[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5136 Placed on Calendar Senate (PCS)]
Calendar No. 423
111th CONGRESS
2d Session
H. R. 5136
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2010
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2011 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2011''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Implementing Management for Performance and
Related Reforms to Obtain Value in Every Acquisition Act.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Treatment of successor contingency operation to Operation Iraqi
Freedom.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Procurement of early infantry brigade combat team increment
one equipment.
Sec. 112. Report on Army battlefield network plans and programs.
Sec. 113. Limitation on use of funds for line-haul tractors.
Subtitle C--Navy Programs
Sec. 121. Incremental funding for procurement of large naval vessels.
Sec. 122. Multiyear procurement of F/A-18E, F/A-18F, and EA-18G
aircraft.
Sec. 123. Report on naval force structure and missile defense.
Subtitle D--Air Force Programs
Sec. 131. Preservation and storage of unique tooling for F-22 fighter
aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Limitation on procurement of F-35 Lightning II aircraft.
Sec. 142. Limitations on biometric systems funds.
Sec. 143. Counter-improvised explosive device initiatives database.
Sec. 144. Study on lightweight body armor solutions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Report requirements for replacement program of the Ohio-class
ballistic missile submarine.
Sec. 212. Limitation on obligation of funds for F-35 Lightning II
aircraft program.
Sec. 213. Inclusion in annual budget request and future-years defense
program of sufficient amounts for continued
development and procurement of competitive
propulsion system for F-35 Lightning II
aircraft.
Sec. 214. Separate program elements required for research and
development of Joint Light Tactical
Vehicle.
Subtitle C--Missile Defense Programs
Sec. 221. Limitation on availability of funds for missile defenses in
Europe.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Phased, adaptive approach to missile defense in Europe.
Sec. 224. Homeland defense hedging policy.
Sec. 225. Independent assessment of the plan for defense of the
homeland against the threat of ballistic
missiles.
Sec. 226. Study on ballistic missile defense capabilities of the United
States.
Sec. 227. Reports on standard missile system.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual comptroller general report on the VH-(XX) presidential
helicopter acquisition program.
Sec. 234. Joint assessment of the joint effects targeting system.
Subtitle E--Other Matters
Sec. 241. Escalation of force capabilities.
Sec. 242. Pilot program to include technology protection features
during research and development of defense
systems.
Sec. 243. Pilot program on collaborative energy security.
Sec. 244. Report on regional advanced technology clusters.
Sec. 245. Sense of Congress affirming the importance of Department of
Defense participation in development of
next generation semiconductor technologies.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities
Army Ammunition Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air
Station, Brunswick, Maine.
Sec. 313. Testing and certification plan for operational use of an
aviation biofuel derived from materials
that do not compete with food stocks.
Sec. 314. Report identifying hybrid or electric propulsion systems and
other fuel-saving technologies for
incorporation into tactical motor vehicles.
Sec. 315. Exception to alternative fuel procurement requirement.
Sec. 316. Information sharing relating to investigation of exposure to
drinking water contamination at Camp
Lejeune, North Carolina.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
Sec. 322. Repeal of conditions on expansion of functions performed
under prime vendor contracts for depot-
level maintenance and repair.
Sec. 323. Pilot program on best value for contracts for private
security functions.
Sec. 324. Standards and certification for private security contractors.
Sec. 325. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of
Defense civilian employees.
Sec. 326. Treatment of employer contributions to health benefits and
retirement plans for purposes of cost-
comparisons of contractor and civilian
employee performance of Department of
Defense functions.
Subtitle D--Reports
Sec. 331. Revision to reporting requirement relating to operation and
financial support for military museums.
Sec. 332. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 333. Modification and repeal of certain reporting requirements.
Sec. 334. Report on Air Sovereignty Alert mission.
Sec. 335. Report on the SEAD/DEAD mission requirement for the Air
Force.
Sec. 336. Requirement to update study on strategic seaports.
Sec. 337. Study and report on feasibility of joint usage of the NASA
Shuttle Logistics Depot.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged
for use of domestic military airfields by
civil aircraft.
Sec. 342. Improvement and extension of Arsenal Support Program
Initiative.
Sec. 343. Extension of authority to reimburse expenses for certain Navy
mess operations.
Sec. 344. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 345. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 346. Limitation on retirement of C-130 aircraft from Air Force
inventory.
Sec. 347. Commercial sale of small arms ammunition in excess of
military requirements.
Sec. 348. Limitation on Air Force fiscal year 2011 force structure
announcement implementation.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Adoption of military working dogs by family members of
deceased or seriously wounded members of
the Armed Forces who were handlers of the
dogs.
Sec. 353. Revision to authorities relating to transportation of
civilian passengers and commercial cargoes
by Department of Defense when space
unavailable on commercial lines.
Sec. 354. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate
performance of certain Department of
Defense functions by civilian employees.
Sec. 355. Inventory and study of budget modeling and simulation tools.
Sec. 356. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 357. Department of Defense study on simulated tactical flight
training in a sustained g environment.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
Sec. 359. Sense of Congress regarding fire-resistant utility ensembles
for National Guard personnel in civil
authority missions.
Sec. 360. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 361. Recovery of missing Department of Defense property.
Sec. 362. Authority for payment of full replacement value for loss or
damage to household goods in limited cases
not covered by carrier liability.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Age for health care professional appointments and mandatory
retirements.
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of
warrant officer appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection
boards.
Sec. 504. Administrative removal of officers from list of officers
recommended for promotion.
Sec. 505. Eligibility of officers to serve on boards of inquiry for
separation of regular officers for
substandard performance and other reasons.
Sec. 506. Temporary authority to reduce minimum length of active
service as a commissioned officer required
for voluntary retirement as an officer.
Subtitle B--Reserve Component Management
Sec. 511. Preseparation counseling for members of the reserve
components.
Sec. 512. Military correction board remedies for National Guard
members.
Sec. 513. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 514. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force
Reserve unit program.
Sec. 515. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 516. Revised structure and functions of Reserve Forces Policy
Board.
Sec. 517. Merit Systems Protection Board and judicial remedies for
National Guard technicians.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Changes to process involving promotion boards for joint
qualified officers and officers with joint
staff experience.
Sec. 523. Secure electronic delivery of Certificate of Release or
Discharge from Active Duty (DD Form 214).
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-
demand, low-density assignments.
Sec. 532. Correction of military records.
Sec. 533. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214) to specifically
identify a space for inclusion of e-mail
address.
Sec. 534. Recognition of role of female members of the Armed Forces and
Department of Defense review of military
occupational specialties available to
female members.
Sec. 535. Matters covered by preseparation counseling for members of
the Armed Forces and their spouses.
Sec. 536. Department of Defense policy concerning homosexuality in 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. Limitations on use in personnel action of information
contained in criminal investigative report
or in index maintained for law enforcement
retrieval and analysis.
Sec. 544. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in
support of a contingency operation.
Sec. 545. Improvements to Department of Defense domestic violence
programs.
Sec. 546. Public release of restricted annex of Department of Defense
Report of the Independent Review Related to
Fort Hood pertaining to oversight of the
alleged perpetrator of the attack.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Repayment of education loan repayment benefits.
Sec. 552. Active duty obligation for graduates of the military service
academies participating in the Armed Forces
Health Professions Scholarship and
Financial Assistance program.
Sec. 553. Waiver of maximum age limitation on admission to service
academies for certain enlisted members who
served during Operation Iraqi Freedom or
Operation Enduring Freedom.
Sec. 554. Report of feasibility and cost of expanding enrollment
authority of Community College of the Air
Force to include additional members of the
Armed Forces.
Subtitle G--Defense Dependents' Education
Sec. 561. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 562. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department
of Defense domestic dependent elementary
and secondary schools.
Subtitle H--Decorations, Awards, and Commemorations
Sec. 571. Notification requirement for determination made in response
to review of proposal for award of a Medal
of Honor not previously submitted in timely
fashion.
Sec. 572. Department of Defense recognition of spouses of members of
the Armed Forces.
Sec. 573. Department of Defense recognition of children of members of
the Armed Forces.
Sec. 574. Clarification of persons eligible for award of bronze star
medal.
Sec. 575. Award of Vietnam Service Medal to veterans who participated
in Mayaguez rescue operation.
Sec. 576. Authorization for award of Medal of Honor to certain members
of the Army for acts of valor during the
Civil War, Korean War, or Vietnam War.
Sec. 577. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor
during the Vietnam War.
Sec. 578. Program to commemorate 60th anniversary of the Korean War.
Sec. 579. Establishment of Combat Medevac Badge.
Sec. 580. Retroactive award of Army Combat Action Badge.
Sec. 580A. Review regarding award of Medal of Honor to Jewish American
World War I veterans.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional member of Department of Defense
Military Family Readiness Council.
Sec. 582. Director of the Office of Community Support for Military
Families With Special Needs.
Sec. 583. Pilot program of personalized career development counseling
for military spouses.
Sec. 584. Modification of Yellow Ribbon Reintegration Program.
Sec. 585. Importance of Office of Community Support for Military
Families with Special Needs.
Sec. 586. Comptroller General report on Department of Defense Office of
Community Support for Military Families
with Special Needs.
Sec. 587. Comptroller General report on Exceptional Family Member
Program.
Sec. 588. Comptroller General review of Department of Defense military
spouse employment programs.
Sec. 589. Report on Department of Defense military spouse education
programs.
Sec. 590. Annual leave for family of deployed members of the uniformed
services.
Sec. 590A. Codification and continuation of Joint Family Support
Assistance Program.
Subtitle J--Other Matters
Sec. 591. Establishment of Junior Reserve Officers' Training Corps
units for students in grades above sixth
grade.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 595. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
Sec. 596. Enhanced authority for members of the Armed Forces and
Department of Defense and Coast Guard
civilian employees and their families to
accept gifts from non-Federal entities.
Sec. 597. Report on performance and improvements of Transition
Assistance Program.
Sec. 598. Sense of Congress regarding assisting members of the Armed
Forces to participate in apprenticeship
programs.
Sec. 599. Report on expansion of number of heirloom chest awarded to
surviving families.
Sec. 600. Increase of maximum age for children eligible for medical
care under CHAMPVA program.
Sec. 600A. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense.
Sec. 600B. Enhancements to the Troops-to-Teachers Program.
Sec. 600C. Support from Department of Education to help cover costs of
new State programs under National Guard
Youth Challenge Program.
Sec. 600D. Study of treatment of members of the reserve components.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2011 increase in military basic pay.
Sec. 602. Basic allowance for housing for two-member couples when one
or both members are on sea duty.
Sec. 603. Allowances for purchase of required uniforms and equipment.
Sec. 604. Increase in amount of family separation allowance.
Sec. 605. One-time special compensation for transition of assistants
providing aid and attendance care to
members of the uniformed services with
catastrophic injuries or illnesses.
Sec. 606. Expansion of definition of senior enlisted member to include
senior enlisted member serving within a
combatant command.
Sec. 607. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on
account of availability of comparable
benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay,
and bonus authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Sec. 617. Treatment of officers transferring between Armed Forces for
receipt of aviation career special pay.
Sec. 618. Increase in maximum amount of special pay for duty subject to
hostile fire or imminent danger or for duty
in foreign area designated as an imminent
danger area.
Sec. 619. Special payment to members of the Armed Forces and civilian
employees of the Department of Defense
killed or wounded in attacks directed at
members or employees outside of combat
zone, including those killed or wounded in
certain 2009 attacks.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Extension of authority to provide travel and transportation
allowances for inactive duty training
outside of normal commuting distances.
Sec. 632. Travel and transportation allowances for attendance of
designated persons at Yellow Ribbon
Reintegration events.
Sec. 633. Mileage reimbursement for use of privately owned vehicles.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire
for disability.
Sec. 642. Equity in computation of disability retired pay for reserve
component members wounded in action.
Sec. 643. Elimination of the age requirement for health care benefits
for non-regular service retirees.
Sec. 644. Clarification of effect of ordering reserve component member
to active duty to receive authorized
medical care on reducing eligibility age
for receipt of non-regular service retired
pay.
Sec. 645. Special survivor indemnity allowance for recipients of pre-
Survivor Benefit Plan annuity affected by
required offset for dependency and
indemnity compensation.
Sec. 646. Payment date for retired and retainer pay.
Sec. 647. 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. 651. Shared construction costs for shopping malls or similar
facilities containing a commissary store
and one or more nonappropriated fund
instrumentality activities.
Sec. 652. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to
provide such services for military
personnel serving in combat zones.
Sec. 653. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
Sec. 654. Continued operation of commissary and exchange stores serving
Brunswick Naval Air Station, Maine.
Subtitle F--Alternative Career Track Pilot Program
Sec. 661. Pilot program to evaluate alternative career track for
commissioned officers to facilitate an
increased commitment to academic and
professional education and career-
broadening assignments.
Subtitle G--Other Matters
Sec. 671. Participation of members of the Armed Forces Health
Professions Scholarship and Financial
Assistance program in active duty health
profession loan repayment program.
Sec. 672. Retention of enlistment, reenlistment, and student loan
benefits received by military technicians
(dual status).
Sec. 673. Cancellation of loans of members of the Armed Forces made
from student loan funds.
Sec. 674. Report on provision of additional incentives for recruitment
and retention of health care professionals
for reserve components.
Sec. 675. Flexible commencement dates for availability of homeowner
assistance for members of the Armed Forces
permanently reassigned during mortgage
crisis.
Sec. 676. Exclusion of persons convicted of committing certain sex
offenses from receiving certain burial-
related benefits and funeral honors.
Sec. 677. Scholarship program for veterans for pursuit of graduate and
post-graduate degrees in behavioral health
sciences.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under TRICARE.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits
program.
Sec. 706. Suicide among members of the Individual Ready Reserve and
individual mobilization augmentees.
Sec. 707. Provision of information to members of the reserve components
regarding health care benefits.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Updated terminology for the Army medical service corps.
Sec. 713. Clarification of licensure requirements applicable to
military health-care professionals who are
members of the national guard performing
duty while in title 32 status.
Sec. 714. Annual report on joint health care facilities of the
Department of Defense and the Department of
Veterans Affairs.
Sec. 715. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 716. Study on reimbursement for costs of health care provided to
ineligible individuals.
Sec. 717. Limitation on transfer of funds to Department of Defense-
Department of Veterans Affairs medical
facility demonstration project.
Sec. 718. Enterprise risk assessment of health information technology
programs.
Subtitle C--Other Matters
Sec. 721. Improving aural protection for members of the Armed Forces.
Sec. 722. Comprehensive policy on neurocognitive assessment by the
military health care system.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Report on feasibility of study on breast cancer among female
members of the Armed Forces.
Sec. 725. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 726. Visiting NIH Senior Neuroscience Fellowship Program.
Sec. 727. Pilot program on payment for treatment of members of the
Armed Forces and veterans for traumatic
brain injury and post-traumatic stress
disorder.
Sec. 728. Post-traumatic stress disorder counseling for civilian
victims of the Fort Hood shooting and other
similar incidents.
Sec. 729. Sense of Congress concerning the implementation of the
congressionally-mandated recommendations of
the Institute of Medicine study.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of F135 and F136 engine development and
procurement programs as major subprograms.
Sec. 803. Conforming amendments relating to inclusion of major
subprograms to major defense acquisition
programs under various acquisition-related
requirements.
Sec. 804. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid
acquisition and deployment of urgently
needed supplies.
Sec. 805. Prohibition on contracts with entities engaging in commercial
activity in the energy sector of Iran.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Extension of authority to procure certain fibers; limitation
on specification.
Sec. 812. Small arms production industrial base matters.
Sec. 813. Additional definition relating to production of specialty
metals within the United States.
Subtitle C--Studies and Reports
Sec. 821. Studies to analyze alternative models for acquisition and
funding of technologies supporting network-
centric operations.
Sec. 822. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Sec. 823. Extension of Comptroller General review and report on
contracting in Iraq and Afghanistan.
Sec. 824. Interim report on review of impact of covered subsidies on
acquisition of KC-45 aircraft.
Sec. 825. Reports on Joint Capabilities Integration and Development
System.
Subtitle D--Other Matters
Sec. 831. Extension of authority for defense acquisition challenge
program.
Sec. 832. Energy savings performance contracts.
Sec. 833. Consideration of sustainable practices in procurement of
products and services.
Sec. 834. Definition of materials critical to national security.
Sec. 835. Determination of strategic or critical rare earth materials
for defense applications.
Sec. 836. Review of national security exception to competition.
Sec. 837. Inclusion of bribery in disclosure requirements of the
Federal awardee performance and integrity
information system.
Sec. 838. Requirement for entities with facility clearances that are
not under foreign ownership control or
influence mitigation.
Sec. 839. Report related to minority-owned, women-owned, and
disadvantaged-owned small businesses.
Sec. 840. Defense industrial base priority for rare earth neodymium
iron boron magnets.
Sec. 841. Sense of Congress regarding cost savings through reductions
in waste, fraud, and abuse.
Sec. 842. Procurement of articles, materials, and supplies for use
outside the United States.
Sec. 843. Additional information on waivers under Buy American Act by
Department of Defense required to be
included in annual report.
Sec. 844. Requirement to include effects on domestic jobs in periodic
assessments of defense capability.
Sec. 845. Extension of regulations on contractors performing private
security functions.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Requirement for contracts in Iraq and Afghanistan to use
employees and not independent contractors
for private security services.
Sec. 848. Consideration of unfair competitive advantage in evaluation
of offers for KC-X aerial refueling
aircraft program.
Sec. 849. Debarment of BP and its subsidiaries.
Sec. 850. Office of Federal Procurement Policy Act amendments.
Sec. 851. Requirement to justify the use of factors other than cost or
price as the predominate factors in
evaluating competitive proposals for
defense procurement contracts.
Sec. 852. Penalties on contractors not providing information to
databases on contracts in Iraq and
Afghanistan.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 902. Realignment of the organizational structure of the Office of
the Secretary of Defense to carry out the
reduction required by law in the number of
Deputy Under Secretaries of Defense.
Sec. 903. Unified medical command.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security
for intelligence collection activities.
Sec. 922. Space and counterspace intelligence analysis.
Sec. 923. Audits of intelligence community by Government Accountability
Office.
Subtitle D--Other Matters
Sec. 931. Revisions to the board of regents for the Uniformed Services
University of the Health Sciences.
Sec. 932. Increased flexibility for Combatant Commander Initiative
Fund.
Sec. 933. Two-year extension of authorities relating to temporary
waiver of reimbursement of costs of
activities for nongovernmental personnel at
Department of Defense Regional Centers for
Security Studies.
Sec. 934. Additional requirements for quadrennial roles and missions
review in 2011.
Sec. 935. Codification of congressional notification requirement before
permanent relocation of any United States
military unit stationed outside the United
States.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal
year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies
conducting counterterrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Requirements for long-range plan for construction of naval
vessels.
Sec. 1022. Requirements for the decommissioning of naval vessels.
Sec. 1023. Requirements for the size of the Navy battle force fleet.
Sec. 1024. Retention and status of certain naval vessels.
Sec. 1025. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent
Capodanno.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station,
Guantanamo Bay, Cuba, to foreign countries
and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house
detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Sec. 1036. Fort Hood Follow-on Review Implementation Fund.
Sec. 1037. Inspector General investigation of the conduct and practices
of lawyers representing individuals
detained at Naval Station, Guantanamo Bay,
Cuba.
Sec. 1038. Prohibition on use of funds to give Miranda warnings to Al
Qaeda terrorists.
Subtitle E--Studies and Reports
Sec. 1041. Department of Defense aerospace-related mishap safety
investigation reports.
Sec. 1042. Interagency national security knowledge and skills.
Sec. 1043. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1044. Comptroller General report on previously requested reports.
Sec. 1045. Report on nuclear triad.
Sec. 1046. Cybersecurity study and report.
Sec. 1047. Study on common alignment of world regions in departments
and agencies with international
responsibilities.
Sec. 1048. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts
in support of the national defense
strategy.
Subtitle F--Other Matters
Sec. 1051. National Defense Panel.
Sec. 1052. Quadrennial defense review.
Sec. 1053. Sale of surplus military equipment to State and local
homeland security and emergency management
agencies.
Sec. 1054. Department of Defense rapid innovation program.
Sec. 1055. Technical and clerical amendments.
Sec. 1056. Budgeting for the sustainment and modernization of nuclear
delivery systems.
Sec. 1057. Limitation on nuclear force reductions.
Sec. 1058. Sense of Congress on the Nuclear Posture Review.
Sec. 1059. Strategic assessment of strategic challenges posed by
potential competitors.
Sec. 1060. Electronic access to certain classified information.
Sec. 1061. Justice for victims of torture and terrorism.
Sec. 1062. Policy regarding appropriate use of Department of Defense
resources.
Sec. 1063. Executive agent for preventing the introduction of
counterfeit microelectronics into the
defense supply chain.
Sec. 1064. Shared information regarding training exercises.
Sec. 1065. Sense of Congress regarding presidential letters of
condolence to the families of members of
the Armed Forces who have died by suicide.
Sec. 1066. Findings and sense of Congress on Obesity and Federal Child
Nutrition Programs.
Sec. 1067. Sense of Congress regarding recreational hunting and fishing
on military installations.
Sec. 1068. Sense of Congress encouraging the President to order the
United States flag to be flown over United
States military and civilian outposts in
Haiti during earthquake relief efforts.
Sec. 1069. Study on optimal balance of manned and unmanned aerial
vehicle capability.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority for the Department of Defense to approve an
alternate method of processing equal
employment opportunity complaints within
one or more component organizations under
specified circumstances.
Sec. 1102. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1103. Special rule relating to certain overtime pay.
Sec. 1104. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum age limit for certain
appointments.
Sec. 1108. Sense of Congress regarding waiver of recovery of certain
payments made under civilian employees
voluntary separation incentive program.
Sec. 1109. Suspension of DCIPS pay authority extended for a year.
Sec. 1110. Federal Internship Programs.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Modification and extension of authorities relating to
program to build the capacity of foreign
military forces.
Sec. 1204. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet
Pilot Training Program.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Commanders' Emergency Response Program.
Sec. 1213. Modification of authority for reimbursement to certain
coalition nations for support provided to
United States military operations.
Sec. 1214. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1215. Modification of reports relating to Afghanistan.
Sec. 1216. No permanent military bases in Afghanistan.
Sec. 1217. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1218. One-year extension of Pakistan Counterinsurgency Fund.
Sec. 1219. Authority to use funds to provide support to coalition
forces supporting military and stability
operations in Iraq and Afghanistan.
Sec. 1220. Requirement to provide United States brigade and equivalent
units deployed to Afghanistan with the
commensurate level of unit and theater-wide
combat enablers.
Sec. 1221. Limitation on availability of funds for elections in
Afghanistan.
Sec. 1222. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
Sec. 1223. Report on long-term costs of Operation Iraqi Freedom and
Operation Enduring Freedom.
Subtitle C--Other Matters
Sec. 1231. NATO Special Operations Coordination Center.
Sec. 1232. National Military Strategic Plan to Counter Iran.
Sec. 1233. Report on Department of Defense's plans to reform the export
control system.
Sec. 1234. Report on United States efforts to defend against threats
posed by the advanced anti-access
capabilities of potentially hostile foreign
countries.
Sec. 1235. Report on force structure changes in composition and
capabilities at military installations in
Europe.
Sec. 1236. Sense of Congress on missile defense and New Start Treaty
with Russian Federation.
Sec. 1237. Report on the strategic implications of the successful
negotiation of an incidents at sea
agreement between the United States and the
Government of Iran.
Sec. 1238. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in
Africa.
Sec. 1239. Report on certain Iraqis affiliated with the United States.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical agents and munitions destruction, defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National
Defense Stockpile.
Subtitle C--Other Matters
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Plan for funding fuel infrastructure sustainment,
restoration, and modernization
requirements.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Iron Dome short-range rocket defense program.
Sec. 1508. National Guard and Reserve equipment.
Sec. 1509. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1510. Research, development, test, and evaluation.
Sec. 1511. Operation and maintenance.
Sec. 1512. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1513. Limitations on Iraq Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Working capital funds.
Sec. 1516. Defense Health Program.
Sec. 1517. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1518. Defense Inspector General.
Sec. 1519. Continuation of prohibition on use of United States funds
for certain facilities projects in Iraq.
Sec. 1520. Availability of funds for rapid force protection in
Afghanistan.
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Sec. 1523. Report on mine resistant ambush protected vehicles.
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
Sec. 1601. Definition of Department of Defense sexual assault
prevention and response program and other
definitions.
Subtitle A--Immediate Actions to Improve Department of Defense Sexual
Assault Prevention and Response Program
Sec. 1611. Specific budgeting for Department of Defense sexual assault
prevention and response program.
Sec. 1612. Consistency in terminology, position descriptions, program
standards, and organizational structures.
Sec. 1613. Guidance for commanders.
Sec. 1614. Commander consultation with victims of sexual assault.
Sec. 1615. Oversight and evaluation.
Sec. 1616. Sexual assault reporting hotline.
Sec. 1617. Review of application of sexual assault prevention and
response program to reserve components.
Sec. 1618. Review of effectiveness of revised Uniform Code of Military
Justice offenses regarding rape, sexual
assault, and other sexual misconduct.
Sec. 1619. Training and education programs for sexual assault
prevention and response program.
Sec. 1620. Use of sexual assault forensic medical examiners.
Sec. 1621. Sexual Assault Advisory Board.
Sec. 1622. Department of Defense Sexual Assault Advisory Council.
Sec. 1623. Service-level sexual assault review boards.
Sec. 1624. Renewed emphasis on acquisition of centralized Department of
Defense sexual assault database.
Subtitle B--Sexual Assault Prevention Strategy and Annual Reporting
Requirement
Sec. 1631. Comprehensive Department of Defense sexual assault
prevention strategy.
Sec. 1632. Annual report on sexual assaults involving members of the
Armed Forces and sexual assault prevention
and response program.
Subtitle C--Amendments to Title 10
Sec. 1641. Sexual Assault Prevention and Response Office.
Sec. 1642. Sexual Assault Response Coordinators and Sexual Assault
Victim Advocates.
Sec. 1643. Sexual assault victims access to legal counsel and Victim
Advocate services.
Sec. 1644. Notification of command of outcome of court-martial
involving charges of sexual assault.
Sec. 1645. Copy of record of court-martial to victim of sexual assault
involving a member of the Armed Forces.
Sec. 1646. Medical care for victims of sexual assault.
Sec. 1647. Privilege against disclosure of certain communications with
Sexual Assault Victim Advocates.
Sec. 1648. Expedited consideration and priority for application for
consideration of a permanent change of
station or unit transfer based on
humanitarian conditions for victim of
sexual assault.
Subtitle D--Other Matters
Sec. 1661. Recruiter selection and oversight.
Sec. 1662. Availability of services under sexual assault prevention and
response program for dependents of members,
military retirees, Department of Defense
civilian employees, and defense contractor
employees.
Sec. 1663. Application of sexual assault prevention and response
program in training environments.
Sec. 1664. Application of sexual assault prevention and response
program in remote environments and joint
basing situations.
TITLE XVII--FEDERAL INFORMATION SECURITY
Subtitle A--Federal Information Security Amendments
Sec. 1701. Coordination of Federal Information Policy.
Sec. 1702. Information security acquisition requirements.
Sec. 1703. Technical and conforming amendments.
Sec. 1704. Effective date.
Subtitle B--Federal Chief Technology Officer
Sec. 1711. Office of the Chief Technology Officer.
TITLE XVIII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
Sec. 1801. Short title.
Sec. 1802. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 1803. Payments for Guam World War II claims.
Sec. 1804. Adjudication.
Sec. 1805. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 1806. 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. Effective date.
Sec. 2004. General reduction across division.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects
and authorization of appropriations.
Sec. 2102. Family housing.
Sec. 2103. Use of unobligated Army military construction funds in
conjunction with funds provided by the
Commonwealth of Virginia to carry out
certain fiscal year 2002 project.
Sec. 2104. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects
and authorization of appropriations.
Sec. 2202. Family housing.
Sec. 2203. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2204. Extension of authorization of certain fiscal year 2008
project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects and authorization of
appropriations.
Sec. 2302. Family housing.
Sec. 2303. Extension of authorization of certain fiscal year 2007
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects and authorization of
appropriations.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects and authorization of
appropriations.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects and authorization of
appropriations.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects
and authorization of appropriations.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects and authorization of
appropriations.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects and authorization of
appropriations.
Sec. 2606. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account
1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure
Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account
2005.
Subtitle B--Other Matters
Sec. 2711. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Authority to transfer proceeds from sale of military family
housing to Department of Defense Family
Housing Improvement Fund.
Sec. 2803. Enhanced authority for provision of excess contributions for
NATO Security Investment program.
Sec. 2804. Duration of authority to use Pentagon Reservation
Maintenance Revolving Fund for construction
and repairs at Pentagon Reservation.
Sec. 2805. Authority to use operation and maintenance funds for
construction projects inside the United
States Central Command area of
responsibility.
Sec. 2806. Veterans to Work pilot program for military construction
projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Repeal of expired authority to lease land for special
operations activities.
Sec. 2814. Former Naval Bombardment Area, Culebra Island, Puerto Rico.
Sec. 2815. Clarification of authority of Secretary to assist with
development of public infrastructure in
connection with the establishment or
expansion of a military installation.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Sense of Congress regarding importance of providing
community adjustment assistance to
Government of Guam.
Sec. 2822. Department of Defense assistance for community adjustments
related to realignment of military
installations and relocation of military
personnel on Guam.
Sec. 2823. Extension of term of Deputy Secretary of Defense's
leadership of Guam Oversight Council.
Sec. 2824. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2825. Report on types of facilities required to support Guam
realignment.
Sec. 2826. Report on civilian infrastructure needs for Guam.
Sec. 2827. Comptroller General report on planned replacement Naval
Hospital on Guam.
Subtitle D--Energy Security
Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Plan and implementation guidelines for achieving Department
of Defense goal regarding use of renewable
energy to meet facility energy needs.
Sec. 2833. Insulation retrofitting assessment for Department of Defense
facilities.
Subtitle E--Land Conveyances
Sec. 2841. Conveyance of personal property related to waste-to-energy
power plant serving Eielson Air Force Base,
Alaska.
Sec. 2842. Land conveyance, Whittier Petroleum, Oil, and Lubricant Tank
Farm, Whittier, Alaska.
Sec. 2843. Land conveyance, Fort Knox, Kentucky.
Sec. 2844. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2845. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic,
Michigan.
Sec. 2846. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.
Subtitle F--Other Matters
Sec. 2851. Requirements related to providing world class military
medical facilities.
Sec. 2852. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Subtitle A--Fiscal Year 2010 Projects
Sec. 2901. Authorized Army construction and land acquisition projects
and authorization of appropriations.
Sec. 2902. Authorized Air Force construction and land acquisition
projects and authorization of
appropriations.
Subtitle B--Fiscal Year 2011 Projects
Sec. 2911. Authorized Army construction and land acquisition projects
and authorization of appropriations.
Sec. 2912. Authorized Air Force construction and land acquisition
projects and authorization of
appropriations.
Sec. 2913. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of
Appropriations.
Sec. 2914. Construction authorization for Department of Defense
facilities in a foreign country.
Subtitle C--Other Matters
Sec. 2921. Notification of obligation of funds and quarterly reports.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Extension of authority relating to the International
Materials Protection, Control, and
Accounting Program of the Department of
Energy.
Sec. 3112. Energy parks initiative.
Sec. 3113. Establishment of technology transfer centers.
Sec. 3114. Aircraft procurement.
Sec. 3115. Enhancing private-sector employment through technology
transfer activities.
Subtitle C--Reports
Sec. 3121. Comptroller General report on NNSA biennial complex
modernization strategy.
Sec. 3122. Report on graded security protection policy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security
aspects of the merchant marine for fiscal
year 2011.
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Administrative expenses for Port of Guam Improvement
Enterprise Program.
Sec. 3505. Vessel loan guarantees: procedures for traditional and
nontraditional applications.
DIVISION D--IMPLEMENTING MANAGEMENT FOR PERFORMANCE AND RELATED REFORMS
TO OBTAIN VALUE IN EVERY ACQUISITION ACT
Sec. 100A. Short title.
Sec. 100B. Definition of congressional defense committees.
TITLE I--DEFENSE ACQUISITION SYSTEM
Sec. 101. Performance management of the defense acquisition system.
Sec. 102. Meaningful consideration by Joint Requirements Oversight
Council of input from certain officials.
Sec. 103. Performance management for the Joint Capabilities Integration
and Development System.
Sec. 104. Requirements for the acquisition of services.
Sec. 105. Joint evaluation task forces.
Sec. 106. Review of defense acquisition guidance.
Sec. 107. Requirement to include references to services acquisition
throughout the Federal Acquisition
Regulation.
Sec. 108. Procurement of military purpose nondevelopmental items.
TITLE II--DEFENSE ACQUISITION WORKFORCE
Sec. 201. Acquisition workforce excellence.
Sec. 202. Amendments to the acquisition workforce demonstration
project.
Sec. 203. Incentive programs for civilian and military personnel in the
acquisition workforce.
Sec. 204. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 205. Recertification and training requirements.
Sec. 206. Information technology acquisition workforce.
Sec. 207. Definition of acquisition workforce.
Sec. 208. Defense Acquisition University curriculum review.
Sec. 209. Cost estimating internship and scholarship programs.
Sec. 210. Prohibition on personal services contracts for senior
mentors.
TITLE III--FINANCIAL MANAGEMENT
Sec. 301. Incentives for achieving auditability.
Sec. 302. Measures required after failure to achieve auditability.
Sec. 303. Review of obligation and expenditure thresholds.
Sec. 304. Disclosure and traceability of the cost of Department of
Defense health care contracts.
TITLE IV--INDUSTRIAL BASE
Sec. 401. Expansion of the industrial base.
Sec. 402. Commercial pricing analysis.
Sec. 403. Contractor and grantee disclosure of delinquent Federal tax
debts.
Sec. 404. Independence of contract audits and business system reviews.
Sec. 405. Blue ribbon panel on eliminating barriers to contracting with
the Department of Defense.
Sec. 406. Inclusion of the providers of services and information
technology in the national technology and
industrial base.
Sec. 407. Construction of Act on competition requirements for the
acquisition of services.
Sec. 408. Acquisition Savings Program.
Sec. 409. Sense of Congress regarding compliance with the Berry
Amendment, the Buy American Act, and labor
standards of the United States.
Sec. 410. Industrial Base Council and Fund.
TITLE V--OTHER MATTERS
Sec. 501. Clothing allowance requirement.
Sec. 502. Requirement that cost or price to the Federal Government be
given at least equal importance as
technical or other criteria in evaluating
competitive proposals for defense
contracts.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO OPERATION IRAQI
FREEDOM.
Any law or regulation applicable to Operation Iraqi Freedom shall
apply in the same manner and to the same extent to the successor
contingency operation known as Operation New Dawn, except as
specifically provided in this Act, any amendment made by this Act, or
any other law enacted after the date of the enactment of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Army as follows:
(1) For aircraft, $5,986,361,000.
(2) For missiles, $1,631,463,000.
(3) For weapons and tracked combat vehicles,
$1,616,245,000.
(4) For ammunition, $1,946,948,000.
(5) For other procurement, $9,398,728,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2011 for procurement for the Navy as follows:
(1) For aircraft, $19,132,613,000.
(2) For weapons, including missiles and torpedoes,
$3,350,894,000.
(3) For shipbuilding and conversion, $15,724,520,000.
(4) For other procurement, $6,450,208,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2011 for procurement for the Marine Corps in the amount
of $1,379,044,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2011 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $817,991,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Air Force as follows:
(1) For aircraft, $15,355,908,000.
(2) For ammunition, $672,420,000.
(3) For missiles, $5,470,772,000.
(4) For other procurement, $17,911,730,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2011
for Defense-wide procurement in the amount of $4,399,768,000.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE COMBAT TEAM INCREMENT
ONE EQUIPMENT.
(a) Limitation on Production Quantities.--Except as provided in
subsection (c), the Secretary of Defense may not procure more than two
brigade sets of early-infantry brigade combat team increment one
equipment (in this section referred to as a ``brigade set'').
(b) Applicability to Long-lead Production Items.--The limitation in
subsection (a) includes procurement of a long-lead item for an element
of a brigade set beyond the two brigade sets authorized under such
subsection.
(c) Waiver.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics may waive the limitation in subsection (a)
if--
(1) the Under Secretary submits to Congress written
certification that--
(A) the initial operational test and evaluation of
the brigade set has been completed;
(B) the Director of Operational Test and Evaluation
has submitted to Congress a report describing the
results of the initial operational test and evaluation
(as described in section 2399(b) of title 10, United
States Code) and the comparative test of the brigade
set;
(C) all of the subsystems tested in the initial
operational test and evaluation were tested in the
intended production configuration; and
(D) all radios planned for fielding with the
brigade set have received the appropriate National
Security Agency approvals, as determined by the Under
Secretary; and
(2) a period of 30 days has elapsed after the date on which
the certification under paragraph (1) is received.
(d) Exception for Meeting Operational Need Statement
Requirements.--The limitation in subsection (a) does not apply to the
procurement of individual components of the brigade set if the
procurement of such components is specifically intended to address an
operational need statement requirement (as described in Army Regulation
71-9 or a successor regulation).
SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK PLANS AND PROGRAMS.
(a) Report Required.--Not later than March 1, 2011, the Secretary
of the Army shall submit to the congressional defense committees a
report on plans for fielding tactical communications network equipment.
Such report shall include--
(1) an explanation of the current communications
architecture of every level of the Army;
(2) an explanation of the future communications
architecture of every level of the Army;
(3) the quantities and types of new equipment that the
Secretary plans to procure in the 5-year period following the
date on which the report is submitted in order to develop the
architecture described in paragraph (2);
(4) a list of the equipment described in paragraph (3) that
is included in the budget of the President for fiscal year 2012
(as submitted to Congress pursuant to section 1105 of title 31,
United States Code); and
(5) for each item included in the list of equipment
described in paragraph (3)--
(A) an updated average procurement unit cost for
each year of the covered 5-year period; and
(B) the updated total Army acquisition objective.
(b) Limitation on Obligation of Funds.--Except as provided in
subsection (c), of the funds authorized to be appropriated by this or
any other Act for fiscal year 2011 for procurement, Army, for tactical
radios or tactical communications network equipment, not more than 50
percent may be obligated or expended until the date that is 15 days
after the date on which the report is submitted under subsection (a).
(c) Exception for Meeting Operational Need Statement
Requirements.--The limitation in subsection (b) does not apply to the
procurement of tactical radio or tactical communications network
equipment if the procurement of such equipment is specifically intended
to address an operational need statement requirement (as described in
Army Regulation 71-9 or a successor regulation).
(d) Tactical Communications Network Equipment Defined.--In this
section, the term ``tactical communications network equipment'' means
all electronic communications systems operated by a tactical unit (of
brigade size or smaller) of the Army.
SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL TRACTORS.
(a) Limitation.--None of the funds authorized to be appropriated by
section 101(5) for other procurement, Army, may be obligated or
expended by the Secretary of the Army for line-haul tractors unless the
source selection is made based on a full and open competition.
(b) Waiver.--The Secretary of the Army may waive the limitation
under subsection (a) if the Secretary certifies to the congressional
defense committees by not later than 90 days after the date of the
enactment of this Act that a sole source selection--
(1) is needed to fulfill mission requirements; or
(2) is more cost effective than a full and open
competition.
Subtitle C--Navy Programs
SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF LARGE NAVAL VESSELS.
(a) Incremental Funding of Large Naval Vessels.--Except as provided
in subsection (b), the Secretary of the Navy may use incremental
funding for the procurement of a large naval vessel over a period not
to exceed the number of years equal to three-fourths of the total
period of planned ship construction of such vessel.
(b) LPD 26.--With respect to the vessel designated LPD 26, the
Secretary may use incremental funding for the procurement of such
vessel through fiscal year 2012 if the Secretary determines that such
incremental funding--
(1) is in the best interest of the overall shipbuilding
efforts of the Navy;
(2) is needed to provide the Secretary with the ability to
facilitate changes to the shipbuilding industrial base of the
Navy; and
(3) will provide the Secretary with the ability to award a
contract for construction of the vessel that provides the best
value to the United States.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) or (b) shall provide that any obligation of
the United States to make a payment under the contract for a fiscal
year after the fiscal year the vessel was authorized is subject to the
availability of appropriations for that purpose for that later fiscal
year.
(d) Definitions.--In this section:
(1) The term ``large naval vessel'' means a vessel--
(A) that is--
(i) an aircraft carrier designated a CVN;
(ii) an amphibious assault ship designated
LPD, LHA, LHD, or LSD; or
(iii) an auxiliary vessel; and
(B) that has a light ship displacement of 17,000
tons or more.
(2) The term ``total period of planned ship construction''
means the period of years beginning on the date of the first
authorization of funding (not including funding requested for
advance procurement) and ending on the date that is projected
on the date of the first authorization of funding to be the
delivery date of the vessel to the Navy.
SEC. 122. MULTIYEAR PROCUREMENT OF F/A-18E, F/A-18F, AND EA-18G
AIRCRAFT.
(a) Multiyear Procurement.--
(1) Additional authority.--Section 128 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2217) is amended by adding at the end the
following new subsections:
``(e) Updated Report.--With respect to a multiyear contract entered
into under subsection (a), the Secretary of Defense may submit to the
congressional defense committees an update to the report under section
2306b(l)(4) of title 10, United States Code, by not later than
September 1, 2010.
``(f) Required Authority.--Notwithstanding any other provision of
law, with respect to a multiyear contract entered into under subsection
(a), this section shall be deemed to meet the requirements under
subsection (i)(3) and (l)(3) of section 2306b of title 10, United
States Code.
``(g) Exception to Certain Requirement.--Section 8008(b) of the
Department of Defense Appropriations Act, 1998 (Public Law 105-56; 10
U.S.C. 2306b note) shall not apply to a multiyear contract entered into
under subsection (a).
``(h) Use of Funds.--
``(1) Procurement.--In accordance with paragraph (2), the
Secretary of Defense shall ensure that all funds authorized to
be appropriated for the advance procurement or procurement of
F/A-18E, F/A-18F, or EA-18G aircraft under this section are
obligated or expended for such purpose.
``(2) Use of excess funds.--The Secretary of Defense shall
ensure that any excess funds are obligated or expended for the
advance procurement or procurement of F/A-18E or F/A-18F
aircraft under this section, regardless of whether such
aircraft are in addition to the 515 F/A-18E and F/A-18F
aircraft planned by the Secretary of the Navy.
``(3) Excess funds defined.--In this subsection, the term
`excess funds', with respect to funds available for the advance
procurement or procurement of F/A-18E, F/A-18F, or EA-18G
aircraft under this section, means the amount of funds that is
equal to the difference of--
``(A) the sum of--
``(i) the funds authorized to be
appropriated by this Act or otherwise available
for fiscal year 2010 for the advance
procurement and procurement of F/A-18E, F/A-
18F, or EA-18G aircraft; and
``(ii) the funding levels for the advance
procurement and procurement of such aircraft
for fiscal years 2011 through 2013 proposed by
the Secretary of Defense in the future-years
defense program for fiscal year 2011 submitted
under section 221 of title 10, United States
Code; and
``(B) the funds required to execute the multiyear
contracts for the advance procurement and procurement
of such aircraft under this section.''.
(2) Extension of certification.--Paragraph (2) of
subsection (a) of such section is amended by striking ``a
reference to March'' and inserting ``a reference to
September''.
(b) Full Funding Certification.--Paragraph (1) of section 8011 of
the Department of Defense Appropriations Act, 2010 (Public Law 111-118;
10 U.S.C. 2306b note) is amended by inserting after ``within 30 days of
enactment of this Act'' the following: ``(or in the case of a multiyear
contract for the procurement of F/A-18E, F/A-18F, or EA-18G aircraft,
by the date that is not less than 30 days prior to the contract
award)''.
SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.
(a) Report.--Not later than March 1, 2011, the Secretary of the
Navy, in coordination with the Chief of Naval Operations, shall submit
to the congressional defense committees a report on the requirements of
the major combatant surface vessels with respect to missile defense.
(b) Matters Included.--The report shall include the following:
(1) An analysis of whether the requirement for sea-based
missile defense can be accommodated by upgrading Aegis ships
that exist as of the date of the report or by procuring
additional combatant surface vessels.
(2) Whether such sea-based missile defense will require
increasing the overall number of combatant surface vessels
beyond the requirement of 88 cruisers and destroyers in the
313-ship fleet plan of the Navy.
(3) The number of Aegis ships needed by each combatant
commander to fulfill ballistic missile defense requirements,
including (in consultation with the Chairman of the Joints
Chiefs of Staff) the number of such ships needed to support the
phased, adaptive approach to ballistic missile defense in
Europe.
(4) A discussion of the potential effect of ballistic
missile defense operations on the ability of the Navy to meet
surface fleet demands in each geographic area and for each
mission set.
(5) An evaluation of how the Aegis ballistic missile
defense program can succeed as part of a balanced fleet of
adequate size and strength to meet the security needs of the
United States.
(6) A description of both the shortfalls and the benefits
of expected technological advancements in the sea-based missile
defense program.
(7) A description of the anticipated plan for deployment of
Aegis ballistic missile ships within the context of the fleet
response plan.
Subtitle D--Air Force Programs
SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 FIGHTER
AIRCRAFT.
Subsection (b) of section 133 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.2219) is amended
by striking ``2010'' and inserting ``2011''.
Subtitle E--Joint and Multiservice Matters
SEC. 141. LIMITATION ON PROCUREMENT OF F-35 LIGHTNING II AIRCRAFT.
(a) Limitation.--Except as provided in subsection (c), of the
amounts authorized to be appropriated by this Act or otherwise made
available for fiscal year 2011 for aircraft procurement, Air Force, and
aircraft procurement, Navy, for F-35 Lightning II aircraft, not more
than an amount necessary for the procurement of 30 such aircraft may be
obligated or expended unless--
(1) the certifications under subsection (b) are received by
the congressional defense committees on or before January 15,
2011; and
(2) a period of 15 days has elapsed after the date of such
receipt.
(b) Certifications.--Not later than January 15, 2011--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall certify in writing to the
congressional defense committees that--
(A) each of the 11 scheduled system development and
demonstration aircraft planned in the schedule for
delivery during 2010 has been delivered to the
designated test location;
(B) the initial service release has been granted
for the F135 engine designated for the short take-off
and vertical landing variant;
(C) facility configuration and industrial tooling
capability and capacity is sufficient to support
production of at least 42 F-35 aircraft for fiscal year
2011;
(D) block 1.0 software has been released and is in
flight test;
(E) the Secretary of Defense has--
(i) determined that two F-35 aircraft from
low-rate initial production 1 have met
established criteria for acceptance; and
(ii) accepted such aircraft for delivery;
and
(F) advance procurement funds appropriated for the
advance procurement of F136 engines for fiscal years
2009 and 2010 have either been obligated or the
Secretary of Defense has submitted a reprogramming
action to the congressional defense committees that
would reprogram such funds to meet other F136
development requirements; and
(2) the Director of Operational Test and Evaluation shall
certify in writing to the congressional defense committees
that--
(A) the F-35C aircraft designated as CF-1 has
effectively accomplished its first flight;
(B) the 394 F-35 aircraft test flights planned in
the schedule to occur during 2010 have been completed
with sufficient results;
(C) 95 percent of the 3,772 flight test points
planned for completion in 2010 were accomplished;
(D) the conventional take-off and land variant low
observable signature flight test has been conducted and
the results of such test have met or exceeded threshold
key performance parameters;
(E) six F136 engines have been made available for
testing; and
(F) not less than 1,000 test hours have been
completed in the F136 system development and
demonstration program.
(c) Waiver.--After January 15, 2011, the Secretary of Defense may
waive the limitation in subsection (a) if each of the following occurs:
(1) The written certification described in subsection
(b)(1) is submitted by the Under Secretary of Defense for
Acquisition, Technology, and Logistics not later than January
15, 2011.
(2) The Under Secretary of Defense for Acquisition,
Technology, and Logistics certifies in writing to the
congressional defense committees that the failure to fully
achieve the milestones described in subsection (b)(2) will
not--
(A) delay or otherwise negatively affect the F-35
aircraft test schedule for fiscal year 2011;
(B) impede production of 42 F-35 aircraft in such
fiscal year; and
(C) otherwise increase risk to the F-35 aircraft
program.
(3) A period of 30 days has elapsed after the date on which
the certification under paragraph (2) is submitted to the
congressional defense committees.
(d) Schedule Defined.--In this section, the term ``schedule'' means
the F-35 Lightning II program update schedule received by the
congressional defense committees on March 15, 2010.
SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.
(a) General Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2011 for
biometrics programs and operations, not more than 85 percent may be
obligated or expended until--
(1) the Secretary of Defense submits to the congressional
defense committees a report on the actions taken--
(A) to implement subparagraphs (A) through (F) of
paragraph (16) of the National Security Presidential
Directive dated June 5, 2008 (NSPD-59);
(B) to implement the recommendations of the
Comptroller General of the United States included in
the report of the Comptroller General numbered GAO-08-
1065 dated September 2008;
(C) to implement the recommendations of the
Comptroller General included in the report of the
Comptroller General numbered GAO-09-49 dated October
2008;
(D) to fully and completely characterize the
current biometrics architecture and establish the
objective architecture for the Department of Defense;
(E) to ensure that an official of the Office of the
Secretary of Defense has the authority necessary to be
responsible for ensuring that all funding for
biometrics programs and operations is programmed,
budgeted, and executed; and
(F) to ensure that an officer within the Office of
the Joint Chiefs of Staff has the authority necessary
to be responsible for ensuring the development and
implementation of common and interoperable standards
for the collection, storage, and use of biometrics data
by all combatant commanders and their commands; and
(2) a period of 30 days has elapsed after the date on which
the report is submitted under paragraph (1).
(b) Specific Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2011 for biometrics programs and operations may be obligated or
expended unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics (acting through the Director of Defense
Biometrics) approves such obligation or expenditure in writing.
SEC. 143. COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES DATABASE.
(a) Comprehensive Database.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Joint Improvised Explosive Device Defeat
Organization, shall develop and maintain a comprehensive
database containing appropriate information for coordinating,
tracking, and archiving each counter-improvised explosive
device initiative within the Department of Defense. The
database shall, at a minimum, ensure the visibility of each
counter-improvised explosive device initiative.
(2) Use of information.--Using information contained in the
database developed under paragraph (1), the Secretary, acting
through the Director of the Joint Improvised Explosive Device
Defeat Organization, shall--
(A) identify and eliminate redundant counter-
improvised explosive device initiatives;
(B) facilitate the transition of counter-improvised
explosive device initiatives from funding under the
Joint Improvised Explosive Device Defeat Fund to
funding provided by the military departments; and
(C) notify the appropriate personnel and
organizations prior to a counter-improvised explosive
device initiative being funded through the Joint
Improvised Explosive Device Defeat Fund.
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall ensure that the Secretary of each military
department coordinates and collaborates on development of the
database to ensure its interoperability, completeness,
consistency, and effectiveness.
(b) Metrics.--The Secretary of Defense, acting through the Director
of the Joint Improvised Explosive Device Defeat Organization, shall--
(1) develop appropriate means to measure the effectiveness
of counter-improvised explosive device initiatives; and
(2) prioritize the funding of such initiatives according to
such means.
(c) Elimination of Prior Notice Requirement.--Subsection (c) of
section 1514 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4649), is further amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
(d) Counter-improvised Explosive Device Initiative Defined.--In
this section, the term ``counter-improvised explosive device
initiative'' means any project, program, or research activity funded by
any component of the Department of Defense that is intended to assist
or support efforts to counter, combat, or defeat the use of improvised
explosive devices.
SEC. 144. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.
(a) Study Required.--The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
conduct a study to--
(1) assess the effectiveness of the processes used by the
Secretary to identify and examine the requirements for lighter
weight body armor systems; and
(2) determine ways in which the Secretary may more
effectively address the research, development, and procurement
requirements regarding reducing the weight of body armor.
(b) Matters Covered.--The study conducted under subsection (a)
shall include findings and recommendations regarding the following:
(1) The requirement for lighter weight body armor and
personal protective equipment and the ability of the Secretary
to meet such requirement.
(2) Innovative design ideas for more modular body armor
that allow for scalable protection levels for various missions
and threats.
(3) The need for research, development, and acquisition
funding dedicated specifically for reducing the weight of body
armor.
(4) The efficiency and effectiveness of current body armor
funding procedures and processes.
(5) Industry concerns, capabilities, and willingness to
invest in the development and production of lightweight body
armor initiatives.
(6) Barriers preventing the development of lighter weight
body armor (including such barriers with respect to technical,
institutional, or financial problems).
(7) Changes to procedures or policy with respect to
lightweight body armor.
(8) Other areas of concern not previously addressed by
equipping boards, body armor producers, or program managers.
(c) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study conducted under
subsection (a).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,316,754,000.
(2) For the Navy, $17,978,646,000.
(3) For the Air Force, $27,269,902,000.
(4) For Defense-wide activities, $20,908,006,000, of which
$194,910,000 is authorized for the Director of Operational Test
and Evaluation.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT PROGRAM OF THE OHIO-CLASS
BALLISTIC MISSILE SUBMARINE.
(a) Findings.--Congress makes the following findings:
(1) The sea-based strategic deterrence provided by the
ballistic missile submarine force of the Navy has been
essential to the national security of the United States since
the deployment of the first ballistic missile submarine, the
USS George Washington SSBN 598, in 1960.
(2) Since 1960, a total of 59 submarines have served the
United States to provide the sea-based strategic deterrence.
(3) As of the date of the enactment of this Act, the sea-
based strategic deterrence is provided by the tremendous
capability of the 14 ships of the Ohio-class submarine force,
which have been the primary sea-based deterrent force for more
than two decades.
(4) Ballistic missile submarines are the most survivable
asset in the arsenal of the United States in the event of a
surprise nuclear attack on the country because, being submerged
for months at a time, these submarines are virtually
undetectable to any adversary and therefore invulnerable to
attack, thus providing the submarines with the ability to
respond with significant force against any adversary who
attacks the United States or its allies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) as Ohio-class submarines reach the end of their service
life and are retired, the United States must maintain the
robust sea-based strategic deterrent force that has the ability
to remain undetected by potential adversaries and must have the
capability to deliver a retaliatory strike of such magnitude
that no rational actor would dare attack the United States;
(2) the Secretary of Defense should conduct a comprehensive
analysis of the alternative capabilities to provide the sea-
based strategic deterrence that includes consideration of
different types and sizes of submarines, different types and
sizes of missile systems, the number of submarines necessary to
provide such deterrence, and the cost of each alternative; and
(3) prior to requesting more than $1,000,000,000 in
research and development funding to develop a replacement for
the Ohio-class ballistic missile submarine force in advance of
a Milestone A decision, the Secretary of Defense should have
made available to Congress the guidance issued by the Director
of Cost Assessment and Performance Evaluation with respect to
the analysis of alternative capabilities and the results of
such analysis.
(c) Limitation.--
(1) Report.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2011 for
research and development for the Navy, not more than 50 percent
may be obligated or expended to research or develop a submarine
as a replacement for the Ohio-class ballistic missile submarine
force unless--
(A) the Secretary of Defense submits to the
congressional defense committees a report including--
(i) guidance issued by the Director of Cost
Assessment and Performance Evaluation with
respect to the analysis of alternative
capabilities to provide the sea-based strategic
deterrence currently provided by the Ohio-class
ballistic missile submarine force and any other
guidance relating to requirements for such
alternatives intended to affect the analysis;
(ii) an analysis of the alternative
capabilities considered by the Secretary to
continue the sea-based strategic deterrence
currently provided by the Ohio-class ballistic
missile submarine force, including--
(I) the cost estimates for each
alternative capability;
(II) the operational challenges and
benefits associated with each
alternative capability; and
(III) the time needed to develop
and deploy each alternative capability;
and
(iii) detailed reasoning associated with
the decision to replace the capability of sea-
based deterrence provided by the Ohio-class
ballistic missile submarine force with an
alternative capability designed to carry the
Trident II D5 missile; and
(B) a period of 30 days has elapsed after the date
on which the report under subparagraph (A) is
submitted.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 212. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 LIGHTNING II
AIRCRAFT PROGRAM.
Of the amounts authorized to be appropriated by this Act or
otherwise made available for fiscal year 2011 for research,
development, test, and evaluation for the F-35 Lightning II aircraft
program, not more than 75 percent may be obligated until the date that
is 15 days after the date on which the Under Secretary of Defense for
Acquisition, Technology, and Logistics submits to the congressional
defense committees certification in writing that all funds made
available for fiscal year 2011 for the continued development and
procurement of a competitive propulsion system for the F-35 Lightning
II aircraft have been obligated.
SEC. 213. INCLUSION IN ANNUAL BUDGET REQUEST AND FUTURE-YEARS DEFENSE
PROGRAM OF SUFFICIENT AMOUNTS FOR CONTINUED DEVELOPMENT
AND PROCUREMENT OF COMPETITIVE PROPULSION SYSTEM FOR F-35
LIGHTNING II AIRCRAFT.
(a) Annual Budget.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 236. Budgeting for competitive propulsion system for F-35
Lightning II aircraft
``(a) Annual Budget.--Effective for the budget for fiscal year 2012
and each fiscal year thereafter, the Secretary of Defense shall include
in the defense budget materials a request for such amounts as are
necessary for the full funding of the continued development and
procurement of a competitive propulsion system for the F-35 Lightning
II aircraft.
``(b) Future-years Defense Program.--In each future-years defense
program submitted to Congress under section 221 of this title, the
Secretary of Defense shall ensure that the estimated expenditures and
proposed appropriations for the F-35 Lightning II aircraft, for each
fiscal year of the period covered by that program, include sufficient
amounts for the full funding of the continued development and
procurement of a competitive propulsion system for the F-35 Lightning
II aircraft.
``(c) Requirement to Obligate and Expend Funds.--Of the amounts
authorized to be appropriated for fiscal year 2011 or any fiscal year
thereafter, for research, development, test, and evaluation and
procurement for the F-35 Lightning II aircraft program, the Secretary
of Defense shall ensure the obligation and expenditure in each such
fiscal year of sufficient annual amounts for the continued development
and procurement of two options for the propulsion system for the F-35
Lightning II aircraft in order to ensure the development and
competitive production for the propulsion system for such aircraft.
``(d) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by at the end the following new item:
``236. Budgeting for competitive propulsion system for F-35 Lightning
II aircraft.''.
(c) Conforming Repeal.--Section 213 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is
repealed.
SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND
DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE.
In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for fiscal
year 2012, and each subsequent fiscal year, the Secretary shall ensure
that within each research, development, test, and evaluation account of
the Army and the Navy a separate, dedicated program element is assigned
to the Joint Light Tactical Vehicle.
Subtitle C--Missile Defense Programs
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSES IN
EUROPE.
(a) Limitation on Construction and Deployment of Systems.--No funds
authorized to be appropriated by this Act or otherwise made available
for the Department of Defense for fiscal year 2011 or any fiscal year
thereafter may be obligated or expended for site activation,
construction, preparation of equipment for, or deployment of a medium-
range or long-range missile defense system in Europe until--
(1) any nation agreeing to host such system has signed and
ratified a missile defense basing agreement and a status of
forces agreement; and
(2) a period of 45 days has elapsed following the date on
which the Secretary of Defense submits to the congressional
defense committees the report on the independent assessment of
alternative missile defense systems in Europe required by
section 235(c)(2) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2235).
(b) Limitation on Procurement or Deployment of Interceptors.--No
funds authorized to be appropriated by this Act or otherwise made
available for the Department of Defense for fiscal year 2011 or any
fiscal year thereafter may be obligated or expended for the procurement
(other than initial long-lead procurement) or deployment of operational
missiles of a medium-range or long-range missile defense system in
Europe until the Secretary of Defense, after receiving the views of the
Director of Operational Test and Evaluation, submits to the
congressional defense committees a report certifying that the proposed
interceptor to be deployed as part of such missile defense system has
demonstrated, through successful, operationally realistic flight
testing, a high probability of working in an operationally effective
manner and that such missile defense system has the ability to
accomplish the mission.
(c) Conforming Repeal.--Section 234 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat.
2234) is repealed.
SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE DEFENSE
AGENCY WITH FOREIGN ENTITIES.
Section 222 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431
note) is repealed.
SEC. 223. PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE IN EUROPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the new phased, adaptive approach to missile defense in
Europe, announced by the President on September 17, 2009,
should be supported by sound analysis, program plans,
schedules, and technologies that are credible;
(2) the cost, performance, and risk of such approach to
missile defense should be well understood; and
(3) Congress should have access to information regarding
the analyses, plans, schedules, technologies, cost,
performance, and risk of such approach to missile defense in
order to conduct effective oversight.
(b) Report Required.--
(1) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the phased,
adaptive approach to missile defense in Europe.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A discussion of the analyses conducted by the
Secretary of Defense preceding the announcement of the
phased, adaptive Approach to missile defense in Europe
on September 17, 2009, including--
(i) a description of any alternatives
considered;
(ii) the criteria used to analyze each such
alternative; and
(iii) the result of each analysis,
including a description of the criteria used to
judge each alternative.
(B) A discussion of any independent assessments or
reviews of alternative approaches to missile defense in
Europe considered by the Secretary in support of the
announcement of the phased, adaptive approach to
missile defense in Europe on September 17, 2009.
(C) A description of the architecture for each of
the four phases of the phased, adaptive approach to
missile defense in Europe, including--
(i) the composition, basing locations, and
quantities of ballistic missile defense assets,
including ships, batteries, interceptors,
radars and other sensors, and command and
control nodes;
(ii) program schedules and site-specific
schedules with task activities, test plans, and
knowledge and decision points;
(iii) technology maturity levels of missile
defense assets and plans for retiring technical
risks;
(iv) planned performance of missile defense
assets and defended area coverage, including
sensitivity analysis to various basing
scenarios and varying threat capabilities
(including simple and complex threats, liquid
and solid-fueled ballistic missiles, and
varying raid sizes);
(v) operational concepts and how such
operational concepts effect force structure and
inventory requirements;
(vi) total cost estimates and funding
profiles, by year, for acquisition, fielding,
and operations and support; and
(vii) acquisition strategies.
(3) GAO.--The Comptroller General of the United States
shall submit to the congressional defense committees a report
assessing the report under paragraph (1) pursuant to section
232(g) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note).
(c) Limitation on Funds.--Of the amounts authorized to be
appropriated by section 301(5) for operation and maintenance, Defense-
wide, for the Office of the Secretary of Defense, not more than 95
percent of such amounts may be obligated or expended until the date on
which the report required under subsection (b)(1) is submitted to the
congressional defense committees.
SEC. 224. HOMELAND DEFENSE HEDGING POLICY.
(a) Findings.--Congress finds the following:
(1) As noted by the Director of National Intelligence,
testifying before the Senate Select Committee on Intelligence
on February 2, 2010, ``the Iranian regime continues to flout UN
Security Council restrictions on its nuclear program. . .we
judge Iran would likely choose missile delivery as its
preferred method of delivering a nuclear weapon. Iran already
has the largest inventory of ballistic missiles in the Middle
East and it continues to expand the scale, reach, and
sophistication of its ballistic missile forces--many of which
are inherently capable of carrying a nuclear payload.''.
(2) The Unclassified Report on Military Power of Iran,
dated April 2010, states that, ``with sufficient foreign
assistance, Iran could probably develop and test an
intercontinental ballistic missile (ICBM) capable of reaching
the United States by 2015. Iran could also have an
intermediate-range ballistic missile (IRBM) capable of
threatening Europe.''.
(3) Under phase 3 of the phased, adaptive approach for
missile defense in Europe (scheduled for 2018), the United
States plans to deploy the standard missile-3 block IIA
interceptor at sea- and land-based sites in addition to
existing missile defense systems to provide coverage for all
NATO allies in Europe against medium- and intermediate-range
ballistic missiles.
(4) Under phase 4 of the phased, adaptive approach for
missile defense in Europe (scheduled for 2020), the United
States plans to deploy the standard missile-3 block IIB
interceptor to provide additional coverage of the United States
against a potential intercontinental ballistic missile launched
from the Middle East in the 2020 time frame.
(5) According to the February 2010 Ballistic Missile
Defense Review, the United States will continue the development
and assessment of a two-stage ground-based interceptor as part
of a hedging strategy and, as further noted by the Under
Secretary of Defense for Policy during testimony before the
Committee on Armed Services of the House of Representatives on
October 1, 2009, ``we keep the development of the two-stage
[ground-based interceptor] on the books as a hedge in case
things come earlier, in case there's any kind of technological
challenge with the later models of the [standard missile-3].''.
(b) Policy.--It shall be the policy of the United States to--
(1) field missile defense systems in Europe that--
(A) provide protection against medium- and
intermediate-range ballistic missile threats consistent
with NATO policy and the phased, adapted approach for
missile defense announced on September 17, 2009; and
(B) have been confirmed to perform the assigned
mission after successful, operationally realistic
testing;
(2) field missile defenses to protect the territory of the
United States pursuant to the National Missile Defense Act of
1999 (Public Law 106-38; 10 U.S.C. 2431 note) and to test those
systems in an operationally realistic manner;
(3) ensure that the standard missile-3 block IIA
interceptor planned for phase 3 of the phased, adaptive
approach for missile defense is capable of addressing
intermediate-range ballistic missiles launched from the Middle
East and the standard missile-3 block IIB interceptor planned
for phase 4 of such approach is capable of addressing
intercontinental ballistic missiles launched from the Middle
East; and
(4) continue the development and testing of the two-stage
ground-based interceptor to maintain it--
(A) as a means of protection in the event that--
(i) the intermediate-range ballistic
missile threat to NATO allies in Europe
materializes before the availability of the
standard missile-3 block IIA interceptor;
(ii) the intercontinental ballistic missile
threat to the United States that cannot be
countered with the existing ground-based
missile defense system materializes before the
availability of the standard missile-3 block
IIB interceptor; or
(iii) technical challenges or schedule
delays affect the standard missile-3 block IIA
interceptor or the standard missile-3 block IIB
interceptor; and
(B) as a complement to the missile defense
capabilities deployed in Alaska and California for the
defense of the United States.
SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR DEFENSE OF THE
HOMELAND AGAINST THE THREAT OF BALLISTIC MISSILES.
(a) Finding.--Congress finds that section 2 of the National Missile
Defense Act of 1999 (Public Law 106-38; 10 U.S.C. 2431 note) states
that it is the policy of the United States to deploy as soon as is
technologically possible an effective National Missile Defense system
capable of defending the territory of the United States against limited
ballistic missile attack (whether accidental, unauthorized, or
deliberate) with funding subject to the annual authorization of
appropriations and the annual appropriation of funds for National
Missile Defense.
(b) Assessment.--The Secretary of Defense shall contract with an
independent entity to conduct an assessment of the plans of the
Secretary for defending the territory of the United States against the
threat of attack by ballistic missiles, including electromagnetic pulse
attacks, as such plans are described in the Ballistic Missile Defense
Review submitted to Congress on February 1, 2010, and the report
submitted to Congress under section 232 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2232).
(c) Elements.--The assessment required by subsection (b) shall
include an assessment of the following:
(1) The ballistic missile threat, including electromagnetic
pulse attacks, against which the homeland defense elements are
intended to defend, including mobile or fixed threats that
might arise from non-state actors and accidental or
unauthorized launches.
(2) The military requirements for defending the territory
of the United States against such missile threats.
(3) The capabilities of the missile defense elements
available to defend the territory of the United States as of
the date of the assessment.
(4) The planned capabilities of the homeland defense
elements, if different from the capabilities under paragraph
(3).
(5) The force structure and inventory levels necessary to
achieve the planned capabilities of the elements described in
paragraphs (3) and (4).
(6) The infrastructure necessary to achieve such
capabilities, including the number and location of operational
silos.
(7) The number of interceptor missiles necessary for
operational assets, test assets (including developmental and
operational test assets and aging and surveillance test
assets), and spare missiles.
(d) Report.--
(1) In general.--At or about the same time the budget of
the President for fiscal year 2012 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the congressional defense committees
a report setting forth the results of the assessment required
by subsection (b).
(2) Form.--The report shall be in unclassified form, but
may include a classified annex.
SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPABILITIES OF THE UNITED
STATES.
(a) Study.--The Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff, shall conduct a joint
capabilities mix study on the ballistic missile defense capabilities of
the United States.
(b) Elements.--The study under paragraph (1) shall include, at a
minimum, the following:
(1) An assessment of the missile defense capability, force
structure, and inventory sufficiency requirements of the
combatant commanders based on the threat assessments and
operational plans for each combatant command.
(2) A discussion of the infrastructure necessary to achieve
the ballistic missile defense capabilities, force structure,
and inventory assessed under paragraph (1).
(3) An analysis of mobile and fixed missile defense assets.
(c) Report.--
(1) In general.--At or about the same time the budget of
the President for fiscal year 2012 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the congressional defense committees
a report setting forth the results of the study under
subsection (a).
(2) Form.--The report shall be in unclassified form, but
may include a classified annex.
SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act, and each 180-day period thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report on the standard missile system, particularly with
respect to standard missile-3 block IIA and standard missile-3 block
IIB.
(b) Matters Included.--The reports under subsection (a) shall
include the following:
(1) A detailed discussion of the modernization,
capabilities, and limitations of the standard missile.
(2) A review of the standard missile's comparison
capability against all expected threats.
(3) A report on the progress of complimentary systems,
including, at a minimum, radar systems, delivery systems, and
recapitalization of supporting software and hardware.
(4) Any industrial capacities that must be maintained to
ensure adequate manufacturing of standard missile technology
and production ratio.
Subtitle D--Reports
SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM REQUIREMENTS
FOR THE GROUND COMBAT VEHICLE PROGRAM.
(a) Report Required.--Not later than January 15, 2011, the
Secretary of the Army shall provide to the congressional defense
committees a report on the Ground Combat Vehicle program of the Army.
Such report shall include--
(1) the results of the analysis of alternatives conducted
prior to milestone A, including any technical data; and
(2) an explanation of any plans to adjust the requirements
of the Ground Combat Vehicle program during the technology
development phase of such program.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Limitation on Obligation of Funds.--Of the funds authorized to
be appropriated by this or any other Act for fiscal year 2011 for
research, development, test, and evaluation, Army, for development of
the Ground Combat Vehicle, not more than 50 percent may be obligated or
expended until the date that is 30 days after the date on which the
report is submitted under subsection (a).
SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED MUNITIONS.
(a) Cost Benefit Analysis Required.--
(1) In general.--The Secretary of the Army shall conduct a
cost benefit analysis of future munitions to be fired from the
M1 Abrams series main battle tank to determine the proper
investment to be made in tank munitions, including beyond line
of sight technology.
(2) Elements.--The cost benefit analysis under paragraph
(1) shall include--
(A) the predicted operational performance of future
tank-fired munitions, including those incorporating
beyond line of sight technology, based on the relevant
modeling and simulation of future combat scenarios of
the Army, including a detailed analysis on the
suitability of each munition to address the full
spectrum of targets across the entire range of the tank
(including close range, mid-range, long-range, and
beyond line of sight);
(B) a detailed assessment of the projected costs to
develop and field each tank-fired munition included in
the analysis, including those incorporating beyond line
of sight technology; and
(C) a comparative analysis of each tank-fired
munition included in the analysis, including
suitability to address known capability gaps and
overmatch against known and projected threats.
(3) Munitions included.--In conducting the cost benefit
analysis under paragraph (1), the Secretary shall include, at a
minimum, the Mid-Range Munition, the Advanced Kinetic Energy
round, and the Advanced Multipurpose Program.
(b) Report.--Not later than March 15, 2011, the Secretary shall
submit to the congressional defense committees the cost benefit
analysis under subsection (a).
SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX) PRESIDENTIAL
HELICOPTER ACQUISITION PROGRAM.
(a) Annual GAO Review.--During the period beginning on the date of
the enactment of this Act and ending on March 1, 2018, the Comptroller
General of the United States shall conduct an annual review of the VH-
(XX) aircraft acquisition program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year
beginning in 2011 and ending in 2018, the Comptroller General
shall submit to the congressional defense committees a report
on the review of the VH-(XX) aircraft acquisition program
conducted under subsection (a).
(2) Matters to be included.--Each report on the review of
the VH-(XX) aircraft acquisition program shall include the
following:
(A) The extent to which the program is meeting
development and procurement cost, schedule,
performance, and risk mitigation goals.
(B) With respect to meeting the desired initial
operational capability and full operational capability
dates for the VH-(XX) aircraft, the progress and
results of--
(i) developmental and operational testing
of the aircraft; and
(ii) plans for correcting deficiencies in
aircraft performance, operational
effectiveness, reliability, suitability, and
safety.
(C) An assessment of VH-(XX) aircraft procurement
plans, production results, and efforts to improve
manufacturing efficiency and supplier performance.
(D) An assessment of the acquisition strategy of
the VH-(XX) aircraft, including whether such strategy
is in compliance with acquisition management best-
practices and the acquisition policy and regulations of
the Department of Defense.
(E) A risk assessment of the integrated master
schedule and the test and evaluation master plan of the
VH-(XX) aircraft as it relates to--
(i) the probability of success;
(ii) the funding required for such aircraft
compared with the funding programmed; and
(iii) development and production
concurrency.
(3) Additional information.--In submitting to the
congressional defense committees the first report under
paragraph (1) and a report following any changes made by the
Secretary of the Navy to the baseline documentation of the VH-
(XX) aircraft acquisition program, the Comptroller General
shall include, with respect to such program, an assessment of
the sufficiency and objectivity of--
(A) the analysis of alternatives;
(B) the initial capabilities document;
(C) the capabilities development document; and
(D) the systems requirement document.
SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TARGETING SYSTEM.
(a) Review.--Not later than March 1, 2011, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall form a joint
assessment team to review the joint effects targeting system.
(b) Report.--Not later than 30 days after the date on which the
review under subsection (a) is completed, the Under Secretary shall
submit to the congressional defense committees a report on the review.
Subtitle E--Other Matters
SEC. 241. ESCALATION OF FORCE CAPABILITIES.
(a) Non-lethal Demonstration Program.--The Secretary of Defense,
acting through the Director of Operational Test and Evaluation and in
consultation with the Executive Agent for Non-lethal Weapons, shall
carry out a program to operationally test and evaluate non-lethal
weapons that provide counter-personnel escalation of force options to
members of the Armed Forces deploying in support of a contingency
operation.
(b) Technology Tested.--Technologies evaluated under subsection (a)
shall include crowd control, area denial, space clearing, and personnel
incapacitation tools.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report that--
(1) evaluates operational and situational suitability for
each non-lethal weapon tested;
(2) defines the tactics, techniques, and procedures
approved for deployment of each non-lethal weapon by service;
(3) identifies deployment schemes for each type of non-
lethal weapon by service; and
(4) details, by service, the number of units receiving pre-
deployment training on each non-lethal weapon and the total
number of units trained.
(d) Procurement Line Item.--In the budget materials submitted to
the President by the Secretary of Defense in connection with submission
to Congress, pursuant to section 1105 of title 31, United States Code,
of the budget for fiscal year 2012, and each subsequent fiscal year,
the Secretary shall ensure that within each military department
procurement account, a separate, dedicated procurement line item is
designated for non-lethal weapons.
SEC. 242. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES
DURING RESEARCH AND DEVELOPMENT OF DEFENSE SYSTEMS.
(a) Pilot Program.--The Secretary of Defense shall carry out a
pilot program to develop and incorporate technology protection features
in a designated system during the research and development phase of
such system.
(b) Funding.--Of the amounts authorized to be appropriated by this
Act for research, development, test, and evaluation, Defense-wide, not
more than $5,000,000 may be available to carry out this section.
(c) Annual Reports.--Not later than December 31 of each year in
which the Secretary carries out the pilot program, the Secretary shall
submit to the congressional defense committees a report on the pilot
program established under this section, including a list of each
designated system included in the program.
(d) Termination.--The pilot program established under this section
shall terminate on October 1, 2015.
(e) Definitions.--In this section:
(1) The term ``designated system'' means any system
(including a major system, as defined in section 2302(5) of
title 10, United States Code) that the Under Secretary of
Defense for Acquisition, Technology, and Logistics designates
as being included in the pilot program established under this
section.
(2) The term ``technology protection features'' means the
technical modifications necessary to protect critical program
information, including anti-tamper technologies and other
systems engineering activities intended to prevent or delay
exploitation of critical technologies in a designated system.
SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.
(a) Pilot Program.--The Secretary of Defense, in coordination with
the Secretary of Energy, shall carry out a collaborative energy
security pilot program involving one or more partnerships between one
military installation and one national laboratory, for the purpose of
evaluating and validating secure, salable microgrid components and
systems for deployment.
(b) Selection of Military Installation and National Laboratory.--
The Secretary of Defense and the Secretary of Energy shall jointly
select a military installation and a national laboratory for the
purpose of carrying out the pilot program under this section. In making
such selections, the Secretaries shall consider each of the following:
(1) A commitment to participate made by a military
installation being considered for selection.
(2) The findings and recommendations of relevant energy
security assessments of military installations being considered
for selection.
(3) The availability of renewable energy sources at a
military installation being considered for selection.
(4) Potential synergies between the expertise and
capabilities of a national laboratory being considered for
selection and the infrastructure, interests, or other energy
security needs of a military installation being considered for
selection.
(5) The effects of any utility tariffs, surcharges, or
other considerations on the feasibility of enabling any excess
electricity generated on a military installation being
considered for selection to be sold or otherwise made available
to the local community near the installation.
(c) Program Elements.--The pilot program shall be carried out as
follows:
(1) Under the pilot program, the Secretaries shall evaluate
and validate the performance of new energy technologies that
may be incorporated into operating environments.
