Nevada
AF Creech AFB UAS Airfield Fire/Crash 11,710 11,710
Rescue Station.
AF Nellis AFB Communication Network 0 0
Control Center.
AF Nellis AFB F-35 Add/Alter 422 Test 7,870 7,870
Evaluation Squadron
Facility.
AF Nellis AFB F-35 Add/Alter Flight Test 1,900 1,900
Instrumentation Facility.
AF Nellis AFB F-35 Flight Simulator 13,110 13,110
Facility.
AF Nellis AFB F-35 Maintenance Hangar... 28,760 28,760
New Jersey
AF McGuire AFB Base Ops/Command Post 8,000 8,000
Facility (TFI).
AF McGuire AFB Dormitory (120 Rm)........ 18,440 18,440
New Mexico
AF Cannon AFB Dormitory (96 Rm)......... 14,000 14,000
AF Cannon AFB Family Support Center..... 0 0
AF Cannon AFB UAS Squadron Ops Facility. 20,000 20,000
AF Holloman AFB Parallel Taxiway, Runway 0 0
07/25.
AF Holloman AFB UAS Add/Alter Maintenance 15,470 15,470
Hangar.
AF Holloman AFB UAS Maintenance Hangar.... 22,500 22,500
AF Kirtland AFB Aerial Delivery Facility 3,800 3,800
Addition.
AF Kirtland AFB Armament Shop............. 6,460 6,460
AF Kirtland AFB H/MC-130 Fuel System 14,142 14,142
Maintenance Facility.
AF Kirtland AFB Military Working Dog 0 0
Facility.
AF Kirtland AFB Replace Fire Station 3.... 0 0
New York
AF Fort Drum 20th Air Support 20,440 20,440
Operations Squadron
Complex.
North Carolina
AF Pope AFB Crash/Fire/Rescue Station. 0 0
North Dakota
AF Grand Forks AFB Central Deployment Center. 0 0
AF Minot AFB Control Tower/Base 18,770 18,770
Operations Facility.
Oklahoma
AF Tinker AFB Air Traffic Control Tower. 0 0
AF Tinker AFB Upgrade Building 3001 14,000 14,000
Infrastructure, Ph 3.
South Carolina
AF Charleston AFB Civil Engineer Complex 15,000 15,000
(TFI)--Ph 1.
South Dakota

[[Page H8738]]

AF Ellsworth AFB Maintenance Training 0 0
Facility.
Texas
AF Dyess AFB C-130J Add/Alter Flight 4,080 4,080
Simulator Facility.
AF Ellington Field Upgrade Unmanned Aerial 7,000 0
Vehicle Maintenance
Hangar.
AF Lackland AFB Basic Military Training 32,000 32,000
Satellite Classroom/
Dining Facility No 2.
AF Lackland AFB One-Company Fire Station.. 5,500 5,500
AF Lackland AFB Recruit Dormitory, Ph 3... 67,980 67,980
AF Lackland AFB Recruit/Family 21,800 21,800
Inprocessing & Info
Center.
AF Laughlin AFB Community Event Complex... 0 0
AF Randolph AFB Fire Crash Rescue Station. 0 0
Utah
AF Hill AFB Consolidated 0 0
Transportation
Facilities, Phase I.
AF Hill AFB F-22 T-10 Engine Test Cell 2,800 2,800
AF Hill AFB F-35 Add/Alt Building 118 0 3,600
for Flight Simulator.
AF Hill AFB F-35 Add/Alt Hangar 45W/ 0 6,500
AMU.
AF Hill AFB F-35A Modular Storage 0 2,000
Magazine.
Virginia
AF Langley AFB F-22 Add/Alter Hangar Bay 8,800 8,800
Lo/Cr Facility.
Washington
AF Fairchild AFB Precision Measurement 0 0
Equipment Laboratory
(Pmel) Facility.
AF Mcchord AFB Chapel Center............. 0 0
Wyoming
AF Camp Guernsey Nuclear/Space Security 4,650 4,650
Tactics Training Center.
Afghanistan
AF Bagram AFB Consolidated Rigging 9,900 9,900
Facility.
AF Bagram AFB Fighter Hangar............ 16,480 16,480
AF Bagram AFB Medevac Ramp Expansion/ 16,580 16,580
Fire Station.
Bahrain Island
AF SW Asia North Apron Expansion..... 45,000 45,000
Germany
AF Kapaun Dormitory (128 Rm)........ 19,600 19,600
AF Ramstein AB Construct C-130J Flight 8,800 8,800
Simulator Facility.
AF Ramstein AB Deicing Fluid Storage & 2,754 2,754
Dispensing Facility.
AF Ramstein AB Unmanned Aerial System 10,800 10,800
Satellite Communication
Relay Pads & Facility.
AF Vilseck Air Support Operations 12,900 12,900
Squadron Complex.
Guam
AF Andersen AFB Combat Communications 9,200 9,200
Operations Facility.
AF Andersen AFB Commando Warrior Open Bay 11,800 11,800
Student Barracks.
AF Andersen AFB Guam Strike Ops Group & 9,100 9,100
Tanker Task Force.
AF Andersen AFB Guam Strike South Ramp 12,200 12,200
Utilities, Ph 1.
AF Andersen AFB Red Horse Headquarters/ 8,000 8,000
Engineering Facility.
Italy
AF Aviano AFB Air Support Operations 10,200 10,200
Squadron Facility.
AF Aviano AFB Dormitory (144 Rm)........ 19,000 19,000
Korea
AF Kunsan AFB Construct Distributed 7,500 7,500
Mission Training Flight
Simulator Facility.
Qatar
AF Al Udeid Blatchford-Preston Complex 62,300 62,300
Ph 3.
United Kingdom
AF Royal Air Force Extend Taxiway Alpha...... 15,000 15,000
Mildenhall
Worldwide Unspecified
AF Unspecified Worldwide F-35 Academic Training 54,150 0
Locations Center.
AF Unspecified Worldwide F-35 Flight Simulator 12,190 0
Locations Facility.
AF Unspecified Worldwide Planning & Design......... 66,336 66,336
Locations
AF Unspecified Worldwide Unspecified Minor 18,000 18,000
Locations Construction--FY11.
AF Various Worldwide F-35 Squadron Operations 10,260 0
Locations Facility.
Total Military Construction, Air Force 1,311,385 1,293,295
........................
......................
Arizona
Def-Wide Marana Special Operations Forces 0 0
Parachute Training
Facility.
Def-Wide Yuma Special Operations Forces 8,977 8,977
Military Free Fall
Simulator.
California
Def-Wide Point Loma Annex Replce Storage Facility, 20,000 20,000
Incr 3.
Def-Wide Point Mugu Aircraft Direct Fueling 3,100 3,100
Station.
Colorado
Def-Wide Fort Carson Special Operations Forces 3,717 3,717
Tactical Unmanned Aerial
Vehicle Hangar.
District of Columbia
Def-Wide Bolling AFB Replace Parking Structure, 3,000 3,000
Ph 1.
Florida
Def-Wide Eglin AFB Special Operations Forces 6,030 6,030
Ground Support Battalion
Detachment.
Georgia
Def-Wide Augusta National Security Agency/ 12,855 12,855
Central Security Service
Georgia Training Facility.
Def-Wide Fort Benning Dexter Elementary School 2,800 2,800
Construct Gym.
Def-Wide Fort Benning Special Operations Forces 20,441 20,441
Company Support Facility.
Def-Wide Fort Benning Special Operations Forces 3,624 3,624
Military Working Dog
Kennel Complex.
Def-Wide Fort Stewart Health Clinic Addtion/ 35,100 35,100
Alteration.
Def-Wide Hunter Angs Fuel Unload Facility...... 2,400 2,400
Def-Wide Hunter Army Airfield Special Operations Forces 3,318 3,318
Tactical Equipment
Maintenance Facility
Expansion.
Hawaii
Def-Wide Hickam AFB Alter Fuel Storage Tanks.. 8,500 8,500
Def-Wide Pearl Harbor Naval Special Warfare 28,804 28,804
Group 3 Command and
Operations Facility.
Idaho

[[Page H8739]]

Def-Wide Mountain Home AFB Replace Fuel Storage Tanks 27,500 27,500
Illinois
Def-Wide Scott Air Force Base Field Command Facility 1,388 1,388
Upgrade.
Kentucky
Def-Wide Fort Campbell Landgraf Hangar Addition, 0 0
160th Soar.
Def-Wide Fort Campbell Special Operations Forces 38,095 38,095
Battalion Ops Complex.
Maryland
Def-Wide Aberdeen Proving US Army Medical Research 105,000 105,000
Ground Institue of Infectious
Diseases Replacement, Inc
3.
Def-Wide Andrews AFB Replace Fuel Storage & 14,000 14,000
Distribution Facility.
Def-Wide Bethesda Naval National Naval Medical 17,100 17,100
Hospital Center Parking Expansion.
Def-Wide Bethesda Naval Transient Wounded Warrior 62,900 62,900
Hospital Lodging.
Def-Wide Fort Detrick Consolidated Logistics 23,100 23,100
Facility.
Def-Wide Fort Detrick Information Services 4,300 4,300
Facility Expansion.
Def-Wide Fort Detrick National Interagency 2,700 2,700
Biodefense Campus
Security Fencing and
Equipment.
Def-Wide Fort Detrick Supplemental Water Storage 3,700 3,700
Def-Wide Fort Detrick US Army Medical Research 17,400 17,400
Institue of Infectious
Diseases--Stage I, Inc 5.
Def-Wide Fort Detrick Water Treatment Plant 11,900 11,900
Repair & Supplement.
Def-Wide Fort Meade North Campus Utility 219,360 219,360
Plant, Incr 1.
Massachusetts
Def-Wide Hanscom AFB Mental Health Clinic 2,900 2,900
Addition.
Mississippi
Def-Wide Stennis Space Center SOF Western Maneuver Area 0 0
(Phase II).
Def-Wide Stennis Space Center SOF Western Maneuver Area 0 0
(Phase III).
Def-Wide Stennis Space Center Special Operations Forces 0 0
Land Acquisition, Ph 3.
New Mexico
Def-Wide Cannon AFB Special Operations Forces 13,287 13,287
Add/Alt Simulator
Facility for MC-130.
Def-Wide Cannon AFB Special Operations Forces 12,636 12,636
Aircraft Parking Apron
(MC-130J).
Def-Wide Cannon AFB Special Operations Forces 26,006 26,006
C-130 Parking Apron Phase
I.
Def-Wide Cannon AFB Special Operations Forces 24,622 24,622
Hangar/AMU (MC-130J).
Def-Wide Cannon AFB Special Operations Forces 39,674 39,674
Operations and Training
Complex.
Def-Wide White Sands Health and Dental Clinics. 22,900 22,900
New York
Def-Wide U.S. Military Academy West Point MS Add/Alt..... 27,960 27,960
North Carolina
Def-Wide Camp Lejeune Tarawa Terrace I Elementry 16,646 16,646
School Replace School.
Def-Wide Fort Bragg Mcnair Elementry School-- 23,086 23,086
Replace School.
Def-Wide Fort Bragg Murray Elementry School-- 22,000 22,000
Replace School.
Def-Wide Fort Bragg SOF Baffle Containment for 0 0
Range 19C.
Def-Wide Fort Bragg SOF Medical Support 0 0
Addition.
Def-Wide Fort Bragg Special Operations Forces 10,347 10,347
Admin/Company Operations.
Def-Wide Fort Bragg Special Operations Forces 41,000 41,000
C4 Facility.
Def-Wide Fort Bragg Special Operations Forces 32,000 32,000
Joint Intelligence
Brigade Facility.
Def-Wide Fort Bragg Special Operations Forces 11,000 11,000
Operational
Communications Facility.
Def-Wide Fort Bragg Special Operations Forces 15,795 15,795
Operations Additions.
Def-Wide Fort Bragg Special Operations Forces 13,465 13,465
Operations Support
Facility.
Ohio
Def-Wide Columbus Replace Public Safety 7,400 7,400
Facility.
Pennsylvania
Def-Wide Def Distribution Depot Replace Headquarters 96,000 96,000
New Cumberland Facility.
Texas
Def-Wide Fort Bliss Hospital Replacement, Incr 147,100 147,100
2.
Def-Wide Lackland AFB Ambulatory Care Center, Ph 162,500 162,500
2.
Utah
Def-Wide Camp Williams Comprehensive National 398,358 398,358
Cybersecurity Initiative
Data Center Increment 2.
Virginia
Def-Wide Craney Island Replace Fuel Pier......... 58,000 58,000
Def-Wide Fort Belvoir Dental Clinic Replacement. 6,300 6,300
Def-Wide Pentagon Pentagon Metro & Corridor 6,473 6,473
8 Screening Facility.
Def-Wide Pentagon Power Plant Modernization, 51,928 51,928
Ph 3.
Def-Wide Pentagon Secure Access Lane-Remote 4,923 4,923
Vehicle Screening.
Def-Wide Quantico New Consolidated Elemetary 47,355 47,355
School.
Washington
Def-Wide Fort Lewis Preventive Medicine 8,400 8,400
Facility.
Def-Wide Fort Lewis Special Operations Forces 0 0
Military Working Dogs
Kennel.
Belgium
Def-Wide Brussels NATO Headquarters Facility 31,863 31,863
Def-Wide Brussels Replace Shape Middle 67,311 67,311
School/High School.
Germany
Def-Wide Katterbach Health/Dental Clinic 37,100 37,100
Replacement.
Def-Wide Panzer Kaserne Replace Boeblingen High 48,968 48,968
School.
Def-Wide Vilseck Health Clinic Add/Alt..... 34,800 34,800
Guam
Def-Wide Agana NAS Hospital Replacement, Incr 70,000 0
2.
Japan
Def-Wide Kadena AB Install Fuel Filters- 3,000 3,000
Separators.
Def-Wide Misawa AB Hydrant Fuel System....... 31,000 31,000
Korea
Def-Wide Camp Carroll Health/Dental Clinic 19,500 19,500
Replacement.
Qatar
Def-Wide Al Udeid Qatar Warehouse........... 1,961 1,961
Puerto Rico
Def-Wide Fort Buchanan Antilles Elementry School/ 58,708 58,708
Intermediate School--
Replace School.

[[Page H8740]]

United Kingdom
Def-Wide Menwith Hill Station Menwith Hill Station PSC 2,000 2,000
Construction--Generators
10 & 11.
Def-Wide Royal Air Force Alconbury Elementry School 30,308 30,308
Alconbury Replacement.
Def-Wide Royal Air Force Replace Hydrant Fuel 15,900 15,900
Mildenhall Distribution System.
Various Locations
Def-Wide Unspecified Worldwide General Reduction......... 0 0
Locations
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction.. 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Energy Conservation 120,000 120,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Planning and Design 79,763 79,763
Locations (DODEA).
Def-Wide Unspecified Worldwide Planning and Design (DSS). 1,988 1,988
Locations
Def-Wide Unspecified Worldwide Planning and Design (NSA). 28,239 28,239
Locations
Def-Wide Unspecified Worldwide Planning and Design 30,836 30,836
Locations (SOCOM).
Def-Wide Unspecified Worldwide Planning and Design (TMA). 230,300 230,300
Locations
Def-Wide Unspecified Worldwide Planning and Design 54,221 54,221
Locations (Undistributed).
Def-Wide Unspecified Worldwide Planning and Design (WHS). 6,270 6,270
Locations
Def-Wide Unspecified Worldwide Planning and Design-ECIP.. 0 0
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 13,841 13,841
Locations Construction (DODEA).
Def-Wide Unspecified Worldwide Unspecified Minor 8,210 8,210
Locations Construction (JCS).
Def-Wide Unspecified Worldwide Unspecified Minor 4,884 4,884
Locations Construction (TMA).
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction
(Undistributed).
Def-Wide Various Worldwide Unspecified Minor 5,258 5,258
Locations Construction (DLA).
Def-Wide Various Worldwide Unspecified Minor 7,663 7,663
Locations Construction (SOCOM).
Total Military Construction, Defense-Wide 3,118,062 3,048,062
........................
......................
Colorado
Chem Demil Pueblo Depot Ammunition 65,569 65,569
Demilitarization
Facility, Ph 12.
Kentucky
Chem Demil Blue Grass Army Depot Ammunition 59,402 59,402
Demilitarization Ph 11.
Total Chemical Demilitarization Construction, Defense 124,971 124,971
........................
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 258,884 258,884
Investment Program Program.
Total NATO Security Investment Program 258,884 258,884
........................
......................
Alabama
Army NG Fort Mcclellan Live Fire Shoot House..... 0 0
Arizona
Army NG Florence Readiness Center.......... 16,500 16,500
Arkansas
Army NG Camp Robinson Combined Support 30,000 30,000
Maintenance Shop.
Army NG Fort Chaffee Combined Arms Collective 19,000 19,000
Training Facility.
Army NG Fort Chaffee Convoy Live Fire/Entry 0 0
Control Point Range.
Army NG Fort Chaffee Live Fire Shoot House..... 2,500 2,500
California
Army NG Camp Roberts Combined Arms Collective 19,000 19,000
Training Facility.
Colorado
Army NG Colorado Springs Readiness Center.......... 20,000 20,000
Army NG Fort Carson Regional Training 40,000 40,000
Institute.
Army NG Gypsum High Altitude Army 39,000 39,000
Aviation Training Site/
Army Aviation Support
Facility.
Army NG Watkins Parachute Maintenance 0 0
Facility.
Army NG Windsor Readiness Center.......... 7,500 7,500
Connecticut
Army NG Windsor Locks Readiness Center 41,000 41,000
(Aviation).
Delaware
Army NG New Castle Armed Forces Reserve 27,000 27,000
Center(JFHQ).
Georgia
Army NG Cumming Readiness Center.......... 17,000 17,000
Army NG Dobbins ARB Readiness Center Add/Alt.. 10,400 10,400
Hawaii
Army NG Kalaeloa Combined Support 38,000 38,000
Maintenance Shop.
Idaho
Army NG Gowen Field Barracks (Operational 17,500 17,500
Readiness Training
Complex) Ph1.
Army NG Mountain Home Tactical Unmanned Aircraft 6,300 6,300
System Facility.
Illinois
Army NG Marseilles TA Simulation Center......... 0 0
Army NG Springfield Combined Support 15,000 15,000
Maintenance Shop Add/Alt.
Iowa
Army NG Camp Dodge Combined Arms Collective 0 0
Training Facility.
Kansas
Army NG Topeka Army Aviation Taxiway, Parking Ramps and 0 0
Support Facility Hanger Alterations.
Army NG Wichita Field Maintenance Shop.... 24,000 24,000
Army NG Wichita Readiness Center.......... 43,000 43,000
Kentucky
Army NG Burlington Readiness Center.......... 19,500 19,500
Louisiana
Army NG Fort Polk Tactical Unmanned Aircraft 5,500 5,500
System Facility.
Army NG Minden Readiness Center.......... 28,000 28,000
Maryland

[[Page H8741]]

Army NG St. Inigoes Tactical Unmanned Aircraft 5,500 5,500
System Facility.
Massachusetts
Army NG Hanscom AFB Armed Forces Reserve 23,000 23,000
Center(JFHQ)Ph2.
Michigan
Army NG Camp Grayling Range Barracks Replacement, 0 0
Phase Ii.
Army NG Camp Grayling Range Combined Arms Collective 19,000 19,000
Training Facility.
Army NG Camp Grayling Range Light Demolition Range.... 0 0
Minnesota
Army NG Arden Hills Field Maintenance Shop.... 29,000 29,000
Army NG Camp Ripley Infantry Squad Battle 4,300 4,300
Course.
Army NG Camp Ripley Tactical Unmanned Aircraft 4,450 4,450
System Facility.
Missouri
Army NG Fort Leonard Wood Regional Training 0 0
Institute.
Nebraska
Army NG Lincoln Readiness Center Add/Alt.. 3,300 3,300
Army NG Mead Readiness Center.......... 11,400 11,400
Nevada
Army NG Las Vegas Cst Ready Building........ 0 0
Army NG Nevada National Guard Las Vegas Field 0 0
Maintenance Shop.
New Hampshire
Army NG Pembroke Barracks Facility 15,000 15,000
(Regional Training
Institute).
Army NG Pembroke Classroom Facility 21,000 21,000
(Regional Training
Institute).
New Mexico
Army NG Farmington Readiness Center Add/Alt.. 8,500 8,500
New York
Army NG Ronkonkoma Flightline Rehabilitation. 0 0
North Carolina
Army NG High Point Readiness Center Add/Alt.. 1,551 1,551
Army NG Morrisville Aasf 1 Fixed Wing Aircraft 0 0
Hangar Annex.
North Dakota
Army NG Camp Grafton Readiness Center Add/Alt.. 11,200 11,200
Ohio
Army NG Camp Sherman Maintenance Building Add/ 0 0
Alt.
Rhode Island
Army NG East Greenwich United States Property & 27,000 27,000
Fiscal Office.
Army NG Middletown Readiness Center Add/Alt.. 0 0
South Dakota
Army NG Watertown Readiness Center.......... 25,000 25,000
Texas
Army NG Camp Maxey Combat Pistol/Military 2,500 2,500
Pistol Qualification
Course.
Army NG Camp Swift Urban Assault Course...... 2,600 2,600
Washington
Army NG Tacoma Combined Support 25,000 25,000
Maintenance Shop.
West Virginia
Army NG Moorefield Readiness Center.......... 14,200 14,200
Army NG Morgantown Readiness Center.......... 21,000 21,000
Wisconsin
Army NG Madison Aircraft Parking.......... 5,700 5,700
Army NG Wausau Field Maintenance Shop.... 0 0
Wyoming
Army NG Laramie Field Maintenance Shop.... 14,400 14,400
Guam
Army NG Barrigada Combined Support Maint 19,000 19,000
Shop Ph1.
Puerto Rico
Army NG Camp Santiago Live Fire Shoot House..... 3,100 3,100
Army NG Camp Santiago Multipurpose Machine Gun 9,200 9,200
Range.
Virgin Islands
Army NG St. Croix Readiness Center (JFHQ)... 25,000 25,000
Unspecified
Army NG Varlocs Varlocs................... 0 0
Worldwide Unspecified
Army NG Unspecified Worldwide Planning & Design......... 25,663 25,663
Locations
Army NG Unspecified Worldwide Unspecified Minor 11,400 11,400
Locations Construction.
Total Military Construction, Army National Guard 873,664 873,664
........................
......................
California
Army Res Fairfield Army Reserve Center....... 26,000 26,000
Army Res Fort Hunter Liggett Equipment Concentration 22,000 22,000
Site Tactical Equipment
Maint Facility.
Army Res Fort Hunter Liggett Equipment Concentration 15,000 15,000
Site Warehouse.
Army Res Fort Hunter Liggett Grenade Launcher Range.... 1,400 1,400
Army Res Fort Hunter Liggett Hand Grenade 1,400 1,400
Familiarization Range
(Live).
Army Res Fort Hunter Liggett Light Demolition Range.... 2,700 2,700
Army Res Fort Hunter Liggett Tactical Vehicle Wash Rack 9,500 9,500
Florida
Army Res North Fort Myers Army Reserve Center/Land.. 13,800 13,800
Army Res Orlando Army Reserve Center/Land.. 10,200 10,200
Army Res Tallahassee Army Reserve Center/Land.. 10,400 10,400
Georgia
Army Res Macon Army Reserve Center/Land.. 11,400 11,400
Illinois
Army Res Quincy Army Reserve Center/Land.. 12,200 12,200
Army Res Rockford Usarc Army Reserve Center....... 0 0

[[Page H8742]]

Indiana
Army Res Michigan City Army Reserve Center/Land.. 15,500 15,500
Iowa
Army Res Des Moines Army Reserve Center....... 8,175 8,175
Massachusetts
Army Res Devens Reserve Forces Automated Record Fire 4,700 4,700
Training Area Range.
Missouri
Army Res Belton Army Reserve Center....... 11,800 11,800
New Jersey
Army Res Fort Dix Automated Multipurpose 0 0
Machine Gun Range.
New Mexico
Army Res Las Cruces Army Reserve Center/Land.. 11,400 11,400
New York
Army Res Binghamton Army Reserve Center/Land.. 13,400 13,400
Texas
Army Res Denton Army Reserve Center/Land.. 12,600 12,600
Army Res Fort Hood Army Reserve Center....... 0 0
Army Res Rio Grande Army Reserve Center/Land.. 6,100 6,100
Army Res San Marcos Army Reserve Center/Land.. 8,500 8,500
Virginia
Army Res Fort A.P. Hill Army Reserve Center....... 15,500 15,500
Army Res Fort Story Army Reserve Center....... 11,000 11,000
Army Res Roanoke Army Reserve Center/Land.. 14,800 14,800
Wisconsin
Army Res Fort Mccoy AT/MOB Billeting Complex, 9,800 9,800
Ph 1.
Army Res Fort Mccoy Nco Academy, Ph 2......... 10,000 10,000
Unspecified
Army Res Varlocs Varlocs................... 0 0
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 25,900 25,900
Locations
Army Res Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Total Military Construction, Army Reserve 318,175 318,175
........................
......................
California
N/MC Res Twentynine Palms Tank Vehicle Maintenance 5,991 5,991
Facility.
Louisiana
N/MC Res New Orleans Joint Air Traffic Control 16,281 16,281
Facility.
Virginia
N/MC Res Williamsburg Navy Ordnance Cargo 21,346 21,346
Logistics Training Camp.
Washington
N/MC Res Yakima Marine Corps Reserve 13,844 13,844
Center.
Unspecified
N/MC Res Varlocs Varlocs................... 0 0
N/MC Res Varlocs Varlocs................... 0 0
Worldwide Unspecified
N/MC Res Unspecified Worldwide Mcnr Unspecified Minor 2,238 2,238
Locations Construction.
N/MC Res Unspecified Worldwide Planning and Design....... 1,857 1,857
Locations
Total Military Construction, Naval Reserve 61,557 61,557
........................
......................
Alabama
Air NG Montgomery Regional Fuel Cell and Corrosion 7,472 7,472
Airport (ANG) Base Control Hangar.
Air NG Montgomery Regional Replace Squad Ops Facility 0 0
Airport (ANG) Base
Alaska
Air NG Eielson AFB Add/Alter Communications 0 0
Facility.
Arizona
Air NG Davis Monthan AFB TFI--Predator FOC-- 4,650 4,650
Increased Mission Orbit
Tasking.
Air NG Fort Huachuca Total Force Integration-- 0 11,000
Predator Launch and
Recovery Element Beddown.
Arkansas
Air NG Little Rock AFB Fuel Cell and Corrosion 0 0
Control Hangar.
Colorado
Air NG Buckely AFB Taxiway Juliet and Lima... 0 0
Delaware
Air NG New Castle County C-130 Aircraft Maintenance 0 0
Airport Shops (Phase III).
Air NG New Castle County Joint Forces Operations 1,500 1,500
Airport Center-ANG Share.
Florida
Air NG Jacksonville IAP Security Forces Training 6,700 6,700
Facility.
Georgia
Air NG Savannah/Hilton Head Relocate Air Supt Opers 7,450 7,450
IAP Sqdn (Asos) Fac.
Hawaii
Air NG Hickam AFB F-22 Beddown 5,950 5,950
Intrastructure Support.
Air NG Hickam AFB F-22 Hangar, Squadron 48,250 48,250
Operations and AMU.
Air NG Hickam AFB F-22 Upgrade Munitions 17,250 17,250
Complex.
Illinois
Air NG Capital Map CNAF Beddown-Upgrade 16,700 16,700
Facilities.
Indiana
Air NG Hulman Regional Asos Beddown-Upgrade 4,100 4,100
Airport Facilities.
Iowa
Air NG Des Moines Corrosion Control Hangar.. 0 0
Air NG Des Moines IAP Corrosion Control Hangar.. 0 0

[[Page H8743]]

Maryland
Air NG Martin State Airport Replace Ops and Medical 11,400 11,400
Training Facility.
Massachusetts
Air NG Barnes ANGB Add to Aircraft 0 0
Maintenance Hangar.
Air NG Barnes Municipal Additions and Renovations 0 0
Airport to Building 15.
Michigan
Air NG Alpena Combat Replace Troop Quarters, 0 0
Readiness Training Phase II.
Center
Minnesota
Air NG Duluth Load Crew Training and 0 0
Weapon Release Shops.
New Jersey
Air NG 177th Fighter Wing, Fuel Cell and Corrosion 0 0
Atlantic City Control Hanger.
Air NG Atlantic City IAP Fuel Cell and Corrosion 0 0
Control Hangar.
New York
Air NG Fort Drum Reaper Infrastructure 2,500 2,500
Support.
Air NG Stewart IAP Aircraft Conversion 0 0
Facility.
Air NG Stewart IAP Base Defense Group Beddown 14,250 14,250
North Carolina
Air NG Stanly County Airport Upgrade Asos Facilities... 2,000 2,000
Ohio
Air NG Toledo Express Airport Replace Security Forces 0 0
Complex.
Air NG Toledo Express Airport Replace Security Forces 0 0
Complex.
Oregon
Air NG Kingsley Field ANG Replace Fire Station...... 0 0
Base
Pennsylvania
Air NG State College Angs Add to and Alter AOS 4,100 4,100
Facility.
Rhode Island
Air NG Quonset State Airport C-130 Parking Apron....... 0 0
South Carolina
Air NG Mcentire Training/Operations Center 0 0
Air NG Mcentire Joint Replace Operations and 0 0
National Guard Base Training.
South Dakota
Air NG Joe Foss Field Aircraft Maintenance Shops 0 0
Tennessee
Air NG Mcghee Tyson ANG Base Hobbs Road Acquisition.... 0 0
Air NG Nashville IAP Renovate Intel Squadron 5,500 5,500
Facilities.
Texas
Air NG Ellington Field Upgrade Unmanned Aerial 0 7,000
Vehicle Maintenance
Hangar.
Vermont
Air NG Burlington Upgrade Taxiways and 0 0
International Airport Replace Arm/Disarm Pads.
West Virginia
Air NG Yeager AFB Communications Training 0 0
Fac..
Air NG Yeager AFB Force Protection/ 0 0
Antiterrorism.
Wisconsin
Air NG General Mitchell Replace Fire Station...... 0 0
International Airport
Unspecified
Air NG Varlocs Varlocs................... 0 0
Worldwide Unspecified
Air NG Unspecified Worldwide Minor Construction........ 8,000 8,000
Locations
Air NG Unspecified Worldwide Planning & Design......... 9,214 9,214
Locations
Total Military Construction, Air National Guard 176,986 194,986
........................
......................
Florida
AF Res Patrick AFB Weapons Maintenance 3,420 3,420
Facility.
New York
AF Res Niagara ARS C-130 Flightline 0 0
Operations Facility, Ph 1.
Unspecified
AF Res Varlocs Varlocs................... 0 0
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design....... 1,653 1,653
Locations
AF Res Various Worldwide Unspecified Minor 2,759 2,759
Locations Construction.
Total Military Construction, Air Force Reserve 7,832 7,832
........................
......................
Alaska
FH Con Army Fort Wainwright Family Housing Replacement 21,000 21,000
Constrution (110 Units).
Germany
FH Con Army Baumholder Family Housing Replacement 34,329 34,329
Construction (64 Units).
Worldwide Unspecified
FH Con Army Unspecified Worldwide Construction Improvements 35,000 35,000
Locations (235 Units).
FH Con Army Unspecified Worldwide Family Housing Planning & 2,040 2,040
Locations Design.
Total, Family Housing Construction, Army 92,369 92,369
........................
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Leasing................... 203,184 203,184
Locations
FH Ops Army Unspecified Worldwide Maintenance of Real 120,899 120,899
Locations Property.
FH Ops Army Unspecified Worldwide Miscellaneous Account..... 1,201 1,201
Locations
FH Ops Army Unspecified Worldwide Operations................ 96,142 96,142
Locations
FH Ops Army Unspecified Worldwide Privatization Support 27,059 27,059
Locations Costs.
FH Ops Army Unspecified Worldwide Utilities Account......... 69,655 69,655
Locations