(2) The pilot program shall involve collaboration with the
Office of Electricity Delivery and Energy Reliability of the
Department of Energy and other offices and agencies within the
Department of Energy, as appropriate, and the Environmental
Security Technical Certification Program of the Department of
Defense.
(3) Under the pilot program, the Secretary of Defense shall
investigate opportunities for any excess electricity created
for the military installation to be sold or otherwise made
available to the local community near the installation.
(4) The Secretary of Defense shall use the results of the
pilot program as the basis for informing key performance
parameters and validating energy components and designs that
could be implemented in various military installations across
the country and at forward operating bases.
(5) The pilot program shall support the effort of the
Secretary of Defense to use the military as a test bed to
demonstrate innovative energy technologies.
(d) Implementation and Duration.--The Secretary of Defense shall
begin the pilot program under this section by not later than July 1,
2011. Such pilot program shall be not less than 3 years in duration.
(e) Reports.--
(1) Initial report.--Not later than October 1, 2011, the
Secretary of Defense shall submit to the appropriate
congressional committees an initial report that provides an
update on the implementation of the pilot program under this
section, including an identification of the selected military
installation and national laboratory partner and a description
of technologies under evaluation.
(2) Final report.--Not later than 90 days after completion
of the pilot program under this section, the Secretary shall
submit to the appropriate congressional committees a report on
the pilot program, including any findings and recommendations
of the Secretary.
(f) Funding.--
(1) Department of defense.--Of the funds authorized to be
appropriated by section 201 for fiscal year 2011 for research,
development, test, and evaluation, Defense-wide, $5,000,000 is
available to carry out this section.
(2) Department of energy.--Upon determination by the
Secretary of Energy that the program under this section is
relevant and consistent with the mission of the Department of
Energy to lead the modernization of the electric grid, enhance
the security and reliability of the energy infrastructure, and
facilitate recovery from disruptions to energy supply, the
Secretary may transfer funds made available for the Office of
Electricity Delivery and Energy Reliability of the Department
of Energy in order to carry out this section.
(g) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Science
and Technology of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) The term ``microgrid'' means an integrated energy
system consisting of interconnected loads and distributed
energy resources (including generators, energy storage devices,
and smart controls) that can operate with the utility grid or
in an intentional islanding mode.
(3) The term ``national laboratory'' means--
(A) a national laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) a national security laboratory (as defined in
section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).
SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY CLUSTERS.
(a) Report.--Not later than March 1, 2011, the Secretary of Defense
shall submit to the appropriate congressional committees a report on
regional advanced technology clusters.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An analysis of regional advanced technology clusters
throughout the United States, including--
(A) an estimate of the amount of public and private
funding activities within each cluster;
(B) an assessment of the technical competencies of
each of these regional advanced technology clusters;
(C) a comparison of the technical competencies of
each regional advanced technology clusters with the
technology needs of the Department of Defense; and
(D) a review of current Department of Defense
interaction, cooperation, or investment in regional
advanced technology clusters.
(2) A strategic plan for encouraging the development of
innovative, advanced technologies, such as robotics and
autonomous systems, to address national security, homeland
security, and first responder challenges by--
(A) enhancing regional advanced technology clusters
that support the technology needs of the Department of
Defense; and
(B) identifying and assisting the expansion of
additional new regional advanced technology clusters to
foster research and development into emerging,
disruptive technologies identified through strategic
planning documents of the Department of Defense.
(3) An identification of the resources needed to establish,
sustain, or grow regional advanced technology clusters.
(4) An identification of mechanisms for collaborating and
cost sharing with other state, local, and Federal agencies with
respect to regional advanced technology clusters, including any
legal impediments that may inhibit collaboration or cost
sharing.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services,
Appropriations, and Small Business of the House of
Representatives.
(B) The Committees on Armed Services,
Appropriations, and Small Business and Entrepreneurship
of the Senate.
(2) The term ``regional advanced technology cluster'' means
geographic centers focused on building science and technology-
based innovation capacity in areas of local and regional
strength to foster economic growth and improve quality of life.
SEC. 245. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT OF
DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT GENERATION
SEMICONDUCTOR TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) The next generation of weapons systems, battlefield
sensors, and intelligence platforms will need to be lighter,
more agile, consume less power, and have greater computational
power, which can only be achieved by decreasing the feature
size of integrated circuits to the nanometer scale.
(2) There is a growing concern in the Department of Defense
and the United States intelligence community over the offshore
shift in development and production of high capacity
semiconductors. Reliance on providers of semiconductors in the
United States high tech industry will mitigate the security
risks of such an offshore shift.
(3) The use of extreme-ultraviolet lithography (EUVL) is
recognized in the semiconductor industry as critical to the
development of the next generation of integrated circuits.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should establish research and
development facilities to take the lead in producing the next
generation of integrated circuits;
(2) the Department of Defense should support the
establishment of a public-private partnership of defense
laboratory scientists and engineers, university researchers,
integrated circuit designers and fabricators, tool
manufacturers, material and chemical suppliers, and metrology
and inspection tool fabricators to develop extreme-ultraviolet
lithography (EUVL) technologies on 300 micrometer and 450
micrometer wafers; and
(3) the targeted feature size of integrated circuits for
EUVL development in the United States should be the 15
nanometer node.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $34,232,221,000.
(2) For the Navy, $37,976,443,000.
(3) For the Marine Corps, $5,568,340,000.
(4) For the Air Force, $36,684,588,000.
(5) For Defense-wide activities, $30,200,596,000.
(6) For the Army Reserve, $2,942,077,000.
(7) For the Naval Reserve, $1,374,764,000.
(8) For the Marine Corps Reserve, $287,234,000.
(9) For the Air Force Reserve, $3,311,827,000.
(10) For the Army National Guard, $6,628,525,000.
(11) For the Air National Guard, $5,980,139,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,068,000.
(13) For the Acquisition Development Workforce Fund,
$229,561,000.
(14) For Environmental Restoration, Army, $444,581,000.
(15) For Environmental Restoration, Navy, $304,867,000.
(16) For Environmental Restoration, Air Force,
$502,653,000.
(17) For Environmental Restoration, Defense-wide,
$10,744,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $296,546,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $108,032,000.
(20) For Cooperative Threat Reduction programs,
$522,512,000.
Subtitle B--Energy and Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION
PLANT, MINNESOTA.
(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer to the Hazardous
Substance Superfund not more than $5,611,670.67 for fiscal year
2011.
(2) Purpose of reimbursement.--A payment made under
paragraph (1) is to reimburse the Environmental Protection
Agency for all costs the Agency has incurred through fiscal
year 2011 relating to the response actions performed by the
Department of Defense under the Defense Environmental
Restoration Program at the Twin Cities Army Ammunition Plant,
Minnesota.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in an interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Twin Cities Army
Ammunition Plant that took effect in December 1987.
(b) Source of Funds.--A payment under subsection (a) shall be made
using funds authorized to be appropriated for fiscal year 2011 to the
Department of Defense for operation and maintenance for Environmental
Restoration, Army.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amounts transferred under subsection (a) to pay costs incurred by
the Agency at the Twin Cities Army Ammunition Plant.
SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH NAVAL AIR STATION,
BRUNSWICK, MAINE.
(a) Authority to Transfer Funds.--From amounts authorized to be
appropriated for fiscal year 2011 for the Department of Defense Base
Closure Account 2005, and notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer an amount of
not more than $153,000 to the Hazardous Substance Superfund established
under subchapter A of chapter 98 of the Internal Revenue Code of 1986.
(b) Purpose of Transfer.--The purpose of a transfer made under
subsection (a) is to satisfy a stipulated penalty assessed by the
Environmental Protection Agency on June 12, 2008, against Naval Air
Station, Brunswick, Maine, for the failure of the Navy to sample
certain monitoring wells in a timely manner pursuant to a schedule
included in the Federal facility agreement for Naval Air Station,
Brunswick, which was entered into by the Secretary of the Navy and the
Administrator of the Environmental Protection Agency on October 19,
1990.
(c) Acceptance of Payment.--If the Secretary of Defense makes a
transfer authorized under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount transferred as
payment in full of the penalty referred to in subsection (b).
SEC. 313. TESTING AND CERTIFICATION PLAN FOR OPERATIONAL USE OF AN
AVIATION BIOFUEL DERIVED FROM MATERIALS THAT DO NOT
COMPETE WITH FOOD STOCKS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a testing and
certification plan for the operational use of a biofuel that--
(1) is derived from materials that do not compete with food
stocks; and
(2) is suitable for use for military purposes as an
aviation fuel or in an aviation-fuel blend.
SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC PROPULSION SYSTEMS AND
OTHER FUEL-SAVING TECHNOLOGIES FOR INCORPORATION INTO
TACTICAL MOTOR VEHICLES.
(a) Identification of Usable Alternative Technology.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of each military department shall submit to Congress a report
identifying hybrid or electric propulsion systems and other vehicle
technologies that reduce consumption of fossil fuels and are suitable
for incorporation into the current fleet of tactical motor vehicles of
each Armed Force under the jurisdiction of the Secretary. In
identifying suitable alternative technologies, the Secretary shall
consider the feasibility and cost of incorporating the technology, the
design changes and amount of time required for incorporation, and the
overall impact of incorporation on vehicle performance.
(b) Hybrid Defined.--In this section, the term ``hybrid'' refers to
a propulsion system, including the engine and drive train, that draws
energy from onboard sources of stored energy that involve--
(1) an internal combustion or heat engine using combustible
fuel; and
(2) a rechargeable energy storage system.
SEC. 315. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17142) is amended--
(1) by striking ``No Federal agency'' and inserting ``(a)
Requirement.--Except as provided in subsection (b), no Federal
agency''; and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) does not prohibit a Federal agency
from entering into a contract to purchase a generally available fuel
that is not an alternative or synthetic fuel or predominantly produced
from a nonconventional petroleum source, if--
``(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or fuel
from a nonconventional petroleum source;
``(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
``(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to use or
increase its use of fuel from a nonconventional petroleum
source.''.
SEC. 316. INFORMATION SHARING RELATING TO INVESTIGATION OF EXPOSURE TO
DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH
CAROLINA.
By not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall provide the Agency for Toxic
Substances and Disease Registry with an electronic inventory of all
existing documents, records, and electronic data pertaining to the
CERCLA listed and RCRA listed contamination sites at Camp Lejeune and
all existing documents, records, and electronic data pertaining to the
contaminated drinking water at Camp Lejeune. If after the date of
enactment of this Act, the Secretary of Defense generates new
documents, records and electronic data, or comes into possession of
existing documents, records or electronic data not previously included
in the electronic inventory, the Secretary of the Navy shall provide
the Agency for Toxic Substances and Disease Registry with an updated
electronic inventory incorporating the newly located or generated
documents, records and electronic data. The Secretary of the Navy shall
ensure that Department of Defense personnel with appropriate experience
and expertise, including in the area of environmental engineering and
the conduct of water modeling, working in conjunction with the Agency
for Toxic Substances and Disease Registry, are utilized to identify,
compile, and submit existing and new documents, records, and electronic
data in Navy and Marine Corps records and electronic libraries that
would assist the Agency for Toxic Substances and Disease Registry in
gathering data relating to the contamination and remediation of Camp
Lejeune base-wide drinking-water systems.
Subtitle C--Workplace and Depot Issues
SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT
INVENTORY.
Section 2330a(c)(1) of title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
after the first sentence the following new sentence: ``The
guidance for compiling the inventory shall be issued by the
Under Secretary of Defense for Personnel and Readiness, as
supported by the Under Secretary of Defense (Comptroller) and
the Under Secretary of Defense for Acquisition, Technology, and
Logistics.''; and
(2) by striking subparagraph (E) and inserting the
following new subparagraph (E):
``(E) The number and work location of contractor employees,
expressed as full-time equivalents for direct labor, using
direct labor hours and associated cost data collected from
contractors.''.
SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED
UNDER PRIME VENDOR CONTRACTS FOR DEPOT-LEVEL MAINTENANCE
AND REPAIR.
Section 346 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C.
2464 note) is repealed.
SEC. 323. PILOT PROGRAM ON BEST VALUE FOR CONTRACTS FOR PRIVATE
SECURITY FUNCTIONS.
(a) Pilot Program Authorized.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish a pilot program under which the Secretary shall implement a
best value procurement standard in entering into contracts for the
provision of private security functions in Afghanistan and Iraq. In
entering into a covered contract under the pilot program, in addition
to taking into consideration the cost of the contract, the Secretary
shall take into consideration each of the following:
(1) Past performance.
(2) Quality.
(3) Delivery.
(4) Management expertise.
(5) Technical approach.
(6) Experience of key personnel.
(7) Management structure.
(8) Risk.
(9) Such other matters as the Secretary determines are
appropriate.
(b) Justification.--A covered contract under the pilot program may
not be awarded unless the contracting officer for the contract
justifies in writing the reason for the award of the contract.
(c) Annual Report.--Not later than January 15 of each year the
pilot program under this section is carried out, the Secretary of
Defense shall submit to the congressional defense committees an
unclassified report containing each of the following:
(1) A list of any covered contract awarded for private
security functions in Afghanistan and Iraq under the pilot
program.
(2) A description of the matters that the Secretary of
Defense took into consideration, in addition to cost, in
awarding each such contract.
(3) Any additional information or recommendations the
Secretary considers appropriate to include with respect to the
pilot program, the contracts awarded under the pilot program,
or the considerations for evaluating such contracts.
(d) Termination of Program.--The authority of the Secretary of
Defense to carry out a pilot program under this section terminates on
September 30, 2013. The termination of the authority shall not affect
the validity of contracts that are awarded or modified during the
period of the pilot program, without regard to whether the contracts
are performed during the period.
(e) Discretionary Implementation After September 30, 2013.--After
September 30, 2013, implementation of a best value procurement standard
in entering into contracts for the provision of private security
functions in Afghanistan and Iraq shall be at the discretion of the
Secretary of Defense.
(f) Definitions.--In this section:
(1) The term ``best value'' means providing the best
overall benefit to the Government in accordance with the
tradeoff process described in section 15.101-1 of title 48 of
the Code of Federal Regulations.
(2) The term ``covered contract'' means--
(A) a contract of the Department of Defense for the
performance of services; or
(B) a task order or delivery order issued under
such a contract.
(3) The term ``private security functions'' means guarding,
by a contractor under a covered contract, of personnel,
facilities, or property of a Federal agency, the contractor, a
subcontractor of a contractor, or a third party.
SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY CONTRACTORS.
(a) Third-party Certification Policy Guidance.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall issue policy guidance requiring, as a condition for award
of a covered contract for the provision of private security functions,
that each contractor receive certification from a third party that the
contractor adheres to specified operational and business practice
standards. The guidance shall--
(1) establish criteria for defining standard practices for
the performance of private security functions, which shall
reflect input from industry representatives as well as the
Inspector General of the Department of Defense;
(2) establish criteria for weapons training programs for
contractors performing private security functions, including
minimum requirements for weapons training programs of
instruction and minimum qualifications for instructors for such
programs; and
(3) identify organizations that can carry out the
certifications.
(b) Regulations Required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense supplement to the Federal Acquisition Regulation
to carry out the requirements of this section and the guidance issued
under this section.
(c) Definitions.--In this section:
(1) The term ``covered contract'' means--
(A) a contract of the Department of Defense for the
performance of services;
(B) a subcontract at any tier under such contract;
(C) a task order or delivery order issued under
such a contract or subcontract.
(2) The term ``contractor'' means, with respect to a
covered contract, the contractor or subcontractor carrying out
the covered contract.
(3) The term ``private security functions'' means
activities engaged in by a contractor under a covered contract
as follows:
(A) Guarding of personnel, facilities, or property
of a Federal agency, the contractor or subcontractor,
or a third party.
(B) Any other activity for which personnel are
required to carry weapons in the performance of their
duties.
(d) Exception.--The requirements of this section shall not apply
to contracts entered into by elements of the intelligence community in
support of intelligence activities.
SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR CONVERSION OF
FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES.
(a) Prohibition.--The Secretary of Defense may not establish,
apply, or enforce any numerical goal, target, or quota for the
conversion of Department of Defense function to performance by
Department of Defense civilian employees, unless such goal, target, or
quota is based on considered research and analysis, as required by
section 235, 2330a, or 2463 of title 10, United States Code.
(b) Decisions to Insource.--In deciding which functions should be
converted to performance by Department of Defense civilian employees
pursuant to section 2463 of title 10, United States Code, the Secretary
of Defense shall use the costing methodology outlined in the Directive-
Type Memorandum 09-007 (Estimating and Comparing the Full Costs of
Civilian and Military Manpower and Contractor Support) or any successor
guidance for the determination of costs when costs are the sole basis
for the decision. The Secretary of a military department may issue
supplemental guidance to assist in such decisions affecting functions
of that military department.
(c) Reports.--
(1) Report to congress.--Not later than December 31, 2010,
the Secretary of Defense shall submit to the congressional
defense committees a report on the decisions with respect to
the conversion of functions to performance by Department of
Defense civilian employees made during fiscal year 2010. Such
report shall identify, for each such decision--
(A) the agency or service of the Department
involved in the decision;
(B) the basis and rationale for the decision; and
(C) the number of contractor employees whose
functions were converted to performance by Department
of Defense civilian employees.
(2) Comptroller general review.--Not later than 120 days
after the submittal of the report under paragraph (1), the
Comptroller General of the United States shall submit to the
congressional defense committees an assessment of the report.
SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO HEALTH BENEFITS AND
RETIREMENT PLANS FOR PURPOSES OF COST-COMPARISONS OF
CONTRACTOR AND CIVILIAN EMPLOYEE PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS.
Section 2463 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (f):
``(f) Treatment of Contributions to Health and Retirement Plans.--
For purposes of conducting a cost comparison to determine whether to
convert a function from contractor performance to performance by
Department of Defense civilian employee, the costs of employer
contributions made by the Department of Defense or by a contractor
towards employer-sponsored health benefits and retirement benefits
plans shall not be considered unless, in the case of such contributions
made by a contractor, the contractor does not receive an advantage for
reducing costs for the Department of Defense by--
``(1) not making an employer-sponsored health insurance
plan available to the contractor employees who perform the
function under the contract;
``(2) offering to such employees an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the amount
that is paid by the Federal Government for health benefits for
civilian employees under chapter 89 of title 5, United States
Code; or
``(3) offering to such employees a retirement benefit that,
in any year, costs less than the annual retirement cost factor
applicable to Federal employees under chapter 84 of title 5,
United States Code.''.
Subtitle D--Reports
SEC. 331. REVISION TO REPORTING REQUIREMENT RELATING TO OPERATION AND
FINANCIAL SUPPORT FOR MILITARY MUSEUMS.
(a) Change in Frequency of Report.--Subsection (a) of section 489
of title 10, United States Code, is amended by striking ``As part of''
and all that follows through ``fiscal year--'' and inserting the
following: ``As part of the budget materials submitted to Congress for
every odd-numbered fiscal year, in connection with the submission of
the budget for that fiscal year pursuant to section 1105 of title 31,
the Secretary of Defense shall submit to Congress a report on military
museums. In each such report, the Secretary shall identify all military
museums that, during the most recently completed two fiscal-year
period--''
(b) Repeal of Required Report Element.--Subsection (b) of such
section is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraph (6) as paragraph (5).
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 489. Department of Defense operation and financial support for
military museums: biennial report''.
(2) Table of sections.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 489 and inserting the following
new item:
``489. Department of Defense operation and financial support for
military museums: biennial report.''.
SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION
PREVENTION PROJECTS AND ACTIVITIES.
Section 2228(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``The'' and
inserting ``For the fiscal year covered by the report
and the preceding fiscal year, the''; and
(B) by adding at the end the following new
subparagraph:
``(E) For the fiscal year covered by the report and the
preceding fiscal year, the amount of funds requested in the
budget for each project or activity described in subparagraph
(E) compared to the funding requirements for the project or
activity.'';
(2) in paragraph (2)(B), by inserting before the period at
the end the following: ``, including the annex to the report
described in paragraph (3)''; and
(3) by adding at the end the following new paragraph:
``(3) Each report under this section shall include, in an annex to
the report, a copy of the annual corrosion report most recently
submitted by the corrosion control and prevention executive of each
military department under section 903(b)(5) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4567; 10 U.S.C. 2228 note).''.
SEC. 333. MODIFICATION AND REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Modification of Report on Army Progress.--Section 323 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended--
(1) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(2) in subsection (d), as so redesignated, by striking ``or
(d)''.
(b) Repeal of Report on Disposition of Reserve Equipment.--Title
III of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) is amended by striking section 349.
(c) Repeal of Report on Readiness of Ground Forces.--Title III of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended by striking section 355.
SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION.
(a) Report Required.--Not later than March 1, 2011, the Commander
of the United States Northern Command and the North American Aerospace
Defense Command (hereinafter in this section referred to as
``NORTHCOM'') shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Service of the House of
Representatives a report on the Air Sovereignty Alert (hereinafter in
this section referred to as ``ASA'') Mission and Operation Noble Eagle
(hereinafter in this section referred to as ``ONE'').
(b) Consultation.--NORTHCOM shall consult with the Director of the
National Guard Bureau who shall be authorized to review and provide
independent analysis and comments on the report required under
subsection (a).
(c) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An evaluation of the current ASA mission and ONE.
(2) An evaluation of each of the following:
(A) The current ability to perform the mission with
regards to training, equipment, funding, and military
construction.
(B) Any current deficiencies in the mission.
(C) Any changes in threats which would allow for
any change in number of ASA sites or force structure
required to support the ASA mission.
(D) Future ability to perform the ASA mission with
current and programmed equipment.
(E) Coverage of units with respect to--
(i) population centers covered;
(ii) targets of value covered, including
symbolic (national monuments, sports venue, and
centers of commerce), critical infrastructure
(nuclear plants, dams, bridges, and
telecommunication nodes) and national security
(military bases and organs of government); and
(iii) an unclassified, notional area of
responsibility conforming to the unclassified
response time of unit represented graphically
on a map and detailing total population covered
and number of targets described in clause (ii).
(3) Status of implementation of the recommendations made in
the Government Accountability Office Report entitled ``Actions
Needed to Improve Management of Air Sovereignty Alert
Operations to Protect U.S. Airspace'' (GAO-09-184).
(d) Means of Delivery of Report.--The report required by subsection
(a) shall be unclassified, and NORTHCOM shall brief the Committees on
Armed Services of the Senate and House of Representatives at the
appropriate classification level.
SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR
FORCE.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Service of the House of Representatives a report describing the
feasibility and desirability of designating the Suppression of Enemy
Air Defenses/Destruction of Enemy Air Defenses (hereinafter in this
section referred to as ``SEAD/DEAD'') mission as a responsibility of
the Air National Guard.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An evaluation of the SEAD/DEAD mission, as in effect on
the date of the enactment of this Act.
(2) An evaluation of the following with respect to the
SEAD/DEAD mission:
(A) The current ability of the Air National Guard
to perform the mission with regards to training,
equipment, funding, and military construction.
(B) Any current deficiencies of the Air National
Guard to perform the mission.
(C) The corrective actions and costs required to
address any deficiencies described in subparagraph (B).
(D) The need for SEAD/DEAD ranges to be constructed
on existing ranges operated, controlled, or used by Air
National Guard units based on geographic considerations
of proximity and utility.
(c) Consultation.--The Secretary of the Air Force shall consult
with the Director of the National Guard Bureau who shall be authorized
to review and provide independent analysis and comments on the report
required under subsection (a).
SEC. 336. 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.
SEC. 337. STUDY AND REPORT ON FEASIBILITY OF JOINT USAGE OF THE NASA
SHUTTLE LOGISTICS DEPOT.
(a) Study.--The Secretary of Defense, in conjunction with the
Administrator of the National Aeronautics and Space Administration,
shall conduct a study of the feasibility of joint usage of the National
Aeronautics and Space Administration Shuttle Logistics Depot in Cape
Canaveral, Florida, to supplement requirements for products and
services in support of reset initiatives, Advanced Technology Clusters,
engineering and reverse engineering analysis, and development of
innovative technology and processes to improve product procurement and
reduce risk, cost, and cycle time of system delivery.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the committees on Armed
Services of the Senate and House of Representatives a report on the
study required under subsection (a).
Subtitle E--Limitations and Extensions of Authority
SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES CHARGED
FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2697. Acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft
``(a) Authority.--The Secretary of a military department may impose
landing fees for the use by civil aircraft of domestic military
airfields under the jurisdiction of that Secretary and may use any fees
received under this section as a source of funding for the operation
and maintenance of airfields of that department.
``(b) Uniform Landing Fees.--The Secretary of Defense shall
prescribe the amount of the landing fees that may be imposed under this
section. Such fees shall be uniform among the military departments.
``(c) Use of Proceeds.--Amounts received for a fiscal year in
payment of landing fees imposed under this section for the use of a
military airfield shall be credited to the appropriation that is
available for that fiscal year for the operation and maintenance of
that military airfield, shall be merged with amounts in the
appropriation to which credited, and shall be available for that
military airfield for the same period and purposes as the appropriation
is available.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2697. Acceptance and use of landing fees charged for use of domestic
military airfields by civil aircraft.''.
SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL SUPPORT PROGRAM
INITIATIVE.
(a) Improvement.--
(1) In general.--Section 343 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398; 10 U.S.C. 4551 note) is amended--
(A) in subsection (b), by striking paragraphs (3)
and (4) and redesignating paragraphs (5) through (11)
as paragraphs (3) through (9), respectively;
(B) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e),
and (f), respectively.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Prioritization of Program Purposes.--The Secretary of the Army
shall--
(1) prioritize the purposes of the Arsenal Support Program
Initiative under section 343(b) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
398; U.S.C. 4551 note), as amended by subsection (a)(1)(A); and
(2) issue guidance to the appropriate commands reflecting
such priorities.
(c) Extension.--
(1) In general.--Such section, as amended by subsection
(a)(1) of this section, is further amended--
(A) in subsection (a), by striking ``2010'' and
inserting ``2012''; and
(B) in paragraph (1) of subsection (f), as
redesignated by subsection (a)(1)(B) of this section,
by striking ``2010'' and inserting ``2012''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the submittal of the report
required under subsection (d).
(d) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to
Congress a report on the Arsenal Support Program Initiative that
includes--
(1) the Secretary's determination with respect to the
Army's highest priorities from among the purposes of the
Arsenal Support Program Initiative under section 343(b) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398; U.S.C. 4551 note), as amended by
subsection (a)(1)(A), reflecting the Secretary's overall
strategy to achieve desired results;
(2) performance goals for the Arsenal Support Program
Initiative; and
(3) outcome-focused performance measures to assess the
progress the Army has made toward addressing the purposes of
the Arsenal Support Program Initiative.
SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EXPENSES FOR CERTAIN NAVY
MESS OPERATIONS.
Section 1014(b) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585) is
amended by striking ``September 30, 2010'' and inserting ``September
30, 2012''.
SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN TERRAIN
SYSTEM.
(a) Limitation.--Of the amounts authorized to be appropriated for
the Human Terrain System (hereinafter in this section referred to as
the ``HTS'') that are described in subsection (b), not more than 50
percent of the amounts remaining unobligated as of the date of
enactment of this Act may be obligated until the Secretary of the Army
submits to the congressional defense committees each of the following:
(1) The independent assessment of the HTS called for in the
report of the Committee on Armed Services of the House of
Representatives accompanying the National Defense Authorization
Act for Fiscal Year 2010 (H. Rept. 111-166).
(2) A validation of all HTS requirements, including any
prior joint urgent operations needs statements.
(3) A certification that policies, procedures, and guidance
are in place to protect the integrity of social science
researchers participating in HTS, including ethical guidelines
and human studies research procedures.
(b) Covered Authorizations or Appropriations.--The amounts
authorized to be appropriated described in this subsection are amounts
authorized to be appropriated for fiscal year 2011, including such
amounts authorized to be appropriated for oversees contingency
operations, for--
(1) Operation and maintenance for HTS;
(2) Procurement for Mapping the Human Terrain hardware and
software; and
(3) Research, development, test, and evaluation for Mapping
the Human Terrain hardware and software.
SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF
CLASSIFIED JUSTIFICATION MATERIAL.
Of the amounts authorized to be appropriated in this title for
fiscal year 2011 for the Office of the Secretary of Defense for budget
activity four, line 270, not more than 90 percent may be obligated
until 15 days after the information cited in the classified annex
accompanying this Act relating to the provision of classified
justification material to Congress is provided to the congressional
defense committees.
SEC. 346. LIMITATION ON RETIREMENT OF C-130 AIRCRAFT FROM AIR FORCE
INVENTORY.
The Secretary of the Air Force may not take any action to retire
any C-130 aircraft from the inventory of the Air Force until 30 days
after the date on which the Secretary submits to the congressional
defense committees a written agreement between the Director of the Air
National Guard, the Commander of Air Force Reserve Command, and the
Chief of Staff of the Air Force. The agreement shall specify the
following:
(1) The number of and type of C-130 aircraft to be
transferred, on a temporary basis, from the Air National Guard
to the Air Force.
(2) The schedule by which any C-130 aircraft transferred to
the Air Force will be returned to the Air National Guard.
(3) A description of the condition, including the estimated
remaining service life, in which the C-130 aircraft will be
returned to the Air National Guard following the period during
which the aircraft are on loan to the Air Force.
(4) A description of the allocation of resources, including
the designation of responsibility for funding aircraft
operations and maintenance, in fiscal year 2011, and detailed
description of budgetary responsibilities through the remaining
period the aircraft are on loan to the Air Force.
(5) The designation of responsibility for funding depot
maintenance requirements or modifications to the aircraft
during the period the aircraft are on loan with the Air Force,
or otherwise generated as a result of transfer.
(6) The locations from which the C-130 aircraft will be
transferred.
(7) The manpower planning and certification that such a
transfer will not result in manpower authorization reductions
or resourcing at the Air National Guard facilities identified
in paragraph (6).
(8) The manner by which Air National Guard personnel
affected by the transfer will maintain their skills and
proficiencies in order to preserve readiness at the affected
units.
(9) Any other items the Director of the Air National Guard
or the Commander of Air Force Reserve Command determine are
necessary in order to ensure such a transfer will not
negatively impact the ability of the Air National Guard and Air
Force Reserve to accomplish their respective missions.
SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS OF
MILITARY REQUIREMENTS.
(a) Commercial Sale of Small Arms Ammunition.--Small arms
ammunition and ammunition components in excess of military
requirements, including fired cartridge cases, which is not otherwise
prohibited from commercial sale or certified by the Secretary of
Defense as unserviceable or unsafe, may not be demilitarized or
destroyed and shall be made available for commercial sale.
(b) Deadline for Guidance.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
guidance to ensure compliance with subsection (a). Not later than 15
days after issuing such guidance, the Secretary shall submit to the
congressional defense committees a letter of compliance providing
notice of such guidance.
SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 FORCE STRUCTURE
ANNOUNCEMENT IMPLEMENTATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available for fiscal year 2011 may be obligated or
expended for the purpose of implementing the Air Force fiscal year 2011
Force Structure Announcement until 45 days after--
(1) the Secretary of the Air Force provides a detailed
report to the Committees on Armed Services of the Senate and
House of Representatives on the follow-on missions for bases
affected by the 2010 Combat Air Forces restructure; and
(2) the Secretary of the Air Force certifies to the
Committees on Armed Services of the Senate and House of
Representatives that the Air Sovereignty Alert Mission will be
fully resourced with required funding, personnel, and aircraft.
Subtitle F--Other Matters
SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR CERTAIN
INDIVIDUALS.
(a) Expedited Processing of Security Clearances.--Section 1564 of
title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Expedited Process.--The Secretary of Defense may prescribe a
process for expediting the completion of the background investigations
necessary for granting security clearances for--
``(1) Department of Defense personnel and Department of
Defense contractor personnel who are engaged in sensitive
duties that are critical to the national security; and
``(2) any individual who submits an application for a
position as an employee of the Department of Defense for which
a security clearance is required who is a member of the armed
forces who was retired or separated for physical disability
pursuant to chapter 61 of this title.''; and
(2) by adding at the end the following new subsection:
``(f) Use of Appropriated Funds.--The Secretary of Defense may use
funds authorized to be appropriated to the Department of Defense for
operation and maintenance to conduct background investigations under
this section for individuals described in subsection (a)(2).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a background investigation conducted after the
date of the enactment of this Act.
SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAMILY MEMBERS OF
DECEASED OR SERIOUSLY WOUNDED MEMBERS OF THE ARMED FORCES
WHO WERE HANDLERS OF THE DOGS.
Section 2583(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Military animals''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of making a determination under subsection
(a)(2), unusual or extraordinary circumstances may include situations
in which the handler of a military working dog is a member of the armed
forces who is killed in action, dies of wounds received in action, or
is so seriously wounded in action that the member will (or most likely
will) receive a medical discharge. If the Secretary of the military
department concerned determines that an adoption is justified in such a
situation, the military working dog shall be made available for
adoption only by the immediate family of the member.''.
SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF
CIVILIAN PASSENGERS AND COMMERCIAL CARGOES BY DEPARTMENT
OF DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES.
(a) Transportation on DOD Vehicles and Aircraft.--Subsection (a) of
section 2649 of title 10, United States Code, is amended--
(1) by inserting ``Authority.--'' before ``Whenever''; and
(2) by inserting ``, vehicles, or aircraft'' in the first
sentence after ``vessels'' both places it appears.
(b) Amounts Charged for Transportation in Emergency, Disaster, or
Humanitarian Response Cases.--
(1) Limitation on amounts charged.--The second sentence of
subsection (a) of such section is amended by inserting before
the period the following: ``, except that in the case of
transportation provided in response to an emergency, a
disaster, or a request for humanitarian assistance, any amount
charged for such transportation may not exceed the cost of
providing the transportation''.
(2) Crediting of receipts.--Subsection (b) of such section
is amended by striking ``Amounts'' and inserting ``Crediting of
Receipts.--Any amount received under this section with respect
to transportation provided in response to an emergency, a
disaster, or a request for humanitarian assistance may be
credited to the appropriation, fund, or account used in
incurring the obligation for which such amount is received. In
all other cases, amounts''.
(c) Transportation During Contingencies or Disaster Responses.--
Such section is further amended by adding at the end the following new
subsection:
``(c) Transportation of Allied Personnel During Contingencies or
Disaster Responses.--(1) During the 5-year period beginning on the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2011, when space is available on vessels, vehicles, or aircraft
operated by the Department of Defense and the Secretary of Defense
determines that operations in the area of a contingency operation or
disaster response would be facilitated if allied forces or civilians
were to be transported using such vessels, vehicles, or aircraft, the
Secretary may provide such transportation on a noninterference basis,
without charge.
``(2) Not later than March 1 of each year following a year in which
the Secretary provides transportation under paragraph (1), the
Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report describing, in detail, the
transportation so provided during that year. Each such report shall
include a description of each of the following:
``(A) How the authority under paragraph (1) was used during
the year covered by the report.
``(B) The frequency with which such authority was used
during that year.
``(C) The rationale of the Secretary for each such use of
the authority.
``(D) The total cost of the transportation provided under
paragraph (1) during that year.
``(E) The appropriation, fund, or account credited and the
total amount received as a result of providing transportation
under paragraph (1) during that year.''.
(d) Conforming Amendment.--Section 2648 of such title is amended by
inserting ``, vehicles, or aircraft'' after ``vessels'' in the matter
preceding paragraph (1).
(e) Technical Amendments.--
(1) The heading of section 2648 of such title is amended to
read as follows:
``Sec. 2648. Persons and supplies: sea, land, and air transportation''.
(2) The heading of section 2649 of such title is amended to
read as follows:
``Sec. 2649. Civilian passengers and commercial cargoes: transportation
on Department of Defense vessels, vehicles, and
aircraft''.
(f) Clerical Amendments.--The table of sections at the beginning of
chapter 157 of such title is amended by striking the items relating to
sections 2648 and 2649 and inserting the following new items:
``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels, vehicles,
and aircraft.''.
SEC. 354. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING TO USE OF
FLEXIBLE HIRING AUTHORITY TO FACILITATE PERFORMANCE OF
CERTAIN DEPARTMENT OF DEFENSE FUNCTIONS BY CIVILIAN
EMPLOYEES.
Section 2463(d)(1) of title 10, United States Code, is amended by
striking ``under the National Security Personnel System, as
established''.
SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING AND SIMULATION TOOLS.
(a) Inventory.--
(1) Inventory required.--The Comptroller General of the
United States shall perform an inventory of all modeling and
simulation tools used by the Department of Defense to develop
and analyze the Department's annual budget submission and to
support decision making inside the budget process. In carrying
out the inventory, the Comptroller General shall identify the
purpose, scope, and levels of validation, verification, and
accreditation of each such model and simulation.
(2) Report.--Not later than December 1, 2010, the
Comptroller General shall submit to Committees on Armed
Services of the Senate and House of Representatives and the
Secretary of Defense a report on the inventory under paragraph
(1) and the findings of the Comptroller General in carrying out
the inventory.
(b) Study.--
(1) Study required.--By not later than January 15, 2011,
the Secretary of Defense shall seek to enter into a contract
with a federally funded research and development center to
carry out a study examining the requirements for and
capabilities of modeling and simulation tools used by the
Department of Defense to support the annual budget process. A
contract entered into under this paragraph shall specify that
in carrying out the study, the center shall--
(A) use the inventory performed by the Comptroller
General under subsection (a) as a baseline;
(B) examine the efficacy and sufficiency of the
modeling and simulation tools used by the Department of
Defense to support the development, analysis, and
decision-making associated with the construction and
validation of requirements used as a basis for the
annual budget process of the Department;
(C) examine the requirements and any capability
gaps with respect to such modeling and simulation
tools;
(D) provide recommendations as to how the
Department should best address the requirements and
fill the capabilities gaps identified under
subparagraph (C);
(E) identify annual investment levels in modeling
and simulation tools and certifications required to
achieve a high degree of confidence in the relationship
between the Department's mission effectiveness and the
budget materials submitted to the President by the
Secretary of Defense in connection with the submission
to Congress, pursuant to section 1105 of title 31,
United States Code, of the budget for a fiscal year;
(F) examine the verification, validation, and
accreditation requirements for each of the military
services and provide recommendations with respect to
establishing uniform standards for such requirements
across all of the military services; and
(G) recommend improvements to enhance the
confidence, efficacy, and sufficiency of the modeling
and simulation tools used by the Department of Defense
in the development of the annual budget.
(2) Report.--Not later than January 1, 2012, the chief
executive officer of the center that carries out the study
pursuant to a contract under paragraph (1) shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the findings of the study.
SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF HIGH-
ALTITUDE AVIATION TRAINING SITE, COLORADO.
(a) Findings.--Congress makes the following findings:
(1) The High-Altitude Aviation Training Site in Gypsum,
Colorado, is the only Department of Defense aviation school
that provides an opportunity for rotor-wing military pilots to
train in high-altitude, mountainous terrain, under full gross
weight and power management operations.
(2) The High-Altitude Aviation Training Site is operated by
the Colorado Army National Guard and is available to pilots of
all branches of the Armed Forces and to pilots of allied
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the High-Altitude Army Aviation Training Site continues
to be critically important to ensuring the readiness and
capabilities of rotor-wing military pilots; and
(2) the Department of Defense should take all appropriate
actions to prevent encroachment on the High-Altitude Army
Aviation Training Site.
SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMULATED TACTICAL FLIGHT
TRAINING IN A SUSTAINED G ENVIRONMENT.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the effectiveness of simulated tactical flight training in a
sustained g environment. In conducting the study, the Secretary shall
include all relevant factors, including each of the following:
(1) Training effectiveness.
(2) Cost reductions.
(3) Safety.
(4) Research benefits.
(5) Carbon emissions reduction.
(6) Lifecycles of training aircraft.
(b) Deadline for Completion.--The study required by subsection (a)
shall be completed not later than 18 months after the date of the
enactment of this Act.
(c) Submission to Congress.--Upon completion of the study required
by subsection (a), the Secretary shall submit the results of the study
to the congressional defense committees.
SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF OBSTRUCTIONS ON
MILITARY INSTALLATIONS AND OPERATIONS.
(a) Designation of Department Organization.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall designate a single organization within the Department of Defense
to--
(1) serve as the executive agent to carry out the study
required by subsection (b);
(2) serve as a clearinghouse to review applications filed
with the Secretary of Transportation pursuant to section 44718
of title 49, United States Code, and received by the Department
of Defense from the Secretary of Transportation; and
(3) accelerate the development of planning tools to provide
preliminary notice as to the acceptability to the Department of
Defense of proposals included in an application submitted
pursuant to such section.
(b) Military Installations and Operations Impact Study.--
(1) Study required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
carry out a study to identify any areas where military
installations and military operations, including the use of air
navigation facilities, navigable airspace, military training
routes, and air defense radars, could be affected by any
proposed construction, alteration, establishment, or expansion
of a structure described in section 44718 of title 49, United
States Code.
(2) Military mission impact zones.--The Secretary of
Defense shall publish a notice of the areas identified pursuant
to the study under paragraph (1). Such areas shall be known as
``military mission impact zones''.
(c) Effect of Department of Defense Hazard Assessment.--A notice
under subsection (a)(3) or (b)(2) shall not be considered to be a
substitute for any assessment required by the Secretary of
Transportation under section 44718 of title 49, United States Code.
(d) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.).
(e) Definitions.--In this section:
(1) The term ``military training route'' means a training
route developed as part of the Military Training Route Program,
carried out jointly by the Federal Aviation Administration and
the Secretary Defense, for use by the Armed Forces for the
purpose of conducting low-altitude, high-speed military
training.
(2) The term ``high value military training route'' means a
military training route that is in the highest quartile of
military training routes used by the Department of Defense with
respect to frequency of use.
(3) The term ``military installation'' has the meaning
given that term in section 2801(c)(4) of title 10, United
States Code.
(4) The term ``military operation'' means military
navigable airspace, including high value military training
routes, air defense radars, special use airspace, warning
areas, and other military related systems.
SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESISTANT UTILITY ENSEMBLES
FOR NATIONAL GUARD PERSONNEL IN CIVIL AUTHORITY MISSIONS.
It is the sense of Congress that the Chief of the National Guard
Bureau should issue fire-resistant utility ensembles to National Guard
personnel who are engaged, or likely to become engaged, in defense
support to civil authority missions that routinely involve serious fire
hazards, such as wildfire recovery efforts.
SEC. 360. 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. 361. RECOVERY OF MISSING DEPARTMENT OF DEFENSE PROPERTY.
(a) In General.--Section 2789 of title 10, United States Code, is
amended to read as follows:
``Sec. 2789. Recovery of Department of Defense property: unauthorized
or improper disposition
``(a) Prohibitions.--No member of the armed forces, civilian
employee of the Government, employee or agent of a contractor, or any
other person may sell, lend, pledge, barter, give, transfer, or
otherwise dispose of any clothing, arms, articles, equipment, or any
other military or Department of Defense property--
``(1) to any person not authorized to receive the property
in accordance with applicable requirements established by the
Department of Defense or a component thereof; or
``(2) in violation of applicable demilitarization
regulations of the Department of Defense or a component
thereof.
``(b) Seizure of Improperly Disposed of Property.--If a member of
the armed forces, civilian employee of the Government, employee or
agent of a contractor, or any other person has improperly disposed of
military or Department of Defense property in violation of subsection
(a), any civil or military officer of the United States or any State or
local law enforcement official may seize the property, wherever found.
Title to military or Department of Defense property disposed of in
violation of subsection (a) remains with the United States. Possession
of such property by a person who is neither a member of the armed
forces nor an official of the United States is prima facie evidence
that the property has been disposed of in violation of subsection (a).
``(c) Delivery of Seized Property.--Any official who seizes
property under subsection (b) and is not authorized to retain it for
the United States shall immediately 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.
``(d) Retroactive Enforcement Authorized.--This section shall apply
to any military or Department of Defense property which was the subject
of unauthorized disposition any time after January 1, 2002. This
section shall apply to significant military equipment which was the
subject of unauthorized disposition at any time.
``(e) Severability Clause.--In the event that any portion of this
section is held unenforceable, all other portions of this section shall
remain in full force and effect.
``(f) Definition.--In this section, 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.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 165 of such title is
amended to read as follows:
``2789. Recovery of Department of Defense property: unauthorized or
improper disposition.''.
SEC. 362. 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.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2011, as follows:
(1) The Army, 569,400.
(2) The Navy, 328,700.
(3) The Marine Corps, 202,100.
(4) The Air Force, 332,200.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 324,300.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 332,200.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2011, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 65,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 71,200.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2011, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,688.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,584.
(6) The Air Force Reserve, 2,992.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2011 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,720.
(4) For the Air National Guard of the United States,
22,394.
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2011, may not exceed the following:
(A) For the Army National Guard of the United
States, 2,520.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2011, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2011, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
(c) Conforming Amendment to Annual Limitation on Non-dual Status
Technicians for the Army National Guard.--Section 10217(c)(2) of title
10, United States Code, is amended by striking ``1,950'' and inserting
``2,870''.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2011, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Department of Defense for military personnel for
fiscal year 2011 a total of $138,540,700,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2011.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINTMENTS AND MANDATORY
RETIREMENTS.
(a) Age for Original Appointment as a Health Professions Officer.--
Section 532(d)(2) of title 10, United States Code, is amended by
striking ``reserve''.
(b) Additional Categories of Officers Eligible for Deferral of
Mandatory Retirement for Age.--Section 1251(b) of such title is
amended--
(1) in paragraph (1), by striking ``the officer will be
performing duties consisting primarily of providing patient
care or performing other clinical duties.'' and inserting ``the
officer--
``(A) will be performing duties consisting primarily of
providing patient care or performing other clinical duties; or
``(B) is in a category of officers designated under
subparagraph (D) of paragraph (2) whose duties will consist
primarily of the duties described in clause (i), (ii), or (iii)
of such subparagraph.''; and
(2) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) an officer in a category of officers designated by
the Secretary concerned for the purposes of this paragraph as
consisting of officers whose duties consist primarily of--
``(i) providing health care;
``(ii) performing other clinical care; or
``(iii) performing health-care related
administrative duties.''.
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE GRADE OF
W-1 BY COMMISSION AND STANDARDIZATION OF WARRANT OFFICER
APPOINTING AUTHORITY.
(a) Regular Officers.--
(1) Authority for appointments by commission in warrant
officer w-1 grade.--The first sentence of section 571(b) of
title 10, United States Code, is amended by striking ``by the
Secretary concerned'' and inserting ``, except that, with
respect to an armed force under the jurisdiction of the
Secretary of a military department, the Secretary may provide
by regulation that appointments in that grade shall be made by
commission''.
(2) Appointing authority.--The second sentence of section
571(b) of such title is amended by inserting before the period
at the end the following: ``, and appointments in the grade of
regular warrant officer, W-1 (whether by warrant or
commission), shall be made by the President, except that
appointments in that grade in the Coast Guard shall be made by
the Secretary of Homeland Security when it is not operating as
a service in the Department of the Navy''.
(b) Reserve Officers.--Subsection (b) of section 12241 of such
title is amended to read as follows:
``(b) Appointments in permanent reserve warrant officer grades
shall be made in the same manner as is prescribed for regular warrant
officer grades by section 571(b) of this title.''.
(c) Presidential Functions.--Except as otherwise provided by the
President by Executive order, the provisions of Executive Order No.
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 LIST OF OFFICERS
RECOMMENDED FOR PROMOTION.
(a) Active-duty List.--Section 629 of title 10, United States Code,
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Administrative Removal.--If an officer on the active-duty
list is discharged or dropped from the rolls, transferred to a retired
status, or found to have been erroneously included in a zone of
consideration, after having been recommended for promotion to a higher
grade under this chapter, but before being promoted, the officer shall
be administratively removed from the promotion list under regulations
prescribed by the Secretary concerned.''.
(b) Reserve Active-status List.--Section 14310 of such title is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Administrative Removal.--If an officer on the reserve active-
status list is discharged or dropped from the rolls, transferred to a
retired status, or found to have been erroneously included in a zone of
consideration, after having been recommended for promotion to a higher
grade under this chapter or after having been found qualified for
Federal recognition in the higher grade under title 32, but before
being promoted, the officer shall be administratively removed from the
promotion list under regulations prescribed by the Secretary
concerned.''.
SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR
SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD
PERFORMANCE AND OTHER REASONS.
(a) Active Duty.--Section 1187 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following new paragraphs:
``(2) Each member of the board shall be senior in rank or
grade to the officer being required to show cause for retention
on active duty.
``(3) At least one member of the board--
``(A) shall be in or above the grade of major or
lieutenant commander, if the grade of the officer being
required to show cause for retention on active duty is
below the grade of major or lieutenant commander; or
``(B) shall be in a grade above lieutenant colonel
or commander, if the grade of the officer being
required to show cause for retention on active duty is
major or lieutenant commander or above.'';
(2) in subsection (b), by striking ``that officer--'' and
all that follows through the period at the end and inserting
``that officer meets the grade requirements of subsection
(a)(2).''; and
(3) by adding at the end the following new subsection:
``(e) Regulations.--The Secretary of a military department may
prescribe regulations limiting the eligibility of officers to serve on
a board convened under this chapter to officers who, while otherwise
qualified, are in the opinion of the Secretary best suited for that
duty by reason of age, education, training, experience, length of
service, or temperament.''.
(b) Reserves.--Section 14906 of such title is amended--
(1) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following new paragraphs:
``(2) Each member of the board shall be senior in rank or
grade to the officer being required to show cause for retention
in an active status.
``(3) At least one member of the board--
``(A) shall be in or above the grade of major or
lieutenant commander, if the grade of the officer being
required to show cause for retention in an active
status is below the grade of major or lieutenant
commander; or
``(B) shall be in a grade above lieutenant colonel
or commander, if the grade of the officer being
required to show cause for retention in an active
status is major or lieutenant commander or above.'';
and
(2) by adding at the end the following new subsection:
``(c) Regulations.--The Secretary of a military department may
prescribe regulations limiting the eligibility of officers to serve on
a board convened under this chapter to officers who, while otherwise
qualified, are in the opinion of the Secretary best suited for that
duty by reason of age, education, training, experience, length of
service, or temperament.''.
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE
SERVICE AS A COMMISSIONED OFFICER REQUIRED FOR VOLUNTARY
RETIREMENT AS AN OFFICER.
(a) Army.--Section 3911(b)(2) of title 10, United States Code, is
amended by striking ``January 6, 2006, and ending on December 31,
2008'' and inserting ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by striking ``January 6, 2006, and ending on December 31,
2008'' and inserting ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
striking ``January 6, 2006, and ending on December 31, 2008'' and
inserting ``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2011 and ending on September 30,
2013''.
Subtitle B--Reserve Component Management
SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF THE RESERVE
COMPONENTS.
(a) Requirement; Exception.--Subsection (a)(1) of section 1142 of
title 10, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Within'' and inserting ``(A)
Within''; and
(B) by striking ``of each member'' and all that
follows through the period at the end of the sentence
and inserting the following: ``of--
``(i) each member of the armed forces whose discharge or
release from active duty is anticipated as of a specific date;
and
``(ii) each member of a reserve component not covered by
clause (i) whose discharge or release from service is
anticipated as of a specific date.''; and
(2) in the second sentence, by striking ``A notation of the
provision of such counseling'' and inserting the following:
``(B) A notation of the provision of preseparation counseling''.
(b) Clarification of Covered Matters.--Subsection (b)(7) of such
section is amended by striking ``from active duty''.
SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR NATIONAL GUARD
MEMBERS.
Subsection (a) of section 1552 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``military record of the
Secretary's department'' and inserting ``military record of an
armed force, including reserve components thereof, under the
jurisdiction of the Secretary''; and
(2) by adding at the end the following new paragraph:
``(5) In the case of a member of the National Guard, the authority
to correct any military record of the member under this section extends
only to records generated while the member was in Federal service and
does not apply to matters related to State government policy and
procedures related to its National Guard.''.
SEC. 513. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE FLAG
OFFICER ALLOCATION.
Section 12004(c) of title 10, United States Code, is amended--
(1) by striking paragraphs (2), (3), and (5); and
(2) by redesignating paragraph (4) as paragraph (2).
SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS (DUAL
STATUS) TO POSITIONS OUTSIDE AIR FORCE RESERVE UNIT
PROGRAM.
Section 10216(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a military technician (dual
status) who is employed by the Air Force Reserve in an area other than
the Air Force Reserve unit program, except that not more than 50 of
such technicians may be assigned outside of the unit program at the
same time.''.
SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL
STATUS MILITARY TECHNICIANS.
Section 10217 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) is hired as a temporary employee pursuant to the
exception for temporary employment provided by subsection (d)
and subject to the terms and conditions of such subsection.'';
and
(2) by adding at the end the following new subsection:
``(d) Exception for Temporary Employment.--(1) Notwithstanding
section 10218 of this title, the Secretary of the Army or the Secretary
of the Air Force may employ, for a period not to exceed 2 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 persons 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.''.
SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RESERVE FORCES POLICY
BOARD.
(a) Revised Structure and Functions.--Section 10301 of title 10,
United States Code, is amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board
``(a) Functions.--As provided in section 175 of this title, there
is in the Office of the Secretary of Defense a Reserve Forces Policy
Board. The Board shall serve as an independent adviser to the Secretary
of Defense to provide advice and recommendations to the Secretary on
strategies, policies, and practices designed to improve and enhance the
capabilities, efficiency, and effectiveness of the reserve components.
The Board shall report directly to the Secretary to provide independent
advice and recommendations to the Secretary on matters relating to the
and reserve components.
``(b) Membership.--The Board consists of 20 members, appointed or
designated as follows:
``(1) A civilian chairman appointed by the Secretary of
Defense, who shall be a person who the Secretary determines has
the knowledge of, and experience in, policy matters relevant to
national security and reserve component matters required to
carry out the duties of chairman.
``(2) Two reserve general officers designated by the
Secretary of Defense upon the recommendation of the Secretary
of the Army, one of whom shall be a member of the Army National
Guard of the United States and one of whom shall be a member of
the Army Reserve.
``(3) Two reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Navy,
one of whom shall be a Navy Reserve flag officer and one of
whom shall be a Marine Corps Reserve general officer.
``(4) Two reserve general officers designated by the
Secretary of Defense upon the recommendation of the Secretary
of the Air Force, one of whom shall be a member of the Air
National Guard of the United States and one of whom shall be a
member of the Air Force Reserve.
``(5) One Coast Guard flag officer designated by the
Secretary of Homeland Security when the Coast Guard is not
operating as a service within the Department of the Navy, or
designated by the Secretary of Defense, upon the recommendation
of the Secretary of the Navy, when the Coast Guard is operating
as a service in the Navy under section 3 of title 14.
``(6) Ten persons appointed or designated by the Secretary
of Defense, each of whom shall be a United States citizen and
have significant knowledge of and experience in policy matters
relevant to national security and reserve component matters and
shall be one of the following:
``(A) An individual not employed in any Federal or
State department or agency.
``(B) An individual employed by a Federal or State
department or agency.
``(C) An officer of a regular component on active
duty, or an officer of a reserve component in an active
status, who has served or is serving in a senior
position on the Joint Staff, a combatant command
headquarters staff, or a service headquarters staff.
``(7) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general or flag officer recommended by
the chairman and designated by the Secretary of Defense, who
shall serve without vote--
``(A) as military adviser to the chairman;
``(B) as military executive officer of the Board;
and
``(C) as supervisor of the Board operations and
staff.
``(8) A senior enlisted member of a reserve component
recommended by the chairman and appointed by the Secretary of
Defense, who shall serve without vote as enlisted military
adviser to the chairman.
``(c) Independent Advice.--In the case of a member of the Board who
is an officer or employee of the Department of Defense or a member of
the armed forces, the advice provided in that member's capacity as a
member of the Board shall be rendered independently of the Board
member's other duties as an officer or employee of the Department of
Defense or member of the armed forces.
``(d) Matters to Be Acted on.--The Board shall act on those matters
referred to it by the chairman and on any matter raised by a member of
the Board.
``(e) Staff.--The Board shall be supported by a staff consisting of
one full-time officer from each of the reserve components listed in
paragraphs (1) through (6) of section 10101 of this title who holds the
grade of colonel, or in the case of the Navy the grade of captain, or
who has been selected for promotion to that grade. These officers shall
also serve as liaisons between their respective components and the
Board. They shall perform their staff and liaison duties under the
supervision of the military executive in an independent manner
reflecting the independent nature of the Board.
``(f) Relationship to Service Reserve Policy Committees and
Boards.--This section does not affect the committees and boards
prescribed within the military departments by sections 10302 through
10305 of this title, and a member of such a committee or board may, if
otherwise eligible, be a member of the Board.''.
(b) Board Membership Transition Provision.--The members of the
Reserve Forces Policy Board as of the date of the enactment of this Act
shall continue to serve on the Board in accordance with their
respective terms of service as of such date, and except to ensure that
the positions of chairman and military executive of the Board continue
to be filled, and to ensure that the reserve components listed in
paragraphs (1) through (7) of section 10101 of title 10, United States
Code, continue to have representation, no appointment or designation of
a member of the Board may be made after such date until the number of
voting members of the Board is fewer than 18. Once the number of voting
members is fewer than 18, vacancies in the Board membership shall be
filled in accordance with section 10301 of title 10, United States
Code, as amended by subsection (a).
(c) Revision to Annual Report Requirement.--Section 113(c)(2) of
title 10, United States Code, is amended by striking ``the reserve
programs of the Department of Defense and on any other matters'' and
inserting ``any reserve component matter''.
SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDICIAL REMEDIES FOR
NATIONAL GUARD TECHNICIANS.
(a) Elimination of Restricted Right of Appeal.--
(1) Current restriction to adjutant general.--Subsection
(f) of section 709 of title 32, United States Code, is amended
by striking paragraph (4).
(2) Stylistic and conforming amendments.--Such subsection
is further amended--
(A) by striking the material preceding paragraph
(1);
(B) by capitalizing the first word in paragraphs
(1), (2), (3), and (5);
(C) by striking the semicolon at the end of
paragraphs (1), (2), and (3) and inserting a period;
(D) by redesignating paragraph (5) as paragraph
(4); and
(E) by adding at the end the following new
paragraph:
``(5) This subsection shall be carried out under
regulations prescribed by the Secretary concerned.''.
(b) Application of Certain Title 5 Provisions.--Section 709(g) of
title 32, United States Code, is amended by striking ``Sections 2108,
3502, 7511, and 7512'' and inserting ``Section 2108''.
(c) Application of Adverse Actions Subchapter.--Section 7511(b) of
title 5, United States Code, is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
Subtitle C--Joint Qualified Officers and Requirements
SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR
PURPOSES OF JOINT OFFICER MANAGEMENT.
Section 668(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``multiple'' in the matter
preceding subparagraph (A) and inserting
``integrated''; and
(B) by striking ``and'' at the end of the
subparagraph (D) and inserting ``or''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) In the context of joint matters, the term `integrated
military forces' refers to military forces that are involved in the
planning or execution (or both) of operations involving participants
from--
``(A) more than one military department; or
``(B) a military department and one or more of the
following:
``(i) Other departments and agencies of the United
States.
``(ii) The military forces or agencies of other
countries.
``(iii) Non-governmental persons or entities.''.
SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION BOARDS FOR JOINT
QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF
EXPERIENCE.
(a) Board Composition.--Subsection (c) of section 612 of title 10,
United States Code, is amended to read as follows:
``(c)(1) Each selection board convened under section 611(a) of this
title that will consider an officer described in paragraph (2) shall
include at least one officer designated by the Chairman of the Joint
Chiefs of Staff who is a joint qualified officer.
``(2) Paragraph (1) applies with respect to an officer who--
``(A) is serving in, or has served in, a joint duty
assignment;
``(B) is serving on, or has served on, the Joint Staff; or
``(C) is a joint qualified officer.
``(3) The Secretary of Defense may waive the requirement in
paragraph (1) in the case of--
``(A) any selection board of the Marine Corps; or
``(B) any selection board that is considering officers in
specialties identified in paragraph (2) or (3) of section
619a(b) of this title.''.
(b) Information Furnished to Selection Boards.--Section 615 of such
title is amended by striking ``in joint duty assignments of officers
who are serving, or have served, in such assignments'' in subsections
(b)(5) and (c) and inserting ``of officers who are serving on, or have
served on, the Joint Staff or are joint qualified officers''.
(c) Action on Report of Selection Boards.--Section 618(b) of such
title is amended--
(1) in paragraph (1), by striking ``are serving, or have
served, in joint duty assignments'' and inserting ``are serving
on, or have served on, the Joint Staff or are joint qualified
officers'';
(2) in subparagraphs (A) and (B) of paragraph (2), by
striking ``in joint duty assignments of officers who are
serving, or have served, in such assignments'' and inserting
``of officers who are serving on, or have served on, the Joint
Staff or are joint qualified officers''; and
(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''.
SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR
DISCHARGE FROM ACTIVE DUTY (DD FORM 214).
Section 596 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--
(1) by inserting ``(a) Election to Forward Certificate to
VA Offices--'' before ``The Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Secure Method of Electronic Delivery.--
``(1) Development and implementation.--The Secretary of
Veterans Affairs, in consultation with the Secretary of
Defense, shall develop and implement a secure electronic method
of forwarding the DD Form 214 to the appropriate office
specified in subsection (a)(2). The Secretary of Veterans
Affairs shall ensure that the method permits such offices to
access the forms electronically using current computer
operating systems.
``(2) Authority to cease delivery.--In developing the
secure electronic method of forwarding DD Forms 214, the
Secretary of Veterans Affairs shall ensure that the information
provided is not disclosed or used for unauthorized purposes and
may cease forwarding the forms electronically to an office
specified in subsection (a)(2) if demonstrated problems
arise.''.
Subtitle D--General Service Authorities
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS OF
THE ARMED FORCES TO ACTIVE DUTY IN HIGH-DEMAND, LOW-
DENSITY ASSIGNMENTS.
(a) Extension of Authority.--Section 688a(f) of title 10, United
States Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2012''.
(b) Report Required.--Not later than April 1, 2011, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing an
assessment by the Secretary of the need to extend the authority
provided by section 688a of title 10, United States Code, beyond
December 31, 2012. The report shall include, at a minimum, the
following:
(1) A list of the current types of high-demand, low-density
capabilities (as defined in such section) for which the
authority is being used to address operational requirements.
(2) For each high-demand, low-density capability included
in the list under paragraph (1), the number of retired members
of the Armed Forces who have served on active duty at any time
during each of fiscal years 2007 through 2010 under the
authority.
(3) A plan to increase the required active duty strength
for the high-demand, low-density capabilities included in the
list under paragraph (1) to eliminate the need to use the
authority.
SEC. 532. CORRECTION OF MILITARY RECORDS.
(a) Improved Documentation of Correction Board Decisions.--Section
1552(a)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) In establishing correction procedures under subparagraph (A),
the Secretary of a military department shall require that a board
established under subsection (a)(1) present its findings and
conclusions in an orderly and itemized fashion, with specific attention
given to each issue presented by the claimant (or heir or
representative) who requested the correction. This requirement applies
to a request for correction received after the date of the enactment of
this subparagraph, both during initial consideration of the request and
upon subsequent consideration due to appeal or other circumstances.''.
(b) Improved Documentation of Review Board Decisions Regarding
Discharge or Dismissal.--Section 1553(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) In establishing review procedures for use by a board
established under this section, the Secretary of a military department
shall require that the board present its findings and conclusions in an
orderly and itemized fashion, with specific attention given to each
issue presented by the person who requested the review. This
requirement applies to a request for review received after the date of
the enactment of this paragraph, both during initial consideration of
the request and upon subsequent consideration due to appeal or other
circumstances.''.
(c) Boards Reviewing Retirement or Separation Without Pay for
Physical Disability.--
(1) Members eligible to request review.--Subsection (a) of
section 1554 of such title is amended--
(A) by striking ``an officer'' and inserting ``a
member or former member of the uniformed services'';
and
(B) by striking ``his case'' and inserting ``the
member's case''.
(2) Improved documentation of board decisions.--Subsection
(b) of such section is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:
``(2) In establishing review procedures for use by a board
established under this section, the Secretary of a military department
shall require that the board present its findings and conclusions in an
orderly and itemized fashion, with specific attention given to each
issue presented by the person who requested the review. This
requirement applies to a request for review received after the date of
the enactment of this paragraph, both during initial consideration of
the request and upon subsequent consideration due to appeal or other
circumstances.''.
(d) Limitation on Reduction in Personnel Assigned to Duty With
Service Review Agency.--1559(a) of such title is amended by striking
``December 31, 2010'' and inserting ``December 31, 2013''.
SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY (DD FORM 214) TO SPECIFICALLY IDENTIFY A
SPACE FOR INCLUSION OF E-MAIL ADDRESS.
The Secretary of Defense shall modify the Certificate of Release or
Discharge from Active Duty (DD Form 214) to include a new Block, 19c.,
titled ``electronic mailing (e-mail) address after separation'' in
order to permit a member of the Armed Forces to include an email
address at which the member may be reached after the member's discharge
or release.
SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE REVIEW OF MILITARY OCCUPATIONAL
SPECIALTIES AVAILABLE TO FEMALE MEMBERS.
(a) Findings.--Congress make the following findings:
(1) Women are and have historically been an import part of
all United States war efforts, voluntarily serving in every
military conflict in United States history, including the
Revolutionary War.
(2) Approximately 34,000 women served in the Armed Forces
in World War I, approximately 400,000 served in World War II,
approximately 120,000 served in the Korean War, over 7,000
served in the Vietnam War, and more than 41,000 served in the
first Gulf War.
(3) Over 350,000 women serving in the Armed Forces make up
approximate 15 percent of all active duty personnel, 15 percent
of Reserves, and 17 percent of the National Guard.
(4) Over 225,349 women have served in Operation Iraqi
Freedom or Operation Enduring Freedom as members of the Armed
Forces.
(5) At least 120 female members of the Armed Forces have
been killed in Iraq or Afghanistan, and, of the women killed,
66 were killed in combat.
(6) The nature of war has changed in Iraq and Afghanistan,
and, despite the prohibition on female members of the Armed
Forces serving in combat, so has the role of female members of
the Armed Forces.
(b) Official Recognition.--Congress--
(1) honors women who have served, and women who are
currently serving, as members of the Armed Forces; and
(2) encourages all people in the United States to recognize
the service and achievements of female members of the Armed
Forces and female veterans.
(c) Reviews Required.--
(1) Reviews; elements.--The Secretary of Defense shall
conduct a review of military occupational positions available
to female members of the Armed Forces for the purpose of
ensuring that female members have the maximum opportunity to
compete and excel in the Armed Forces. The Secretary of
Defense, in coordination with the Secretaries of the military
departments, also shall review the collocation policy and other
policies and regulations that restrict the service of female
members to determine whether changes are needed, including
legislative change, if necessary, to enhance the ability of
women to serve in the Armed Forces.
(2) Submission of results.--Not later than February 1,
2011, the Secretary of Defense shall submit to the
congressional defense committee a report containing the results
of the reviews.
SEC. 535. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS OF
THE ARMED FORCES AND THEIR SPOUSES.
Section 1142(b) of title 10, United States Code, is amended--
(1) in paragraph (5), by striking ``job placement
counseling for the spouse'' and inserting ``inclusion of the
spouse when counseling regarding the matters covered by
paragraphs (9), (10), and (16) is provided, job placement
counseling for the spouse, and the provision of information on
survivor benefits available under the laws administered by the
Secretary of Defense or the Secretary of Veterans Affairs'';
(2) in paragraph (9), by inserting before the period the
following: ``, including information on budgeting, saving,
credit, loans, and taxes'';
(3) in paragraph (10), by striking ``and employment'' and
inserting ``, employment, and financial'';
(4) by striking paragraph (16) and inserting the following
new paragraph:
``(16) Information on home loan services and housing
assistance benefits available under the laws administered by
the Secretary of Veterans Affairs and counseling on responsible
borrowing practices.''; and
(5) in paragraph (17), by inserting before the period the
following: ``, and information regarding the means by which the
member can receive additional counseling regarding the member's
actual entitlement to such benefits and apply for such
benefits''.
SEC. 536. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) Comprehensive Review on the Implementation of a Repeal of 10
U.S.C. 654.--
(1) In general.--On March 2, 2010, the Secretary of Defense
issued a memorandum directing the Comprehensive Review on the
Implementation of a Repeal of 10 U.S.C. 654 (section 654 of
title 10, United States Code).
(2) Objectives and scope of review.--The Terms of Reference
accompanying the Secretary's memorandum established the
following objectives and scope of the ordered review:
(A) Determine any impacts to military readiness,
military effectiveness and unit cohesion, recruiting/
retention, and family readiness that may result from
repeal of the law and recommend any actions that should
be taken in light of such impacts.
(B) Determine leadership, guidance, and training on
standards of conduct and new policies.
(C) Determine appropriate changes to existing
policies and regulations, including but not limited to
issues regarding personnel management, leadership and
training, facilities, investigations, and benefits.
(D) Recommend appropriate changes (if any) to the
Uniform Code of Military Justice.
(E) Monitor and evaluate existing legislative
proposals to repeal 10 U.S.C. 654 and proposals that
may be introduced in the Congress during the period of
the review.
(F) Assure appropriate ways to monitor the
workforce climate and military effectiveness that
support successful follow-through on implementation.
(G) Evaluate the issues raised in ongoing
litigation involving 10 U.S.C. 654.
(b) Effective Date.--The amendments made by subsection (f) shall
take effect 60 days after the date on which the last of the following
occurs:
(1) The Secretary of Defense has received the report
required by the memorandum of the Secretary referred to in
subsection (a).
(2) The President transmits to the congressional defense
committees a written certification, signed by the President,
the Secretary of Defense, and the Chairman of the Joint Chiefs
of Staff, stating each of the following:
(A) That the President, the Secretary of Defense,
and the Chairman of the Joint Chiefs of Staff have
considered the recommendations contained in the report
and the report's proposed plan of action.
(B) That the Department of Defense has prepared the
necessary policies and regulations to exercise the
discretion provided by the amendments made by
subsection (f).
(C) That the implementation of necessary policies
and regulations pursuant to the discretion provided by
the amendments made by subsection (f) is consistent
with the standards of military readiness, military
effectiveness, unit cohesion, and recruiting and
retention of the Armed Forces.
(c) No Immediate Effect on Current Policy.--Section 654 of title
10, United States Code, shall remain in effect until such time that all
of the requirements and certifications required by subsection (b) are
met. If these requirements and certifications are not met, section 654
of title 10, United States Code, shall remain in effect.
(d) Benefits.--Nothing in this section, or the amendments made by
this section, shall be construed to require the furnishing of benefits
in violation of section 7 of title 1, United States Code (relating to
the definitions of ``marriage'' and ``spouse'' and referred to as the
``Defense of Marriage Act'').
(e) No Private Cause of Action.--Nothing in this section, or the
amendments made by this section, shall be construed to create a private
cause of action.
(f) Treatment of 1993 Policy.--
(1) Title 10.--Upon the effective date established by
subsection (b), chapter 37 of title 10, United States Code, is
amended--
(A) by striking section 654; and
(B) in the table of sections at the beginning of
such chapter, by striking the item relating to section
654.
(2) Conforming amendment.--Upon the effective date
established by subsection (b), section 571 of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654
note) is amended by striking subsections (b), (c), and (d).
Subtitle E--Military Justice and Legal Matters
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO COMPLETE
DISCIPLINARY ACTION.
Section 580 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) A warrant officer subject to discharge or retirement under
this section, but against whom any action has been commenced with a
view to trying the officer by court-martial, may be continued on active
duty, without prejudice to such action, until the completion of such
action.''.
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY JUSTICE
PROCEEDINGS.
(a) In General.--Section 848 of title 10, United States Code
(article 48 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 848. Art. 48. Contempts
``(a) Authority to Punish Contempt.--A military judge detailed to a
court-martial, a court of inquiry, the Court of Appeals for the Armed
Forces, a Court of Criminal Appeals, a provost court, or a military
commission (other than a military commission established under chapter
47A of this title) may punish for contempt any person who--
``(1) uses any menacing word, sign, or gesture in the
presence of the military judge during the proceedings of the
court-martial, court, or military commission;
``(2) disturbs the proceedings of the court-martial, court,
or military commission by any riot or disorder; or
``(3) willfully disobeys its lawful writ, process, order,
rule, decree, or command.
``(b) Punishment.--A person punished for contempt under this
section may be confined for not more than 30 days, fined in an amount
of not more than $1,000, or both.''.
(b) Effective Date.--Section 848 of title 10, United States Code
(article 48 of the Uniform Code of Military Justice), as amended by
subsection (a), shall apply with respect to acts of contempt committed
after the date of the enactment of this Act.
SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF INFORMATION
CONTAINED IN CRIMINAL INVESTIGATIVE REPORT OR IN INDEX
MAINTAINED FOR LAW ENFORCEMENT RETRIEVAL AND ANALYSIS.
(a) Limitations.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1034 the following new section:
``Sec. 1034a. Criminal investigative report or index maintained for law
enforcement retrieval and analysis: limitations on use in
personnel actions
``(a) Prohibition on Use in Personnel Actions.--Except as provided
in subsection (b), information relating to the titling or indexing of a
member of the armed forces contained in any criminal investigative
report prepared by any entity of the Department of Defense or index
maintained by any entity of the Department of Defense for the purpose
of potential retrieval and analysis by Department law enforcement
organizations may not be used in connection with any personnel action
involving the member.
``(b) Authorized Exceptions.--The prohibition in subsection (a)
does not preclude the use of information relating to the titling or
indexing of a member--
``(1) in connection with law enforcement activities;
``(2) in a judicial or administrative action involving the
member regarding the alleged offense referenced in the criminal
investigative report or index; or
``(3) in a personnel action if--
``(A) the member has been adjudged guilty of the
alleged offense referenced in the criminal
investigative report or index by military non-judicial
or judicial proceedings or by civilian judicial
proceedings;
``(B) a record of the proceedings is presented in
connection with the personnel action; and
``(C) the member is provided the opportunity to
present additional information in response to the
record of the proceedings.
``(c) Definitions.--In this section:
``(1) Indexing.--The term `indexing' refers to the
procedure whereby a Department of Defense criminal
investigative agency submits identifying information concerning
subjects, victims, or incidentals of investigations for
addition to the Defense Clearance and Investigations Index.
``(2) Titling.--The term `titling' refers to the process by
which a Department of Defense criminal investigative agency
places the name of a person in the title block of a criminal
investigative report at a time when the agency has credible
information that the person committed a criminal offense. The
titling, however, does not connote any degree of guilt or
innocence.
``(3) Personnel action.--The term `personnel action', with
respect to a member, means any recommendation, action, or
decision impacting or affecting any aspect of the military
service of the member.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1034 the following new item:
``1034a. Criminal investigative report or index maintained for law
enforcement retrieval and analysis:
limitations on use in personnel actions.''.
SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Child Custody Protection.--Title II of the Servicemembers Civil
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end
the following new section:
``SEC. 208. CHILD CUSTODY PROTECTION.
``(a) Restriction on Change of Custody.--If a motion for change of
custody of a child of a servicemember is filed while the servicemember
is deployed in support of a contingency operation, no court may enter
an order modifying or amending any previous judgment or order, or issue
a new order, that changes the custody arrangement for that child that
existed as of the date of the deployment of the servicemember, except
that a court may enter a temporary custody order if the court finds
that it is in the best interest of the child.
``(b) Completion of Deployment.--In any preceding covered under
subsection (a), a court shall require that, upon the return of the
servicemember from deployment in support of a contingency operation,
the custody order that was in effect immediately preceding the date of
the deployment of the servicemember is reinstated, unless the court
finds that such a reinstatement is not in the best interest of the
child, except that any such finding shall be subject to subsection (c).
``(c) Exclusion of Military Service From Determination of Child's
Best Interest.--If a motion for the change of custody of the child of a
servicemember is filed, no court may consider the absence of the
servicemember by reason of deployment, or possibility of deployment, in
determining the best interest of the child.
``(d) No Federal Right of Action.--Nothing in this section shall
create a Federal right of action.
``(e) Preemption.--In any case where State or Federal law
applicable to a child custody proceeding under State or Federal law
provides a higher standard of protection to the rights of the parent
who is a servicemember than the rights provided under this section, the
State or Federal court shall apply the State or Federal standard.
``(f) Contingency Operation Defined.--In this section, the term
`contingency operation' has the meaning given that term in section
101(a)(13) of title 10, United States Code, except that the term may
include such other deployments as the Secretary may prescribe.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
II the following new item:
``208. Child custody protection.''.
SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC VIOLENCE
PROGRAMS.
(a) Immediate Actions Required.--
(1) Entry of data into law enforcement systems.--The
Secretary of Defense shall ensure that all command actions
related to domestic violence incidents involving members of the
Army, Navy, Air Force, or Marine Corps are entered into all
Department of Defense law enforcement systems.
(2) Issuance of family advocacy program guidance.--The
Secretary of Defense shall issue Department of Defense Family
Advocacy Program guidance.
(b) Implementation of Outstanding Comptroller General
Recommendations.--Consistent with the recommendations contained in the
report of the Comptroller General of the United States titled ``Status
of Implementation of GAO's 2006 Recommendations on the Department of
Defense's Domestic Violence Program'' (GAO-10-577R), the Secretary of
Defense shall complete, not later than 1 year after the date of
enactment of this Act, implementation of actions to address the
following recommendations:
(1) Defense incident-based reporting system.--The Secretary
of Defense shall develop a comprehensive management plan to
address deficiencies in the data captured in the Defense
Incident-Based Reporting System to ensure the system can
provide an accurate count of the domestic violence incidents
that are reported throughout the Department of Defense.
(2) Adequate personnel.--The Secretary of Defense shall
develop a plan to ensure that adequate personnel are available
to implement recommendations made by the Defense Task Force on
Domestic Violence.
(3) Domestic violence training data for chaplains.--The
Secretary of Defense shall develop a plan to collect domestic
violence training data for chaplains.
(4) Oversight framework.--The Secretary of Defense shall
develop an oversight framework for Department of Defense
domestic violence programs, to include oversight of
implementation of recommendations made by the Defense Task
Force on Domestic Violence, budgeting, and policy compliance.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report containing the planned actions required
under subsections (a) and (b).
SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DEPARTMENT OF DEFENSE
REPORT OF THE INDEPENDENT REVIEW RELATED TO FORT HOOD
PERTAINING TO OVERSIGHT OF THE ALLEGED PERPETRATOR OF THE
ATTACK.
(a) Release Required.--Not later than 10 days after the date of the
enactment of this Act, the Secretary of Defense shall release publicly
the restricted annex, described in subsection (b), that was part of the
January 2010 Department of Defense Report of the Independent Review
Related to Fort Hood and the attack there on November 5, 2009.
(b) Material Subject to Release; Exception.--The restricted annex
referred to in subsection (a) is the document described on page 9 of
the January 2010 Department of Defense Report of the Independent Review
Related to Fort Hood, which provided the detailed findings,
recommendations, and complete supporting discussions of the Independent
Review pertaining to the oversight of the alleged perpetrator of the
November 2009 attack. No part of the restricted annex shall be exempted
from public release, except--
(1) materials that the Secretary of Defense determines may
imperil, if disclosed, any criminal investigation or
prosecution related to the attack; and
(2) in accordance with section 1102 of title 10, United
States Code, the memorandum summarizing the results of the
medical quality assurance records relating to the care provided
patients by the alleged perpetrator of the attack.
Subtitle F--Member Education and Training Opportunities and
Administration
SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.
(a) Enlisted Members on Active Duty in Specified Military
Specialties.--Section 2171 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(g) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
16301 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(h) The Secretary of Defense may prescribe, by regulations,
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions
for making loan repayments. Such regulations may include exceptions
that would allow for the payment as a lump sum of any loan repayment
due to a member under a written agreement that existed at the time of a
member's death or disability.''.
(b) Members of Selected Reserve.--Section 16301 of such title is
amended by adding at the end the following new subsections:
``(h) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
2171 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(i) The Secretary of Defense may prescribe, by regulations,
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions
for making loan repayments. Such regulations may include exceptions
that would allow for the payment as a lump sum of any loan repayment
due to a member under a written agreement that existed at the time of a
member's death or disability.''.
SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF THE MILITARY SERVICE
ACADEMIES PARTICIPATING IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) United States Military Academy Graduates.--Section 4348(a) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in the Armed Forces
Health Professions Scholarship and Financial Assistance program
under subchapter I of chapter 105 of this title, the cadet will
fulfill any unserved obligation incurred under this section on
active duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation in
the program.''.
(b) United States Naval Academy Graduates.--Section 6959(a) of such
title is amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the midshipman participates in the Armed
Forces Health Professions Scholarship and Financial Assistance
program under subchapter I of chapter 105 of this title, the
midshipman will fulfill any unserved obligation incurred under
this section on active duty, regardless of the type of
appointment held, upon completion of, and in addition to, any
service obligation incurred under section 2123 of this title
for participation in the program.''.
(c) United States Air Force Academy Graduates.--Section 9348(a) of
such title is amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in the Armed Forces
Health Professions Scholarship and Financial Assistance program
under subchapter I of chapter 105 of this title, the cadet will
fulfill any unserved obligation incurred under this section on
active duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation in
the program.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to appointments to the United States Military
Academy, the United States Naval Academy, and the United States Air
Force Academy beginning with the first class of candidates nominated
for appointment to these military service academies after the date of
the enactment of this Act.
SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE
ACADEMIES FOR CERTAIN ENLISTED MEMBERS WHO SERVED DURING
OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.
(a) Waiver Authority.--The Secretary of the military department
concerned may waive the maximum age limitation specified in section
4346(a), 6958(a)(1), or 9346(a) of title 10, United States Code, for
the admission of a candidate to the United States Military Academy, the
United States Naval Academy, or the United States Air Force Academy, if
the candidate, otherwise satisfies the eligibility requirements for
admission to that academy, and--
(1) is an enlisted member of the Armed Forces and, as a
result of service on active duty in a theater of operations for
Operation Iraqi Freedom or Operation Enduring Freedom, was or
is prevented from being admitted to that academy before the
member reached the maximum age specified in such sections; or
(2) possesses an exceptional overall record that the
Secretary concerned determines sets the candidate apart from
all other candidates.
(b) Limitation of Waiver.--
(1) Maximum age.--A waiver may not be granted under
subsection (a) to a member of the Armed Forces described in
such subsection if the member would pass the member's twenty-
sixth birthday by July 1 of the year in which the member would
enter the military service academy.
(2) Maximum number.--No more than five members of the Armed
Forces may attend each of the military service academies at any
one time pursuant to a waiver granted under subsection (a)(2).
(c) Duration of Waiver Authority.--The authority to grant a waiver
under subsection (a) expires on September 30, 2015.
SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPANDING ENROLLMENT
AUTHORITY OF COMMUNITY COLLEGE OF THE AIR FORCE TO
INCLUDE ADDITIONAL MEMBERS OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report,
prepared in consultation with the Secretary of the Air Force,
evaluating the feasibility and cost of authorizing enlisted members of
the Army, Navy, Marine Corps and Coast Guard to enroll in Community
College of the Air Force programs offered under section 9315 of title
10, United States Code.
Subtitle G--Defense Dependents' Education
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2011 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $50,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2011 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$15,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of such
section 572.
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO
RESIDE IN TEMPORARY HOUSING IN DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The Secretary may, at the discretion of the Secretary,
permit dependents of members of the armed forces described in
subparagraph (B) to enroll in an educational program provided by the
Secretary pursuant to this subsection without regard to the requirement
in paragraph (1) with respect to residence on a military installation.
``(B) Subparagraph (A) applies only if--
``(i) the dependents reside in temporary housing
(regardless of whether the temporary housing is on Federal
property) in lieu of permanent living quarters on a military
installation; and
``(ii) the Secretary determines that the circumstances of
such living arrangements justify extending the enrollment
authority to include such dependents.
``(C) The Secretary shall prescribe regulations to ensure
consistent application of this paragraph.''.
Subtitle H--Decorations, Awards, and Commemorations
SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN RESPONSE
TO REVIEW OF PROPOSAL FOR AWARD OF A MEDAL OF HONOR NOT
PREVIOUSLY SUBMITTED IN TIMELY FASHION.
Section 1130(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If a determination under this section includes a favorable
recommendation for the award of the Medal of Honor, submission of the
detailed discussion of the rationale supporting the determination shall
be made through the Secretary of Defense.''.
SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF SPOUSES OF MEMBERS OF
THE ARMED FORCES.
(a) Establishment and Presentation of Lapel Buttons.--Chapter 57 of
title 10, United States Code, is amended by inserting after section
1126 the following new section:
``Sec. 1126a. Spouse of combat veteran lapel button: eligibility and
presentation
``(a) Design and Eligibility.--A lapel button, to be known as the
spouse-of-a-combat-veteran lapel button, shall be designed, as approved
by the Secretary of Defense, to identify and recognize the spouse of a
member of the armed forces who is serving or has served in a combat
zone for a period of more than 30 days.
``(b) Presentation.--The Secretary concerned may authorize the use
of appropriated funds to procure spouse-of-a-combat-veteran lapel
buttons and to provide for their presentation to eligible spouses of
members.
``(c) Exception to Time Period Requirement.--The 30-day periods
specified in subsections (a) and (b) do not apply if the member is
killed or wounded in the combat zone before the expiration the period.
``(d) License To Manufacture and Sell Lapel Buttons.--Section
901(c) of title 36 shall apply with respect to the spouse-of-a-combat-
veteran lapel button authorized by this section.
``(e) Combat Zone Defined.--In this section, the term `combat zone'
has the meaning given that term in section 112(c)(2) of the Internal
Revenue Code of 1986.
``(f) Regulations.--The Secretary of Defense shall issue such
regulations as may be necessary to carry out this section. The
Secretary shall ensure that the regulations are uniform for each armed
force to the extent practicable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1126 the following new item:
``1126a. Spouse-of-a-combat-veteran lapel button: eligibility and
presentation.''.
(c) Implementation.--It is the sense of Congress that, as soon as
practicable once the spouse-of-a-combat-veteran lapel button become
available, the Secretary of Defense--
(1) should widely announce the availability of spouse-of-a-
combat-veteran lapel buttons through military and public
information channels; and
(2) should encourage commanders at all levels to conduct
ceremonies recognizing the support provided by spouses of
members of the Armed Forces and to use the ceremonies as an
opportunity for members to present their spouses with a spouse-
of-a-combat-veteran lapel button.
SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF CHILDREN OF MEMBERS OF
THE ARMED FORCES.
(a) Establishment and Presentation of Lapel Buttons.--Chapter 57 of
title 10, United States Code, is amended by inserting after section
1126a, as added by section 572, the following new section:
``Sec. 1126b. Children of members commemorative lapel button:
eligibility and presentation
``(a) Design and Eligibility.--A lapel button, to be known as the
children of military service members commemorative lapel button, shall
be designed, as approved by the Secretary of Defense, to identify and
recognize an eligible child dependent of a member of the armed forces
who serves on active duty for a period of more than 30 days.
``(b) Presentation.--The Secretary concerned may authorize the use
of appropriated funds to procure children of military service members
commemorative lapel buttons and to provide for their presentation to
eligible child dependents.
``(c) License To Manufacture and Sell Lapel Buttons.--Section
901(c) of title 36 shall apply with respect to the children of military
service members commemorative lapel button authorized by this section.
``(d) Eligible Child Dependent Defined.--In this section, the term
`eligible child dependent' means a dependent of a member of the armed
forces described in subparagraph (D) or (I) of section 1072(2) of this
title.
``(e) Regulations.--The Secretary of Defense shall issue such
regulations as may be necessary to carry out this section. The
Secretary shall ensure that the regulations are uniform for each armed
force to the extent practicable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1126a the following new item:
``1126b. Children of members commemorative lapel button: eligibility
and presentation.''.
(c) Implementation.--It is the sense of Congress that, as soon as
practicable once the children of military service members commemorative
lapel button become available, the Secretary of Defense--
(1) should widely announce the availability of children of
military service members commemorative lapel buttons through
military and public information channels; and
(2) should encourage commanders at all levels to conduct
ceremonies recognizing the support provided by children of
members of the Armed Forces and to use the ceremonies as an
opportunity for members to present their children with a
children of military service members commemorative lapel
button.
SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE STAR
MEDAL.
(a) Limitation on Eligible Persons.--Section 1133 of title 10,
United States Code, is amended to read as follows:
``Sec. 1133. Bronze Star: limitation on persons eligible to receive
``The decoration known as the `Bronze Star' may only be awarded to
a member of a military force who--
``(1) at the time of the events for which the decoration is
to be awarded, was serving in a geographic area in which
special pay is authorized under section 310 or paragraph (1) or
(3) of section 351(a) of title 37; or
``(2) receives special pay under section 310 or paragraph
(1) or (3) of section 351(a) of title 37 as a result of those
events.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 57 of such title is amended by striking the item relating to
section 1133 and inserting the following new item:
``1133. Bronze Star: limitation on persons eligible to receive.''.
(c) Application of Amendment.--The amendment made by subsection (a)
applies to the award of the Bronze Star after October 30, 2000.
SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED
IN MAYAGUEZ RESCUE OPERATION.
(a) In General.--The Secretary of the military department concerned
shall, upon the application of an individual who is an eligible
veteran, award that individual the Vietnam Service Medal,
notwithstanding any otherwise applicable requirements for the award of
that medal. Any such award shall be made in lieu of any Armed Forces
Expeditionary Medal awarded the individual for the individual's
participation in the Mayaguez rescue operation.
(b) Eligible Veteran.--For purposes of this section, the term
``eligible veteran'' means a member or former member of the Armed
Forces who was awarded the Armed Forces Expeditionary Medal for
participation in military operations known as the Mayaguez rescue
operation of May 12-15, 1975.
SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO CERTAIN MEMBERS
OF THE ARMY FOR ACTS OF VALOR DURING THE CIVIL WAR,
KOREAN WAR, OR VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized to award
the Medal of Honor under section 3741 of such title to the following
former members of the Army for conspicuous acts of gallantry and
intrepidity at the risk of their life and beyond the call of duty, as
described in subsection (b):
(1) First Lieutenant Alonzo H. Cushing, Civil War.
(2) Private John A. Sipe, Civil War.
(3) Chaplain (Captain) Emil J. Kapaun, Korean War.
(4) Specialist Four Robert L. Towles, Vietnam War.
(b) Acts of Valor Described.--
(1) First lieutenant alonzo h. cushing.--In the case of
First Lieutenant Alonzo H. Cushing, the acts of valor referred
to in subsection (a) are the actions of then First Lieutenant
Alonzo H. Cushing while in command of Battery A, 4th United
States Artillery, Army of the Potomac, at Gettysburg,
Pennsylvania, on July 3, 1863, during the American Civil War.
(2) Private john a. sipe.--In the case of Private John A.
Sipe, the acts of valor referred to in subsection (a) are the
actions of then Private John A. Sipe of Company I of the 205th
Regiment Pennsylvania Volunteers, part of the 2d Brigade, 3d
Division, 9th Corps, Army of the Potomac, on March 25, 1865,
during the American Civil War.
(3) Chaplain emil j. kapaun.--In the case of Chaplain
(Captain) Emil J. Kapaun, the acts of valor referred to in
subsection (a) are the actions of Chaplain Emil J. Kapaun of 3d
Battalion, 8th Cavalry Regiment, 1st Cavalry Division during
the Battle of Unsan on November 1 and 2, 1950, and while a
prisoner of war until his death on May 23, 1952, during the
Korean War.
(4) Specialist four robert l. towles.--In the case of
Specialist Four Robert L. Towles, the acts of valor referred to
in subsection (a) are the actions of then Specialist Four
Robert L. Towles of Company D, 2d Battalion, 7th Cavalry, 1st
Cavalry Division on November 17, 1965, during the Vietnam War
for which he was originally awarded the Bronze Star with ``V''
Device.
SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE
CROSS TO JAY C. COPLEY FOR ACTS OF VALOR DURING THE
VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army is authorized
and requested to award the Distinguished-Service Cross under section
3742 of such title to former Captain Jay C. Copley of the United States
Army for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Captain Jay C. Copley on May 5,
1968, as commander of Company C of the 1st Battalion, 50th Infantry,
173d Airborne Brigade during an engagement with a regimental-size enemy
force in Bin Dinh Province, South Vietnam.
SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE KOREAN WAR.
(a) Commemorative Program Authorized.--The Secretary of Defense may
establish and conduct a program to commemorate the 60th anniversary of
the Korean War (in this section referred to as the ``commemorative
program''). In conducting the commemorative program, the Secretary
shall coordinate and support other programs and activities of the
Federal Government, State and local governments, and other persons and
organizations in commemoration of the Korean War.
(b) Schedule.--If the Secretary of Defense establishes the
commemorative program, the Secretary shall determine the schedule of
major events and priority of efforts for the commemorative program to
achieve the commemorative objectives specified in subsection (c). The
Secretary may establish a committee to assist the Secretary in
determining the schedule and conducting the commemorative program.
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To thank and honor veterans of the Korean War,
including members of the Armed Forces who were held as
prisoners of war or listed as missing in action, for their
service and sacrifice on behalf of the United States.
(2) To thank and honor the families of veterans of the
Korean War for their sacrifices and contributions, especially
families who lost a loved one in the Korean War.
(3) To highlight the service of the Armed Forces during the
Korean War and the contributions of Federal agencies and
governmental and non-governmental organizations that served
with, or in support of, the Armed Forces.
(4) To pay tribute to the sacrifices and contributions made
on the home front by the people of the United States during the
Korean War.
(5) To provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
the Korean War.
(6) To highlight the advances in technology, science, and
medicine related to military research conducted during the
Korean War.
(7) To recognize the contributions and sacrifices made by
the allies of the United States during the Korean War.
(d) Use of The United States of America Korean War Commemoration
and Symbols.--Subsection (c) of section 1083 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1918), as amended by section 1067 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2134) and section 1052 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 764), shall apply to
the commemorative program.
(e) Commemorative Fund.--
(1) Establishment of new account.--If the Secretary of
Defense establishes the commemorative program, the Secretary
the Treasury shall establish in the Treasury of the United
States an account to be known as the ``Department of Defense
Korean War Commemoration Fund'' (in this section referred to as
the ``Fund'').
(2) Administration and use of fund.--The Fund shall be
available to, and administered by, the Secretary of Defense.
The Secretary shall use the assets of the Fund only for the
purpose of conducting the commemorative program and shall
prescribe such regulations regarding the use of the Fund as the
Secretary considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary
of Defense of the exclusive rights described in
subsection (c) of section 1083 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1918).
(C) Donations made in support of the commemorative
program by private and corporate donors.
(4) Availability.--Subject to paragraph (5), amounts in the
Fund shall remain available until expended.
(5) Treatment of unobligated funds; transfer.--If
unobligated amounts remain in the Fund as of September 30,
2013, the Secretary of the Treasury shall transfer the amounts
to the Department of Defense Vietnam War Commemorative Fund
established pursuant to section 598(e) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 113 note). The transferred amounts shall be merged with,
and available for the same purposes as, other amounts in the
Department of Defense Vietnam War Commemorative Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense
may accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary shall
prohibit the solicitation of any voluntary services if the
nature or circumstances of such solicitation would compromise
the integrity or the appearance of integrity of any program of
the Department of Defense or of any individual involved in the
program.
(2) Compensation for work-related injury.--A person
providing voluntary services under this subsection shall be
considered to be a Federal employee for purposes of chapter 81
of title 5, United States Code, relating to compensation for
work-related injuries. The person shall also be considered a
special governmental employee for purposes of standards of
conduct and sections 202, 203, 205, 207, 208, and 209 of title
18, United States Code. A person who is not otherwise employed
by the Federal Government shall not be considered to be a
Federal employee for any other purpose by reason of the
provision of voluntary services under this subsection.
(3) Reimbursement of incidental expenses.--The Secretary
may provide for reimbursement of incidental expenses incurred
by a person providing voluntary services under this subsection.
The Secretary shall determine which expenses are eligible for
reimbursement under this paragraph.
(g) Report Required.--If the Secretary of Defense conducts the
commemorative program, the Inspector General of the Department of
Defense shall submit to Congress, not later than 60 days after the end
of the commemorative program, a report containing an accounting of--
(1) all of the funds deposited into and expended from the
Fund;
(2) any other funds expended under this section; and
(3) any unobligated funds remaining in the Fund as of
September 30, 2013, that are transferred to the Department of
Defense Vietnam War Commemorative Fund pursuant to subsection
(e)(5).
(h) Limitation on Expenditures.--Using amounts appropriated to the
Department of Defense, the Secretary of Defense may not expend more
than $5,000,000 to carry out the commemorative program.
SEC. 579. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.
(a) Army.--
(1) In general.--Chapter 357 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3757. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Army shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge, to each
person who while a member of the Army served in combat on or after June
25, 1950, as a pilot or crew member of a helicopter medical evacuation
ambulance and who meets the requirements for the award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Army shall
prescribe requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3757. Combat Medevac Badge.''.
(b) Navy and Marine Corps.--
(1) In general.--Chapter 567 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 6259. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Navy shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge, to each
person who while a member of the Navy or Marine Corps served in combat
on or after June 25, 1950, as a pilot or crew member of a helicopter
medical evacuation ambulance and who meets the requirements for the
award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Navy shall
prescribe requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``6259. Combat Medevac Badge.''.
(c) Air Force.--
(1) In general.--Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8757. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Air Force shall issue a badge
of appropriate design, to be known as the Combat Medevac Badge, to each
person who while a member of the Air Force served in combat on or after
June 25, 1950, as a pilot or crew member of a helicopter medical
evacuation ambulance and who meets the requirements for the award of
that badge.
``(b) Eligibility Requirements.--The Secretary of the Air Force
shall prescribe requirements for eligibility for the Combat Medevac
Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8757. Combat Medevac Badge.''.
(d) Award for Service Before Date of Enactment.--In the case of
persons who, while a member of the Armed Forces, served in combat as a
pilot or crew member of a helicopter medical evacuation ambulance
during the period beginning on June 25, 1950, and ending on the date of
enactment of this Act, the Secretary of the military department
concerned shall issue the Combat Medevac Badge--
(1) to each such person who is known to the Secretary
before the date of enactment of this Act; and
(2) to each such person with respect to whom an application
for the issuance of the badge is made to the Secretary after
such date in such manner, and within such time period, as the
Secretary may require.
SEC. 580. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.
(a) Authority To Award.--The Secretary of the Army may award the
Army Combat Action Badge (established by order of the Secretary of the
Army through Headquarters, Department of the Army Letter 600-05-1,
dated June 3, 2005) to a person who, while a member of the Army,
participated in combat during which the person personally engaged, or
was personally engaged by, the enemy at any time during the period
beginning on December 7, 1941, and ending on September 18, 2001 (the
date of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the person
has not been previously recognized in an appropriate manner for such
participation.
(b) Procurement of Badge.--The Secretary of the Army may make
arrangements with suppliers of the Army Combat Action Badge so that
eligible recipients of the Army Combat Action Badge pursuant to
subsection (a) may procure the badge directly from suppliers, thereby
eliminating or at least substantially reducing administrative costs for
the Army to carry out this section.
SEC. 580A. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH AMERICAN
WORLD WAR I VETERANS.
(a) Review Required.--The Secretary of the Army and the Secretary
of the Navy shall review the service records of each Jewish American
World War I veteran described in subsection (b) to determine whether
that veteran should be posthumously awarded the Medal of Honor.
(b) Covered Jewish American War Veterans.--The Jewish American
World War I veterans whose service records are to be reviewed under
subsection (a) are the following:
(1) Any Jewish American World War I veteran who was
previously awarded the Distinguished Service Cross, the Navy
Cross, or other military decoration for service during World
War I.
(2) Any other Jewish American World War I veteran whose
name is submitted to the Secretary concerned for such purpose
by the Jewish War Veterans of the United States of America
before the end of the 1-year period beginning on the date of
the enactment of this Act.
(c) Consultations.--In carrying out the review under subsection
(a), the Secretary concerned shall consult with the Jewish War Veterans
of the United States of America and with such other veterans service
organizations as the Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary concerned
determines, based upon the review under subsection (a) of the service
records of any Jewish American World War I veteran, that the award of
the Medal of Honor to that veteran is warranted, the Secretary shall
submit to the President a recommendation that the President award the
Medal of Honor posthumously to that veteran.
(e) Authority to Award Medal of Honor.--A Medal of Honor may be
awarded posthumously to a Jewish American World War I veteran in
accordance with a recommendation of the Secretary concerned under
subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross, Navy Cross, or
other military decoration has been awarded.
(g) Definitions.--In this section:
(1) The term ``Jewish American World War I veteran'' means
any person who served in the Armed Forces during World War I
and identified himself or herself as Jewish on his or her
military personnel records.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, in the case of the
Army; and
(B) the Secretary of the Navy, in the case of the
Navy and the Marine Corps.
(3) The term ``World War I'' means the period beginning on
April 6, 1917, and ending on November 11, 1918.
Subtitle I--Military Family Readiness Matters
SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER OF DEPARTMENT OF DEFENSE
MILITARY FAMILY READINESS COUNCIL.
(a) Inclusion of Spouse of General or Flag Officer.--Subsection (b)
of section 1781a of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (E) as
subparagraph (F); and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) The spouse of a general or flag officer.''; and
(2) in paragraph (2), by striking ``subparagraphs (C) and
(D)'' and inserting ``subparagraphs (C), (D), and (E)''.
(b) Clarification of Appointment Options for Existing Member.--
Subparagraph (F) of subsection (b)(1) of such section, as redesignated
by subsection (a)(1)(A), is amended to read as follows:
``(F) In addition to the representatives appointed under
subparagraphs (B) and (C), the senior enlisted advisor, or the
spouse of a senior enlisted member, from each of the Army,
Navy, Marine Corps, and Air Force.''.
(c) Appointment by Secretary of Defense.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``, who shall
be appointed by the Secretary of Defense'';
(B) in subparagraph (C), by striking ``, who shall
be appointed by the Secretary of Defense'' both places
it appears; and
(C) in subparagraph (D), by striking ``by the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary of Defense shall appoint the members of the
Council required by subparagraphs (B) through (F) of paragraph (1).''.
SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUPPORT FOR MILITARY
FAMILIES WITH SPECIAL NEEDS.
Subsection (c) of section 1781c of title 10, United States Code, is
amended to read as follows:
``(c) Director.--(1) The head of the Office shall be the Director
of the Office of Community Support for Military Families With Special
Needs, who shall be a member of the Senior Executive Service or a
general officer or flag officer.
``(2) In the discharge of the responsibilities of the Office, the
Director shall be subject to the supervision, direction, and control of
the Under Secretary of Defense for Personnel and Readiness.''.
SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DEVELOPMENT COUNSELING
FOR MILITARY SPOUSES.
(a) Pilot Program Required.--Section 1784a of title 10, United
States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Personalized Career Development Counseling.--
``(1) Pilot program required.--The Secretary of Defense
shall conduct a pilot program designed to provide personalized
career development counseling to the spouses of members of the
armed forces eligible for assistance under this section,
including the development of strategies, step-by-step
guidelines, and customizable milestones--
``(A) to promote a comprehensive, introspective
review of personal skills, experience, goals, and
requirements with a view to developing a personalized
plan for career development;
``(B) to identify career options that are portable,
personally rewarding, and compatible with personal
strengths, skills, and experience;
``(C) to instruct and encourage the use of sound
personal and professional management practices; and
``(D) to plan career attainment progression
objectives and measure progress.
``(2) Incentives to fill critical civilian specialties.--In
conducting the pilot program, the Secretary shall consider
methods to provide incentives for program participants to fill
critical civilian specialties needed in the Department of
Defense, including the following:
``(A) Mental health and other health care.
``(B) Social work.
``(C) Family welfare.
``(D) Contract and acquisition management.
``(E) Personal financial management.
``(F) Day care services.
``(G) Education.
``(H) Military resale system.
``(I) Morale, welfare and recreation activities.
``(J) Law enforcement.
``(3) Process reviews.--The Secretary shall include in the
pilot program a periodic review, to be conducted by counselors,
of progress made by participants to determine if changes to
personal career strategies may be necessary.
``(4) Number of participants.--The Secretary of Defense
shall enroll at least 75 military spouses in the pilot program,
but not more than 150 military spouses.
``(5) Geographic coverage of pilot program.--The pilot
program shall be conducted in at least three separate
geographic areas, as determined by the Secretary of Defense.
``(6) Counselors.--The Secretary of Defense may enter into
contracts with career counselors to provide counseling services
under the pilot program. There shall be at least one counselor
in each of the geographic areas of the pilot program.
``(7) Annual evaluation.--The Secretary of Defense shall
conduct an annual evaluation of the pilot program to determine
the following:
``(A) The effectiveness of the pilot program in
improving the ability of participants to identify,
develop, and obtain employment in portable career
fields.
``(B) The self-reported levels of professional
satisfaction of participants.
``(C) The quality of careers selected and pursued.
``(D) The rates of success--
``(i) as determined and evaluated by
participants; and
``(ii) as determined by the Secretary.
``(8) Annual report.--
``(A) Report required.--The Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives an annual
report containing--
``(i) the results of the most-recent annual
evaluation conducted under paragraph (7); and
``(ii) the matters required by subparagraph
(B).
``(B) Contents.--Each report under this paragraph
shall contain, at a minimum, the following:
``(i) The number of participants in the
pilot program.
``(ii) Recommendations for adjustments to
the pilot program.
``(iii) Recommendations for extending the
pilot program or implementing a permanent
comprehensive career development for military
spouses.
``(C) Time for submission.--The first report under
this subsection shall be submitted not later than 1
year after the date of the commencement of counseling
services under the pilot program. Subsequent reports
shall be submitted for each year of the pilot program,
with the final report being submitted not later than 90
days after the termination of the pilot program.
``(9) Termination.--The pilot program shall terminate at
the end of the 3-year period beginning on the date on which the
Secretary of Defense notifies the Committees on Armed Services
of the Senate and the House of Representatives of the
commencement of counseling services under the pilot program.''.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Committees on Armed Services of the Senate and the House of
Representatives a plan to implement the pilot program under subsection
(d) of section 1784a of title 10, United States Code, as added by
subsection (a).
SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Office for Reintegration Programs.--Subsection (d)(1) of
section 582 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--
(1) by striking ``The Under'' and inserting the following:
``(A) In general.--The Under''; and
(2) in the last sentence--
(A) by striking ``The office may also'' and
inserting the following:
``(B) Partnerships and access.--The office may'';
(B) by inserting ``and the Department of Veterans
Affairs'' after ``Administration''; and
(C) by adding at the end the following new
sentence: ``Service and State-based programs may
provide access to curriculum, training, and support for
services to members and families from all
components.''.
(b) Center for Excellence in Reintegration.--Subsection (d)(2) of
such section is amended by adding at the end the following new
sentence: ``The Center shall develop and implement a process for
evaluating the effectiveness of the Yellow Ribbon Reintegration Program
in supporting the health and well-being of members of the Armed Forces
and their families throughout the deployment cycle described in
subsection (g)''.
(c) State Deployment Cycle Support Teams.--Subsection (f)(3) of
such section is amended by inserting ``and community-based
organizations'' after ``service providers''.
(d) Operation of Program During Deployment and Post-deployment-
reconstitution Phases.--Subsection (g) of such section is amended--
(1) in paragraph (3), by inserting ``and to decrease the
isolation of families during deployment'' after ``combat
zone''; and
(2) in paragraph (5)(A), by inserting ``, providing
information on employment opportunities,'' after
``communities''.
(e) Additional Outreach Service.--Subsection (h) of such section,
as amended by section 595(1) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 110-84; 123 Stat. 2338), is amended by
adding at the end the following new paragraph:
``(15) Resiliency training to promote comprehensive
programs for members of the Armed Forces to build mental and
emotional resiliency for successfully meeting the demands of
the deployment cycle.''.
SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUPPORT FOR MILITARY
FAMILIES WITH SPECIAL NEEDS.
(a) Sense of Congress.--It is the sense of Congress that the Office
of Community Support for Military Families with Special Needs, as
established pursuant to section 1781c of title 10, United States Code,
as added by section 563 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2304), is the best
structure--
(1) to determine what medical, educational, and other
support services are required by military families with
children who have a medical or educational special need; and
(2) to ensure that those services are made available to
military families with special needs.
(b) Specific Budgeting for Office.--Effective with the Program
Objective Memorandum to be issued for fiscal year 2012 and thereafter
and containing recommended programming and resource allocations for the
Department of Defense, the Secretary of Defense shall specifically
address the Office of Community Support for Military Families with
Special Needs to ensure that a separate line of funding is allocated to
the Office.
SEC. 586. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE OFFICE OF
COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL
NEEDS.
(a) Report Required.--The Comptroller General of the United States
shall prepare a report identifying--
(1) the progress made in implementing the Office of
Community Support for Military Families with Special Needs, as
established pursuant to section 1781c of title 10, United
States Code, as added by section 563 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2304);
(2) the policies governing the operation of the Office; and
(3) any gaps that still exist in ensuring that members of
the Armed Forces who have dependents with special needs receive
the support and services they deserve.
(b) Elements of Report.--In the report required by subsection (a),
the Comptroller General shall specifically address the following:
(1) The implementation of the responsibilities and duties
assigned to the Office of Community Support for Military
Families With Special Needs pursuant to subsections (d), (e),
and (f) of section 1781c of title 10, United States Code.
(2) The manner in which the Department of Defense and the
military departments intend to ensure that feedback is provided
to the Office of Community Support for Military Families With
Special Needs to ensure that the services and policy put in
place are appropriate.
(c) Recommendations.--The Comptroller General shall include in the
report required by subsection (a) specific recommendations on the
establishment, reporting requirements, internal monitoring, and
oversight of the Office of Community Support for Military Families With
Special Needs by the Under Secretary of Defense for Personnel and
Readiness to ensure that the mission of the Office is being
accomplished.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit the report
required by subsection (a) to the congressional defense committees.
SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEPTIONAL FAMILY MEMBER
PROGRAM.
(a) Assessment Required.--The Comptroller General of the United
States shall conduct an assessment of the Exceptional Family Member
Program of the Department of Defense to review the operation of the
program in each of the Armed Forces, including program policies, best
practices, execution, implementation and strategic planning, to
determine program variances and to make recommendations to improve and
standardize program effectiveness and support for members of the Armed
Forces who have dependents with special needs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report containing the results of the
assessment and review under subsection (a).
SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE MILITARY
SPOUSE EMPLOYMENT PROGRAMS.
(a) Comptroller General Review.--The Comptroller General of the
United States shall carry out a review of all Department of Defense
spouse employment programs.
(b) Elements of Review.--At a minimum, the review shall address the
following:
(1) The efficacy and effectiveness of Department of Defense
spouse employment programs.
(2) All current Department of Defense programs that are in
place to support military spouses or dependents for the
purposes of employment assistance.
(3) The types of military spouse employment programs that
have been considered or used in the past by the Department of
Defense.
(4) The ways in which military spouse employment programs
have changed in recent years.
(5) The benefits or programs that are specifically
available to support military spouses of members of the Armed
Forces serving in Operation Iraqi Freedom or Operation Enduring
Freedom.
(6) The existing feedback mechanisms available for military
spouses to express their views on the effectiveness and future
direction of relevant Department of Defense programs and
policies.
(7) The degree of oversight provided by the Office of
Personnel and Management regarding military spouse preferences.
(c) Submission of Results.--Not later than March 1, 2011, the
Comptroller General shall submit to the congressional defense
committees a report containing--
(1) the results of the review;
(2) the assumptions upon which the review was based and the
validity and completeness of such assumptions; and
(3) such recommendations as the Comptroller General
considers necessary for improving Department of Defense spouse
employment programs.
SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY SPOUSE EDUCATION
PROGRAMS.
(a) Review Required.--The Secretary of Defense shall carry out a
review of all Department of Defense education programs designed to
support spouses of members of the Armed Forces.
(b) Elements of Review.--At a minimum, the review shall evaluate
the following:
(1) All current Department of Defense programs that are in
place to advance military spouse education opportunities.
(2) The efficacy and effectiveness of Department of Defense
spouse education programs.
(3) The effect that a lack military spouse education
opportunities has on the ability to retain members of the Armed
Forces.
(4) A comparison of the costs associated with providing
military spouse education opportunities to retain members
rather than recruiting or training new members.
(c) Submission of Results.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) the results of the review; and
(2) such recommendations as the Secretary considers
necessary for improving Department of Defense spouse education
programs.
SEC. 590. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Part III of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE
UNIFORMED SERVICES
``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.
``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.
``Sec. 4401. Definitions
``In this chapter:
``(1) The terms `benefit', `rights and benefits',
`employee', `employer', and `uniformed services' have the
meaning given such terms in section 4303 of this title.
``(2) The term `contingency operation' has the same meaning
given such term in section 101(a)(13) of title 10.
``(3) The term `eligible employee' means an individual who
is--
``(A) a family member of a member of a uniformed
service;
``(B) an employee of the employer with respect to
whom leave is requested under section 4402 of this
title; and
``(C) not entitled to leave under section
102(a)(1)(E) of the Family Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)(E)).
``(4) The term `family member' means an individual who is,
with respect to another individual, one of the following:
``(A) The spouse of the other individual.
``(B) A son or daughter of the other individual.
``(C) A parent of the other individual.
``(5) The term `reduced leave schedule' means a leave
schedule that reduces the usual number of hours per workweek,
or hours per workday, of an employee.
``(6) The terms `spouse', `son or daughter', and `parent'
have the meaning given such terms in section 101 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611).
``Sec. 4402. Leave requirement
``(a) Entitlement to Leave.--In any 12-month period, an eligible
employee shall be entitled to two workweeks of leave for each family
member of the eligible employee who, during such 12-month period--
``(1) is in the uniformed services; and
``(2)(A) receives notification of an impending call or
order to active duty in support of a contingency operation; or
``(B) is deployed in connection with a contingency
operation.
``(b) Leave Taken Intermittently or on Reduced Leave Schedule.--(1)
Leave under subsection (a) may be taken by an eligible employee
intermittently or on a reduced leave schedule as the eligible employee
considers appropriate.
``(2) The taking of leave intermittently or on a reduced leave
schedule pursuant to this subsection shall not result in a reduction in
the total amount of leave to which the eligible employee is entitled
under subsection (a) beyond the amount of leave actually taken.
``(c) Paid Leave Permitted.--Leave granted under subsection (a) may
consist of paid leave or unpaid leave as the employer of the eligible
employee considers appropriate.
``(d) Relationship to Paid Leave.--(1) If an employer provides paid
leave to an eligible employee for fewer than the total number of
workweeks of leave that the eligible employee is entitled to under
subsection (a), the additional amount of leave necessary to attain the
total number of workweeks of leave required under subsection (a) may be
provided without compensation.
``(2) An eligible employee may elect, and an employer may not
require the eligible employee, to substitute any of the accrued paid
vacation leave, personal leave, or family leave of the eligible
employee for leave provided under subsection (a) for any part of the
total period of such leave the eligible employee is entitled to under
such subsection.
``(e) Notice for Leave.--In any case in which an eligible employee
chooses to use leave under subsection (a), the eligible employee shall
provide such notice to the employer as is reasonable and practicable.
``Sec. 4403. Certification
``(a) In General.--An employer may require that a request for leave
under section 4402(a) of this title be supported by a certification of
entitlement to such leave.
``(b) Timeliness of Certification.--An eligible employee shall
provide, in a timely manner, a copy of the certification required by
subsection (a) to the employer.
``(c) Sufficient Certification.--A copy of the notification, call,
or order described in section 4402(a)(2) of this title shall be
considered sufficient certification of entitlement to leave for
purposes of providing certification under this section. The Secretary
may prescribe such additional forms and manners of certification as the
Secretary considers appropriate for purposes of providing certification
under this section.
``Sec. 4404. Employment and benefits protection
``(a) In General.--An eligible employee who takes leave under
section 4402 of this title for the intended purpose of the leave shall
be entitled, on return from such leave--
``(1) to be restored by the employer to the position of
employment held by the eligible employee when the leave
commenced; or
``(2) to be restored to an equivalent position with
equivalent rights and benefits of employment.
``(b) Loss of Benefits.--The taking of leave under section 4402 of
this title shall not result in the loss of any employment benefit
accrued prior to the date on which the leave commenced.
``(c) Limitations.--Nothing in this section shall be construed to
entitle any restored employee to--
``(1) the accrual of any seniority or employment benefits
during any period of leave; or
``(2) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the leave.
``Sec. 4405. Prohibited acts
``(a) Exercise of Rights.--It shall be unlawful for any employer to
interfere with, restrain, or deny the exercise of or the attempt to
exercise, any right provided under this chapter.
``(b) Discrimination.--It shall be unlawful for any employer to
discharge or in any other manner discriminate against any individual
for opposing any practice made unlawful by this chapter.
``Sec. 4406. Enforcement
``The provisions of subchapter III of chapter 43 of this title
shall apply with respect to the provisions of this chapter as if such
provisions were incorporated into and made part of this chapter.
``Sec. 4407. Miscellaneous provisions
``The provisions of subchapter IV of chapter 43 of this title shall
apply with respect to the provisions of this chapter as if such
provisions were incorporated into and made part of this chapter.''.
(b) Clerical Amendments.--The table of chapters at the beginning of
title 38, United States Code, and at the beginning of part III of such
title, are each amended by inserting after the item relating to chapter
43 the following new item:
``44. Annual Leave for Family of Deployed Members of the 4401.''.
Uniformed Services.
SEC. 590A. CODIFICATION AND CONTINUATION OF JOINT FAMILY SUPPORT
ASSISTANCE PROGRAM.
(a) Codification and Continuation.--Chapter 88, of title 10, United
States Code, is amended by inserting after section 1788 the following
new section:
``Sec. 1788a. Joint Family Support Assistance Program
``(a) Program Required.--The Secretary of Defense shall continue to
carry out the program known as the `Joint Family Support Assistance
Program' for the purpose of providing to families of members of the
armed forces the following types of assistance:
``(1) Financial and material assistance.
``(2) Mobile support services.
``(3) Sponsorship of volunteers and family support
professionals for the delivery of support services.
``(4) Coordination of family assistance programs and
activities provided by Military OneSource, Military Family Life
Consultants, counselors, the Department of Defense, other
Federal agencies, State and local agencies, and non-profit
entities.
``(5) Facilitation of discussion on military family
assistance programs, activities, and initiatives between and
among the organizations, agencies, and entities referred to in
paragraph (4).
``(6) Non-medical counseling.
``(7) Such other assistance that the Secretary considers
appropriate.
``(b) Locations.--The Secretary of Defense shall carry out the
program in at least six areas of the United States selected by the
Secretary. Up to three of the areas selected for the program shall be
areas that are geographically isolated from military installations.
``(c) Resources and Volunteers.--The Secretary of Defense shall
provide personnel and other resources of the Department of Defense
necessary for the implementation and operation of the program and may
accept and utilize the services of non-Government volunteers and non-
profit entities under the program.
``(d) Procedures.--The Secretary of Defense shall establish
procedures for the operation of the program and for the provision of
assistance to families of members of the Armed Forces under the
program.
``(e) Relation to Family Support Centers.--The program is not
intended to operate in lieu of other family support centers, but is
instead intended to augment the activities of the family support
centers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such chapter is amended by inserting after the item
relating to section 1788a the following new item:
``1788a. Joint Family Support Assistance Program.''.
(c) Repeal of Superceded Provision.--Section 675 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 119 Stat. 2273; 10 U.S.C. 1781 note) is repealed.
Subtitle J--Other Matters
SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS' TRAINING CORPS
UNITS FOR STUDENTS IN GRADES ABOVE SIXTH GRADE.
Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1) In addition to units of the Junior Reserve Officers'
Training Corps established at public and private secondary educational
institutions under subsection (a), the Secretary of each military
department may carry out a pilot program to establish and support units
at public and private educational institutions that are not secondary
educational institutions to permit the enrollment of students in the
Corps who, notwithstanding the limitation in subsection (b)(1), are in
a grade above the sixth grade. Under the pilot program, the Secretary
may authorize a course of military instruction of not less than two
academic years' duration, notwithstanding subsection (b)(3).
``(2) Except as provided in paragraph (1), a unit of the Junior
Reserve Officers' Training Corps established and supported under the
pilot program must meet the requirements of this section.
``(3) The Secretary of the military department concerned shall
conduct a review of the pilot program. The review shall include an
evaluation of what impacts, if any, the pilot program may have on the
operation of the Junior Reserve Officers' Training Corps in secondary
educational institutions.''.
SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED FOR
ADMISSION TO NATIONAL DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended by
striking ``20 full-time student positions'' and inserting ``35 full-
time student positions''.
SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Admission Authority.--Chapter 901 of title 10, United States
Code, is amended by inserting after section 9314 the following new
section:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of defense industry civilians
``(a) Admission Authorized.--(1) The Secretary of the Air Force may
permit defense industry employees described in subsection (b) to
receive instruction at the United States Air Force Institute of
Technology in accordance with this section. Any such defense industry
employee may be enrolled in, and may be provided instruction in, a
program leading to a graduate degree in a defense focused curriculum
related to aeronautics and astronautics, electrical and computer
engineering, engineering physics, mathematics and statistics,
operational sciences, or systems and engineering management.
``(2) No more than 125 defense industry employees may be enrolled
at the United States Air Force Institute of Technology at any one time
under the authority of paragraph (1).
``(3) Upon successful completion of the course of instruction at
the United States Air Force Institute of Technology in which a defense
industry employee is enrolled, the defense industry employee may be
awarded an appropriate degree under section 9314 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of this
section, an eligible defense industry employee is an individual
employed by a private firm that is engaged in providing to the
Department of Defense significant and substantial defense-related
systems, products, or services. A defense industry employee admitted
for instruction at the United States Air Force Institute of Technology
remains eligible for such instruction only so long at that person
remains employed by the same firm.
``(c) Annual Determination by the Secretary of the Air Force.--
Defense industry employees may receive instruction at the United States
Air Force Institute of Technology during any academic year only if,
before the start of that academic year, the Secretary of the Air Force,
or the designee of the Secretary, determines that providing instruction
to defense industry employees under this section during that year--
``(1) will further the military mission of the United
States Air Force Institute of Technology; and
``(2) will be done on a space-available basis and not
require an increase in the size of the faculty of the school,
an increase in the course offerings of the school, or an
increase in the laboratory facilities or other infrastructure
of the school.
``(d) Program Requirements.--The Secretary of the Air Force shall
ensure that--
``(1) the curriculum in which defense industry employees
may be enrolled under this section is not readily available
through other schools and concentrates on the areas of focus
specified in subsection (a)(1) that are conducted by military
organizations and defense contractors working in close
cooperation; and
``(2) the course offerings at the United States Air Force
Institute of Technology continue to be determined solely by the
needs of the Department of Defense.
``(e) Tuition.--(1) The United States Air Force Institute of
Technology shall charge tuition for students enrolled under this
section at a rate not less than the rate charged for employees of the
United States outside the Department of the Air Force.
``(2) Amounts received by the United States Air Force Institute of
Technology for instruction of students enrolled under this section
shall be retained by the school to defray the costs of such
instruction. The source, and the disposition, of such funds shall be
specifically identified in records of the school.
``(f) Standards of Conduct.--While receiving instruction at the
United States Air Force Institute of Technology, defense industry
employees enrolled under this section, to the extent practicable, are
subject to the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to Government
civilian employees receiving instruction at the school.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9314 the following new item:
``9314a. United States Air Force Institute of Technology: admission of
defense industry civilians.''.
SEC. 594. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF DEFENSE
STARBASE PROGRAM.
Section 2193b(g) of title 10, United States Code, is amended by
striking ``90 days after the end of each fiscal year'' and inserting
``March 31 of each year''.
SEC. 595. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF
MILITARY LEADERSHIP DIVERSITY COMMISSION.
Section 596(e)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4478) is amended by striking ``12 months'' and inserting ``18 months''.
SEC. 596. ENHANCED AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE AND COAST GUARD CIVILIAN EMPLOYEES
AND THEIR FAMILIES TO ACCEPT GIFTS FROM NON-FEDERAL
ENTITIES.
(a) Codification and Expansion of Existing Authority to Cover
Additional Members and Employees.--
(1) Codification and expansion.--Chapter 155 of title 10,
United States Code, is amended by inserting after section 2601
the following new section:
``Sec. 2601a. Direct acceptance of gifts by members of the armed forces
and Department of Defense and Coast Guard employees and
their families
``(a) Regulations Governing Acceptance of Gifts.--(1) The Secretary
of Defense (and the Secretary of Homeland Security in the case of the
Coast Guard) shall issue regulations to provide that, subject to such
limitations as may be specified in such regulations, the following
individuals may accept gifts from nonprofit organizations, private
parties, and other sources outside the Department of Defense or the
Department of Homeland Security:
``(A) A member of the armed forces described in subsection
(c).
``(B) A civilian employee of the Department of Defense or
Coast Guard described in subsection (d).
``(C) The family members of such a member or employee.
``(D) Survivors of such a member or employee who is killed.
``(2) The regulations required by this subsection shall apply
uniformly to all elements of the Department of Defense and, to the
maximum extent feasible, to the Coast Guard.
``(b) Exception to Gift Ban.--A member of the armed forces
described in subsection (c) and a civilian employee described in
subsection (d) may accept gifts as provided in the regulations issued
under subsection (a) notwithstanding section 7353 of title 5.
``(c) Covered Members.--This section applies to a member of the
armed forces who, while performing active duty, full-time National
Guard duty, or inactive-duty training on or after September 11, 2001,
incurred an injury or illness--
``(1) as described in section 1413a(e)(2) of this title;
``(2) in an operation or area designated as a combat
operation or a combat zone by the Secretary of Defense in
accordance with the regulations issued under subsection (a); or
``(3) under other circumstances determined by the Secretary
concerned to warrant treatment analogous to members covered by
paragraph (1) or (2).
``(d) Covered Employees.--This section applies to a civilian
employee of the Department of Defense or Coast Guard who, while an
employee on or after September 11, 2001, incurred an injury or illness
under a circumstance described in paragraph (1), (2), or (3) of
subsection (c).
``(e) Gifts From Certain Sources Prohibited.--The regulations
issued under subsection (a) may not authorize the acceptance of a gift
from a foreign government or international organization or their
agents.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2601 the following new item:
``2601a. Direct acceptance of gifts by members of the armed forces and
Department of Defense and Coast Guard
employees and their families.''.
(b) Repeal of Superceded Provision.--Section 8127 of the Department
of Defense Appropriations Act, 2006 (division A of Public Law 109-148;
119 Stat. 2730; 10 U.S.C. 2601 note prec.) is repealed.
(c) Application of Existing Regulations.--Pending the issuance of
the regulations required by subsection (a) of section 2601a of title
10, United States Code, as added by subsection (a), the regulations
prescribed under section 8127 of the Department of Defense
Appropriations Act, 2006 (division A of Public Law 109-148; 119 Stat.
2730; 10 U.S.C. 2601 note prec.) shall apply to the acceptance of gifts
under such section 2601a.
(d) Retroactive Applicability of Regulations.--The regulations
issued under subsection (a) of section 2601a of title 10, United States
Code, as added by subsection (a), shall, to the extent provided in such
regulations, also apply to the acceptance of gifts during the period
beginning on September 11, 2001, and ending on the date on which such
regulations go into effect.
SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS OF TRANSITION
ASSISTANCE PROGRAM.
(a) Report Required.--The Secretary of Defense shall prepare a
report on the Transition Assistance Program of the Department of
Defense.
(b) Elements.--The report shall include the following:
(1) A statement and analysis of the rates of post-
separation employment rates compared with the general
population annually since September 11, 2001.
(2) A chronological summary of the evolution and
development of the Transition Assistance Program since
September 11, 2001.
(3) A description of efforts to transform the Transition
Assistance Program from one of end-of-service transition to a
life-cycle model, in which transition is considered throughout
the career of a member of the Armed Forces.
(4) An analysis of current and future challenges members
continue to face upon entering the civilian work force,
including a survey of the following individuals and
organizations to identify strengths and shortcomings in the
Transition Assistance Program:
(A) A representational population of transitioning
or recently separated members.
(B) Employers with a track record of employing
retired or separating members.
(C) Veterans service organizations and advocacy
groups.
(5) Any recommendations, including recommendations for
legislative action, that the Secretary of Defense considers
appropriate to improve the organization, policies, consistency
of quality, and efficacy of the Transition Assistance Program.
(c) Consultation.--The Secretary of Defense shall prepare the
report in consultation with the Secretary of Labor.
(d) Submission of Report.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall submit the
report to the Committees on Armed Services of the Senate and the House
of Representatives.
SEC. 598. SENSE OF CONGRESS REGARDING ASSISTING MEMBERS OF THE ARMED
FORCES TO PARTICIPATE IN APPRENTICESHIP PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) Some members of the Armed Forces who are separated or
released from active duty are having difficulty finding
employment after their separation or release.
(2) Some members who have served for long periods on active
duty have the additional difficulty of translating their
military experience into skill sets for civilian employment.
(3) Apprenticeship programs bring immense value to the
American workforce and to individuals who participate in such
programs.
(4) Apprenticeship programs assist in the building of
resumes and skills of participants and help connect
participants with employers and job opportunities.
(5) Military units returning from deployment often operate
at a reduced readiness status, which would allow members who
are assigned to the unit, but who are in the process of being
separated or released from active duty, to be available to
participate in apprenticeship programs.
(b) Sense of Congress.--It is the sense of Congress that commanders
of units of the Armed Forces should make every effort to permit members
of the Armed Forces who are assigned to the unit, but who are in the
process of being separated or released from active duty, to participate
in an apprenticeship program that is registered under the Act of Aug.
16, 1937 (commonly known as the National Apprenticeship Act; 29 U.S.C.
50 et seq.).
(c) Armed Forces Defined.--In this section, the term ``Armed
Forces'' means the Army, Navy, Air Force, and Marine Corps.
SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIRLOOM CHEST AWARDED TO
SURVIVING FAMILIES.
The Secretary of the Army shall submit to the congressional defense
committees a report on the heirloom chest policy of the Army,
including--
(1) a detailed explanation of such policy;
(2) the plans of the Secretary to continue the heirloom
chest program; and
(3) an estimate of the procurement costs to expand the
number of such chests to additional family members.
SEC. 600. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL
CARE UNDER CHAMPVA PROGRAM.
(a) Increase.--Section 1781(c) of title 38, United States Code, is
amended--
(1) by striking ``twenty-three'' and inserting ``twenty-
six''; and
(2) by striking ``twenty-third birthday'' and inserting
``twenty-sixth birthday''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to medical care provided on or after the date of the
enactment of this Act.
SEC. 600A. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF
EDUCATION TO DEPARTMENT OF DEFENSE.
(a) Transfer of Functions.--
(1) Transfer.--The responsibility and authority for
operation and administration of the Troops-to-Teachers Program
in chapter A of subpart 1 of part C of title II of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671
et seq.), is transferred from the Secretary of Education to the
Secretary of Defense.
(2) Effective date.--The transfer under paragraph (1) shall
take effect on the first day of the first month beginning more
than 180 days after the date of the enactment of this Act, or
on such earlier date as the Secretary of Education and the
Secretary of Defense may jointly provide.
(b) Enactment of Program Authority in Title 10, United States
Code.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1154. Assistance to eligible members and former members to
obtain employment as teachers: Troops-to-Teachers Program
``(a) Definitions.--In this section:
``(1) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(2) Member of the armed forces.--The term `member of the
armed forces' includes a former member of the armed forces.
``(3) Charter school.--The term `charter school' has the
meaning given that term in section 5210 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
``(4) Additional terms.--The terms `elementary school',
`highly qualified teacher', `local educational agency',
`secondary school', and `state' have the meanings given those
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(b) Program Authorization.--The Secretary may carry out a program
(to be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (d) to obtain certification or
licensing as elementary school teachers, secondary school
teachers, or vocational or technical teachers, and to become
highly qualified teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or public
charter schools that the Secretary of Education
identifies as--
``(i) receiving grants under part A of
title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.)
as a result of having within their
jurisdictions concentrations of children from
low-income families; or
``(ii) experiencing a shortage of highly
qualified teachers, in particular a shortage of
science, mathematics, special education, or
vocational or technical teachers; and
``(B) in elementary schools or secondary schools,
or as vocational or technical teachers.
``(c) Placement Assistance and Referral Services.--The Secretary
may provide placement assistance and referral services to members of
the armed forces who meet the criteria described in subsection (d),
including meeting the education qualification requirements under
subsection (d)(3)(B). Such members shall not be eligible for financial
assistance under paragraphs (3) and (4) of subsection (e).
``(d) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the
Program:
``(A) Any member who--
``(i) on or after October 1, 1999, becomes
entitled to retired or retainer pay under this
title or title 14;
``(ii) has an approved date of retirement
that is within one year after the date on which
the member submits an application to
participate in the Program; or
``(iii) has been transferred to the Retired
Reserve.
``(B) Any member who, on or after January 8, 2002--
``(i)(I) is separated or released from
active duty after six or more years of
continuous active duty immediately before the
separation or release; or
``(II) has completed a total of at
least ten years of active duty service,
ten years of service computed under
section 12732 of this title, or ten
years of any combination of such
service; and
``(ii) executes a reserve commitment
agreement for a period of not less than three
years under paragraph (5)(B).
``(C) Any member who, on or after January 8, 2002,
is retired or separated for physical disability under
chapter 61 of this title.
``(2) Submission of applications.--(A) Selection of
eligible members of the armed forces to participate in the
Program shall be made on the basis of applications submitted to
the Secretary within the time periods specified in subparagraph
(B). An application shall be in such form and contain such
information as the Secretary may require.
``(B) An application shall be considered to be submitted on
a timely basis under subparagraph (A)(i), (B), or (C) of
paragraph (1) if the application is submitted not later than
four years after the date on which the member is retired or
separated or released from active duty, whichever applies to
the member.
``(3) Selection criteria; educational background
requirements and honorable service requirement.--(A) Subject to
subparagraphs (B) and (C), the Secretary shall prescribe the
criteria to be used to select eligible members of the armed
forces to participate in the Program.
``(B)(i) If a member of the armed forces is applying for
assistance for placement as an elementary school or secondary
school teacher, the Secretary shall require the member to have
received a baccalaureate or advanced degree from an accredited
institution of higher education.
``(ii) If a member of the armed forces is applying for
assistance for placement as a vocational or technical teacher,
the Secretary shall require the member--
``(I) to have received the equivalent of one year
of college from an accredited institution of higher
education and have six or more years of military
experience in a vocational or technical field; or
``(II) to otherwise meet the certification or
licensing requirements for a vocational or technical
teacher in the State in which the member seeks
assistance for placement under the Program.
``(C) A member of the armed forces is eligible to
participate in the Program only if the member's last period of
service in the armed forces was honorable, as characterized by
the Secretary concerned. A member selected to participate in
the Program before the retirement of the member or the
separation or release of the member from active duty may
continue to participate in the Program after the retirement,
separation, or release only if the member's last period of
service is characterized as honorable by the Secretary
concerned.
``(4) Selection priorities.--In selecting eligible members
of the armed forces to receive assistance under the Program,
the Secretary shall give priority to members who--
``(A) have educational or military experience in
science, mathematics, special education, or vocational
or technical subjects; and
``(B) agree to seek employment as science,
mathematics, or special education teachers in
elementary schools or secondary schools or in other
schools under the jurisdiction of a local educational
agency.
``(5) Other conditions on selection.--
``(A) The Secretary may not select an eligible
member of the armed forces to participate in the
Program and receive financial assistance unless the
Secretary has sufficient appropriations for the Program
available at the time of the selection to satisfy the
obligations to be incurred by the United States under
subsection (e) with respect to the member.
``(B) The Secretary may not select an eligible
member of the armed forces described in paragraph
(1)(B)(i) to participate in the Program under this
section and receive financial assistance under
subsection (e) unless the member executes a written
agreement to serve as a member of the Selected Reserve
of a reserve component of the armed forces for a period
of not less than three years (in addition to any other
reserve commitment the member may have).
``(e) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of
the armed forces selected to participate in the Program under
subsection (b) and receive financial assistance under this
subsection shall be required to enter into an agreement with
the Secretary in which the member agrees--
``(i) within such time as the Secretary may
require, to obtain certification or licensing
as an elementary school teacher, secondary
school teacher, or vocational or technical
teacher, and to become a highly qualified
teacher; and
``(ii) to accept an offer of full-time
employment as an elementary school teacher,
secondary school teacher, or vocational or
technical teacher for not less than three
school years with a high-need local educational
agency or public charter school, as such terms
are defined in section 2102 of the Elementary
and Secondary Education Act (20 U.S.C. 6602),
to begin the school year after obtaining that
certification or licensing.
``(B) The Secretary may waive the three-year commitment
described in subparagraph (A)(ii) for a participant if the
Secretary determines such waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered to be in violation of the agreement and shall not be
required to provide reimbursement under subsection (f), for
failure to meet the three-year commitment.
``(2) Violation of participation agreement; exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
paragraph (1) during any period in which the participant--
``(A) is pursuing a full-time course of study
related to the field of teaching at an institution of
higher education;
``(B) is serving on active duty as a member of the
armed forces;
``(C) is temporarily totally disabled for a period
of time not to exceed three years as established by
sworn affidavit of a qualified physician;
``(D) is unable to secure employment for a period
not to exceed 12 months by reason of the care required
by a spouse who is disabled;
``(E) is a highly qualified teacher who is seeking
and unable to find full-time employment as a teacher in
an elementary school or secondary school or as a
vocational or technical teacher for a single period not
to exceed 27 months; or
``(F) satisfies the provisions of additional
reimbursement exceptions that may be prescribed by the
Secretary.
``(3) Stipend for participants.--(A) Subject to
subparagraph (B), the Secretary may pay to a participant in the
Program selected under this section a stipend in an amount of
not more than $5,000.
``(B) The total number of stipends that may be paid under
subparagraph (A) in any fiscal year may not exceed 5,000.
``(4) Bonus for participants.--(A) Subject to subparagraph
(B), the Secretary may, in lieu of paying a stipend under
paragraph (3), pay a bonus of $10,000 to a participant in the
Program selected under this section who agrees in the
participation agreement under paragraph (1) to become a highly
qualified teacher and to accept full-time employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher for not less than three school
years in a high-need school.
``(B) The total number of bonuses that may be paid under
subparagraph (A) in any fiscal year may not exceed 3,000.
``(C) For purposes of subparagraph (A), the term `high-need
school' means a public elementary school, public secondary
school, or public charter school that meets one or more of the
following criteria:
``(i) At least 50 percent of the students enrolled
in the school were from low-income families (as
described in subsection (b)(2)(A)(i)).
``(ii) The school has a large percentage of
students who qualify for assistance under part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
``(5) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant in the Program
shall be taken into account in determining the eligibility of
the participant for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Program
who is paid a stipend or bonus under this subsection shall be
required to repay the stipend or bonus under the following
circumstances:
``(A) The participant fails to obtain teacher
certification or licensing, to become a highly
qualified teacher, or to obtain employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher as required by the
participation agreement under subsection (e)(1).
``(B) The participant voluntarily leaves, or is
terminated for cause from, employment as an elementary
school teacher, secondary school teacher, or vocational
or technical teacher during the three years of required
service in violation of the participation agreement.
``(C) The participant executed a written agreement
with the Secretary concerned under subsection (d)(5)(B)
to serve as a member of a reserve component of the
armed forces for a period of three years and fails to
complete the required term of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (e) shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being paid
by the United States on the day on which the reimbursement is
determined to be due for securities having maturities of 90
days or less and shall accrue from the day on which the
participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11 shall not release a participant from the obligation to
reimburse the Secretary under this subsection.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The Secretary may also waive the reimbursement in
cases of extreme hardship to the participant, as determined by
the Secretary.
``(g) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the Program of a stipend or
bonus under this subsection (e) shall not reduce or otherwise affect
the entitlement of the participant to any benefits under chapter 30 or
33 of title 38 or chapter 1606 of this title.
``(h) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to subparagraph
(B), the Secretary may make grants to States participating in
the Program, or to consortia of such States, in order to permit
such States or consortia of States to operate offices for
purposes of recruiting eligible members of the armed forces for
participation in the Program and facilitating the employment of
participants in the Program as elementary school teachers,
secondary school teachers, and vocational or technical
teachers.
``(B) The total amount of grants made under subparagraph
(A) in any fiscal year may not exceed $5,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1154. Troops-to-Teachers Program.''.
(c) Conforming Amendment.--Section 1142(b)(4)(C) of such title is
amended by striking ``under sections 1152 and 1153 of this title and
the Troops-to-Teachers Program under section 2302 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6672)'' and inserting
``under sections 1152, 1153, and 1154 of this title''.
(d) Termination of Original Program.--
(1) Termination.--
(A) Chapter A of subpart 1 of part C of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6671 et seq.) is repealed.
(B) The table of contents in section 2 of part I of
the Elementary and Secondary Education Act of 1965 is
amended by striking the items relating to chapter A of
subpart 1 of part C of said Act.
(2) Existing agreements.--The repeal of such chapter shall
not affect the validity or terms of any agreement entered into
before the date of the enactment of this Act under chapter A of
subpart 1 of part C of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6671 et seq.), or to pay assistance,
make grants, or obtain reimbursement in connection with such an
agreement as in effect before such repeal.
(e) Effective Date.--The amendments made by this section shall take
effect on the effective date of the transfer under subsection (a).
SEC. 600B. ENHANCEMENTS TO THE TROOPS-TO-TEACHERS PROGRAM.
(a) Years of Service Requirements.--Subsection (d) of section 1154
title 10, United States Code, as added by section 600A, is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) commencing on or after September 11, 2001,
serves at least four years on active duty (as such term
is defined in section 101(d)(1) of this title, except
that such term does not include a period of service
described in paragraphs (1) through (3) of section
3311(d) of title 38) in the Armed Forces (excluding
service on active duty in entry level or skills
training) and, after completion of such service, is
discharged or released as follows:
``(i) A discharge from active duty in the
armed forces with an honorable discharge.
``(ii) A release after service on active
duty in the armed forces characterized by the
Secretary concerned as honorable service and
placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or
placement on the temporary disability retired
list.
``(iii) A release from active duty in the
armed forces for further service in a reserve
component of the armed forces after service on
active duty characterized by the Secretary
concerned as honorable service.''.
(b) Definition of Local Education Agency and Public Charter
Schools.--Such section is further amended as follows:
(1) Clause (i) of subsection (b)(2)(A) of such section is
amended to read as follows:
``(i) receiving grants under part A of
title I, a Bureau-funded school (as such term
is defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 2021(3)), or
public charter school;''.
(2) In subsection (e)(1)(A)(ii), by striking ``or public
charter school receiving grants under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.)'' and inserting ``receiving grants under part A of
title I, a Bureau-funded school (as such term is defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021(3)) or public charter school''.
(c) Troops-to-teachers Advisory Board.--Such section is further
amended by adding at the end the following new subsection:
``(f) Advisory Board.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of section 1154 of this title, the Secretary
of Education and the Secretary of Defense shall establish an
advisory board composed of--
``(A) a representative from the Department of
Defense;
``(B) a representative from the Department of
Education;
``(C) representatives from 3 State offices that
operate to recruit eligible members of the armed forces
for participation in the Program and facilitating the
employment of participants in the Program as elementary
school teachers, secondary school teachers, and
vocational or technical teachers; and
``(D) a representative from each of 3 veteran
service organizations.
``(2) Duties.--The advisory board established under
subsection (a) shall--
``(A) collect, consider, and disseminate feedback
from participants and State offices described in
subsection (a)(4) on--
``(i) the best practices for improving
recruitment of eligible members of the Armed
Forces in States, local educational agencies,
and public charter schools under served by the
Program;
``(ii) ensuring that high-need local
educational agencies and public charter schools
are aware of the Program and how to participate
in it;
``(iii) coordinating the goals of the
Program with other Federal, State, and local
education needs and programs; and
``(iv) other activities that the advisory
board deems necessary; and
``(B) not later than 1 year after the date of the
enactment of section 1154 of this title, and annually
thereafter, prepare and submit a report to the
Committees on Health, Education, Labor, and Pensions
and Armed Services of the Senate and the Committees on
Education and Labor and Armed Services of the House of
Representatives, which shall include--
``(i) information with respect to the
activities of the advisory board;
``(ii) information with respect to the
Program, including--
``(I) the number of participants in
the Program;
``(II) the number of States
participating in the Program;
``(III) local educational agencies
and schools in where participants are
employed;
``(IV) the grade levels at which
participants teach;
``(V) the academic subjects taught
by participants;
``(VI) rates of retention of
participants by the local educational
agencies and public charter schools
employing participant;
``(VII) other demographic
information as may be necessary to
evaluate the effectiveness of the
program; and
``(VIII) a review of the stipend
and bonus available to participants
under paragraphs (3) and (4)(A) of
subsection (d); and
``(iii) recommendations for--
``(I) improvements to local, State,
and Federal recruitment and retention
efforts;
``(II) legislative or executive
policy changes to improve the Program,
enhance participant experience, and
increase participation in the program;
and
``(III) other changes necessary to
ensure that the Program is meeting the
purpose described in subsection (b).''.
SEC. 600C. SUPPORT FROM DEPARTMENT OF EDUCATION TO HELP COVER COSTS OF
NEW STATE PROGRAMS UNDER NATIONAL GUARD YOUTH CHALLENGE
PROGRAM.
Paragraph (2) of section 509(d) of title 32, United States Code, is
amended to read as follows:
``(2) The limitation in paragraph (1) may not be construed as a
limitation on the amount of assistance that may be provided to a State
program of the Program for a fiscal year from sources other than the
Department of Defense. Using funds available to the Department of
Education, the Secretary of Education may provide assistance to cover
the difference between the amount provided by the Department of Defense
and the total costs of operating a new State program of the Program
during the first three full fiscal years in which the new State program
is in operation.''.
SEC. 600D. STUDY OF TREATMENT OF MEMBERS OF THE RESERVE COMPONENTS.
(a) Study.--The Inspector General of the Department of Defense
shall conduct a study of the treatment of members of the reserve
components.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An analysis of the treatment of members of the reserve
components--
(A) at mobilization and demobilization sites of the
Army, including warrior transition units and joint
medical battalions; and
(B) during predeployment and postdeployment medical
examinations under section 1074(f) of title 10, United
States Code.
(2) An analysis of the quality of care, treatment, and
information that members of the reserve components receive
before, during, and after deployment.
(3) An analysis of patterns of treatment of members of the
reserve components during the period following a deployment,
including during medical examinations or other actions that
could affect health care and disability benefits, as compared
to the treatment of members of the regular components during
such period.
(4) Identification of any improvements needed so that
members of the reserve components and members of the regular
components are treated equally.
(c) Report.--Not later than December 31, 2010, the Inspector
General shall submit to the congressional defense committees a report
on the study under subsection (a).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2011 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2011 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2011, the rates
of monthly basic pay for members of the uniformed services are
increased by 1.9 percent.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE
OR BOTH MEMBERS ARE ON SEA DUTY.
(a) In General.--Subparagraph (C) of section 403(f)(2) of title 37,
United States Code, is amended to read as follows:
``(C) Notwithstanding section 421 of this title, a member of a
uniformed service in a pay grade below pay grade E-6 who is assigned to
sea duty and is married to another member of a uniformed service is
entitled to a basic allowance for housing subject to the limitations of
subsection (e).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2011.
SEC. 603. ALLOWANCES FOR PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT.
(a) Initial Allowance for Officers.--Section 415 of title 37,
United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(B) by inserting ``Allowance for Officers in the
Armed Forces.--(1)'' after ``(a)'';
(C) by striking ``$400'' and inserting ``$500'';
and
(D) by adding at the end the following new
paragraph:
``(2) The Secretary of a military department, with the approval of
the Secretary of Defense, may increase the maximum amount of the
allowance specified in paragraph (1) for officers of an armed force
under the jurisdiction of the Secretary. The Secretary of Homeland
Security, in the case of the Coast Guard when it is not operating as a
service in the Navy, may increase the maximum amount of the allowance
specified in paragraph (1) for officers of the Coast Guard.'';
(2) in subsection (b), by inserting ``Exception.--'' after
``(b)''; and
(3) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``An allowance of $250'' and
inserting ``Public Health Service Allowance.--(1) An
allowance of $300''; and
(C) by inserting ``(2)'' before ``An officer''.
(b) Additional Allowances.--Section 416 of such title is amended--
(1) in subsection (a), by striking ``$200'' and inserting
``$250''; and
(2) in subsection (b)(1), by striking ``$400'' and
inserting ``$500''.
SEC. 604. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.
(a) Increase.--Section 427(a)(1) of title 37, United States Code,
is amended by striking ``$250'' and inserting ``$285''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall take effect on October 1, 2010, and apply with respect to months
beginning on or after that date.
SEC. 605. ONE-TIME SPECIAL COMPENSATION FOR TRANSITION OF ASSISTANTS
PROVIDING AID AND ATTENDANCE CARE TO MEMBERS OF THE
UNIFORMED SERVICES WITH CATASTROPHIC INJURIES OR
ILLNESSES.
(a) Transition Compensation Authorized.--Section 439 of title 37,
United States Code, is amended--
(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) One-time Transitional Compensation Authorized.--In addition
to monthly special compensation payable under subsection (a), the
Secretary concerned may pay to a member eligible for monthly special
compensation a one-time payment of not more than $3,500 for the
transition of assistants providing aid and attendance care to the
member as described in subsection (b)(2).''.
(b) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (c), by inserting ``of Monthly
Compensation'' after ``Amount'';
(2) in subsection (d), by inserting ``of Monthly
Compensation'' after ``Duration''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by striking ``Monthly special compensation payable to a
member under this section'' and inserting ``Special
compensation paid to a member under subsection (a) or (e)''.
SEC. 606. EXPANSION OF DEFINITION OF SENIOR ENLISTED MEMBER TO INCLUDE
SENIOR ENLISTED MEMBER SERVING WITHIN A COMBATANT
COMMAND.
(a) Basic Pay.--On and after January 1, 2011, for purposes of
establishing the rates of monthly basic pay for members of the
uniformed services, the senior enlisted member of the Armed Forces
serving within a combatant command (as defined in section 161(c) of
title 10, United States Code) shall be treated in the same manner as
the Sergeant Major of the Army, Master Chief Petty Officer of the Navy,
Chief Master Sergeant of the Air Force, Sergeant Major of the Marine
Corps, Master Chief Petty Officer of the Coast Guard, and Senior
Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.
(b) Rate of Basic Pay Used to Determine Retired Pay Base.--Section
1406(i)(3)(B) of title 10, United States Code, is amended by adding at
the end the following new clause:
``(vii) Senior enlisted member serving
within a combatant command (as defined in
section 161(c) of this title).''.
(c) Pay During Terminal Leave and While Hospitalized.--Section
210(c) of title 37, United States Code, is amended by adding at the end
the following new paragraph:
``(7) The senior enlisted member serving within a combatant
command (as defined in section 161(c) of title 10).''.
SEC. 607. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR
RESERVIST INCOME REPLACEMENT PAYMENTS ON ACCOUNT OF
AVAILABILITY OF COMPARABLE BENEFITS UNDER ANOTHER
PROGRAM.
(a) Ineligibility for Payments.--Section 910(b) of title 37, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) A member of a reserve component who is otherwise entitled to
a payment under this section is not entitled to the payment for any
month during which the member is also a civilian employee of the
Federal Government entitled to--
``(A) a differential payment under section 5538 of title 5;
or
``(B) a comparable benefit under an administratively
established program for civilian employees absent from a
position of employment with the Federal Government in order to
perform active duty in the uniformed services.''.
(b) Effective Date.--Subsection (b)(3) of section 910 of title 37,
United States Code, as added by subsection (a), shall apply with
respect to payments under such section for months beginning on or after
the date of the enactment of this Act.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(i), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(j), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(i), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of chapter 5 of title 37, United States
Code, are amended by striking ``December 31, 2010'' and inserting
``December 31, 2011'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.
The following sections of title 10, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 1030(i), relating to health professions
referral bonus.
(2) Section 3252(h), relating to Army referral bonus.
SEC. 617. TREATMENT OF OFFICERS TRANSFERRING BETWEEN ARMED FORCES FOR
RECEIPT OF AVIATION CAREER SPECIAL PAY.
Section 301b of title 37, United States Code, is amended--
(1) by redesignating subsections (h), (i), and (j) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Treatment of Officers Transferring From One Armed Force to
Another.--(1) An officer who transfers from one armed force to another
armed force shall receive the same compensation under this section as
other officers in that armed force with the same number of years of
aviation service performing similar aviation duties in the same weapon
system, notwithstanding any additional active duty service obligation
incurred as a result of the transfer.
``(2) Until December 31, 2015, the Secretary concerned shall
continue, regardless of the number of years of aviation service of an
officer, to pay compensation under this section to an officer who
transferred or transfers from one armed force to an armed force under
the jurisdiction of the Secretary concerned until the officer receives
the same number of years of benefits as officers in that armed force
with the same number of years of aviation service performing similar
aviation duties in the same weapon system. In calculating the years of
benefits received, the Secretary concerned shall include any year
during which the officer received compensation under this section
before the transfer.
``(3) An officer may not receive compensation under paragraph (2)
for any period during which the officer is not qualified for
compensation under subsection (b).''.
SEC. 618. INCREASE IN MAXIMUM AMOUNT OF SPECIAL PAY FOR DUTY SUBJECT TO
HOSTILE FIRE OR IMMINENT DANGER OR FOR DUTY IN FOREIGN
AREA DESIGNATED AS AN IMMINENT DANGER AREA.
(a) Special Pay for Duty Subject to Hostile Fire or Imminent
Danger.--Section 310(b)(1) of title 37, United States Code, is amended
by striking ``$225 a month'' and inserting ``$260 a month''.
(b) Hazardous Duty Pay.--Section 351(b)(3) of such title is amended
by striking ``$250 per month'' and inserting ``$260 per month''.
(c) Application of Amendments.--The amendments made by this section
shall take effect on October 1, 2010, and apply with respect to months
beginning on or after that date.
SEC. 619. SPECIAL PAYMENT TO MEMBERS OF THE ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE KILLED OR WOUNDED
IN ATTACKS DIRECTED AT MEMBERS OR EMPLOYEES OUTSIDE OF
COMBAT ZONE, INCLUDING THOSE KILLED OR WOUNDED IN CERTAIN
2009 ATTACKS.
(a) Treatment of Members and Civilians Killed or Wounded in Certain
2009 Attacks.--
(1) Treatment.--For purposes of all applicable Federal
laws, regulations, and policies, a member of the Armed Forces
or civilian employee of the Department of Defense who was
killed or wounded in an attack described in paragraph (2) shall
be deemed as follows:
(A) In the case of a member, to have been killed or
wounded in a combat zone as the result of an act of an
enemy of the United States.
(B) In the case of a civilian employee of the
Department of Defense, to have been killed or wounded
as the result of an act of an enemy of the United
States while serving with the Armed Forces in a
contingency operation.
(2) Attacks described.--Paragraph (1) applies to--
(A) the attack that occurred at Fort Hood, Texas,
on November 5, 2009; and
(B) the attack that occurred at a recruiting
station in Little Rock, Arkansas, on June 1, 2009.
(3) Exception.--Paragraph (1) shall not apply to a member
of the Armed Forces or a civilian employee of the Department of
Defense whose death or wound as described in paragraph (1) is
the result of the misconduct of the member or employee, as
determined by the Secretary of Defense.