[[Page H8744]]

Total, Family Housing Operation And Maintenance, Army 518,140 518,140
........................
......................
Guantanamo Bay, Cuba
FH Con Navy Guantanamo Bay Replace GTMO Housing...... 37,169 37,169
Total, Family Housing Construction, Navy And Marine Corps 37,169 37,169
........................
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Classified Project........ 50 0
Locations
FH Con AF Unspecified Worldwide Construction Improvments.. 73,750 73,800
Locations
Total, Family Housing Construction, Air Force 73,800 73,800
........................
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design.................... 3,255 3,255
Locations
FH Con Navy Unspecified Worldwide Improvements.............. 146,020 146,020
Locations
Total Family Housing Construction, Navy And Marine Corps 149,275 149,275
........................
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Planning & Design......... 4,225 4,225
Locations
Total Family Housing Construction, Air Force 4,225 4,225
........................
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings Account....... 14,478 14,478
Locations
FH Ops Navy Unspecified Worldwide Leasing................... 97,484 97,484
Locations
FH Ops Navy Unspecified Worldwide Maintenance of Real 87,134 87,134
Locations Property.
FH Ops Navy Unspecified Worldwide Management Account........ 63,551 63,551
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous Account..... 464 464
Locations
FH Ops Navy Unspecified Worldwide Privatization Support 26,526 26,526
Locations Costs.
FH Ops Navy Unspecified Worldwide Services Account.......... 16,790 16,790
Locations
FH Ops Navy Unspecified Worldwide Utilities Account......... 59,919 59,919
Locations
Total Family Housing Operation And Maintenance, Navy And Marine Corps 366,346 366,346
........................
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings Account....... 35,399 35,399
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 53,903 53,903
Locations
FH Ops AF Unspecified Worldwide Leasing................... 95,143 95,143
Locations
FH Ops AF Unspecified Worldwide Leasing Account........... 528 528
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 159,725 159,725
Locations
FH Ops AF Unspecified Worldwide Maintenance Account....... 1,971 1,971
Locations
FH Ops AF Unspecified Worldwide Management Account........ 1,561 1,561
Locations
FH Ops AF Unspecified Worldwide Management Account........ 54,633 54,633
Locations
FH Ops AF Unspecified Worldwide Miscellaneous Account..... 1,710 1,710
Locations
FH Ops AF Unspecified Worldwide Services Account.......... 19,974 19,974
Locations
FH Ops AF Unspecified Worldwide Utilities Account......... 89,245 89,245
Locations
Total Family Housing Operation And Maintenance, Air Force 513,792 513,792
........................
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings Account....... 4,501 4,501
Locations
FH Ops DW Unspecified Worldwide Furnishings Account....... 18 18
Locations
FH Ops DW Unspecified Worldwide Leasing................... 10,293 10,293
Locations
FH Ops DW Unspecified Worldwide Leasing................... 34,124 34,124
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real 707 707
Locations Property.
FH Ops DW Unspecified Worldwide Maintenance of Real 70 70
Locations Property.
FH Ops DW Unspecified Worldwide Management Account........ 365 365
Locations
FH Ops DW Unspecified Worldwide Operations................ 50 50
Locations
FH Ops DW Unspecified Worldwide Services Account.......... 29 29
Locations
FH Ops DW Unspecified Worldwide Utilities Account......... 10 10
Locations
FH Ops DW Unspecified Worldwide Utilities Account......... 297 297
Locations
Total Family Housing Operation And Maintenance, Defense-Wide 50,464 50,464
........................
......................
Worldwide Unspecified
HOAP Unspecified Worldwide Homeowers Assistance 16,515 16,515
Locations Program.
Total Homeowners Assistance Fund 16,515 16,515
........................
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Family Housing Improvement 1,096 1,096
Locations Fund.
Total DOD Family Housing Improvement Fund 1,096 1,096
........................
......................
Maryland
BRAC 05 Bethesda (Wrnmmc) Defense Access Roads-- 20,000 20,000
Medical Center Entrance.
BRAC 05 Bethesda (Wrnmmc) Traffic Mitigation, Incr 2 7,600 7,600
Texas
BRAC 05 Fort Sam Houston San Antonio Military 93,941 93,941
Medical Center (North),
Incr 4.
Virginia

[[Page H8745]]

BRAC 05 Fort Belvoir Hospital Replacement, Incr 63,637 63,637
5.
BRAC 05 Fort Belvoir NGA Headquarters Facility. 83,328 83,328
BRAC 05 Fort Belvoir Office Complex, Incr 4.... 5,610 5,610
Worldwide Unspecified
BRAC 05 Unspecified Worldwide Rescission................ 0 0
Locations
BRAC 05 Various Environmental............. 19,555 19,555
BRAC 05 Various Environmental............. 73,511 73,511
BRAC 05 Various Environmental............. 15,201 15,201
BRAC 05 Various Military Personnel 1,456 1,456
Permanent Change of
Station.
BRAC 05 Various Military Personnel 1,277 1,277
Permanent Change of
Station.
BRAC 05 Various Operation and Maintenance. 476,764 476,764
BRAC 05 Various Operation and Maintenance. 99,570 99,570
BRAC 05 Various Operation and Maintenance. 887,231 887,231
BRAC 05 Various Operation and Maintenance. 321,888 321,888
BRAC 05 Various Other..................... 121,584 121,584
BRAC 05 Various Other..................... 3,601 3,601
BRAC 05 Various Other..................... 6,853 6,853
BRAC 05 Various Other..................... 51,678 51,678
Total Base Realignment and Closure Account 2005 2,354,285 2,354,285
........................
......................
Worldwide Unspecified
BRAC IV Base Realignment & Base Realignment & Closure 124,874 124,874
Closure, Air Force
BRAC IV Base Realignment & Base Realignment & Closure 73,600 73,600
Closure, Army
BRAC IV Base Realignment & Base Realignment & Closure 162,000 162,000
Closure, Navy
Total Base Realignment and Closure Account 1990 360,474 360,474
........................
......................
Unspecified
GR Unspecified Worldwide General Reductions........ 0 0
Locations
Total General Reductions 0
Total Military Construction 18,747,368 18,190,547
----------------------------------------------------------------------------------------------------------------

SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Afghanistan
Army Airborne Rotary Wing Parking......... 1,200 0
Army Bagram AFB Army Aviation HQ Facilities. 0 0
Army Bagram AFB Barracks.................... 0 0
Army Bagram AFB Command & Control Facility.. 13,600 13,600
Army Bagram AFB Consolidated Community 0 0
Support Area.
Army Bagram AFB Consolidated Laboratory..... 0 13,800
Army Bagram AFB Counter-Improvised Explosive 24,000 24,000
Device Task Force Compound.
Army Bagram AFB Detention Facility in Parwan 23,000 0
Detainee Housing.
Army Bagram AFB Dining Facility............. 2,650 6,000
Army Bagram AFB Eastside Electrical 0 0
Distribution.
Army Bagram AFB Eastside Utilities 0 0
Infrastructure.
Army Bagram AFB Entry Control Point......... 0 0
Army Bagram AFB Joint Defense Operations 0 0
Center.
Army Bagram AFB Military Police HQ.......... 2,800 5,500
Army Bagram AFB Replace Temporary Guard 5,500 5,500
Towers.
Army Bagram AFB Role III Hospital........... 35,000 42,000
Army Bagram AFB Tanker Truck Off-Load 5,700 0
Facility.
Army Bagram AFB Task Force Freedom Compound. 18,000 18,000
Army Bagram AFB Troop Housing, Ph 4......... 23,000 23,000
Army Bagram AFB Troop Housing, Ph 5......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 6......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 7......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 8......... 29,000 29,000
Army Bagram AFB Vet Clinic & Kennel......... 2,600 2,600
Army Delaram Ii Entry Control Point and 0 4,400
Access Roads.
Army Dwyer Dining Facility............. 6,000 9,000
Army Dwyer Entry Control Point......... 5,100 5,100
Army Dwyer Rotary Wing Apron........... 44,000 44,000
Army Dwyer Wastewater Treatment 16,000 16,000
Facility.
Army Frontenac Waste Management Complex.... 4,200 4,200
Army Frontenac Wastewater Treatment 4,200 4,200
Facility.
Army Jalalabad Rotary Wing Parking......... 1,100 0
Army Kandahar Command & Control Facility.. 5,200 5,200
Army Kandahar North Area Utilities, Ph 2.. 21,000 26,000
Army Kandahar Special Operations Forces 6,000 9,200
Joint Operations Center.
Army Kandahar Troop Housing, Ph 4......... 20,000 20,000
Army Kandahar Troop Housing, Ph 5......... 20,000 20,000
Army Kandahar Troop Housing, Ph 6......... 20,000 0
Army Kandahar Troop Housing, Ph 7......... 20,000 0

[[Page H8746]]

Army Maywand Wastewater Treatment 7,000 7,000
Facility.
Army Shank Ammunition Supply Point..... 25,000 23,000
Army Shank Electrical Utility Systems, 0 6,400
Ph 2.
Army Shank Expand Extended Cooperation 16,000 16,000
Programme 1 and Extended
Cooperation Programme 2.
Army Shank Guard Towers................ 2,400 5,200
Army Shank Roads and Utilities, Ph 1... 8,000 25,000
Army Shank Special Operations Forces 0 15,000
Parking Apron.
Army Shank Wastewater Treatment Plant.. 0 7,700
Army Sharana Bulk Materials Transfer 12,400 12,400
Station.
Army Shindand Medical Facility............ 7,700 0
Army Shindand Waste Management Complex.... 0 6,100
Army Tarin Kowt Medical Facility............ 5,500 0
Army Tarin Kowt Rotary Wing Parking and 24,000 24,000
Taxiway, Ph 2.
Army Tarin Kowt Wastewater Treatment 4,200 5,600
Facility.
Army Tombstone/Bastion Command & Control HQ........ 0 13,600
Army Tombstone/Bastion Contingency Housing......... 41,000 0
Army Tombstone/Bastion Dining Facility............. 12,800 27,000
Army Tombstone/Bastion Paved Roads................. 0 9,800
Army Tombstone/Bastion Rotary Wing Parking......... 35,000 35,000
Army Tombstone/Bastion Waste Management Complex 0 14,200
Expansion.
Army Tombstone/Bastion Wastewater Treatment 13,000 13,000
Facility.
Army Various Locations Air Pollution Abatement..... 0 0
Army Various Locations Community Facilities........ 0 0
Army Various Locations Hospital and Medical 0 0
Facilities.
Army Various Locations Operational Facilities...... 0 0
Army Various Locations Route Gypsum, Ph 1.......... 40,000 50,000
Army Various Locations Route Gypsum, Ph 2.......... 0 50,000
Army Various Locations Supply Facilities........... 0 0
Army Various Locations Supporting Activities....... 0 0
Army Various Locations Troop Housing Facilities.... 0 0
Army Various Locations Utility Facilities.......... 0 0
Army Wolverine Perimeter Fence............. 5,100 0
Army Wolverine Rotary Wing Apron........... 24,000 0
Army Wolverine Wastewater Treatment 13,000 13,000
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Minor Construction.......... 78,330 78,330
Locations
Army Unspecified Worldwide Planning & Design........... 89,716 79,716
Locations
Army Unspecified Worldwide Rescission (Public Law 111- 0 0
Locations 117).
Army Unspecified Worldwide Transfer to DOD Inspector 0 7,000
Locations General.
Total Military Construction, Army 929,996 981,346
.........................
.......................
Bahrain Island
Navy Sw Asia Navy Central Command 0 0
Ammunition Magazines.
Navy Sw Asia Operations & Support 0 0
Facilities.
Djibouti
Navy Camp Lemonier General Warehouse........... 0 0
Navy Camp Lemonier Pave External Roads......... 0 0
Total Military Construction, Navy 0
.........................
.......................
Afghanistan
AF Bagram AFB Consolidated Rigging 0 0
Facility.
AF Bagram AFB Fighter Hanger.............. 0 0
AF Bagram AFB Medevac Ramp Expansion/Fire 0 0
Station.
AF Kandahar Expand Cargo Handling Area.. 7,100 0
AF Kandahar Expeditionary Airlift 7,400 0
Shelter.
AF Sharana Runway...................... 35,000 0
AF Shindand Passenger & Cargo Terminal.. 15,800 0
AF Tombstone/Bastion Expand Fuels Operations and 2,500 0
Storage.
AF Tombstone/Bastion Parallel Taxiway............ 86,000 0
AF Tombstone/Bastion Refueler Apron.............. 55,000 0
AF Various Locations Maintenance and Production 0 0
Facilities.
AF Various Locations Operational Facilities...... 0 0
AF Various Locations Supply Facilities........... 0 0
AF Warrior Runway...................... 8,700 0
Bahrain Island
AF Sw Asia North Apron Expansion....... 0 0
Oman
AF AL Musannah Airlift Ramp & Fuel 0 69,000
Facilities.
Qatar
AF AL Udeid Blatchford-Preston Complex, 0 0
Ph 3.
AF AL Udeid Tactical Ramp/Vehicle 0 63,000
Maintenance Facility.
Worldwide Unspecified
AF Unspecified Worldwide Planning & Design........... 13,422 13,422
Locations
AF Unspecified Worldwide Rescission (Public Law 111- 0 0
Locations 117).
AF Unspecified Worldwide Unspecified Minor 49,584 49,584
Locations Construction--FY11 OCO.
Total Military Construction, Air Force 280,506 195,006
.........................
.......................
Conus Classified
Def-Wide Classified Location Classified Project.......... 41,900 41,900

[[Page H8747]]

Def-Wide Worldwide Unspecified Planning and Design......... 4,600 4,600
Qatar
Def-Wide AL Udeid Qatar Warehouse............. 0 0
Total Military Construction, Defense-Wide 46,500 46,500
.........................
.......................
Total Military Construction 1,257,002 1,222,852
----------------------------------------------------------------------------------------------------------------

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Reports

Sec. 3131. Report on graded security protection policy.

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2011 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $11,214,755,000, to be
allocated as follows:
(1) For weapons activities, $7,028,835,000.
(2) For defense nuclear nonproliferation activities,
$2,667,167,000.
(3) For naval reactors, $1,070,486,000.
(4) For the Office of the Administrator for Nuclear
Security, $448,267,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
(1) Project 11-D-801, reinvestment project phase 2, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$20,000,000.
(2) Project 11-D-601, sanitary effluent reclamation
facility expansion, Los Alamos National Laboratory, Los
Alamos, New Mexico, $15,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2011 for defense
environmental cleanup activities in carrying out programs
necessary for national security in the amount of
$5,588,039,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2011 for other defense
activities in carrying out programs necessary for national
security in the amount of $878,209,000.

SEC. 3104. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2011 for energy security
and assurance programs necessary for national security in the
amount of $6,188,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. AIRCRAFT PROCUREMENT.

Of the amounts authorized to be appropriated and made
available for obligation under section 3101(1) for weapons
activities for any fiscal year before fiscal year 2012, the
Secretary of Energy may procure not more than two aircraft.

SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT
OF THE NUCLEAR SECURITY COMPLEX.

(a) In General.--Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by
inserting after section 4203 the following new section:

``SEC. 4203A. BIENNIAL PLAN ON MODERNIZATION AND
REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.