(b) New Special Payment.--
(1) In general.--Chapter 17 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 911. Special payment to members of the armed forces and civilian
employees of the Department of Defense killed or wounded
in attacks directed at members or employees outside of
combat zone
``(a) Special Payment Required.--The Secretary of Defense shall pay
to a member of the armed forces or a civilian employee of the
Department of Defense who is wounded in an attack under the
circumstances described in subsection (b), or to an eligible survivor
if the member or employee is killed in the attack or dies from wounds
sustained in the attack, an amount of compensation equal to the amount
determined in subsection (c) that would have accrued--
``(1) in the case of a member, on behalf of a member killed
or wounded in a combat zone; and
``(2) in the case of an employee, on behalf of an employee
killed or wounded while serving with the Armed Forces in a
contingency operation.
``(b) Covered Attacks.--
``(1) Attacks described.--Except as provided in paragraph
(2), an attack covered by subsection (a) is any assault or
battery resulting in bodily injury or death committed by an
individual who the Secretary of Defense determines knowingly
targeted--
``(A) a member of the armed forces on account of
the military service of the member or the status of
member as a member of the Armed Forces; or
``(B) a civilian employee of the Department of
Defense on account of the employee's employment with
the Department of Defense or affiliation with the
Department of Defense.
``(2) Geographic exclusion.--Subsection (a) does not apply
to any attack that--
``(A) occurs in a combat zone; or
``(B) in the case of a civilian employee of the
Department, occurs while the employee is serving with
the armed forces in a contingency operation.
``(c) Calculation of Compensation Amount.--The Secretary of Defense
shall identify, in consultation with all relevant Federal agencies,
including the Department of Veterans Affairs and the Internal Revenue
Service, all Federal benefits provided to members of the armed forces
and civilian employees of the Department of Defense killed or wounded
in a combat zone, including special pays and the value of Federal tax
advantages accruing because certain benefits are not subject to Federal
income tax. The Secretary shall exclude from the calculation any
Federal benefits provided regardless of the geographic location or
circumstances of the death or injuries.
``(d) Exclusion of Certain Individuals.--Subsection (a) shall not
apply to a member of the armed forces or civilian employee of the
Department of Defense whose death or wound as described in subsection
(b) is the result of the misconduct of the member or employee, as
determined by the Secretary of Defense.
``(e) Definitions.--In this section:
``(1) The term `armed forces' means the Army, Navy, Air
Force, and Marine Corps.
``(2) The term `combat zone' means a combat operation or
combat zone designated by the Secretary of Defense.
``(3) The term `eligible survivor' refers to the persons
eligible to receive a death gratuity payment under section 1477
of title 10. In the case of a deceased member or employee, the
eligible survivor who will receive the payment under subsection
(a) shall be determined as provided in such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``911. Special payment to members of the armed forces and civilian
employees of the Department of Defense
killed or wounded in attacks directed at
members or employees outside of combat
zone.''.
(3) Retroactive application.--Section 911 of title 37,
United States Code, as added by paragraph (1), shall apply to
any attack described in subsection (b) of such section
occurring on or after November 6, 2009.
(c) Purple Heart.--This section and the amendments made by this
section shall not be construed to prohibit, authorize, or require the
award of the Purple Heart to any member of the Armed Forces.
Subtitle C--Travel and Transportation Allowances
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION
ALLOWANCES FOR INACTIVE DUTY TRAINING OUTSIDE OF NORMAL
COMMUTING DISTANCES.
Section 408a(e) of title 37, United States Code, is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE OF
DESIGNATED PERSONS AT YELLOW RIBBON REINTEGRATION EVENTS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411k the following new
section:
``Sec. 411l. Travel and transportation allowances: attendance of
designated persons at Yellow Ribbon Reintegration events
``(a) Allowance to Facilitate Attendance.--Under uniform
regulations prescribed by the Secretaries concerned, travel and
transportation described in subsection (c) may be provided for a person
designated pursuant to subsection (b) to attend an event conducted
under the Yellow Ribbon Reintegration Program established pursuant to
section 582 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 10101 note) if the Secretary
concerned determines that the presence of the person may contribute to
the purposes of the event.
``(b) Covered Persons.--A member of the uniformed services who is
eligible to attend a Yellow Ribbon Reintegration Program event may
designate one or more persons, including another member of the
uniformed services, for purposes of receiving travel and transportation
described in subsection (c) to attend a Yellow Ribbon Reintegration
Program event. The designation of a person for purposes of this section
may be changed at any time.
``(c) Authorized Travel and Transportation.--(1) The transportation
authorized by subsection (a) for a person designated under subsection
(b) is round-trip transportation between the home or place of business
of the person and the location of the Yellow Ribbon Reintegration
Program event.
``(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established under
section 404(d) of this title.
``(3) The transportation authorized by subsection (a) may be
provided by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(4) An allowance payable under this subsection may be paid in
advance.
``(5) Reimbursement payable under this subsection may not exceed
the cost of Government-procured commercial round-trip air travel.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 411k the following new item:
``411l. Travel and transportation allowances: attendance of designated
persons at Yellow Ribbon Reintegration
events.''.
(b) Applicability.--No reimbursement may be provided under section
411l of title 37, United States Code, as added by subsection (a), for
travel and transportation costs incurred before September 30, 2010.
SEC. 633. MILEAGE REIMBURSEMENT FOR USE OF PRIVATELY OWNED VEHICLES.
(a) Use of Single Standard Mileage Rate Established by IRS.--
Section 5704(a)(1) of title 5, United States Code, is amended by
striking ``shall not exceed'' and inserting ``shall be equal to''.
(b) Prescription of Mileage Reimbursement Rates.--Section 5707(b)
of such title is amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) The Administrator of General Services shall conduct
periodic investigations of the cost of travel and the operation
of privately owned airplanes and privately owned motorcycles by
employees while engaged on official business, and shall report
the results of such investigations to Congress at least once a
year.''; and
(2) in paragraph (2)(A), by striking clause (i) and
inserting the following new clause:
``(i) shall prescribe a mileage reimbursement rate
for privately owned automobiles which equals, as
provided in section 5704(a)(1) of this title, the
single standard mileage rate established by the
Internal Revenue Service, and''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR MEMBERS WITH
GREATER THAN 30 YEARS OF SERVICE WHO RETIRE FOR
DISABILITY.
(a) Computation of Retired Pay.--The table in section 1401(a) of
title 10, United States Code, is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability'' both
places it appears; and
(2) by striking column 4.
(b) Recomputation of Retired or Retainer Pay to Reflect Later
Active Duty of Members Who First Became Members Before September 8,
1980.--The table in section 1402(d) of such title is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability''; and
(2) by striking column 4.
(c) Recomputation of Retired or Retainer Pay to Reflect Later
Active Duty of Members Who First Became Members After September 7,
1980.--The table in section 1402a(d) of such title is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75 percent,'' after ``percentage of disability'';
and
(2) by striking column 4.
(d) Application of Amendments.--The tables in sections 1401(a),
1402(d), and 1402a(d) of title 10, United States Code, as in effect on
the day before the date of the enactment of this Act, shall continue to
apply to the computation or recomputation of retired or retainer pay
for persons who first became entitled to retired or retainer pay under
subtitle A of such title on or before the date of the enactment of this
Act. The amendments made by this section shall apply only with respect
to persons who first become entitled to retired or retainer pay under
such subtitle after that date.
SEC. 642. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR RESERVE
COMPONENT MEMBERS WOUNDED IN ACTION.
Section 1208(b) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``However, in the case of
such a member who is retired under this chapter, or whose name is
placed on the temporary disability retired list under this chapter,
because of a disability incurred after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2011, for which the
member is awarded the Purple Heart, the member shall be credited, for
the purposes of this chapter, with the number of years of service that
would be counted if computing the member's years of service under
section 12732 of this title.''.
SEC. 643. ELIMINATION OF THE AGE REQUIREMENT FOR HEALTH CARE BENEFITS
FOR NON-REGULAR SERVICE RETIREES.
Section 1074(b) of title 10, United States Code, is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
SEC. 644. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT MEMBER
TO ACTIVE DUTY TO RECEIVE AUTHORIZED MEDICAL CARE ON
REDUCING ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR
SERVICE RETIRED PAY.
Section 12731(f)(2)(B) of title 10, United States Code, is amended
by adding at the end the following new clause:
``(iii) If a member described in subparagraph (A) is wounded or
otherwise injured or becomes ill while serving on active duty pursuant
to a call or order to active duty under a provision of law referred to
in the first sentence of clause (i) or in clause (ii), and the member
is then ordered to active duty under section 12301(h)(1) of this title
to receive medical care for the wound injury, or illness, each day of
active duty under that order for medical care shall be treated as a
continuation of the original call or order to active duty for purposes
of reducing the eligibility age of the member under this paragraph.''.
SEC. 645. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR RECIPIENTS OF PRE-
SURVIVOR BENEFIT PLAN ANNUITY AFFECTED BY REQUIRED OFFSET
FOR DEPENDENCY AND INDEMNITY COMPENSATION.
Section 644 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 1448 note) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Special Survivor Indemnity Allowance.--(1) The Secretary
concerned shall pay a monthly special survivor indemnity allowance
under this subsection to a qualified surviving spouse described in
subsection (a) if--
``(A) the surviving spouse is entitled to dependency and
indemnity compensation under section 1311(a) of title 38,
United States Code; and
``(B) the amount of the annuity to which the surviving
spouse is entitled under subsection (b) is affected by
paragraph (2)(A) of such subsection.
``(2) Subject to paragraph (3), the amount of the special survivor
indemnity allowance paid to surviving spouse under paragraph (1) for a
month shall be equal to--
``(A) for months during fiscal year 2009, $50;
``(B) for months during fiscal year 2010, $60;
``(C) for months during fiscal year 2011, $70;
``(D) for months during fiscal year 2012, $80;
``(E) for months during fiscal year 2013, $90;
``(F) for months during fiscal year 2014, $150;
``(G) for months during fiscal year 2015, $200;
``(H) for months during fiscal year 2016, $275; and
``(I) for months during fiscal year 2017, $310.
``(3) The amount of the special survivor indemnity allowance paid
to an eligible survivor under paragraph (1) for any month may not
exceed the amount of the annuity for that month that is subject to
offset under subsection (b)(2)(A).
``(4) A special survivor indemnity allowance paid under paragraph
(1) does not constitute an annuity, and amounts so paid are not subject
to adjustment under any other provision of law.
``(5) The special survivor indemnity allowance shall be paid under
paragraph (1) from amounts in the Department of Defense Military
Retirement Fund established under section 1461 of title 10, United
States Code.
``(6) Subject to paragraph (7), this subsection shall only apply
with respect to the month that began on October 1, 2008, and subsequent
months through the month ending on September 30, 2017. As soon as
practicable after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2011, the Secretary concerned shall
pay, in a lump sum, the total amount of the special survivor indemnity
allowances due under paragraph (1) to a qualified surviving spouse for
months since October 1, 2008, through the month in which the first
allowance is paid under paragraph (1) to the qualified surviving
spouse.
``(7) Effective on October 1, 2017, the authority provided by this
subsection shall terminate. No special survivor indemnity allowance may
be paid to any person by reason of this subsection for any period
before October 1, 2008, or beginning on or after October 1, 2017.''.
SEC. 646. PAYMENT DATE FOR RETIRED AND RETAINER PAY.
(a) Setting Payment Date.--Section 1412 of title 10, United States
Code, is amended--
(1) by striking ``Amounts'' and inserting ``(a) Rounding.--
Amounts''; and
(2) by adding at the end the following new subsection:
``(b) Payment Date.--Amounts of retired pay and retainer pay due a
retired member of the uniformed services shall be paid on the first day
of each month beginning after the month in which the right to such pay
accrues.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1412. Administrative provisions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item relating to section 1412 and inserting the following
new item:
``1412. Administrative provisions.''.
(c) Effective Date.--Subsection (b) of section 1412 of title 10,
United States Code, as added by subsection (a), shall apply beginning
with the first month that begins more than 30 days after the date of
the enactment of this Act.
SEC. 647. SENSE OF CONGRESS CONCERNING AGE AND SERVICE REQUIREMENTS FOR
RETIRED PAY FOR NON-REGULAR SERVICE.
It is the sense of Congress that--
(1) the amendments made to section 12731 of title 10,
United States Code, by section 647 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 160) were intended to reduce the minimum age at which
members of a reserve component of the Armed Forces would begin
receiving retired pay according to time spent deployed, by
three months for every 90-day period spent on active duty over
the course of a career, rather than limiting qualifying time to
such periods wholly served within the same fiscal year, as
interpreted by the Department of Defense; and
(2) steps should be taken to correct this erroneous
interpretation by the Department of Defense in order to ensure
reserve component members receive the full retirement benefits
intended to be provided by such section 12731.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 651. SHARED CONSTRUCTION COSTS FOR SHOPPING MALLS OR SIMILAR
FACILITIES CONTAINING A COMMISSARY STORE AND ONE OR MORE
NONAPPROPRIATED FUND INSTRUMENTALITY ACTIVITIES.
Section 2484(h)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C)
and, in such subparagraph, by striking ``subparagraph (A)'' and
inserting ``this paragraph'';
(2) in the first sentence of subparagraph (A), by inserting
``the Defense Commissary Agency or'' after ``may authorize'';
(3) by designating the second sentence of subparagraph (A)
as subparagraph (B) and, in such subparagraph, by striking
``The Secretary may'' and inserting the following: ``If the
construction contract is entered into by a nonappropriated fund
instrumentality, the Secretary of Defense may''; and
(4) by adding at the end of subparagraph (B), as designated
by paragraph (3), the following new sentence: ``If the
construction contract is entered into by the Defense Commissary
Agency, the Secretary may authorize the Defense Commissary
Agency accept reimbursement from a nonappropriated fund
instrumentality for the portion of the cost of the contract
that is attributable to construction for nonappropriated fund
instrumentality activities.''.
SEC. 652. ADDITION OF DEFINITION OF MORALE, WELFARE, AND RECREATION
TELEPHONE SERVICES FOR USE IN CONTRACTS TO PROVIDE SUCH
SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES.
Section 885 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is
amended by adding at the end the following new subsection:
``(c) Morale, Welfare, and Recreation Telephone Services Defined.--
In this section, the term `morale, welfare, and recreation telephone
services' means unofficial telephone calling center services supporting
calling centers provided by the Army and Air Force Exchange Service,
Navy Exchange Service Command, Marine Corps exchanges, or any other
nonappropriated fund instrumentality of the United States under the
jurisdiction of the Armed Forces which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of members of
the Armed Forces.''.
SEC. 653. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE STORE IN
THE NORTHERN MARIANA ISLANDS.
(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the feasibility of replacing the ``Shoppette'' of the Army
and Air Force Exchange Service in the Northern Mariana Islands with a
full-service exchange store. In conducting the study, the Secretary
shall consider the welfare of members of the Armed Forces serving in
the Northern Mariana Islands and dependents of members residing in the
Northern Mariana Islands.
(b) Submission of Results.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the results of the study conducted under
subsection (a).
SEC. 654. CONTINUED OPERATION OF COMMISSARY AND EXCHANGE STORES SERVING
BRUNSWICK NAVAL AIR STATION, MAINE.
The Secretary of Defense shall provide for the continued operation
of each commissary or exchange store serving Brunswick Naval Air
Station, Maine, through September 30, 2011, and may not take any action
to reduce or to terminate the sale of goods at such stores during
fiscal year 2011.
Subtitle F--Alternative Career Track Pilot Program
SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CAREER TRACK FOR
COMMISSIONED OFFICERS TO FACILITATE AN INCREASED
COMMITMENT TO ACADEMIC AND PROFESSIONAL EDUCATION AND
CAREER-BROADENING ASSIGNMENTS.
(a) Program Authorized.--Chapter 39 of title 10, United States
Code, is amended by inserting after section 672 the following new
section:
``Sec. 673. Alternative career track for commissioned officers pilot
program
``(a) Program Authorized.--(1) Under regulations prescribed
pursuant to subsection (g) and approved by the Secretary of Defense,
the Secretary of a military department may establish a pilot program
for an armed force under the jurisdiction of the Secretary under which
an eligible commissioned officer, while on active duty--
``(A) participates in a separate career track characterized
by expanded career opportunities extending over a longer
career;
``(B) agrees to an additional active duty service
obligation of at least five years to be served concurrently
with other active duty service obligations; and
``(C) would be required to accept further active duty
service obligations, as determined by the Secretary, to be
served concurrently with other active duty service obligations,
including the active duty service obligation accepted under
subparagraph (B), in connection with the officer's entry into
education programs, selection for career broadening
assignments, acceptance of additional special and incentive
pays, or selection for promotion.
``(2) The Secretary of the military department concerned may waive
an active duty service obligation accepted under subparagraph (B) or
(C) of paragraph (1) to facilitate the separation or retirement of a
participant in the program.
``(3) The program shall be known as the `Alternative Career Track
Pilot Program' (in this section referred to as the `program').
``(b) Eligible Officers.--Commissioned officers with between 13 and
18 years of service are eligible to volunteer to participate in the
program.
``(c) Number of Participants.--No more than 50 officers of each
armed force may be selected per year to participate in the program.
``(d) Alternative Career Elements of Program.--(1) The Secretaries
of the military departments may establish separate basic pay and
special and incentive pay and promotion systems unique to the officers
participating in the program, without regard to the requirements of
this title, title 37, or administrative year group cohort designation.
``(2) The Secretaries of the military departments may establish
separation and retirement policies for officers participating in the
program without regard to grade and years of service requirements
established under this title.
``(3) Participants serving in a grade below brigadier general or
rear admiral (lower half) may serve in the grade without regard to the
limits on the number of officers in the grade established under this
title.
``(e) Treatment of General and Flag Officer Participants.--(1) A
participant serving in a grade above colonel, or captain in the Navy,
but below lieutenant general or vice admiral, shall be--
``(A) counted for purposes of general officer and flag
officer limits on grade and the total number serving as general
officers and flag officers, if the participant is serving in a
position requiring the assignment of a military officer; but
``(B) excluded from limits on grade and the total number
serving as general officers and flag officers, if the
participant is serving in a position not typically occupied by
a military officer.
``(2) A participant serving in the grade of lieutenant general,
vice admiral, general, or admiral shall be counted for purposes of
general officer and flag officer limits on grade and the total number
serving as general officers and flag officers.
``(f) Return to Standard Career Path; Effect.--(1) The Secretaries
of the military departments retain the authority to involuntarily
return an officer to the standard career path.
``(2) The Secretary of the military department concerned may return
an officer to the standard career path at the request of the officer.
``(3) If the program is terminated pursuant to paragraph (4) or (5)
of subsection (i), officers participating in the program at the time of
the termination shall be returned to the standard career path with
appropriate adjustments to their administrative record to ensure they
are not penalized for participating in the pilot program.
``(4) An officer returned to the standard career path under
paragraph (1), (2), or (3) shall retain the grade, date-of-rank, and
basic pay level earned while a participant in the program but shall
revert to the special and incentive pay authorities established in
title 37 upon the expiration of the agreement between the Secretary and
the officer providing any special and incentive pays under the program.
Subsequent increases in the officer's rate of monthly basic pay shall
conform to the annual percentage increases in basic pay rates provided
in the basic pay table.
``(5) Services will adjust the participating officer's cohort year
group to the appropriate year to ensure the officer remains competitive
for all promotions and command opportunities in their standard career
path.
``(g) Annual Report.--(1) The Secretaries of the military
departments, in cooperation with the Secretary of Defense, shall submit
to the Committees on Armed Services of the Senate and House of
Representatives an annual report containing the findings and
recommendations of the Secretary of Defense and the Secretaries of the
military departments concerning the progress of the program for each
armed force.
``(2) The Secretary of a military department, with the consent of
the Secretary of Defense, may include in the report for a year a
recommendation that the program be made permanent for an armed force
under the jurisdiction of that Secretary.
``(h) Regulations.--The Secretary of each military department shall
prescribe regulations to carry out the program. The regulations shall
be subject to the approval of the Secretary of Defense.
``(i) Commencement; Duration.--(1) Before authorizing the
commencement of the program for an armed force, the Secretary of the
military department concerned, with the consent of the Secretary of
Defense, shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the detailed program
structure of the alternative career track, associated personnel and
compensation policies, implementing instructions and regulations, and a
summary of the specific provisions of this title and title 37 to be
waived under the program. The authority to conduct the program for that
armed force commences 120 days after the date of the submission of the
report.
``(2) The Secretary of the military department concerned, with the
consent of the Secretary of Defense, may authorize revision of the
program structure, associated personnel and compensation policies,
implementing instructions and regulations, or laws waived, as submitted
by the Secretary under paragraph (1). The Secretary of the military
department concerned, with the consent of the Secretary of Defense,
shall submit the proposed revisions to the Committees on Armed Services
of the Senate and House of Representatives. The revisions shall take
effect 120 days after the date of their submission.
``(3) If the program for an armed force has not commenced before
December 31, 2015, as provided in paragraph (1), the authority to
commence the program for that armed force terminates.
``(4) No officer may be accepted to participate in the program
after December 31, 2026.
``(5) The Secretary of the military department concerned, with the
consent of the Secretary of Defense, may terminate the pilot program
for an armed force before the date specified in paragraph (4). Not
later than 90 days after terminating the pilot program, the Secretary
of the military department concerned, in cooperation with the Secretary
of Defense, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the reasons for
the termination.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
672 the following new item:
``673. Alternative career track for commissioned officers pilot
program.''.
Subtitle G--Other Matters
SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM
IN ACTIVE DUTY HEALTH PROFESSION LOAN REPAYMENT PROGRAM.
Section 2173(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The person is enrolled in the Armed Forces Health
Professions Scholarship and Financial Assistance program under
subchapter I of chapter 105 of this title for a number of years
less than the number of years required to complete the normal
length of the course of study required for the specific health
profession.''.
SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, AND STUDENT LOAN
BENEFITS RECEIVED BY MILITARY TECHNICIANS (DUAL STATUS).
(a) Treatment of Enlistment, Reenlistment, and Student Loan
Benefits.--Section 10216 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Retention of Bonuses and Other Benefits.--If an individual is
first employed as a military technician (dual status) while the
individual is already a member of a reserve component, the Secretary
concerned may not--
``(1) require the individual to repay any enlistment,
reenlistment, or affiliation bonus provided to the individual
in connection with the individual's enlistment or reenlistment
before such employment; or
``(2) terminate the individual's participation in an
educational loan repayment program under chapter 1609 of this
title if the individual began such participation before such
employment.''.
(b) Effective Date.--Subsection (h) of section 10216 of title 10,
United States Code, as added by subsection (a), shall apply only with
respect to individuals who are first employed as a military technician
(dual status), as described in subsection (a)(1) of such section 10216,
more than 180 days after the date of the enactment of this Act.
SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE ARMED FORCES MADE
FROM STUDENT LOAN FUNDS.
Section 465(a) of the Higher Education Act of 1965 (20 U.S.C.
1087ee(a)) is amended by adding at the end the following new paragraph:
``(8) For the purpose of this subsection, the term `year of
service' where applied to service by a member of the Armed
Forces described in paragraph (2)(D) means a qualified tour of
duty that--
``(A) is for 6 months or longer; or
``(B) was less than 6 months because the member was
discharged or released from active duty in the Armed
Forces for an injury or disability incurred in or
aggravated by service in the Armed Forces.''.
SEC. 674. REPORT ON PROVISION OF ADDITIONAL INCENTIVES FOR RECRUITMENT
AND RETENTION OF HEALTH CARE PROFESSIONALS FOR RESERVE
COMPONENTS.
Not later than 90 days after the date of the enactment of this Act,
the Surgeons General of the Army, Navy, and Air Force shall submit to
Congress a report on their staffing needs for health care professionals
in the active and reserve components of the Armed Forces. The report
shall specifically identify the positions in most critical need for
additional health care professionals, including the number of
physicians needed and whether additional behavioral health
professionals, such as psychologists and psychiatrists, are needed to
treat members of the Armed Forces for the growing concerns of post
traumatic stress disorder and traumatic brain injury. The report shall
include recommendations for providing incentives for health care
professionals with more than 20 years of clinical experience to join
the active or reserve components, including whether changes in age or
length of service requirements to qualify for partial retired pay for
non-regular service could be used as a recruitment or retention
incentives.
SEC. 675. FLEXIBLE COMMENCEMENT DATES FOR AVAILABILITY OF HOMEOWNER
ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY
REASSIGNED DURING MORTGAGE CRISIS.
(a) Modification of Reassignment, Purchase, and Sale Dates.--
Subsection (a)(3) of section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended--
(1) in subparagraph (C), by striking ``or an earlier end
date designated by the Secretary'' and by inserting ``or an
earlier start or end date designated by the Secretary under
subsection (c)(3)(C) for a specific military base or
installation'';
(2) in subparagraph (D), by inserting ``, or a later
purchase date designated by the Secretary under subsection
(c)(3)(C) for a specific military base or installation'' after
``July 1, 2006''; and
(3) in subparagraph (E), by striking ``between July 1,
2006, and September 30, 2012, or an earlier end date designated
by the Secretary'' and inserting ``between the purchase date in
effect for the military base or installation under subparagraph
(D) and the end date in effect for the military base or
installation under subparagraph (D)''.
(b) Modification Process.--Subsection (c)(3) of such section is
amended by adding at the end the following new subparagraph:
``(C) Modification of reassignment, purchase, and
sale dates.--In exercising the authority under
subsection (a)(3) to designate different reassignment,
purchase, and sale dates for a specific military base
or installation, the Secretary of Defense shall consult
with the Secretary of Housing and Urban Development and
the Secretary of the Treasury regarding the condition
of housing markets in the area of the base or
installation so that the Secretary of Defense has the
information needed to effectively assist members of the
Armed Forces and their families.''.
SEC. 676. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX
OFFENSES FROM RECEIVING CERTAIN BURIAL-RELATED BENEFITS
AND FUNERAL HONORS.
(a) Prohibition Against Interment or Memorialization in National
Cemetery Administration, Arlington National Cemetery, and Certain State
Veterans' Cemeteries; Prohibition Against Provision of Presidential
Memorial Certificate, Flag, and Headstone or Marker.--Section 2411(b)
of title 38, United States Code, is amended by adding at the end the
following new paragraph:
``(4) A person who is classified as a tier III sex offender
under the Sex Offender Registration and Notification Act.''.
(b) Rule of Construction.--Nothing in this Act shall be construed
to terminate any benefit available to any person except those benefits
specifically terminated by the amendment made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to interments and memorializations that occur on or
after the date of the enactment of this Act.
(d) Constitutional Authority.--The constitutional authority on
which this section rests is the power of Congress to make rules for the
government and regulation of the land and naval forces, as enumerated
in article I, section 8, clause 14 of the United States Constitution.
SEC. 677. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND
POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES.
(a) Scholarship Program.--
(1) Program.--The Secretary of Veterans Affairs shall carry
out a program to provide scholarships to qualifying veterans
for pursuit of a graduate or post-graduate degree in behavioral
health sciences.
(2) Designation.--The program carried out under this
section shall be known as the ``Department of Veterans Affairs
HONOR Scholarship Program'' (in this section referred to as the
``scholarship program'').
(b) Qualifying Veterans.--For purposes of this section, a
qualifying veteran is any veteran who--
(1) during service on active duty in the Armed Forces,
participated for such period as the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense, shall
specify for purposes of the scholarship program in a theater of
combat or during a contingency operation overseas;
(2) was retired, discharged, separated, or released from
service in the Armed Forces on or after a date (not earlier
than August 2, 1990) specified by the Secretary of Defense for
purposes of the scholarship program;
(3) at the time of the submittal of an application to
participate in the scholarship program, holds an undergraduate
or graduate degree, as applicable, from an institution of
higher education that qualifies the veteran for pursuit of a
graduate or post-graduate degree in behavioral sciences; and
(4) meets such other qualifications as the Secretary of
Veterans Affairs may establish for purposes of the scholarship
program.
(c) Application.--Each qualifying veteran seeking to participate in
the scholarship program shall submit to the Secretary of Veterans
Affairs an application therefor setting forth such information as the
Secretary shall specify for purposes of the scholarship program.
(d) Agreement.--Each qualifying veteran selected by the Secretary
of Veterans Affairs for participation in the scholarship program shall
enter into an agreement with the Secretary regarding participation in
the scholarship program. The agreement shall contain such terms and
conditions as the Secretary shall specify for purposes of the
scholarship program.
(e) Scholarships.--
(1) In general.--The Secretary of Veterans Affairs shall
provide to each qualifying veteran who enters into an agreement
under subsection (d) a scholarship for such number of academic
years as the Secretary shall specify in the agreement for
pursuit of a graduate or post-graduate degree in behavioral
health sciences at an institution of higher education offering
such degree that is approved by the Secretary for purposes of
the scholarship program.
(2) Elements.--The scholarship provided a qualifying
veteran for an academic year shall consist of payment of the
following:
(A) Tuition of the qualifying veteran for pursuit
of the graduate or post-graduate degree concerned in
the academic year.
(B) Reasonable educational expenses of the
qualifying veteran (including fees, books, and
laboratory expenses) in pursuit of such degree in the
academic year.
(C) A stipend in connection with the pursuit of
such degree in the academic year in such amount as the
Secretary shall specify in the agreement of the
qualifying veteran under subsection (d).
(f) Obligated Service.--Each qualifying veteran who participates in
the scholarship program shall, after completion of the graduate or
post-graduate degree concerned and as jointly provided by the Secretary
of Veterans Affairs and the Secretary of Defense in the agreement of
such qualifying veteran under subsection (d), perform service as
follows:
(1) Such service for the Department of Veterans Affairs in
connection with the furnishing of mental health services to
veterans, and for such period, as the Secretary of Veterans
Affairs shall specify in the agreement.
(2) Such service for the Department of Defense in
connection with the furnishing of mental health services to
members of the Armed Forces, and for such period, as the
Secretary of Veterans Affairs shall, in consultation with the
Secretary of Defense, specify in the agreement.
(3) Such combination of service described by paragraphs (1)
and (2), and for such period, as the Secretary of Veterans
Affairs shall, in consultation with the Secretary of Defense,
specify in the agreement.
(g) Breach of Agreement.--Each qualifying veteran participating in
the scholarship who fails to complete satisfactorily the terms of the
agreement of such qualifying veteran under subsection (d), whether
through failure to obtain the graduate or post-graduate degree
concerned or failure to perform service required of the qualifying
veteran under subsection (f), shall be liable to the United States in
such form and manner as the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, specify in the agreement.
(h) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE
COSTS.
(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2009'' and inserting ``September 30, 2011''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title
is amended by striking ``September 30, 2010'' and inserting ``September
30, 2011''.
SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER TRICARE.
(a) Dependent Coverage.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1110b. TRICARE program: extension of dependent coverage
``(a) In General.--In accordance with subsection (c), an individual
described in subsection (b) shall be deemed to be a dependent (as
described in section 1072(2)(D) of this title) for purposes of TRICARE
coverage.
``(b) Individual Described.--An individual described in this
subsection is an individual who--
``(1) with respect to a member or former member of a
uniformed service, is--
``(A) a child who has not attained the age of 26
and is not eligible to enroll in an eligible employer-
sponsored plan (as defined in section 5000A(f)(2) of
the Internal Revenue Code of 1986); or
``(B) a person who--
``(i) is placed in the legal custody of the
member or former member as a result of an order
of a court of competent jurisdiction in the
United States (or possession of the United
States) for a period of at least 12 consecutive
months;
``(ii) has not attained the age of 26;
``(iii) is not eligible to enroll in an
eligible employer-sponsored plan (as defined in
section 5000A(f)(2) of the Internal Revenue
Code of 1986);
``(iv) resides with the member or former
member unless separated by the necessity of
military service or to receive institutional
care as a result of disability or
incapacitation or under such other
circumstances as the administering Secretary
may by regulation prescribe;
``(v) is not otherwise a dependent of a
member or a former member under any
subparagraph of section 1072(2) of this title;
and
``(vi) is not the child of a dependent who
is described in subparagraph (D) or (I) of
section 1072(2) and is a covered beneficiary;
and
``(2) meets other criteria specified in regulations
prescribed by the Secretary.
``(c) Premium.--(1) The Secretary shall prescribe by regulation a
premium for TRICARE coverage provided pursuant to this section to an
individual described in subsection (b).
``(2) The monthly amount of the premium in effect for a month for
TRICARE coverage pursuant to this section shall be an amount not to
exceed the cost of coverage that the Secretary determines on an
appropriate actuarial basis.
``(3) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(4) Amounts collected as premiums under this paragraph shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(d) TRICARE Coverage Defined.--In this section, the term `TRICARE
coverage' means health care to which a dependent described in section
1072(2)(D) of this title is entitled under section 1076d, 1076e, 1079,
1086, or 1097 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1110a the following new item:
``1110b. TRICARE program: extension of dependent coverage.''.
(b) Conforming Amendment.--Paragraph (1) of section 1086(c) of
title 10, United States Code, is amended by inserting after ``of this
title'' the following: ``(or an individual described in section
1110b(b) who meets the requirements for a dependent under paragraph (1)
or (2) of such section 1076(b))''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 703. SURVIVOR DENTAL BENEFITS.
Paragraph (2) of section 1076a(k) of title 10, United States Code,
is amended to read as follows:
``(2) Such term includes any such dependent of a member who dies--
``(A) while on active duty for a period of more than 30
days; or
``(B) while such member is a member of the Ready
Reserve.''.
SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Paragraph (2) of section 1074f(b) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(D) An aural screening, including an assessment of
tinnitus.''.
(b) Effective Date.--Section 1074f(b)(2) of title 10, United States
Code, as added by subsection (a) of this section, shall apply to
members of the Armed Forces who are deployed or return from deployment
on or after the date that is 30 days after the date of the enactment of
this Act.
SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
During the period beginning on October 1, 2010, and ending on
September 30, 2011, the cost sharing requirements established under
paragraph (6) of section 1074g(a) of title 10, United States Code, for
pharmaceutical agents available through retail pharmacies covered by
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND
INDIVIDUAL MOBILIZATION AUGMENTEES.
(a) Findings.--Congress finds that a veteran who is a member of the
Individual Ready Reserve (or who is an individual mobilization
augmentee) and is not assigned to a unit that musters regularly and has
an established support structure is less likely to be helped by
existing suicide prevention programs carried out by the Secretary of
Defense and the Secretary of Veterans Affairs.
(b) In General.--
(1) Suicide prevention.--Chapter 55 of title 10, United
States Code, is amended by adding after section 1074l the
following new section:
``Sec. 1074m. Suicide prevention for members of the Individual Ready
Reserve and individual mobilization augmentees
``(a) In General.--The Secretary of Defense shall ensure that each
covered member receives a telephone call described in subsection (b)
not less than once every 90 days during the period in which--
``(1) the covered member is a member of the Individual
Ready Reserve; or
``(2) the Secretary determines that the covered member is
an individual mobilization augmentee.
``(b) Counseling Call.--A telephone call described in this
subsection is a call from properly trained personnel to determine the
emotional, psychological, medical, and career needs and concerns of the
covered member.
``(c) Referral.--(1) The personnel making a telephone call
described in subsection (b) shall refer a covered member identified as
being at-risk of self-caused harm to the nearest emergency room for
immediate evaluation and treatment by a qualified mental health care
provider.
``(2) If a covered member is referred under paragraph (1), the
Secretary shall confirm that the member has received the evaluation and
any necessary treatment.
``(d) Reports.--Not later than January 31 of each year, beginning
in 2011, the Secretary shall submit to Congress a report on the number
of covered members who have been referred for counseling or mental
health treatment under this section, as well as the health and career
status of such members.
``(e) Covered Member Defined.--In this section, the term `covered
member' means--
``(1) a member of the Individual Ready Reserve described in
section 10144(b) of this title who has deployed to Afghanistan
or Iraq in support of a contingency operation; or
``(2) a member of a reserve component who the Secretary
determines is an individual mobilization augmentee who has
deployed to Afghanistan or Iraq in support of a contingency
operation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074l the following new item:
``1074m. Suicide prevention for members of the Individual Ready Reserve
and individual mobilization augmentees.''.
SEC. 707. PROVISION OF INFORMATION TO MEMBERS OF THE RESERVE COMPONENTS
REGARDING HEALTH CARE BENEFITS.
(a) Provision of Information.--The Secretary of Defense shall
ensure that each member of a reserve component of the Armed Forces who
is mobilized or demobilized is provided, together with the orders
providing for such mobilization or demobilization, a clear and
comprehensive statement of the medical care and treatment to which such
member is entitled under Federal law by reason of being so mobilized or
demobilized.
(b) Frequency.--The statement required to be provided a member
under subsection (a) upon a mobilization or demobilization shall be
provided to the member each time the member is mobilized or
demobilized, as the case may be.
(c) Elements.--The statement provided a member under subsection (a)
shall include the following:
(1) A clear, comprehensive statement of the medical care
and treatment to which the member is entitled under Federal law
by reason of being mobilized or demobilized, as applicable,
including--
(A) the nature and range of the care and treatment
to which the member is entitled;
(B) the departments and agencies of the Federal
Government that will provide such care and treatment;
(C) the period for which such care and treatment
will be so provided; and
(D) the obligations, if any, of the member in
connection with the receipt of such care and treatment.
(2) A clear, comprehensive statement of the health care
insurance available under Federal law for the member's family,
if any, by reason of the mobilization or demobilization of the
member.
(3) A clear, comprehensive description of the mental health
assessments available to the member before, during, and after
deployment pursuant to section 708 of the national defense
authorization act for fiscal year 2010 (Public Law 111-84; 123
Stat. 2376; 10 U.S.C. 1074f note).
(4) Such other matters as the Secretary considers
appropriate.
Subtitle B--Health Care Administration
SEC. 711. ADMINISTRATION OF TRICARE.
Subsection (a) of section 1073 of title 10, United States Code, is
amended--
(1) by striking ``Except'' and inserting ``(1) Except'';
and
(2) by adding at the end the following new paragraph:
``(2) Except as otherwise provided in this chapter, the Secretary
of Defense shall have sole responsibility for administering the TRICARE
program and making any decision affecting such program.''.
SEC. 712. UPDATED TERMINOLOGY FOR THE ARMY MEDICAL SERVICE CORPS.
Paragraph (5) of section 3068 of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``Pharmacy, Supply,
and Administration'' and inserting ``Administrative Health
Services'';
(2) in subparagraph (C), by striking ``Sanitary
Engineering'' and inserting ``Preventive Medicine Sciences'';
and
(3) in subparagraph (D), by striking ``Optometry'' and
inserting ``Clinical Health Sciences''.
SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO
MILITARY HEALTH-CARE PROFESSIONALS WHO ARE MEMBERS OF THE
NATIONAL GUARD PERFORMING DUTY WHILE IN TITLE 32 STATUS.
Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)'';
(2) in paragraph (2), by inserting ``as being described in
this paragraph'' after ``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(3) A health-care professional referred to in paragraph (1) as
being described in this paragraph is a member of the National Guard
who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health profession;
and
``(B) is performing training or duty under title 32 in
response to an actual or potential disaster.''.
SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FACILITIES OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Annual Reports.--Section 1073b of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(c) Annual Report on Joint Health Care Facilities of the
Department of Defense and the Department of Veterans Affairs.--(1) At
the same time that the budget of the President is submitted under
section 1105(a) of title 31 for each fiscal year, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly submit to
the appropriate congressional committees a report on joint facilities.
``(2) Each report under paragraph (1) shall include the following:
``(A) A list of each military medical treatment facility of
the Department of Defense that the Secretary of Defense is
considering as a potential joint facility.
``(B) A list of each medical facility of the Department of
Veterans Affairs that the Secretary of Veterans Affairs is
considering as a potential joint facility.
``(C) A list of each military medical treatment facility of
the Department of Defense and medical facility of the
Department of Veterans Affairs that has been established as a
joint facility.
``(3)(A) Except as provided in subparagraph (B), no funds
authorized to be appropriated or otherwise made available for fiscal
year 2012 or any fiscal year thereafter for military medical treatment
facilities of the Department of Defense may be obligated or expended to
establish a joint facility unless both the military medical treatment
facility of the Department of Defense and the medical facility of the
Department of Veterans Affairs were included in a report under
paragraph (1).
``(B) The Secretary of Defense may waive the limitation in
subparagraph (A) with respect to establishing a joint facility not
included in a report under paragraph (1) if--
``(i) the Secretary and the Secretary of Veterans Affairs
jointly submit to the appropriate congressional committees--
``(I) written certification that the Secretaries
began considering such joint facility after the most
recent report under subsection (a) was submitted to the
appropriate congressional committees; and
``(II) a report on such joint facility, including
the location and the estimated cost; and
``(ii) a period of 30 days has elapsed after the date on
which the certification and report under clause (i) are
submitted to the appropriate congressional committees.
``(4) In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the congressional defense committees;
``(ii) the Committee on Veterans' Affairs of the
House of Representatives; and
``(iii) the Committee on Veterans' Affairs of the
Senate.
``(B) The term `joint facility' means a military medical
treatment facility of the Department of Defense and a medical
facility of the Department of Veterans Affairs that are
combined, operated jointly, or otherwise operated in such a
manner that a facility of one department is operating in or
with a facility of the other department.
``(C) The term `medical facility', with respect to a
facility of the Department of Veterans Affairs, has the meaning
given that term in section 8101(3) of title 38.''.
(b) Title 38.--
(1) In general.--Subchapter IV of chapter 81 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 8159. Limitation on establishment of joint facilities of the
Department of Veterans Affairs and the Department of
Defense
``(a) Limitation.--Except as provided in subsection (b), no funds
authorized to be appropriated or otherwise made available for fiscal
year 2012 or any fiscal year thereafter for medical facilities of the
Department of Veterans Affairs may be obligated or expended to
establish a joint facility unless both the medical facility of the
Department of Veterans Affairs and the military medical treatment
facility of the Department of Defense were included in a report
submitted by the Secretary of Veterans Affairs and the Secretary of
Defense to the appropriate congressional committees under section
1073b(c) of title 10.
``(b) Waiver.--The Secretary of Veterans Affairs may waive the
limitation in subsection (a) with respect to establishing a joint
facility not included in a report under section 1073b(c) of title 10
if--
``(1) the Secretary and the Secretary of Defense jointly
submit to the appropriate congressional committees--
``(A) written certification that the Secretaries
began considering such joint facility after the most
recent report under section 1073b(c) of title 10 was
submitted to the appropriate congressional committees;
and
``(B) a report on such joint facility, including
the location and the estimated cost; and
``(2) a period of 30 days has elapsed after the date on
which the certification and report under paragraph (1) are
submitted to the appropriate congressional committees.
``(c) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the congressional defense committees (as
defined in section 101(a)(16) of title 10);
``(B) the Committee on Veterans' Affairs of the
House of Representatives; and
``(C) the Committee on Veterans' Affairs of the
Senate.
``(2) The term `joint facility' means a military medical
treatment facility of the Department of Defense and a medical
facility of the Department of Veterans Affairs that are
combined, operated jointly, or otherwise operated in such a
manner that a facility of one department is operating in or
with a facility of the other department.
``(3) The term `medical facility' has the meaning given
that term in section 8101(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8158 the following new item:
``8159. Limitation on establishment of joint facilities of the
Department of Veterans Affairs and the
Department of Defense.''.
SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR MEDICAL
CORPS OFFICERS.
(a) Review of Training Programs for Medical Officers.--The
Secretary of Defense shall conduct a review of training programs for
medical officers (as defined in section 101(b)(14) of title 10, United
States Code) to ensure that the academic and military performance of
such officers has been completely documented in military personnel
records. The programs reviewed shall include, at a minimum, the
following:
(1) Programs at the Uniformed Services University of the
Health Sciences that award a medical doctor degree.
(2) Selected residency programs at military medical
treatment facilities, as determined by the Secretary, to
include at least one program in each of the specialties of--
(A) anesthesiology;
(B) emergency medicine;
(C) family medicine;
(D) general surgery;
(E) neurology;
(F) obstetrics/gynecology;
(G) pathology;
(H) pediatrics; and
(I) psychiatry.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the findings of the review under
subsection (a).
SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF HEALTH CARE PROVIDED TO
INELIGIBLE INDIVIDUALS.
(a) Study.--The Secretary of Defense shall conduct a study on the
costs incurred by the United States on behalf of individuals--
(1) who are not covered beneficiaries; and
(2) who receive health care services from a health care
provider under the TRICARE program.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study under subsection (a),
including recommendations for legislative action that the Secretary
considers appropriate to--
(1) prevent individuals who are not covered beneficiaries
from receiving health care services from a health care provider
under the TRICARE program; and
(2) recoup the costs of such health care from such
individuals.
(c) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given
that term in section 1072(5) of title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of such title.
SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION PROJECT.
The Secretary of Defense may not transfer any funds authorized to
be appropriated by this Act for fiscal year 2011 to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund established in section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571) unless, before any such transfer--
(1) the Secretary submits to the congressional defense
committees, the Committee on Veterans' Affairs of the House of
Representatives, and the Committee on Veterans' Affairs of the
Senate a report providing--
(A) notice of the proposed transfer; and
(B) the exact amount and source of funds to be
transferred; and
(2) a period of 30 days has elapsed (excluding days of
which either House of Congress is not in session) after the
report is submitted under paragraph (1).
SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH INFORMATION TECHNOLOGY
PROGRAMS.
(a) Study.--The Secretary of Defense shall conduct an enterprise
risk assessment methodology study of all health information technology
programs of the Department of Defense.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the results of the study
required under subsection (a).
Subtitle C--Other Matters
SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--In accordance with section 721 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4506), the Secretary of Defense shall examine
methods to improve the aural protection for members of the Armed Forces
in combat.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
methods to improve aural protection examined under subsection (a).
SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE ASSESSMENT BY THE
MILITARY HEALTH CARE SYSTEM.
(a) Comprehensive Policy Required.--Not later than September 30,
2011, the Secretary of Defense shall develop and implement a
comprehensive policy on pre- and post-deployment neurocognitive
assessment.
(b) Scope of Policy.--The policy required by subsection (a) shall
cover each of the following:
(1) Require the administration of the same pre-deployment
and post-deployment neurocognitive assessments to all members
of the military who are preparing to deploy or have returned
from deployment.
(2) Require the standardization of testing procedures for
neurocognitive assessments.
(3) Provide for follow-up neurocognitive assessments as
needed to create a longitudinal neurocognitive assessment
record for the on-going care of members of the Armed Forces.
(4) Ensure the neurocognitive assessment results and
reports be made available to members of the Armed Forces and
veterans for their personal use in health management.
(c) Updates.--The Secretary shall revise the policy required by
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
(d) Annual Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and on September 30 of each year
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the policy
required by subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of the policy implemented under
subsection (b), and any revisions to such policy under
subsection (d).
(B) A description of the performance measures used
to determine the effectiveness of the policy in
improving the use of neurocognitive assessments
throughout the Department of Defense.
(e) Cognitive Impairment Screenings.--Until the comprehensive
policy under subsection (a) is implemented, the Secretary shall use the
same cognitive screening tool for pre-deployment and post-deployment
screening to compare new data to previous baseline data for the
purposes of detecting cognitive impairment (as described in section
1618(e)(6) of the Wounded Warrior Act (title XVI of Public Law 110-181;
10 U.S.C. 1071 note)) for each member of the Armed Forces--
(1) who returns from a deployment in support of a
contingency operation; and
(2) who completed a neurocognitive assessment prior to the
implementation of a new pre-deployment and post-deployment
screening tool.
(f) Conclusion of Studies on Cognitive Assessment Tools.--Not later
than September 30, 2011, the Secretary of Defense shall complete any
outstanding comparative studies on the effectiveness of various
cognitive screening tools, including existing tools used for pre-
deployment and post-deployment screenings, for the implementation of
the comprehensive policy under subsection (a).
SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.
(a) Designation.--Not later than October 1, 2011, the Secretary of
Defense may designate a center to be known as the ``National Casualty
Care Research Center'' (in this section referred to as the ``Center''),
which shall consist of the program known as the combat casualty care
research program of the Army Medical Research and Materiel Command.
(b) Director.--The Secretary, in consultation with the commanding
general of the Army Medical Research and Materiel Command, shall
appoint a director of the Center.
(c) Activities of the Center.--In addition to other functions
performed by the combat casualty care research program, the Center
shall--
(1) provide a public-private partnership for funding
clinical and experimental studies in combat injury;
(2) integrate laboratory and clinical research to hasten
improvements in care to members of the Armed Forces who are
injured;
(3) ensure that data from both military and civilian
entities, including the Joint Theater Trauma Registry and the
National Trauma Data Bank, are optimally used to establish
research agendas and measure improvements in outcomes;
(4) fund the full range of injury research and evaluation,
including--
(A) laboratory, translational, and clinical
research;
(B) point of wounding and pre-hospital care;
(C) early resuscitative management;
(D) initial and definitive surgical care; and
(E) rehabilitation and reintegration into society;
and
(5) coordinate the collaboration of civilian and military
institutions conducting trauma research.
SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST CANCER AMONG FEMALE
MEMBERS OF THE ARMED FORCES.
(a) Report.--Not later than March 1, 2011, the Secretary of Defense
shall submit to the congressional defense committees a report on the
feasibility of conducting a case-control study described in subsection
(b).
(b) Case-control Study.--A case-control study described in this
subsection is a case-control study on the incidence of breast cancer
among covered members in order to determine whether covered members
were at an elevated risk of having breast cancer, including the
following:
(1) A determination of the number of covered members who
have been diagnosed with breast cancer.
(2) A sample of covered members who have not been diagnosed
with breast cancer who could serve as an appropriate comparison
group.
(3) A determination of demographic information and
potential breast cancer risk factors regarding covered members
who are included in the study, including--
(A) race;
(B) ethnicity;
(C) age;
(D) possible exposure to hazardous elements or
chemical or biological agents (including any vaccines)
and where such exposure occurred;
(E) known breast cancer risk factors, including
familial, reproductive, and anthropometric parameters;
(F) the locations of duty stations that such member
was assigned;
(G) the locations in which such member was
deployed; and
(H) the geographic area of residence prior to
deployment.
(4) An analysis of the clinical characteristics of breast
cancer diagnosed in covered members (including the stage,
grade, and other details of the cancer).
(5) Other information the Secretary considers appropriate.
(c) Covered Members Defined.--In this section, the term ``covered
members'' means female members of the Armed Forces (including members
of the National Guard and reserve components) who served in Operation
Enduring Freedom or Operation Iraqi Freedom.
SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY
OCCUPATION.
(a) Assessment.--The Secretary of Defense shall conduct an
assessment of post-traumatic stress disorder incidence by military
occupation, including identification of military occupations with a
high incidence of such disorder.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the assessment under subsection (a).
SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.
(a) Authority to Establish.--The Secretary of Defense may establish
a program to be known as the Visiting NIH Senior Neuroscience
Fellowship Program at--
(1) the Defense Advanced Research Projects Agency; and
(2) the Defense Center of Excellence for Psychological
Health and Traumatic Brain Injury.
(b) Activities of the Program.--In establishing the Visiting NIH
Senior Neuroscience Fellowship Program under subsection (a), the
Secretary shall require the program to--
(1) provide a partnership between the National Institutes
of Health and the Defense Advanced Research Projects Agency to
enable identification and funding of the broadest range of
innovative, highest quality clinical and experimental
neuroscience studies for the benefit of members of the Armed
Forces;
(2) provide a partnership between the National Institutes
of Health and the Defense Center of Excellence for
Psychological Health and Traumatic Brain Injury that will
enable identification and funding of clinical and experimental
neuroscience studies for the benefit of members of the Armed
Forces;
(3) use the results of the studies described in paragraph
(1) and (2) to enhance the mission of the National Institutes
of Health for the benefit of the public; and
(4) provide a military and civilian collaborative
environment for neuroscience-based medical problem-solving in
critical areas affecting both military and civilian life,
particularly post-traumatic stress disorder.
(c) Period of Fellowship.--The period of any fellowship under the
Program shall not last more than 2 years and shall not continue unless
agreed upon by the parties concerned.
SEC. 727. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE
ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND
POST-TRAUMATIC STRESS DISORDER.
(a) Payment Process.--The Secretary of Defense and the Secretary of
Veterans Affairs shall carry out a five-year pilot program under which
each such Secretary shall establish a process through which each
Secretary shall provide payment for treatments (including diagnostic
testing) of traumatic brain injury or post-traumatic stress disorder
received by members of the Armed Forces and veterans in health care
facilities other than military treatment facilities or Department of
Veterans Affairs medical facilities. Such process shall provide that
payment be made directly to the health care facility furnishing the
treatment.
(b) Conditions for Payment.--The approval by a Secretary for
payment for a treatment pursuant to subsection (a) shall be subject to
the following conditions:
(1) Any drug or device used in the treatment must be
approved or cleared by the Food and Drug Administration for any
purpose.
(2) The treatment or study protocol used in treating the
member or veteran must have been approved by an institutional
review board operating in accordance with regulations issued by
the Secretary of Health and Human Services.
(3) The approved treatment or study protocol (including any
patient disclosure requirements) must be used by the health
care provider delivering the treatment.
(4) The patient receiving the treatment or study protocol
must demonstrate an improvement as a result of the treatment on
one or more of the following:
(A) Standardized independent pre-treatment and
post-treatment neuropsychological testing.
(B) Accepted survey instruments.
(C) Neurological imaging.
(D) Clinical examination.
(5) The patient receiving the treatment or study protocol
must be receiving the treatment voluntarily.
(6) The patient receiving the treatment may not be a
retired member of the uniformed services or of the Armed Forces
who is entitled to benefits under part A, or eligible to enroll
under part B, of title XVIII of the Social Security Act.
(c) Additional Restrictions Prohibited.--Except as provided in this
subsection (b), no restriction or condition for reimbursement may be
placed on any health care provider that is operating lawfully under the
laws of the State in which the provider is located with respect to the
receipt of payment under this Act.
(d) Payment Deadline.--The Secretary of Defense and the Secretary
of Veterans Affairs shall make a payment for a treatment or study
protocol pursuant to subsection (a) not later than 30 days after a
member of the Armed Forces or veteran (or health care provider on
behalf of such member or veteran) submits to the Secretary
documentation regarding the treatment or study protocol. The Secretary
of Defense and the Secretary of Veterans Affairs shall ensure that the
documentation required under this subsection may not be an undue burden
on the member of the Armed Forces or veteran or on the health care
provider.
(e) Payment Source.--Subsection (c)(1) of section 1074 of title 10,
United States Code, shall apply with respect to the payment by the
Secretary of Defense for treatment or study protocols pursuant to
subsection (a) of traumatic brain injury and post-traumatic stress
disorder received by members of the Armed Forces.
(f) Payment Amount.--A payment under this Act shall be made at the
equivalent Centers for Medicare and Medicaid Services reimbursement
rate in effect for appropriate treatment codes for the State or
territory in which the treatment or study protocol is received. If no
such rate is in effect, payment shall be made at a fair market rate, as
determined by the Secretary of Defense, in consultation with the
Secretary of Health and Human Services, with respect to a patient who
is a member of the Armed Forces or the Secretary of Veterans Affairs
with respect to a patient who is a veteran.
(g) Data Collection and Availability.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly develop and maintain a
database containing data from each patient case involving the
use of a treatment under this section. The Secretaries shall
ensure that the database preserves confidentiality and be made
available only--
(A) for third-party payer examination;
(B) to the appropriate congressional committees and
employees of the Department of Defense, the Department
of Veterans Affairs, the Department of Health and Human
Services, and appropriate State agencies; and
(C) to the primary investigator of the
institutional review board that approved the treatment
or study protocol, in the case of data relating to a
patient case involving the use of such treatment or
study protocol.
(2) Enrollment in institutional review board study.--In the
case of a patient enrolled in a registered institutional review
board study, results may be publically distributable in
accordance with the regulations prescribed pursuant to the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) and other regulations and practices in
effect as of the date of the enactment of this Act.
(3) Qualified institutional review boards.--The Secretary
of Defense and the Secretary of Veterans Affairs shall each
ensure that the Internet website of their respective
departments includes a list of all civilian institutional
review board studies that have received a payment under this
Act.
(h) Assistance for Members To Obtain Treatment.--
(1) Assignment to temporary duty.--The Secretary of a
military department may assign a member of the Armed Forces
under the jurisdiction of the Secretary to temporary duty or
allow the member a permissive temporary duty in order to permit
the member to receive treatment or study protocol for traumatic
brain injury or post-traumatic stress disorder, for which
payments shall be made under subsection (a), at a location
beyond reasonable commuting distance of the member's permanent
duty station.
(2) Payment of per diem.--A member who is away from the
member's permanent station may be paid a per diem in lieu of
subsistence in an amount not more than the amount to which the
member would be entitled if the member were performing travel
in connection with a temporary duty assignment.
(3) Gift rule waiver.--Notwithstanding any rule of any
department or agency with respect to ethics or the receipt of
gifts, any assistance provided to a member of the Armed Forces
with a service-connected injury or disability for travel,
meals, or entertainment incidental to receiving treatment or
study protocol under this Act, or for the provision of such
treatment or study protocol, shall not be subject to or covered
by any such rule.
(i) Retaliation Prohibited.--No retaliation may be made against any
member of the Armed Forces or veteran who receives treatment or study
protocol as part of registered institutional review board study carried
out by a civilian health care practitioner.
(j) Treatment of University and Nationally Accredited Institutional
Review Boards.--For purposes of this Act, a university-affiliated or
nationally accredited institutional review board shall be treated in
the same manner as a Government institutional review board.
(k) Memoranda of Understanding.--The Secretary of Defense and the
Secretary of Veterans Affairs shall seek to expeditiously enter into
memoranda of understandings with civilian institutional review boards
described in subsection (j) for the purpose of providing for members of
the Armed Forces and veterans to receive treatment carried out by
civilian health care practitioners under a treatment or study protocol
approved by and under the oversight of civilian institutional review
boards that would qualify for payment under this Act.
(l) Outreach Required.--
(1) Outreach to veterans.--The Secretary of Veterans
Affairs shall notify each veteran with a service-connected
injury or disability of the opportunity to receive treatment or
study protocol pursuant to this Act.
(2) Outreach to members of the armed forces.--The Secretary
of Defense shall notify each member of the Armed Forces with a
service-connected injury or disability of the opportunity to
receive treatment or study protocol pursuant to this Act.
(m) Report to Congress.--Not later than 30 days after the last day
of each fiscal year during which the Secretary of Defense and the
Secretary of Veterans Affairs are authorized to make payments under
this Act, the Secretaries shall jointly submit to Congress an annual
report on the implementation of this Act. Such report shall include
each of the following for that fiscal year:
(1) The number of individuals for whom the Secretary has
provided payments under this Act.
(2) The condition for which each such individual receives
treatment for which payment is provided under this Act and the
success rate of each such treatment.
(3) Treatment methods that are used by entities receiving
payment provided under this Act and the respective rate of
success of each such method.
(4) The recommendations of the Secretaries with respect to
the integration of treatment methods for which payment is
provided under this Act into facilities of the Department of
Defense and Department of Veterans Affairs.
(n) Termination.--The authority to make a payment under this Act
shall terminate on the date that is five years after the date of the
enactment of this Act.
(o) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $10,000,000 for each fiscal year
during which the Secretary of Veterans Affairs and the Secretary of
Defense are authorized to make payments under this Act.
SEC. 728. POST-TRAUMATIC STRESS DISORDER COUNSELING FOR CIVILIAN
VICTIMS OF THE FORT HOOD SHOOTING AND OTHER SIMILAR
INCIDENTS.
The Secretary of Defense shall make available to each civilian
victim of a shooting on a military installation in the United States,
including the shooting at Fort Hood on November 5, 2009, extensive
counseling for post-traumatic stress disorder.
SEC. 729. SENSE OF CONGRESS CONCERNING THE IMPLEMENTATION OF THE
CONGRESSIONALLY-MANDATED RECOMMENDATIONS OF THE INSTITUTE
OF MEDICINE STUDY.
(a) Findings.--Congress finds the following:
(1) Section 717 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1073 note)
directed the Secretary of Defense to enter into a contract with
the Institute of Medicine of the National Academy of Sciences
to conduct a study and make recommendations regarding the
credentials, preparation, and training of licensed mental
health counselors.
(2) In the study, the Institute of Medicine of the National
Academy of Sciences recommends permitting counselors to
practice independently under the TRICARE program.
(3) In addition, the Institute of Medicine of the National
Academy of Sciences recommends that TRICARE implement a
comprehensive quality management system for all of its mental
health professionals.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should implement the requirements of subsection
(a) of such section 717 by not later than December 31, 2010, because
such implementation will increase the urgently needed mental health
staff of the Department of Defense and ensure that members of the Armed
Forces will receive timely and confidential post-deployment screenings
with a mental health professional.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.
(a) In General.--Section 2320 of title 10, United States Code, is
amended--
(1) in subsection (c)(2)--
(A) by inserting ``or covered litigation support
contractor'' after ``covered Government support
contractor''; and
(B) by inserting after ``oversight of'' the
following: ``, or preparation for litigation relating
to,''; and
(2) by inserting after subsection (f) the following:
``(g) In this section, the term `covered litigation support
contractor' means a contractor (including an expert or technical
consultant) under contract with the Department of Defense to provide
litigation support, which contractor executes a contract with the
Government agreeing to and acknowledging--
``(1) that proprietary or nonpublic technical data
furnished will be accessed and used only for the purposes
stated in that contract;
``(2) that the covered litigation support contractor will
take all reasonable steps to protect the proprietary and
nonpublic nature of the technical data furnished to the covered
litigation support contractor; and
``(3) that such technical data provided to the covered
litigation support contractor under the authority of this
section shall not be used by the covered litigation support
contractor to compete against the third party for Government or
non-Government contracts.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 120 days after the date of the
enactment of this Act.
SEC. 802. DESIGNATION OF F135 AND F136 ENGINE DEVELOPMENT AND
PROCUREMENT PROGRAMS AS MAJOR SUBPROGRAMS.
(a) Designation as Major Subprograms.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
designate each of the engine development and procurement programs
described in subsection (b) as a major subprogram of the F-35 Lightning
II aircraft major defense acquisition program, in accordance with
section 2430a of title 10, United States Code.
(b) Description.--For purposes of subsection (a), the engine
development and procurement programs are the following:
(1) The F135 engine development and procurement program.
(2) The F136 engine development and procurement program.
(c) Original Baseline.--For purposes of reporting requirements
referred to in section 2430a(b) of title 10, United States Code, for
the major subprograms designated under subsection (a), the Secretary
shall use the Milestone B decision for each subprogram as the original
baseline for the subprogram.
(d) Actions Following Critical Cost Growth.--
(1) In general.--Subject to paragraph (2), to the extent
that the Secretary elects to restructure the F-35 Lightning II
aircraft major defense acquisition program subsequent to a
reassessment and actions required by subsections (a) and (c) of
section 2433a of title 10, United States Code, during fiscal
year 2010, and also conducts such reassessment and actions with
respect to the F135 and F136 engine development and procurement
programs (including related reporting based on the original
baseline as defined in subsection (c)), the requirements of
section 2433a of such title with respect to a major subprogram
designated under subsection (a) shall be considered to be met
with respect to the major subprogram.
(2) Limitation.--Actions taken in accordance with paragraph
(1) shall be considered to meet the requirements of section
2433a of title 10, United States Code, with respect to a major
subprogram designated under subsection (a) only to the extent
that designation as a major subprogram would require the
Secretary of Defense to conduct a reassessment and take actions
pursuant to such section 2433a for such a subprogram upon
enactment of this Act. The requirements of such section 2433a
shall not be considered to be met with respect to such a
subprogram in the event that additional programmatic changes,
following the date of the enactment of this Act, cause the
program acquisition unit cost or procurement unit cost of such
a subprogram to increase by a percentage equal to or greater
than the critical cost growth threshold (as defined in section
2433(a)(5) of such title) for the subprogram.
SEC. 803. CONFORMING AMENDMENTS RELATING TO INCLUSION OF MAJOR
SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION PROGRAMS UNDER
VARIOUS ACQUISITION-RELATED REQUIREMENTS.
(a) Conforming Amendments to Section 2366a.--Section 2366a of such
title is amended--
(1) in subsections (a), (b)(1), and (b)(2)--
(A) by inserting ``or designated major subprogram''
after ``major defense acquisition program''; and
(B) by inserting ``or subprogram'' after
``program'' each place it appears (other than after
``major defense acquisition program'', after ``space
program'', before ``requirements'', and before
``manager''); and
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program as designated
under section 2430a(a)(1) of this title.''.
(b) Conforming Amendments to Section 2366b.--Section 2366b of such
title is amended--
(1) in subsections (a), (b)(1), and (c)(1)--
(A) by inserting ``or designated major subprogram''
after ``major defense acquisition program''; and
(B) by inserting ``or subprogram'' after
``program'' each place it appears (other than after
``major defense acquisition program'', after ``future-
years defense program'', and after ``space program'');
and
(2) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program as designated
under section 2430a(a)(1) of this title.''.
(c) Conforming Amendments to Section 2399.--Subsection (a) of
section 2399 of such title is amended to read as follows:
``(a) Condition for Proceeding Beyond Low-rate Initial
Production.--(1) The Secretary of Defense shall provide that a covered
major defense acquisition program or a covered designated major
subprogram may not proceed beyond low-rate initial production until
initial operational test and evaluation of the program or subprogram is
completed.
``(2) In this subsection:
``(A) The term `covered major defense acquisition program'
means a major defense acquisition program that involves the
acquisition of a weapon system that is a major system within
the meaning of that term in section 2302(5) of this title.
``(B) The term `covered designated major subprogram' means
a major subprogram designated under section 2430a(a)(1) of this
title that is a major subprogram of a covered major defense
acquisition program.''.
(d) Conforming Amendments to Section 2434.--Section 2434(a) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The provisions of this section shall apply to any major
subprogram of a major defense acquisition program (as designated under
section 2430a(a)(1) of this title) in the same manner as those
provisions apply to a major defense acquisition program, and any
reference in this section to a program shall be treated as including
such a subprogram.''.
SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO
COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION
AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.
(a) Requirement to Establish Procedures.--Subsection (a) of section
806 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (10 U.S.C. 2302 note) is amended by striking ``items that are--''
and inserting ``supplies that are--''.
(b) Issues to Be Addressed.--Subsection (b) of such section is
amended--
(1) in paragraph (1)(B), by striking ``items'' and
inserting ``supplies''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``items'' and inserting ``supplies'';
(B) in subparagraph (A), by striking ``an item''
and inserting ``the supplies'';
(C) in subparagraph (B), by striking ``an item''
and inserting ``the supplies''; and
(D) in subparagraph (C), by inserting ``and
utilization'' after ``deployment''.
(c) Response to Combat Emergencies.--Subsection (c) of such section
is amended--
(1) by striking ``equipment'' each place it appears and
inserting ``supplies'';
(2) by striking ``combat capability'' each place it
appears;
(3) by inserting ``, or could result,'' after ``that has
resulted'' each place it appears;
(4) by striking ``fatalities'' each place it appears and
inserting ``casualties'';
(5) in paragraphs (1) and (2)(A), by striking ``is'' each
place it appears and inserting ``are'';
(6) in paragraph (3)--
(A) by striking ``The authority of this section may
not be used to acquire equipment in an amount
aggregating more than $100,000,000 during any fiscal
year.''; and
(B) by inserting ``in an amount aggregating no more
than $200,000,000'' after ``for that fiscal year'';
(7) in paragraph (4), by striking ``Each such notice'' and
inserting ``For each such determination, the notice under the
preceding sentence''; and
(8) in paragraph (5), by striking ``that equipment'' and
inserting ``those supplies''.
(d) Waiver of Certain Statues and Regulations.--Subsection (d)(1)
of such section is amended by striking ``equipment'' in subparagraphs
(A), (B), and (C) and inserting ``supplies''.
(e) Testing Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``an item'' in the matter preceding
subparagraph (A) and inserting ``the supplies''; and
(B) in subparagraph (B), by striking ``of the
item'' and all that follows through ``requirements
document'' and inserting ``of the supplies in meeting
the original requirements for the supplies (as stated
in a statement of the urgent operational need'';
(2) in paragraph (2)--
(A) by striking ``an item'' and inserting
``supplies''; and
(B) by striking ``the item'' and inserting ``the
supplies''; and
(3) in paragraph (3)--
(A) by striking ``If items'' and inserting ``If the
supplies''; and
(B) by striking ``items'' each place it appears and
inserting ``supplies''.
(f) Limitation.--Subsection (f) of such section is amended to read
as follows:
``(f) Limitation.--In the case of supplies that are part of a major
system for which a low-rate initial production quantity determination
has been made pursuant to section 2400 of title 10, United States Code,
the quantity of such supplies acquired using the procedures prescribed
pursuant to this section may not exceed an amount consistent with
complying with limitations on the quantity of articles approved for
low-rate initial production for such system. Any such supplies shall be
included in any relevant calculation of quantities for low-rate initial
production for the system concerned.''.
SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES ENGAGING IN COMMERCIAL
ACTIVITY IN THE ENERGY SECTOR OF IRAN.
(a) Prohibition on Contracts.--
(1) Prohibition.--The Secretary of Defense, beginning 90
days after the date of the enactment of this Act, may not enter
into any contract with--
(A) an entity that engages in commercial activity
in the energy sector of Iran; or
(B) a successor entity to the entity described in
subparagraph (A).
(2) Definition.--For purposes of this subsection, an entity
engages in commercial activity in the energy sector of Iran if
the entity, when entering into a contract with the Department
of Defense for goods and services, fails to certify to the
contracting officer that the entity does not engage in an
activity for which sanctions may be imposed under section 5(a)
of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note).
(b) Remedies.--
(1) In general.--If the Secretary of Defense, in
consultation with the Secretary of State, determines that an
entity has submitted a false certification under subsection
(a)(2), the Secretary of Defense may terminate a contract with
such entity or debar or suspend such entity from eligibility
for Department of Defense contracts for a period of not more
than 3 years. Any such debarment or suspension shall be subject
to the procedures that apply to debarment and suspension under
the Federal Acquisition Regulation under subpart 9.4 of part 9
of title 48, Code of Federal Regulations.
(2) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs.--The Administrator of
General Services shall include on the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs maintained
by the Administrator under part 9 of the Federal Acquisition
Regulation issued pursuant to section 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 421) each entity that
is debarred, suspended, or proposed for debarment or suspension
by the Secretary on the basis of a determination of a false
certification under paragraph (1).
(c) Waivers.--
(1) Authority.--The Secretary of Defense may on a case by-
case basis waive the requirement that an entity make a
certification under subsection (a)(2) if the Secretary
determines that it is in the interest of national security to
do so.
(2) Contents of certification.--Upon issuing a waiver under
paragraph (1) with respect to an entity, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a notification that identifies
the entity involved, the nature of the contract, and the
rationale for issuing the waiver.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CERTAIN FIBERS; LIMITATION
ON SPECIFICATION.
(a) Extension.--Section 829 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C.
2533a note) is amended in subsection (f) by striking ``on the date that
is five years after the date of the enactment of this Act'' and
inserting ``on January 1, 2021''.
(b) Prohibition on Specification in Solicitations.--No solicitation
issued before January 1, 2021, by the Department of Defense may include
a requirement that proposals submitted pursuant to such solicitation
must include the use of fire resistant rayon fiber.
SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.
Section 2473 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsection (d)'' and
inserting ``subsection (c)'';
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(4) by adding at the end the following new subsection (e):
``(e) Competitive Procedures.--If the Secretary determines under
subsection (a) that the requirement to procure property or services
described in subsection (b) for the Department of Defense from a firm
in the small arms production industrial base is not necessary to
preserve such industrial base, any such procurement shall be awarded
through the use of competitive procedures that afford such industrial
base a fair opportunity to be considered for such procurement.''.
SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF SPECIALTY
METALS WITHIN THE UNITED STATES.
Section 2533b(m) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(11) The term `produced', as used in subsections (a) and
(b), means melted, or processed in a manner that results in
physical or chemical property changes that are the equivalent
of melting. The term does not include finishing processes such
as rolling, heat treatment, quenching, tempering, grinding, or
shaving.''.
Subtitle C--Studies and Reports
SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND
FUNDING OF TECHNOLOGIES SUPPORTING NETWORK-CENTRIC
OPERATIONS.
(a) Studies Required.--
(1) Independent study.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall enter into a contract with an independent federally
funded research and development center to carry out a
comprehensive study of policies, procedures, organization, and
regulatory constraints affecting the acquisition of
technologies supporting network-centric operations. The
contract shall be funded from amounts appropriated pursuant to
an authorization of appropriations in this Act or otherwise
made available for fiscal year 2011 for operation and
maintenance for Defense-wide activities.
(2) Joint chiefs of staff study.--The Chairman of the Joint
Chiefs of Staff shall carry out a comprehensive study of the
same subjects covered by paragraph (1). The study shall be
independent of the study required by paragraph (1) and shall be
carried out in conjunction with the military departments and in
coordination with the Secretary of Defense.
(b) Matters To Be Addressed.--Each study required by subsection (a)
shall address the following matters:
(1) Development of a system for understanding the various
foundational components that contribute to network-centric
operations, such as data transport, processing, storage, data
collection, and dissemination of information.
(2) Determining how acquisition and funding programs that
are in place as of the date of the enactment of this Act relate
to the system developed under paragraph (1).
(3) Development of acquisition and funding models using the
system developed under paragraph (1), including--
(A) a model under which a joint entity independent
of any military department (such as the Joint Staff) is
established with responsibility and control of all
funding for the acquisition of technologies for
network-centric operations, and with authority to
oversee the incorporation of such technologies into the
acquisition programs of the military departments;
(B) a model under which an executive agent is
established to manage and oversee the acquisition of
technologies for network-centric operations, but would
not have exclusive control of the funding for such
programs;
(C) a model under which the acquisition and funding
programs that are in place as of the date of the
enactment of this Act are maintained; and
(D) any other model that the entity carrying out
the study considers relevant.
(4) An analysis of each of the models developed under
paragraph (3) with respect to potential benefits in--
(A) collecting, processing, and disseminating
information;
(B) network commonality;
(C) common communications;
(D) interoperability;
(E) mission impact and success; and
(F) cost-effectiveness.
(5) An evaluation of each of the models developed under
paragraph (3) with respect to feasibility, including
identification of legal, policy, or regulatory barriers that
may impede the implementation of such model.
(c) Report Required.--Not later than September 30, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the results of the studies required by
subsection (a). The report shall include the findings and
recommendations of the studies and any observations and comments that
the Secretary considers appropriate.
(d) Network-centric Operations Defined.--In this section, the term
``network-centric operations'' refers to the ability to exploit all
human and technical elements of the Joint Force and mission partners
through the full integration of collected information, awareness,
knowledge, experience, and decisionmaking, enabled by secure access and
distribution, all to achieve agility and effectiveness in a dispersed,
decentralized, dynamic, or uncertain operational environment.
SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
The National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended by adding
at the end of subtitle F of title VIII the following new section (and
conforming the table of sections for such subtitle at the beginning of
title VIII and at the beginning of such Act accordingly):
``SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
``(a) Joint Report Required.--
``(1) In general.--Every 12 months, the Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development shall submit
to the relevant committees of Congress a joint report on
contracts in Iraq or Afghanistan.
``(2) Matters covered.--A report under this subsection
shall, at a minimum, cover--
``(A) any significant developments or issues with
respect to contracts in Iraq and Afghanistan during the
reporting period;
``(B) the plans of the departments and agency for
strengthening interagency coordination of contracts in
Iraq and Afghanistan or in future contingency
operations, including plans related to the common
databases identified under section 861(b)(4);
``(C) the desirability and feasibility of including
in the common databases identified under section
861(b)(4) information about contracts subject to the
regulations required by section 839 of the National
Defense Authorization Act for Fiscal Year 2011
(providing for extending and applying the requirements
of section 862 to additional areas designated or listed
in that section 839); and
``(D) the penalties, if any, imposed by the
departments and agency on contractors for failing to
comply with requirements under section 861(e),
including requirements to provide information for the
common databases identified under section 861(b)(4).
``(3) Reporting period.--A report under this subsection
shall cover a period of not less than 12 months.
``(4) Submission of reports.--The Secretaries and the
Administrator shall submit an initial report under this
subsection not later than February 1, 2011, and shall submit an
updated report by February 1 of every year thereafter until
February 1, 2013. If the total annual amount of obligations for
contracts in Iraq and Afghanistan combined is less than $250
million for the reporting period, for the departments and
agency combined, the Secretaries and the Administrator may
submit a letter documenting this in place of a report.
``(b) Comptroller General Review and Report.--
``(1) In general.--Within 180 days after submission of each
annual joint report required under subsection (a), but in no
case later than August 5 of each year until 2013, the
Comptroller General shall review the joint report and
interagency coordination of contracting in Iraq and Afghanistan
and submit to the relevant committees of Congress a report on
such review.
``(2) Matters covered.--A report under this subsection
shall, at minimum--
``(A) review how the Department of Defense, the
Department of State, and the United States Agency for
International Development are using the data contained
in the common databases identified under section
861(b)(4) in managing, overseeing, and coordinating
contracting in Iraq and Afghanistan; and
``(B) assess the plans of the departments and
agency for strengthening interagency coordination of
contracts in Iraq and Afghanistan or in future
contingency operations, particularly any plans related
to the common databases identified under section
861(b)(4).
``(3) Access to databases and other information.--The
Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development shall provide to the Comptroller General full
access to information on contracts in Iraq and Afghanistan for
the purposes of the review carried out under this subsection,
including the common databases identified under section
861(b)(4).''.
SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW AND REPORT ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
Section 863 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is
amended by striking ``2010'' in subsection (a)(3) and inserting
``2011''.
SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COVERED SUBSIDIES ON
ACQUISITION OF KC-45 AIRCRAFT.
(a) Interim Report.--The Secretary of Defense shall submit to the
congressional defense committees an interim report on any review of a
covered subsidy initiated pursuant to subsection (a) of section 886 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4561) not later than 60 days after
the date of the initiation of the review.
(b) Report Contents.--The report required by subsection (a) shall
contain detailed findings relating to the impact of the covered subsidy
that led to the initiation of the review on the source selection
process for the KC-45 Aerial Refueling Aircraft Program or any
successor to such program and whether the covered subsidy would provide
an unfair competitive advantage to any bidder in the source selection
process.
SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT
SYSTEM.
(a) Independent Analyses.--
(1) In general.--A comprehensive analysis of the Joint
Capabilities Integration and Development System shall be
independently performed by each of the following:
(A) The Secretary of Defense.
(B) A federally funded research and development
center selected by the Secretary of Defense.
(2) Matters covered.--Each such analysis shall--
(A) evaluate the entire Joint Capabilities
Integration and Development System and the problems
associated with it, with particular emphasis on the
problems relating to the length of time and the costs
involved in identifying, assessing, and validating
joint military capability needs; and
(B) identify the best solutions to the problems
evaluated under subparagraph (A) and develop
recommendations to carry out those solutions.
(3) Reports.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives--
(A) a report by the Secretary on the analysis
performed by the Secretary under paragraph (1), with
particular emphasis on continuous process improvement;
and
(B) a report by the federally funded research and
development center selected under paragraph (1)(B) on
the analysis performed by the center under paragraph
(1), together with such comments as the Secretary
considers necessary on the report.
(b) Implementation.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense--
(A) shall develop and begin implementing a plan to
address the problems with the Joint Capabilities
Integration and Development System, taking into account
the recommendations developed in the analyses required
under subsection (a) and as part of a program to manage
performance in establishing joint military
requirements; and
(B) shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the plan, including, at a minimum, a
timeline, objectives, milestones, and projected
resource requirements.
(2) Report format.--The report required under paragraph
(1)(B) may be included as part of any report relating to a
program to manage performance in establishing joint military
requirements.
Subtitle D--Other Matters
SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM.
Section 2359b(k) of title 10, United States Code, is amended by
striking ``2012'' and inserting ``2017''.
SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Competition Requirements for Task or Delivery Orders Under
Energy Savings Performance Contracts.--Section 801 of the National
Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at
the end the following:
``(c) Task or Delivery Orders.--(1) The head of a Federal agency
may issue a task or delivery order under an energy savings performance
contract by--
``(A) notifying all contractors that have received an award
under such contract that the agency proposes to discuss energy
savings performance services for some or all of its facilities
and, following a reasonable period of time to provide a
proposal in response to the notice, soliciting from such
contractors the submission of expressions of interest in, and
contractor qualifications for, performing site surveys or
investigations and feasibility designs and studies, and
including in the notice summary information concerning energy
use for any facilities that the agency has specific interest in
including in such task or delivery order;
``(B) reviewing all expressions of interest and
qualifications submitted pursuant to the notice under
subparagraph (A);
``(C) selecting two or more contractors (from among those
reviewed under subparagraph (B)) to conduct discussions
concerning the contractors' respective qualifications to
implement potential energy conservation measures, including--
``(i) requesting references and specific detailed
examples with respect to similar efforts and the
resulting energy savings of such similar efforts; and
``(ii) requesting an explanation of how such
similar efforts relate to the scope and content of the
task or delivery order concerned;
``(D) selecting and authorizing--
``(i) more than one contractor (from among those
selected under subparagraph (C)) to conduct site
surveys, investigations, feasibility designs and
studies or similar assessments for the energy savings
performance contract services (or for discrete portions
of such services), for the purpose of allowing each
such contractor to submit a firm, fixed-price proposal
to implement specific energy conservation measures; or
``(ii) one contractor (from among those selected
under subparagraph (C)) to conduct a site survey,
investigation, a feasibility design and study or
similar assessment for the purpose of allowing the
contractor to submit a firm, fixed-price proposal to
implement specific energy conservation measures;
``(E) providing a debriefing to any contractor not selected
under subparagraph (D);
``(F) negotiating a task or delivery order for energy
savings performance contracting services with the contractor or
contractors selected under subparagraph (D) based on the energy
conservation measures identified; and
``(G) issuing a task or delivery order for energy savings
performance contracting services to such contractor or
contractors.
``(2) The issuance of a task or delivery order for energy savings
performance contracting services pursuant to paragraph (1) is deemed to
satisfy the task and delivery order competition requirements in section
2304c(d) of title 10, United States Code, and section 303J(d) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253j(d)).
``(3) The Secretary may issue guidance as necessary to agencies
issuing task or delivery orders pursuant to paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) is
inapplicable to task or delivery orders issued before the date of
enactment of this Act.
SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN PROCUREMENT OF
PRODUCTS AND SERVICES.
(a) Consideration of Sustainable Practices.--
(1) In general.--The Secretary of Defense shall develop and
issue guidance directing the Secretary of each military
department and the head of each defense agency to consider
sustainable practices in the procurement of products and
services. Such guidance shall ensure that strategies for
acquiring products or services to meet departmental or agency
performance requirements favor products or services described
in paragraph (2) if such products or services can be acquired
on a life cycle cost-neutral basis.
(2) Products or services.--A product or service described
in this paragraph is a product or service that is energy-
efficient, water-efficient, biobased, environmentally
preferable, non-ozone-depleting, contains recycled content, is
non-toxic, or is less toxic than alternative products or
services.
(b) Exception.--Subsection (a) does not apply to the acquisition of
weapon systems or components of weapon systems.
SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.
Section 187 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `materials critical to national security'
means materials--
``(A) upon which the production or sustainment of
military equipment is dependent; and
``(B) the supply of which could be restricted by
actions or events outside the control of the Government
of the United States.
``(2) The term `military equipment' means equipment used
directly by the armed forces to carry out military
operations.''.
SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL RARE EARTH MATERIALS
FOR DEFENSE APPLICATIONS.
(a) Assessment Required.--The Secretary of Defense shall undertake
an assessment of the supply chain for rare earth materials and
determine which, if any, rare earth materials are strategic materials
and which rare earth materials are materials critical to national
security. For the purposes of the assessment--
(1) the Secretary may consider the views of other Federal
agencies, as appropriate;
(2) any study conducted by the Director, Industrial Policy
during fiscal year 2010 may be considered as partial
fulfillment of the requirements of this section;
(3) any study conducted by the Comptroller General of the
United States during fiscal year 2010 may be considered as
partial fulfillment of the requirements of this section; and
(4) the Secretary shall consider the sources of rare earth
materials (both in terms of source nations and number of
vendors) including rare earth elements, rare earth metals, rare
earth magnets, and other components containing rare earths.
(b) Plan.--In the event that the Secretary determines that a rare
earth material is a strategic material or a material critical to
national security, the Secretary shall develop a plan to ensure the
long-term availability of such rare earth material, with a goal of
establishing domestic sources of such material by December 31, 2015. In
developing the plan, the Secretary shall consider all relevant
components of the value-chain, including mining, processing, refining,
and manufacturing. The plan shall include consideration of numerous
options with respect to the material, including--
(1) an assessment of including the material in the National
Defense Stockpile;
(2) in consultation with the United States Trade
Representative, the identification of any trade practices known
to the Secretary that limit the Secretary's ability to ensure
the long-term availability of such material or the ability to
meet the goal of establishing domestic sources of such material
by December 31, 2015;
(3) an assessment of the availability of financing to
industry, academic institutions, or not-for-profit entities to
provide the capacity required to ensure the availability of the
material and potential mechanisms to increase the availability
of such financing;
(4) the benefits, if any, of Defense Production Act funding
to support the establishment of a domestic rare earth
manufacturing capability for military components;
(5) funding for research and development of any aspect of
the rare earth supply-chain;
(6) any other risk mitigation method determined appropriate
by the Secretary that is consistent with the goal of
establishing domestic sources by December 31, 2015; and
(7) for components of the rare earth material supply-chain
for which no other risk mitigation method, in accordance with
paragraphs (1) through (6), will ensure the establishment of a
domestic source by December 31, 2015, a specific plan to
eliminate supply-chain vulnerability by the earliest date
practicable.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional committees described in paragraph
(2) a report containing the findings of the assessment under
subsection (a) and the plan (if any) developed under subsection
(b).
(2) Congressional committees.--The congressional committees
described in this paragraph are as follows:
(A) The congressional defense committees.
(B) The Committee on Financial Services and the
Committee on Ways and Means of the House of
Representatives.
(C) The Committee on Finance and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(d) Definitions.--In this section:
(1) Strategic material.--The term ``strategic material''
means a material--
(A) which is essential for military equipment;
(B) which is unique in the function it performs;
and
(C) for which there are no viable alternatives.
(2) Materials critical to national security.--The term
``materials critical to national security'' has the meaning
provided by section 187(e) of title 10, United States Code, as
amended by section 827 of this Act.
SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.
(a) Review Required.--The Secretary of Defense shall review the
implementation by the Department of Defense of the national security
exception to full and open competition provided in section 2304(c)(6)
of title 10, United States Code.
(b) Matters Reviewed.--The review of the implementation of the
national security exception required by subsection (a) shall include--
(1) the pattern of usage of such exception by acquisition
organizations within the Department to determine which
organizations are commonly using the exception and the
frequency of such usage;
(2) the range of items or services being acquired through
the use of such exception;
(3) the process for reviewing and approving justifications
involving such exception;
(4) whether the justifications for use of such exception
typically meet the relevant requirements of the Federal
Acquisition Regulation applicable to the use of such exception;
(5) issues associated with follow-on procurements for items
or services acquired using such exception; and
(6) potential additional instances where such exception
could be applied and any authorities available to the
Department of Defense other than such exception that could be
applied in such instances.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and of the House of
Representatives a report on the review required by subsection (a),
including a discussion of each of the matters specified in subsection
(b). The report shall include any recommendations relating to the
matters reviewed that the Secretary considers appropriate. The report
shall be submitted in unclassified form but may include a classified
annex.
(d) Regulations.--
(1) Requirement.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional committees described in paragraph
(2) draft regulations on the implementation of the national
security exception to full and open competition provided in
section 2304(c)(6) of title 10, United States Code, taking into
account the results of the review required by subsection (a).
(2) Congressional committees.--The congressional committees
described in this paragraph are the following:
(A) The Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(B) The Committee on Armed Services and the
Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE REQUIREMENTS OF THE
FEDERAL AWARDEE PERFORMANCE AND INTEGRITY INFORMATION
SYSTEM.
(a) Inclusion of Bribery in Disclosure Requirements.--Section
872(c) of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4556) is amended by
adding at the end the following new paragraph:
``(8) To the maximum extent practical, information similar
to the information covered by paragraph (1) in connection with
any law relating to bribery of a country which is a signatory
of the Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions, signed at
Paris on December 17, 1997.''.
(b) Effective Date.--The amendment made by this section shall take
effect not later than 90 days after the date of the enactment of this
Act.
SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES THAT ARE
NOT UNDER FOREIGN OWNERSHIP CONTROL OR INFLUENCE
MITIGATION.
(a) Requirement.--The Secretary of Defense shall require the
directors of a covered entity to establish a government security
committee that shall ensure that the covered entity employs and
maintains policies and procedures that meet requirements under the
national industrial security program.
(b) Covered Entity.--A covered entity under this section is an
entity--
(1) to which the Department of Defense has granted a
facility clearance;
(2) that is not subject to foreign ownership control or
influence mitigation measures; and
(3) that is a corporation.
(c) Discretionary Requirement.--The Secretary of Defense may
require that the requirement in subsection (a) apply to an entity that
meets the elements described in paragraphs (1) and (2) of subsection
(b) and is a limited liability company, sole proprietorship, nonprofit
corporation, partnership, academic institution, or any other entity
holding a facility clearance.
(d) Guidance.--The Secretary of Defense shall develop implementing
guidance for the requirement in subsection (a).
(e) Government Security Committee.--For the purposes of this
section, a government security committee is a subcommittee of a covered
entity's board of directors, made up of resident United States
citizens, that is responsible for ensuring that the covered entity
complies with the requirements of the national industrial security
program.
SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN-OWNED, AND
DISADVANTAGED-OWNED SMALL BUSINESSES.
Not later than December 1, 2010, the Secretary of Defense shall
provide to the Congressional Black Caucus a report that includes a list
of minority-owned, women-owned, and disadvantaged-owned small
businesses that receive contracts resulting from authorized funding to
the Department of Defense. The list shall cover the 10 calendar years
preceding the date of the enactment of this Act and shall include, for
each listed business, the name of the business and the business owner
and the amount of the contract award.
SEC. 840. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE EARTH NEODYMIUM
IRON BORON MAGNETS.
(a) Findings.--Congress finds the following:
(1) There is an urgent need to restore the United States
capability to manufacture sintered neodymium iron boron magnets
for use in defense applications and there is an urgent need to
eliminate the domestic supply-chain vulnerability related to
these key materials in the defense supply-chain.
(2) An April 14, 2010 report by the Government
Accountability Office entitled ``Rare Earth Materials in the
Defense Supply Chain'' demonstrates--
(A) the ``United States is not currently producing
neodymium iron boron magnets,'' a key rare earth
material;
(B) that future availability of neodymium is
largely controlled by Chinese suppliers;
(C) that alternatives to rare earth materials could
reduce the demand and dependence on rare earth
materials in 10 to 15 years, but these materials might
not meet current application requirements;
(D) where rare earth materials are used in defense
systems, the materials are responsible for the
functionality of the component and would be difficult
to replace without losing performance;
(E) fin actuators used in precision-guided
munitions are specifically designed around the
capabilities of neodymium iron boron rare earth
magnets, which are primarily available from Chinese
suppliers;
(F) the DDG-51 Hybrid Electric Drive Ship Program
uses permanent-magnet motors using neodymium magnets
from China; and
(G) future generations of some defense system
components, such as transmit and receive modules for
radars, will continue to depend on rare earth
materials.
(3) The United States has the technological capability to
restore its neodymium iron boron manufacturing capability.
(4) Worldwide supplies or rare earth materials, including
neodymium, are expected to tighten significantly within the
next 3-5 years.
(5) A domestic effort to restore domestic sintered
neodymium iron boron magnet manufacturing capability, including
efforts to qualify those magnets for use in defense
applications, will take between 3-5 years and should begin
immediately to avoid future weapon system delivery disruption.
(b) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a plan to
establish a domestic source of sintered neodymium iron boron magnets
for use in the defense supply chain.
(c) Sintered Neodymium Iron Boron Magnets.--For the purposes of
subsection (b), the capability to manufacture sintered neodymium iron
boron magnets includes the alloying, pressing, and sintering of magnet
materials. It does not include manufacturing magnets from standard
shapes or imported blocks of neodymium. The Secretary's plan shall not
allow the grinding or reprocessing of neodymium to be considered a
``domestic source of sintered neodymium iron boron magnets''.
SEC. 841. SENSE OF CONGRESS REGARDING COST SAVINGS THROUGH REDUCTIONS
IN WASTE, FRAUD, AND ABUSE.
(a) Findings.--Congress finds the following:
(1) The Secretary of Defense has undertaken meaningful
efforts to eliminate waste, fraud, and abuse through contractor
oversight and new policies and procedures aimed at increasing
emphasis on ethics, governance, and fraud prevention.
(2) The Government Accountability Office report dated
December 16, 2009, on the status of 3,099 recommendations made
to the Department of Defense by the Government Accountability
Office between 2001 and 2008, indicates that the Department of
Defense has implemented 1,871, or 61 percent, of the
recommendations.
(3) The Government Accountability Office estimates that the
implementation of these recommendations yielded the Federal
Government a savings of $89 billion from 2001 through 2007,
averaging $12.7 billion in annual financial benefit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there is potential for additional and significant cost
savings through further reductions by the Secretary of Defense
in waste, fraud, and abuse, particularly with regard to
contracting processes; and
(2) the Secretary of Defense should make implementation of
the remaining Government Accountability Office recommendations
an utmost priority of the Department of Defense.
SEC. 842. PROCUREMENT OF ARTICLES, MATERIALS, AND SUPPLIES FOR USE
OUTSIDE THE UNITED STATES.
(a) Requirement.--In procuring articles, materials, or supplies for
use outside of the United States, including procurements for military
construction projects, the Department of Defense shall solicit bids
from United States sources.
(b) Exception.--Subsection (a) shall not apply if the articles,
materials, or supplies to be procured are--
(1) not mined, produced, or manufactured in the United
States in sufficient and reasonably available quantities;
(2) needed on an urgent basis and not acquired on a regular
basis; or
(3) perishable, or will otherwise degrade because of the
time involved in shipping.
SEC. 843. ADDITIONAL INFORMATION ON WAIVERS UNDER BUY AMERICAN ACT BY
DEPARTMENT OF DEFENSE REQUIRED TO BE INCLUDED IN ANNUAL
REPORT.
Section 812 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note) is amended in
subsection (c)(2)(A) by striking clause (vi) and inserting the
following:
``(v) An itemized list of all waivers granted with
respect to such articles, materials, or supplies under
the Buy American Act (41 U.S.C. 10a et seq.),
including--
``(I) an analysis of the domestic capacity
to supply the articles, materials, or supplies;
and
``(II) an analysis of the reasons for an
increase or decrease in the number of waivers
granted from fiscal year to fiscal year.''.
SEC. 844. REQUIREMENT TO INCLUDE EFFECTS ON DOMESTIC JOBS IN PERIODIC
ASSESSMENTS OF DEFENSE CAPABILITY.
Section 2505(b)(4) of title 10, United States Code, is amended by
inserting after ``title)'' the following: ``, including the effects on
domestic jobs,''.
SEC. 845. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE
SECURITY FUNCTIONS.
(a) Extension of Regulations.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State, shall issue regulations to extend
and apply the requirements of section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2302 note) to additional areas as designated
under paragraph (2) and as listed in paragraph (3).
(2) Additional areas designated.--The Secretary of Defense
shall designate as additional areas for purposes of this
section any area--
(A) that is an area within a foreign country or an
area covering all or part of more than one foreign
country;
(B) that is not an area of combat operations as
designated under subsection (c) of section 862 of such
Act; and
(C) in which significant military operations, as
designated by the Secretary, are being carried out by
United States Armed Forces.
(3) Additional areas listed.--In addition to any areas
designated by the Secretary under paragraph (2), the following
areas shall be considered additional areas listed in this
paragraph for purposes of this section:
(A) The Horn of Africa region.
(B) Yemen.
(C) The Philippines.
(D) Haiti.
(b) Extension Timelines.--The Secretary shall prescribe regulations
applicable to the additional areas--
(1) designated under subsection (a)(2), not later than
March 1, 2012; and
(2) listed in subsection (a)(3), not later than March 1,
2011.
(c) Report on Implementation.--Not later than 90 days after the
dates specified in subsection (b), the Secretary of Defense, in
coordination with the Secretary of State, shall submit to Congress a
report on the implementation of the regulations prescribed under this
section. The report shall include--
(1) a complete list of additional areas designated by the
Secretary under subsection (a)(2), and a detailed description
of the criteria used to make the designation;
(2) the total number of contractors performing private
security functions in each additional area designated under
subsection (a)(2) or listed in subjection (a)(3); and
(3) an assessment of the long-term options for reducing the
use of contractors for private security functions, including
the use of Government personnel to provide such functions.
(d) Private Security Functions.--Notwithstanding section 864 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181), as amended by section 813 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84), in this
section, the term ``private security functions'' means activities
engaged in by a contractor as follows:
(1) Guarding of personnel, facilities, or property of a
Federal agency.
(2) Any other activity for which personnel are required to
carry weapons in the performance of their duties.
SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.
(a) Contract Requirement.--The Secretary of Defense shall ensure
that each contract awarded by the Department of Defense that includes
the procurement of photovoltaic devices, including contracts described
in subsection (b), includes a provision requiring the photovoltaic
devices to comply with the Buy American Act (41 U.S.C. 10a et seq.).
(b) Contracts Described.--The contracts described in this
subsection include, but are not limited to, energy savings performance
contracts, utility service contracts, land leases, and private housing
contracts.
(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. REQUIREMENT FOR CONTRACTS IN IRAQ AND AFGHANISTAN TO USE
EMPLOYEES AND NOT INDEPENDENT CONTRACTORS FOR PRIVATE
SECURITY SERVICES.
(a) Requirement.--Any contract in Iraq or Afghanistan for the
procurement of private security services shall contain a requirement
that, in the case of any contractor using individuals who are United
States citizens and required to have a United States security clearance
to perform private security services under the contract, the contractor
shall use employees and not independent contractors for the provision
of such services.
(b) Contract in Iraq or Afghanistan.--In this section, the term
``contract in Iraq or Afghanistan'' means a contract with the
Department of Defense, the Department of State, or the United States
Agency for International Development, a subcontract at any tier issued
under such a contract, or a task order or delivery order at any tier
issued under such a contract (including a contract, subcontract, or
task order or delivery order issued by another Government agency for
the Department of Defense, the Department of State, or the United
States Agency for International Development), if the contract,
subcontract, or task order or delivery order involves work performed in
Iraq or Afghanistan for a period longer than 14 days.
(c) Private Security Services.--In this section, the term ``private
security services'' means activities engaged in by a contractor under a
contract in Iraq or Afghanistan and includes--
(1) guarding of personnel, facilities, or property of a
Federal agency, the contractor or subcontractor, or a third
party;
(2) any other activity for which personnel are required to
carry weapons in the performance of their duties; and
(3) training in any activity covered by paragraph (1) or
(2).
(d) Waiver Authority.--The Secretary of Defense, the Secretary of
State, or the Administrator of the United States Agency for
International Development may waive the requirement in subsection (a)
with respect to a contract of the Department of Defense, the Department
of State, or the United States Agency for International Development,
respectively, if the Secretary concerned or the Administrator--
(1) determines in writing that a waiver is necessary in the
interests of national security; and
(2) submits to Congress a notification of such waiver.
SEC. 848. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION
OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM.
(a) Requirement to Consider Unfair Competitive Advantage.--In
awarding a contract for the KC-X aerial refueling aircraft program (or
any successor to that program), the Secretary of Defense shall, in
evaluating any offers submitted to the Department of Defense in
response to a solicitation for offers for such program, consider any
unfair competitive advantage that an offeror may possess.
(b) Report.--Not later than 60 days after submission of offers in
response to any such solicitation, the Secretary of Defense shall
submit to the congressional defense committees a report on any unfair
competitive advantage that any offeror may possess.
(c) Requirement to Take Findings Into Account in Award of
Contract.--In awarding a contract for the KC-X aerial refueling
aircraft program (or any successor to that program), the Secretary of
Defense shall take into account the findings of the report submitted
under subsection (b).
(d) Unfair Competitive Advantage.--In this section, the term
``unfair competitive advantage'', with respect to an offer for a
contract, means a situation in which the cost of development,
production, or manufacturing is not fully borne by the offeror for such
contract.
SEC. 849. DEBARMENT OF BP AND ITS SUBSIDIARIES.
(a) Contracts With BP and Its Subsidiaries.--If the Secretary of
Defense determines that BP or any of its subsidiaries performing any
contract with the Department of Defense is no longer a responsible
source (as defined in section 2302 of title 10, United States Code),
the Secretary shall determine, not later than 90 days after making such
determination, whether BP or its subsidiaries should be debarred from
contracting with the Department of Defense.
(b) Debar.--In this section, the term ``debar'' has the meaning
given that term by section 2393(c) of title 10, United States Code.
SEC. 850. OFFICE OF FEDERAL PROCUREMENT POLICY ACT AMENDMENTS.
(a) Service Contract Inventory Requirement.--
(1) In general.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end the
following new section:
``SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT.
``(a) Service Contract Inventory Requirement.--
``(1) Guidance.--The Director of the Office of Management
and Budget shall develop and disseminate guidance to aid
executive agencies in establishing systems for the collection
of information required to meet the requirements of this
section and to ensure consistency of inventories across
agencies.
``(2) Report.--The Director of the Office of Management and
Budget shall submit a report to Congress on the status of
efforts to enable executive agencies to prepare the inventories
required under paragraph (3), including the development, as
appropriate, of guidance, methodologies, and technical tools.
``(3) Inventory contents.--Not later than December 31,
2010, and annually thereafter, the head of each executive
agency required to submit an inventory in accordance with the
Federal Activities Inventory Reform Act of 1998 (Public Law
105-270; 31 U.S.C. 501 note), other than the Department of
Defense, shall submit to the Office of Management and Budget an
annual inventory of service contracts awarded or extended
through the exercise of an option or a task order, for or on
behalf of such agency. For each service contract, the entry for
an inventory under this section shall include, for the
preceding fiscal year, the following:
``(A) A description of the services purchased by
the executive agency and the role the services played
in achieving agency objectives, regardless of whether
such a purchase was made through a contract or task
order.
``(B) The organizational component of the executive
agency administering the contract, and the
organizational component of the agency whose
requirements are being met through contractor
performance of the service.
``(C) The total dollar amount obligated for
services under the contract and the funding source for
the contract.
``(D) The total dollar amount invoiced for services
under the contract.
``(E) The contract type and date of award.
``(F) The name of the contractor and place of
performance.
``(G) The number and work location of contractor
and subcontractor employees, expressed as full-time
equivalents for direct labor, compensated under the
contract, using direct labor hours and associated cost
data collected from contractors.
``(H) Whether the contract is a personal services
contract.
``(I) Whether the contract was awarded on a
noncompetitive basis, regardless of date of award.
``(b) Form.--Reports required under this section shall be submitted
in unclassified form, but may include a classified annex.
``(c) Publication.--Not later than 30 days after the date on which
the inventory under subsection (a)(3) is required to be submitted to
the Office of Management and Budget, the head of each executive agency
shall--
``(1) make the inventory available to the public; and
``(2) publish in the Federal Register a notice that the
inventory is available to the public.
``(d) Government-wide Inventory Report.--Not later than 90 days
after the deadline for submitting inventories under subsection (a)(3),
and annually thereafter, the Director of the Office of Management and
Budget shall submit to Congress and make publicly available on the
Office of Management and Budget website a report on the inventories
submitted. The report shall identify whether each agency required to
submit an inventory under subsection (a)(3) has met such requirement
and summarize the information submitted by each executive agency
required to have a Chief Financial Officer pursuant to section 901 of
title 31, United States Code.
``(e) Review and Planning Requirements.--Not later than 180 days
after the deadline for submitting inventories under subsection (a)(3)
for an executive agency, the head of the executive agency, or an
official designated by the agency head shall--
``(1) review the contracts and information in the
inventory;
``(2) ensure that--
``(A) each contract in the inventory that is a
personal services contract has been entered into, and
is being performed, in accordance with applicable laws
and regulations;
``(B) the contracts do not include to the maximum
extent practicable functions that are closely
associated with inherently governmental functions;
``(C) the agency is not using contractor employees
to perform inherently governmental functions;
``(D) the agency has specific safeguards and
monitoring systems in place to ensure that work being
performed by contractors has not changed or expanded
during performance to become an inherently governmental
function;
``(E) the agency is not using contractor employees
to perform critical functions in such a way that could
affect the ability of the agency to maintain control of
its mission and operations; and
``(F) there are sufficient internal agency
resources to manage and oversee contracts effectively;
``(3) identify contracts that have been poorly performed,
as determined by a contracting officer, because of excessive
costs or inferior quality; and
``(4) identify contracts that should be considered for
conversion to--
``(A) performance by Federal employees of the
executive agency in accordance with agency insourcing
guidelines required under section 736 of the Financial
Services and General Government Appropriations Act,
2009 (Public Law 111-8, division D) and section 46 of
this Act; or
``(B) an alternative acquisition approach that
would better enable the agency to efficiently utilize
its assets and achieve its public mission.
``(f) Report on Actions Taken in Response to Annual Inventory.--Not
later than one year after submitting an annual inventory under
subsection (a)(3), the head of each executive agency submitting such an
inventory shall submit to the Office of Management and Budget a report
summarizing the actions taken pursuant to subsection (e), including any
actions taken to consider and convert functions from contractor to
Federal employee performance. The report shall be included as an
attachment to the next annual inventory and made publicly available in
accordance with subsection (c).
``(g) Submission of Service Contract Inventory Before Public-
private Competition.--Notwithstanding any other provision of law,
beginning in fiscal year 2011, if an executive agency has not submitted
to the Office of Management and Budget the inventory required under
subsection (a)(3) for the prior fiscal year, the agency may not begin,
plan for, or announce a study or public-private competition regarding
the conversion to contractor performance of any function performed by
Federal employees pursuant to Office of Management and Budget Circular
A-76 or any other administrative regulation or directive until such
time as the inventory is submitted for the prior fiscal year.
``(h) GAO Reports on Implementation.--
``(1) Report on guidance.--Not later than 120 days after
submission of the report by the Director of the Office of
Management and Budget required under subsection (a)(2), the
Comptroller General of the United States shall report on the
guidance issued and actions taken by the Director. The report
shall be submitted to the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the
Senate and the Committee on Oversight and Government Reform and
the Committee on Appropriations of the House of
Representatives.
``(2) Reports on inventories.--
``(A) Initial inventory.--Not later than September
30, 2011, the Comptroller General of the United States
shall submit a report to the Committees named in the
preceding paragraph on the initial implementation by
executive agencies of the inventory requirement in
subsection (a)(3) with respect to inventories required
to be submitted by December 31, 2010.
``(B) Second inventory.--Not later than September
30, 2012, the Comptroller General shall submit a report
to the same Committees on annual inventories required
to be submitted by December 31, 2011.
``(3) Periodic briefings.--The Comptroller General shall
provide periodic briefings, as may be requested by the
Committees, on matters related to implementation of this
section.
``(i) Executive Agency Defined.--In this section, the term
`executive agency' has the meaning given the term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403).''.
(2) Clerical amendment.--The table of sections in section 1
of such Act is amended by adding at the end the following new
item:
``Sec. 45. Service contract inventory requirement.''.
(3) Repeal of superseded law.--Section 743(c) of the
Financial Services and General Government Appropriations Act,
2010 (Public Law 111-117; 123 Stat. 3216) is amended by
striking ``and annually thereafter,''.
(b) Prohibition Against Direct Conversions.--
(1) In general.--Section 43(a)(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 439) is amended by striking
``10 or more''.
(2) Guidance.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall issue guidance to all Federal agencies other
than the Department of Defense to ensure that no function last
performed by Federal employees is converted to contractor
performance without complying with the requirements of section
43 of such Act, as amended by this section.
(c) Guidelines on Insourcing New and Contracted Out Functions.--
(1) In general.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.), as amended by subsection (a), is
further amended by adding at the end the following new section:
``SEC. 46. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.
``(a) Guidelines Required.--(1) The heads of executive agencies
subject to the Federal Activities Inventory Reform Act of 1998 (Public
Law 105-270; 31 U.S.C. 501 note) shall devise and implement guidelines
and procedures to ensure that consideration is given to using, on a
regular basis, Federal employees to perform new functions and functions
that are performed by contractors and could be performed by Federal
employees.
``(2) The guidelines and procedures required under subparagraph (A)
may not include any specific limitation or restriction on the number of
functions or activities that may be converted to performance by Federal
employees.
``(b) Special Consideration for Certain Functions.--The guidelines
and procedures required under paragraph (1) shall provide for special
consideration to be given to using Federal employees to perform any
function that--
``(1) is performed by a contractor and--
``(A) has been performed by Federal employees at
any time during the previous 10 years;
``(B) is a function closely associated with the
performance of an inherently governmental function;
``(C) has been performed pursuant to a contract
awarded on a non-competitive basis; or
``(D) has been performed poorly, as determined by a
contracting officer during the 5-year period preceding
the date of such determination, because of excessive
costs or inferior quality; or
``(2) is a new requirement, with particular emphasis given
to a new requirement that is similar to a function previously
performed by Federal employees or is a function closely
associated with the performance of an inherently governmental
function.
``(c) Exclusion of Certain Functions From Competitions.--The head
of an executive agency may not conduct a public-private competition
under Office of Management and Budget Circular A-76 or any other
provision of law or regulation before--
``(1) in the case of a new agency function, assigning the
performance of the function to Federal employees;
``(2) in the case of any agency function described in
paragraph (2), converting the function to performance by
Federal employees; or
``(3) in the case of an agency function performed by
Federal employees, expanding the scope of the function.
``(d) Deadline.--(1) The head of each executive agency shall
implement the guidelines and procedures required under this subsection
by not later than 120 days after the date of the enactment of this
subsection.
``(2) Not later than 210 days after the date of the
enactment of this subsection, the Government Accountability
Office shall submit a report on the implementation of this
subsection to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
``(e) Definitions.--In this subsection:
``(1) The term `inherently governmental functions' has the
meaning given such term in subpart 7.5 of part 7 of the Federal
Acquisition Regulation.
``(2) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal Acquisition
Regulation.
``(f) Applicability.--This subsection shall not apply to the
Department of Defense.''.
(2) Clerical amendment.--The table of sections in section 1
of such Act, as amended by subsection (a), is further amended
by adding at the end the following new item:
``Sec. 46. Guidelines on insourcing new and contracted out
functions.''.
(3) Repeal of superseded law.--Subsection (b) of section
739 of division D of the Consolidated Appropriations Act, 2008
(Public Law 110-161; 121 Stat. 2030) is repealed.
(d) Conversion of Functions to Performance by Federal Employees.--
(1) Decision to insource.--The Office of Management and
Budget shall not establish any numerical goal, target, or quota
for the conversion to performance by Federal employees of
functions previously performed by contractors unless such goal,
target, or quota is based on considered research and analysis.
(2) Reports.--
(A) Report to congress.--The Office of Management
and Budget shall submit to Congress a report on the
aggregate results of the efforts of each Federal agency
to convert functions from contractor performance to
performance by Federal agency employees made during
fiscal year 2010. Such report shall include--
(i) agency decisions for converting such
functions to Federal employee performance;
(ii) the basis and rationale for the agency
decisions; and
(iii) the number of contractor employees
whose functions were converted to performance
by Federal employees.
(B) Comptroller general report.-- 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 Committee on Oversight and
Government Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental
Affairs of the Senate an assessment of the report.
(3) Department of defense.--Nothing in this subsection
shall apply to the Department of Defense.
SEC. 851. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR
PRICE AS THE PREDOMINATE FACTORS IN EVALUATING
COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT CONTRACTS.
(a) Requirement.--Subparagraph (A) of section 2305(a)(2) of title
10, United States Code, is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) in the case of a solicitation in which
factors other than cost or price when combined are more
important than cost or price, the reasons why assigning
at least equal importance to cost or price would not
better serve the Government's interest; and''.
(b) Report.--Section 2305(a)(3) of such title is amended by adding
at the end the following new subparagraph:
``(C) Not later than 180 days after the end of each fiscal year,
the Secretary of Defense shall submit to Congress, and post on a
publicly available website of the Department of Defense, a report
describing the solicitations for which a statement pursuant to
paragraph (2)(A)(iii) was included.''.
SEC. 852. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO
DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN.
Section 861 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended by
adding at the end the following new subsection:
``(e) Penalties.--Any contract in Iraq or Afghanistan entered into
or modified after September 1, 2011, shall include a clause requiring
the imposition of a penalty, by the department or agency awarding the
contract, on any contractor that does not comply with requirements
under this section, including requirements in the memorandum of
understanding required by subsection (a), to provide information for
the common databases identified under subsection (b)(4), including
updating the information required. The penalty shall consist of the
withholding of award and incentive fees.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT
OF THE NAVY AND MARINE CORPS.
(a) Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of
the Navy is redesignated as the Secretary of the Navy
and Marine Corps.
(B) Other statutory offices.--The positions of the
Under Secretary of the Navy, the four Assistant
Secretaries of the Navy, and the General Counsel of the
Department of the Navy are redesignated as the Under
Secretary of the Navy and Marine Corps, the Assistant
Secretaries of the Navy and Marine Corps, and the
General Counsel of the Department of the Navy and
Marine Corps, respectively.
(b) Conforming Amendments to Title 10, United States Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under the
Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is
amended to read as follows:
``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.
(B) The heading of chapter 507 of such title is
amended to read as follows:
``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.
(5) Other amendments.--
(A) Title 10, United States Code, is amended by
striking ``Department of the Navy'' and ``Secretary of
the Navy'' each place they appear other than as
specified in paragraphs (1), (2), (3), and (4)
(including in section headings, subsection captions,
tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps''
and ``Secretary of the Navy and Marine Corps'',
respectively, in each case with the matter inserted to
be in the same typeface and typestyle as the matter
stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a),
5017(2), 5032(a), and 5042(a) of such title are amended
by striking ``Assistant Secretaries of the Navy'' and
inserting ``Assistant Secretaries of the Navy and
Marine Corps''.
(ii) The heading of section 5016 of such title, and
the item relating to such section in the table of
sections at the beginning of chapter 503 of such title,
are each amended by inserting ``and Marine Corps''
after ``of the Navy'', with the matter inserted in each
case to be in the same typeface and typestyle as the
matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and inserting
``Department of the Navy and Marine Corps'' and ``Secretary of
the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to be
a reference to the Department of the Navy and Marine Corps. Any
such reference to an office specified in subsection (b)(2)
shall be considered to be a reference to that officer as
redesignated by that section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month beginning
more than 60 days after the date of the enactment of this Act.
SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF
THE SECRETARY OF DEFENSE TO CARRY OUT THE REDUCTION
REQUIRED BY LAW IN THE NUMBER OF DEPUTY UNDER SECRETARIES
OF DEFENSE.
(a) Redesignation of Certain Positions in the Office of the
Secretary of Defense.--Positions in the Office of the Secretary of
Defense of the Department of Defense are hereby redesignated as
Assistant Secretaries of Defense as follows:
(1) The Director of Defense Research and Engineering is
redesignated as the Assistant Secretary of Defense for Research
and Engineering.
(2) The Director of Operational Energy Plans and Programs
is redesignated as the Assistant Secretary of Defense for
Operational Energy Plans and Programs.
(3) The Director of Cost Assessment and Program Evaluation
is redesignated as the Assistant Secretary of Defense for Cost
Assessment and Program Evaluation.
(4) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs is redesignated as
the Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.
(b) Amendments to Chapter 4 of Title 10 Relating to Realignment.--
Chapter 4 of title 10, United States Code, is amended as follows:
(1) Repeal of separate deputy under secretary provisions.--
The following sections are repealed: 133a, 134a, and 136a.
(2) Components of osd.--Section 131(b) is amended to read
as follows:
``(b) The Office of the Secretary of Defense is composed of the
following:
``(1) The Deputy Secretary of Defense.
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel
and Readiness.
``(E) The Under Secretary of Defense for
Intelligence.
``(3) The Deputy Chief Management Officer of the Department
of Defense.
``(4) The Principal Deputy Under Secretaries of Defense.
``(5) The Assistant Secretaries of Defense.
``(6) Other officers who are appointed by the President, by
and with the advice and consent of the Senate, as follows:
``(A) The Director of Operational Test and
Evaluation.
``(B) The General Counsel of the Department of
Defense.
``(C) The Inspector General of the Department of
Defense.
``(7) Other officials provided for by law, as follows:
``(A) The official designated under section 1501(a)
of this title to have responsibility for Department of
Defense matters relating to missing persons as set
forth in section 1501 of this title.
``(B) The official designated under section
2228(a)(2) of this title to have responsibility for
Department of Defense policy related to the prevention
and mitigation of corrosion of the military equipment
and infrastructure of the Department of Defense and for
directing the activities of the Office of Corrosion
Policy and Oversight.
``(C) The officials designated under subsections
(a) and (b) of section 2438(a) of this title to have
responsibility, respectively, for developmental test
and evaluation and for systems engineering.
``(D) The official designated under section
2438a(a) of this title to have responsibility for
conducting and overseeing performance assessments and
root cause analyses for major defense acquisition
programs.
``(E) The Director of Small Business Programs,
provided for under section 2508 of this title.
``(8) Such other offices and officials as may be
established by law or the Secretary of Defense may establish or
designate in the Office.''.
(3) Principal deputy under secretaries of defense.--Section
137a is amended--
(A) in subsections (a)(1), (b), and (d), by
striking ``Deputy Under'' each place it appears and
inserting ``Principal Deputy Under'';
(B) in subsection (a)(2), by striking ``(A) The''
and all that follows through ``(5) of subsection (c)''
and inserting ``The Principal Deputy Under Secretaries
of Defense'';
(C) in subsection (c)--
(i) by striking ``One of the Deputy'' in
paragraphs (1), (2), (3), (4), and (5) and
inserting ``One of the Principal Deputy'';
(ii) by striking ``appointed'' and all that
follows through ``this title'' in paragraphs
(1), (2), and (3);
(iii) by striking ``shall be'' in
paragraphs (4) and (5) and inserting ``is'';
and
(iv) by adding at the end of paragraph (5)
the following new sentence: ``Any individual
nominated for appointment as the Principal
Deputy Under Secretary of Defense for
Intelligence shall have extensive intelligence
expertise.''; and
(D) by adding at the end of subsection (d) the
following new sentence: ``The Principal Deputy Under
Secretaries take precedence among themselves in the
order prescribed by the Secretary of Defense.''.
(4) Assistant secretaries of defense.--Section 138 is
amended--
(A) in subsection (a)--
(i) by striking ``12'' and inserting
``17''; and
(ii) by striking ``(A) The'' and all that
follows through ``The other'' and inserting
``The'';
(B) in subsection (b)--
(i) by striking ``shall be'' in paragraphs
(2), (3), (4), (5), and (6) and inserting
``is'';
(ii) by striking ``appointed pursuant to
section 138a of this title'' in paragraph (7);
and
(iii) by adding at the end the following
new paragraphs:
``(8) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Research and Engineering. In addition to any duties and
powers prescribed under paragraph (1), the Assistant Secretary of
Defense for Research and Engineering shall have the duties specified in
section 138b of this title.
``(9) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Operational Energy Plans and Programs. In addition to
any duties and powers prescribed under paragraph (1), the Assistant
Secretary of Defense for Operational Energy Plans and Programs shall
have the duties specified in section 138c of this title.
``(10) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Cost Assessment and Program Evaluation. In addition to
any duties and powers prescribed under paragraph (1), the Assistant
Secretary of Defense for Cost Assessment and Program Evaluation shall
have the duties specified in section 138d of this title.
``(11) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological Defense Programs. In
addition to any duties and powers prescribed under paragraph (1), the
Assistant Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs shall have the duties specified in section 138e of
this title.''; and
(C) in subsection (d), by striking ``and the
Director of Defense Research and Engineering'' and
inserting ``the Deputy Chief Management Officer of the
Department of Defense, and the Principal Deputy Under
Secretaries of Defense''.
(5) Assistant secretary for logistics and materiel
readiness.--Section 138a(a) is amended--
(A) by striking ``There is a'' and inserting
``The''; and
(B) by striking ``, appointed from civilian life by
the President, by and with the advice and consent of
the Senate. The Assistant Secretary''.
(6) Assistant secretary for research and engineering.--
Section 139a is transferred so as to appear after section 138a,
redesignated as section 138b, and amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively;
(C) in subsection (a), as so redesignated, by
striking ``Director of Defense'' and inserting
``Assistant Secretary of Defense for''; and
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking
``Director of Defense Research and Engineering,
in consultation with the Director of
Developmental Test and Evaluation'' and
inserting ``Assistant Secretary of Defense for
Research and Engineering, in consultation with
the official designated under section 2438(a)
of this title to have responsibility for
developmental test and evaluation functions'';
and
(ii) in paragraph (2), by striking
``Director'' and inserting ``Assistant
Secretary''.
(7) Assistant secretary for operational energy plans and
programs.--Section 139b is transferred so as to appear after
section 138b (as transferred and redesignated by paragraph
(6)), redesignated as section 138c, and amended--
(A) in subsection (a), by striking ``There is a''
and all that follows through ``The Director'' and
inserting ``The Assistant Secretary of Defense for
Operational Energy Plans and Programs'';
(B) by striking ``Director'' each place it appears
and inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than'' and all
that follows through ``military departments''
and inserting ``The Secretary of each military
department'';
(ii) by striking ``who will'' and inserting
``who shall''; and
(iii) by inserting ``so designated'' after
``The officials''; and
(D) in subsection (d)(4), by striking ``The
initial'' and all that follows through ``updates to the
strategy'' and inserting ``Updates to the strategy
required by paragraph (1)''.
(8) Assistant secretary for cost assessment and program
evaluation.--Section 139c is transferred so as to appear after
section 138c (as transferred and redesignated by paragraph
(7)), redesignated as section 138d, and amended--
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection
(a) and in that subsection--
(i) striking ``Director of'' in paragraph
(1) and inserting ``Assistant Secretary of
Defense for''; and
(ii) striking ``Director'' each place it
appears in paragraphs (1)(A), (1)(B), and (2)
and inserting ``Assistant Secretary'';
(C) by striking subsection (c) and inserting the
following:
``(b) Responsibility for Specified Functions.--There shall be
within the office of the Assistant Secretary the following:
``(1) An official with primary responsibility for cost
assessment.
``(2) An official with primary responsibility for program
evaluation.''; and
(D) by redesignating subsection (d) as subsection
(c) and in that subsection striking ``Director of'' in
the matter preceding paragraph (1) and inserting
``Assistant Secretary of Defense for''.
(9) Assistant secretary for nuclear, chemical, and
biological defense programs.--Section 142 is transferred so as
to appear after section 138d (as redesignated and transferred
by paragraph (8)), redesignated as section 138e, and amended--
(A) by striking subsection (a);
(B) by striking ``(b) The Assistant to the
Secretary'' and inserting ``The Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense
Programs''; and
(C) by striking subsection (c).
(c) Other Amendments to Chapter 4 of Title 10.--Chapter 4 of title
10, United States Code, is further amended as follows:
(1) Office of the secretary of defense.--Section 131(a) is
amended by striking ``his'' and inserting ``the Secretary's''.
(2) Deputy secretary.--Section 132 is amended by striking
the second sentence of subsection (c).
(3) Deputy chief management officer.--Such chapter is
further amended by inserting after section 132 the following
new section:
``Sec. 132a. Deputy Chief Management Officer
``(a) There is a Deputy Chief Management Officer of the Department
of Defense, appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(b) The Deputy Chief Management Officer assists the Deputy
Secretary of Defense in the Deputy Secretary's capacity as Chief
Management Officer of the Department of Defense under section 132(c) of
this title.
``(c) The Deputy Chief Management Officer takes precedence in the
Department of Defense after the Secretary of Defense, the Deputy
Secretary of Defense, the Secretaries of the military departments, and
the Under Secretaries of Defense.''.
(4) Under secretary of defense (comptroller).--Section
135(c) is amended by striking ``clauses'' and inserting
``paragraphs''.
(d) Repeal of Position Titles Specified by Law for Statutory
Positions Relating to Developmental Test and Evaluation and Systems
Engineering.--
(1) Transfer of section from chapter 4 to programmatic
chapter.--Section 139d of title 10, United States Code, is
transferred to chapter 144, inserted after section 2437, and
redesignated as section 2438.
(2) Director of developmental test and evaluation.--
Subsection (a) of such section is amended--
(A) by striking ``(a) Director of'' and all that
follows through paragraph (3) and inserting the
following:
``(a) Developmental Test and Evaluation.--
``(1) Designation of responsible official.--The Secretary
of Defense shall designate, from among individuals with
expertise in test and evaluation, an official to be responsible
to the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics for developmental test
and evaluation in the Department of Defense.
``(2) Supervision.--The official designated under paragraph
(1) shall report directly to an official of the Department
appointed from civilian life by the President, by and with the
advice and consent of the Senate.'';
(B) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (3), (4), (5), and (6), respectively;
(C) in paragraph (3), as so redesignated, by
striking Director of systems engineering'' and all that
follows through ``Director of Systems Engineering'' and
inserting ``Systems engineering.--The official
designated under paragraph (1) shall closely coordinate
with the official designated under subsection (b)'';
(D) in paragraph (4), as so redesignated, by
striking ``Director'' in the matter preceding
subparagraph (A) and inserting ``official designated
under paragraph (1)'';
(E) in paragraph (5), as so redesignated--
(i) by striking ``Director has'' and
inserting ``official designated under paragraph
(1) has'';
(ii) by striking ``Director considers'' and
inserting ``designated official considers'';
and
(iii) by striking ``the Director's duties''
and inserting ``that official's duties''; and
(F) in paragraph (6), as so redesignated, by
striking ``serving as the Director of Developmental
Test and Evaluation'' and inserting ``official
designated under paragraph (1)''.
(3) Director of systems engineering.--Subsection (b) of
such section is amended--
(A) by striking ``(b) Director of'' and all that
follows through paragraph (3) and inserting the
following:
``(b) Systems Engineering.--
``(1) Designation of responsible official.--The Secretary
of Defense shall designate, from among individuals with
expertise in systems engineering, an official to be responsible
to the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics for systems engineering
and development planning in the Department of Defense.
``(2) Supervision.--The official designated under paragraph
(1) shall report directly to an official of the Department
appointed from civilian life by the President, by and with the
advice and consent of the Senate.'';
(B) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively;
(C) in paragraph (3), as so redesignated, by
striking ``Director of developmental test and
evaluation'' and all that follows through ``Director of
Developmental Test And Evaluation'' and inserting
``Developmental test and evaluation.--The official
designated under paragraph (1) shall closely coordinate
with the official designated under subsection (a)'';
(D) in paragraph (4), as so redesignated, by
striking ``Director'' in the matter preceding
subparagraph (A) and inserting ``official designated
under paragraph (1)''; and
(E) in paragraph (5), as so redesignated--
(i) by striking ``Director shall'' and
inserting ``official designated under paragraph
(1) shall'';
(ii) by striking ``Director considers'' and
inserting ``designated official considers'';
and
(iii) by striking ``the Director's duties''
and inserting ``that official's duties''.
(4) Joint annual report.--Subsection (c) of such section is
amended in the matter preceding paragraph (1)--
(A) by striking ``beginning in 2010,'';
(B) by striking ``Director of Developmental Test
and Evaluation and the Director of Systems
Engineering'' and inserting ``officials designated
under subsections (a) and (b)'';
(C) by striking ``subsections (a) and (b)'' and
inserting ``those subsections''; and
(D) by inserting ``such'' after ``Each''.
(5) Joint guidance.--Subsection (d) of such section is
amended in the matter preceding paragraph (1)--
(A) by striking ``Director of Developmental Test
and Evaluation and the Director of Systems
Engineering'' and inserting ``officials designated
under subsections (a) and (b)''; and
(B) by striking ``section 103 of the Weapon Systems
Acquisition Reform Act of 2009'' and inserting
``section 2438a of this title''.
(6) Repeal of redundant definition.--Subsection (e) of such
section is repealed.
(e) Codification of Section 103 of Weapon Systems Acquisition
Reform Act of 2009.--
(1) Codification.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2438 (as
transferred and redesignated by subsection (d)), a new section
2438a consisting of--
(A) a section heading as follows:
``Sec. 2438a. Performance assessments and root cause analyses'';
and
(B) a text consisting of the text of section 103 of
the Weapon Systems Acquisition Reform Act of 2009
(Public Law 111-23; 123 Stat. 1715; 10 U.S.C. 2430
note), modified as specified in paragraph (2).
(2) Technical amendments due to codification.--The
modifications referred to in paragraph (1)(B) to the text
specified in that paragraph are--
(A) in subsection (b)(2), by striking ``section
2433a(a)(1) of title 10, United States Code (as added
by section 206(a) of this Act)'' and inserting
``section 2433a(a)(1) of this title'';
(B) in subsection (b)(5)--
(i) by striking ``section 2433a of title
10, United States Code (as so added)'' and
inserting ``section 2433a of this title''; and
(ii) by striking ``prior to'' both places
it appears and inserting ``before'';
(C) in subsection (d), by striking ``section 2433a
of title 10, United States Code (as so added)'' and
inserting ``section 2433a of this title''; and
(D) in subsection (f), by striking ``beginning in
2010,''.
(f) Transfer of Section Providing for Director of Small Business
Programs.--Section 144 of title 10, United States Code, is transferred
to chapter 148, inserted after section 2507, and redesignated as
section 2508.
(g) Repeal of Statutory Requirement for Office for Missing
Personnel in OSD.--Section 1501(a) of title 10, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following: ``Responsibility for Missing Personnel.--'';
(2) in paragraph (1)--
(A) by striking ``establish within the Office of
the Secretary of Defense an office to have
responsibility for Department of Defense policy'' in
the first sentence and inserting ``designate within the
Office of the Secretary of Defense an official as the
Deputy Assistant Secretary of Defense for Prisoner of
War/Missing Personnel Affairs to have responsibility
for Department of Defense matters'';
(B) by striking the second sentence;
(C) by striking ``of the office'' and inserting
``of the official designated under this paragraph'';
(D) by striking ``and'' at the end of subparagraph
(A);
(E) by redesignating subparagraph (B) as
subparagraph (C); and
(F) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) policy, control, and oversight of the program
established under section 1509 of this title, as well as the
accounting for missing persons (including locating, recovering,
and identifying missing persons or their remains after
hostilities have ceased); and'';
(3) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively;
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The official designated under paragraph (1) shall
also serve as the Director, Defense Prisoner of War/Missing
Personnel Office, as established under paragraph (6)(A),
exercising authority, direction, and control over that
activity.''.
(5) in paragraph (3), as so redesignated--
(A) by striking ``of the office'' the first place
it appears; and
(B) by striking ``head of the office'' and
inserting ``official designated under paragraph (1) and
(2)'';
(6) in paragraph (4), as so redesignated--
(A) by striking ``office'' and inserting
``designated official''; and
(B) by inserting after ``evasion)'' the following:
``and for personnel accounting (including locating,
recovering, and identifying missing persons or their
remains after hostilities have ceased)'';
(7) in paragraph (5), as so redesignated, by striking
``office'' and inserting ``designated official''; and
(8) in paragraph (6), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting after ``(A)'' the
following: ``The Secretary of Defense shall
establish an activity to account for personnel
who are missing or whose remains have not been
recovered from the conflict in which they were
lost. This activity shall be known as the
Defense Prisoner of War/Missing Personnel
Office.''; and
(ii) by striking ``office'' both places it
appears and inserting ``activity'';
(B) in subparagraph (B)(i), by striking ``to the
office'' and inserting ``activity'';
(C) in subparagraph (B)(ii)--
(i) by striking ``to the office'' and
inserting ``activity''; and
(ii) by striking ``of the office'' and
inserting ``of the activity''; and
(D) in subparagraph (C), by striking ``office'' and
inserting ``activity''.
(h) Repeal of Statutory Requirement for Director of Office for
Corrosion Policy and Oversight in OSD.--Section 2228 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking the subsection heading and
inserting the following: ``Office of Corrosion Policy
and Oversight and Designation of Responsible
Official'';
(B) by amending paragraph (2) to read as follows:
``(2) The Secretary of Defense shall designate, from among civilian
employees of the Department of Defense with the qualifications
described in paragraph (4), an official to be responsible to the
Secretary of Defense and the Under Secretary of Defense for
Acquisition, Technology, and Logistics for the prevention and
mitigation of corrosion of the military equipment and infrastructure of
the Department of Defense and for directing the activities of the
Office of Corrosion Policy and Oversight.'';
(C) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The official designated under paragraph (2) shall
report directly to the Principal Deputy Under Secretary of
Defense for Acquisition, Technology, and Logistics.''.
(E) in paragraph (4), as so redesignated, by
striking ``assigned to the position of Director'' and
inserting ``designated under paragraph (2)''; and
(F) in paragraph (5), as so redesignated, by
striking ``of Director'' and inserting ``held by the
official designated under paragraph (2)'';
(2) in subsection (b)--
(A) by striking ``Director of Corrosion Policy and
Oversight (in this section referred to as the
`Director')'' in paragraph (1) and inserting ``official
designated under subsection (a)(2)''; and
(B) by striking ``Director'' in paragraphs (2),
(3), (4), and (5) and inserting ``designated
official'';
(3) in subsection (c), by striking ``Additional
Authorities'' and all that follows through ``authorized to--''
and inserting ``Additional Duties.--The official designated
under subsection (a) shall--''; and
(4) in subsection (e), by striking ``beginning with the
budget for fiscal year 2009,''.
(i) Repeal of Statutory Limitation on Number of Deputy Under
Secretaries of Defense.--Section 906(a)(2) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2426; 10 U.S.C. 137a note) is repealed.
(j) Conforming Amendments to Title 10.--Title 10, United States
Code, is amended as follows:
(1) The following sections are amended by striking
``Director of Cost Assessment and Program Evaluation'' and
inserting ``Assistant Secretary of Defense for Cost Assessment
and Program Evaluation'': sections 181(d), 2306b(i)(1)(B),
2366a(a)(4), 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2),
2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3).
(2) Section 179(c) is amended--
(A) by striking ``Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs'' in paragraphs (2) and (3) and inserting
``Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs''; and
(B) by striking ``to the'' in paragraph (3).
(3) Section 2272 is amended by striking ``Director of
Defense Research and Engineering'' each place it appears and
inserting ``Assistant Secretary of Defense for Research and
Engineering''.
(4) Section 2334 is amended--
(A) by striking ``Director of Cost Assessment and
Program Evaluation'' each place it appears and
inserting ``Assistant Secretary of Defense for Cost
Assessment and Program Evaluation''; and
(B) by striking ``Director'' each place it appears
(other than as specified in subparagraph (A)) and
inserting ``Assistant Secretary''.
(5) Section 2365 is amended--
(A) in subsection (a), by striking ``Director of
Defense Research and Engineering'' and inserting
``Assistant Secretary of Defense for Research and
Engineering'';
(B) in subsection (d)(1), by striking ``Director''
and inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Director of Defense
Research and Engineering'' and inserting
``Assistant Secretary of Defense for Research
and Engineering''; and
(ii) by striking ``Director may'' and
inserting ``Assistant Secretary may''; and
(D) in subsection (e), by striking ``Director'' and
inserting ``Assistant Secretary''.
(6) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and
2517(a) are amended by striking ``Director of Defense Research
and Engineering'' and inserting ``Assistant Secretary of
Defense for Research and Engineering''.
(7) Section 2902(b) is amended--
(A) in paragraph (1), by striking ``Deputy Under
Secretary of Defense for Science and Technology'' and
inserting ``official within the Office of the Assistant
Secretary of Defense for Research and Engineering who
is responsible for science and technology''; and
(B) in paragraph (3), by striking ``Deputy Under
Secretary of Defense'' and inserting ``official within
the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics who is''.
(k) Other Conforming Amendments.--
(1) Section 214 of the National Defense Authorization Act
of Fiscal Year 2008 (10 U.S.C. 2521 note) is amended by
striking ``Director of Defense Research and Engineering'' and
inserting ``Assistant Secretary of Defense for Research and
Engineering''.
(2) Section 201(d) of the Weapon Systems Acquisition Reform
Act of 2009 (10 U.S.C. 181 note) is amended--
(A) by striking ``The Director of Cost Assessment
and Program Evaluation'' and inserting ``The Assistant
Secretary of Defense for Cost Assessment and Program
Evaluation''; and
(B) by striking ``the Director'' and inserting
``the Assistant Secretary''.
(l) Section Heading and Clerical Amendments.--
(1) Section heading amendments.--Title 10, United States
Code, is amended as follows:
(A) The heading of section 137a is amended to read
as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
(B) The heading of section 138b, as transferred and
redesignated by subsection (b)(6), is amended to read
as follows:
``Sec. 138b. Assistant Secretary of Defense for Research and
Engineering''.
(C) The heading of section 138c, as transferred and
redesignated by subsection (b)(7), is amended to read
as follows:
``Sec. 138c. Assistant Secretary of Defense for Operational Energy
Plans and Programs''.
(D) The heading of section 138d, as transferred and
redesignated by subsection (b)(8), is amended to read
as follows:
``Sec. 138d. Assistant Secretary of Defense for Cost Assessment and
Program Evaluation''.
(E) The heading of section 138e, as transferred and
redesignated by subsection (b)(9), is amended to read
as follows:
``Sec. 138e. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs''.
(F) The heading of section 2228 is amended to read
as follows:
``Sec. 2228. Military equipment and infrastructure: prevention and
mitigation of corrosion''.
(G) The heading of section 2438 is amended to read
as follows:
``Sec. 2438. Developmental test and evaluation; systems engineering:
designation of responsible officials; joint guidance''.
(2) Clerical amendments.--Title 10, United States Code, is
further amended as follows:
(A) The table of sections at the beginning of
chapter 4 is amended--
(i) by inserting after the item relating to
section 132 the following new item:
``132a. Deputy Chief Management Officer.'';
(ii) by striking the items relating to
sections 133a, 134a, and 136a;
(iii) by amending the item relating to
section 137a to read as follows:
``137a. Principal Deputy Under Secretaries of Defense.'';
(iv) by inserting after the item relating
to section 138a the following new items:
``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and
Programs.
``138d. Assistant Secretary of Defense for Cost Assessment and Program
Evaluation.
``138e. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.'';
and
(v) by striking the items relating to
sections 139a, 139b, 139c, 139d, 142, and 144.
(B) The item relating to section 2228 in the table
of sections at the beginning of chapter 131 is amended
to read as follows:
``2228. Military equipment and infrastructure: prevention and
mitigation of corrosion.''.
(C) The table of sections at the beginning of
chapter 144 is amended by inserting after the item
relating to section 2437 the following new items:
``2438. Developmental test and evaluation; systems engineering:
designation of responsible officials; joint
guidance.
``2438a. Performance assessments and root cause analyses.''.
(D) The table of sections at the beginning of
subchapter II of chapter 148 is amended by inserting
after the item relating to section 2507 the following
new item:
``2508. Director of Small Business Programs.''.
(m) Executive Schedule Amendments.--Chapter 53 of title 5, United
States Code, is amended as follows:
(1) Number of assistant secretary of defense positions.--
Section 5315 is amended by striking ``Assistant Secretaries of
Defense (12)'' and inserting ``Assistant Secretaries of Defense
(17)''.
(2) Positions redesignated as assistant secretary
positions.--
(A) Section 5315 is further amended--
(i) by striking ``Director of Cost
Assessment and Program Evaluation, Department
of Defense.''; and
(ii) by striking ``Director of Defense
Research and Engineering.''.
(B) Section 5316 is amended by striking ``Assistant
to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs.''.
(3) Amendments to delete references to positions in senior
executive service.--Section 5316 is further amended--
(A) by striking ``Director, Defense Advanced
Research Projects Agency, Department of Defense.'';
(B) by striking ``Deputy General Counsel,
Department of Defense.'';
(C) by striking ``Deputy Under Secretaries of
Defense for Research and Engineering, Department of
Defense (4).''; and
(D) by striking ``Special Assistant to the
Secretary of Defense.''.
(n) References in Other Laws, etc.--Any reference in any provision
or law other than title 10, United States Code, or in any rule,
regulation, or other paper of the United States, to any of the offices
of the Department of Defense redesignated by subsection (a) shall be
treated as referring to that office as so redesignated.
(o) Effective Date.--The provisions of this section and the
amendments made by this section shall take effect on January 1, 2011,
or on such earlier date for any of such provisions as may be prescribed
by the Secretary of Defense. If the Secretary prescribes an earlier
date for any of those provisions or amendments, the Secretary shall
notify Congress in writing in advance of such date.
SEC. 903. UNIFIED MEDICAL COMMAND.
(a) Assistant Secretary of Defense.--Section 138(b) of title 10,
United States Code, as amended by section 902, is further amended by
adding at the end the following new paragraph:
``(12) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Health Affairs. In addition to any
duties and powers prescribed under paragraph (1), the principal
duty of the Assistant Secretary of Defense for Health Affairs
is the overall supervision (including oversight of policy and
resources) of all health affairs and medical activities of the
Department of Defense. The Assistant Secretary of Defense for
Health Affairs is the principal civilian adviser to the
Secretary of Defense on health affairs and medical matters and,
after the Secretary and Deputy Secretary, is the principal
health affairs and medical official within the senior
management of the Department of Defense.''.
(b) Unified Combatant Command.--
(1) In general.--Chapter 6 of such title is amended by
inserting after section 167a the following new section:
``Sec. 167b. Unified combatant command for medical operations
``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through the
Secretary of Defense, may establish under section 161 of this title a
unified command for medical operations (hereinafter in this section
referred to as the `unified medical command'). The principal function
of the command is to provide medical services to the armed forces and
other health care beneficiaries of the Department of Defense as defined
in chapter 55 of this title.
``(b) Assignment of Forces.--In establishing the unified medical
command under subsection (a), all active military medical treatment
facilities, training organizations, and research entities of the armed
forces shall be assigned to such unified command, unless otherwise
directed by the Secretary of Defense.
``(c) Grade of Commander.--The commander of the unified medical
command shall hold the grade of general or, in the case of an officer
of the Navy, admiral while serving in that position, without vacating
his permanent grade. The commander of such command shall be appointed
to that grade by the President, by and with the advice and consent of
the Senate, for service in that position. The commander of such command
shall be a member of a health profession described in paragraph (1),
(2), (3), (4), (5), or (6) of section 335(j) of title 37. During the 5-
year period beginning on the date on which the Secretary establishes
the command under subsection (a), the commander of such command shall
be exempt from the requirements of section 164(a)(1) of this title.
``(d) Subordinate Commands.--(1) The unified medical command shall
have the following subordinate commands:
``(A) A command that includes all fixed military medical
treatment facilities, including elements of the Department of
Defense that are combined, operated jointly, or otherwise
operated in such a manner that a medical facility of the
Department of Defense is operating in or with a medical
facility of another department or agency of the United States.
``(B) A command that includes all medical training,
education, and research and development activities that have
previously been unified or combined, including organizations
that have been designated as a Department of Defense executive
agent.
``(C) The Defense Health Agency established under
subsection (f).
``(2) The commander of a subordinate command of the unified medical
command shall hold the grade of lieutenant general or, in the case of
an officer of the Navy, vice admiral while serving in that position,
without vacating his permanent grade. The commander of such a
subordinate command shall be appointed to that grade by the President,
by and with the advice and consent of the Senate, for service in that
position. The commander of such a subordinate command shall also be
required to be a surgeon general of one of the military departments.
``(e) Authority of Combatant Commander.--(1) In addition to the
authority prescribed in section 164(c) of this title, the commander of
the unified medical command shall be responsible for, and shall have
the authority to conduct, all affairs of such command relating to
medical operations activities.
``(2) The commander of such command shall be responsible for, and
shall have the authority to conduct, the following functions relating
to medical operations activities (whether or not relating to the
unified medical command):
``(A) Developing programs and doctrine.
``(B) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for the forces
described in subsection (b) and for other forces assigned to
the unified medical command.
``(C) Exercising authority, direction, and control over the
expenditure of funds--
``(i) for forces assigned to the unified medical
command;
``(ii) for the forces described in subsection (b)
assigned to unified combatant commands other than the
unified medical command to the extent directed by the
Secretary of Defense; and
``(iii) for military construction funds of the
Defense Health Program.
``(D) Training assigned forces.
``(E) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(F) Validating requirements.
``(G) Establishing priorities for requirements.
``(H) Ensuring the interoperability of equipment and
forces.
``(I) Monitoring the promotions, assignments, retention,
training, and professional military education of medical
officers described in paragraph (1), (2), (3), (4), (5), or (6)
of section 335(j) of title 37.
``(3) The commander of such command shall be responsible for the
Defense Health Program, including the Defense Health Program Account
established under section 1100 of this title.
``(f) Defense Health Agency.--(1) In establishing the unified
medical command under subsection (a), the Secretary shall also
establish under section 191 of this title a defense agency for health
care (in this section referred to as the `Defense Health Agency'), and
shall transfer to such agency the organization of the Department of
Defense referred to as the TRICARE Management Activity and all
functions of the TRICARE Program (as defined in section 1072(7)).
``(2) The director of the Defense Health Agency shall hold the rank
of lieutenant general or, in the case of an officer of the Navy, vice
admiral while serving in that position, without vacating his permanent
grade. The director of such agency shall be appointed to that grade by
the President, by and with the advice and consent of the Senate, for
service in that position. The director of such agency shall be a member
of a health profession described in paragraph (1), (2), (3), (4), (5),
or (6) of section 335(j) of title 37.
``(g) Regulations.--In establishing the unified medical command
under subsection (a), the Secretary of Defense shall prescribe
regulations for the activities of the unified medical command.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 167a the following new item:
``167b. Unified combatant command for medical operations.''.
(c) Plan, Notification, and Report.--
(1) Plan.--Not later than March 31, 2011, the Secretary of
Defense shall submit to the congressional defense committees a
comprehensive plan to establish the unified medical command
authorized under section 167b of title 10, United States Code,
as added by subsection (b), including any legislative actions
the Secretary considers necessary to implement the plan.
(2) Notification.--The Secretary shall submit to the
congressional defense committees written notification of the
decision of the Secretary to establish the unified medical
command under such section 167b by not later than the date that
is 30 days before establishing such command.
(3) Report.--Not later than 180 days after submitting the
notification under paragraph (2), the Secretary shall submit to
the congressional defense committees a report on--
(A) the establishment of the unified medical
command; and
(B) the establishment of the Defense Health Agency
under subsection (f) of such section 167b.
Subtitle B--Space Activities
SEC. 911. INTEGRATED SPACE ARCHITECTURES.
The Secretary of Defense and the Director of National Intelligence
shall jointly establish the capability to conduct integrated national
security space architecture planning, development, coordination, and
analysis that--
(1) encompasses defense and intelligence space plans,
programs, budgets, and organizations;
(2) provides mid-term to long-term recommendations to guide
space-related defense and intelligence acquisitions,
requirements, and investment decisions;
(3) is independent of the space architecture planning,
development, coordination, and analysis activities of each
military department and each element of the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4))); and
(4) makes use of, to the maximum extent practicable, joint
duty assignment positions (as defined in section 668).
Subtitle C--Intelligence-Related Matters
SEC. 921. 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. SPACE AND COUNTERSPACE INTELLIGENCE ANALYSIS.
(a) Designation of Lead Integrator.--
(1) Designation.--
(A) In general.--The Director of the Defense
Intelligence Agency shall designate a lead integrator
for foreign space and counterspace defense intelligence
analysis.
(B) Initial designation.--Not later than 30 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency shall
designate an initial lead integrator under subparagraph
(A).
(2) Notice.--Not later than 30 days after the date on which
the Director of the Defense Intelligence Agency designates a
lead integrator under paragraph (1)(A), or removes the
designation of lead integrator from an individual or
organization previously designated under paragraph (1)(A), the
Director shall notify the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate of the designation of such lead integrator or the
removal of such designation.
(b) Authority to Conduct Original Analysis.--The Director of the
Defense Intelligence Agency shall authorize a lead integrator
designated under subsection (a)(1)(A) to conduct original intelligence
analysis and production within the areas of responsibility of such lead
integrator.
(c) Definitions.--In this section:
(1) Lead integrator.--The term ``lead integrator'' means,
with respect to a particular subject matter, an individual or
organization with primary responsibility for the review,
coordination, and integration of defense intelligence analysis
and production related to such subject matter to--
(A) ensure the development of coherent assessments
and intelligence products; and
(B) manage and consolidate defense intelligence
tasking.
(2) Original intelligence analysis.--The term ``original
intelligence analysis'' means the development of knowledge and
creation of intelligence materials based on raw data and
intelligence reporting.
SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY
OFFICE.
(a) Audits.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the following new
section:
``audits of intelligence community by government accountability office
``Sec. 508. (a) In General.--Except as provided in subsection (b),
the Director of National Intelligence shall ensure that personnel of
the Government Accountability Office designated by the Comptroller
General are provided with access to all information in the possession
of an element of the intelligence community that the Comptroller
General determines is necessary for such personnel to conduct an
analysis, evaluation, or investigation of a program or activity of an
element of the intelligence community that is requested by one of the
congressional intelligence committees.
``(b) Audits of Programs Involving Sources and Methods.--(1) If the
Director of National Intelligence determines that a portion of an
analysis, evaluation, or investigation to be conducted by the
Comptroller General that is requested by a committee of Congress with
jurisdiction over the subject of such analysis, evaluation, or
investigation involves a matter that is subject to the reporting
requirements of section 503 or intelligence sources or methods, such
portion may be redacted from such analysis, evaluation, or
investigation and provided exclusively to the congressional
intelligence committees.
``(2) If the Director of National Intelligence redacts a portion of
an analysis, evaluation, or investigation under paragraph (1), the
Director shall inform the committee of Congress that requested such
analysis, evaluation, or investigation of the redaction.
``(c) Notice of Analysis, Evaluation, or Investigation and
Procedures.--Not later than 15 days before initiating an analysis,
evaluation, or investigation of an element of the intelligence
community, the Comptroller General shall submit to the congressional
intelligence committees a notice that includes--
``(1) a description of the analysis, evaluation, or
investigation to occur and the purposes of such analysis,
evaluation, or investigation;
``(2) the names of the personnel who will conduct such
analysis, evaluation, or investigation and the level of
security clearance possessed by such personnel; and
``(3) the procedures to be used in the course of such
analysis, evaluation, or investigation for examining classified
information, including a description of all facilities and
materials that will be used.
``(d) Discussion of Procedures.--(1) Prior to initiating an
analysis, evaluation, or investigation of an element of the
intelligence community, the Comptroller General, in consultation with
the congressional intelligence committees, shall discuss with the
Director of National Intelligence the procedures for conducting such
analysis, evaluation, or investigation.
``(2) Not later than five days after the discussion referred to in
paragraph (1), the Director of National Intelligence may submit to the
Comptroller General a written comment suggesting any changes or
modifications to the procedures referred to in paragraph (1).
``(e) Confidentiality.--The Comptroller General shall maintain the
same level of confidentiality for a record made available during the
course of an analysis, evaluation, or investigation involving sources
or methods as is required of the head of the element of the
intelligence community from which such record is obtained. An officer
or employee of the Government Accountability Office shall be subject to
the same statutory penalties for unauthorized disclosure or use of a
record as an officer or employee of the element of the intelligence
community that provided the Comptroller General or such officer or
employee of the Government Accountability Office with access to such
record.
``(f) Workpapers.--All workpapers of the Comptroller General and
all records and property of any element of the intelligence community
that the Comptroller General uses during the course of an analysis,
evaluation, or investigation involving sources or methods shall remain
in facilities provided by the element of the intelligence community
providing such records and property.
``(g) Provision of Supplies.--The head of each element of the
intelligence community that is a subject of an analysis, evaluation, or
investigation by the Comptroller General involving sources or methods
shall provide the Comptroller General with suitable and secure offices
and furniture, telephones, and access to copying facilities, for
purposes of such analysis, evaluation, or investigation.
``(h) Procedures for Protection of Information.--The Comptroller
General, in consultation with the congressional intelligence
committees, shall establish procedures to protect from unauthorized
disclosure all classified and other sensitive information furnished to
the Comptroller General in the course of conducting an analysis,
evaluation, or investigation involving sources and methods.
``(i) Submission of Names of Personnel Conducting Analysis,
Evaluation, or Investigation.--Prior to initiating an analysis,
evaluation, or investigation involving sources and methods, the
Comptroller General shall provide the Director of National Intelligence
and the head of each element of the intelligence community that is a
subject of such analysis, evaluation, or investigation with the name of
each officer and employee of the Government Accountability Office who
has obtained appropriate security clearance and to whom, upon proper
identification, the head of such element shall make available records
and information during the course of such analysis, evaluation, or
investigation.
``(j) Cooperation.--The head of each element of the intelligence
community that is a subject of an analysis, evaluation, or
investigation shall cooperate fully with the Comptroller General and
provide timely responses to requests by the Comptroller General for
documentation and information made pursuant to this section.
``(k) Rule of Construction.--Except as provided in subsection (b),
nothing in this section or any other provision of law shall be
construed to restrict or limit the authority of the Comptroller General
to audit, evaluate, or obtain access to the records of an element of
the intelligence community absent specific statutory language
restricting or limiting such audits, evaluations, or access to
records.''.
Subtitle D--Other Matters
SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
Subsection (b) of section 2113a of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) four persons, of which the chairmen and ranking
members of the Committees on Armed Services of the Senate and
House of Representatives may each appoint one person,
respectively;''.
SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE
FUND.
(a) In General.--Section 166a(e)(1) of title 10, United States
Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) not more than $10,000,000 may be used for research,
development, test and evaluation activities.''.
(b) Applicability.--The amendments made by this section shall not
apply with respect to funds appropriated for a fiscal year before
fiscal year 2011.
SEC. 933. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY
WAIVER OF REIMBURSEMENT OF COSTS OF ACTIVITIES FOR
NONGOVERNMENTAL PERSONNEL AT DEPARTMENT OF DEFENSE
REGIONAL CENTERS FOR SECURITY STUDIES.
(a) Extension of Waiver.--Paragraph (1) of section 941(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by
striking ``fiscal years 2009 and 2010'' and inserting ``fiscal years
2009 through 2012''.
(b) Annual Report.--Paragraph (3) of such section is amended by
striking ``in 2010 and 2011'' and inserting ``in each year through
2013''.
SEC. 934. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND MISSIONS
REVIEW IN 2011.
(a) Additional Activities Considered.--As part of the quadrennial
roles and missions review conducted in 2011 pursuant to section 118b of
title 10, United States Code, the Secretary of Defense shall give
consideration to the following activities, giving particular attention
to their role in counter-terrorism operations:
(1) Information operations.
(2) Strategic communications.
(3) Detention and interrogation.
(b) Additional Report Requirement.--In the report required by
section 118b(d) of such title for such review in 2011, the Secretary of
Defense shall--
(1) provide clear guidance on the nature and extent of
which core competencies are associated with the activities
listed in subsection (a); and
(2) identify the elements of the Department of Defense that
are responsible or should be responsible for providing such
core competencies.
SEC. 935. CODIFICATION OF CONGRESSIONAL NOTIFICATION REQUIREMENT BEFORE
PERMANENT RELOCATION OF ANY UNITED STATES MILITARY UNIT
STATIONED OUTSIDE THE UNITED STATES.
(a) Codification and Related Report.--Chapter 6 of title 10, United
States Code, is amended by inserting after section 162 the following
new section:
``Sec. 162a. Congressional notification before permanent relocation of
military units stationed outside the United States
``(a) Notification Requirement.--The Secretary of Defense shall
notify Congress at least 30 days before the permanent relocation of a
unit stationed outside the United States.