``(a) In General.--In each even-numbered year, beginning in
2012, the Administrator for Nuclear Security shall include in
the plan for maintaining the nuclear weapons stockpile
required by section 4203 a plan for the modernization and
refurbishment of the nuclear security complex.
``(b) Plan Design.--
``(1) In general.--The plan required by subsection (a)
shall be designed to ensure that the nuclear security complex
is capable of supporting the following:
``(A) Except as provided in paragraph (2), the national
security strategy of the United States as set forth in the
most recent national security strategy report of the
President under section 108 of the National Security Act of
1947 (50 U.S.C. 404a).
``(B) The nuclear posture of the United States as set forth
in the most recent Nuclear Posture Review.
``(2) Exception.--If, at the time the plan is submitted
under subsection (a), a national security strategy report has
not been submitted to Congress under section 108 of the
National Security Act of 1947 (50 U.S.C. 404a), the plan
required by subsection (a) shall be designed to ensure that
the nuclear security complex is capable of supporting the
national defense strategy recommended in the report of the
most recent Quadrennial Defense Review.
``(c) Plan Elements.--The plan required by subsection (a)
shall include the following:
``(1) A description of the modernization and refurbishment
measures the Administrator determines necessary to meet the
requirements of--
``(A) the national security strategy of the United States
as set forth in the most recent national security strategy
report of the President under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a) or the national defense
strategy recommended in the report of the most recent
Quadrennial Defense Review, as applicable under subsection
(b); and
``(B) the Nuclear Posture Review.
``(2) A schedule for implementing the measures described in
paragraph (1) during the ten years following the date on
which the plan for maintaining the nuclear weapons stockpile
required by section 4203 and into which the plan required by
subsection (a) is incorporated is submitted to Congress under
section 4203(c).
``(3) Consistent with the budget justification materials
submitted to Congress in support of the Department of Energy
budget for the fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code), an estimate of the annual funds the
Administrator determines necessary to carry out the plan
required by subsection (a), including a discussion of the
criteria, evidence, and strategies on which the estimate is
based.
``(d) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
``(e) Nuclear Weapons Council Assessment.--
``(1) Assessment required.--For each plan required by
subsection (a), the Nuclear Weapons Council established by
section 179 of title 10, United States Code, shall conduct an
assessment that includes the following:
``(A) An analysis of the plan, including--
``(i) whether the plan supports the requirements of the
national security strategy of

[[Page H8748]]

the United States or the most recent Quadrennial Defense
Review, whichever is applicable under subsection (b), and the
Nuclear Posture Review; and
``(ii) whether the modernization and refurbishment measures
described under paragraph (1) of subsection (c) and the
schedule described under paragraph (2) of such subsection are
adequate to support such requirements.
``(B) An analysis of whether the plan adequately addresses
the requirements for infrastructure recapitalization of the
facilities of the nuclear security complex.
``(C) If the Nuclear Weapons Council determines that the
plan does not adequately support modernization and
refurbishment requirements under subparagraph (A) or the
nuclear security complex facilities infrastructure
recapitalization requirements under subparagraph (B), a risk
assessment with respect to--
``(i) supporting the annual certification of the nuclear
weapons stockpile under section 4203; and
``(ii) maintaining the long-term safety, security, and
reliability of the nuclear weapons stockpile.
``(2) Report required.--Not later than 180 days after the
date on which the Administrator submits the plan required by
subsection (a), the Nuclear Weapons Council shall submit to
the congressional defense committees a report detailing the
assessment required under paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `nuclear security complex' means the
physical facilities, technology, and human capital of the
following:
``(A) The national security laboratories (as defined in
section 3281 of the National Nuclear Security Administration
Act (50 U.S.C. 2471)).
``(B) The Kansas City Plant, Kansas City, Missouri.
``(C) The Nevada Test Site, Nevada.
``(D) The Savannah River Site, Aiken, South Carolina.
``(E) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(F) The Pantex Plant, Amarillo, Texas.
``(2) The term `Quadrennial Defense Review' means the
review of the defense programs and policies of the United
States that is carried out every four years under section 118
of title 10, United States Code.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4203 the following new item:

``Sec. 4203A. Biennial plan on modernization and refurbishment of the
nuclear security complex.''.

SEC. 3113. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF
BUDGET REQUESTS WITH RESPECT TO THE
MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR
WEAPONS STOCKPILE.

(a) In General.--Section 3255 of the National Nuclear
Security Administration Act (50 U.S.C. 2455) is amended to
read as follows:

``SEC. 3255. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF
BUDGET REQUESTS WITH RESPECT TO THE
MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR
WEAPONS STOCKPILE.

``(a) GAO Study and Reports.--(1) For the nuclear security
budget materials submitted in each fiscal year by the
Administrator, the Comptroller General of the United States
shall conduct a study on whether both the budget for the
fiscal year following the fiscal year in which such budget
materials are submitted and the future-years nuclear security
program submitted to Congress in relation to such budget
under section 3253 provide for funding of the nuclear
security complex at a level that is sufficient for the
modernization and refurbishment of the nuclear security
complex.
``(2) Not later than 90 days after the date on which the
Administrator submits the nuclear security budget materials,
the Comptroller General shall submit to the congressional
defense committees a report on the study under paragraph (1),
including--
``(A) the findings of such study; and
``(B) whether the nuclear security budget materials support
the requirements for infrastructure recapitalization of the
facilities of the nuclear security complex.
``(b) Definitions.--In this section:
``(1) The term `budget' means the budget for a fiscal year
that is submitted to Congress by the President under section
1105(a) of title 31, United States Code.
``(2) The term `nuclear security budget materials' means
the materials submitted to Congress by the Administrator in
support of the budget for a fiscal year.
``(3) The term `nuclear security complex' means the
physical facilities, technology, and human capital of the
following:
``(A) The national security laboratories.
``(B) The Kansas City Plant, Kansas City, Missouri.
``(C) The Nevada Test Site, Nevada.
``(D) The Savannah River Site, Aiken, South Carolina.
``(E) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(F) The Pantex Plant, Amarillo, Texas.''.
(b) Clerical Amendment.--The table of contents for the
National Nuclear Security Administration Act is amended by
striking the item relating to section 3255 and inserting the
following new item:

``Sec. 3255. Comptroller General assessment of adequacy of budget
requests with respect to the modernization and
refurbishment of the nuclear weapons stockpile.''.

SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CERTAIN
DEPARTMENT OF ENERGY PROJECTS.

(a) In General.--Subtitle A of title XLVII of the Atomic
Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by
adding at the end the following new section:

``SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CERTAIN
DEPARTMENT OF ENERGY PROJECTS.

``(a) Establishment of Cost and Schedule Baselines.--
``(1) Stockpile life extension projects.--
``(A) In general.--The Administrator for Nuclear Security
shall establish a cost and schedule baseline for each nuclear
stockpile life extension project of the National Nuclear
Security Administration.
``(B) Per unit cost.--The cost baseline developed under
subparagraph (A) shall include, with respect to each life
extension project, an estimated cost for each warhead in the
project.
``(C) Notification to congressional defense committees.--
Not later than 30 days after establishing a cost and schedule
baseline under subparagraph (A), the Administrator shall
submit the cost and schedule baseline to the congressional
defense committees.
``(2) Defense-funded construction projects.--
``(A) In general.--The Secretary of Energy shall establish
a cost and schedule baseline under the project management
protocols of the Department of Energy for each construction
project that is--
``(i) in excess of $50,000,000; and
``(ii) carried out by the Department using funds authorized
to be appropriated for a fiscal year pursuant to a DOE
national security authorization.
``(B) Notification to congressional defense committees.--
Not later than 30 days after establishing a cost and schedule
baseline under subparagraph (A), the Secretary shall submit
the cost and schedule baseline to the congressional defense
committees.
``(3) Defense environmental management projects.--
``(A) In general.--The Secretary shall establish a cost and
schedule baseline under the project management protocols of
the Department of Energy for each defense environmental
management project that is--
``(i) in excess of $50,000,000; and
``(ii) carried out by the Department pursuant to such
protocols.
``(B) Notification to congressional defense committees.--
Not later than 30 days after establishing a cost and schedule
baseline under subparagraph (A), the Secretary shall submit
the cost and schedule baseline to the congressional defense
committees.
``(b) Notification of Costs Exceeding Baseline.--The
Administrator or the Secretary, as applicable, shall notify
the congressional defense committees not later than 30 days
after determining that--
``(1) the total cost for a project referred to in paragraph
(1), (2), or (3) of subsection (a) will exceed an amount that
is equal to 125 percent of the cost baseline established
under subsection (a) for that project; and
``(2) in the case of a stockpile life extension project
referred to in subsection (a)(1), the cost for any warhead in
the project will exceed an amount that is equal to 200
percent of the cost baseline established under subsection
(a)(1)(B) for each warhead in that project.
``(c) Notification of Determination With Respect to
Termination or Continuation of Projects.--Not later than 90
days after submitting a notification under subsection (b)
with respect to a project, the Administrator or the
Secretary, as applicable, shall--
``(1) notify the congressional defense committees with
respect to whether the project will be terminated or
continued; and
``(2) if the project will be continued, certify to the
congressional defense committees that--
``(A) a revised cost and schedule baseline has been
established for the project and, in the case of a stockpile
life extension project referred to in subparagraph (A) or (B)
of subsection (a)(1), a revised estimate of the cost for each
warhead in the project has been made;
``(B) the continuation of the project is necessary to the
mission of the Department of Energy and there is no
alternative to the project that would meet the requirements
of that mission; and
``(C) a management structure is in place adequate to manage
and control the cost and schedule of the project.
``(d) Applicability of Requirements to Revised Cost and
Schedule Baselines.--A revised cost and schedule baseline
established under subsection (c) shall--
``(1) be submitted to the congressional defense committees
with the certification submitted under subsection (c)(2); and
``(2) be subject to the notification requirements of
subsections (b) and (c) in the same manner and to the same
extent as a cost and schedule baseline established under
subsection (a).''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4712 the following new item:

``Sec. 4713. Notification of cost overruns for certain Department of
Energy projects.''.

[[Page H8749]]

SEC. 3115. ESTABLISHMENT OF COOPERATIVE RESEARCH AND
DEVELOPMENT CENTERS.

(a) Cooperative Research and Development Centers.--
(1) In general.--Section 4813 of the Atomic Energy Defense
Act (division D of Public Law 107-314; 50 U.S.C. 2794) is
amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Cooperative Research and Development Centers.--(1)
Subject to the availability of appropriations provided for
such purpose, the Administrator for Nuclear Security shall
establish a cooperative research and development center
described in paragraph (2) at each national security
laboratory.
``(2) A cooperative research and development center
described in this paragraph is a center to foster
collaborative scientific research, technology development,
and the appropriate transfer of research and technology to
users in addition to the national security laboratories.
``(3) In establishing a cooperative research and
development center under this subsection, the Administrator--
``(A) shall enter into cooperative research and development
agreements with governmental, public, academic, or private
entities; and
``(B) may enter into a contract with respect to
constructing, purchasing, managing, or leasing buildings or
other facilities.''.
(2) Definition.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended by adding at the
end the following new paragraph:
``(5) The term `national security laboratory' has the
meaning given that term in section 3281 of the National
Nuclear Security Administration Act (50 U.S.C. 2471).''.
(3) Section heading.--The heading of such section is
amended by inserting ``and cooperative research and
development centers'' after ``partnerships''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4813 and inserting the following new
item:

``Sec. 4813. Critical technology partnerships and cooperative research
and development centers.''.

SEC. 3116. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT
PLAN.

(a) In General.--Title XLIV of the Atomic Energy Defense
Act (50 U.S.C. 2581 et seq.) is amended by inserting after
section 4402 the following new section:

``SEC. 4402A. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT
PLAN.

``(a) In General.--The Secretary of Energy shall submit to
Congress each year, at or about the same time that the
President's budget is submitted to Congress for a fiscal year
under section 1105(a) of title 31, United States Code, a
future-years defense environmental management plan that--
``(1) reflects the estimated expenditures and proposed
appropriations included in that budget for the Department of
Energy for environmental management; and
``(2) covers a period that includes the fiscal year for
which that budget is submitted and not less than the four
succeeding fiscal years.
``(b) Elements.--Each future-years defense environmental
management plan required by subsection (a) shall contain the
following:
``(1) A detailed description of the projects and activities
relating to defense environmental management to be carried
out during the period covered by the plan at the sites
specified in subsection (c) and with respect to the
activities specified in subsection (d).
``(2) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to
support such projects and activities.
``(3) With respect to each site specified in subsection
(c), the following:
``(A) A statement of each milestone included in an
enforceable agreement governing cleanup and waste remediation
for that site for each fiscal year covered by the plan.
``(B) For each such milestone, a statement with respect to
whether each such milestone will be met in each such fiscal
year.
``(C) For any milestone that will not be met, an
explanation of why the milestone will not be met and the date
by which the milestone is expected to be met.
``(c) Sites Specified.--The sites specified in this
subsection are the following:
``(1) The Idaho National Laboratory, Idaho.
``(2) The Waste Isolation Pilot Plant, Carlsbad, New
Mexico.
``(3) The Savannah River Site, Aiken, South Carolina.
``(4) The Oak Ridge National Laboratory, Oak Ridge,
Tennessee.
``(5) The Hanford Site, Richland, Washington.
``(6) Any defense closure site of the Department of Energy.
``(7) Any site of the National Nuclear Security
Administration.
``(d) Activities Specified.--The activities specified in
this subsection are the following:
``(1) Program support.
``(2) Program direction.
``(3) Safeguards and security.
``(4) Technology development and deployment.
``(5) Federal contributions to the Uranium Enrichment
Decontamination and Decommissioning Fund established under
section 1801 of the Atomic Energy Act of 1954 (42 U.S.C.
2297g).''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4402 the following new item:

``Sec. 4402A. Future-years defense environmental management plan.''.

SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY FOR
APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING,
AND TECHNICAL PERSONNEL.

Section 4601(c)(1) of the Atomic Energy Defense Act (50
U.S.C. 2701(c)(1)) is amended by striking ``September 30,
2011'' and inserting ``September 30, 2016''.

SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO
ENTER INTO TRANSACTIONS TO CARRY OUT CERTAIN
RESEARCH PROJECTS.

Section 646(g)(10) of the Department of Energy Organization
Act (42 U.S.C. 7256(g)(10)) is amended by striking
``September 30, 2010'' and inserting ``September 30, 2015''.

SEC. 3119. EXTENSION OF AUTHORITY RELATING TO THE
INTERNATIONAL MATERIALS PROTECTION, CONTROL,
AND ACCOUNTING PROGRAM OF THE DEPARTMENT OF
ENERGY.

Section 3156(b)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
50 U.S.C. 2343(b)(1)) is amended by striking ``January 1,
2013'' and inserting ``January 1, 2018''.

SEC. 3120. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF
LAND TO BE CONVEYED TO LOS ALAMOS COUNTY, NEW
MEXICO, AND HELD IN TRUST FOR THE PUEBLO OF SAN
ILDEFONSO.

(a) Environmental Restoration.--If the Secretary of Energy
determines under any authority previously established by law
that a parcel of land described in subsection (c) requires
environmental restoration or remediation, the Secretary
shall, to the maximum extent practicable, complete the
environmental restoration or remediation of the parcel not
later than September 30, 2022, and otherwise in compliance
with such law.
(b) Conveyance or Transfer.--If the Secretary determines
under any authority previously established by law that
environmental restoration or remediation cannot reasonably be
expected to be completed with respect to a parcel of land
described in subsection (c) by September 30, 2022, the
Secretary shall not convey or transfer the parcel of land.
(c) Parcels of Land.--A parcel of land described in this
subsection is a parcel of land under the jurisdiction or
administrative control of the Secretary at or in the vicinity
of Los Alamos National Laboratory that the Secretary has
previously identified as suitable for conveyance or transfer
in a report submitted to the congressional defense committees
prior to the date of the enactment of this Act.

SEC. 3121. REPEAL OF SUNSET PROVISION FOR MODIFICATION OF
MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.

(a) Minor Construction Threshold.--Paragraph (3) of section
4701 of the Atomic Energy Defense Act (50 U.S.C. 2741(3)), as
amended by section 3118(b) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2709), is amended by striking ``$5,000,000'' and
inserting ``$10,000,000''.
(b) Notification.--Section 3118(c) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2709) is amended by striking ``during fiscal year
2010''.

SEC. 3122. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH
COOPERATIVE RESEARCH AND DEVELOPMENT
ACTIVITIES.

(a) In General.--The Administrator for Nuclear Security
shall encourage cooperative research and development
activities at the national security laboratories (as defined
in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)) that lead to the
creation of new private-sector employment opportunities.
(b) Reports.--Not later than January 31 of each year from
2012 through 2017, the Administrator shall submit to Congress
a report detailing the number of new private-sector
employment opportunities created as a result of the previous
years' cooperative research and development activities at
each national security laboratory.

SEC. 3123. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF
CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF
THE FORMER SOVIET UNION.