``(b) Elements of Notification.--The notification required by
subsection (a) shall include a description of the following:
``(1) How relocation of the unit supports the United States
national security strategy.
``(2) Whether the relocation of the unit will have an
impact on any security commitments undertaken by the United
States pursuant to any international security treaty, including
the North Atlantic Treaty, the Treaty of Mutual Cooperation and
Security between the United States and Japan, and the Security
Treaty Between Australia, New Zealand, and the United States of
America.
``(3) How relocation of the unit addresses the current
security environment in the affected geographic combatant
command's area of responsibility, including United States
participation in theater security cooperation activities and
bilateral partnership, exchanges, and training exercises.
``(4) How relocation of the unit impacts the status of
overseas base closure and realignment actions undertaken as
part of a global defense posture realignment strategy and the
status of development and execution of comprehensive master
plans for overseas military main operating bases, forward
operating sites, and cooperative security locations of the
global defense posture of the United States.
``(c) Exceptions.--Subsection (a) does not apply in the case of--
``(1) the relocation of a unit deployed to a combat zone;
or
``(2) the relocation of a unit as the result of closure of
an overseas installation at the request of the government of
the host nation in the manner provided in the agreement between
the United States and the host nation regarding the
installation.
``(d) Definitions.--In this section:
``(1) Combat zone.--The term `combat zone' has the meaning
given that term in section 112(c)(2) of the Internal Revenue
Code of 1986.
``(2) Geographic combatant command.--The term `geographic
combatant command' means a combatant command with a geographic
area of responsibility that does not include North America.
``(3) Unit.--The term `unit' has the meaning determined by
the Secretary of Defense for purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
162 the following new item:
``162a. Congressional notification before permanent relocation of
military units stationed outside the United
States.''.
(c) Repeal of Superceded Notification Requirement.--Section 1063 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2469; 10 U.S.C. 113 note) is repealed.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2011 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$3,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
AFGHANISTAN, IRAQ, AND HAITI FOR FISCAL YEAR 2010.
In addition to the amounts otherwise authorized to be appropriated
by this division, the amounts authorized to be appropriated for fiscal
year 2010 in title XV of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) are hereby increased, with respect
to any such authorized amount, as follows:
(1) The amounts provided in sections 1502 through 1507 of
such Act for the following procurement accounts are increased
as follows:
(A) For aircraft procurement, Army, by
$182,170,000.
(B) For weapons and tracked combat vehicles
procurement, Army, by $3,000,000.
(C) For ammunition procurement, Army, by
$17,055,000.
(D) For other procurement, Army, by $1,997,918,000.
(E) For the Joint Improvised Explosive Device
Defeat Fund, by $400,000,000.
(F) For aircraft procurement, Navy, by
$104,693,000.
(G) For other procurement, Navy, by $15,000,000.
(H) For procurement, Marine Corps, by $18,927,000.
(I) For aircraft procurement, Air Force, by
$209,766,000.
(J) For ammunition procurement, Air Force, by
$5,000,000.
(K) For other procurement, Air Force, by
$576,895,000.
(L) For the Mine Resistant Ambush Protected Vehicle
Fund, by $1,123,000,000.
(M) For defense-wide activities, by $189,276,000.
(2) The amounts provided in section 1508 of such Act for
research, development, test, and evaluation are increased as
follows:
(A) For the Army, by $61,962,000.
(B) For the Navy, by $5,360,000.
(C) For the Air Force, by $187,651,000.
(D) For defense-wide activities, by $22,138,000.
(3) The amounts provided in sections 1509, 1511, 1513,
1514, and 1515 of such Act for operation and maintenance are
increased as follows:
(A) For the Army, by $11,700,965,000.
(B) For the Navy, by $2,428,702,000.
(C) For the Marine Corps, by $1,090,873,000.
(D) For the Air Force, by $3,845,047,000.
(E) For defense-wide activities, by $1,188,421,000.
(F) For the Army Reserve, by $67,399,000.
(G) For the Navy Reserve, by $61,842,000.
(H) For the Marine Corps Reserve, by $674,000.
(I) For the Air Force Reserve, by $95,819,000.
(J) For the Army National Guard, by $171,834,000.
(K) For the Air National Guard, by $161,281,000.
(L) For the Defense Health Program, by $33,367,000.
(M) For Drug Interdiction and Counterdrug
Activities, Defense-wide, by $94,000,000.
(N) For the Afghanistan Security Forces Fund, by
$2,604,000,000.
(O) For the Iraq Security Forces Fund, by
$1,000,000,000.
(P) For Overseas Humanitarian, Disaster and Civic
Aid, by $255,000,000.
(Q) For Overseas Contingency Operations Transfer
Fund, by $350,000,000.
(R) For Working Capital Funds, by $974,967,000.
(4) The amount provided in section 1512 of such Act for
military personnel accounts is increased by $1,895,761,000.
SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted prior to
the vote on passage of this Act.
Subtitle B--Counter-Drug Activities
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is
further amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (c), by striking ``2010'' and inserting
``2011''.
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTERTERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as most
recently amended by section 1012 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is
further amended by striking ``2010'' and inserting ``2011''.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN
COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
1013 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2442), is further amended by striking
``February 15, 2010'' and inserting ``February 15, 2011''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Subsection (a)(2) section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1014(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2442), is further amended by striking ``2010'' and
inserting ``2011''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such section
is amended by striking ``fiscal years 2009 and 2010'' and inserting
``fiscal years 2010 and 2011''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF NAVAL
VESSELS.
(a) In General.--Section 231 of title 10, United States Code, is
amended to read as follows:
``Sec. 231. Long-range plan for construction of naval vessels
``(a) Quadrennial Naval Vessel Construction Plan.--At the same time
that the budget of the President is submitted under section 1105(a) of
title 31 during each year in which the Secretary of Defense submits a
quadrennial defense review, the Secretary of the Navy shall submit to
the congressional defense committees a long-range plan for the
construction of combatant and support vessels for the Navy that
supports the force structure recommendations of the quadrennial defense
review.
``(b) Matters Included.--The plan under subsection (a) shall
include the following:
``(1) A detailed construction schedule of naval vessels for
the 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--
``(1) is in accordance with section 5062(b) of this title;
and
``(2) phases the construction of new aircraft carriers
during the periods covered by such plan in a manner that
minimizes the total cost for procurement for such vessels.
``(d) Assessment When Budget Is Insufficient.--If the budget for a
fiscal year provides for funding of the construction of naval vessels
at a level that is less than the level determined necessary by the
Director of Cost Assessment and Program Evaluation under subsection
(b)(5), the Secretary of the Navy shall include with the defense budget
materials for that fiscal year an assessment that describes and
discusses the risks associated with the budget, including the risk
associated with a reduced force structure that may result from funding
naval vessel construction at such a level.
``(e) CBO Evaluation.--Not later than 60 days after the date on
which the congressional defense committees receive the plan under
subsection (a), the Director of the Congressional Budget Office shall
submit to such committees a report assessing the sufficiency of the
construction schedules and the estimated levels of annual funding
included in such plan with respect to the budget submitted during the
year in which the plan is submitted and the future-years defense
program submitted under section 221 of this title.
``(f) Changes to the Construction Plan.--In any year in which a
quadrennial defense review is not submitted, the Secretary of the Navy
may not modify the construction schedules submitted in the plan under
subsection (a) unless--
``(1) the modification is an increase in planned ship
construction;
``(2) the modification is a realignment of less than 1 year
of construction start dates in the future-years defense plan
submitted under section 221 of this title and the Secretary
submits to the congressional defense committees a report on
such modification, including--
``(A) the reasons for realignment;
``(B) any increased cost that will be incurred by
the Navy because of the realignment; and
``(C) an assessment of the effects that the
realignment will have on the shipbuilding industrial
base, including the secondary supply base; or
``(3) the modification is a decrease in the number or type
of combatant and support vessels of the Navy and the Secretary
submits to the congressional defense committees a report on
such modification, including--
``(A) an addendum to the most recent quadrennial
defense review that fully explains and justifies the
decrease with respect to the national security strategy
of the United States as set forth in the most recent
national security strategy report of the President
under section 108 of the National Security Act of 1947
(50 U.S.C. 404a); and
``(B) a description of the additional reviews and
analyses considered by the Secretary after the previous
quadrennial defense review was submitted that justify
the decrease.
``(g) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `quadrennial defense review' means the
review of the defense programs and policies of the United
States that is carried out every 4 years under section 118 of
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by striking the item relating to
section 231 and inserting the following new item:
``231. Long-range plan for construction of naval vessels.''.
SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING OF NAVAL VESSELS.
(a) Notice of Decommissioning.--The Secretary of the Navy may not
decommission any battle force vessel of the active fleet of the Navy
unless the Secretary provides to the congressional defense committees
written notification of such decommissioning in accordance with
established procedures.
(b) Content of Notification.--Any notification provided under
subsection (a) shall include each of the following:
(1) The reasons for the proposed decommissioning of the
vessel.
(2) An analysis of the effect the decommissioning would be
likely to have on the deployment schedules of other vessels in
the same class as the vessel proposed to be decommissioned.
(3) A certification from the Chairman of the Joint Chiefs
of Staff that the decommissioning of the vessel will not
adversely affect the requirements of the combatant commanders
to fulfill missions critical to national security.
(4) Any budgetary implications associated with retaining
the vessel in commission, expressed for each applicable
appropriation account.
SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY BATTLE FORCE FLEET.
(a) Limitation on Decommissioning.--Until the number of vessels in
the battle force fleet of the Navy reaches 313 vessels, the Secretary
of the Navy shall not decommission, in fiscal year 2011 or any
subsequent fiscal year, more than two-thirds of the number of vessels
slated for commissioning into the battle force fleet for that fiscal
year.
(b) Treatment of Submarines.--For purposes of subsection (a),
submarines of the battle force fleet slated for decommissioning for any
fiscal year shall not count against the number of vessels the Secretary
of the Navy is required to maintain for that fiscal year.
SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL VESSELS.
The Secretary of the Navy shall retain the vessels the U.S.S.
Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), in a commissioned and
operational status, until the delivery to the Navy of the vessels the
U.S.S. America (LHA 6) and the vessel designated as LHA 7,
respectively.
SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING OF A
NAVAL COMBAT VESSEL AFTER FATHER VINCENT CAPODANNO.
(a) Findings.--Congress makes the following findings:
(1) Father Vincent Capodanno was born on February 13, 1929,
in Staten Island, New York.
(2) After attending Fordham University for a year, he
entered the Maryknoll Missionary Seminary in upstate New York
in 1949, and was ordained a Catholic priest in June 1957.
(3) Father Capodanno's first assignment as a missionary was
working with aboriginal Taiwanese people in the mountains of
Taiwan where he served in a parish and later in a school. After
several years, Father Capodanno returned to the United States
for leave and then was assigned to a Maryknoll school in Hong
Kong.
(4) Father Vincent Capodanno volunteered as a Navy Chaplain
and was commissioned a Lieutenant in the Chaplain Corps of the
United States Naval Reserve in December 28, 1965.
(5) Father Vincent Capodanno selflessly extended his combat
tour in Vietnam on the condition he was allowed to remain with
the infantry.
(6) On September 4, 1967, during a fierce battle in the
Thang Binh District of the Que-Son Valley in Vietnam, Father
Capodanno went among the wounded and dying, giving last rites
and caring for the injured. He was killed that day while taking
care of his Marines.
(7) On January 7, 1969, Father Vincent Capodanno was
awarded the Medal of Honor posthumously for comforting the
wounded and dying during the Vietnam conflict. For his
dedicated service, Father Capodanno was also awarded the Bronze
Star, the Purple Heart, the Presidential Unit Citation, the
National Defense Service Medal, the Vietnam Service Medal, the
Vietnam Gallantry Cross with Palm, and the Vietnam Campaign
Medal.
(8) In his memory, the U.S.S. Capodanno was commissioned on
September 17, 1973. It is the only Naval vessel to date to have
received a Papal blessing by Pope John Paul II in Naples,
Italy, on September 4, 1981.
(9) The U.S.S. Capodanno was decommissioned on July 30,
1993.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should name a combat vessel of the United States
Navy the ``U.S.S. Father Vincent Capodanno'', in honor of Father
Vincent Capodanno, a lieutenant in the Navy Chaplain Corps.
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 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.--The Secretary of Defense may not use any of the
amounts authorized to be appropriated by this Act or otherwise
available to the Department of Defense to transfer any individual
detained at Guantanamo to the custody or effective control of the
individual's country of origin, to any other foreign country, or to any
other foreign entity unless the Secretary submits to Congress the
certification described in subsection (b) by not later than 30 days
before the transfer of the individual.
(b) Certification.--The certification described in this subsection
is a written certification made by the Secretary of Defense, with
concurrence of the Secretary of State, that the government of the
foreign country or the recognized leadership of the foreign entity to
which the individual detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention
facility in which an individual is to be detained if the
individual is to be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States,
its citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.
(c) Prohibition and Waiver in Cases of Prior Confirmed
Recidivism.--
(1) Prohibition.--The Secretary of Defense may not use any
amount authorized to be appropriated or otherwise made
available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody of the
individual's country of origin, to any other foreign country,
or to any other foreign entity if there is a confirmed case of
any individual who was detained at United States Naval Station,
Guantanamo Bay, Cuba, at any time after September 11, 2001, who
was transferred to the foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Waiver.--The Secretary of Defense may waive the
prohibition in paragraph (1) if the Secretary determines that
such a transfer is in the national security interests of the
United States and includes, as part of the certification
described in subsection (b) relating to such transfer, the
determination of the Secretary under this paragraph.
(d) Definitions.--For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means
any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective
control of the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CONSTRUCT
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
(a) In General.--None of the funds authorized to be appropriated by
this Act may be used to construct or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of the
Department of Defense.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individuals Described.--An individual described in this
subsection is any individual who, as of October 1, 2009, is located at
United States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
(d) Report on Use of Facilities in the United States to House
Detainees Transferred From Guantanamo.--
(1) Report required.--Not later than April 1, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report, in classified or unclassified form, on the
merits, costs, and risks of using any proposed facility in the
United States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the effective
control of the Department of Defense.
(2) Elements of the report.--The report required in
paragraph (1) shall include each of the following:
(A) A discussion of the merits associated with any
such proposed facility that would justify--
(i) using the facility instead of the
facility at United States Naval Station,
Guantanamo Bay, Cuba; and
(ii) the proposed facility's contribution
to effecting a comprehensive policy for
continuing military detention operations.
(B) The rationale for selecting the specific site
for any such proposed facility, including details for
the processes and criteria used for identifying the
merits described in subparagraph (A) and for selecting
the proposed site over reasonable alternative sites.
(C) A discussion of any potential risks to any
community in the vicinity of any such proposed
facility, the measures that could be taken to mitigate
such risks, and the likely cost to the Department of
Defense of implementing such measures.
(D) A discussion of any necessary modifications to
any such proposed facility to ensure that any detainee
transferred from Guantanamo Bay to such facility could
not come into contact with any other individual,
including any other person detained at such facility,
that is not approved for such contact by the Department
of Defense, and an assessment of the likely costs of
such modifications.
(E) A discussion of any support at the site of any
such proposed facility that would likely be provided by
the Department of Defense, including the types of
support, the number of personnel required for each such
type, and an estimate of the cost of such support.
(F) A discussion of any support, other than support
provided at a proposed facility, that would likely be
provided by the Department of Defense for the operation
of any such proposed facility, including the types of
possible support, the number of personnel required for
each such type, and an estimate of the cost of such
support.
(G) A discussion of the legal issues, in the
judgment of the Secretary of Defense, that could be
raised as a result of detaining or imprisoning any
individual described in subsection (c) at any such
proposed facility that could not be raised while such
individual is detained or imprisoned at United States
Naval Station, Guantanamo Bay, Cuba.
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.
(a) Comprehensive Review Required.--The Secretary of Defense shall
conduct a comprehensive review of Department of Defense policies,
regulations, instructions, and directives pertaining to force
protection within the Department.
(b) Matters Covered.--The review required under subsection (a)
shall include an assessment of each of the following:
(1) Information sharing practices across the Department of
Defense, and among the State, local, and Federal partners of
the Department of Defense.
(2) Antiterrorism and force protection standards relating
to standoff distances for buildings.
(3) Protective standards relating to chemical, biological,
radiological, nuclear, and high explosives threats.
(4) Standards relating to access to Department bases.
(5) Standards for identity management within the
Department, including such standards for identity cards and
biometric identifications systems.
(6) Procedures for validating and approving individuals
with regular or episodic access to military installations,
including military personnel, civilian employees, contractors,
family members of personnel, and other types of visitors.
(7) Procedures for sharing with appropriate Department of
Defense officials--
(A) information from the intelligence or law
enforcement community regarding possible contacts with
terrorists or terrorist groups, criminal organizations,
or other state and non-state foreign entities actively
working to undermine the security interests of the
United States; and
(B) personnel records or other derogatory
information regarding potentially suspicious
activities.
(8) Any legislative changes recommended for implementing
the recommendations contained in the review.
(c) Interim Report.--Not later than March 1, 2011, the Secretary of
Defense shall submit an interim report on the comprehensive report
required under subsection (a).
(d) Final Report.--Not later than June 1, 2011, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a final report on the comprehensive review
required under subsection (a). The final report shall include such
findings and recommendations as the Secretary considers appropriate
based on the review, including recommended actions to be taken to
implement the specific recommendations in the final report. The final
report shall be submitted in an unclassified format, but may include a
classified annex.
SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTATION FUND.
(a) Establishment of Fund.--Of the amounts authorized to be
appropriated under section 301(5), the Secretary of Defense shall
deposit $100,000,000 into a fund to be known as the ``Fort Hood Follow-
on Review Implementation Fund''. Amounts deposited in the Fund shall be
available to the Secretary to address the recommendations contained in
the review known as the ``Fort Hood Follow-on Review''.
(b) Transfer Authority.--
(1) Transfers authorized.--Amounts in the Fort Hood Follow-
on Review Implementation Fund may be transferred to any of the
following accounts and funds of the Department of Defense for
the purpose of addressing any of the recommendations contained
the Fort Hood Follow-on Review:
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Defense Health Program accounts.
(2) Additional transfer authority.--The transfer authority
provided by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon the Secretary's
determination that all or part of the funds transferred from
the Fort Hood Follow-on Review Implementation Fund under
paragraph (1) are not necessary for the purpose for which such
funds were transferred, such funds may be transferred back to
the Fund.
(4) Prior notice to congressional committees.--
(A) Obligations.--No amount may be obligated from
the Fort Hood Follow-on Review Implementation Fund
until 30 days after the date on which the Secretary of
Defense notifies the congressional defense committees,
in writing, of the details of the proposed obligation.
(B) Transfers.--No amount may be transferred under
paragraph (1) until 45 days after the date on which the
Secretary of Defense notifies the congressional defense
committees, in writing, of the details of the proposed
transfer.
(5) Effect on authorization amounts.--A transfer to any
account under paragraph (1) shall be deemed to increase the
amount authorized to be appropriated for such account for
fiscal year 2011 by an amount equal to the amount so
transferred.
(c) Quarterly Obligation and Expenditure Reports.--Not later than
15 days after the end of each fiscal quarter of fiscal year 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Fort Hood Follow-on Review Implementation
Fund. Such reports shall include explanations of the monthly
commitments, obligations, and expenditures of such Fund, expressed by
line of action, for the fiscal quarter covered by the report.
SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE CONDUCT AND PRACTICES
OF LAWYERS REPRESENTING INDIVIDUALS DETAINED AT NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) In General.--The Inspector General of the Department of Defense
shall conduct an investigation of the conduct and practices of lawyers
described in subsection (c). In conducting such investigation, the
Inspector General shall--
(1) identify any conduct or practice of such a lawyer that
has--
(A) interfered with the operations of the
Department of Defense at Naval Station, Guantanamo Bay,
Cuba, relating to individuals described in subsection
(d);
(B) violated any applicable policy of the
Department;
(C) violated any law within the exclusive
investigative jurisdiction of the Inspector General of
the Department of Defense; or
(D) generated any material risk to a member of the
Armed Forces of the United States;
(2) identify any actions taken by the Department to address
any conduct or practice identified in paragraph (1); and
(3) determine whether any such conduct or practice
undermines the operations of the Department relating to such
individuals.
(b) Lawyers Described.--The lawyers described in this subsection
are military and non-military lawyers--
(1) who represent individuals described in subsection (d)
in proceedings relating to petitions for habeas corpus or in
military commissions; and
(2) for whom there is reasonable suspicion that they have
engaged in conduct or practices described in subsection (a)(1).
(c) Individuals Described.--An individual described in this
subsection is any individual who is located, or who has been located at
any time on or after September 11, 2001, at United States Naval
Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is or was--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at the United States
Naval Station, Guantanamo Bay, Cuba.
(d) Report.--Not later than 90 days after the date of the
completion of an investigation under subsection (a), the Inspector
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report describing the results of such
investigation.
(e) Rule of Construction.--Nothing in this section shall be
construed as authorizing the public disclosure of information that is--
(1) specifically prohibited from disclosure by any other
provision of law;
(2) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security; or
(3) a part of an ongoing criminal investigation.
SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MIRANDA WARNINGS TO AL
QAEDA TERRORISTS.
None of the funds authorized to be appropriated in this Act or
otherwise made available to the Department of Defense shall be used in
violation of section 1040 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2454; 10 U.S.C. 801
note).
Subtitle E--Studies and Reports
SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RELATED MISHAP SAFETY
INVESTIGATION REPORTS.
(a) Provision of Briefings.--Not later than 30 days after the
submittal of a written request by the chairman and ranking member of
any of the congressional defense committees, the Secretary of a
military department shall provide to that committee a briefing on the
privileged findings, causal factors, and recommendations contained in a
specific Department of Defense aerospace-related mishap safety
investigation report.
(b) Briefing Attendance.--A briefing provided under subsection (a)
may be attended only by the following individuals:
(1) The chairman of the congressional defense committee for
which the briefing is provided.
(2) The ranking member of that committee.
(3) The chairmen and ranking members of any subcommittees
of that committee that the committee chairman and ranking
member jointly designate as having jurisdiction over
information contained in the briefing.
(4) Not more than four professional staff members
designated jointly by the chairman and ranking member of the
committee.
(c) Availability of Reports.--During a briefing provided under
subsection (a), two copies of the privileged version of the mishap
safety investigation report that is the subject of the briefing shall
be made available for review by each of the individuals who attend the
briefing pursuant to subsection (b). Each copy of the report shall be
returned to the Department of Defense at the conclusion of the
briefing.
(d) Department of Defense Aerospace-related Mishap Reporting
Requirement.--The chairperson who is appointed by the Secretary of a
military department for the purpose of conducting an aerospace-related
mishap safety board investigation, shall include as an addendum in the
privileged safety report a discussion--
(1) comparing and contrasting all of the findings, causal
factors, and recommendations contained in the non-privileged,
publicly-released version of the aerospace-related mishap
investigation report;
(2) describing how such findings, causal factors, and
recommendations differ from the findings, causal factors, and
recommendations contained in the privileged version of the
safety report; and
(3) the rationale that justifies any such differences.
SEC. 1042. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND SKILLS.
(a) Study Required.--
(1) Selection of independent study organization.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall select and enter into an agreement
with an appropriate independent, nonprofit organization to
conduct a study of the matters described in subsection (b).
(2) Qualifications of organization selected.--The
organization selected shall be qualified on the basis of having
performed related prior work in the fields of national security
and human capital development, and on the basis of such other
criteria as the Secretary of Defense may determine.
(b) Matters to Be Covered.--The study required by subsection (a)
shall assess the current state of interagency national security
knowledge and skills in Department of Defense civilian and military
personnel, and make recommendations for strengthening such knowledge
and skills. At minimum, the study shall include assessments and
recommendations on--
(1) interagency national security training, education, and
rotational assignment opportunities available to civilians and
military personnel;
(2) integration of interagency national security education
into the professional military education system;
(3) level of interagency national security knowledge and
skills possessed by personnel currently serving in civilian
executive and general or flag officer positions, as represented
by the interagency education, training, and professional
experiences they have undertaken;
(4) incentives that enable and encourage military and
civilian personnel to undertake interagency assignment,
education, and training opportunities, as well as disincentives
and obstacles that discourage undertaking such opportunities;
and
(5) any plans or current efforts to improve the interagency
national security knowledge and skills of civilian and military
personnel.
(c) Report.--Not later than December 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the findings and recommendations from the study required by
subsection (a).
(d) Definition.--In this section, the term ``interagency national
security knowledge and skills'' means an understanding of, and the
ability to efficiently and expeditiously work within, the structures,
mechanisms, and processes by which the departments, agencies, and
elements of the Federal Government that have national security missions
coordinate and integrate their policies, capabilities, budgets,
expertise, and activities to accomplish such missions.
SEC. 1043. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT TRAINING
CENTER.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the need for the
establishment of a Northeast Regional Joint Training Center.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) A list of facilities in the Northeastern United States
at which, as of the date of the enactment of this Act, the
Department of Defense has deployed or has committed to
deploying a joint training experimentation network.
(2) The extent to which such facilities have sufficient
unused capacity and expertise to accommodate and fully utilize
a permanent joint training experimentation node.
(3) A list of potential locations for the regional center
discussed in the report.
(c) Considerations With Respect to Location.--In determining
potential locations for the regional center of excellence to be
discussed in the report required under subsection (a), the Secretary of
Defense shall take into consideration Department of Defense facilities
that have--
(1) a workforce of skilled personnel;
(2) live, virtual, and constructive training capabilities,
and the ability to digitally connect them and the associated
battle command structure at the tactical and operational
levels;
(3) an extensive deployment history in Operation Enduring
Freedom and Operation Iraqi Freedom;
(4) a location in the Northeastern United States;
(5) an existing and permanent joint training and
experimentation network node;
(6) the capacity or potential capacity to accommodate a
target training audience of up to 4000 additional personnel;
and
(7) the capability to accommodate the training of current
and future Army and Air Force unmanned aircraft systems.
SEC. 1044. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED REPORTS.
(a) Report Required.--Not later than March 1, 2011, the Comptroller
General of the United States shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report evaluating the sufficiency, adequacy, and
conclusions of following reports:
(1) The report on Air Force fighter force shortfalls, as
required by the report of the House of Representatives numbered
111-166, which accompanied the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84).
(2) The report on procurement of 4.5 generation fighters,
as required by section 131 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2218).
(3) The report on combat air forces restructuring, as
required by the report of the House of Representatives numbered
111-288, which accompanied the conference report for the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84).
(b) Matters Covered by Report.--The report required by subsection
(a) shall examine the potential costs and benefits of each of the
following:
(1) The service life extension program costs to sustain the
legacy fighter fleet to meet inventory requirements with an
emphasis on the service life extension program compared to
other options such as procurement of 4.5 generation fighters.
(2) The Falcon Structural Augmentation Roadmap of F-16s,
with emphasis on the cost-benefit of such effort and the effect
of such efforts on the service life of the airframes.
(3) Any additional programs designed to extend the service
life of legacy fighter aircraft.
(c) Prohibition.--No fighter aircraft may be retired from the Air
Force or the Air National Guard inventory in fiscal year 2011 until 180
days after the receipt by the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives of
the report required under subsection (a).
SEC. 1045. REPORT ON NUCLEAR TRIAD.
(a) Report.--Not later than March 1, 2011, the Secretary of
Defense, in consultation with the Administrator for Nuclear Security,
shall submit to the congressional defense committees a report on the
nuclear triad.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A detailed discussion of the modernization and
sustainment plans for each component of the nuclear triad over
the 20-year period beginning on the date of the report.
(2) The funding required for each platform of the nuclear
triad with respect to operations and maintenance,
modernization, and replacement.
(3) Any industrial capacities that the Secretary considers
vital to ensure the viability of the nuclear triad.
(c) Nuclear Triad Defined.--In this section, the term ``nuclear
triad'' means the nuclear deterrent capabilities of the United States
composed of ballistic missile submarines, land-based missiles, and
strategic bombers.
SEC. 1046. CYBERSECURITY STUDY AND REPORT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) cybersecurity is one of the most serious national
security challenges facing the United States; and
(2) it is critical that the Department of Defense develop
technological solutions that ensure the security and freedom of
action of the Department while operating in the cyber domain.
(b) Study.--The Secretary of Defense shall conduct a study
assessing--
(1) the current use of, and potential applications of,
modeling and simulation tools to identify likely cybersecurity
methodologies and vulnerabilities within the Department of
Defense.
(2) the application of modeling and simulation technology
to develop strategies and programs to deter hostile or
malicious activity intended to compromise Department of Defense
information systems.
(c) Report.--Not later than January 1, 2012, the Secretary of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing the results of
the study conducted under subsection (b), including recommendations on
possible options for increasing the use of simulation tools to further
strengthen the cybersecurity environment of the Department of Defense.
(d) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD REGIONS IN DEPARTMENTS
AND AGENCIES WITH INTERNATIONAL RESPONSIBILITIES.
(a) Study Required.--The President shall commission 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) Participating Departments and Agencies.--The following
departments and agencies, at a minimum, shall participate in the study:
(1) The Department of Defense, including the combatant
commands.
(2) The Department of State.
(3) The United States Agency for International Development.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of the Treasury.
(7) The intelligence community.
(8) Such other departments and agencies as the President
considers appropriate.
(c) Cooperation and Access.--The heads of the departments and
agencies participating in the study shall provide full cooperation
with, and access to appropriate information to, the team carrying out
the study.
(d) Matters Covered.--The study required under subsection (a)
shall, at a minimum, assess--
(1) the problems resulting from different geographic
boundaries within the various departments and agencies;
(2) potential obstacles to implementing a common alignment;
(3) the advantages and disadvantages of a common alignment;
and
(4) impediments to interagency coordination because of
differing regional authority levels.
(e) Report.--The President 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. 1048. 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, the
Director of the Congressional Budget Office, and the
Comptroller General of the United States a report that
includes--
(A) a discussion of the cost, schedule, and
performance of all currently 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 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;
(C) a discussion of an objectivity and sufficiency
review of the final report issued subsequent to the
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;
(D) a discussion of the progress of efforts to
field a next generation long-range strike platform,
including a review of--
(i) the next generation long-range strike
requirements development and validation;
(ii) the threshold and objective key
performance parameters;
(iii) the acquisition strategy, the
acquisition oversight strategy, projected life-
cycle costs, the cost-risk analysis, the
technology readiness levels of planned
capabilities; and
(iv) the development, testing, production
and fielding timelines;
(E) a discussion of the costs, 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 development,
testing, fielding and operational employment of a
singular platform that encompasses all the required
aforementioned characteristics; and
(F) a discussion of the planning efforts for
developing and fielding a transformational long-range
strike capability in the 2035 timeframe.
(2) Preparation of report.--The report under paragraph (1)
shall be prepared by the Institute for Defense Analyses and
submitted to the Secretary of the Air Force for submittal by
the Secretary in accordance with that paragraph.
(b) Cost Analysis and Program Evaluation Report.--The Director of
the Cost Analysis and Program Evaluation of the Office of the Secretary
of Defense shall submit to the congressional defense committees, the
Director of the Congressional Budget Office, and the Comptroller
General of the United States 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 and approved by
the Secretary of Defense, prior to the cancellation of the
program on April 6, 2009.
(c) CBO Report.--Not later than 360 days after the date of the
enactment of this Act, the Congressional Budget Office shall submit to
the congressional defense committees and to the Comptroller General of
the United States a report that includes--
(1) a life-cycle-cost analysis of the costs of modernizing
and sustaining the current fleet of B-1, B-2 and B-52 bombers
to meet future long-range strike requirements compared to the
costs of development, testing, fielding, and operational
employment of a singular Next Generation Bomber platform to
replace the existing fleet of B-1, B-2 and B-52 platforms;
(2) a life-cycle-cost analysis of the costs of the
Secretary of Defense's plan to field a long-range, penetrating,
survivable, persistent, and enduring ``family of systems''
compared to the costs of developing, testing, fielding and
operational employment of a singular Next Generation Bomber
platform;
(3) a life-cycle-cost analysis of the costs the Secretary
of Defense's plan to field a long-range, penetrating,
survivable, persistent and enduring ``family of systems''
compared to the costs of modernizing and sustaining the current
fleet of B-1, B-2 and B-52 bombers to meet future long-range
strike requirements; and
(4) the results of an objectivity and sufficiency review of
the cost analysis described in subsection (b)(1).
(d) Access to Programmatic Information.--
(1) In general.--The Secretary of Defense and the Secretary
of the Air Force shall provide prompt access to programmatic
information requested by agency personnel for the purpose of
producing a report required under this section, including any
and all classified information pertaining to the Department's
``family of systems'' programs.
(2) Prompt access defined.--For purposes of paragraph (1),
the term ``prompt access'' means access provided not later than
15 business days after receiving a request.
Subtitle F--Other Matters
SEC. 1051. NATIONAL DEFENSE PANEL.
Subsection (f) of section 118 of title 10, United States Code, is
amended to read as follows:
``(f) National Defense Panel.--
``(1) Establishment.--Not later than February 1 of a year
in which a quadrennial defense review is conducted under this
section, there shall be established a bipartisan, independent
panel to be known as the National Defense Panel (in this
section referred to as the `Panel'). The Panel shall have the
duties set forth in this subsection.
``(2) Membership.--The Panel shall be composed of ten
members who are recognized experts in matters relating to the
national security of the United States. Eight of the members
shall be appointed as follows:
``(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
``(B) Two by the chairman of the Committee on Armed
Services of the Senate.
``(C) Two by the ranking member of the Committee on
Armed Services of the House of Representatives.
``(D) Two by the ranking member of the Committee on
Armed Services of the Senate.
``(3) Co-chairs of the panel.--In addition to the members
appointed under paragraph (2), the Secretary of Defense shall
appoint two members, one from each of the major political
parties, to serve as co-chairs of the panel.
``(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Panel. Any vacancy in the Panel
shall be filled in the same manner as the original appointment.
``(5) Duties.--The Panel shall have the following duties
with respect to a quadrennial defense review:
``(A) Not later than March 1 of a year in which the
review is conducted, the Panel shall submit to the
Secretary of Defense a report that sets the parameters
and provide guidance to the Secretary on the conduct of
the review. The report of the Panel under this
subparagraph shall, at a minimum, include such guidance
as is necessary to ensure that the review is conducted
in a manner that provides for adequately addressing all
elements listed in subsection (d).
``(B) While the review is being conducted, the
Panel shall review the updates from the Secretary of
Defense required under paragraph (8) on the conduct of
the review.
``(C) The Panel shall--
``(i) review the Secretary of Defense's
terms of reference and any other materials
providing the basis for, or substantial inputs
to, the work of the Department of Defense on
the quadrennial defense review;
``(ii) conduct an assessment of the
assumptions, strategy, findings, and risks of
the report on the quadrennial defense review
required in subsection (d), with particular
attention paid to the risks described in that
report;
``(iii) conduct an independent assessment
of a variety of possible force structures of
the armed forces, including the force structure
identified in the report on the quadrennial
defense review required in subsection (d);
``(iv) review the resource requirements
identified pursuant to subsection (b)(3) and,
to the extent practicable, make a general
comparison to the resource requirements to
support the forces contemplated under the force
structures assessed under subparagraph (C); and
``(v) provide to Congress and the Secretary
of Defense, through the report under paragraph
(7), any recommendations it considers
appropriate for their consideration.
``(6) First meeting.--If the Secretary of Defense has not
made the Secretary's appointments to the Panel under paragraph
(3) by February 1 of a year in which a quadrennial defense
review is conducted under this section, the Panel shall convene
for its first meeting with the remaining members.
``(7) Report.--Not later than 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 periodically, but not less often than every 30
days, brief the Panel on the progress of the conduct of a
quadrennial defense review under subsection (a).
``(9) Administrative provisions.--
``(A) The Panel may secure directly from the
Department of Defense and any of its components such
information as the Panel considers necessary to carry
out its duties under this subsection. The head of the
department or agency concerned shall ensure that
information requested by the Panel under this paragraph
is promptly provided.
``(B) Upon the request of the co-chairs of the
Panel, the Secretary of Defense shall make available to
the Panel the services of any federally funded research
and development center that is covered by a sponsoring
agreement of the Department of Defense.
``(C) The Panel shall have the authorities provided
in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such
section.
``(D) Funds for activities of the Panel shall be
provided from amounts available to the Department of
Defense.
``(10) Termination.--The Panel for a quadrennial defense
review shall terminate 45 days after the date on which the
Panel submits its final report on the quadrennial defense
review under paragraph (7).''.
SEC. 1052. QUADRENNIAL DEFENSE REVIEW.
(a) Sense of Congress.--It is the sense of Congress that the
quadrennial defense review is a critical strategic document and should
be based upon a process unconstrained by budgetary influences so that
such influences do not determine or limit its outcome.
(b) Relationship of Quadrennial Defense Review to Defense Budget.--
Paragraph (4) of section 118(b) of title 10, United States Code, is
amended to read as follows:
``(4) to make recommendations that will not be influenced,
constrained, or informed by the budget submitted to Congress by
the President pursuant to section 1105 of title 31.''.
SEC. 1053. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL
HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCIES.
(a) State and Local Agencies to Which Sales May Be Made.--Section
2576 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``local law enforcement and
firefighting'' and inserting ``local law enforcement,
firefighting, homeland security, and emergency
management''; and
(B) by striking ``carrying out law enforcement and
firefighting activities'' and inserting ``carrying out
law enforcement, firefighting, homeland security, and
emergency management activities''; and
(2) in subsection (b), by striking ``law enforcement or
firefighting'' both places it appears and inserting ``law
enforcement, firefighting, homeland security, or emergency
management''.
(b) Types of Equipment That May Be Sold.--Subsection (a) of such
section, as amended by subsection (a) of this section, is further
amended by striking ``and protective body armor'' and inserting
``personal protective equipment, and other appropriate equipment''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland security, and
emergency management agencies''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 153 of
such title is amended to read as follows:
``2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland
security, and emergency management
agencies.''.
SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION PROGRAM.
(a) Program Established.--The Secretary of Defense shall establish
a program to accelerate the fielding of innovative technologies
developed using Department of Defense research funding and the
commercialization of such technologies. Not later than 180 days after
the date of the enactment of this Act, the Secretary shall issue
guidelines for the operation of the program, including--
(1) criteria for an application for funding by a military
department, defense agency, or the unified combatant command
for special operations forces;
(2) the purposes for which such a department, agency, or
command may apply for funds and appropriate requirements for
technology development or commercialization to be supported
using program funds;
(3) the priorities, if any, to be provided to field or
commercialize technologies developed by certain types of
Department of Defense research funding; and
(4) criteria for evaluation of an application for funding
by a department, agency, or command.
(b) Applications for Funding.--
(1) In general.--Under the program, the Secretary shall,
not less often than annually, solicit from the heads of the
military departments, the defense agencies, and the unified
combatant command for special operations forces applications
for funding to be used to enter into contracts, cooperative
agreements, or other transaction agreements entered into
pursuant to section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1721;
10 U.S.C. 2371 note) with appropriate entities for the fielding
or commercialization of technologies.
(2) Treatment pursuant to certain congressional rules.--
Nothing in this section shall be interpreted to require any
official of the Department of Defense to provide funding under
this section to any earmark as defined pursuant to House Rule
XXI, clause 9, or any congressionally directed spending item as
defined pursuant to Senate Rule XLIV, paragraph 5.
(c) Funding.--Subject to the availability of appropriations for
such purpose, of the amounts authorized to be appropriated for
research, development, test, and evaluation, defense-wide for each of
fiscal years 2011 through 2015, not more than $500,000,000 may be used
for any such fiscal year for the program established under subsection
(a).
(d) Transfer Authority.--The Secretary may transfer funds available
for the program to the research, development, test, and evaluation
accounts of a military department, defense agency, or the unified
combatant command for special operations forces pursuant to an
application, or any part of an application, that the Secretary
determines would support the purposes of the program. The transfer
authority provided in this subsection is in addition to any other
transfer authority available to the Department of Defense.
(e) Delegation of Management of Program.--The Secretary may
delegate the management and operation of the program established under
subsection (a) to the Assistant Secretary of Defense for Research and
Engineering.
(f) Report.--Not later than 60 days after the last day of a fiscal
year during which the Secretary carries out a program under this
section, the Secretary shall submit a report to the congressional
defense committees providing a detailed description of the operation of
the program during such fiscal year.
(g) Termination.--The authority to carry out a program under this
section shall terminate on September 30, 2015. Any amounts made
available for the program that remain available for obligation on the
date the program terminates may be transferred under subsection (d)
during the 180-day period beginning on the date of the termination of
the program.
SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 5, United States Code.--Subsection (l)(2)(B) of section
8344 of title 5, United States Code, as added by section 1122(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2505), is amended by striking ``5201 et seq.'' and
inserting ``5211 et seq.''.
(b) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 127d(d)(1) is amended by striking ``Committee
on International Relations'' and inserting ``Committee on
Foreign Affairs''.
(2) Section 132 is amended--
(A) by redesignating subsection (d), as added by
section 2831(a) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2669), as subsection (e); and
(B) in such subsection, by striking ``Guam
Executive Council'' and inserting ``Guam Oversight
Council''.
(3)(A) Section 382 is amended by striking ``section 175 or
2332c'' in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and
inserting ``section 175, 229, or 2332a''.
(B) The heading of such section is amended by striking
``chemical or biological''.
(C) The table of sections at the beginning of chapter 18 is
amended by striking the item relating to section 382 and
inserting the following new item:
``382. Emergency situations involving weapons of mass destruction.''.
(4) Section 1175a(j)(3) is amended by striking ``title 10''
and inserting ``this title''.
(5) Section 1781b(d) is amended by striking ``March 1,
2008, and each year thereafter'' and inserting ``March 1 each
year''.
(6) Section 1781c(h)(1) is amended by striking ``180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010, and annually
thereafter'' and inserting ``April 30 each year''.
(7) Section 2130a(b)(1) is amended by striking ``Training
Program'' both places it appears and inserting ``Training Corps
program''.
(8) Section 2222(a) is amended by striking ``Effective
October 1, 2005, funds'' and inserting ``Funds''.
(9) The table of sections at the beginning of subchapter I
of chapter 134, as amended by section 1031(a)(2) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2448), is amended by transferring the
item relating to section 2241a from the end of the table of
sections to appear after the item relating to section 2241.
(10) Section 2362(e)(1) is amended by striking ``IV'' and
inserting ``V''.
(11) Section 2533a(d) is amended in paragraphs (1) and (4)
by striking ``(b)(1)(A), (b)(2), or (b)(3)'' and inserting
``(b)(1)(A) or (b)(2)''.
(12) Section 2642(a)(3) is amended by striking ``During the
five-year period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2010'' and
inserting ``During the period beginning on October 28, 2009,
and ending on October 28, 2014''.
(13) Section 2667(e)(1)(A)(ii) is amended by striking
``sections 2668 and 2669'' and inserting ``section 2668''.
(14) Section 2684a(g)(1) is amended by striking ``March 1,
2007, and annually thereafter'' and inserting ``March 1 each
year''.
(15) Section 2687a(a) is amended by striking ``31for'' and
inserting ``31 for''.
(16) Section 2922d is amended by striking ``1 or more''
each place it appears and inserting ``one or more''.
(17) Section 10216 is amended by striking ``section
115(c)'' in subsections (b)(1), (c)(1), and (c)(2)(A) and
inserting ``section 115(d)''.
(18) Section 10217(c)(1) is amended--
(A) by striking ``Effective October 1, 2007, the''
and inserting ``The''; and
(B) by striking ``after the preceding sentence
takes effect''.
(19) Section 12203(a) is amended by striking ``above'' in
the first sentence and inserting ``of''.
(c) National Defense Authorization Act for Fiscal Year 2010.--
Effective as of October 28, 2009, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) is amended as follows:
(1) Section 325(d)(4) (123 Stat. 2254) is amended by
striking ``section 236'' and inserting ``section 235''.
(2) Section 581(a)(1)(C) (123 Stat. 2326) is amended by
striking ``subsection (f)'' and inserting ``subsection (g), as
redesignated by section 582(b)(1)''.
(3) Section 584(a) (123 Stat. 2330) is amended by striking
``such Act'' and inserting ``the Uniformed and Overseas
Citizens Absentee Voting Act''.
(4) Section 585(b)(1) (123 Stat. 2331) is amended by
striking subparagraphs (A) and (B), and inserting the following
new subparagraphs:
``(A) in paragraph (2), by striking `section
102(4)' and inserting `section 102(a)(4)'; and
``(B) by striking paragraph (4) and inserting the
following new paragraph:
```(4) prescribe a suggested design for absentee ballot
mailing envelopes;'; and''.
(5) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``section 107(a)'' and
inserting ``section 107(1)''; and
(ii) by striking ``1973ff et seq.'' and
inserting ``1973ff-6(1)''; and
(B) in subsection (e)(1), by striking ``1977ff
note'' and inserting ``1973ff note''.
(6) The undesignated section immediately following section
603 (123 Stat. 2350) is designated as section 604.
(7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is
amended--
(A) by striking ``feasability'' both places it
appears and inserting ``feasibility''; and
(B) by striking ``specialities'' both places it
appears and inserting ``specialties''.
(8) Section 813(a)(3) is amended by inserting ``order''
after ``task'' in the matter proposed to be struck.
(9) Section 921(b)(2) (123 Stat. 2432) is amended by
inserting ``subchapter I of'' before ``chapter 21''.
(10) Section 1014(c) (123 Stat. 2442) is amended by
striking ``in which the support'' and inserting ``in which
support''.
(11) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note)
is amended by striking ``et 13 seq.'' and inserting ``et
seq.''.
(12) Section 1055(f) (123 Stat. 2462) is amended by
striking ``Combating'' and inserting ``Combatting''.
(13) Section 1063(d)(2) (123 Stat. 2470) is amended by
striking ``For purposes of this section, the'' and inserting
``The''.
(14) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note)
is amended--
(A) by striking ``title 14'' and inserting ``title
XIV'';
(B) by striking ``title 10'' and inserting ``title
X''; and
(C) by striking ``the Military Commissions Act of
2006 (10 U.S.C. 948 et seq.; Public Law 109-366)'' and
inserting ``chapter 47A of title 10, United States
Code''.
(15) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note
prec.) is amended by striking ``the Secretary'' in the first
sentence and inserting ``the Secretary of Defense''.
(16) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902
note) is amended by inserting ``United States Code,'' after
``title 5,'' the first place it appears.
(17) Section 1121 (123 Stat. 2505) is amended--
(A) in subsection (a)--
(i) by striking ``Section 9902(h)'' and
inserting ``Section 9902(g)''; and
(ii) by inserting ``as redesignated by
section 1113(b)(1)(B),'' after ``Code,''; and
(B) in subsection (b), by striking ``section
9902(h)'' and inserting ``section 9902(g)''.
(18) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is
amended by inserting a space between the first short title and
``or''.
(19) Section 1306(b) (123 Stat. 2560) is amended by
striking ``fiscal year'' and inserting ``Fiscal Year''.
(20) Subsection (b) of section 1803 (123 Stat. 2612) is
amended to read as follows:
``(b) Appellate Review Under Detainee Treatment Act of 2005.--
``(1) Department of defense, emergency supplemental
appropriations to address hurricanes in the gulf of mexico, and
pandemic influenza act, 2006.--Section 1005(e) of the Detainee
Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C.
801 note) is amended by striking paragraph (3).
``(2) National defense authorization act for fiscal year
2006.--Section 1405(e) of the Detainee Treatment Act of 2005
(Public Law 109-163; 10 U.S.C. 801 note) is amended by striking
paragraph (3).''.
(21) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by
striking the comma after ``5941''.
(22) Section 2804(d)(2) (123 Stat. 2662) is amended by
inserting ``subchapter III of'' before ``chapter 169''.
(23) Section 2835(f)(1) (123 Stat. 2677) is amended by
striking ``publically-available'' and inserting ``publicly
available''.
(24) Section 3503(b)(1) (123 Stat. 2719) is amended by
striking the extra quotation marks.
(25) Section 3508(1) (123 Stat. 2721) is amended by
striking ``headline'' and inserting ``heading''.
(d) Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009.--
(1) Section 596(b)(1)(D) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 10 U.S.C. 1071 note), as amended by section 594 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2337), is amended by striking ``or flag''
the second place it appears.
(2) Section 1111(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 143 note), as amended by section 1109 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2492), is amended--
(A) in the matter preceding paragraph (1), by
striking ``secretary of a military department'' and
inserting ``Secretary of a military department'';
(B) in paragraph (1)--
(i) by striking ``the the requirements''
and inserting ``the requirements''; and
(ii) by striking ``this title'' and
inserting ``such title''; and
(C) in paragraph (2), by striking ``any any of the
following'' and inserting ``any of the following''.
(e) Weapon Systems Acquisition Reform Act of 2009.--Effective as of
May 22, 2009, and as if included therein as enacted, the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23) is amended as
follows:
(1) Section 205(a)(1)(B) (123 Stat. 1724) is amended in the
matter proposed to be inserted by striking ``paragraphs (1) and
(2)'' and inserting ``paragraphs (1), (2), and (3)''.
(2) Section 205(c) (124 Stat. 1725) is amended by striking
``2433a(c)(3)'' and inserting ``2433a(c)(1)(C)''.
(f) Technical Correction Regarding SBIR Extension.--Section 9(m)(2)
of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section
847(a) of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2420), is amended by striking ``is
authorized'' and inserting ``are authorized''.
(g) Technical Correction Regarding Performance Management and
Workforce Incentives.--Section 9902(a)(2) of title 5, United States
Code, as added by section 1113(d) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2499), is
amended by striking ``chapters'' both places it appears and inserting
``chapter''.
(h) Technical Correction Regarding Small Shipyards and Maritime
Communities Assistance Program.--Section 3506 of the National Defense
Authorization Act for Fiscal Year 2006, as reinstated by the amendment
made by section 1073(c)(14) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), is repealed.
(i) Technical Correction Regarding DOT Maritime Heritage
Property.--Section 6(a)(1)(C) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2721), is amended by striking ``the date of enactment
of the Maritime Administration Authorization Act of 2010'' and
inserting ``October 28, 2009''.
(j) Technical Correction Regarding DOE National Security
Programs.--The table of contents at the beginning of the National
Nuclear Security Administration Act (title XXXII of Public Law 106-65;
50 U.S.C. 2401 et seq.) is amended by striking the item relating to
section 3255 and inserting the following new item:
``Sec. 3255. Biennial plan and budget assessment on the modernization
and refurbishment of the nuclear security
complex.''.
SEC. 1056. BUDGETING FOR THE SUSTAINMENT AND MODERNIZATION OF NUCLEAR
DELIVERY SYSTEMS.
Consistent with the plan contained in the report submitted to
Congress under section 1251 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549), in the budget
materials submitted to the President by the Secretary of Defense in
connection with the submission to Congress, pursuant to section 1105 of
title 31, United States Code, of the budget for fiscal year 2012, and
each subsequent fiscal year, the Secretary shall ensure that a separate
budget (including separate, dedicated line items and program elements)
is included with respect to programs and platforms regarding the
sustainment and modernization of nuclear delivery systems.
SEC. 1057. LIMITATION ON NUCLEAR FORCE REDUCTIONS.
(a) Findings.--Congress finds the following:
(1) As of September 30, 2009, the stockpile of nuclear
weapons of the United States has been reduced by 84 percent
from its maximum level in 1967 and by more than 75 percent from
its level when the Berlin Wall fell in November, 1989.
(2) The number of non-strategic nuclear weapons of the
United States has declined by approximately 90 percent from
September 30, 1991, to September 30, 2009.
(3) In 2002, the United States announced plans to reduce
its number of operationally deployed strategic nuclear warheads
to between 1,700 and 2,200 by December 31, 2012.
(4) The United States plans to further reduce its stockpile
of deployed strategic nuclear warheads to 1,550 during the next
7 years.
(5) The United States plans to further reduce its deployed
ballistic missiles and heavy bombers to 700 and its deployed
and non-deployed launchers and heavy bombers to 800 during the
next 7 years.
(6) Beyond these plans for reductions, the Nuclear Posture
Review of April 2010 stated that, ``the President has directed
a review of potential future reductions in U.S. nuclear weapons
below New START levels. Several factors will influence the
magnitude and pace of such reductions.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) any reductions in the nuclear forces of the United
States should be supported by a thorough assessment of the
strategic environment, threat, and policy and the technical and
operational implications of such reductions; and
(2) specific criteria are necessary to guide future
decisions regarding further reductions in the nuclear forces of
the United States.
(c) Limitation.--No action may be taken to implement the reduction
of nuclear forces of the United States below the levels described in
paragraphs (4) and (5) of subsection (a), unless--
(1) the Secretary of Defense and the Administrator for
Nuclear Security jointly submit to the congressional defense
committees a report on such reduction, including--
(A) the justification for such reduction;
(B) an assessment of the strategic environment,
threat, and policy and the technical and operational
implications of such reduction;
(C) written certification by the Secretary of
Defense that--
(i) either--
(I) the strategic environment or
the assessment of the threat has
changed to allow for such reduction; or
(II) technical measures to provide
a commensurate or better level of
safety, security, and reliability as
before such reduction have been
implemented for the remaining nuclear
forces of the United States;
(ii) such reduction preserves the nuclear
deterrent capabilities of the ``nuclear triad''
(intercontinental ballistic missiles, ballistic
missile submarines, and heavy bombers and dual-
capable aircraft);
(iii) such reduction does not require a
change in targeting strategy from counterforce
targeting to countervalue targeting;
(iv) the remaining nuclear forces of the
United States provide a sufficient means of
protection against unforeseen technical
challenges and geopolitical events; and
(v) such reduction is compensated by other
measures (such as nuclear modernization,
conventional forces, and missile defense) that
together provide a commensurate or better
deterrence capability and level of credibility
as before such reduction; and
(D) written certification by the Administrator for
Nuclear Security that--
(i) technical measures to provide a
commensurate or better level of safety,
security, and reliability as before such
reduction have been implemented for the
remaining nuclear forces of the United States;
(ii) the remaining nuclear forces of the
United States provide a sufficient means of
protection against unforeseen technical
challenges and geopolitical events; and
(iii) measures to modernize the nuclear
weapons complex have been implemented to
provide a sufficiently responsive
infrastructure to support the remaining nuclear
forces of the United States; and
(2) a period of 180 days has elapsed after the date on
which the report under paragraph (1) is submitted.
(d) Definition.--In this section, the term ``nuclear forces of the
United States'' includes--
(1) both active and inactive nuclear warheads in the
nuclear weapons stockpile; and
(2) deployed and non-deployed delivery vehicles.
SEC. 1058. SENSE OF CONGRESS ON THE NUCLEAR POSTURE REVIEW.
It is the sense of Congress that the Nuclear Posture Review,
released in April 2010 by the Secretary of Defense, weakens the
national security of the United States by eliminating options to defend
against a catastrophic nuclear, biological, chemical, or conventional
attack against the United States.
SEC. 1059. STRATEGIC ASSESSMENT OF STRATEGIC CHALLENGES POSED BY
POTENTIAL COMPETITORS.
The Secretary of Defense shall, in consultation with the Joint
Chiefs of Staff and the commanders of the regional combatant commands,
submit to the congressional defense committees, not later than March
15, 2011, a comprehensive strategic assessment of the current and
future strategic challenges posed to the United States by potential
competitors out through 2021, with particular attention paid to those
challenges posed by the military modernization of the People's Republic
of China, Iran, North Korea, and Russia.
SEC. 1060. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED INFORMATION.
The Secretary of Defense shall provide to each committee of
Congress an electronic communications link to classified information in
the possession of the Department of Defense pertaining to a subject
matter that is in the jurisdiction of such committee under the Rules of
the House of Representatives or the Standing Rules of the Senate. Such
electronic communications link shall be capable of supporting
appropriate classified communications between the Department of Defense
and each committee of Congress authorized to carry out such
communications.
SEC. 1061. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) expressed the sense of Congress (in
section 1083(d)(4)) that the Secretary of State ``should work
with the Government of Iraq on a state-to-state basis to ensure
compensation for any meritorious claims based on terrorist acts
committed by the Saddam Hussein regime against individuals who
were United States nationals or members of the United States
Armed Forces at the time of those terrorist acts and whose
claims cannot be addressed in courts in the United States due
to the exercise of the waiver authority'' provided to the
President under section 1083(d) of that Act.
(2) The House of Representatives in the 110th Congress
unanimously adopted H.R. 5167, the Justice for Victims of
Torture and Terrorism Act, which set forth an appropriate
compromise of the claims described in paragraph (1).
(3) The National Defense Authorization Act for Fiscal Year
2010 (in section 1079) further expressed the sense of Congress
that these claims of American victims of torture and hostage
taking by Iraq ``should be resolved by a prompt and fair
settlement negotiated between the Government of Iraq and the
Government of the United States, taking note of the provisions
of H.R. 5167 of the 110th Congress, which was adopted by the
United States House of Representatives''.
(4) Pursuant to these congressional actions, the Secretary
of State has diligently pursued these negotiations with the
Government of Iraq. To date, however, more than 3 years after
the enactment of the National Defense Authorization Act for
Fiscal Year 2008, and nearly a year after the enactment of the
National Defense Authorization Act for Fiscal Year 2010, there
has been no resolution of these claims of injured Americans,
despite the resolution by Iraq of claims of foreign
corporations against the Saddam Hussein regime.
(b) Sense of Congress.--It is the sense of Congress that the claims
of American victims of torture and hostage taking by the Government of
Iraq during the regime of Saddam Hussein that are subject to
Presidential Determination Number 2008-9 of January 28, 2008, which
waived application of section 1083 of the National Defense
Authorization Act for Fiscal Year 2008, should be resolved by a prompt
and fair settlement negotiated between the Government of Iraq and the
Government of the United States.
SEC. 1062. POLICY REGARDING APPROPRIATE USE OF DEPARTMENT OF DEFENSE
RESOURCES.
(a) Policy.--
(1) In general.--Chapter 2 of Title 10, United States Code,
is amended by inserting after section 113a the following new
section:
``Sec. 113b. Use of Department of Defense resources
``(a) Policy.--The Secretary of Defense shall ensure that all
resources of the Department of Defense are used only for activities
that--
``(1) fulfill a legitimate Government purpose;
``(2) comply with all applicable laws, regulations, and
policies of the Department of Defense; and
``(3) contribute to the mission of the Department of
Defense.
``(b) Guidance.--The Secretary shall prescribe such guidance as is
necessary to ensure compliance with the policy required under
subsection (a) and to address any violations of the policy, including,
as appropriate, any applicable legal remedies.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 113a the following new item:
``113b. Use of Department of Defense resources.''.
(b) Prohibition on Use of Funds.--None of the funds authorized to
be appropriated in this Act or otherwise available to the Department of
Defense may be used--
(1) for any activity that does not comply with the policy
established under section 113b of title 10, United States Code,
as added by subsection (a), including any improper activity
involving--
(A) transportation or travel (including use of
Government vehicles); or
(B) Department of Defense information technology
resources; or
(2) to pay the salary of any employee who engages in an
intentional violation of the policy established under such
section.
SEC. 1063. EXECUTIVE AGENT FOR PREVENTING THE INTRODUCTION OF
COUNTERFEIT MICROELECTRONICS INTO THE DEFENSE SUPPLY
CHAIN.
(a) Executive Agent.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense to serve as the executive
agent for preventing the introduction of counterfeit microelectronics
into the defense supply chain.
(b) Roles, Responsibilities, and Authorities.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe the roles, responsibilities, and authorities of the
executive agent designated under subsection (a).
(2) Specification.--The roles and responsibilities of the
executive agent designated under subsection (a) shall include
the following:
(A) Development and maintenance of a strategy and
implementation plan that ensures that the Department of
Defense has the ability to identify, mitigate, prevent,
and eliminate counterfeit microelectronics from the
defense supply chain.
(B) Development of recommendations for funding
strategies necessary to meet the requirements of the
strategy and implementation plan developed under
subparagraph (A).
(C) Assessments of trends in counterfeit
microelectronics, including--
(i) an analysis of recent incidents of
discovery of counterfeit microelectronics in
the defense supply chain, including incidents
involving material and service providers;
(ii) a projection of future trends in
counterfeit microelectronics;
(iii) the sufficiency of reporting
mechanisms and metrics within the Department of
Defense and each component of the Department of
Defense;
(iv) the economic impact of identifying and
remediating counterfeit microelectronics in the
defense supply chain; and
(v) the impact of counterfeit
microelectronics in the defense supply chain on
defense readiness.
(D) Coordination of planning and activities with
interagency and international partners.
(E) Development and participation in public-private
partnerships to prevent the introduction of counterfeit
microelectronics into the supply chain.
(F) Such other roles and responsibilities as the
Secretary of Defense considers appropriate.
(c) Support Within Department of Defense.--The Secretary of Defense
shall ensure that each component of the Department of Defense provides
the executive agent designated under subsection (a) with the
appropriate support and resources needed to perform the roles,
responsibilities, and authorities of the executive agent.
(d) Required Actions.--The Secretary of Defense shall submit to the
congressional defense committees--
(1) not later than 180 days after the date of the enactment
of this Act, a description of the roles, responsibilities, and
authorities of the executive agent prescribed in accordance
with subsection (b)(1);
(2) not later than 1 year after the date of the enactment
of this Act, a strategy for how the Department of Defense will
identify, mitigate, prevent, and eliminate counterfeit
microelectronics within the defense supply chain; and
(3) not later than 18 months after the date of the
enactment of this Act, an implementation plan for how the
Department of Defense will execute the strategy submitted in
accordance with paragraph (2).
(e) Definitions.--In this section:
(1) Counterfeit microelectronic.--The term ``counterfeit
microelectronic'' means any type of integrated circuit or other
microelectronic component that consists of--
(A) a substitute or unauthorized copy of a valid
product from an original manufacturer;
(B) a product in which the materials used or the
performance of the product has been changed without
notice by a person other than the original manufacturer
of the product; or
(C) a substandard component misrepresented by the
supplier of such component.
(2) Executive agent.--The term ``executive agent'' has the
meaning given the term ``DoD Executive Agent'' in Department of
Defense Directive 5101.1, or any successor directive relating
to the responsibilities of an executive agent of the Department
of Defense.
SEC. 1064. SHARED INFORMATION REGARDING TRAINING EXERCISES.
The Secretary of Defense, acting through Joint Task Force North,
may share with the Department of Homeland Security and the Department
of Justice any data gathered during training exercises.
SEC. 1065. SENSE OF CONGRESS REGARDING PRESIDENTIAL LETTERS OF
CONDOLENCE TO THE FAMILIES OF MEMBERS OF THE ARMED FORCES
WHO HAVE DIED BY SUICIDE.
(a) Findings.--Congress finds that--
(1) suicide is a growing problem in the Armed Forces that
cannot be ignored;
(2) a record number of military suicides was reported in
2008, with 128 active-duty Army and 48 Marine deaths reported;
(3) the number of military suicides during 2009 is expected
to equal or exceed the 2008 total;
(4) long-standing policy prevents President Obama from
sending a condolence letter to the family of a member of the
Armed Forces who has died by suicide;
(5) members of the Armed Forces sacrifice their physical,
mental, and emotional well-being for the freedoms Americans
hold dear;
(6) the military family also bears the cost of defending
the United States, with military spouses and children
sacrificing much and standing ready to provide unending support
to their spouse or parent who is a member of the Armed Forces;
(7) the loss of a member of the Armed Forces to suicide
directly and tragically affects military spouses and children,
as well as the United States;
(8) much more needs to be done to protect and address the
mental health needs of members of the Armed Forces, just as
they serve to protect and defend the freedoms of the United
States;
(9) a presidential letter of condolence is not only about
the deceased because it also serves as a sign of respect for
the grieving family and an acknowledgment of the family for
their personal loss; and
(10) a lack of acknowledgment and condolence from the
President only leaves these families with an emotional vacuum
and a feeling that somehow their sacrifices have been less than
the sacrifices of others.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the current policy that prohibits sending a
presidential letter of condolence to the family of a member of
the Armed Forces who has died by suicide only serves to
perpetuate the stigma of mental illness that pervades the Armed
Forces; and
(2) the President, as Commander-in-Chief, should overturn
the policy and treat all military families equally.
SEC. 1066. FINDINGS AND SENSE OF CONGRESS ON OBESITY AND FEDERAL CHILD
NUTRITION PROGRAMS.
(a) Findings.--Congress find the following:
(1) According to the April 2010 report, ``Too Fat to
Fight'', more than 100 retired generals and admirals wrote
that, ``[o]besity among children and young adults have
increased so dramatically that they threaten not only the
overall health of America but the future strength of our
military.''.
(2) Twenty-seven percent, over 9,000,000, 17-24-year-olds
in the United States are too fat to serve in the military.
(3) Between 1995 and 2008, the military had 140,000
individuals who showed up at the centers for processing but
failed their entrance physicals because they were too heavy.
(4) Being overweight is now the leading medical reason for
rejection from military service.
(5) Between 1995 and 2008, the proportion of potential
recruits who failed their physicals each year because they were
overweight rose nearly 70 percent.
(6) The military annually discharges over 1,200 first-term
enlistees before their contracts are up because of weight
problems.
(7) The military must then recruit and train their
replacements at a cost of $50,000 for each man or woman.
(8) Training replacements for those discharged because of
weight problems adds up to more than $60,000,000 annually.
(9) Overweight adolescents are more likely to become
overweight adults.
(10) Overweight adolescents and overweight adults are at
risk of developing obesity-related, life-threatening diseases
including cancer, type 2 diabetes, stroke, heart disease,
arthritis, and breathing problems.
(11) According to the American Public Health Association,
``left unchecked, obesity will add nearly $344 billion to the
nations annual health care costs by 2018 and account for more
than 21 percent of health care spending''.
(12) Overweight and undernourished adolescents face
academic challenges due to poor health behaviors, resulting in
even greater risk to their future health and earing and the
Nation's economic growth and worldwide competition.
(13) For decades military leaders have championed efforts
to improve the nutrition of young people in America.
(14) During World War II, 40 percent of rejected recruits
were turned away because of poor or under nutrition.
(15) The preamble to the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751) states ``It is hereby declared to be
the policy of Congress, as a measure of national security, to
safeguard the health and well-being of the Nation's children
and to encourage the domestic consumption of nutritious
agricultural commodities and other food, by assisting the
States, through grants in aid and other means, in providing an
adequate supply of food and other facilities for the
establishment, maintenance, operation and expansion of
nonprofit school lunch programs''.
(16) Over 17 million children were food insecure, or
hungry, in 2008, according to data collected by the Department
of Agriculture.
(17) The Federal Child Nutrition Programs under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
are proven to be effective in combating both hunger and
obesity.
(18) President Obama has called for a historic investment
in the Federal Child Nutrition Programs in order to respond to
2 of the greatest child health challenges of our time, hunger
and poor nutrition.
(19) Two hundred twenty-one Members of Congress signed a
letter to Speaker Pelosi in support of President Obama's budget
request for the Federal Child Nutrition Programs.
(20) This same letter requested identification of possible
offsets for the new investments in these important anti-hunger
and nutrition programs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) reducing domestic childhood obesity and hunger is a
matter of national security;
(2) obesity and hunger will continue to negatively impact
recruitment for Armed Forces without access to physical
activity, healthy food, and proper nutrition;
(3) Congress should act to reduce childhood obesity and
hunger;
(4) the Federal Child Nutrition Programs under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
should be funded at the President's request; and
(5) the increases in funding for such programs should be
properly offset.
SEC. 1067. 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.
SEC. 1068. SENSE OF CONGRESS ENCOURAGING THE PRESIDENT TO ORDER THE
UNITED STATES FLAG TO BE FLOWN OVER UNITED STATES
MILITARY AND CIVILIAN OUTPOSTS IN HAITI DURING EARTHQUAKE
RELIEF EFFORTS.
(a) Findings.--Congress finds the following:
(1) On January 12, 2010, the nation of Haiti was hit by a
magnitude 7.0 earthquake, adversely affecting nearly 3,000,000
people.
(2) The United States has provided millions of dollars in
humanitarian assistance to meet immediate needs on the ground
and plans to give more over the next year.
(3) The Armed Forces have diligently worked to aid the
people of Haiti during their time of need, providing
humanitarian aid and logistical support.
(4) The Armed Forces, civilians, and charitable groups have
led the charge in an effort to maintain civility and bring some
small semblance of hope to the devastated nation.
(5) Members of the Armed Forces serve as the premier
ambassadors of liberty, freedom, and goodwill when tasked with
a humanitarian mission.
(6) The generosity of the people of the United States is
known the world over and the United States flag is universally
recognized as a symbol of that generosity.
(7) The United States has provided more aid to the nation
of Haiti than all other nations combined.
(b) Sense of Congress.--The Congress--
(1) commends the Armed Forces for their commitment to
completing their humanitarian mission in Haiti; and
(2) encourages the President to order the United States
flag to be flown over all military and civilian outposts in
Haiti under United States jurisdiction.
SEC. 1069. STUDY ON OPTIMAL BALANCE OF MANNED AND UNMANNED AERIAL
VEHICLE CAPABILITY.
(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 unmanned aerial
vehicle forces 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 (but in
particular the Air Force), an assessment of the feasibility and
desirability of a more rapid transition from manned to unmanned
vehicles 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 unmanned combat drones, including an assessment
of each military department's ability to defend against--
(A) a large enemy force of unmanned aerial
vehicles; and
(B) any other relevant unmanned scenario the
Secretary determines appropriate.
(3) An analysis of--
(A) current and future capabilities of foreign
militaries in developing and deploying unmanned
systems; and
(B) vulnerabilities to drone systems revealed in
past war games and other strategy materials.
(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
unmanned platforms.
(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.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO APPROVE AN
ALTERNATE METHOD OF PROCESSING EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINTS WITHIN ONE OR MORE COMPONENT
ORGANIZATIONS UNDER SPECIFIED CIRCUMSTANCES.
(a) Authority.--The Secretary of Defense may implement within one
or more of the component organizations of the Department of Defense an
alternate program for processing equal employment opportunity
complaints.
(1) Complaints processed under the alternate program shall
be subject to the procedural requirements established for the
alternate program and shall not be subject to the procedural
requirements of part 1614 of title 29 of the Code of Federal
Regulations or other regulations, directives, or regulatory
restrictions prescribed by the Equal Employment Opportunity
Commission.
(2) The alternate program shall include procedures to
reduce processing time and eliminate redundancy with respect to
processes for the resolution of equal employment opportunity
complaints, reinforce local management and chain-of-command
accountability, and provide the parties involved with early
opportunity for resolution.
(3) The Secretary may carry out the alternate program
during a 5-year period beginning on the date of the enactment
of this Act. Not later than 180 days before the expiration of
such period, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate,
a recommendation regarding whether the program should be
extended for an additional period.
(4)(A) Participation in the alternate program shall be
voluntary on the part of the complainant. Complainants who
participate in the alternate program shall retain the right to
appeal a final agency decision to the Equal Employment
Opportunity Commission and to file suit in district court. The
Equal Employment Opportunity Commission shall not reverse a
final agency decision on the grounds that the agency did not
comply with the regulatory requirements promulgated by the
Commission.
(B) Subparagraph (A) shall apply to all cases filed with
the Commission after the date of the enactment of this Act and
under the alternate program established under this subsection.
(C) The Secretary shall consult with the Equal Employment
Commission in the development of the alternate program.
(b) Evaluation Plan.--The Secretary of Defense shall develop an
evaluation plan to accurately and reliably assess the results of each
alternate program implemented under subsection (a), identifying the key
features of the program, including--
(1) well-defined, clear, and measurable objectives;
(2) measures that are directly linked to the program
objectives;
(3) criteria for determining the program performance;
(4) a way to isolate the effects of the alternate program;
(5) a data analysis plan for the evaluation design; and
(6) a detailed plan to ensure that data collection, entry,
and storage are reliable and error-free.
(c) Reports.--The Comptroller General shall submit to the Speaker
of the House of Representatives and the President pro tempore of the
Senate, two reports on the alternate program.
(1) Contents of reports.--Each report shall contain the
following:
(A) A description of the processes tested by the
alternate program.
(B) The results of the testing of such processes.
(C) Recommendations for changes to the processes
for the resolution of equal employment opportunity
complaints as a result of the alternate program.
(D) A comparison of the processes used, and results
obtained, under the alternate program to traditional
and alternative dispute resolution processes used in
the Government or private industry.
(2) Dates of submission.--The first of such reports shall
be submitted at the end of the 2-year period beginning on the
date of the enactment of this Act. The second of such reports
shall be submitted at the end of the 4-year period beginning on
the date of the enactment of this Act.
SEC. 1102. CLARIFICATION OF AUTHORITIES AT PERSONNEL DEMONSTRATION
LABORATORIES.
(a) Clarification of Applicability of Direct Hire Authority.--
Section 1108 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C.
1580 note) is amended--
(1) in subsection (b), by striking ``identified'' and all
that follows and inserting ``designated by section 1105(a) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2486) as a Department of Defense
science and technology reinvention laboratory.''; and
(2) in subsection (c), by striking ``2 percent'' and
inserting ``4 percent''.
(b) Clarification of Applicability of Full Implementation
Requirement.--Section 1107 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat 357; 10 U.S.C. 2358
note) is amended--
(1) in subsection (a), by striking ``that are exempted by''
and all that follows and inserting ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486) as Department of
Defense science and technology reinvention laboratories.''; and
(2) in subsection (c), by striking ``as enumerated in'' and
all that follows and inserting ``designated by section 1105(a)
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat 2486) as a Department of Defense
science and technology reinvention laboratory.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as of October 28, 2009.
SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVERTIME PAY.
(a) In General.--Section 5542(a) of title 5, United States Code, is
amended by adding at the end the following:
``(6)(A) Notwithstanding paragraphs (1) and (2), for an employee
who is described in subparagraph (B), and whose rate of basic pay
exceeds the minimum rate for GS-10, the overtime hourly rate of pay is
an amount equal to one and one-half times the hourly rate of basic pay
of the employee, and all that amount is premium pay.
``(B) This paragraph applies in the case of an employee of the
Department of the Navy--
``(i) who is performing work aboard or in support of the
U.S.S. GEORGE WASHINGTON while that vessel is forward deployed
in Japan; and
``(ii) as to whom the application of this paragraph is
necessary (as determined under regulations prescribed by the
Secretary of the Navy)--
``(I) in order to ensure equal treatment with
employees performing similar work in the United States;
``(II) in order to secure the services of qualified
employees; or
``(III) for such other reasons as may be set forth
in such regulations.''.
(b) Reporting Requirement.--Within 1 year after date of enactment
of this Act, the Secretary of the Navy shall submit to the Secretary of
Defense and the Director of the Office of Personnel Management a report
that addresses the use of paragraph (6) of section 5542(a) of title 5,
United States Code, as added by subsection (a), including associated
costs.
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2011, section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4615), as amended by section 1106(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2487), is amended by striking ``calendar years 2009 and 2010''
and inserting ``calendar years 2011 and 2012''.
SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS.
Section 9903(d) of title 5, United States Code, is amended--
(1) by amending paragraph (2) to read as follows:
``(2) An employee appointed under this section is not eligible for
any bonus, monetary award, or other monetary incentive for service,
except for--
``(A) payments authorized under this section; and
``(B) in the case of an employee who is assigned in support
of a contingency operation (as defined in section 101(a)(13) of
title 10), allowances and any other payments authorized under
chapter 59.''; and
(2) in paragraph (3), by adding at the end the following:
``In computing an employee's total annual compensation for
purposes of the preceding sentence, any payment referred to in
paragraph (2)(B) shall be excluded.''.
SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS.
(a) In General.--Chapter 79 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 7906. Services of post-combat case coordinators
``(a) Definitions.--For purposes of this section--
``(1) the terms `employee', `agency', `injury', `war-risk
hazard', and `hostile force or individual' have the meanings
given those terms in section 8101; and
``(2) the term `qualified employee' means an employee as
described in subsection (b).
``(b) Requirement.--The head of each agency shall, in a manner
consistent with the guidelines prescribed under subsection (c), provide
for the assignment of a post-combat case coordinator in the case of any
employee of such agency who suffers an injury or disability incurred,
or an illness contracted, while in the performance of such employee's
duties, as a result of a war-risk hazard or during or as a result of
capture, detention, or other restraint by a hostile force or
individual.
``(c) Guidelines.--The Office of Personnel Management shall, after
such consultation as the Office considers appropriate, prescribe
guidelines for the operation of this section. Under the guidelines, the
responsibilities of a post-combat case coordinator shall include--
``(1) acting as the main point of contact for qualified
employees seeking administrative guidance or assistance
relating to benefits under chapter 81 or 89;
``(2) assisting qualified employees in the collection of
documentation or other supporting evidence for the expeditious
processing of claims under chapter 81 or 89;
``(3) assisting qualified employees in connection with the
receipt of prescribed medical care and the coordination of
benefits under chapter 81 or 89;
``(4) resolving problems relating to the receipt of
benefits under chapter 81 or 89; and
``(5) ensuring that qualified employees are properly
screened and receive appropriate treatment--
``(A) for post-traumatic stress disorder or other
similar disorder stemming from combat trauma; or
``(B) for suicidal or homicidal thoughts or
behaviors.
``(d) Duration.--The services of a post-combat case coordinator
shall remain available to a qualified employee until--
``(1) such employee accepts or declines a reasonable offer
of employment in a position in the employee's agency for which
the employee is qualified, which is not lower than 2 grades (or
pay levels) below the employee's grade (or pay level) before
the occurrence or onset of the injury, disability, or illness
(as referred to in subsection (a)), and which is within the
employee's commuting area; or
``(2) such employee gives written notice, in such manner as
the employing agency prescribes, that those services are no
longer desired or necessary.''.