Not more than $500,000 of the funds authorized to be
appropriated by section 3101(a)(2) for defense nuclear
nonproliferation activities may be obligated or expended to
establish a center of excellence in a country that is not a
state of the former Soviet Union until the date that is 15
days after the date on which the Administrator for Nuclear
Security submits to the congressional defense committees a
report that includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--

[[Page H8750]]

(A) the amount of funds to be provided by the government of
the country in which the center will be located; and
(B) the percentage of the total cost of establishing and
operating the center the funds described in subparagraph (A)
will cover.

SEC. 3124. DEPARTMENT OF ENERGY ENERGY PARKS PROGRAM.

(a) In General.--The Secretary of Energy may establish a
program to permit the establishment of energy parks on former
defense nuclear facilities.
(b) Objectives.--The objectives for establishing energy
parks pursuant to subsection (a) are the following:
(1) To provide locations to carry out a broad range of
projects relating to the development and deployment of energy
technologies and related advanced manufacturing technologies.
(2) To provide locations for the implementation of pilot
programs and demonstration projects for new and developing
energy technologies and related advanced manufacturing
technologies.
(3) To set a national example for the development and
deployment of energy technologies and related advanced
manufacturing technologies in a manner that will promote
energy security, energy sector employment, and energy
independence.
(4) To create a business environment that encourages
collaboration and interaction between the public and private
sectors.
(c) Consultation.--In establishing an energy park pursuant
to subsection (a), the Secretary shall consult with--
(1) the local government with jurisdiction over the land on
which the energy park will be located;
(2) the local governments of adjacent areas; and
(3) any community reuse organization recognized by the
Secretary at the former defense nuclear facility on which the
energy park will be located.
(d) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on the implementation of the program under subsection
(a). The report shall include such recommendations for
additional legislative actions as the Secretary considers
appropriate to facilitate the development of energy parks on
former defense nuclear facilities.
(e) Defense Nuclear Facility Defined.--In this section, the
term ``defense nuclear facility'' has the meaning given the
term ``Department of Energy defense nuclear facility'' in
section 318 of the Atomic Energy Act of 1954 (42 U.S.C.
2286g).

Subtitle C--Reports

SEC. 3131. REPORT ON GRADED SECURITY PROTECTION POLICY.

(a) Report.--Not later than February 1, 2011, the Secretary
of Energy shall submit to the congressional defense
committees a report on the implementation of the graded
security protection policy of the Department of Energy.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A comprehensive plan and schedule (including any
benchmarks, milestones, or other deadlines) for implementing
the graded security protection policy.
(2) An explanation of the current status of the graded
security protection policy for each site with respect to the
comprehensive plan under paragraph (1).
(3) An explanation of the Secretary's objective end-state
for implementation of the graded security protection policy
(such end-state explanation shall include supporting
justification and rationale to ensure that robust and
adaptive security measures meet the graded security
protection policy requirements).
(4) Identification of each site that has received an
exception or waiver to the graded security protection policy,
including the justification for each such exception or
waiver.
(5) A schedule for ``force-on-force'' exercises that the
Secretary considers necessary to maintain operational
readiness.
(6) A description of a program that will provide proper
training and equipping of personnel to a certifiable
standard.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2011, $28,640,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $23,614,000 for fiscal year 2011
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.

TITLE XXXV--MARITIME ADMINISTRATION

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
SECURITY ASPECTS OF THE MERCHANT MARINE FOR
FISCAL YEAR 2011.

Funds are hereby authorized to be appropriated for fiscal
year 2011, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for Maritime Administration
programs associated with maintaining national security
aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $100,020,000, of which--
(A) $63,120,000 shall remain available until expended for
Academy operations;
(B) $6,000,000 shall remain available until expended for
refunds to Academy midshipmen for improperly charged fees;
and
(C) $30,900,000 shall remain available until expended for
capital improvements at the Academy.
(2) For expenses necessary to support the State maritime
academies, $15,007,000, of which--
(A) $2,000,000 shall remain available until expended for
student incentive payments;
(B) $2,000,000 shall remain available until expended for
direct payments to such academies; and
(C) $11,007,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United
States Code, $174,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of
title 46, United States Code, $60,000,000, of which
$3,688,000 shall remain available until expended for
administrative expenses of the program.

SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

Chapter 531 of title 46, United States Code, is amended--
(1) in section 53104(a), by striking ``2015'' and inserting
``2025'';
(2) in section 53106(a)(1)(C), by striking ``for each
fiscal years 2012, 2013, 2014, and 2015'' and inserting ``for
each of fiscal years 2012 though 2025''; and
(3) in section 53111(3), by striking ``2015'' and inserting
``2025''.

SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY NOMINATIONS
OF RESIDENTS OF THE NORTHERN MARIANA ISLANDS.

Section 51302(b) of title 46, United States Code, is
amended--
(1) in paragraph (3), by inserting ``the Northern Mariana
Islands,'' after ``Guam,''; and
(2) by striking paragraph (5) and redesignating paragraph
(6) as paragraph (5).

SEC. 3504. RESEARCH AUTHORITY.

Section 51301 title 46, United States Code, is amended--
(1) by inserting ``as an institution of higher education''
after ``Academy''; and
(2) by striking ``States.'' and inserting ``States, to
conduct research with respect to maritime-related matters,
and to provide such other appropriate academic support,
assistance, training, and activities in accordance with the
provisions of this chapter as the Secretary may authorize.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Skelton) and the gentleman from California (Mr. McKeon)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.

General Leave

Mr. SKELTON. I ask unanimous consent that all Members have 5
legislative days within which to revise and extend their remarks on
this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.

{time} 1150

Mr. SKELTON. I yield myself such time as I might consume.
Mr. Speaker, today is the beginning of the end of a long journey, a
journey that started with the submission of the President's budget on
February 1, 2010. The law requires the President to send us a budget,
and he did his duty.
But our obligation in concerning the budget goes deeper. The Founding
Fathers entrusted Congress with the care of the Armed Forces. The
Constitution, article I, section 8 requires that we here in Congress
raise and support Armies, provide and maintain a Navy,

[[Page H8751]]

and make rules for the government and regulation of the land and naval
forces. That is our duty.
Most of you, like me, have spent time with our troops overseas. Their
dedication, their courage, their devotion never cease to amaze me.
Their service and sacrifice is matched only by that of their families
who bear the same burden. Their sacrifice is, at times, almost
unbearable. Yet they do it, and not for us but for the American people.
However, we bear the awesome burden of repaying their sacrifice.
For 48 consecutive years, the Congress has carried out its duty to
the men and women of the military by passing a defense authorization
bill. It is a job that has never been easy. There have been many years
where we have almost failed. In my 34 years here in Congress, through
12 military conflicts, including the most divisive wars in American
history, the Congress has wavered but never failed.
This bill is a must-pass piece of legislation. Don't let anyone tell
you different. There are literally hundreds of needed provisions in
here that will not become law any other way. I have time to only name a
few. This bill stops an increase in health care fees from hitting the
families of military personnel. It authorizes military families to
extend TRICARE coverage to their dependent children until age 26. And
it adopts comprehensive legislation fighting sexual assault in the
military. It creates a counter-IED database, and it enhances the effort
to develop new, lightweight body armor. It gives DOD new tools and
authorizes it to reduce its energy demand while improving military
readiness. It bolsters our defense against cyberattacks. It requires
independent assessments of the National Nuclear Security Administration
modernization plan and of the annual budget request for sustaining a
strong deterrent. It aligns the Navy's long-term shipbuilding plan with
the QDR. It includes significant acquisition reform, the Improve
Acquisition Act of 2010 which could save as much as $135 billion over
the next 5 years. It provides for critical funding for our warfighters.
It allows for a 1.4 percent raise in pay for our troops. It provides
funding for training equipment to sustain the Afghan security forces.
It provides essential funding to keep weapons of mass destruction out
of the hands of terrorists. It creates additional positions for mental
health care providers to treat our warriors who come home in need. It
extends a number of special pay and bonuses for our brave warfighters.
Now some Members are claiming, falsely, that the language in the bill
on the Guantanamo detainees is not strong enough. Let me tell you what
the bill actually does. It prohibits the transfer or release of
detainees into the United States or its territories. It prohibits the
use of any DOD funding to build or modify any DOD facility in our
country for the detention of any Guantanamo Bay detainee. This
restriction applies not only to Thompson, Illinois, but to the whole
country. It prohibits the transfer or release of any Guantanamo Bay
detainee to any country which has received a detainee and allowed that
detainee to return to the battlefield.
This the most thorough and comprehensive set of restrictions ever
placed on the transfer and release of detainees. It is substantially
stronger than current law, and voting against this bill will have the
effect of making it easier to bring detainees into the United States,
easier to transfer them to other countries that have failed to hold
them in the past.
We all know that this year's journey toward passage has been
rancorous and difficult, like few others. No one is happy with
everything that has been done in the bill. That is just the nature of
Congress. In finding common ground, we have to give a little bit. We
cannot give when it comes to supporting the men and women in the Armed
Forces. We stand today on the dividing line between success and
failure. We do not fail now. Let's finish the journey. Vote for the
National Defense Authorization Act.
I reserve the balance of my time.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today I rise to speak with a heavy heart for a couple of
reasons. One is the process that has brought us to this point. And the
other is that this will be the last defense bill for my good friend and
partner on the committee, Ike Skelton, our chairman.
He has been a force on the committee and within the defense community
for decades. The way he has conducted business on the committee sets an
example for all members of the committee and for this Congress to
follow.
Considering Ike's legacy, the actions of the Democratic leaders in
the Senate and the House are all the more frustrating to me. They have
made it completely clear that they place a higher priority on repealing
the Pentagon's Don't Ask, Don't Tell policy than on the National
Defense Authorization Act.
The procedure that is set up in the House for passing legislation is,
for the House to pass a bill, it goes through committee, goes through
hearings. Finally it is passed by the committee, passed on the floor.
And then a similar process should be followed in the Senate. And then
once those two bills have been passed, we have conferees appointed. The
conferees get together and negotiate the differences in the bills, and
final bills are brought back to the floor.
To this date, we have not had a Senate bill passed on the floor. So
this brings us to this point without a Senate bill and giving
individual Senators the opportunity to have a line-item veto on the
House bill after we pass it here and send it back over.
Many of the provisions that we have passed in our bill went through a
semi-conference, and some of the provisions which were championed by
the House, including a higher pay raise for our troops than the
statutorily mandated pay raise of 1.4 percent, a provision which would
have exempted critical force protection and medevac personnel from any
troop cap in Afghanistan, and several provisions regarding the Nation's
nuclear and missile defense policies, those found themselves on the
cutting room floor of the conference. Most of those provisions have
significant support in the House of Representatives.
Mr. Speaker, the American people have spoken. And in the process that
we had, the election, they are demanding a process that is better than
the one that got us to this point. They want a legislative process that
works to provide our troops with the resources they need, not a process
that is held up for months and then rushed through in the waning
minutes of a lame duck session.
The process in the Senate, coupled with the Democratic leadership's
goal of advancing legislation to repeal Don't Ask, Don't Tell ahead of
the annual defense authorization bill, has politicized the National
Defense Authorization Act, and it's indicative of a flawed process with
misguided priorities. In a time of war, Mr. Speaker, this is
unconscionable.
One thing I can promise to the American people and to our military:
They will no longer be used as a political football. We will return to
regular order in the next Congress, and I think that is something that
we can all look forward to with pleasure.
Now, back to my good friend, the chairman on the committee. I want to
commend him for years of service to this Nation, to this Congress, to
the people that he has represented. We all owe him a debt of gratitude,
and I have appreciated working with him, especially in these last 2
years, as I had the opportunity to serve as the ranking member
alongside him. We will all miss him. Ike, we owe you much and
appreciate your service.
Mr. Speaker, I reserve the balance of my time.
Mr. SKELTON. Mr. Speaker, I appreciate the kind words of the
gentleman from California (Mr. McKeon). It has been an absolute
pleasure to work with him, and I compliment him on his future role in
this Congress as the head of this fantastic committee. I know he will
make us proud and make all of our Congress Members proud in his
leadership next year. I thank him very, very much.
I yield 2 minutes to the gentleman from Massachusetts (Mr. Frank), my
friend and my colleague.

{time} 1200

Mr. FRANK of Massachusetts. Mr. Speaker, I join the ranking member in
paying tribute to the extraordinary

[[Page H8752]]

public service of our colleague from Missouri who really exemplifies
what it means to be a legislator of integrity and commitment and
effectiveness.
I do, however, want to differ with his rather distorted picture of
the history here when he says we went outside of regular order. This
House passed the Defense bill under regular order with committee
hearings and debate on the floor. We sent it to the Senate. Because
some Senators objected to repealing Don't Ask, Don't Tell, which was
included in the Defense bill to start with 17 years ago, it was twice
filibustered. The reason we are here now is that twice Republican
minorities filibustered the bill. That was the breakdown of regular
order.
But here we are today. Speaker Pelosi and Leader Hoyer took a very
important stance and said, when the Senate asked us, we will break
Don't Ask, Don't Tell off from the regular bill, but we want to be sure
both passes, and that is what we are in the process of doing. To the
credit of the Senate leader and Senator Lieberman, they will be voting
on cloture for Don't Ask, Don't Tell tomorrow.
In light of that, while there is much in this bill with which I
disagree, I strongly urge those who share many of my views to vote for
it. Let me be very clear, I think it is very important to repeal Don't
Ask, Don't Tell. I honor the work that was done under the leadership of
the gentleman from Missouri, although I have some disagreements with
it. But the point is that the success of the repeal of Don't Ask, Don't
Tell is tied to the success of this bill in a perfectly reasonable way.
In legislatures, people need to compromise. So I am going to vote for
this bill. I vote for it knowing that tomorrow the Senate will begin
cloture. There will be things in this total bill that many of us will
like and dislike, but I think it speaks well of the Nation and the
process we are going through. And I urge those who share some of my
objections to some pieces of this bill to vote for it so we can go
ahead and get the whole thing done. I would also point out that even if
we were to defeat this bill, much of what I don't like would happen in
the appropriations bill.
So I urge those who join me in having concerns about Don't Ask, Don't
Tell to help us pass this bill and get this thing going.
Mr. McKEON. Mr. Speaker, 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. Mr. Speaker, we stand here today 7
months after the House passed its version of the 2011 defense
authorization bill because the leadership of the other body dithered
instead of doing the right thing for all members of our armed services.
As a result, the Senate has not passed its version of the defense
authorization. Then in a last minute rush to get a defense bill, any
defense bill, we stand on the floor today to debate for 40 minutes
under suspension of the rules a 900-page bill, a $600 billion measure
that is a stripped down, weakened version of what the House enacted in
May.
We may hear some good things about the bill, but let me remind
Members that this rush to have a bill has cost the men and women in
uniform. This bill is stripping out key House provisions in the name of
expediency. It falls short in many ways.
This bill is named in honor of Chairman Ike Skelton who has devoted
years of dedicated service to the men and women of the Armed Forces. I
want to say thank you to Chairman Skelton for his unwavering commitment
to the House of Representatives, to the Committee on Armed Services,
and to every man and woman who is serving in uniform now and for the
past 35 years.
Regretfully, this bill which he heavily influenced through passage in
the House does not fully reflect his lifelong commitment and
dedication. Despite the omissions in the bill, I will reluctantly urge
Members to support the bill.
Mr. SKELTON. I yield 1 minute to the gentleman from Rhode Island (Mr.
Langevin), the chairman of the Subcommittee on Strategic Forces.
(Mr. LANGEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LANGEVIN. Mr. Speaker, I rise today in strong support of H.R.
6523. I would like to first of all thank Chairman Skelton for his
dedication to national security and bipartisan leadership on our
committee. I congratulate him on this bill which is appropriately named
in his honor.
The bill before us today strengthens our critical strategic programs,
including increasing the reliability, safety and security of our
nuclear arsenal. It reduces the risk of nuclear proliferation to
terrorists by funding these urgent efforts above last year's levels. It
also enhances our missile defenses by supporting the President's phased
adaptive approach and preserving a hedge against potential threats from
Iran and North Korea.
And, finally, it sustains our national security space assets by
supporting near-term warfighter needs, space protection, and space
situational awareness. This bill is integral to our national security,
and I strongly urge its adoption today.
I would be remiss, however, if I didn't say how disappointed I was
that certain cyber-provisions that I included in the original National
Defense Authorization Act were not retained in the final bill. The
United States is very vulnerable to a cyberattack, and we are woefully
unprepared. I will continue to pursue this as a top priority in the
next Congress.
I thank the chairman for his great work on this bill.
I rise in strong support of H.R. 6523, the National Defense
Authorization Act for Fiscal Year 2011.
I would like to thank Chairman Skelton for his extraordinary
dedication to national security and bipartisan leadership on our
Committee. And I would like to congratulate him on this bill, and I am
extremely proud that our FY2011 National Defense Authorization bill is
named in his honor.
This bill authorizes and strengthens critical national security
programs of our strategic forces, providing robust defenses against the
most pressing threats to U.S. national security.
It provides $7 billion for weapons activities, and additional $624
million over last year's funding, to strengthen the reliability, safety
and security of our nuclear arsenal. It establishes criteria and
independent reviews to increase accountability in this vital area of
national security.
It reduces the risk that nuclear weapons might spread to other
countries or to terrorists intent on targeting thousands of innocent
lives by providing full funding to key nonproliferation efforts. This
includes $530.5 million over last year's level to strengthen these
urgent efforts.
It makes important investments to support effective development and
deployment of missile defenses against current and emerging threats to
the United States and our allies. It protects our troops and allies by
strengthening theater missile defenses. It supports the President's
Phased Adaptive Approach to missile defense in Europe, requiring close
cooperation with our European allies and effective testing. And it
preserves a hedge against potential long-range missile threats from
Iran and North Korea to our homeland, and requires an independent
assessment to ensure we proceed with a reliable plan.
The bill also sustains our vital unclassified national security space
assets, by supporting near-term war fighter needs, and strengthening
space situational awareness and space protection.
While I am pleased to see the defense bill include many of these
positive strategic items, I am also greatly disheartened that language
enhancing our national cybersecurity efforts were removed from the
final version of this bill. Our government is under attack every single
day in cyberspace, yet we lack the coordination and strategy to
properly defend ourselves or operate efficiently online. Recent issues
such as the Wikileak's Cablegate, the STUXNET Virus and the disclosure
of high level attacks on our Department of Defense only drive home the
urgency of addressing this crisis with a strong coordinated response.
While there are many important provisions for the Department of
Defense cyber efforts in this bill, the DOD already has the assets to
begin addressing this crisis. The real challenges lie in securing our
federal networks and developing a real comprehensive policy for
addressing transnational threats as well as engaging international
partners. I will continue to push this issue as a top national security
priority next year.
I want to once again thank Chairman Skelton and congratulate him on
moving this bill forward. It supports our critical national security
priorities, and I strongly recommend its adoption today.
Mr. McKEON. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Forbes), the ranking member on the Readiness
Subcommittee.
Mr. FORBES. Mr. Speaker, I, too, want to echo my compliments to the

[[Page H8753]]

chairman for his service to this body and to the armed services of this
country. But 7 months ago, Mr. Speaker, when this bill passed, my good
friend, the chairman, said that there was no difference between
Republicans and Democrats regarding the fighting of terrorism and where
we stood. We passed a provision out of here that prohibited terrorists
at Guantanamo Bay from coming to the United States. Unfortunately, that
provision was left out of this bill until about 2 hours ago when it was
put in, but it has a huge difference because it is only for 1 year.
Mr. Speaker, the problem with that is 2 years ago when this
administration came in, a prosecution of the worst terrorists that had
ever hit the United States, the 9/11 defendants, was under way and had
been under way for 18 months--56 motions. The prosecutor said we would
have had a guilty plea within 6 months. This administration not only
stopped all of that prosecution, but has refused for the last 2 years
to prosecute the worst terrorists that have ever hit this soil. And
when we put a provision in there that said we would never bring those
detainees to this soil, it sent a message to them, go ahead and
prosecute them.
With this provision, Mr. Speaker, what we are now saying is, because
of our majority on the other side, well, give us another year to think
about it. But, Mr. Speaker, I am optimistic for two reasons: one,
because I believe next year we will have a bill that we won't be at the
11th hour doing; and, secondly, I know under the ranking member who
will become the chairman, he will fight to make sure that we
permanently prohibit those detainees from ever touching U.S. soil.
Mr. SKELTON. Mr. Speaker, I yield 1 minute to my friend and
colleague, the gentleman from Arkansas (Mr. Snyder), the chairman of
the Subcommittee on Oversight and Investigations.
Mr. SNYDER. Probably there is no greater honor serving in the House
than to support our military families. Each of us on the Armed Services
Committee, as well as do all Members of the Congress, take this
responsibility very seriously. No one has served more honorably than
the gentleman from Missouri (Mr. Skelton). No one is a prouder honorary
marine than the gentleman from Missouri (Mr. Skelton). Semper fi, Mr.
Chairman.
One important provision in this bill gives military families the same
right civilian families now have to keep children up to age 26 on their
insurance. That will not occur unless this bill passes, and I strongly
recommend a vote for the bill.
Mr. McKEON. Mr. Speaker, the gentleman who just spoke, Mr. Snyder, is
also leaving us. He retired. I want to thank him for the years of
service that he rendered to this committee and to this Congress and to
the Nation.
At this time, Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Turner), the ranking member on the Strategic Forces
Subcommittee.
Mr. TURNER. Mr. Speaker, I would like to thank Ranking Member McKeon
for his leadership on our committee and certainly for his support for
our men and women in uniform in what has been this long year of trying
to get a bill passed for the National Defense Authorization Act.
I would also like to thank our chairman, Ike Skelton. Ike is leaving
us with an incredibly distinguished career. He has led the Armed
Services Committee in an incredibly bipartisan way. I know that on both
sides of the aisle, people have appreciated his leadership, his
counsel, and his dedication to what is a strong national defense.
But I must rise to point out that this bill really shouldn't be the
Ike Skelton National Defense Authorization Act; this should be the
Nancy Pelosi National Defense Authorization Act. It is just a shame
that this House and our committee labored for a year to put together a
bill. The Senate never passed a bill. What we have before us is not
what came out of our committee. It is not what came out of the
subcommittees. It is not what was passed here on the House floor. In
the Nancy Pelosi fashion of running this House, this bill was drafted
somewhere in a back room in the Capitol and then brought forward for
everyone to read.

{time} 1210

This is not the way that we should be doing a bill.
One of the things that has been left on the table that should be in
here is protection of our men and women in uniform and their custody
rights. We had a provision in the bill that passed this House that
would have prevented family law courts from across this country taking
custody away from our men and women in uniform when they returned from
deployment, based upon their absence.
There are a number of provisions that were in the bill that was
passed by this House that should have remained in it. Instead, we get
this truncated process and a bill that was drafted in a back room.
Unfortunately, this does not serve our men and women in uniform, and it
doesn't serve our national security. We are going to pass a truncated
bill that is going to do limited things when we had an opportunity to
take the year-long process of the deliberations of this body and really
improve the circumstances for our men and women and our national
defense.
Mr. SKELTON. I yield 1 minute to my friend, the chairwoman of the
Subcommittee on Terrorism, the gentlewoman from California (Ms.
Sanchez).
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I thank the chairman.
For our portion of the legislation, the Terrorism, Unconventional
Threats and Capabilities Subcommittee focused on several of the Defense
Department's most important challenges: The fight to interrupt the flow
of violent extremists and the ideological underpinning of
radicalization; the development and the deployment of innovative and
critical technologies; and defending our homeland from attacks and
managing the consequences of catastrophic incidents, including natural
disasters, and, of course, trying to get our arms around cybersecurity
of this Nation.
It has been an honor to serve as the chairwoman of the subcommittee.
And, more importantly, Mr. Chairman, to Ike Skelton, it has been an
honor to serve with you these 14 years on this committee. I urge my
colleagues to pass this bill.
For our portion of the legislation, the Terrorism, Unconventional
Threats and Capabilities Subcommittee, focused on several of the
Defense Department's most important challenges:
The fight to interrupt the flow of violent extremists and the
ideological underpinnings of radicalization;
The development and deployment of innovative and critical
technologies; and
Defending our homeland from attacks and managing the consequences of
catastrophic incidents including natural disasters.
It has been an honor serving as the chairwoman of this subcommittee
and I would like to thank Chairman Skelton for the opportunity and we
will truly miss you.
The subcommittee fully funds U.S. Special Operations Command (SOCOM)
with more than $9.8 billion dollars to improve the readiness and
capabilities of our Special Operations Forces.
The subcommittee also provides an additional $301.5 million to
support unfunded requirements articulated by U.S. Special Operations
Command, bringing the total authorized amount for SOCOM to more than
$10 billion dollars.
Support for our Special Operations Forces demonstrates the
subcommittee's commitment to SOCOM's critical mission areas, including
counterterrorism, counterinsurgency, unconventional warfare and
counter-proliferation activities across the world.
Our subcommittee mark also includes provisions that will require the
Secretary of Defense to develop new strategies to counter irregular
warfare challenges.
It is important that we keep in mind the fact that we cannot kill our
way out of this struggle against violent extremists.
Therefore, the subcommittee provides language and funding to improve
the Department's use of science and technology, and support emerging
areas of research that enhance our ability to deal with challenges from
radicalization and irregular warfare.
The subcommittee mark also funds initiatives designed to strengthen
our cybersecurity activities, and other efforts that will help us
better understand how to better counter adversarial and extremists' use
of the internet.
The TUTC mark also includes guidance to enhance the research
capabilities of defense laboratories, as well as additional funding for
science, technology, engineering and mathematics workforce initiatives
that will ensure the DOD has a competent and diverse pipeline of
skilled scientists and engineers.
Finally, as with the previous fiscal year, the committee fully funds
the Defense Threat Reduction Agency, Chemical Biological Defense and
Chemical Demilitarization programs.

[[Page H8754]]

These important provisions ensure our military remains up-to-date and
ready to prevent and respond to major attacks.
As you can see, this subcommittee's mark looks outside the normal
realm of our traditional threats and force protection.
I believe this subcommittee's mark is not just authorizing programs,
but more importantly, encouraging innovation within the Department of
Defense.
I want to thank Members for their expertise and input.
And I would also like to thank the TUTC Committee Staff, Tim McClees,
Alex Kugajevksy, Eryn Robinson, Kevin Gates, Peter Villano, and Andrew
Tabler.
As before, the TUTC subcommittee worked in a bipartisan way to craft
authorizing language covering each of these critical areas for the
Department of Defense.
I would especially like to thank Ranking Member Jeff Miller (R-FL)
for his contribution.
And I would also like to thank Chairman Ortiz and the Readiness
subcommittee for their help in ensuring that we are able to include
valuable personnel and laboratory authorities that will make certain
that the Department of Defense is able to recruit and retain the
highest caliber scientists and engineers needed to ensure our
technological superiority, now and in the future.
This is a critical concern for our subcommittee, and we continue to
pay special attention to these and other technology issues.
Mr. McKEON. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Wittman), the ranking member on the Oversight and
Investigations Subcommittee.
Mr. WITTMAN. Mr. Speaker, I would like to begin by recognizing
Ranking Member McKeon for his leadership and for his thoughtfulness in
this whole process of leading the House Armed Services Committee on the
minority side.
I also want to recognize our outgoing chairman, Ike Skelton. What a
tremendous legacy of service to this Nation, of devotion to our men and
women in uniform. I know everybody out there that has served this
Nation during his time in Congress is better off for his leadership
here on the House Armed Services Committee, and I thank him for that.
He has been a mentor to many of us on the committee. Every once in a
while taking his hand, placing it on your shoulder, giving you a
thoughtful word or a little advice or a little input on this whole
process that we go through here has really affected many of us on the
House Armed Services Committee, and I thank him deeply for that.
We have before us the national defense authorization bill, which I'm
happy to support but disappointed in the process and how we have gotten
here. I'm concerned in that the House put a significant amount of
effort into passing a national defense authorization act, with all the
members having their input there and with, I think, there being a very
thoughtful process. The concern now is that we have a bill before us
very different than the one that came before the House previously, one
that had been crafted without that transparency, without that input of
all the members of the committee. Again, that disturbs all of us. The
process needs to go through where everybody's thoughts and ideas are
incorporated into the bill.
I hope and I am confident, in the future, that will not happen again.
Our men and women in uniform deserve better. They deserve the total
commitment to make sure that we do everything possible to pass a
national defense authorization act that has all the provisions in there
that each member of the committee has worked so hard to put in there.
Mr. SKELTON. I yield 1 minute to the distinguished majority leader of
our House, the gentleman from Maryland (Mr. Hoyer).
Mr. HOYER. I thank the distinguished chairman of the Armed Services
Committee, one of the great leaders with whom I have had the
opportunity to serve over these last three decades, a man of great
character, extraordinary intellect, and unbridled commitment to the men
and women who serve in our Armed Forces.
I think all of us who have had the opportunity of serving with Ike
Skelton of Missouri have been impressed by his commitment, awed by his
depth of knowledge, and encouraged for the security of our country by
his leadership. So I rise to pay tribute. This bill is named in his
honor. This will be the last bill that he will shepherd as chairman.
Two of the Members of the minority side have spoken and lamented the
process that we are following today. I shared that lamentation. And I
say to my friends, the reason we are in this pickle is because members
of your party in the United States Senate would not allow us to proceed
under regular order even though regular order had a majority of votes
in the United States Senate. So it is nice to complain and wring our
hands, but if obstructionism is the objective in the other body, then
regular order has been denied us.
We have an option. We can say they denied us regular order and,
therefore, we failed; or, we can do what we did last night--take
something that's not perfect but is better than inaction.
Ike Skelton, Carl Levin, and John McCain worked very hard. And, as I
understand it, the door was open to an invitation as well on your side.
I rise in strong support of this bill, not because I believe it is a
perfect bill, but I believe it is a necessary bill. This defense
authorization bill is about securing our Nation in stronger and smarter
ways. It builds on our strong record of putting new and better weapons
into the battlefield, increasing support for human intelligence
collection, cybersecurity, and security for our skies and our ports and
our borders, and looking out for our troops, our veterans, and,
importantly, their families as well.
This bill authorizes crucial national security programs for fiscal
year 2011; much better than a CR, short-term or long-term. It promotes
efforts to disrupt and destroy terrorist networks and strengthens the
ability of our Special Forces to act directly against terrorist
organizations. It increases our international cooperation against
terrorists, especially against the Taliban in Afghanistan and Pakistan.
Because of the changing threats in the post-Cold War world, this
bill, as well, invests in ballistic missile defense and nuclear
counterproliferation, including the President's efforts to secure all
of the world's known vulnerable nuclear material in the next 4 years.
The defense authorization bill also supports the well-being of our
troops and the strength of our Armed Forces. It keeps TRICARE strong
and ensures that military families can keep their children on TRICARE
until they are 26.
It also reduces strain on our forces by providing 7,000 more
personnel for the Army and 5,000 for the Air Force, while helping all
of the services rebuild their worn-down equipment and weapons systems.
This bill is an important bill for us to pass. It will pass on a
bipartisan basis, and I appreciate that, and I want to thank Mr. McKeon
for his efforts to make sure that we pass it on a bipartisan basis. He
recognizes, as I do, as Mr. Skelton recognizes, this is not the best
process. We could have done and should have done better. Frankly, we
did better.
Seven months ago, we passed a bill that has been referred to as the
work product of a bipartisan effort to keep our country strong and to
make sure that our men and women in uniform were well thought of, well
cared for, well equipped, and we made them as safe as possible.