(b) Clerical Amendment.--The table of sections for chapter 79 of
title 5, United States Code, is amended by adding after the item
relating to section 7905 the following:
``7906. Services of post-combat case coordinators.''.
SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR CERTAIN
APPOINTMENTS.
Section 3307(e) of title 5, United States Code, is amended--
(1) by striking ``(e) The'' and inserting ``(e)(1) Except
as provided in paragraph (2), the''; and
(2) by adding at the end the following:
``(2)(A) In the case of the conversion of an agency function from
performance by a contractor to performance by an employee of the
agency, the head of the agency may waive any maximum limit of age,
determined or fixed for positions within such agency under paragraph
(1), if necessary in order to promote the recruitment or appointment of
experienced personnel.
``(B) For purposes of this paragraph--
``(i) the term `agency' means the Department of Defense or
a military department; and
``(ii) the term `head of the agency' means the Secretary of
Defense or the Secretary of a military department.''.
SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF RECOVERY OF CERTAIN
PAYMENTS MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY
SEPARATION INCENTIVE PROGRAM.
(a) Congressional Finding.--Congress finds that employees and
former employees of the Department of Defense described in subsection
(c) provided a valuable service to such Department in response to the
national emergency declared in the aftermath of the attacks of
September 11, 2001.
(b) Sense of Congress.--It is the sense of Congress that--
(1) employees and former employees of the Department of
Defense described in subsection (c) deserve to retain or to be
repaid their voluntary separation incentive payment pursuant to
section 9902 of title 5, United States Code;
(2) recovery of the amount of the payment referred to in
section 9902 of title 5, United States Code, would be against
equity and good conscience and contrary to the best interests
of the United States;
(3) the Secretary of Defense should waive the requirement
under subsection (f)(6)(B) of section 9902 of title 5, United
States Code, for repayment to the Department of Defense of a
voluntary separation incentive payment made under subsection
(f)(1) of such section 9902 in the case of an employee or
former employee of the Department of Defense described in
subsection (c); and
(4) a person who has repaid to the United States all or
part of the voluntary separation incentive payment for which
repayment is waived under this section may receive a refund of
the amount previously repaid to the United States.
(c) Persons Covered.--Subsection (a) applies to any employee or
former employee of the Department of Defense who--
(1) during the period beginning on April 1, 2004, and
ending on May 1, 2008, received a voluntary separation
incentive payment under section 9902(f)(1) of title 5, United
States Code;
(2) was reappointed to a position in the Department of
Defense during the period beginning on June 1, 2004, and ending
on May 1, 2008; and
(3) received a written representation from an officer or
employee of the Department of Defense, before accepting the
reappointment referred to in paragraph (2), that recovery of
the amount of the payment referred to in paragraph (1) would
not be required or would be waived, and reasonably relied on
that representation in accepting reappointment.
SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EXTENDED FOR A YEAR.
Section 1114(a) of the National Defense Authorization Act for
Fiscal Year 2010 (10 U.S.C. 1601 note) is amended by striking
``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 1110. FEDERAL INTERNSHIP PROGRAMS.
(a) In General.--Subchapter I of chapter 31 of title 5, United
States Code, is amended by inserting after section 3111 the following:
``Sec. 3111a. Federal internship programs
``(a) Internship Coordinator.--The head of each agency operating an
internship program shall appoint an individual within such agency to
serve as an internship coordinator.
``(b) Online Information.--
``(1) Agencies.--The head of each agency operating an
internship program shall make publicly available on the
Internet--
``(A) the name and contact information of the
internship coordinator for such program; and
``(B) information regarding application procedures
and deadlines for such internship program.
``(2) Office of personnel management.--The Office of
Personnel Management shall make publicly available on the
Internet links to the websites where the information described
in paragraph (1) is displayed.
``(c) Centralized Database.--The Office shall establish and
maintain a centralized electronic database that contains the names,
contact information, and relevant skills of individuals who have
completed or are nearing completion of an internship program and are
currently seeking full-time Federal employment.
``(d) Exit Interview Requirement.--The agency operating an
internship program shall conduct an exit interview of each intern that
completes such program.
``(e) Report.--
``(1) In general.--The head of each agency operating an
internship program shall annually submit to the Office a report
assessing such internship program.
``(2) Contents.--Each report required under paragraph (1)
for an agency shall include, for the 1-year period ending on
September 1 of the year in which the report is submitted--
``(A) the number of interns that participated in an
internship program at such agency;
``(B) information regarding the demographic
characteristics of interns at such agency, including
educational background;
``(C) a description of the steps taken by such
agency to increase the percentage of interns who are
offered permanent Federal jobs and the percentage of
interns who accept the offers of such jobs, and any
barriers encountered;
``(D) a description of activities engaged in by
such agency to recruit new interns, including locations
and methods;
``(E) a description of the diversity of work roles
offered within internship programs at such agency;
``(F) a description of the mentorship portion of
such internship programs; and
``(G) a summary of exit interviews conducted by
such agency upon completion of an internship program by
an intern.
``(3) Submission.--Each report required under paragraph (1)
shall be submitted to the Office between September 1 and
September 30 of each year. Not later than December 30 of each
year, the Office shall submit to Congress a report summarizing
the information submitted to the Office in accordance with
paragraph (1) for such year.
``(f) Definitions.--For purposes of this section--
``(1) the term `internship program' means--
``(A) a volunteer service program under section
3111(b); and
``(B) the Student Educational Employment Program
established under section 213.3202 of title 5, Code of
Federal Regulations, as in effect on January 1, 2009;
``(2) the term `intern' means an individual serving in an
internship program.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 5, United States Code, is amended by inserting after the item
relating to section 3111 the following:
``3111a. Federal internship programs.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
(a) In General.--Section 1208(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as most recently amended by section 1202(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2511), is further amended by striking ``$40,000,000''
and inserting ``$50,000,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2010.
SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED LOGISTICS
INTEROPERABILITY AUTHORITY.
(a) Enhanced Interoperability Authority.--Subsection (a) of section
127d of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to'';
(2) by inserting ``of the United States'' after ``armed
forces'';
(3) by striking the second sentence; and
(4) by adding at the end the following new paragraphs:
``(2) In addition to any logistic support, supplies, and services
provided under paragraph (1), the Secretary may provide logistic
support, supplies, and services to allied forces solely for the purpose
of enhancing the interoperability of the logistical support systems of
military forces participating in combined operations with the United
States in order to facilitate such operations. Such logistic support,
supplies, and services may also be provided under this paragraph to a
nonmilitary logistics, security, or similar agency of an allied
government if such provision would directly benefit the armed forces of
the United States.
``(3) Provision of support, supplies, and services pursuant to
paragraph (1) or (2) may be made only with the concurrence of the
Secretary of State.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (a)'' in
paragraphs (1) and (2) and inserting ``subsection (a)(1)''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2), the'' and inserting ``The''; and
(ii) by striking ``this section'' and
inserting ``subsection (a)(1)''; and
(B) in paragraph (2), by striking ``In addition''
and all that follows through ``fiscal year,'' and
inserting ``The value of the logistic support,
supplies, and services provided under subsection (a)(2)
in any fiscal year may not''.
SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Annual Funding Limitation.--Subsection (c)(1) of section 1206
of the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3456), as amended by section 1206(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4625), is further amended by striking
``$350,000,000'' and inserting ``$500,000,000''.
(b) Temporary Limitation on Amount for Building Capacity to
Participate in or Support Military and Stability Operations.--
(1) In general.--Subsection (c)(5) of such section is
amended--
(A) by striking ``and not more than'' and inserting
``not more than''; and
(B) by inserting after ``fiscal year 2011'' the
following: ``, and not more than $100,000,000 may be
used during fiscal year 2012''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2010, and shall apply with
respect to programs under subsection (a) of such section that
begin on or after that date.
(c) Temporary Authority to Build the Capacity of Yemen's Counter-
terrorism Forces.--Such section is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Temporary Authority to Build the Capacity of Yemen's Counter-
terrorism Forces.--
``(1) Authority of secretary of state.--
``(A) In general.--Of the funds made available
under subsection (c) for the authority of subsection
(a) for fiscal year 2011, the Secretary of Defense
shall transfer to the Secretary of State $75,000,000 of
such funds for purposes of providing assistance under
section 23 of the Arms Export Control Act (22 U.S.C.
2763) to build the capacity of the counter-terrorism
forces of the Yemeni Ministry of Interior.
``(B) Certification.--The Secretary of Defense may
transfer funds pursuant to subparagraph (A) only if,
not later than July 31, 2011, the Secretary of State
certifies to the Secretary of Defense and the
congressional committees specified in subsection (e)(3)
that the Secretary of State is able to effectively
carry out the purpose of subparagraph (A).
``(C) Availability of funds.--Amounts available
under this paragraph for the authority of subparagraph
(A) for fiscal year 2011 may be used to conduct or
support a program or programs under that authority that
begin in fiscal year 2011 but end in fiscal year 2012.
``(2) Authority of secretary of defense.--If a
certification described in paragraph (1)(B) is not made by July
31, 2011, the Secretary of Defense may, with the concurrence of
the Secretary of State, use up to $75,000,000 of the funds made
available under subsection (c) for the authority of subsection
(a) for fiscal year 2011 to conduct or support a program or
programs under the authority of subsection (a) to build the
capacity of the counter-terrorism forces of the Yemeni Ministry
of Interior.
``(3) Congressional notification.--
``(A) By secretary of state.--The Secretary of
State shall notify the congressional committees
specified in subsection (e)(3) whenever the Secretary
of State makes a certification under paragraph (1)(B)
for purposes of exercising the authority of paragraph
(1).
``(B) By secretary of defense.--The Secretary of
Defense shall notify the congressional committees
specified in subsection (e)(3) whenever the Secretary
of Defense exercises the authority of paragraph (2) to
support or conduct a program or programs described in
paragraph (2).
``(C) Contents.--A notification under subparagraph
(A) or (B) shall include a description of the program
or programs to be conducted or supported under the
authority of this subsection.''.
(d) One-year Extension of Authority.--Subsection (h) of such
section, as most recently amended by section 1206(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4625) and redesignated by subsection (c) of this
section, is further amended by--
(1) by striking ``September 30, 2011'' and inserting
``September 30, 2012''; and
(2) by striking ``fiscal years 2006 through 2011'' and
inserting ``fiscal years 2006 through 2012''.
SEC. 1204. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE NATIONS TO
PARTICIPATE IN THE EURO-NATO JOINT JET PILOT TRAINING
PROGRAM.
(a) Establishment of Scholarship Program.--The Secretary of the Air
Force shall establish and maintain a demonstration scholarship program
to allow personnel of the air forces of countries that are signatories
of the Partnership for Peace Framework Document to receive
undergraduate pilot training and necessary related training through the
Euro-NATO Joint Jet Pilot Training (ENJJPT) program. The Secretary of
the Air Force shall establish the program pursuant to regulations
prescribed by the Secretary of Defense in consultation with the
Secretary of State.
(b) Transportation, Supplies, and Allowance.--Under such conditions
as the Secretary of the Air Force may prescribe, the Secretary may
provide to a person receiving a scholarship under the scholarship
program--
(1) transportation incident to the training received under
the ENJJPT program;
(2) supplies and equipment to be used during the training;
(3) flight clothing and other special clothing required for
the training;
(4) billeting, food, and health services; and
(5) a living allowance at a rate to be prescribed by the
Secretary, taking into account the amount of living allowances
authorized for a member of the armed forces under similar
circumstances.
(c) Relation to Euro-NATO Joint Jet Pilot Training Program.--
(1) ENJJPT steering committee authority.--Nothing in this
section shall be construed or interpreted to supersede the
authority of the ENJJPT Steering Committee under the ENJJPT
Memorandum of Understanding. Pursuant to the ENJJPT Memorandum
of Understanding, the ENJJPT Steering Committee may resolve to
forbid any airman or airmen from a Partnership for Peace nation
to participate in the Euro-NATO Joint Jet Pilot Training
program under the authority of a scholarship under this
section.
(2) No representation.--Countries whose air force personnel
receive scholarships under the scholarship program shall not
have privilege of ENJJPT Steering Committee representation.
(d) Limitation on Eligible Countries.--The Secretary of the Air
Force may not use the authority in subsection (a) to provide assistance
described in subsection (b) to any foreign country that is otherwise
prohibited from receiving such type of assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision
of law.
(e) Cost-sharing.--For purposes of ENJJPT cost-sharing, personnel
of an air force of a foreign country who receive a scholarship under
the scholarship program may be counted as United States pilots.
(f) Progress Report.--Not later than February 1, 2015, the
Secretary of the Air Force shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report on the status of the demonstration program, including the
opinion of the Secretary and NATO allies on the benefits of the program
and whether or not to permanently authorize the program or extend the
program beyond fiscal year 2015. The report shall specify the
following:
(1) The countries participating in the scholarship program.
(2) The total number of foreign pilots who received
scholarships under the scholarship program.
(3) The amount expended on scholarships under the
scholarship program.
(4) The source of funding for scholarships under the
scholarship program.
(g) Duration.--No scholarship may be awarded under the scholarship
program after September 30, 2015.
(h) Funding Source.--Amounts to award scholarships under the
scholarship program shall be derived from amounts authorized to be
appropriated for operation and maintenance for the Air Force.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
SEC. 1212. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority for Fiscal Year 2011.--During fiscal year 2011, from
funds made available to the Department of Defense for operation and
maintenance for such fiscal year--
(1) not to exceed $100,000,000 may be used by the Secretary
of Defense in such fiscal year to provide funds for the
Commanders' Emergency Response Program in Iraq; and
(2) not to exceed $800,000,000 may be used by the Secretary
of Defense in such fiscal year to provide funds for the
Commanders' Emergency Response Program in Afghanistan.
(b) Quarterly Reports.--
(1) In general.--Not later than 30 days after the end of
each fiscal-year quarter of fiscal year 2011, the Secretary of
Defense shall submit to the congressional defense committees a
report regarding the Commanders' Emergency Response Program.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) The allocation and use of funds under the
Commanders' Emergency Response Program or any other
provision of law making funding available for the
Commanders' Emergency Response Program during the
fiscal-year quarter.
(B) The dates of obligation and expenditure of such
funds during the fiscal-year quarter.
(C) A description of each project for which amounts
in excess of $500,000 were obligated or expended during
the fiscal-year quarter.
(D) The dates of obligation and expenditure of
funds under the Commanders' Emergency Response Program
or any other provision of law making funding available
for the Commanders' Emergency Response Program for each
of fiscal years 2004 through 2010.
(3) Matters to be included with respect to commanders'
emergency response program in iraq.--The report required under
paragraph (1) shall include the following with respect to the
Commanders' Emergency Response Program in Iraq:
(A) A written statement by the Secretary of
Defense, or the Deputy Secretary of Defense if the
authority under subsection (f) is delegated to the
Deputy Secretary of Defense, affirming that the
certification required under subsection (f) was issued
for each project for which amounts in excess of
$1,000,000 were obligated or expended during the
fiscal-year quarter.
(B) For each project listed in subparagraph (A),
the following information:
(i) A description and justification for
carrying out the project.
(ii) A description of the extent of
involvement by the Government of Iraq in the
project, including--
(I) the amount of funds provided by
the Government of Iraq for the project;
and
(II) a description of the plan for
the transition of such project upon
completion to the people of Iraq and
for the sustainment of any completed
facilities, including any commitments
by the Government of Iraq to sustain
projects requiring the support of the
Government of Iraq for sustainment.
(iii) A description of the current status
of the project, including, where appropriate,
the projected completion date.
(C) A description of the status of transitioning
activities to the Government of Iraq, including--
(i) the level of funding provided and
expended by the Government of Iraq in programs
designed to meet urgent humanitarian relief and
reconstruction requirements that immediately
assist the Iraqi people; and
(ii) a description of the progress made in
transitioning the responsibility for the Sons
of Iraq Program to the Government of Iraq.
(c) Submission of Guidance.--
(1) Initial submission.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a copy of
the guidance issued by the Secretary to the Armed Forces
concerning the allocation of funds through the Commanders'
Emergency Response Program.
(2) Modifications.--If the guidance in effect for the
purpose stated in paragraph (1) is modified, the Secretary
shall submit to the congressional defense committees a copy of
the modification not later than 15 days after the date on which
the Secretary makes the modification.
(d) Waiver Authority.--For purposes of exercising the authority
provided by this section or any other provision of law making funding
available for the Commanders' Emergency Response Program, the Secretary
of Defense may waive any provision of law not contained in this section
that would (but for the waiver) prohibit, restrict, limit, or otherwise
constrain the exercise of that authority.
(e) Prohibition on Certain Projects Under Commanders' Emergency
Response Program in Iraq.--
(1) Prohibition.--Except as provided in paragraph (2),
funds made available under this section for the Commanders'
Emergency Response Program in Iraq may not be obligated or
expended to carry out any project if the total amount of such
funds made available for the purpose of carrying out the
project exceeds $2,000,000.
(2) Exception.--The prohibition contained in paragraph (1)
shall not apply with respect to funds managed or controlled by
the Department of Defense that were otherwise provided by
another department or agency of the United States Government,
the Government of Iraq, the government of a foreign country, a
foundation or other charitable organization (including a
foundation or charitable organization that is organized or
operates under the laws of a foreign country), or any source in
the private sector of the United States or a foreign country.
(3) Waiver.--The Secretary of Defense may waive the
prohibition contained in paragraph (1) if the Secretary--
(A) determines that such a waiver is required to
meet urgent humanitarian relief and reconstruction
requirements that will immediately assist the Iraqi
people; and
(B) submits in writing, within 15 days of issuing
such waiver, to the congressional defense committees a
notification of the waiver, together with a discussion
of--
(i) the unmet and urgent needs to be
addressed by the project; and
(ii) any arrangements between the
Government of the United States and the
Government of Iraq regarding the provision of
Iraqi funds for carrying out and sustaining the
project.
(f) Certification of Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--
(1) Certification.--Funds made available under this section
for the Commanders' Emergency Response Program in Iraq may not
be obligated or expended to carry out any project if the total
amount of such funds made available for the purpose of carrying
out the project exceeds $1,000,000 unless the Secretary of
Defense certifies that the project addresses urgent
humanitarian relief and reconstruction requirements that will
immediately assist the Iraqi people.
(2) Delegation.--The Secretary may delegate the authority
under paragraph (1) to the Deputy Secretary of Defense.
(g) Definitions.--In this section--
(1) the term ``Commanders' Emergency Response Program''
means--
(A) with respect to Iraq, the program established
by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States
military commanders in Iraq to respond to urgent
humanitarian relief and reconstruction requirements
within their areas of responsibility by carrying out
programs that will immediately assist the Iraqi people;
and
(B) with respect to Afghanistan, the program
established for Afghanistan for purposes similar to the
program established for Iraq, as described in
subparagraph (A);
(2) the term ``Commanders' Emergency Response Program in
Iraq'' means the program described in paragraph (1)(A); and
(3) the term ``Commanders' Emergency Response Program in
Afghanistan'' means the program described in paragraph (1)(B).
SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT TO CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 393), as amended by section 1223 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2519), is further amended--
(1) in the matter preceding paragraph (1), by striking
``2010'' and inserting ``2011''; and
(2) by adding at the end the following:
``(3) Logistical and military support provided by that
nation to confront the threat posed by al'Qaida, the Taliban,
and other militant extremists in Pakistan.''.
(b) Limitation on Amount.--Subsection (d)(1) of such section is
amended by striking ``2010'' and inserting ``2011''.
SEC. 1214. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED
STATES ARMED FORCES FROM IRAQ.
(a) Report Required.--Subsection (a) of section 1227 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2525; 50 U.S.C. 1541 note) is amended--
(1) by striking ``December 31, 2009'' and inserting
``December 31, 2010''; and
(2) by striking ``90 days thereafter'' and inserting ``180
days thereafter''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (5), by striking ``Multi-National Force-
Iraq'' each place it occurs and inserting ``United States
Forces-Iraq''; and
(2) by adding at the end the following:
``(6) An assessment of progress to transfer responsibility
of programs, projects, and activities carried out in Iraq by
the Department of Defense to other United States Government
departments and agencies, international or nongovernmental
entities, or the Government of Iraq. The assessment should
include a description of the numbers and categories of
programs, projects, and activities for which such other
entities have taken responsibility or which have been
discontinued by the Department of Defense. The assessment
should also include a discussion of any difficulties or
barriers in transitioning such programs, projects, and
activities and what, if any, solutions have been developed to
address such difficulties or barriers.
``(7) An assessment of progress toward the goal of
establishing those minimum essential capabilities determined by
the Secretary of Defense as necessary to allow the Government
of Iraq to provide for its own internal and external defense,
including a description of--
``(A) such capabilities both extant and remaining
to be developed;
``(B) major military equipment necessary to achieve
such capabilities;
``(C) the level and type of support provided by the
United States to address shortfalls in such
capabilities; and
``(D) the level of commitment, both financial and
political, made by the Government of Iraq to develop
such capabilities, including a discussion of resources
used by the Government of Iraq to develop capabilities
that the Secretary determines are not minimum essential
capabilities for purposes of this paragraph.
``(8) An assessment of the anticipated level and type of
support to be provided by United States special operations
forces to the Government of Iraq and Iraqi special operations
forces during the redeployment of United States conventional
forces from Iraq. The assessment should include a listing of
anticipated organic support, organic combat service support,
and additional critical enabling asset requirements for United
States special operations forces and Iraqi special operations
forces, to include engineers, rotary aircraft, logisticians,
communications assets, information support specialists,
forensic analysts, and intelligence, surveillance, and
reconnaissance assets needed through December 31, 2011.''.
(c) Secretary of State Comments.--Such section is further amended
by striking subsection (c) and inserting the following:
``(c) Secretary of State Comments.--Prior to submitting the report
required under subsection (a), the Secretary of Defense shall provide a
copy of the report to the Secretary of State for review. At the request
of the Secretary of State, the Secretary of Defense shall include an
appendix to the report which contains any comments or additional
information that the Secretary of State requests.''.
(d) Form.--Subsection (d) of such section is amended by striking
``, whether or not included in another report on Iraq submitted to
Congress by the Secretary of Defense,''.
(e) Termination.--Such section is further amended by adding at the
end the following:
``(f) Termination.--The requirement to submit the report required
under subsection (a) shall terminate on September 30, 2012.''.
(f) Repeal of Other Reporting Requirements.--The following
provisions of law are hereby repealed:
(1) Section 1227 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465; 50
U.S.C. 1541 note) (as amended by section 1223 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 373)).
(2) Section 1225 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 375).
SEC. 1215. MODIFICATION OF REPORTS RELATING TO AFGHANISTAN.
(a) Report on Progress Toward Security and Stability in
Afghanistan.--
(1) Report required.--Subsection (a) of section 1230 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 385), as amended by section 1236 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2535), is further amended by striking
``2011'' and inserting ``2012''.
(2) Matters to be included: strategic direction of united
states activities relating to security and stability in
afghanistan.--Subsection (c) of such section is amended by
adding at the end the following:
``(8) Conditions necessary for achievement of progress.--A
discussion of the conditions and criteria that would need to
exist in key districts and across Afghanistan to--
``(A) meet United States and coalition goals in
Afghanistan and the region;
``(B) permit the transition of lead security
responsibility in key districts to the Government of
Afghanistan; and
``(C) permit the redeployment of United States
Armed Forces and coalition forces from Afghanistan.''.
(3) Matters to be included: performance indicators and
measures of progress toward sustainable long-term security and
stability in afghanistan.--Subsection (d) of such section is
amended by adding at the end the following:
``(3) Conditions necessary for achievement of progress.--
With respect to each performance indicator and measure of
progress specified in paragraph (2) (A) through (L), the report
shall include a description of the conditions that would need
to exist in Afghanistan for the Secretary of Defense to
conclude that such indicator or measure of progress has been
achieved.''.
(b) United States Plan for Sustaining the Afghanistan National
Security Forces.--Section 1231(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 390) is amended
by striking ``2010'' and inserting ``2012''.
SEC. 1216. NO PERMANENT MILITARY BASES IN AFGHANISTAN.
None of the funds authorized to be appropriated by this Act may be
obligated or expended by the United States Government to establish any
military installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in Afghanistan.
SEC. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN
AFGHANISTAN.
(a) Authority.--If a certification described in subsection (b) is
made in accordance with such subsection, the Secretary of Defense may
utilize not more than $50,000,000 from funds made available to the
Department of Defense for operations and maintenance for fiscal year
2011 to support in those areas of Afghanistan specified in the
certification the reintegration into Afghan society of those
individuals who--
(1) have ceased all support to the insurgency in
Afghanistan;
(2) have agreed to live in accordance with the Constitution
of Afghanistan;
(3) have renounced violence against the Government of
Afghanistan and its international partners; and
(4) do not have material ties to al Qaeda or affiliated
transnational terrorist organizations.
(b) Certification.--A certification described in this subsection is
a certification made by the Secretary of State, in coordination with
the Administrator of United States Agency for International
Development, to the appropriate congressional committees stating that
it is necessary for the Department of Defense to carry out a program of
reintegration in areas of Afghanistan that are specified by the
Secretary of State in the certification. Such certification shall
include--
(1) a statement that such program is necessary to support
the goals of the United States in Afghanistan; and
(2) a certification that the Department of State and the
United States Agency for International Development are unable
to carry out a similar program of reintegration in the areas
specified by the Secretary of State because of the security
environment of such areas or for other reasons.
(c) Submission of Guidance.--
(1) Initial submission.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense,
with the concurrence of the Secretary of State, shall submit to
the appropriate congressional committees a copy of the guidance
issued by the Secretary or the Secretary's designee concerning
the allocation of funds utilizing the authority of subsection
(a). Such guidance shall include--
(A) mechanisms for coordination with the Government
of Afghanistan and other United States Government
departments and agencies as appropriate;
(B) mechanisms to track the status of those
individuals described in subsection (a); and
(C) metrics to monitor and evaluate the impact of
funds used pursuant to subsection (a).
(2) Modifications.--If the guidance in effect for the
purpose stated in paragraph (1) is modified, the Secretary of
Defense, with the concurrence of the Secretary of State, shall
submit to the appropriate congressional committees a copy of
the modification not later than 15 days after the date on which
such modification is made.
(d) Quarterly Reports.--The Secretary of Defense shall submit to
the appropriate congressional committees a report on activities carried
out utilizing the authority of subsection (a).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representative and the Committee on Foreign Relations of the
Senate.
(f) Expiration.--The authority to utilize funds under subsection
(a) shall expire at the close of December 31, 2011.
SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTERINSURGENCY FUND.
Section 1224(h) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2521) is amended by
striking ``September 30, 2010'' both places it appears and inserting
``September 30, 2011''.
SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUPPORT TO COALITION
FORCES SUPPORTING MILITARY AND STABILITY OPERATIONS IN
IRAQ AND AFGHANISTAN.
(a) Authority.--Notwithstanding section 127d(c) of title 10, United
States Code, up to $400,000,000 of the funds available to the
Department of Defense by section 1509 of this Act may be used to
provide supplies, services, transportation, including airlift and
sealift, and other logistical support to coalition forces supporting
military and stability operations in Iraq and Afghanistan.
(b) Quarterly Reports.--The Secretary of Defense shall submit
quarterly reports to the congressional defense committees regarding
support provided under this section.
SEC. 1220. REQUIREMENT TO PROVIDE UNITED STATES BRIGADE AND EQUIVALENT
UNITS DEPLOYED TO AFGHANISTAN WITH THE COMMENSURATE LEVEL
OF UNIT AND THEATER-WIDE COMBAT ENABLERS.
(a) Statement of Policy.--It is the policy of the United States to
provide each United States brigade and equivalent units deployed to
Afghanistan with the commensurate level of unit and theater-wide combat
enablers to--
(1) implement the United States strategy to disrupt,
dismantle, and defeat al Qaeda, the Taliban, and their
affiliated networks and eliminate their safe haven;
(2) achieve the military campaign plan;
(3) minimize the level risk to United States, coalition,
and Afghan forces; and
(4) reduce the number of military and civilian casualties.
(b) Requirement.--In order to achieve the policy expressed in
subsection (a), the Secretary of Defense shall provide each United
States brigade and equivalent units deployed to Afghanistan with the
commensurate level of unit and theater-wide combat enablers.
(c) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing--
(1) a description of United States Forces-Afghanistan
requests for forces for fiscal years 2008, 2009, and 2010;
(2) a description of the current troop-to-task analysis and
resource requirements;
(3) the number of United States brigade and equivalent
units deployed to Afghanistan;
(4) the number of United States unit and theater-wide
combat enablers deployed to Afghanistan, including at a
minimum, a breakdown of--
(A) Intelligence, Surveillance, and Reconnaissance
(ISR);
(B) force protection, including force protection at
each United States Forward Operating Base (FOB); and
(C) medical evacuation (MEDEVAC); and
(5) an assessment of the risk to United States, coalition,
and Afghan forces based on a lack of combat enablers.
(d) Combat Enablers Defined.--In this section, the term ``combat
enablers'' includes--
(1) Intelligence, Surveillance, and Reconnaissance (ISR);
(2) force protection, including force protection at each
United States Forward Operating Base (FOB);
(3) medical evacuation (MEDEVAC); and
(4) any other combat enablers as determined by the
Secretary of Defense.
SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR ELECTIONS IN
AFGHANISTAN.
(a) Limitation.--No funds authorized to be appropriated by this Act
may be made available to support the holding of elections in
Afghanistan unless and until the President submits a certification
described in subsection (b) to the congressional officials specified in
subsection (c).
(b) Certification Described.--A certification described in this
subsection is certification in writing that contains a determination of
the President of the following:
(1) The Afghanistan Independent Election Commission has the
professional capacity, personnel, skills, independence, and
legal authority to conduct and oversee free, fair, and honest
elections.
(2) The Afghanistan Independent Election Commission, to the
extent possible, has been purged of all members and staff who
committed or were otherwise participants in any fraud of the
2009 presidential elections, including covering up the
electoral fraud or otherwise were negligent in investigating
allegations of electoral fraud.
(3) The Afghan Electoral Complaints Commission is a
genuinely independent body with all the authorities that were
invested in it under Afghanistan law as of December 31, 2009,
and with no members appointed by President Hamid Karzai.
(c) Congressional Officials Specified.--The congressional officials
specified in this subsection are the following:
(1) The Speaker and minority leader of the House of
Representatives.
(2) The majority leader and minority leader of the Senate.
(3) The Chairman and ranking member of the Committee on
Armed Services and the Chairman and ranking member of the
Committee on Foreign Affairs of the House of Representatives.
(4) The Chairman and ranking member of the Committee on
Armed Services and the Chairman and ranking member of the
Committee on Foreign Relations of the Senate.
SEC. 1222. 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
that have a record of engaging in waste, fraud, or abuse;
(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--
(1) recommendations for reducing the reliance of the United
States on--
(A) military and security contractors or
subcontractors engaged in activities relating to
Afghanistan that have been responsible responsible for
the deaths of Afghan civilians; and
(B) Afghan militias or other armed groups that are
not part of the Afghan National Security Forces; and
(2) recommendations for prohibiting the Department of
Defense, the Department of State, or the United States Agency
for International Development from entering into contracts with
contractors engaged in activities relating to Afghanistan that
have a record of engaging in waste, fraud, or abuse.
SEC. 1223. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM.
(a) Findings.--Congress finds the following:
(1) The United States has been engaged in military
operations in Afghanistan since October 2001 and in military
operations in Iraq since March 2003.
(2) According to the Congressional Research Service,
through fiscal year 2009, Congress has appropriated
$944,000,000,000 for the Department of Defense, the Department
of State, and for medical costs paid by the Department of
Veterans Affairs. This amount includes $683,000,000,000 for
Iraq and $227,000,000,000 for Afghanistan.
(3) Over 90 percent of Department of Defense funds for
operations in Iraq and Afghanistan have been provided as
emergency funds in supplemental or additional appropriations.
(4) The Congressional Budget Office and the Congressional
Research Service have stated that future war costs are
difficult to estimate because the Department of Defense
provides little information on costs incurred to date, does not
report outlays or actual expenditures for war because war and
baseline funds are mixed in the same accounts, and because of a
lack of information from the Department of Defense on many of
the key factors that determine costs, including personnel
levels or the pace of operations.
(5) Over 2 million United States troops have served in Iraq
and Afghanistan since the beginning of the conflicts.
(6) Over 4,400 United States troops and Department of
Defense civilian personnel have been killed in Operation Iraqi
Freedom and over 1,060 United States troops and Department of
Defense civilian personnel have been killed in Operation
Enduring Freedom.
(7) Over 1,340 service members have suffered amputations as
a result of their service in Iraq and Afghanistan.
(8) More than 243,685 Iraq and Afghanistan veterans have
been treated for mental health conditions, more than 129,654
Iraq and Afghanistan veterans have been diagnosed with Post-
Traumatic Stress Disorder, and approximately 30,000 have a
confirmed Traumatic Brain Injury diagnosis.
(9) Approximately 46 percent of Iraq and Afghanistan
veterans have sought treatment at Department of Veterans
Affairs hospitals and clinics.
(10) The Independent Review Group on Rehabilitative Care
and Administrative Processes at Walter Reed Army Medical Center
and National Naval Medical Center identified Traumatic Brain
Injury, Post-Traumatic Stress Disorder, increased survival of
severe burns, and traumatic amputations as the four signature
wounds of the current conflicts.
(11) The Independent Review Group report also states that
the recovery process ``can take months or years and must
accommodate recurring or delayed manifestations of symptoms,
extended rehabilitation and all the life complications that
emerge over time from such trauma''.
(b) Report Requirement; Scenarios.--Not later than the date on
which the budget of the United States Government is submitted under
section 1105(a) of title 31, United States Code, for fiscal year 2012,
the President, with contributions from the Secretary of Defense, the
Secretary of State, and the Secretary of the Department of Veterans
Affairs, shall submit a report to Congress containing an estimate of
the long-term costs of Operation Iraqi Freedom and Operation Enduring
Freedom. The report shall contain estimates for the following
scenarios:
(1) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom is
reduced from current levels to approximately 150,000 by the end
of fiscal year 2011, 65,000 by the end of fiscal year 2012, and
30,000 by the end of fiscal year 2013, and remains at that
level through fiscal year 2020.
(2) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom is
increased from current levels to approximately 235,000 by the
end of fiscal year 2010, is reduced to 230,000 by the end of
fiscal year 2011, is reduced to 195,000 by the end of fiscal
year 2012, is reduced to 135,000 by the end of fiscal year
2013, is reduced to 80,000 by the end of fiscal year 2014, is
reduced to 60,000 by the end of fiscal year 2015, and remains
at that level through fiscal year 2020.
(3) An alternative scenario, defined by the President and
based on current war and withdrawal plans, which takes into
account expected troop levels and the expected length of time
that troops will be deployed in support of Operation Iraqi
Freedom and Operation Enduring Freedom.
(c) Special Considerations.--The estimates required for each
scenario shall make projections through at least fiscal year 2020,
shall be adjusted appropriately for inflation, shall be based on
historical trends, and to the maximum extent practicable shall take
into account and specify the following:
(1) The total number of troops expected to be activated and
deployed to Iraq and Afghanistan during the course of Operation
Iraqi Freedom and Operation Enduring Freedom. This number shall
include all troops deployed in the region in support of
Operation Iraqi Freedom and Operation Enduring Freedom and
activated reservists in the United States who are training,
backfilling for deployed troops, or supporting other Department
of Defense missions directly or indirectly related to Operation
Iraqi Freedom and Operation Enduring Freedom. This number shall
also break down activations and deployments of Active Duty,
Reservists, and National Guard troops.
(2) The number of troops, including National Guard and
Reserve troops, who have served and who are expected to serve
multiple deployments.
(3) The number of contractors and private military security
firms that have been utilized and are expected to be utilized
during the course of the conflicts in Iraq and Afghanistan.
(4) The number of veterans currently suffering and expected
to suffer from Post-Traumatic Stress Disorder, Traumatic Brain
Injury, or other mental injuries.
(5) The number of veterans currently in need of and
expected to be in need of prosthetic care and treatment because
of amputations incurred during Operation Iraqi Freedom and
Operation Enduring Freedom.
(6) The current number of pending Department of Veterans
Affairs claims from Iraq and Afghanistan veterans, and the
total number of Iraq and Afghanistan veterans expected to seek
disability compensation benefits from the Department of
Veterans Affairs.
(7) The total number of troops who have been killed and
wounded in Iraq and Afghanistan to date, including noncombat
casualties, the total number of troops expected to suffer
injuries in Iraq and Afghanistan, and the total number of
troops expected to be killed in Iraq and Afghanistan, including
noncombat casualties.
(8) Funding already appropriated for the Department of
Defense, the Department of State, and the Department of
Veterans Affairs for costs related to the wars in Iraq and
Afghanistan. This shall include an account of the amount of
funding from regular Department of Defense, Department of
State, and Department of Veterans Affairs budgets that has gone
and will go to Iraq and Afghanistan.
(9) Current and future operational expenditures, including
funding for combat operations; deploying, transporting,
feeding, and housing troops (including fuel costs); deployment
of National Guard and Reserve troops; the equipping and
training of Iraqi and Afghani forces; purchasing, upgrading,
and repairing weapons, munitions and other equipment; and
payments to other countries for logistical assistance.
(10) Past, current, and future cost of government
contractors and private military security firms.
(11) Average annual cost for each troop and combat brigade
deployed in support of Operation Iraqi Freedom and Operation
Enduring Freedom, including room and board, equipment and body
armor, transportation of troops and equipment (including fuel
costs), and operational costs.
(12) Current and future cost of combat-related special pays
and benefits, including reenlistment bonuses.
(13) Current and future cost of activating National Guard
and Reserve forces and paying them on a full-time basis.
(14) Current and future cost for reconstruction, embassy
operations and construction, and foreign aid programs for Iraq
and Afghanistan.
(15) Current and future cost of bases and other
infrastructure to support United States troops in Iraq and
Afghanistan.
(16) Current and future cost of providing healthcare for
returning veterans. This estimate shall include the cost of
mental health treatment for veterans suffering from Post-
Traumatic Stress Disorder and Traumatic Brain Injury, and other
mental problems as a result of their service in Operation Iraqi
Freedom and Operation Enduring Freedom. This estimate shall
also include the cost of lifetime prosthetics care and
treatment for veterans suffering from amputations as a result
of their service in Operation Iraqi Freedom and Operation
Enduring Freedom.
(17) Current and future cost of providing Department of
Veterans Affairs disability benefits for lifetime of veterans.
(18) Current and future cost of providing survivors'
benefits to survivors of service members.
(19) Cost of bringing troops and equipment home at the end
of the wars, including cost of demobilizing troops,
transporting troops home (including fuel costs), providing
transition services from active duty to veteran status,
transporting equipment, weapons, and munitions (including fuel
costs), and an estimate of the value of equipment which will be
left behind.
(20) Cost to restore the military and military equipment,
including the National Guard and National Guard equipment, to
full strength after the wars.
(21) Cost of the administration's plan to permanently
increase the Army and Marine Corps by 92,000.
(22) Amount of money borrowed to pay for the wars in Iraq
and Afghanistan, and the sources of that money.
(23) Interest on borrowed money, including interest for
money already borrowed and anticipated interest payments on
future borrowing for the war in Iraq and the war in Afghanistan
to the extent all spending associated with the war in Iraq and
the war in Afghanistan have been and will be financed with
borrowed money.
Subtitle C--Other Matters
SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.
Section 1244(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is amended--
(1) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011''; and
(2) by striking ``$30,000,000'' and inserting
``$50,000,000''.
SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO COUNTER IRAN.
(a) National Military Strategic Plan Required.--The Secretary of
Defense shall develop a strategic plan, to be known as the ``National
Military Strategic Plan to Counter Iran''. The strategic plan shall--
(1) outline the Department of Defense's strategic planning
and provide strategic guidance for military activities and
operations that support the United States policy objective of
countering threats posed by Iran;
(2) identify the direct and indirect military contribution
to this policy objective, and constitute the comprehensive
military plan to counter threats posed by Iran;
(3) undertake a review of the intelligence in the
possession of the Department of Defense to develop a list of
gaps in intelligence that limit the ability of the Department
of Defense to counter threats emanating from Iran that the
Secretary considers to be critical;
(4) shall develop a plan to address those gaps identified
in the review under paragraph (3); and
(5) undertake a review of the plans of the Department of
Defense to counter threats to the United States, its forces,
allies, and interests from Iran, including--
(A) plans for both conflict and peace;
(B) contributions of the Department of Defense to
the efforts of other agencies of the United States
Government to counter or address the threat emanating
from Iran; and
(C) any gaps in the plans, capabilities and
authorities of the Department.
(b) Plan.--In addition to the plan required under subsection (a),
the Secretary of Defense shall develop a plan to address those gaps
identified in the review required in subsection (a)(5). The plan shall
guide the planning and actions of the relevant combatant commands, the
military departments, and combat support agencies that the Secretary of
Defense determines have a role in countering threats posed by Iran.
(c) Report to Congress.--
(1) In general.--Not later than the date on which the
President submits to Congress the budget for a fiscal year
under section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to the congressional defense
committees a report identifying and justifying any resources,
capabilities, legislative authorities, or changes to current
law the Secretary believes are necessary to carry out the plan
required under subsection (b) to address the gaps identified in
the strategic plan required in subsection (a).
(2) Form.--The report required in paragraph (1) shall be in
unclassified form, but may include a classified annex.
SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM THE EXPORT
CONTROL SYSTEM.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the Department of
Defense's plans to reform the Department's export control system.
(b) Matters to Be Included.--The report required under subsection
(a) shall include--
(1) a description of the plans of the Department of Defense
to implement Presidential Study Directive 8; and
(2) an assessment of the extent to which the plans to
reform the export control system will--
(A) impact the Defense Technology Security
Administration of the Department of Defense;
(B) affect the role of the Department of Defense
with respect to export control policy; and
(C) ensure greater protection and monitoring of key
defense items and technologies.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST THREATS
POSED BY THE ADVANCED ANTI-ACCESS CAPABILITIES OF
POTENTIALLY HOSTILE FOREIGN COUNTRIES.
(a) Congressional Finding.--Congress finds that the report of the
2010 Department of Defense Quadrennial Defense Review finds that
``Anti-access strategies seek to deny outside countries the ability to
project power into a region, thereby allowing aggression or other
destabilizing actions to be conducted by the anti-access power. Without
dominant capabilities to project power, the integrity of U.S. alliances
and security partnerships could be called into question, reducing U.S.
security and influence and increasing the possibility of conflict.''.
(b) Sense of Congress.--It is the sense of Congress that, in light
of the finding in subsection (a), the Secretary of Defense should
ensure that the United States has the appropriate authorities,
capabilities, and force structure to defend against any threats posed
by the advanced anti-access capabilities of potentially hostile foreign
countries.
(c) Report.--Not later than April 1, 2011, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on United States efforts to defend
against any threats posed by the advanced anti-access capabilities of
potentially hostile foreign countries.
(d) Matters to Be Included.--The report required under subsection
(c) shall include the following:
(1) An assessment of any threats posed by the advanced
anti-access capabilities of potentially hostile foreign
countries, including an identification of the foreign countries
with such capabilities, the nature of such capabilities, and
the possible advances in such capabilities over the next 10
years.
(2) A description of any efforts by the Department of
Defense since the release of the 2010 Quadrennial Defense
Review to address the finding in subsection (a).
(3) A description of the authorities, capabilities, and
force structure that the United States may require over the
next 10 years to address the finding in subsection (a).
(e) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(f) Modification of Other Reports.--
(1) Concerning the people's republic of china.--Section
1202(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113
note), as most recently amended by section 1246 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2544), is further amended--
(A) by redesignating paragraphs (10) through (12)
as paragraphs (11) through (13), respectively; and
(B) by inserting after paragraph (9) the following:
``(10) Developments in China's anti-access and area denial
capabilities.''.
(2) Concerning iran.--Section 1245(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2542) is amended by adding at the end the
following:
``(5) A description and assessment of Iran's anti-access
and area denial strategy and capabilities.''.
SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN COMPOSITION AND
CAPABILITIES AT MILITARY INSTALLATIONS IN EUROPE.
(a) Report Required.--Not later than 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 evaluating potential changes in the composition and
capabilities of units of the United States Armed Forces at military
installations in European member nations of the North Atlantic Treaty
Organization--
(1) to satisfy the commitments undertaken by United States
pursuant to Article 5 of the North Atlantic Treaty, signed at
Washington, District of Columbia, on April 4, 1949, and entered
into force on August 24, 1949 (63 Stat. 2241; TIAS 1964);
(2) to address the current security environment in Europe,
including United States participation in theater cooperation
activities; and
(3) to contribute to peace and stability in Europe.
(b) Matters to Be Considered.--As part of the report, the Secretary
of Defense shall consider--
(1) the stationing of advisory and assist brigades at
military installations in Europe;
(2) the expanded use of Joint Task Forces to train and
build mutual capabilities with partner countries; and
(3) the stationing of units of the United States Armed
Forces to support missile defense and cyber-security missions.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND NEW START TREATY
WITH RUSSIAN FEDERATION.
(a) Findings.--Congress finds the following:
(1) The United States and the Russian Federation signed the
Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms (commonly known as the ``New START
Treaty'') on April 8, 2010.
(2) The preamble of the New START Treaty states,
``Recognizing the existence of the interrelationship between
strategic offensive arms and strategic defensive arms, that
this interrelationship will become more important as strategic
nuclear arms are reduced, and that current strategic defensive
arms do not undermine the viability and effectiveness of the
strategic offensive arms of the Parties.''.
(3) Officials of the United States have stated that the New
START Treaty does not constrain the missile defenses of the
United States and according to the New START Treaty U.S.
Congressional Briefing Book of April, 2010, released by the
Department of State and the Department of Defense, ``The United
States will continue to invest in improvements to both
strategic and theater missile defenses, both qualitatively and
quantitatively, as needed for our security and the security of
our allies.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) as stated by officials of the United States, there
would be no limitations on any phase of the phased, adaptive
approach to missile defense in Europe resulting from
ratification of the New START treaty between the United States
and Russia, signed on 8 April 2010;
(2) the United States should deploy the phased, adaptive
approach for missile defense in Europe to protect the United
States, its deployed forces, and NATO allies, after appropriate
testing and consistent with NATO policy; and
(3) the ground-based midcourse defense system in Alaska and
California should be maintained, evolved, and appropriately
tested because it is the only missile defense capability as of
the date of the enactment of this Act that would protect the
United States from the growing threat of a long-range ballistic
missile attack.
SEC. 1237. REPORT ON THE STRATEGIC IMPLICATIONS OF THE SUCCESSFUL
NEGOTIATION OF AN INCIDENTS AT SEA AGREEMENT BETWEEN THE
UNITED STATES AND THE GOVERNMENT OF IRAN.
(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 evaluating naval security in the Persian Gulf and
the Strait of Hormuz.
(b) Matters to Be Included.--The report required under subsection
(a) shall include an assessment of the strategic benefits of the
successful negotiation of a multilateral or bilateral Incidents at Sea
military-to-military agreement including the United States and the
Government of Iran aimed at defusing tension and preventing accidental
naval conflict in the Persian Gulf and the Strait of Hormuz. Such an
assessment should consider and evaluate the effect that such an
agreement might have on commercial, military, and other naval traffic
in the region, as well as other United States regional strategic
interests.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1238. 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. 1239. 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.); or
(B) to enter the United States as a special
immigrant under section 1244 of such Act.
(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.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
(b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2011 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2011, 2012, and 2013.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $522,512,000 authorized
to be appropriated to the Department of Defense for fiscal year 2011 in
section 301(20) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,732,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia,
$9,614,000.
(4) For nuclear weapons transportation security in Russia,
$45,000,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$79,821,000.
(6) For biological threat reduction in the former Soviet
Union, $209,034,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For Global Nuclear Lockdown, $74,471,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $23,040,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2011 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2011 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2011 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $160,965,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,273,571,000.
SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES.
(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
with appropriate expertise in revolving fund financial management to
carry out a study to determine a sufficient operational level of cash
that each revolving fund of the Department of Defense should maintain
in order to sustain a single rate or price throughout the fiscal year.
(b) Contents of Study.--In carrying out a study pursuant to a
contract entered into under subsection (a), the federally funded
research and development center shall--
(1) qualitatively analyze the operational requirements and
inherent risks associated with maintaining a specific level of
cash within each revolving fund of the Department;
(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 striking ``or used'' and
inserting ``used, or developed through continuous technology
refreshment''; and
(2) in subsection (k)(2), by striking ``$100,000'' and
inserting ``$250,000''.
SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON
RESERVATION MAINTENANCE REVOLVING FUND.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall transfer $77,000,000 from the
unobligated balances of the Pentagon Reservation Maintenance Revolving
Fund established under section 2674(e) of title 10, United States Code,
to the Miscellaneous Receipts Fund of the United States Treasury.
SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for the fiscal year
2011 for the National Defense Sealift Fund in the amount of
$934,866,000.
SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2011
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,467,307,000, of
which--
(1) $1,067,364,000 is for Operation and Maintenance;
(2) $392,811,000 is for Research, Development, Test, and
Evaluation; and
(3) $7,132,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $1,131,351,000.
SEC. 1408. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $283,354,000, of which--
(1) $282,354,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
SEC. 1409. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $30,991,952,000,
of which--
(1) $29,947,792,000 is for Operation and Maintenance;
(2) $524,239,000 is for Research, Development, Test, and
Evaluation; and
(3) $519,921,000 is for Procurement.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2011, the
National Defense Stockpile Manager may obligate up to $41,181,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
Section 3402(b)(5) of the National Defense Authorization Act for
Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended by
section 1412(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is amended by striking
``$710,000,000'' and inserting ``$730,000,000''.
Subtitle C--Other Matters
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is authorized to be appropriated for fiscal year 2011 from
the Armed Forces Retirement Home Trust Fund the sum of $71,200,000 for
the operation of the Armed Forces Retirement Home.
SEC. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE SUSTAINMENT,
RESTORATION, AND MODERNIZATION REQUIREMENTS.
Not later than the date on which the President submits to Congress
the budget for fiscal year 2012 pursuant to section 1105 of title 31,
United States Code, the Director of the Defense Logistics Agency shall
submit to the congressional defense committees a report on the fuel
infrastructure of the Department of Defense. Such report shall include
projections for fuel infrastructure sustainment, restoration, and
modernization requirements, and a plan for funding such requirements.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2011 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $1,373,803,000.
(2) For missile procurement, $343,828,000.
(3) For weapons and tracked combat vehicles procurement,
$687,500,000.
(4) For ammunition procurement, $652,491,000.
(5) For other procurement, $5,865,446,000.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2011 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $3,464,368,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by section
1503 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the
funds appropriated pursuant to the authorization of appropriations in
subsection (a) and made available to the Department of Defense for the
Joint Improvised Explosive Device Defeat Fund.
(c) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2011, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Navy and Marine Corps in amounts as
follows:
(1) For aircraft procurement, Navy, $843,358,000.
(2) For weapons procurement, Navy, $93,425,000.
(3) For ammunition procurement, Navy and Marine Corps,
$565,084,000.
(4) For other procurement, Navy, $480,735,000.
(5) For procurement, Marine Corps, $1,854,243,000.
SEC. 1505. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Air Force in amounts as follows:
(1) For aircraft procurement, $1,096,520,000.
(2) For ammunition procurement, $292,959,000.
(3) For missile procurement, $56,621,000.
(4) For other procurement, $3,087,481,000.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the procurement account for Defense-wide activities in the amount
of $1,376,046,000.
SEC. 1507. IRON DOME SHORT-RANGE ROCKET DEFENSE PROGRAM.
Of the funds authorized to be appropriated by section 1506 for the
procurement account for Defense-wide activities, the Secretary of
Defense may provide up to $205,000,000 to the government of Israel for
the procurement of the Iron Dome defense system to counter short-range
rocket threats.
SEC. 1508. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $700,000,000.
SEC. 1509. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of
$3,415,000,000.
SEC. 1510. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $112,734,000.
(2) For the Navy, $60,401,000.
(3) For the Air Force, $266,241,000.
(4) For Defense-wide activities, $657,240,000.
SEC. 1511. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $62,202,618,000.
(2) For the Navy, $8,946,634,000.
(3) For the Marine Corps, $4,136,522,000.
(4) For the Air Force, $13,487,283,000
(5) For Defense-wide activities, $9,426,358,000.
(6) For the Army Reserve, $286,950,000.
(7) For the Navy Reserve, $93,559,000.
(8) For the Marine Corps Reserve, $29,685,000.
(9) For the Air Force Reserve, $129,607,000.
(10) For the Army National Guard, $544,349,000.
(11) For the Air National Guard, $350,823,000.
(12) For the Afghanistan Security Forces Fund,
$10,964,983,000.
(13) For the Iraq Security Forces Fund, $2,000,000,000.
(14) For the Overseas Contingency Operations Transfer Fund,
$506,781,000.
SEC. 1512. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY
FORCES FUND.
Funds appropriated pursuant to the authorization of appropriations
for the Afghanistan Security Forces Fund in section 1511(12) shall be
subject to the conditions contained in subsections (b) through (g) of
section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1513. LIMITATIONS ON IRAQ SECURITY FORCES FUND.
(a) Application of Existing Limitations.--Subject to subsection
(b), funds made available to the Department of Defense for the Iraq
Security Forces Fund for fiscal year 2011 shall be subject to the
conditions contained in subsections (b) through (g) of section 1512 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 426).
(b) Cost-share Requirement.--
(1) Requirement.--If funds made available to the Department
of Defense for the Iraq Security Forces Fund for fiscal year
2011 are used for the purchase of any item or service for Iraq
Security Forces, the funds may not cover more than 80 percent
of the cost of the item or service.
(2) Exception.--Paragraph (1) does not apply to any item
that the Secretary of Defense determines--
(A) is an item of significant military equipment
(as such term is defined in section 47(9) of the Arms
Export Control Act (22 U.S.C. 2794(9))); or
(B) is included on the United States Munitions
List, as designated pursuant to section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 1514. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2011
to the Department of Defense for military personnel accounts in the
total amount of $15,275,502,000.
SEC. 1515. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in the amount of $485,384,000.
SEC. 1516. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Defense Health Program in the amount of $1,398,092,000 for
operation and maintenance.
SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in
the amount of $457,110,000.
SEC. 1518. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense in the amount of $10,529,000.
SEC. 1519. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS
FOR CERTAIN FACILITIES PROJECTS IN IRAQ.
Section 1508(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4651) shall
apply to funds authorized to be appropriated by this title.
SEC. 1520. AVAILABILITY OF FUNDS FOR RAPID FORCE PROTECTION IN
AFGHANISTAN.
(a) Availability of Funds.--Of the funds authorized to be
appropriated by section 1511(5) for operation and maintenance for
Defense-wide activities, the Secretary of Defense may obligate up to
$200,000,000 during fiscal year 2011 to address urgent force protection
requirements facing United States military forces in Afghanistan, as
identified by the Commander of United States Forces-Afghanistan.
(b) Use of Rapid Acquisition Authority.--To carry out this section,
the Secretary of Defense shall utilize the rapid acquisition authority
available to the Secretary.
(c) Use of Transfer Authority.--To carry out this section, the
Secretary of Defense may utilize the transfer authority provided by
section 1522, subject to the limitation in subsection (a)(2) of such
section on the total amount of authorizations that may be transferred.
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2011 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this section
may not exceed $3,500,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
SEC. 1523. REPORT ON MINE RESISTANT AMBUSH PROTECTED VEHICLES.
(a) Report.--Not later than 120 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 procurement of mine
resistant ambush protected vehicles.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An evaluation of potential cost benefits and
manufacturing efficiencies with respect to mine resistant
ambush protected vehicles.
(2) An evaluation of the advisability and feasibility of
sustained low-level production of mine resistant ambush
protected vehicles across the industrial base as part of a
long-term sustainment fleet integration strategy.
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM AND OTHER DEFINITIONS.
(a) Sexual Assault Prevention and Response Program Defined.--In
this title, the term ``sexual assault prevention and response program''
refers to Department of Defense policies and programs, including
policies and programs of a specific military department or Armed Force,
that are intended to reduce the number of sexual assaults involving
members of the Armed Forces and improve the response of the department
to reports of sexual assaults involving members of the Armed Forces,
whether members of the Armed Forces are the victim, alleged assailant,
or both.
(b) Other Definitions.--In this title:
(1) The term ``Armed Forces'' means the Army, Navy, Air
Force, and Marine Corps.
(2) The term ``department'' has the meaning given that term
in section 101(a)(6) of title 10, United States Code.
(3) The term ``military installation'' has the meaning
given that term by the Secretary concerned.
(4) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to
matters concerning the Army;
(B) the Secretary of the Navy, with respect to
matters concerning the Navy and the Marine Corps; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Air Force.
Subtitle A--Immediate Actions to Improve Department of Defense Sexual
Assault Prevention and Response Program
SEC. 1611. SPECIFIC BUDGETING FOR DEPARTMENT OF DEFENSE SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.
Effective with the Program Objective Memorandum to be issued for
fiscal year 2012 and thereafter and containing recommended programming
and resource allocations for the Department of Defense, the Secretary
of Defense shall specifically address the Department of Defense sexual
assault prevention and response program to ensure that a separate line
of funding is allocated to the program.
SEC. 1612. CONSISTENCY IN TERMINOLOGY, POSITION DESCRIPTIONS, PROGRAM
STANDARDS, AND ORGANIZATIONAL STRUCTURES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall require the use
of consistent terminology, position descriptions, minimum program
standards, and organizational structures throughout the Armed Forces in
implementing the Department of Defense sexual assault prevention and
response program.
(b) Recognizing Operational Differences.--In complying with
subsection (a), the Secretary of Defense shall take into account the
responsibilities of the Secretary concerned and operational needs of
the Armed Force involved.
SEC. 1613. GUIDANCE FOR COMMANDERS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of each military department shall issue guidance to all
military unit commanders that implementation of the Department of
Defense sexual assault prevention and response program requires their
leadership and is their responsibility.
SEC. 1614. COMMANDER CONSULTATION WITH VICTIMS OF SEXUAL ASSAULT.
Before making a decision regarding how to proceed under the Uniform
Code of Military Justice in the case of an alleged sexual assault or
other offense covered by section 920 of title 10, United States Code
(article 120), the commanding officer shall offer to meet with the
victim of the offense to determine the opinion of the victim regarding
case disposition and provide that information to the convening
authority.
SEC. 1615. OVERSIGHT AND EVALUATION.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Defense shall--
(1) issue standards to be used to assess and evaluate the
effectiveness of the sexual assault prevention and response
program of each Armed Force in reducing the number of sexual
assaults involving members of the Armed Forces and in improving
the response of the department to reports of sexual assaults
involving members of the Armed Forces, whether members of the
Armed Forces are the victim, alleged assailant, or both; and
(2) develop measures to ensure that the Armed Forces comply
with those standards.
SEC. 1616. SEXUAL ASSAULT REPORTING HOTLINE.
(a) Availability of Hotline.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish a universal hotline to facilitate the reporting of a sexual
assault--
(1) by a member of the Armed Forces, whether serving in the
United States or overseas, who is a victim of a sexual assault;
or
(2) by any other person who is a victim of a sexual assault
involving a member of the Armed Forces.
(b) Prompt Response.--The Secretary of Defense shall ensure that a
Sexual Assault Response Coordinator serving in the locality of the
victim promptly responds to the reporting of a sexual assault using the
hotline. The Secretary of Defense shall define appropriate localities
for purposes of this subsection.
SEC. 1617. REVIEW OF APPLICATION OF SEXUAL ASSAULT PREVENTION AND
RESPONSE PROGRAM TO RESERVE COMPONENTS.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the application of the
sexual assault prevention and response program for the reserve
components.
(b) Contents.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) The ability of members of the reserve components to
access the services available under the sexual assault
prevention and response program, including policies and
programs of a specific military department or Armed Force.
(2) The quality of training provided to Sexual Assault
Response Coordinators and Sexual Assault Victim Advocates in
the reserve components.
(3) The degree to which the services available for regular
and reserve members under the sexual assault prevention and
response program are integrated.
(4) Such recommendations as the Secretary of Defense
considers appropriate on how to improve the services available
for reserve members under the sexual assault prevention and
response program and their access to the services.
SEC. 1618. REVIEW OF EFFECTIVENESS OF REVISED UNIFORM CODE OF MILITARY
JUSTICE OFFENSES REGARDING RAPE, SEXUAL ASSAULT, AND
OTHER SEXUAL MISCONDUCT.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the effectiveness of section 920 of title 10, United States
Code (article 120 of the Uniform Code of Military Justice), as amended
by section 552 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3256). The Secretary shall use
a panel of military justice experts to conduct the review.
(b) Submission of Results.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall submit the
results of the review to the congressional defense committees.
SEC. 1619. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.
(a) Sexual Assault Prevention and Response Training and
Education.--
(1) Development of curricula.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of each
military department shall develop curricula to provide sexual
assault prevention and response training and education for
members of the Armed Forces under the jurisdiction of the
Secretary and civilian employees of the military department to
strengthen individual knowledge, skills, and capacity to
prevent and respond to sexual assault.
(2) Scope of training and education.--The sexual assault
prevention and response training and education shall encompass
initial entry and accession programs, annual refresher
training, professional military education, peer education, and
specialized leadership training. Training shall be tailored for
specific leadership levels and local area requirements.
(3) Consistent training.--The Secretary of Defense shall
ensure that the sexual assault prevention and response training
provided to members of the Armed Forces and Department of
Defense civilian employees is consistent throughout the
military departments.
(b) Inclusion in Professional Military Education.--The Secretary of
Defense shall provide for the inclusion of a sexual assault prevention
and response training module at each level of professional military
education. The training shall be tailored to the new responsibilities
and leadership requirements of members of the Armed Forces as they are
promoted.
(c) Inclusion in First Responder Training.--
(1) In general.--The Secretary of Defense shall direct that
managers of specialty skills associated with first responders
described in paragraph (2) integrate sexual assault response
training in initial and recurring training courses.
(2) Covered first responders.--First responders referred to
in paragraph (1) include firefighters, emergency medical
technicians, law enforcement officers, military criminal
investigators, healthcare personnel, judge advocates, and
chaplains.
SEC. 1620. USE OF SEXUAL ASSAULT FORENSIC MEDICAL EXAMINERS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Defense shall provide for the use of forensic medical
examiners within the Department of Defense who are specially trained
regarding the collection and preservation of evidence in cases
involving sexual assault.
SEC. 1621. SEXUAL ASSAULT ADVISORY BOARD.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall establish a
Sexual Assault Advisory Board, to be modeled after other Defense
advisory boards, such as the Defense Business Board, the Defense Policy
Board, or the Defense Science Board.
(b) Purpose.--The purpose of the Sexual Assault Advisory Board is--
(1) to advise the Secretary of Defense on the overall
Department of Defense sexual assault prevention and response
program and its comprehensive prevention strategy and on the
effectiveness of the sexual assault prevention and response
program of each Armed Force; and
(2) to make recommendations regarding changes and
improvements to the sexual assault prevention and response
program.
(c) Relation to Sexual Assault Prevention and Response Office.--The
Sexual Assault Advisory Board is not intended to replace the organic
capabilities that must reside in the Sexual Assault Prevention and
Response Office, but to ensure that best practices from both the
civilian and military community perspective are incorporated into the
design, development, and performance of the sexual assault prevention
and response program.
(d) Organization and Membership.--The Sexual Assault Advisory Board
shall be chaired by the Undersecretary of Defense for Personnel and
Readiness. The Sexual Assault Advisory Board shall include experts on
criminal law and sexual assault prevention, response, and training who
are not members of the Armed Forces or civilian employees of the
Department of Defense and include representatives from other Federal
agencies.
(e) Frequency of Meetings.--The Sexual Assault Advisory Board shall
meet not less frequently than biannually.
SEC. 1622. DEPARTMENT OF DEFENSE SEXUAL ASSAULT ADVISORY COUNCIL.
(a) Reorganization.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall reorganize the
Sexual Assault Advisory Council and limit membership on the Sexual
Assault Advisory Council to Department of Defense personnel.
(b) Purpose.--The purpose of the Sexual Assault Advisory Council
is--
(1) to oversee the Department's overall sexual assault
prevention and response Program and its comprehensive
prevention strategy;
(2) to ensure accountability of the sexual assault
prevention and response program of each Armed Force;
(3) to make recommendations regarding changes and
improvements to the sexual assault prevention and response
program; and
(4) to identify cross-cutting issues and solutions in the
area of sexual assault.
(c) Organization and Membership.--The Sexual Assault Advisory
Council shall be chaired by the Deputy Secretary of Defense or the
designee of the Deputy Secretary. Members shall include, at a minimum,
the following:
(1) Principals or deputies from every office within the
Office of the Secretary of Defense with responsibilities
involving the sexual assault prevention and response program.
(2) The Assistant Secretary of each of the military
departments with responsibility for the sexual assault
prevention and response program.
(3) The Vice Chief of Staff of the Army, the Vice Chief of
Naval Operations, the Vice Chief of Staff of the Air Force, and
the Assistant Commandant of the Marine Corps.
(4) A general or flag officer from the staff of each
officer specified in paragraph (3) who has responsibility for
the sexual assault prevention and response program.
(5) A general officer from the National Guard Bureau.
(d) Frequency of Meetings.--The Sexual Assault Advisory Council
shall meet not less frequently than once each calendar-year quarter.
(e) Service-level Sexual Assault Advisory Councils.--The Secretary
of a military department shall establish a sexual assault advisory
council, comparable to the Sexual Assault Advisory Council required by
subsection (a), for each Armed Force under the jurisdiction of the
Secretary.
SEC. 1623. SERVICE-LEVEL SEXUAL ASSAULT REVIEW BOARDS.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of a military department shall
establish for each military installation or operational command under
the jurisdiction of the Secretary a multi-disciplinary group to serve
as a sexual assault review board.
(b) Membership.--The chair of a sexual assault review board shall
be the senior commander, senior deputy commander, or chief of staff.
Other members should include the Sexual Assault Response Coordinator,
command legal representative or staff judge advocate, command chaplain,
and representation of senior commanders or supervisors from the
Military Criminal Investigative Organizations, military law
enforcement, medical, alcohol and substance abuse office, and the
safety office.
(c) Responsibilities.--A sexual assault review board shall be
responsible for, at a minimum, addressing safety issues, developing
prevention strategies, analyzing response processes, community impact
and overall trends, and identifying training issues. These functions
should be flexible to accommodate the resources available at different
installations and operational commands.
(d) Frequency of Meetings.--A sexual assault review board shall
meet not less frequently than once each calendar-year quarter.
SEC. 1624. RENEWED EMPHASIS ON ACQUISITION OF CENTRALIZED DEPARTMENT OF
DEFENSE SEXUAL ASSAULT DATABASE.
(a) New Deadline for Acquisition.--Notwithstanding subsection (c)
of section 563 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4470), the
Secretary of Defense shall complete implementation of the centralized
sexual assault database required by subsection (a) of such section not
later than September 30, 2011.
(b) Acquisition Process.--To meet the deadline imposed by
subsection (a), acquisition best practices associated with successfully
acquiring and deploying information technology systems related to the
database, such as economically justifying the proposed system solution
and effectively developing and managing requirements, shall be
completed as soon as possible.
Subtitle B--Sexual Assault Prevention Strategy and Annual Reporting
Requirement
SEC. 1631. COMPREHENSIVE DEPARTMENT OF DEFENSE SEXUAL ASSAULT
PREVENTION STRATEGY.
(a) Strategy Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a comprehensive strategy to reduce the
number of sexual assaults involving members of the Armed Forces,
whether members of the Armed Forces are the victim, alleged assailant,
or both. All activities and programs of a specific military department
or Armed Force related to preventing sexual assault must align with and
support the overall comprehensive strategy.
(b) Coordination With Other Requirements.--In developing the
comprehensive strategy under subsection (a), the Secretary of Defense
shall incorporate and build upon--
(1) the new requirements imposed by this subtitle;
(2) the policies and procedure developed under section 577
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 113 note); and
(3) the prevention and response plan developed under
section 567(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2313).
(c) Implementation of Strategy.--Not later than 6 months after the
submission of the comprehensive strategy prepared under subsection (a),
the Secretary of Defense shall complete implementation of the
comprehensive strategy throughout the Department of Defense.
(d) Sexual Assault Prevention Evaluation Plan.--
(1) Plan required.--The Secretary of Defense shall develop
and implement an evaluation plan for assessing the
effectiveness of the comprehensive strategy prepared under
subsection (a) its intended outcomes at the Department of
Defense and individual Armed Force levels.
(2) Commander role.--As a component of the evaluation plan,
the commander of each military installation and the commander
of each unified or specified combatant command shall assess the
adequacy of measures undertaken at facilities under the
authority of the commander to ensure the safest and most secure
living and working environments with regard to preventing
sexual assault.
(3) Submission of results.--The results of assessments
conducted under the evaluation plan shall be included in the
annual report required by section 1632, beginning with the
report required to be submitted in calendar year 2012.
SEC. 1632. ANNUAL REPORT ON SEXUAL ASSAULTS INVOLVING MEMBERS OF THE
ARMED FORCES AND SEXUAL ASSAULT PREVENTION AND RESPONSE
PROGRAM.
(a) Annual Report on Sexual Assaults.--Not later than January 15 of
each year, the Secretary of each military department shall submit to
the Secretary of Defense a report on the sexual assaults involving
members of the Armed Forces under the jurisdiction of that Secretary
during the preceding year. In the case of the Secretary of the Navy,
separate reports shall be prepared for the Navy and for the Marine
Corps.
(b) Contents.--The report of a Secretary of a military department
on an Armed Force under subsection (a) shall contain the following:
(1) The number of sexual assaults committed against members
of the Armed Force that were reported to military officials
during the year covered by the report, and the number of the
cases so reported that were founded.
(2) The number of sexual assaults committed by members of
the Armed Force that were reported to military officials during
the year covered by the report, and the number of the cases so
reported that were founded. The information required by this
paragraph shall not be combined with the information required
by paragraph (1).
(3) A synopsis of each such founded case, organized by
offense, and, for each such case, the disciplinary action taken
in the case, including the type of disciplinary or
administrative sanction imposed, if any.
(4) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by the report
in response to incidents of sexual assault involving members of
the Armed Force concerned.
(5) The number of founded sexual assault cases in which the
victim is a deployed member of the Armed Forces and the
assailant is a foreign national, and the policies, procedures,
and processes implemented by the Secretary concerned to monitor
the investigative process and disposition of such cases and to
eliminate any gaps in investigating and adjudicating such
cases.
(6) A description of the implementation during the year
covered by the report of the tracking system implemented
pursuant to section 596(a) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10
U.S.C. 113 note), including information collected on cases
during that year in which care to a victim of rape or sexual
assault was hindered by the lack of availability of a rape kit
or other needed supplies or by the lack of timely access to
appropriate laboratory testing resources.
(7) A description of the implementation during the year
covered by the report of the accessibility plan implemented
pursuant to section 596(b) of such Act, including a description
of the steps taken during that year to provide that trained
personnel, appropriate supplies, and transportation resources
are accessible to deployed units in order to provide an
appropriate and timely response in any case of reported sexual
assault in a deployed unit.
(8) A description of the required supply inventory,
location, accessibility, and availability of supplies, trained
personnel, and transportation resources needed, and in fact in
place, in order to be able to provide an appropriate and timely
response in any case of reported sexual assault in a deployed
unit.
(9) A plan for the actions that are to be taken in the year
following the year covered by such report on reducing the
number of sexual assaults involving members of the Armed Forces
concerned and improving the response to sexual assaults
involving members of the Armed Forces concerned.
(10) The results of the most recent biennial gender-
relations survey of an adequate sample of members to evaluate
and improve the sexual assault prevention and response program.
(c) Verification.--The Office of the Judge Advocate General of an
Armed Force (or, in the case of the Marine Corps, the Office of the
Staff Judge Advocate to the Commandant of the Marine Corps) shall
verify the accuracy of the information required by paragraphs (1), (2),
(3), and (5) of subsection (b), including courts-martial data.
(d) Consistent Definition of Founded.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of Defense shall
establish a consistent definition of ``founded'' for purposes of
paragraphs (1), (2), (3), and (5) of subsection (b) and require that
military criminal investigative organizations only provide synopses for
those cases for the preparation of reports under this section.
(e) Assessment Component.--Each report under subsection (a) shall
include an assessment by the Secretary concerned of the implementation
during the preceding fiscal year of the sexual assault prevention and
response program in order to determine the effectiveness of the program
during such fiscal year in providing an appropriate response to sexual
assaults involving members of the Armed Forces.
(f) Submission to Congress.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives each report prepared under subsection (a), together
with the comments of the Secretary of Defense on the report. The
Secretary of Defense shall submit each such report not later than March
15 of the year following the year covered by the report.
(g) Repeal of Superseded Reporting Requirement.--Section 577 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 113 note) is amended by striking
subsection (f).
Subtitle C--Amendments to Title 10
SEC. 1641. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.
(a) Appointment of Director; Duties.--Chapter 4 of title 10, United
States Code, as amended by section 902, is amended by inserting after
section 139 the following new section:
``Sec. 139a. Director of Sexual Assault Prevention and Response Office
``(a) Appointment.--There is a Director of the Sexual Assault
Prevention and Response Office who shall be a general or flag officer
or an employee of the Department of Defense in a comparable Senior
Executive Service position.
``(b) Duties.--The Director of the Sexual Assault Prevention and
Response Office serves as the single point of authority,
accountability, and oversight for the Department of Defense sexual
assault prevention and response program and provides oversight to
ensure that the military departments comply with the program.
``(c) Role of Inspectors General.--The Inspector General of the
Department of Defense, the Inspector General of the Army, the Naval
Inspector General, and the Inspector General of the Air Force shall
include sexual assault prevention and response programs within the
scope of their assessments. The Inspector General teams shall include
at least one member with expertise and knowledge of sexual assault
prevention and response policies related to a specific armed force.
``(d) Definitions.--In this section:
``(1) The term `armed forces' means the Army, Navy, Air
Force, and Marine Corps.
``(2) The term `sexual assault prevention and response
program' refers to Department of Defense policies and programs,
including policies and programs of a specific military
department or the that are intended to reduce the number of
sexual assaults involving members of the armed forces and
improve the response of the department to reports of sexual
assaults involving members of the armed forces, whether members
of the armed forces are the victim, alleged assailant, or
both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
139 the following new item:
``139a. Director of Sexual Assault Prevention and Response Office.''.
SEC. 1642. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT
VICTIM ADVOCATES.
(a) Assignment and Training.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault
Response Coordinators and Victim Advocates
``(a) Assignment of Coordinators.--(1) At least one full-time
Sexual Assault Response Coordinator shall be assigned to each brigade
or equivalent or higher unit level of the armed forces. The Secretary
of the military department concerned may assign additional Sexual
Assault Response Coordinators as necessary based on the demographics or
needs of the unit. The additional Sexual Assault Response Coordinator
may serve on a full-time or part-time basis at the discretion of the
Secretary.
``(2) Effective October 1, 2013, only members of the armed forces
and civilian employees of the Department of Defense may be assigned to
duty as a Sexual Assault Response Coordinator. After that date,
contractor employees may serve as a Sexual Assault Response Coordinator
only on a temporary basis, as determined by the Secretary of Defense.
``(b) Assignment of Victim Advocates.--(1) At least one full-time
Sexual Assault Victim Advocate shall be assigned to each brigade or
equivalent or higher unit level of the armed forces. The Secretary of
the military department concerned may assign additional Victim
Advocates as necessary based on the demographics or needs of the unit.
The additional Victim Advocates may serve on a full-time or part-time
basis at the discretion of the Secretary.
``(2) Only members of the armed forces and civilian employees of
the Department of Defense may be assigned to duty as a Victim Advocate.
Contractor employees may serve as a Victim Advocate only on a temporary
basis, as determined by the Secretary of Defense.
``(c) Deployable Coordinators and Victim Advocates.--(1) The
Secretary of a military department shall assign members of the armed
forces under the jurisdiction of the Secretary to serve as a deployable
Sexual Assault Response Coordinator or Sexual Assault Victim Advocate
when a Sexual Assault Response Coordinator assigned to a unit under
subsection (a) or a Sexual Assault Victim Advocate assigned to a unit
under subsection (b) is not deployed with the unit.
``(2) A deployable Sexual Assault Response Coordinator or
deployable Sexual Assault Victim Advocate may serve on a full-time or
part-time basis at the discretion of the Secretary.
``(d) Training and Certification.--(1) As part of the sexual
assault prevention and response program, the Secretary of Defense shall
establish a professional and uniform training and certification program
for Sexual Assault Response Coordinators assigned under subsection (a)
and Sexual Assault Victim Advocates assigned under subsection (b). The
program shall be structured and administered in a manner similar to the
professional training available for Equal Opportunity Advisors through
the Defense Equal Opportunity Management Institute.
``(2) Effective beginning 1 year after the date of the enactment of
this section, before a member or civilian employee may be assigned to
duty as a Sexual Assault Response Coordinator under subsection (a), the
member or employee must have completed the training program required by
paragraph (1) and obtained the certification.
``(3) A member or civilian employee assigned to duty as a Victim
Advocate under subsection (b) may obtain certification under the
training program required by paragraph (1). At a minimum, the Sexual
Assault Response Coordinator to whom a Victim Advocate reports shall
train the Victim Advocate using the same training materials used to
train the Sexual Assault Response Coordinator under the program.
``(4) Deployable Sexual Assault Response Coordinators and
deployable Sexual Assault Victim Advocates shall receive training from
a designated Sexual Assault Response Coordinator or Sexual Assault
Victim Advocate on their specific roles and responsibilities before
assuming such responsibilities.
``(e) Access to Commanders and Units.--(1) The Secretaries of the
military departments shall ensure that a Sexual Assault Response
Coordinator, including a deployable Sexual Assault Response Coordinator
assigned under subsection (c), has direct access to senior commanders
and any other commander within the unit or geographical area of
responsibility of the Sexual Assault Response Coordinator.