{time} 1220

That was not to happen. Our responsibility is therefore to do the
best we can. This appears to be the best we can.
I am not surprised that Ike Skelton never wavered for a minute in
trying to make sure that we passed a bill that was worthy of the men
and women who risk their lives and are ready to be deployed at a
moment's notice to defend our freedom and our country.
Ike Skelton, we are proud to be your colleague. You have served your
country well, you have served this institution well, and you have been
as good a friend as our men and women in the Armed Forces have ever
had. America is indeed blessed by God and by the service of men and
women of the character, intellect and commitment of people like you.
Thank you, Ike Skelton.
Mr. McKEON. Mr. Speaker, may I inquire as to the time remaining on
both sides?
The SPEAKER pro tempore. The gentleman from California has 8\1/2\
minutes

[[Page H8755]]

remaining and the gentleman from Missouri has 9\1/2\ minutes remaining.
Mr. McKEON. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Bartlett), the ranking member on the Air and Land Forces
Subcommittee.
Mr. BARTLETT. I thank the gentleman for yielding.
When I came to the Congress 18 years ago, I was assigned to the Armed
Services Committee. The subcommittee slots on Armed Services are
determined by seniority and Member preferences. We all get together in
a room and we select our committees, and as the more popular committees
are filled, less and less opportunities are available to junior
Members. For reasons that I am not sure I fully understand, the
Personnel Subcommittee is always the last to fill up, and since I was
the lowest ranking person on the Republican side, I ended up on the
Personnel Subcommittee.
Ike Skelton was then senior enough on the Democrat side that he
chaired that Personnel Subcommittee. And those were tough times for the
military. We really didn't have enough money, and I remember that Ike
was really stressed. He was stressed to the point that he was actually
emotional that we didn't have enough money to meet the needs of our
service people.
I saw then a Congressman who was deeply concerned about the military,
and I remember how all of us on the subcommittee were relieved when the
appropriators gave us another $1 billion. Do you remember that, Ike? It
was Jack Murtha who led that fight, and we got another $1 billion for
our personnel.
I have now worked with Ike and served with him for these last 18
years. I have gone with him on really hard-working CODELs.
Ike, I can't imagine a more dedicated person, someone more interested
in our troops, more knowledgeable about our military, more concerned
about the future of our country. It has been, sir, an honor to work
with you, and I am certainly going to support the Ike Skelton National
Defense Authorization Act.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend and
colleague, the chairman of the Subcommittee on Air and Land Forces, who
very shortly will be the ranking member of the entire Committee on
Armed Services, the gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Speaker, first of all, I want to add my
congratulations to our chairman, Ike Skelton, for his outstanding
service to this Congress and more than anything for his outstanding
service to our troops. Anyone who has worked with Ike, anyone who has
worked on this committee, knows that that is always his first priority,
the men and women who serve in our military, and they could not
possibly have had a better advocate through his years on the Armed
Services Committee. He will be missed.
Once again, he has done his job and done it well. Every year he has
made sure that we get a defense authorization bill passed, and it has
not always been easy. Certainly it was not easy this year. But he got
it done, I should say with the able assistance of the ranking member,
soon to be chairman, Buck McKeon. That is one thing we agree on in a
bipartisan way: We get this bill done.
It is always important. It is especially important when we have
troops in harm's way in Afghanistan and Iraq to get the authorizing
bill done, to make sure that we give our troops and the militarily the
support that it deserves.
Now, I will disagree on the process. It is wrong and just not factual
to blame the House leadership for the process that we have today. We
got our job done. We did it. We passed the bill. The Senate didn't act
on it. The only alternative we had was to put this slimmed down bill up
today or have no bill at all, which we all agree is not acceptable. If
the Senate had acted, we would have had a much better bill. But as it
is, we have a very good bill because of the hard work of both
Republicans and the Democrats on the committee.
The one issue that I do want to mention, however, is the bone of
contention here, and that is the issue of where terrorists can be held,
tried, or dealt with. This bill prohibits them from being brought into
the United States.
We are not going to be able to continually offshore bringing these
terrorists to justice. There are legal problems that can come down on
us and jeopardize our ability to deal with them in the way we need to
if we continue to have this blocked. Nobody wants them here, but will
we have find a way to deal with them.
I worry that the language in this bill restricts it in a way that
could jeopardize our ability to properly deal with these folks that
threaten us so greatly. I hope going forward we will figure out a
reasonable resolution to that.
But, again, I congratulate Ike Skelton. Also on our side of the
aisle, not just Mr. Skelton, but Mr. Spratt, Mr. Ortiz, Mr. Taylor, Mr.
Snyder and Mr. Abercrombie, who left a little while ago. We lost a lot
of folks off the top row of the Armed Services Committee. They have all
served our country well, and they have my admiration and the admiration
of all Americans.
Mr. McKEON. Mr. Speaker, I would like to echo the words of Mr. Smith
in honoring all of those men that he just mentioned that served for so
many years on this committee.
At this time I yield 2 minutes to the gentleman from Arizona (Mr.
Franks).
Mr. FRANKS of Arizona. Mr. Speaker, I want to echo the comments that
have been made here regarding Ike Skelton. It is fairly rare when
someone so nobly transcends political party and even persuasions to try
to do what he or she believes is right for the country and for the
future of humanity. I congratulate him and wish him the best God can
give him everywhere he goes from this point forward.
Thank you, sir.
Mr. Speaker, they say that the crux of leadership is being able to
differentiate between the critical and the peripheral, and I believe
more than anything else today, the challenge before us in this process
is that we have allowed the peripheral to overcome the critical, and
this process has been subject to that failure on our part.
To correct the record on one point, the majority says that the
minority Members of the Senate stopped this bill. What they did was to
try to resist an effort to use the national defense authorization bill
as a vehicle for cultural and social engineering. That is something
that both parties should avoid doing now and in the future, because I
believe that it is a disgrace to the country and a disgrace to the
process.
Our focus here should be on doing that thing that most likely
protects and defends the freedom in this country and allows it to go
forth as a beacon of hope for the whole world. In the future, I would
hope that we would see the national defense authorization bill
protected as a bill strictly designed to defend and protect the arsenal
of freedom and the cause of human freedom in general. We owe that to
the American people, we owe that to the men and women in this country
that are in the military, and we owe it to the cause of human freedom.
Mr. SKELTON. I yield 1 minute to my friend the gentlewoman from
California (Mrs. Davis), the chair of the Subcommittee on Military
Personnel.
Mrs. DAVIS of California. Mr. Speaker, before I briefly summarize the
Personnel Subcommittee portion of the Ike Skelton National Defense
Authorization Act, I want to thank the bill's namesake.
Chairman Skelton, as my colleagues on both sides of the aisle have
said, has been a most extraordinary leader, and I am personally very
grateful for his mentorship. Our country, Mr. Skelton, Ike, is better
for your service, and you will be greatly missed.
The bill before us improves the quality of life for our
servicemembers, for their families and military survivors, and I am
pleased that the chairman as well as my colleagues have spoken about
how important these personnel issues are. In fact, we know our national
security is embodied in our people who serve.

{time} 1230

There are many important elements to that bill. It allows a 1.4
percent pay raise to keep pace with the private sector; authorizes
TRICARE beneficiaries to extend health coverage to children up to age
26 and bars increases in medical care premiums; improves access to
mental health and other medical providers; and it puts in place
recommendations for sexual assault prevention from the Defense Task
Force

[[Page H8756]]

on Sexual Assault in the Military Services.
I urge my colleague to support the Ike Skelton National Defense
Authorization Act.
Mr. McKEON. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Thornberry), a member of the committee, who will be the vice
chairman of the committee in the next Congress.
Mr. THORNBERRY. Mr. Speaker, I, too, want to rise and express my
respect and gratitude for a number of the senior members of this
committee who will not be with us in the next Congress: the gentleman
from South Carolina (Mr. Spratt), the gentleman from Mississippi (Mr.
Taylor), my colleague from Texas (Mr. Ortiz), and my friend from
Arkansas, Dr. Snyder. Each of them have made innumerable contributions
not only to the committee but to national security.
Mr. Speaker, I think it is absolutely appropriate to name a defense
authorization bill after our chairman, Mr. Skelton, who, over the
totality of his career, has made innumerable contributions not only to
this body and to the committee, but to the national security of the
country.
I think it is unfortunate that this particular bill has followed the
tortured process it has in getting here. In some ways, it's unworthy of
the contributions that the gentleman from Missouri has made over the
course of his career. I think it is going to be very important for us
moving forward to try to, just as we return the House to a more regular
order where Members can make contributions, that the whole process of a
defense authorization bill can return to a more regular order.
I'd like to just mention a couple of provisions. One was mentioned on
bringing detainees here from Guantanamo. Mr. Speaker, I think it's
important to have that provision here, but we should remember that how
we got here was a rash and irresponsible campaign promise by the
President that he was going to close Guantanamo within the first year.
And as the administration has tried to dodge and weave its way around
keeping that promise, we have come to a virtual standstill on bringing
those detainees through a judicial process. I hope that this bill is
the first step towards making that happen, getting back to a regular
judicial process for those detainees.
The other provision I want to mention is the acquisition reform, an
important first step to be sure, but it will be very important for this
committee also to follow it up and measure the effectiveness, because
every dollar spent is critical to be effective.
Mr. SKELTON. I yield 1 minute to my friend and colleague, the
chairman of the Subcommittee on Seapower, the gentleman from
Mississippi (Mr. Taylor).
Mr. TAYLOR. Mr. Speaker, I come to rise in support of this bill, but
most of all, to tell the American people what a great man this bill is
named after. Under his guidance, the House Armed Services Committee,
the first hearing that was held under his leadership was to address the
problem of underbody explosions to American vehicles. Under Ike
Skelton, the previous Secretary of Defense wanted to build 5,000 mine-
resistant vehicles. The first hearing under Ike's watch was to discuss
the possibility of building mine-resistant vehicles. We set the bar at
15,000. The next day, the new Secretary of Defense, Secretary Gates,
said, No, it's not going to be 15,000. It's going to be 17,000. Now
that number stands at about 19,000.
What has that accomplished? In 2005, the Mississippi Guard went to
Iraq. Twenty-eight of my fellow Mississippians died from underbody
explosions to vehicles. In 2009, the Mississippi Guard went back to
Iraq. They were attacked 85 times. They did not lose a limb, they did
not lose a life, because of the mine-resistant vehicles they were
traveling in.
On Ike Skelton's watch, the fleet has grown by seven ships. We have a
friendly game of one-upmanship in this Chamber, incoming Mr. Chairman.
I've got believe Ike Skelton set the bar very high for you. I look
forward to you doing even better.
Ike Skelton, thank you for the magnificent job you've done in saving
the lives of our troops.
Mr. McKEON. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Conaway), a member of the committee.
Mr. CONAWAY. I, too, want to add my deep respect and gratitude to the
outgoing chairman, Ike Skelton, a man that I have come to know and love
these 4 years under his tutelage in the chairmanship, and I wish him
and his terrific wife, Patty, all the very best in the next chapter in
their life.
I also want to brag on the fact that the acquisition reform language
made it into the final cut. A lot of work went into that from really
good folks. I'm looking forward to being part of the monitoring system
to make sure that it gets implemented properly.
As a part of that, we're also anxious to continue to hold the
Department of Defense and all of the various branches' feet to the fire
with respect to auditable financial statements. As you know, the
Department of Defense cannot audit its own books today. It is an
important initiative. There are great folks in the Pentagon working
hard. I'm looking forward to the next 2 years, being a part of that
process that makes sure they continue to have the resources they need
to get the audit work done so that the Department of Defense can tell
the American people that they are, in fact, spending the money that we
so preciously allot to them properly in the way to go.
Again, let me add one last thank you to Ike Skelton for his tutelage
and mentorship over the years on the committee. We're going to miss
you, Ike, sir, and all the best and Godspeed in your next career.
The SPEAKER pro tempore. The gentleman from California has 1 minute
remaining and the gentleman from Missouri has 5\1/2\ minutes remaining.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend, the
distinguished gentleman from South Carolina (Mr. Spratt).
Mr. SPRATT. Mr. Speaker, I thank the gentleman for yielding and rise
in emphatic support of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011.
This bill, as befits its title, makes record investments in our
Nation's military, authorizing $725 billion to strengthen national
security. Our friends on the other side of the aisle have said that
they would do things differently next year. It'll be interesting to see
whether or not this becomes a high water mark for defense spending,
given the deficits, debt, and other fiscal policy obstacles that remain
in our future, that loom over our future. This bill fully funds
operations in Afghanistan and Iraq, while modernizing the force to
prepare and be ready for the threats of today and the wars of tomorrow.
Mr. Chairman, I have served on the Armed Services Committee for 28
years. I have always believed that our first order of business is to
fund the defense of this Nation. This will be the last defense
authorization bill on which I have had the honor of working side by
side with my great friend, Ike Skelton. I will be honored to cast my
final vote for a good bill that funds our deployed troops, keeps our
many commitments, and secures the Nation of threats foreign and abroad
and bears the name of a real patriot, a great patriot, Isaac Newton
Skelton, known to all of us and loved by all of us by the name of Ike.
I urge my colleagues to join us in supporting this bill with this
worthy name.
The SPEAKER pro tempore. The gentleman from California has 1\1/2\
minutes remaining and the gentleman from Missouri has 4 minutes
remaining.
Mr. McKEON. I reserve the balance of my time.
Mr. SKELTON. I yield 1 minute to my friend, the gentleman from New
Jersey (Mr. Andrews), a member of our committee.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. I want to first associate myself with the remarks from
my friend Mr. Conaway and the work we had the chance to do together on
acquisition reform. And I'm so proud to cast this vote for a bill
that's so aptly named after Ike Skelton.
The measure of a person's achievement is not found in the pages of
lawbooks or in the annals of politics. The measure of Chairman
Skelton's achievement is the improvement in the quality of life of
troops around the

[[Page H8757]]

world. This morning, Mr. Chairman, because of you, they are safer; they
are better trained; they are better equipped; and, most importantly--
and I know this matters to you--their families and their loved ones are
in better schools, better housing, and they have better health care.
The chairman has always said that each year was going to be the
``year of the troops.'' He said it every year, and he meant it. Because
every year that he served in this Congress, on this committee, and as
its chairman, he made it the ``year of the troops.'' His contribution
will go far beyond the years and far beyond this bill.
It's an honor to serve with this chairman. Thank you, on behalf of
those who wear the uniform of this country, for your selfless
patriotism and service to them.

{time} 1240

Mr. McKEON. I continue to reserve the balance of my time.
Mr. SKELTON. Mr. Speaker, I yield 30 seconds to a member of our
committee, the gentlewoman from Guam (Ms. Bordallo).
Ms. BORDALLO. Mr. Speaker, I rise in support of the Ike Skelton
National Defense Authorization Act.
The bill provides critical authorities for the Department of Defense
to ensure that the military buildup on Guam is implemented
successfully.
I especially thank Chairman Skelton and Ranking Member McKeon for
ensuring that the most important parts of H.R. 44, the Guam World War
II Loyalty Recognition Act, were incorporated into this bill. This
provision is so important to my constituents, and it is connected to
the success for the military buildup.
Finally, I thank Chairman Skelton for his steadfast and unwavering
support of Guam. We will miss his leadership on the committee and in
this body, but it is a well-deserved honor to have this bill named
after Chairman Skelton. I urge support of its passage.
Mr. McKEON. I continue to reserve the balance of my time.
Mr. SKELTON. Mr. Speaker, I yield 30 seconds to my colleague and my
friend, the gentleman from Connecticut (Mr. Courtney).
Mr. COURTNEY. Mr. Speaker, one of the ways that Ike Skelton's legacy
will be remembered for a long time is with the $15.7 billion
authorization for shipbuilding in this legislation, which will continue
this country on the path towards a cost-effective goal of 314 ships,
which many chairmen and people who preceded him gave lip service to;
but, under his leadership over the last 4 years, we have steadily made
progress reforming the LCS Shipbuilding Program and getting to two
submarines a year--a goal which was set forth back in 2002 but that
finally, with this authorization bill, will be achieved.
In Connecticut a few short months ago, he gave the keynote address at
the USS Missouri's commissioning, which was a proud day for the State
of Connecticut and the State of Missouri.
Again, his leadership in terms of getting our Navy to the level we
need for our national security is something that we should all pay
homage to as it will be remembered for many years to come.
The SPEAKER pro tempore. The gentleman from California has 1\1/2\
minutes remaining, and the gentleman from Missouri has 2 minutes
remaining.
Mr. McKEON. I continue to reserve the balance of my time.
Mr. SKELTON. Mr. Speaker, I yield 1 minute to my friend, the
gentleman from Washington (Mr. Dicks).
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. Mr. Speaker, I wanted to rise today to celebrate the great
career of Ike Skelton.
He and I were classmates. We came here in 1976--he went on the Armed
Services Committee; I went on the Appropriations Committee--and we have
always worked together.
The issue that I have always enjoyed working with Ike on is the B-2
bomber, the Stealth Bomber. We worked on that. We went out to Missouri
many times, to Whiteman. I think that was one of the finest weapons
systems that has been developed, and we worked together on converting
it to a conventional bomber, which made it a lot more effective, and it
has been utilized.
I want to also say that Ike has a tremendous concern about the
troops. He has got family members who serve in the military, and he has
always been an advocate for the troops. I just want to commend him on
his outstanding career and on his great service to this country. The
fact that this bill is being named after him is totally appropriate.
I ask everyone to support the bill.
Mr. McKEON. I continue to reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from Missouri has 1 minute
remaining. The gentleman from California has 1\1/2\ minutes remaining.
Mr. SKELTON. Mr. Speaker, I yield 30 seconds to my friend, 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. Chairman Skelton, America thanks you. The
troops in Texas thank you, and all of the troops around the world thank
you.
I thank you for strengthening your commitment to service men and
women and their families.
Readiness has been your challenge. I thank you for that. For
strengthening the military forces, for making sure they have the right,
secure, safe, and the most technologically sophisticated equipment, I
thank you.
Likewise, let me say to you: For your demeanor and spirit, for the
tears you shed for those who lost their lives, you have never wavered;
and for the service that you gave as a young man in the United States
military, I cannot thank you enough.
I come today to support this Ike Skelton bill and to ask my
colleagues to pay tribute to this American hero.
Mr. Speaker, I rise in strong support of H.R. 6523, 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.
As a Member of both the Foreign Affairs and Homeland Security
Committees, I highly commend Chairman Ike Skelton for his steadfast
leadership and tireless efforts to invest in our military to increase
our national security. I join him in strongly supporting the men and
women of our Armed Forces; they make the greatest of sacrifices to
ensure our national security as a matter of duty. So, I stand here
today to say to my colleagues here in Congress, that ``now it is our
duty to take care of the military families who take care of us!''
This defense bill reflects our commitment to support the men and
women who fight to secure not only our citizen's freedom, but the
freedom of others. In H.R. 6523, Chairman Ike Skelton and the Armed
Services Committee provide the necessary resources to protect the
American people and our national interests at home and abroad.
The National Defense Authorization Act for Fiscal Year 2011 makes
record investments in our Nation's military, authorizing a $725 billion
budget to further strengthen our national security, provide our brave
men and women in uniform with the tools to do their jobs, and take care
of our servicemembers and their families who make sacrifices right
there beside them. It utilizes a sound and balanced strategy to provide
the resources we need to sustain two wars today and to be prepared for
the threats of tomorrow--whatever and wherever they may be.
This legislation: Strengthens counterterrorism efforts and force
protection; strengthens missile defense; strengthens nuclear
nonproliferation; strengthens support for servicemembers and their
families; strengthens military forces; and strengthens defense
acquisition.
The National Defense Authorization Act for Fiscal Year 2011, further
strengthens our national security by continuing Congress' work to
provide the necessary funding, authorities, and oversight for those who
defend America from terrorists. It fully supports President Obama's
counterinsurgency strategy in Afghanistan, the nation that served as
the genesis for multiple attacks against America, including the
terrorist attacks of September 11, 2001. The President's plan in
Afghanistan continues to show clear signs of tactical success, putting
us on the road toward ensuring that Afghanistan will no longer be used
as a safe haven for terrorists.
The bill provides the resources to successfully implement this new
strategy and continues to fix the dramatic shortfalls of the previous
Administration, when the war in Afghanistan was the forgotten war. It
supports the President's strategy on both sides of the border, helping
to strengthen the relationship with

[[Page H8758]]

Pakistan by expanding Coalition Support Funds. Additionally, it
supports the President's efforts to strengthen strategic partnerships
with key nations, such as Yemen.

The National Defense Authorization Act for Fiscal Year 2011, also
takes unprecedented steps to strengthen our missile defense, continuing
to move away from the Cold War mentality and instead align our missile
defense policy with the threats of the 21st century. The bill provides
support to the President's new Phased, Adaptive Approach to missile
defense, which places the highest priority on countering our most
immediate threats from nations like Iran and North Korea with proven
and effective defense systems, while still providing us with the
flexibility to be prepared for the threats of tomorrow.
The efforts of terrorist organizations like al Qaeda to obtain
nuclear capabilities are among the most serious threats facing America
today. While the threat of nuclear war with a superpower is
diminishing, the threat of nuclear terrorism and the risk that nuclear
materials might spread to countries hostile to the U.S. are increasing.
We cannot adequately protect our Nation until we bring our nuclear
policy out of the Cold War era and into the 21st century, and the bill
fully supports the President's efforts to secure vulnerable nuclear
material and prevent the spread of nuclear weapons to those who seek to
do us harm. It funds key programs such as the Department of Energy's
Global Threat Reduction Initiative and International Nuclear Materials
Protection and Cooperation program and the Global Nuclear Lockdown
activities under the Department of Defense's Cooperative Threat
Reduction Program.
Our Nation has the best military in the world, and Congress remains
committed to providing the very best care and benefits to our troops
and the families who are always there to lift them up. This year's bill
provides a 1.4 percent pay raise to the troops, allows military
families to extend TRICARE coverage to their dependent adult children
until age 26, improves the Yellow Ribbon Reintegration Program, and
restructures certain education benefits. This year's bill also includes
the most comprehensive legislation package ever to address sexual
assault in the military and creates a more robust domestic violence
prevention program.
This defense authorization bill sponsored by my colleague,
Representative Ike Skelton, rightfully enjoys strong bi-partisan
support. It shows our military families that we truly value their
service and sacrifice, and provides our military with the level of
support they need to keep our national security strong. As a member of
the Foreign Affairs and Homeland Security Committees from the great
State of Texas, which is home to some 15 military bases and has a proud
history of national service, I strongly support this legislation and
thank my colleagues for joining me in strengthening our national
security and taking care of our military families.
Mr. McKEON. Mr. Speaker, I have 1\1/2\ minutes remaining, and the
chairman has 30 seconds remaining?
The SPEAKER pro tempore. That is correct.
Mr. McKEON. I would like to yield the gentleman from Missouri 30
seconds of my 1\1/2\ minutes.
Mr. Speaker, as has been mentioned before, Chairman Skelton, Mr.
Spratt, Mr. Taylor, Mr. Ortiz, Mr. Snyder--all on the top row--
represent over 100 years of experience, of service, of dedication, of
devotion to the troops. To those who were representing us around the
world and protecting our freedoms, I want to thank them for their
service.
I have had the opportunity of traveling with Ike, and I have watched
him relate to the troops and their families. He just has a spirit about
him, and they love to see him. They are going to miss him. We are going
to miss him on the committee.
I am going to vote for the Ike Skelton bill, mainly because it's Ike
Skelton, and I encourage all members of our conference to do so.
I yield back the balance of my time.
Mr. SKELTON. Mr. Speaker, I have no further requests for time, but I
wish to add a quick note.
In the poem ``Flanders Fields,'' there is a line that reads: to you
we throw the torch; be yours to hold it high.
I say that to my friend, my colleague, the gentleman from California,
Buck McKeon. I pass the torch to him to make sure that he holds it
high. I know full well that he will, and he will continue to make us
proud as the chairman. I thank him for his friendship, for his
cooperation, for his bipartisanship, and I wish him well and Godspeed
in the days ahead.
A special note to all the members of our committee:
We have been a family. It has worked well. Great debates. Solid
legislation. But I'd be remiss if I didn't say something about the
fantastic staff that we have. To name any one of them would be a
disservice to those whether they are at the entry level or at the very
highest level. Under the leadership of Paul Arcangeli and, previously,
Erin Conaton, we have performed well, and I want to thank each one of
them.
Thank you for this tremendous, tremendous opportunity.
Mr. HOLT. Mr. Speaker, I rise in support of this bill, albeit with
very mixed feelings.
This bill includes a number of very important programs for our
military personnel and their families. Of particular importance is the
change in law that allows our men and women in uniform to provide
health care benefits to their adult children up to age 26, like the
rest of the country can currently do. I'm also pleased that the bill
provides a 1.4 percent pay raise for our troops to make sure that their
pay raise rates match the private sector, and that it funds a school
modernization program for the children of our servicemembers.
Unfortunately, one critical provision is missing from this bill.
In May when the House passed this bill, it contained a suicide
prevention provision that I authored, named in honor of Sergeant
Coleman S. Bean of East Brunswick, New Jersey. Coleman did two combat
tours in Iraq. In between and after those tours, he sought treatment
for post-traumatic stress disorder, PTSD. Because Sergeant Bean was a
member of the Individual Ready Reserve, IRR--a pool of Reserve soldiers
not assigned to any unit but available for mobilization if needed--he
could not get treatment for his condition because the Departments of
Defense and Veterans Affairs refused to take ownership of Sergeant Bean
and the thousands like him.
The provision I authored sought to prevent future tragedies like the
one experienced by Coleman and his family. Simply stated, the provision
would require the Defense Department to make quarterly counseling phone
calls to reservists like Coleman. Personnel conducting this call would
be required to determine the emotional, psychological, medical, and
career needs and concerns of the IRR member. Any IRR member identified
as being at risk of harming his or her self would be immediately
referred to the nearest emergency room for immediate evaluation and
treatment by a qualified mental health care provider, and in those
cases the Secretary would be required to confirm that the at-risk IRR
member has in fact received the evaluation, and if necessary,
treatment.
To my amazement and outrage, Senate negotiators demanded that this
provision be removed from the conference report, claiming it was
unnecessary. Nothing in this world could possibly be more necessary
than doing whatever it takes to prevent our veterans from taking their
own lives. As I've said on many occasions, if we can find the money to
send our troops off to war, we can find the money to care for them when
they return. I look forward to working with incoming Chairman Buck
McKeon and our new Ranking Member, Republican Smith of Washington, next
year to finally get this provision into law.
Mr. BLUMENAUER. Mr. Speaker, today I voted against H.R. 6523 as
amended, the ke Skelton Defense Authorization Act for FY 2011, because
we must redefine, refocus and reign in military spending.
We have the largest defense budget in the world. We cannot continue
to spend as much on defense as the next 16 countries combined. We
cannot continue to spend billions to protect West Germany from the
Soviet Union when both ceased to exist 2 decades ago.
Such policies are not fair to our military or to the taxpayer.
In May, I voted for an earlier version of the Defense Authorization
bill because it moved closer to ending the egregious Don't Ask, Don't
Tell policy that discriminates against brave, qualified Americans who
want to serve their country and contained positive elements that could
serve as a platform for further improvement.
This bill no longer contains that repeal and further misses an
opportunity to appropriately prioritize funding for our national
defense. It leaves the door open for more spending on the unneeded
alternative engine for the F-35 fighter, authorizes $10 billion in
missile defense, a $1 billion, 11 percent, increase over last year, and
it unnecessarily ties the hands of the President to deal with
Guantanamo facilities.
While nothing is more important than providing the resources needed
to keep our men and women in uniform safe, the bill is too rooted in
the past and the unfortunate present operation in Afghanistan, which
I've opposed for scaling up, when we should have been scaling down so
that we can refine and refocus on programs that will make our country
safer and more secure.
Ms. BORDALLO. Mr. Speaker, I rise to support H.R. 6523, the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011.

[[Page H8759]]

The bill provides critical authorities for the Department of Defense
over the coming year and also includes a provision, Title 17, that is
compromise language to H.R. 44, the Guam World War II Loyalty
Recognition Act. This provision is important to my constituents as it
resolves a longstanding injustice. Mr. Speaker, I thank the President
and his administration, specifically Secretary Ken Salazar and
Assistant Secretary Tony Babauta from the Department of the Interior,
as well as Deputy Secretary of Defense Bill Lynn, Undersecretary of the
Navy Robert Work, Assistant Secretary of Defense Chip Gregson,
Assistant Secretary of the Navy Jackalynne Pfannenstiel, Deputy
Undersecretary of Defense Dorothy Robyn and Mr. Joe Ludovici of the
Joint Guam Program Office who emphasized to the Congress the importance
of this provision to our Nation, to the people of Guam, and for
maintaining support within the community on Guam for the military
build-up.
Although now before us is the compromise language insisted upon by
the other body, the people of Guam have sought closure on this matter
for many years. Today we have arrived at that critical juncture. It has
been 6 years since the Federal Guam War Claims Review Commission
fulfilled the mandate of Public Law 107-333 and recommended to Congress
the enactment of legislation that takes the form in this Congress as
H.R. 44. The military build-up is beginning construction, in earnest,
in the next few months and it is important to my constituents that this
issue be finally addressed. The compromise, now before us, is identical
to the compromise tendered during conference on last year's defense
bill. Last year, I was not able to accept the compromise because I
needed to first hear from my constituents about their thoughts on its
potential ramifications. While the House has overwhelming embraced H.R.
44, the full provision and passed it multiple times, and the President
and his administration have urged its enactment, regrettably there
continues to be objections in the Senate to certain elements of the
provision, namely the category of claimants in which descendants of
Chamorros who survived the occupation and suffered personal injury but
who have since passed away would be compensated. Therefore, the basis
and need for this compromise language.
The defense bill also continues to support the Defense Policy Review
Initiative and the so-called Guam International Agreement that outline
the realignment of military forces in the Western Pacific. The bill
recognizes the strategic importance to the bilateral relationship
between the United States and Japan of realigning forces within
Okinawa, Japan with some realigning to Guam. Specifically, this bill
continues our tradition of providing stringent oversight of the
military build-up and ensuring accountability with this significant
undertaking. One provision, in particular, helps to make sure the
military build-up is done right and benefits our civilian community.
Section 2822 authorizes the Department of the Navy to convey its water
and wastewater system to the Guam Waterworks Authority. This permissive
authority outlines Congress's intent for any such conveyance of the
water and wastewater systems. Further, it recognizes the efficiency of
scale that can be achieved by having one, single and integrated water
and wastewater system on Guam. Of importance to some of my
constituents, is that the resources of Fena Reservoir will once again
benefit our civilian community.
The bill also reaffirms this Congress's commitment to our men and
women in the National Guard. The legislation authorizes $700 million in
the National Guard and Reserve Equipment Account, totaling over $7.2
billion in funding for National Guard and Reserve equipment
requirements. Of particular concern to the Guam National Guard is
authorization for a long-awaited $19 million military construction
project for a new Combined Support Maintenance Shop at the Barrigada
Joint Force Headquarters complex on Guam. It also extends a critical
authority to be able to recruit and retain quality Guardsmen and women
from the Commonwealth of the Northern Mariana, CNMI, islands. Section
621, extends for 1 year, authority for eligible members of the National
Guard and Reserves to be reimbursed for certain travel expenses in
conjunction with inactive duty training. This authority is critical to
ensure members of the Guam National Guard residing in the CNMI are able
to train with their fellow Guardsmen on Guam and to maintain their
readiness in the event they need to support local or federal
requirements.
Finally, I extend my deepest thanks to Chairman Skelton for his
steadfast and unwavering support of Guam and issues that are important
to our people, He and Ranking Member McKeon remained firm in their
support for H.R. 44, and have helped tremendously with ensuring plans
for the military build-up reflected the needs and concerns of the
people of Guam. We will miss Chairman Skelton' leadership on the
Committee and in this body dearly. We join the Nation in saluting him
for all that he has done for the men and women who have served and
continue to serve and their families. We look forward to continuing to
work under incoming Chairman McKeon's steady leadership, and with the
legacy of Chairman Skelton that he and Congressman Smith and others
will continue to uphold within the Committee. I urge my colleagues to
support passage of the Ike Skelton National Defense Authorization Act
for our Nation, our troops, and for the people of Guam.
Mr. SKELTON. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and pass the bill, H.R. 6523, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McKEON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________