``(2) A Sexual Assault Response Coordinator may work with
supporting medical staff, mental health staff, and chaplains to offer
unit counseling options for commanders of units in which a sexual
assault involving a member of the armed forces occurs.
``(f) Sexual Assault Response Teams Responsible for Overseeing
Unrestricted Reported Cases.--
``(1) Response team protocol.--Not later than 1 year after
the date of the enactment of this section, the Secretary of
Defense shall develop and implement a protocol for the
establishment and use of sexual assault response teams
throughout the Department of Defense.
``(2) Emergency response.--A sexual assault response team
shall be led by a Sexual Assault Response Coordinator and
convene as soon as practicable after a reported sexual assault
involving a member of the armed forces.
``(3) Other elements.--At a minimum, the protocol for
sexual assault response teams shall also provide for--
``(A) in addition to meetings required by paragraph
(2), monthly meetings to review individual cases,
facilitate timely victim updates, and ensure system
coordination, accountability (to include tracking case
adjudication), and victim access to quality services;
and
``(B) depending on the resources available at
different locations, membership drawn from the relevant
military criminal investigator, medical personnel,
chaplain, trial counsel, and Sexual Assault Victim
Advocate.
``(4) Command involvement.--Within the first 3 months of
assuming a command, the commander shall attend a meeting of
their command's sexual assault response team occurring after
the commander's assumption of command. The Secretary of Defense
shall provide for the inclusion of a sexual assault prevention
and response training module as part of commanders pre-command
courses.
``(g) Prohibition on Use of Inspector General Personnel.--Personnel
of the Inspector General of the Department of Defense, the Inspector
General of the Army, the Naval Inspector General, and the Inspector
General of the Air Force may not perform Sexual Assault Response
Coordinator duties.
``(h) Definitions.--In this section:
``(1) The term `armed forces' means the Army, Navy, Air
Force, and Marine Corps.
``(2) The term `sexual assault prevention and response
program' refers to Department of Defense policies and programs,
including policies and programs of a specific military
department or the that are intended to reduce the number of
sexual assaults involving members of the armed forces and
improve the response of the department to reports of sexual
assaults involving members of the armed forces, whether members
of the armed forces are the victim, alleged assailant, or
both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1568. Sexual assault prevention and response: Sexual Assault Response
Coordinators and Victim Advocates.''.
SEC. 1643. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND VICTIM
ADVOCATE SERVICES.
(a) Access.--Chapter 53 of title 10, United States Code, is amended
by inserting after section 1044d the following new section:
``Sec. 1044e. Access to legal assistance and Victim Advocate services
for victims of sexual assault
``(a) Availability of Legal Assistance and Victim Advocate
Services.--
``(1) Members.--A member of the armed forces or a dependent
of a member of the armed forces who is the victim of a sexual
assault is entitled to--
``(A) legal assistance provided by a military legal
assistance counsel certified as competent to provide
such duties pursuant to section 827(b) of this title
(article 27(b) of the Uniform Code of Military
Justice); and
``(B) assistance provided by a qualified Sexual
Assault Victim Advocate.
``(2) Dependents.--To the extent practicable, the Secretary
of a military department shall make the assistance described in
paragraph (1) available to dependent of a member of the armed
forces who is the victim of a sexual assault and resides on or
in the vicinity of a military installation. The Secretary
concerned shall define the term `vicinity' for purposes of this
paragraph.
``(3) Notice of availability of assistance; opt out.--The
member or dependent shall be informed of the availability of
assistance under this subsection as soon as the member or
dependent seeks assistance from a Sexual Assault Response
Coordinator or any other responsible member of the armed forces
or Department of Defense civilian employee. The victim shall
also be informed that the legal assistance and services of a
Sexual Assault Response Coordinator and Sexual Assault Victim
Advocate are optional and these services may be declined, in
whole or in part, at any time.
``(4) Nature of reporting immaterial.--In the case of a
member of the armed forces, access to legal assistance and
Victim Advocate services is available regardless of whether the
member elects unrestricted or restricted (confidential)
reporting of the sexual assault.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to establish an attorney-client
relationship.
``(b) Restricted Reporting Option.--
``(1) Availability of restricted reporting.--A member of
the armed forces who is the victim of a sexual assault may
confidentially disclose the details of the assault to an
individual specified in paragraph (2) and receive medical
treatment, legal assistance, or counseling, without triggering
an official investigation of the allegations.
``(2) Persons covered by restricted reporting.--Individuals
covered by paragraph (1) are the following:
``(A) Military legal assistance counsel.
``(B) Sexual Assault Response Coordinator.
``(C) Sexual Assault Victim Advocate.
``(D) Healthcare personnel.
``(E) Chaplain.
``(3) Importance of contacting sexual assault response
coordinator.--The Secretary of Defense shall ensure that all
sexual assault prevention and response training emphasizes the
importance of immediately contacting a Sexual Assault Response
Coordinator after a sexual assault to ensure that the victim
preserves the restricted reporting option and receives guidance
on available services and victim care. A member's
responsibility to report a sexual assault is satisfied by
informing the Sexual Assault Response Coordinator, in addition
to or in lieu of informing the member's commander or military
law enforcement.
``(c) Clarification of Victim Option to Participate in
Investigation.--The Secretary of Defense shall implement a Sexual
Assault Response Coordinator-led process by which a member or dependent
referred to in subsection (a) may decline to participate in the
investigation of the sexual assault. The member or dependent, after
consultation with a Sexual Assault Victim Advocate or Sexual Assault
Response Coordinator, or both, may complete a form indicating a
preference not to participate further in the investigative process.
``(d) Definitions.--In this section:
``(1) The term `sexual assault' includes any of the
offenses covered by section 920 of this title (article 120).
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section
801(13) of this title (article 1(13) of the Uniform
Code of Military Justice)); or
``(B) a civilian attorney serving as a legal
assistance officer under the provisions of section 1044
of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044d the following new item:
``1044e. Access to legal assistance and Victim Advocate services for
victims of sexual assault.''.
(c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through
1044e''.
SEC. 1644. NOTIFICATION OF COMMAND OF OUTCOME OF COURT-MARTIAL
INVOLVING CHARGES OF SEXUAL ASSAULT.
Section 853 of title 10, United States Code (article 53 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a) Announcement to Parties.--'' before
``A court-martial''; and
(2) by adding at the end the following new subsection:
``(b) Dissemination of Results to Command in Certain Cases.--In the
case of an alleged sexual assault or other offense covered by section
920 of this title (article 120), the trial counsel shall notify the
servicing staff judge advocate at the military installation, who shall
notify the convening authority and commanders, as appropriate. In
consultation with the servicing staff judge advocate, the commanding
officer shall notify members of the command of the outcome of the
case.''.
SEC. 1645. COPY OF RECORD OF COURT-MARTIAL TO VICTIM OF SEXUAL ASSAULT
INVOLVING A MEMBER OF THE ARMED FORCES.
Section 854 of title 10, United States Code (article 54 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(e) In the case of a general or special court-martial involving a
sexual assault or other offense covered by section 920 of this title
(article 120), a copy of the prepared record of the proceedings of the
court-martial shall be given to the victim of the offence if the victim
testified during the proceedings. The record of the proceedings shall
be provided without charge and as soon as the record is authenticated.
The victim shall be notified of the opportunity to receive the record
of the proceedings.''.
SEC. 1646. MEDICAL CARE FOR VICTIMS OF SEXUAL ASSAULT.
(a) Medical Care and Records.--Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074l the following
new section:
``Sec. 1074m. Medical care for members who are victims of sexual
assault
``(a) Medical Care.--(1) The Secretary of Defense shall establish
protocols for providing medical care to a member of the armed forces
who is a victim of a sexual assault, including protocols with respect
to the appropriate screening, prevention, and mitigation of diseases.
``(2) In establishing the protocols under paragraph (1), the
Secretary shall take into consideration the sex of the member of the
armed forces.
``(b) Medical Records.--The Secretary shall ensure that--
``(1) an accurate and complete medical record is made for
each member of the armed forces who is a victim of a sexual
assault with respect to the physical and mental condition of
the member resulting from the assault; and
``(2) such record complies with the requirement for
confidentiality in making a restricted report under section
1044e(b) of this title.
``(c) Restricted Reporting.--Nothing in this section shall be
construed as affecting the right of a member of the armed forces to
make a restricted report under section 1044e(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074l the following new item:
``1074m. Medical care for members who are victims of sexual assault.''.
SEC. 1647. PRIVILEGE AGAINST DISCLOSURE OF CERTAIN COMMUNICATIONS WITH
SEXUAL ASSAULT VICTIM ADVOCATES.
(a) Privilege Established.--
(1) In general.--Chapter 53 of title 10, United States Code
is amended by inserting after section 1034a the following new
section:
``Sec. 1034b. Privilege against disclosure of certain communications
with Sexual Assault Victim Advocates
``A confidential communication between the victim of a sexual
assault or other offense covered by section 920 of this title (article
120 of the Uniform Code of Military Justice) and a Sexual Assault
Victim Advocate assigned under section 1568 of this title, including a
deployable Sexual Assault Victim Advocate, shall be treated in the same
manner as a confidential communication between a patient and a
psychiatrist for purposes of any privilege which may attach to such a
communication.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1034a the following new item:
``1034b. Privilege against disclosure of certain communications with
Sexual Assault Victim Advocates.''.
(b) Applicability.--Section 1034b of title 10, United States Code,
as added by subsection (a), applies to communications described in such
section whether made before, on, or after the date of the enactment of
this Act.
SEC. 1648. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR
CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT
TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF
SEXUAL ASSAULT.
(a) In General.--Chapter 39 of title 10, United States Code, is
amended by inserting after section 672 the following new section:
``Sec. 673. Consideration of application for permanent change of
station or unit transfer for members on active duty who
are the victim of a sexual assault
``(a) Expedited Consideration and Priority for Approval.--To the
maximum extent practicable, the Secretary concerned shall provide for
the expedited consideration and approval of an application for
consideration of a permanent change of station or unit transfer
submitted by a member of the armed forces serving on active duty who
was a victim of a sexual assault or other offense covered by section
920 of this title (article 120) so as to reduce the possibility of
retaliation against the member for reporting the sexual assault.
``(b) Regulations.-- The Secretaries of the military departments
shall issue regulations to carry out this section, within guidelines
provided by the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
672 the following new item:
``673. Consideration of application for permanent change of station or
unit transfer for members on active duty
who are the victim of a sexual assault.''.
Subtitle D--Other Matters
SEC. 1661. RECRUITER SELECTION AND OVERSIGHT.
(a) Screening, Training, and Oversight of Recruiters.--The
Secretaries of the military departments shall ensure effective
recruiter selection and oversight with regard to sexual assault
prevention and response by ensuring that--
(1) recruiters are screened and trained under the sexual
assault prevention and response program;
(2) sexual assault prevention and response program
information is disseminated to recruiters and potential
recruits for the Armed Forces; and
(3) oversight is in place to preclude the potential for
sexual misconduct by recruiters.
(b) Improved Awareness of Recruits.--Commanders of recruiting
organizations and Military Entrance Processing Stations shall ensure
that sexual assault prevention and response awareness campaign
materials are available and posted in locations visible to potential
and actual recruits for the Armed Forces.
SEC. 1662. AVAILABILITY OF SERVICES UNDER SEXUAL ASSAULT PREVENTION AND
RESPONSE PROGRAM FOR DEPENDENTS OF MEMBERS, MILITARY
RETIREES, DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES, AND
DEFENSE CONTRACTOR EMPLOYEES.
(a) Notification of Extent of Current Services.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Defense shall revise materials made available under the sexual assault
prevention and response program to include information on the extent to
which dependents of members of the Armed Forces, retired members,
Department of Defense civilian employees, and employees of defense
contractors are eligible for sexual assault prevention and response
services under the sexual assault prevention and response program.
(b) Report Required.--Not later than 1 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 feasibility of
extending all sexual assault prevention and response services available
for a member of the Armed Forces who is the victim of a sexual assault
to persons referred to in subsection (a).
SEC. 1663. APPLICATION OF SEXUAL ASSAULT PREVENTION AND RESPONSE
PROGRAM IN TRAINING ENVIRONMENTS.
The Secretaries of the military departments shall ensure that a
member of the Armed Forces who is a victim of a sexual assault in a
training environment is provided, to the maximum extent possible, with
confidential access to victim support services and afforded time for
recovery. The member should not be required to repeat training unless
the time needed for support services and recovery significantly
interferes with the progress of the member's training.
SEC. 1664. APPLICATION OF SEXUAL ASSAULT PREVENTION AND RESPONSE
PROGRAM IN REMOTE ENVIRONMENTS AND JOINT BASING
SITUATIONS.
(a) Remote and Deployed Environments.--The Secretary of Defense and
the combatant commanders shall ensure that the sexual assault
prevention and response program continues to operate even in remote
environments in which members of the Armed Forces are deployed,
including coalition operations.
(b) Joint Basing.--The Secretary of Defense shall monitor the
implementation of the sexual assault prevention and response program
and military justice and jurisdiction issues at joint basing locations.
Elements of the Armed Forces sharing a joint base location shall
closely collaborate on sexual assault prevention and response issues to
ensure consistency in approach and messages at the joint base location.
TITLE XVII--FEDERAL INFORMATION SECURITY
Subtitle A--Federal Information Security Amendments
SEC. 1701. COORDINATION OF FEDERAL INFORMATION POLICY.
Chapter 35 of title 44, United States Code, is amended by striking
subchapters II and III and inserting the following:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec. 3551. Purposes
``The purposes of this subchapter are to--
``(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
``(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
Governmentwide management and oversight of the related
information security risks, including coordination of
information security efforts throughout the civilian, national
security, and law enforcement communities;
``(3) provide for development and maintenance of minimum
controls required to protect Federal information and
information infrastructure;
``(4) provide a mechanism for improved oversight of Federal
agency information security programs;
``(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and
effective information security solutions, reflecting market
solutions for the protection of critical information
infrastructures important to the national defense and economic
security of the Nation that are designed, built, and operated
by the private sector; and
``(6) recognize that the selection of specific technical
hardware and software information security solutions should be
left to individual agencies from among commercially developed
products.
``Sec. 3552. Definitions
``(a) Section 3502 Definitions.--Except as provided under
subsection (b), the definitions under section 3502 shall apply to this
subchapter.
``(b) Additional Definitions.--In this subchapter:
``(1) The term `adequate security' means security that
complies with the regulations promulgated under section 3554
and the standards promulgated under section 3558.
``(2) The term `incident' means an occurrence that actually
or potentially jeopardizes the confidentiality, integrity, or
availability of an information system, information
infrastructure, or the information the system processes,
stores, or transmits or that constitutes a violation or
imminent threat of violation of security policies, security
procedures, or acceptable use policies.
``(3) The term `information infrastructure' means the
underlying framework that information systems and assets rely
on in processing, storing, or transmitting information
electronically.
``(4) The term `information security' means protecting
information and information infrastructure from unauthorized
access, use, disclosure, disruption, modification, or
destruction in order to provide--
``(A) integrity, which means guarding against
improper information modification or destruction, and
includes ensuring information nonrepudiation and
authenticity;
``(B) confidentiality, which means preserving
authorized restrictions on access and disclosure,
including means for protecting personal privacy and
proprietary information;
``(C) availability, which means ensuring timely and
reliable access to and use of information; and
``(D) authentication, which means using digital
credentials to assure the identity of users and
validate access of such users.
``(5) The term `information technology' has the meaning
given that term in section 11101 of title 40.
``(6)(A) The term `national security system' means any
information infrastructure (including any telecommunications
system) used or operated by an agency or by a contractor of an
agency, or other organization on behalf of an agency--
``(i) the function, operation, or use of which--
``(I) involves intelligence activities;
``(II) involves cryptologic activities
related to national security;
``(III) involves command and control of
military forces;
``(IV) involves equipment that is an
integral part of a weapon or weapons system; or
``(V) subject to subparagraph (B), is
critical to the direct fulfillment of military
or intelligence missions; or
``(ii) is protected at all times by procedures
established for information that have been specifically
authorized under criteria established by an Executive
order or an Act of Congress to be kept classified in
the interest of national defense or foreign policy.
``(B) Subparagraph (A)(i)(V) does not include a system that
is to be used for routine administrative and business
applications (including payroll, finance, logistics, and
personnel management applications).
``Sec. 3553. National Office for Cyberspace
``(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the National Office
for Cyberspace.
``(b) Director.--
``(1) In general.--There shall be at the head of the Office
a Director, who shall be appointed by the President by and with
the advice and consent of the Senate. The Director of the
National Office for Cyberspace shall administer all functions
under this subchapter and collaborate to the extent practicable
with the heads of appropriate agencies, the private sector, and
international partners. The Office shall serve as the principal
office for coordinating issues relating to achieving an
assured, reliable, secure, and survivable information
infrastructure and related capabilities for the Federal
Government.
``(2) Basic pay.--The Director shall be paid at the rate of
basic pay for level III of the Executive Schedule.
``(c) Staff.--The Director may appoint and fix the pay of
additional personnel as the Director considers appropriate.
``(d) Experts and Consultants.--The Director may procure temporary
and intermittent services under section 3109(b) of title 5.
``Sec. 3554. Federal Cybersecurity Practice Board
``(a) Establishment.--Within the National Office for Cyberspace,
there shall be established a board to be known as the `Federal
Cybersecurity Practice Board' (in this section referred to as the
`Board').
``(b) Members.--The Board shall be chaired by the Director of the
National Office for Cyberspace and consist of not more than 10 members,
with at least one representative from--
``(1) the Office of Management and Budget;
``(2) civilian agencies;
``(3) the Department of Defense;
``(4) the Federal law enforcement community;
``(5) the Federal Chief Technology Office; and
``(6) such additional military and civilian agencies as the
Director considers appropriate.
``(c) Responsibilities.--
``(1) Development of policies and procedures.--Subject to
the authority, direction, and control of the Director of the
National Office for Cyberspace, the Board shall be responsible
for developing and periodically updating information security
policies and procedures relating to the matters described in
paragraph (2). In developing such policies and procedures, the
Board shall require that all matters addressed in the policies
and procedures are consistent, to the maximum extent
practicable and in accordance with applicable law, among the
civilian, military, intelligence, and law enforcement
communities.
``(2) Specific matters covered in policies and
procedures.--
``(A) Minimum security controls.--The Board shall
be responsible for developing and periodically updating
information security policies and procedures relating
to minimum security controls for information
technology, in order to--
``(i) provide Governmentwide protection of
Government-networked computers against common
attacks; and
``(ii) provide agencywide protection
against threats, vulnerabilities, and other
risks to the information infrastructure within
individual agencies.
``(B) Measures of effectiveness.--The Board shall
be responsible for developing and periodically updating
information security policies and procedures relating
to measurements needed to assess the effectiveness of
the minimum security controls referred to in
subparagraph (A). Such measurements shall include a
risk scoring system to evaluate risk to information
security both Governmentwide and within contractors of
the Federal Government.
``(C) Products and services.--The Board shall be
responsible for developing and periodically updating
information security policies, procedures, and minimum
security standards relating to criteria for products
and services to be used in agency information systems
and information infrastructure that will meet the
minimum security controls referred to in subparagraph
(A). In carrying out this subparagraph, the Board shall
act in consultation with the Office of Management and
Budget and the General Services Administration.
``(D) Remedies.--The Board shall be responsible for
developing and periodically updating information
security policies and procedures relating to methods
for providing remedies for security deficiencies
identified in agency information infrastructure.
``(3) Additional considerations.--The Board shall also
consider--
``(A) opportunities to engage with the
international community to set policies, principles,
training, standards, or guidelines for information
security;
``(B) opportunities to work with agencies and
industry partners to increase information sharing and
policy coordination efforts in order to reduce
vulnerabilities in the national information
infrastructure; and
``(C) options necessary to encourage and maintain
accountability of any agency, or senior agency
official, for efforts to secure the information
infrastructure of such agency.
``(4) Relationship to other standards.--The policies and
procedures developed under paragraph (1) are supplemental to
the standards promulgated by the Director of the National
Office for Cyberspace under section 3558.
``(5) Recommendations for regulations.--The Board shall be
responsible for making recommendations to the Director of the
National Office for Cyberspace on regulations to carry out the
policies and procedures developed by the Board under paragraph
(1).
``(d) Regulations.--The Director of the National Office for
Cyberspace, in consultation with the Director of the Office of
Management and the Administrator of General Services, shall promulgate
and periodically update regulations to carry out the policies and
procedures developed by the Board under subsection (c).
``(e) Annual Report.--The Director of the National Office for
Cyberspace shall provide to Congress a report containing a summary of
agency progress in implementing the regulations promulgated under this
section as part of the annual report to Congress required under section
3555(a)(8).
``(f) No Disclosure by Board Required.--The Board is not required
to disclose under section 552 of title 5 information submitted by
agencies to the Board regarding threats, vulnerabilities, and risks.
``Sec. 3555. Authority and functions of the Director of the National
Office for Cyberspace
``(a) In General.--The Director of the National Office for
Cyberspace shall oversee agency information security policies and
practices, including--
``(1) developing and overseeing the implementation of
policies, principles, standards, and guidelines on information
security, including through ensuring timely agency adoption of
and compliance with standards promulgated under section 3558;
``(2) requiring agencies, consistent with the standards
promulgated under section 3558 and other requirements of this
subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(A) information collected or maintained by or on
behalf of an agency; or
``(B) information infrastructure used or operated
by an agency or by a contractor of an agency or other
organization on behalf of an agency;
``(3) coordinating the development of standards and
guidelines under section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) with agencies
and offices operating or exercising control of national
security systems (including the National Security Agency) to
assure, to the maximum extent feasible, that such standards and
guidelines are complementary with standards and guidelines
developed for national security systems;
``(4) overseeing agency compliance with the requirements of
this subchapter, including through any authorized action under
section 11303 of title 40, to enforce accountability for
compliance with such requirements;
``(5) reviewing at least annually, and approving or
disapproving, agency information security programs required
under section 3556(b);
``(6) coordinating information security policies and
procedures with related information resources management
policies and procedures;
``(7) overseeing the operation of the Federal information
security incident center required under section 3559;
``(8) reporting to Congress no later than March 1 of each
year on agency compliance with the requirements of this
subchapter, including--
``(A) a summary of the findings of audits required
by section 3557;
``(B) an assessment of the development,
promulgation, and adoption of, and compliance with,
standards developed under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C.
278g-3) and promulgated under section 3558;
``(C) significant deficiencies in agency
information security practices;
``(D) planned remedial action to address such
deficiencies; and
``(E) a summary of, and the views of the Director
of the National Office for Cyberspace on, the report
prepared by the National Institute of Standards and
Technology under section 20(d)(10) of the National
Institute of Standards and Technology Act (15 U.S.C.
278g-3);
``(9) coordinating the defense of information
infrastructure operated by agencies in the case of a large-
scale attack on information infrastructure, as determined by
the Director;
``(10) establishing a national strategy, in consultation
with the Department of State, the United States Trade
Representative, and the National Institute of Standards and
Technology, to engage with the international community to set
the policies, principles, standards, or guidelines for
information security; and
``(11) coordinating information security training for
Federal employees with the Office of Personnel Management.
``(b) National Security Systems.--Except for the authorities
described in paragraphs (4) and (8) of subsection (a), the authorities
of the Director of the National Office for Cyberspace under this
section shall not apply to national security systems.
``(c) Department of Defense and Central Intelligence Agency
Systems.--(1) The authorities of the Director of the National Office
for Cyberspace described in paragraphs (1) and (2) of subsection (a)
shall be delegated to the Secretary of Defense in the case of systems
described in paragraph (2) and to the Director of Central Intelligence
in the case of systems described in paragraph (3).
``(2) The systems described in this paragraph are systems that are
operated by the Department of Defense, a contractor of the Department
of Defense, or another entity on behalf of the Department of Defense
that processes any information the unauthorized access, use,
disclosure, disruption, modification, or destruction of which would
have a debilitating impact on the mission of the Department of Defense.
``(3) The systems described in this paragraph are systems that are
operated by the Central Intelligence Agency, a contractor of the
Central Intelligence Agency, or another entity on behalf of the Central
Intelligence Agency that processes any information the unauthorized
access, use, disclosure, disruption, modification, or destruction of
which would have a debilitating impact on the mission of the Central
Intelligence Agency.
``(d) Budget Oversight and Reporting.--(1) The head of each agency
shall submit to the Director of the National Office for Cyberspace a
budget each year for the following fiscal year relating to the
protection of information infrastructure for such agency, by a date
determined by the Director that is before the submission of such budget
by the head of the agency to the Office of Management and Budget.
``(2) The Director shall review and offer a non-binding approval or
disapproval of each agency's annual budget to each agency before the
submission of such budget by the head of the agency to the Office of
Management and Budget.
``(3) If the Director offers a non-binding disapproval of an
agency's budget, the Director shall transmit recommendations to the
head of such agency for strengthening its proposed budget with regard
to the protection of such agency's information infrastructure.
``(4) Each budget submitted by the head of an agency pursuant to
paragraph (1) shall include--
``(A) a review of any threats to information technology for
such agency;
``(B) a plan to secure the information infrastructure for
such agency based on threats to information technology, using
the National Institute of Standards and Technology guidelines
and recommendations;
``(C) a review of compliance by such agency with any
previous year plan described in subparagraph (B); and
``(D) a report on the development of the credentialing
process to enable secure authentication of identity and
authorization for access to the information infrastructure of
such agency.
``(5) The Director of the National Office for Cyberspace may
recommend to the President monetary penalties or incentives necessary
to encourage and maintain accountability of any agency, or senior
agency official, for efforts to secure the information infrastructure
of such agency.
``Sec. 3556. Agency responsibilities
``(a) In General.--The head of each agency shall--
``(1) be responsible for--
``(A) providing information security protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(i) information collected or maintained
by or on behalf of the agency; and
``(ii) information infrastructure used or
operated by an agency or by a contractor of an
agency or other organization on behalf of an
agency;
``(B) complying with the requirements of this
subchapter and related policies, procedures, standards,
and guidelines, including--
``(i) the regulations promulgated under
section 3554 and the information security
standards promulgated under section 3558;
``(ii) information security standards and
guidelines for national security systems issued
in accordance with law and as directed by the
President; and
``(iii) ensuring the standards implemented
for information infrastructure and national
security systems under the agency head are
complementary and uniform, to the extent
practicable; and
``(C) ensuring that information security management
processes are integrated with agency strategic and
operational planning processes;
``(2) ensure that senior agency officials provide
information security for the information and information
infrastructure that support the operations and assets under
their control, including through--
``(A) assessing the risk and magnitude of the harm
that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of
such information or information infrastructure;
``(B) determining the levels of information
security appropriate to protect such information and
information infrastructure in accordance with
regulations promulgated under section 3554 and
standards promulgated under section 3558, for
information security classifications and related
requirements;
``(C) implementing policies and procedures to cost
effectively reduce risks to an acceptable level; and
``(D) continuously testing and evaluating
information security controls and techniques to ensure
that they are effectively implemented;
``(3) delegate to an agency official, designated as the
`Chief Information Security Officer', under the authority of
the agency Chief Information Officer the responsibility to
oversee agency information security and the authority to ensure
and enforce compliance with the requirements imposed on the
agency under this subchapter, including--
``(A) overseeing the establishment and maintenance
of a security operations capability on an automated and
continuous basis that can--
``(i) assess the state of compliance of all
networks and systems with prescribed controls
issued pursuant to section 3558 and report
immediately any variance therefrom and, where
appropriate and with the approval of the agency
Chief Information Officer, shut down systems
that are found to be non-compliant;
``(ii) detect, report, respond to, contain,
and mitigate incidents that impair adequate
security of the information and information
infrastructure, in accordance with policy
provided by the Director of the National Office
for Cyberspace, in consultation with the Chief
Information Officers Council, and guidance from
the National Institute of Standards and
Technology;
``(iii) collaborate with the National
Office for Cyberspace and appropriate public
and private sector security operations centers
to address incidents that impact the security
of information and information infrastructure
that extend beyond the control of the agency;
and
``(iv) not later than 24 hours after
discovery of any incident described under
subparagraph (A)(ii), unless otherwise directed
by policy of the National Office for
Cyberspace, provide notice to the appropriate
security operations center, the National Cyber
Investigative Joint Task Force, and the
Inspector General of the agency;
``(B) developing, maintaining, and overseeing an
agency wide information security program as required by
subsection (b);
``(C) developing, maintaining, and overseeing
information security policies, procedures, and control
techniques to address all applicable requirements,
including those issued under sections 3555 and 3558;
``(D) training and overseeing personnel with
significant responsibilities for information security
with respect to such responsibilities; and
``(E) assisting senior agency officials concerning
their responsibilities under paragraph (2);
``(4) ensure that the agency has trained and cleared
personnel sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines;
``(5) ensure that the Chief Information Security Officer,
in coordination with other senior agency officials, reports
biannually to the agency head on the effectiveness of the
agency information security program, including progress of
remedial actions; and
``(6) ensure that the Chief Information Security Officer
possesses necessary qualifications, including education,
professional certifications, training, experience, and the
security clearance required to administer the functions
described under this subchapter; and has information security
duties as the primary duty of that official.
``(b) Agency Program.--Each agency shall develop, document, and
implement an agencywide information security program, approved by the
Director of the National Office for Cyberspace under section
3555(a)(5), to provide information security for the information and
information infrastructure that support the operations and assets of
the agency, including those provided or managed by another agency,
contractor, or other source, that includes--
``(1) continuous automated technical monitoring of
information infrastructure used or operated by an agency or by
a contractor of an agency or other organization on behalf of an
agency to assure conformance with regulations promulgated under
section 3554 and standards promulgated under section 3558;
``(2) testing of the effectiveness of security controls
that are commensurate with risk (as defined by the National
Institute of Standards and Technology and the National Office
for Cyberspace) for agency information infrastructure;
``(3) policies and procedures that--
``(A) mitigate and remediate, to the extent
practicable, information security vulnerabilities based
on the risk posed to the agency;
``(B) cost effectively reduce information security
risks to an acceptable level;
``(C) ensure that information security is addressed
throughout the life cycle of each agency information
system and information infrastructure;
``(D) ensure compliance with--
``(i) the requirements of this subchapter;
``(ii) policies and procedures as may be
prescribed by the Director of the National
Office for Cyberspace, and information security
standards promulgated under section 3558;
``(iii) minimally acceptable system
configuration requirements, as determined by
the Director of the National Office for
Cyberspace; and
``(iv) any other applicable requirements,
including--
``(I) standards and guidelines for
national security systems issued in
accordance with law and as directed by
the President;
``(II) the policy of the Director
of the National Office for Cyberspace;
``(III) the National Institute of
Standards and Technology guidance; and
``(IV) the Chief Information
Officers Council recommended
approaches;
``(E) develop, maintain, and oversee information
security policies, procedures, and control techniques
to address all applicable requirements, including those
issued under sections 3555 and 3558; and
``(F) ensure the oversight and training of
personnel with significant responsibilities for
information security with respect to such
responsibilities;
``(4) ensuring that the agency has trained and cleared
personnel sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines;
``(5) to the extent practicable, automated and continuous
technical monitoring for testing, and evaluation of the
effectiveness and compliance of information security policies,
procedures, and practices, including--
``(A) management, operational, and technical
controls of every information infrastructure identified
in the inventory required under section 3505(b); and
``(B) management, operational, and technical
controls relied on for an evaluation under section
3556;
``(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in the
information security policies, procedures, and practices of the
agency;
``(7) to the extent practicable, continuous automated
technical monitoring for detecting, reporting, and responding
to security incidents, consistent with standards and guidelines
issued by the Director of the National Office for Cyberspace,
including--
``(A) mitigating risks associated with such
incidents before substantial damage is done;
``(B) notifying and consulting with the appropriate
security operations response center; and
``(C) notifying and consulting with, as
appropriate--
``(i) law enforcement agencies and relevant
Offices of Inspectors General;
``(ii) the National Office for Cyberspace;
and
``(iii) any other agency or office, in
accordance with law or as directed by the
President; and
``(8) plans and procedures to ensure continuity of
operations for information infrastructure that support the
operations and assets of the agency.
``(c) Agency Reporting.--Each agency shall--
``(1) submit an annual report on the adequacy and
effectiveness of information security policies, procedures, and
practices, and compliance with the requirements of this
subchapter, including compliance with each requirement of
subsection (b) to--
``(A) the National Office for Cyberspace;
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(C) the Committee on Oversight and Government
Reform of the House of Representatives;
``(D) other appropriate authorization and
appropriations committees of Congress; and
``(E) the Comptroller General;
``(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and
reports relating to--
``(A) annual agency budgets;
``(B) information resources management of this
subchapter;
``(C) information technology management under this
chapter;
``(D) program performance under sections 1105 and
1115 through 1119 of title 31, and sections 2801 and
2805 of title 39;
``(E) financial management under chapter 9 of title
31, and the Chief Financial Officers Act of 1990 (31
U.S.C. 501 note; Public Law 101-576) (and the
amendments made by that Act);
``(F) financial management systems under the
Federal Financial Management Improvement Act (31 U.S.C.
3512 note); and
``(G) internal accounting and administrative
controls under section 3512 of title 31; and
``(3) report any significant deficiency in a policy,
procedure, or practice identified under paragraph (1) or (2)--
``(A) as a material weakness in reporting under
section 3512 of title 31; and
``(B) if relating to financial management systems,
as an instance of a lack of substantial compliance
under the Federal Financial Management Improvement Act
(31 U.S.C. 3512 note).
``(d) Performance Plan.--(1) In addition to the requirements of
subsection (c), each agency, in consultation with the National Office
for Cyberspace, shall include as part of the performance plan required
under section 1115 of title 31 a description of the resources,
including budget, staffing, and training, that are necessary to
implement the program required under subsection (b).
``(2) The description under paragraph (1) shall be based on the
risk assessments required under subsection (a)(2).
``(e) Public Notice and Comment.--Each agency shall provide the
public with timely notice and opportunities for comment on proposed
information security policies and procedures to the extent that such
policies and procedures affect communication with the public.
``Sec. 3557. Annual independent audit
``(a) In General.--(1) Each year each agency shall have performed
an independent audit of the information security program and practices
of that agency to determine the effectiveness of such program and
practices.
``(2) Each audit under this section shall include--
``(A) testing of the effectiveness of the information
infrastructure of the agency for automated, continuous
monitoring of the state of compliance of its information
infrastructure with regulations promulgated under section 3554
and standards promulgated under section 3558 in a
representative subset of--
``(i) the information infrastructure used or
operated by the agency; and
``(ii) the information infrastructure used,
operated, or supported on behalf of the agency by a
contractor of the agency, a subcontractor (at any tier)
of such contractor, or any other entity;
``(B) an assessment (made on the basis of the results of
the testing) of compliance with--
``(i) the requirements of this subchapter; and
``(ii) related information security policies,
procedures, standards, and guidelines;
``(C) separate assessments, as appropriate, regarding
information security relating to national security systems; and
``(D) a conclusion regarding whether the information
security controls of the agency are effective, including an
identification of any significant deficiencies in such
controls.
``(3) Each audit under this section shall be performed in
accordance with applicable generally accepted Government auditing
standards.
``(b) Independent Auditor.--Subject to subsection (c)--
``(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978 or any other law, the
annual audit required by this section shall be performed by the
Inspector General or by an independent external auditor, as
determined by the Inspector General of the agency; and
``(2) for each agency to which paragraph (1) does not
apply, the head of the agency shall engage an independent
external auditor to perform the audit.
``(c) National Security Systems.--For each agency operating or
exercising control of a national security system, that portion of the
audit required by this section directly relating to a national security
system shall be performed--
``(1) only by an entity designated head; and
``(2) in such a manner as to ensure appropriate protection
for information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
``(d) Existing Audits.--The audit required by this section may be
based in whole or in part on another audit relating to programs or
practices of the applicable agency.
``(e) Agency Reporting.--(1) Each year, not later than such date
established by the Director of the National Office for Cyberspace, the
head of each agency shall submit to the Director the results of the
audit required under this section.
``(2) To the extent an audit required under this section directly
relates to a national security system, the results of the audit
submitted to the Director of the National Office for Cyberspace shall
contain only a summary and assessment of that portion of the audit
directly relating to a national security system.
``(f) Protection of Information.--Agencies and auditors shall take
appropriate steps to ensure the protection of information which, if
disclosed, may adversely affect information security. Such protections
shall be commensurate with the risk and comply with all applicable laws
and regulations.
``(g) National Office for Cyberspace Reports to Congress.--(1) The
Director of the National Office for Cyberspace shall summarize the
results of the audits conducted under this section in the annual report
to Congress required under section 3555(a)(8).
``(2) The Director's report to Congress under this subsection shall
summarize information regarding information security relating to
national security systems in such a manner as to ensure appropriate
protection for information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
``(3) Audits and any other descriptions of information
infrastructure under the authority and control of the Director of
Central Intelligence or of National Foreign Intelligence Programs
systems under the authority and control of the Secretary of Defense
shall be made available to Congress only through the appropriate
oversight committees of Congress, in accordance with applicable laws.
``(h) Comptroller General.--The Comptroller General shall
periodically evaluate and report to Congress on--
``(1) the adequacy and effectiveness of agency information
security policies and practices; and
``(2) implementation of the requirements of this
subchapter.
``(i) Contractor Audits.--Each year each contractor that operates,
uses, or supports an information system or information infrastructure
on behalf of an agency and each subcontractor of such contractor--
``(1) shall conduct an audit using an independent external
auditor in accordance with subsection (a), including an
assessment of compliance with the applicable requirements of
this subchapter; and
``(2) shall submit the results of such audit to such agency
not later than such date established by the Agency.
``Sec. 3558. Responsibilities for Federal information systems standards
``(a) Requirement To Prescribe Standards.--
``(1) In general.--
``(A) Requirement.--Except as provided under
paragraph (2), the Secretary of Commerce shall, on the
basis of proposed standards developed by the National
Institute of Standards and Technology pursuant to
paragraphs (2) and (3) of section 20(a) of the National
Institute of Standards and Technology Act (15 U.S.C.
278g-3(a)) and in consultation with the Secretary of
Homeland Security, promulgate information security
standards pertaining to Federal information systems.
``(B) Required standards.--Standards promulgated
under subparagraph (A) shall include--
``(i) standards that provide minimum
information security requirements as determined
under section 20(b) of the National Institute
of Standards and Technology Act (15 U.S.C.
278g-3(b)); and
``(ii) such standards that are otherwise
necessary to improve the efficiency of
operation or security of Federal information
systems.
``(C) Required standards binding.--Information
security standards described under subparagraph (B)
shall be compulsory and binding.
``(2) Standards and guidelines for national security
systems.--Standards and guidelines for national security
systems, as defined under section 3552(b), shall be developed,
promulgated, enforced, and overseen as otherwise authorized by
law and as directed by the President.
``(b) Application of More Stringent Standards.--The head of an
agency may employ standards for the cost-effective information security
for all operations and assets within or under the supervision of that
agency that are more stringent than the standards promulgated by the
Secretary of Commerce under this section, if such standards--
``(1) contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Secretary; and
``(2) are otherwise consistent with policies and guidelines
issued under section 3555.
``(c) Requirements Regarding Decisions by the Secretary.--
``(1) Deadline.--The decision regarding the promulgation of
any standard by the Secretary of Commerce under subsection (b)
shall occur not later than 6 months after the submission of the
proposed standard to the Secretary by the National Institute of
Standards and Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3).
``(2) Notice and comment.--A decision by the Secretary of
Commerce to significantly modify, or not promulgate, a proposed
standard submitted to the Secretary by the National Institute
of Standards and Technology, as provided under section 20 of
the National Institute of Standards and Technology Act (15
U.S.C. 278g-3), shall be made after the public is given an
opportunity to comment on the Secretary's proposed decision.
``Sec. 3559. Federal information security incident center
``(a) In General.--The Director of the National Office for
Cyberspace shall ensure the operation of a central Federal information
security incident center to--
``(1) provide timely technical assistance to operators of
agency information systems and information infrastructure
regarding security incidents, including guidance on detecting
and handling information security incidents;
``(2) compile and analyze information about incidents that
threaten information security;
``(3) inform operators of agency information systems and
information infrastructure about current and potential
information security threats, and vulnerabilities; and
``(4) consult with the National Institute of Standards and
Technology, agencies or offices operating or exercising control
of national security systems (including the National Security
Agency), and such other agencies or offices in accordance with
law and as directed by the President regarding information
security incidents and related matters.
``(b) National Security Systems.--Each agency operating or
exercising control of a national security system shall share
information about information security incidents, threats, and
vulnerabilities with the Federal information security incident center
to the extent consistent with standards and guidelines for national
security systems, issued in accordance with law and as directed by the
President.
``(c) Review and Approval.--In coordination with the Administrator
for Electronic Government and Information Technology, the Director of
the National Office for Cyberspace shall review and approve the
policies, procedures, and guidance established in this subchapter to
ensure that the incident center has the capability to effectively and
efficiently detect, correlate, respond to, contain, mitigate, and
remediate incidents that impair the adequate security of the
information systems and information infrastructure of more than one
agency. To the extent practicable, the capability shall be continuous
and technically automated.
``Sec. 3560. National security systems
``The head of each agency operating or exercising control of a
national security system shall be responsible for ensuring that the
agency--
``(1) provides information security protections
commensurate with the risk and magnitude of the harm resulting
from the unauthorized access, use, disclosure, disruption,
modification, or destruction of the information contained in
such system;
``(2) implements information security policies and
practices as required by standards and guidelines for national
security systems, issued in accordance with law and as directed
by the President; and
``(3) complies with the requirements of this subchapter.''.
SEC. 1702. INFORMATION SECURITY ACQUISITION REQUIREMENTS.
(a) In General.--Chapter 113 of title 40, United States Code, is
amended by adding at the end of subchapter II the following new
section:
``Sec. 11319. Information security acquisition requirements
``(a) Prohibition.--Notwithstanding any other provision of law,
beginning one year after the date of the enactment of the Federal
Information Security Amendments Act of 2010, no agency may enter into a
contract, an order under a contract, or an interagency agreement for--
``(1) the collection, use, management, storage, or
dissemination of information on behalf of the agency;
``(2) the use or operation of an information system or
information infrastructure on behalf of the agency; or
``(3) information technology;
unless such contract, order, or agreement includes requirements to
provide effective information security that supports the operations and
assets under the control of the agency, in compliance with the
policies, standards, and guidance developed under subsection (b), and
otherwise ensures compliance with this section.
``(b) Coordination of Secure Acquisition Policies.--
``(1) In general.--The Director, in consultation with the
Director of the National Institute of Standards and Technology,
the Director of the National Office for Cyberspace, and the
Administrator of General Services, shall oversee the
development and implementation of policies, standards, and
guidance, including through revisions to the Federal
Acquisition Regulation and the Department of Defense supplement
to the Federal Acquisition Regulation, to cost effectively
enhance agency information security, including--
``(A) minimum information security requirements for
agency procurement of information technology products
and services; and
``(B) approaches for evaluating and mitigating
significant supply chain security risks associated with
products or services to be acquired by agencies.
``(2) Report.--Not later than two years after the date of
the enactment of the Federal Information Security Amendments
Act of 2010, the Director shall submit to Congress a report
describing--
``(A) actions taken to improve the information
security associated with the procurement of products
and services by the Federal Government; and
``(B) plans for overseeing and coordinating efforts
of agencies to use best practice approaches for cost-
effectively purchasing more secure products and
services.
``(c) Vulnerability Assessments of Major Systems.--
``(1) Requirement for initial vulnerability assessments.--
The Director shall require each agency to conduct an initial
vulnerability assessment for any major system and its
significant items of supply prior to the development of the
system. The initial vulnerability assessment of a major system
and its significant items of supply shall include use of an
analysis-based approach to--
``(A) identify vulnerabilities;
``(B) define exploitation potential;
``(C) examine the system's potential effectiveness;
``(D) determine overall vulnerability; and
``(E) make recommendations for risk reduction.
``(2) Subsequent vulnerability assessments.--
``(A) The Director shall require a subsequent
vulnerability assessment of each major system and its
significant items of supply within a program if the
Director determines that circumstances warrant the
issuance of an additional vulnerability assessment.
``(B) Upon the request of a congressional
committee, the Director may require a subsequent
vulnerability assessment of a particular major system
and its significant items of supply within the program.
``(C) Any subsequent vulnerability assessment of a
major system and its significant items of supply shall
include use of an analysis-based approach and, if
applicable, a testing-based approach, to monitor the
exploitation potential of such system and reexamine the
factors described in subparagraphs (A) through (E) of
paragraph (1).
``(3) Congressional oversight.--The Director shall provide
to the appropriate congressional committees a copy of each
vulnerability assessment conducted under paragraph (1) or (2)
not later than 10 days after the date of the completion of such
assessment.
``(d) Definitions.--In this section:
``(1) Item of supply.--The term `item of supply'--
``(A) means any individual part, component,
subassembly, assembly, or subsystem integral to a major
system, and other property which may be replaced during
the service life of the major system, including a spare
part or replenishment part; and
``(B) does not include packaging or labeling
associated with shipment or identification of an item.
``(2) Vulnerability assessment.--The term `vulnerability
assessment' means the process of identifying and quantifying
vulnerabilities in a major system and its significant items of
supply.
``(3) Major system.--The term `major system' has the
meaning given that term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).''.
SEC. 1703. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections in Title 44.--The table of sections for
chapter 35 of title 44, United States Code, is amended by striking the
matter relating to subchapters II and III and inserting the following:
``subchapter ii--information security
``3551. Purposes.
``3552. Definitions.
``3553. National Office for Cyberspace.
``3554. Federal Cybersecurity Practice Board.
``3555. Authority and functions of the Director of the National Office
for Cyberspace.
``3556. Agency responsibilities.
``3557. Annual independent audit.
``3558. Responsibilities for Federal information systems standards.
``3559. Federal information security incident center.
``3560. National security systems.''.
(b) Table of Sections in Title 40.--The table of sections for
chapter 113 of title 40, United States Code, is amended by inserting
after the item relating to section 11318 the following new item:
``Sec. 11319. Information security acquisition requirements.''.
(c) Other References.--
(1) Section 1001(c)(1)(A) of the Homeland Security Act of
2002 (6 U.S.C. 511(c)(1)(A)) is amended by striking ``section
3532(3)'' and inserting ``section 3552(b)''.
(2) Section 2222(j)(6) of title 10, United States Code, is
amended by striking ``section 3542(b)(2))'' and inserting
``section 3552(b)''.
(3) Section 2223(c)(3) of title 10, United States Code, is
amended, by striking ``section 3542(b)(2))'' and inserting
``section 3552(b)''.
(4) Section 2315 of title 10, United States Code, is
amended by striking ``section 3542(b)(2))'' and inserting
``section 3552(b)''.
(5) Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended--
(A) in subsections (a)(2) and (e)(5), by striking
``section 3532(b)(2)'' and inserting ``section
3552(b)'';
(B) in subsection (e)(2), by striking ``section
3532(1)'' and inserting ``section 3552(b)''; and
(C) in subsections (c)(3) and (d)(1), by striking
``section 11331 of title 40'' and inserting ``section
3558 of title 44''.
(6) Section 8(d)(1) of the Cyber Security Research and
Development Act (15 U.S.C. 7406(d)(1)) is amended by striking
``section 3534(b)'' and inserting ``section 3556(b)''.
(d) Repeal.--
(1) Subchapter III of chapter 113 of title 40, United
States Code, is repealed.
(2) The table of sections for chapter 113 of such title is
amended by striking the matter relating to subchapter III.
(e) Executive Schedule Pay Rate.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following:
``Director of the National Office for Cyberspace.''.
(f) Membership on the National Security Council.--Section 101(a) of
the National Security Act of 1947 (50 U.S.C. 402(a)) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) the Director of the National Office for
Cyberspace;''.
SEC. 1704. EFFECTIVE DATE.
(a) In General.--Unless otherwise specified in this section, this
subtitle (including the amendments made by this subtitle) shall take
effect 30 days after the date of enactment of this Act.
(b) National Office for Cyberspace.--Section 3553 of title 44,
United States Code, as added by section 1701 of this division, shall
take effect 180 days after the date of enactment of this Act.
(c) Federal Cybersecurity Practice Board.--Section 3554 of title
44, United States Code, as added by section 1701 of this division,
shall take effect 1 year after the date of enactment of this Act.
Subtitle B--Federal Chief Technology Officer
SEC. 1711. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.
(a) Establishment and Staff.--
(1) Establishment.--
(A) In general.--There is established in the
Executive Office of the President an Office of the
Federal Chief Technology Officer (in this section
referred to as the ``Office'').
(B) Head of the office.--
(i) Federal chief technology officer.--The
President shall appoint a Federal Chief
Technology Officer (in this section referred to
as the ``Federal CTO'') who shall be the head
of the Office.
(ii) Compensation.--Section 5314 of title
5, United States Code, is amended by adding at
the end the following:
``Federal Chief Technology Officer.''.
(2) Staff of the office.--The President may appoint
additional staff members to the Office.
(b) Duties of the Office.--The functions of the Federal CTO are the
following:
(1) Undertake fact-gathering, analysis, and assessment of
the Federal Government's information technology
infrastructures, information technology strategy, and use of
information technology, and provide advice on such matters to
the President, heads of Federal departments and agencies, and
government chief information officers and chief technology
officers.
(2) Lead an interagency effort, working with the chief
technology and chief information officers of each of the
Federal departments and agencies, to develop and implement a
planning process to ensure that they use best-in-class
technologies, share best practices, and improve the use of
technology in support of Federal Government requirements.
(3) Advise the President on information technology
considerations with regard to Federal budgets and with regard
to general coordination of the research and development
programs of the Federal Government for information technology-
related matters.
(4) Promote technological innovation in the Federal
Government, and encourage and oversee the adoption of robust
cross-governmental architectures and standards-based
information technologies, in support of effective operational
and management policies, practices, and services across Federal
departments and agencies and with the public and external
entities.
(5) Establish cooperative public-private sector partnership
initiatives to achieve knowledge of technologies available in
the marketplace that can be used for improving governmental
operations and information technology research and development
activities.
(6) Gather timely and authoritative information concerning
significant developments and trends in information technology,
and in national priorities, both current and prospective, and
analyze and interpret the information for the purpose of
determining whether the developments and trends are likely to
affect achievement of the priority goals of the Federal
Government.
(7) Develop, review, revise, and recommend criteria for
determining information technology activities warranting
Federal support, and recommend Federal policies designed to
advance the development and maintenance of effective and
efficient information technology capabilities, including human
resources, at all levels of government, academia, and industry,
and the effective application of the capabilities to national
needs.
(8) Any other functions and activities that the President
may assign to the Federal CTO.
(c) Policy Planning; Analysis and Advice.--The Office shall serve
as a source of analysis and advice for the President and heads of
Federal departments and agencies with respect to major policies, plans,
and programs of the Federal Government in accordance with the functions
described in subsection (b).
(d) Coordination of the Office With Other Entities.--
(1) Federal cto on domestic policy council.--The Federal
CTO shall be a member of the Domestic Policy Council.
(2) Federal cto on cyber security practice board.--The
Federal CTO shall be a member of the Federal Cybersecurity
Practice Board.
(3) Obtain information from agencies.--The Office may
secure, directly from any department or agency of the United
States, information necessary to enable the Federal CTO to
carry out this section. On request of the Federal CTO, the head
of the department or agency shall furnish the information to
the Office, subject to any applicable limitations of Federal
law.
(4) Staff of federal agencies.--On request of the Federal
CTO, to assist the Office in carrying out the duties of the
Office, the head of any Federal department or agency may detail
personnel, services, or facilities of the department or agency
to the Office.
(e) Annual Report.--
(1) Publication and contents.--The Federal CTO shall
publish, in the Federal Register and on a public Internet
website of the Federal CTO, an annual report that includes the
following:
(A) Information on programs to promote the
development of technological innovations.
(B) Recommendations for the adoption of policies to
encourage the generation of technological innovations.
(C) Information on the activities and
accomplishments of the Office in the year covered by
the report.
(2) Submission.--The Federal CTO shall submit each report
under paragraph (1) to--
(A) the President;
(B) the Committee on Oversight and Government
Reform of the House of Representatives;
(C) the Committee on Science and Technology of the
House of Representatives; and
(D) the Committee on Commerce, Science, and
Transportation of the Senate.
TITLE XVIII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.
SEC. 1802. 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. 1803. 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 1806(a), after receipt of
certification pursuant to section 1804(b)(8) and in accordance with the
provisions of this title, the Secretary of the Treasury shall make
payments as follows:
(1) Residents injured.--The Secretary shall pay compensable
Guam victims who are not deceased before any payments are made
to individuals described in paragraphs (2) and (3) 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) and before payments are made under paragraph (3).
(3) Survivors of deceased injured residents.--In the case
of a compensable Guam victim who is deceased, the Secretary
shall pay $7,000 for distribution to eligible survivors of the
victim as specified in subsection (b). The Secretary shall make
payments under this paragraph after payments are made under
paragraphs (1) and (2).
(b) Distribution of Survivor Payments.--Payments under paragraph
(2) or (3) of subsection (a) to eligible survivors of an individual who
is a compensable Guam decedent or a compensable Guam victim who is
deceased 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 parents (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
1804(a)(1) 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
1804(a)(1) 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. 1804. 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 1803.
(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 1803 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 1803 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 1803.
(9) Treatment of affidavits.--For purposes of section 1803
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
1803(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 1803 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. 1805. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to section 1806(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 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. 1806. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For
purposes of carrying out sections 1803 and 1804, there are authorized
to be appropriated $126,000,000, to remain available for obligation
until September 30, 2013, 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 1805, there are authorized to be appropriated $5,000,000, to
remain available for obligation until September 30, 2013.
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 3 Years.--Except as provided
in subsection (b), all authorizations contained in titles XXI through
XXVII and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2014.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2014 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall
take effect on the later of--
(1) October 1, 2010; or
(2) the date of the enactment of this Act.
SEC. 2004. GENERAL REDUCTION ACROSS DIVISION.
(a) Reduction.--Of the amounts provided in the authorizations of
appropriations in this division, the overall authorization of
appropriations in this division is reduced by $441,096,000.
(b) Report on Application.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report describing how the
reduction required by subsection (a) is applied.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS
AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and subject to
the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
------------------------------------------------------------------------
Army: Military Construction Inside the United States (Amounts Are
Specified In Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
AK Fort Urban Assault 3,350 3,350
Wainwright... Course.........
AK Fort Multipurpose 12,200 12,200
Richardson... Machine Gun
Range..........
AK Fort Greely... Fire Station.... 26,000 26,000
AK Fort Aviation Task 27,000 27,000
Wainwright... Force Complex,
Ph 2B (Company
Ops Facility)..
AK Fort Simulations 34,000 34,000
Richardson... Center.........
AK Fort Brigade Complex, 67,038 67,038
Richardson... Ph 1...........
AK Fort Aviation Task 142,650 142,650
Wainwright... Force Complex,
Ph 2A (Hangar).
AL Fort Rucker... Training Aids 4,650 4,650
Center.........
AL Fort Rucker... Aviation 29,000 29,000
Component
Maintenance
Shop...........
AL Fort Rucker... Aviation 36,000 36,000
Maintenance
Facility.......
CA Presidio Satellite 38,000 38,000
Monterey..... Communications
Facility.......
CA Presidio General 39,000 39,000
Monterey..... Instruction
Building.......
CA Presidio Advanced 63,000 63,000
Monterey..... Individual
Training
Barracks.......
CO Fort Carson... Automated Sniper 3,650 3,650
Field Fire
Range..........
CO Fort Carson... Battalion 6,700 6,700
Headquarters...
CO Fort Carson... Simulations 40,000 40,000
Center.........
CO Fort Carson... Brigade Complex. 56,000 56,000
FL Eglin AB...... Chapel.......... 6,900 6,900
FL US Army Commissary...... 19,000 19,000
Garrison
Miami........
FL Miami-Dade Command & 41,000 41,000
County....... Control
Facility.......
GA Fort Stewart.. Modified Record 3,750 3,750
Fire Range.....
GA Fort Gordon... Training Aids 4,150 4,150
Center.........
GA Fort Stewart.. Automated 6,200 6,200
Infantry
Platoon Battle
Course.........
GA Fort Stewart.. Training Aids 7,000 7,000
Center.........
GA Fort Stewart.. General 8,200 8,200
Instruction
Building.......
GA Fort Stewart.. Automated 9,100 9,100
Multipurpose
Machine Gun
Range..........
GA Fort Benning.. Land Acquisition 12,200 12,200
GA Fort Benning.. Training 14,600 14,600
Battalion
Complex, Ph 2..
GA Fort Benning.. Training 14,600 14,600
Battalion
Complex, Ph 2..
GA Fort Stewart.. Battalion 18,000 18,000
Complex........
GA Fort Stewart.. Simulations 26,000 26,000
Center.........
GA Fort Benning.. Museum 32,000 32,000
Operations
Support
Building.......
GA Fort Stewart.. Aviation Unit 47,000 47,000
Operations
Complex........
GA Fort Benning.. Trainee 51,000 51,000
Barracks, Ph 2.
GA Fort Benning.. Vehicle 53,000 53,000
Maintenance
Shop...........
HI Fort Shafter.. Flood Mitigation 23,000 23,000
HI Schofield Training Aids 24,000 24,000
Barracks..... Center.........
HI Tripler Army Barracks........ 28,000 28,000
Medical
Center.......
HI Fort Shafter.. Command & 58,000 58,000
Control
Facility, Ph 1.
HI Schofield Barracks........ 90,000 90,000
Barracks.....
HI Schofield Barracks........ 98,000 98,000
Barracks.....
KS Fort Riley.... Automated 4,100 4,100
Infantry Squad
Battle Course..
KS Fort Vehicle 7,100 7,100
Leavenworth.. Maintenance
Shop...........
KS Fort Riley.... Known Distance 7,200 7,200
Range..........
KS Fort Riley.... Automated 14,800 14,800
Qualification/
Training Range.
KS Fort Riley.... Battalion 31,000 31,000
Complex, Ph 1..
KY Fort Campbell. Automated Sniper 1,500 1,500
Field Fire
Range..........
KY Fort Campbell. Urban Assault 3,300 3,300
Course.........
KY Fort Campbell. Rappelling 5,600 5,600
Training Area..
KY Fort Knox..... Access Corridor 6,000 6,000
Improvements...
KY Fort Knox..... Military 12,800 12,800
Operation Urban
Terrain
Collective
Training
Facility.......
KY Fort Campbell. Vehicle 15,500 15,500
Maintenance
Shop...........
KY Fort Campbell. Company 25,000 25,000
Operations
Facilities.....
KY Fort Campbell. Unit Operations 26,000 26,000
Facilities.....
KY Fort Campbell. Brigade Complex. 67,000 67,000
LA Fort Polk..... Heavy Sniper 4,250 4,250
Range..........
LA Fort Polk..... Land Acquisition 6,000 6,000
LA Fort Polk..... Land Acquisition 24,000 24,000
LA Fort Polk..... Barracks........ 29,000 29,000
MD Fort Meade.... Indoor Firing 7,600 7,600
Range..........
MD Aberdeen Auto Tech 14,600 14,600
Proving Evaluate
Ground....... Facility, Ph 2.
MD Fort Meade.... Wideband SATCOM 25,000 25,000
Operations
Center.........
MO Fort Leonard General 7,000 7,000
Wood......... Instruction
Building.......
MO Fort Leonard Brigade 12,200 12,200
Wood......... Headquarters...
MO Fort Leonard Information 15,500 15,500
Wood......... Systems
Facility.......
MO Fort Leonard Training 19,000 19,000
Wood......... Barracks.......
MO Fort Leonard Barracks........ 29,000 29,000
Wood.........
MO Fort Leonard Transient 29,000 29,000
Wood......... Advanced
Trainee
Barracks, Ph 2.
NC Fort Bragg.... Vehicle 7,500 7,500
Maintenance
Shop...........
NC Fort Bragg.... Dining Facility. 11,200 11,200
NC Fort Bragg.... Company 12,600 12,600
Operations
Facilities.....
NC Fort Bragg.... Staging Area 14,600 14,600
Complex........
NC Fort Bragg.... Murchison Road 17,000 17,000
Right of Way
Acquisition....
NC Fort Bragg.... Student Barracks 18,000 18,000
NC Fort Bragg.... Brigade Complex. 25,000 25,000
NC Fort Bragg.... Vehicle 28,000 28,000
Maintenance
Shop...........
NC Fort Bragg.... Battalion 33,000 33,000
Complex........
NC Fort Bragg.... Brigade Complex. 41,000 41,000
NC Fort Bragg.... Brigade Complex. 50,000 50,000
NC Fort Bragg.... Command and 53,000 53,000
Control
Facility.......
NM White Sands... Barracks........ 29,000 29,000
NY U.S. Military Urban Assault 1,700 1,700
Academy...... Course.........
NY Fort Drum..... Alert Holding 6,700 6,700
Area Facility..
NY Fort Drum..... Infantry Squad 8,200 8,200
Battle Course..
NY Fort Drum..... Aircraft Fuel 14,600 14,600
Storage Complex
NY Fort Drum..... Aircraft 16,500 16,500
Maintenance
Hangar.........
NY Fort Drum..... Training Aids 18,500 18,500
Center.........
NY Fort Drum..... Brigade Complex, 55,000 55,000
Ph 1...........
NY Fort Drum..... Transient 55,000 55,000
Training
Barracks.......
NY Fort Drum..... Battalion 61,000 61,000
Complex........
NY U.S. Military Science 130,624 130,624
Academy...... Facility, Ph 2.
OK McAlester..... Igloo Storage, 3,000 3,000
Depot Level....
OK Fort Sill..... Museum 12,800 12,800
Operations
Support
Building.......
OK Fort Sill..... General Purpose 13,800 13,800
Storage
Building.......
SC Fort Jackson.. Training Aids 17,000 17,000
Center.........
SC Fort Jackson.. Trainee Barracks 28,000 28,000
SC Fort Jackson.. Trainee Barracks 46,000 46,000
Complex, Ph 1..
TX Fort Bliss.... Light Demolition 2,100 2,100
Range..........
TX Fort Hood..... Live Fire 2,100 2,100
Exercise
Shoothouse.....
TX Fort Hood..... Urban Assault 2,450 2,450
Course.........
TX Fort Bliss.... Urban Assault 2,800 2,800
Course.........
TX Fort Bliss.... Squad Defense 3,000 3,000
Range..........
TX Fort Bliss.... Live Fire 3,150 3,150
Exercise
Shoothouse.....
TX Fort Hood..... Convoy Live Fire 3,200 3,200
TX Fort Bliss.... Heavy Sniper 3,500 3,500
Range..........
TX Fort Hood..... Company 4,300 4,300
Operations
Facilities.....
TX Fort Sam Training Aids 6,200 6,200
Houston...... Center.........
TX Fort Bliss.... Automated 6,700 6,700
Multipurpose
Machine Gun
Range..........
TX Fort Bliss.... Vehicle Bridge 8,700 8,700
Overpass.......
TX Corpus Christi Rotor Blade 13,400 13,400
NAS.......... Processing
Facility, Ph 2.
TX Fort Bliss.... Indoor Swimming 15,500 15,500
Pool...........
TX Fort Bliss.... Scout/ 15,500 15,500
Reconnaissance
Crew Engagement
Gunnery Complex
TX Fort Sam Simulations 16,000 16,000
Houston...... Center.........
TX Fort Bliss.... Theater High 17,500 17,500
Altitude Area
Defense Battery
Complex........
TX Fort Bliss.... Company 18,500 18,500
Operations
Facilities.....
TX Fort Bliss.... Digital 22,000 22,000
Multipurpose
Training Range.
TX Fort Bliss.... Transient 31,000 31,000
Training
Complex........
TX Fort Hood..... Brigade Complex. 38,000 38,000
TX Fort Hood..... Battalion 40,000 40,000
Complex........
TX Fort Hood..... Unmanned Aerial 55,000 55,000
System Hangar..
VA Fort A.P. Hill Known Distance 3,800 3,800
Range..........
VA Fort A.P. Hill Light Demolition 4,100 4,100
Range..........
VA Fort Lee...... Company 4,900 4,900
Operations
Facility.......
VA Fort Lee...... Training Aids 5,800 5,800
Center.........
VA Fort A.P. Hill Indoor Firing 6,200 6,200
Range..........
VA Fort Lee...... Automated 7,700 7,700
Qualification
Training Range.
VA Fort A.P. Hill 1200 Meter Range 14,500 14,500
VA Fort Eustis... Warrior in 18,000 18,000
Transition
Complex........
VA Fort Lee...... Museum 30,000 30,000
Operations
Support
Building.......
VA Fort A.P. Hill Military 65,000 65,000
Operation Urban
Terrain
Collective
Training
Facility.......
WA Yakima........ Sniper Field 3,750 3,750
Fire Range.....
WA Fort Lewis.... Rappelling 5,300 5,300
Training Area..
WA Fort Lewis.... Regional 16,500 16,500
Logistic
Support Complex
Warehouse......
WA Fort Lewis.... Barracks Complex 40,000 40,000
WA Fort Lewis.... Barracks........ 47,000 47,000
WA Fort Lewis.... Regional 63,000 63,000
Logistic
Support Complex
ZU Various....... Training 190,000 190,000
Barracks.......
------------------------------------------------------------------------
(b) Outside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and subject
to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
----------------------------------------------------------------------------------------------------------------
Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AF Bagram AB.................. Joint Defense Operations 2,800 2,800
Center.....................
AF Bagram AB.................. Entry Control Point......... 7,500 7,500
AF Bagram AB.................. Eastside Electrical 10,400 10,400
Distribution...............
AF Bagram AB.................. Consolidated Community 14,800 14,800
Support Area...............
AF Bagram AB.................. Barracks.................... 18,000 18,000
AF Bagram AB.................. Army Aviation HQ Facilities. 19,000 19,000
AF Bagram AB.................. Eastside Utilities 29,000 29,000
Infrastructure.............
GY Wiesbaden AB............... Command and Battle Center, 0 59,500
Incr 2.....................
GY Wiesbaden AB............... Construct New Access Control 5,100 5,100
Point......................
GY Sembach AB................. Confinement Facility........ 9,100 9,100
GY Ansbach.................... Physical Fitness Center..... 13,800 13,800
GY Grafenwoehr................ Barracks.................... 17,500 17,500
GY Ansbach.................... Vehicle Maintenance Shop.... 18,000 18,000
GY Grafenwoehr................ Barracks.................... 19,000 19,000
GY Grafenwoehr................ Barracks.................... 19,000 19,000
GY Grafenwoehr................ Barracks.................... 20,000 20,000
GY Wiesbaden AB............... Information Processing 30,400 30,400
Center.....................
GY Rhine Ordnance Barracks.... Barracks Complex............ 35,000 35,000
GY Wiesbaden AB............... Sensitive Compartmented 91,000 46,000
Information Facility Inc 1.
HO Soto Cano AB............... Barracks.................... 20,400 20,400
IT Vicenza.................... Brigade Complex - Barracks/ 0 13,000
Community, Incr 4..........
IT Vicenza.................... Brigade Complex - Operations 0 13,000
Support Facility, Incr 4...
KR Camp Walker................ Electrical System Upgrade & 19,500 19,500
Natural Gas System.........
----------------------------------------------------------------------------------------------------------------
(c) Authorization of Appropriations.--
(1) Inside the united states.--For military construction
projects inside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$3,456,462,000.
(2) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(b), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $459,800,000.
(3) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $26,450,000.
(4) Host nation support and certain services and design.--
For host nation support and architectural and engineering
services and construction design under section 2807 of title
10, United States Code, funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2010, in the total amount of $255,462,000.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--The Secretary of the Army may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, and
subject to the purpose and number of units, total amount authorized,
and authorization of appropriations specified for each project, set
forth in the following table:
----------------------------------------------------------------------------------------------------------------
Army: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Purpose of Project and Project Authorization of
Location Installation or Location Number of Units Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AK Fort Wainwright........... Family Housing Replacement 21,000 21,000
Construction (110 units).
GY Baumholder................ Family Housing Replacement 34,329 34,329
Construction (64 units)..
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--The Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $2,040,000.
(c) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, the Secretary of the Army
may improve existing military family housing units in an amount not to
exceed $35,000,000.
(d) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30,
2010--
(1) for construction and acquisition, planning and design,
and improvement of military family housing and facilities
authorized by subsections (a), (b), and (c) in the total amount
of $92,369,000; and
(2) for support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), in the total amount of $518,140,000.
SEC. 2103. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION FUNDS IN
CONJUNCTION WITH FUNDS PROVIDED BY THE COMMONWEALTH OF
VIRGINIA TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECT.
(a) Fire Station at Fort Belvoir, Virginia.--Section 2836(d) of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1314), as most recently amended by
section 2849 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2486), is further
amended--
(1) in paragraph (2), by inserting ``through a project for
construction of an Army standard-design, two-company fire
station at Fort Belvoir, Virginia,'' after ``Building 191'';
and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may use up to $3,900,000 of available,
unobligated Army military construction funds appropriated for a fiscal
year before fiscal year 2011, in conjunction with the funds provided
under paragraph (1), for the project described in paragraph (2).''.
(b) Congressional Notification.--The Secretary of the Army shall
provide information, in accordance with section 2851(c) of title 10,
United States Code, regarding the project described in the amendment
made by subsection (a). If it becomes necessary to exceed the estimated
project cost of $8,780,000, including $4,880,000 contributed by the
Commonwealth of Virginia, the Secretary shall utilize the authority
provided by section 2853 of such title regarding authorized cost and
scope of work variations.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.
The table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4661) is amended by striking ``Katterbach'' and
inserting ``Grafenwoehr''.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2628) for Fort Riley,
Kansas, for construction of a Brigade Complex at the installation, the
Secretary of the Army may construct up to a 40,100 square-feet brigade
headquarters consistent with the Army's construction guidelines for
brigade headquarters.
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2011, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Stewart............. Unit Operations Facilities.. $16,000,000
Hawaii................................ Schofield Barracks....... Tactical Vehicle Wash $10,200,000
Facility.
Barracks Complex............ $51,000,000
Louisiana............................. Fort Polk................ Brigade 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
AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and subject to
the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
------------------------------------------------------------------------
Navy: Military Construction Inside the United States (Amounts Are
Specified In Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
AL Mobile........ T-6 Outlying 29,082 29,082
Landing Field..
AZ Yuma.......... Aircraft 40,600 40,600
Maintenance
Hangar.........
AZ Yuma.......... Aircraft 63,280 63,280
Maintenance
Hangar.........
AZ Yuma.......... Communications 63,730 63,730
Infrastructure
Upgrade........
AZ Yuma.......... Intermediate 21,480 21,480
Maintenance
Activity
Facility.......
AZ Yuma.......... Simulator 36,060 36,060
Facility.......
AZ Yuma.......... Utilities 44,320 44,320
Infrastructure
Upgrades.......
AZ Yuma.......... Van Pad Complex 15,590 15,590
Relocation.....
CA Coronado NB... Maritime 6,890 6,890
Expeditionary
Security Group-
One (MESG-1)
Consolidated
Boat
Maintenance
Facility.......
CA Monterey NSA.. International 11,960 11,960
Academic
Instruction
Building.......
CA Camp Pendleton Bachelor 42,864 42,864
Enlisted
Quarters - 13
Area...........
CA Camp Pendleton Bachelor 37,020 37,020
Enlisted
Quarters - Las
Flores.........
CA Camp Pendleton Center for Naval 66,110 66,110
Aviation
Technical
Training/Fleet
Replacement
Squadron -
Aviation
Training and
Bachelor
Enlisted
Quarters.......
CA Camp Pendleton Conveyance/Water 100,700 100,700
Treatment......
CA Camp Pendleton Marine Aviation 48,230 48,230
Logistics
Squadron-39
Maintenance
Hangar
Expansion......
CA Camp Pendleton Marine Corps 9,950 9,950
Energy
Initiative.....
CA Camp Pendleton North Region 0 30,000
Tert Treat
Plant
(Incremented)..
CA Camp Pendleton Small Arms 3,760 3,760
Magazine -
Edson Range....
CA Camp Pendleton Truck Company 53,490 53,490
Operations
Complex........
CA Coronado...... Rotary Hangar... 67,160 67,160
CA Miramar....... Aircraft 90,490 90,490
Maintenance
Hangar.........
CA Miramar....... Hangar 4........ 33,620 33,620
CA Miramar....... Parking Apron/ 66,500 66,500
Taxiway
Expansion......
CA San Diego..... Bachelor 75,342 75,342
Enlisted
Quarters,
Homeport Ashore
CA San Diego..... Berthing Pier 12 108,414 108,414
Replace &
Dredging, Ph 1.
CA San Diego..... Marine Corps 9,950 9,950
Energy
Initiative.....
CA Twentynine Bachelor 53,158 53,158
Palms........ Enlisted
Quarters &
Parking
Structure......
FL Panama City Purchase 9 Acres 5,960 5,960
NSA..........
FL Blount Island. Consolidated 17,260 17,260
Warehouse
Facility.......
FL Blount Island. Container 5,990 5,990
Staging and
Loading Lot....
FL Blount Island. Container 4,910 4,910
Storage Lot....
FL Blount Island. Hardstand 17,930 17,930
Extension......
FL Blount Island. Paint and Blast 18,840 18,840
Facility.......
FL Blount Island. Washrack 9,690 9,690
Expansion......
FL Tampa......... Joint Comms 2,300 2,300
Support Element
Vehicle Paint
Facility.......
GA Albany MCLB... Maintenance 5,180 5,180
Center Test
Firing Range...
GA Kings Bay..... Security Enclave 45,004 45,004
& Vehicle
Barriers.......
GA Kings Bay..... Waterfront 15,660 15,660
Emergency Power
HI Camp Smith.... Physical Fitness 29,960 29,960
Center.........
HI Kaneohe Bay... Bachelor 90,530 90,530
Enlisted
Quarters.......
HI Kaneohe Bay... Waterfront 19,130 19,130
Operations
Facility.......
HI Pearl Harbor.. Center for 9,140 9,140
Disaster Mgt/
Humanitarian
Assistance.....
HI Pearl Harbor.. Joint POW/MIA 99,328 99,328
Accounting
Command........
MD Patuxent River Atlantic Test 10,160 10,160
NAS.......... Range Addition.
MD Indian Head... Agile Chemical 34,238 34,238
Facility, Ph 2.
MD Patuxent River Broad Area 42,211 42,211
Maritime
Surveillance &
E Facility.....
ME Portsmouth NSY Structural Shops 11,910 11,910
Addition, Ph 1.
NC Camp Lejeune.. 2nd Intel 90,270 90,270
Battalion
Maintenance/Ops
Complex........
NC Camp Lejeune.. Armory- II MEF - 12,280 12,280
Wallace Creek..
NC Camp Lejeune.. Bachelor 40,780 40,780
Enlisted
Quarters -
Courthouse Bay.
NC Camp Lejeune.. Bachelor 42,330 42,330
Enlisted
Quarters -
Courthouse Bay.
NC Camp Lejeune.. Bachelor 43,640 43,640
Enlisted
Quarters -
French Creek...
NC Camp Lejeune.. Bachelor 55,350 55,350
Enlisted
Quarters -
Rifle Range....
NC Camp Lejeune.. Bachelor 51,660 51,660
Enlisted
Quarters -
Wallace Creek..
NC Camp Lejeune.. Bachelor 46,290 46,290
Enlisted
Quarters -
Wallace Creek
North..........
NC Camp Lejeune.. Bachelor 46,550 46,550
Enlisted
Quarters - Camp
Johnson........
NC Camp Lejeune.. Explosive 7,420 7,420
Ordnance
Disposal Unit
Addition - 2nd
Marine
Logistics Group
NC Camp Lejeune.. Hangar.......... 73,010 73,010
NC Camp Lejeune.. Maintenance 74,260 74,260
Hangar.........
NC Camp Lejeune.. Maintenance/Ops 36,100 36,100
Complex - 2ND
Air Naval
Gunfire Liaison
Company........
NC Camp Lejeune.. Marine Corps 9,950 9,950
Energy
Initiative.....
NC Camp Lejeune.. Mess Hall - 25,960 25,960
French Creek...
NC Camp Lejeune.. Mess Hall 2,553 2,553
Addition -
Courthouse Bay.
NC Camp Lejeune.. Motor 18,470 18,470
Transportation/
Communications
Maintenance
Facility.......
NC Camp Lejeune.. Utility 56,470 56,470
Expansion -
Hadnot Point...
NC Camp Lejeune.. Utility 56,050 56,050
Expansion -
French Creek...
NC Cherry Point Bachelor 42,500 42,500
Marine Corps Enlisted
Air Station.. Quarters.......
NC Cherry Point Mariners Bay 3,790 3,790
Marine Corps Land
Air Station.. Acquisition -
Bogue..........
NC Cherry Point Missile Magazine 13,420 13,420
Marine Corps
Air Station..
NC Cherry Point Station 5,800 5,800
Marine Corps Infrastructure
Air Station.. Upgrades.......
RI Newport....... Electromagnetic 27,007 27,007
Facility.......
SC Beaufort...... Air Installation 21,190 21,190
Compatible Use
Zone Land
Acquisition....
SC Beaufort...... Aircraft Hangar. 46,550 46,550
SC Beaufort...... Physical Fitness 15,430 15,430
Center.........
SC Beaufort...... Training and 46,240 46,240
Simulator
Facility.......
TX Kingsville NAS Youth Center.... 2,610 2,610
VA Norfolk....... Pier 9 & 10 2,400 2,400
Upgrades for
DDG 1000.......
VA Norfolk....... Pier 1 Upgrades 10,035 10,035
to Berth USNS
Comfort........
VA Portsmouth.... Ship Repair Pier 0 100,000
Replacement....
VA Quantico...... Academic 12,080 12,080
Facility
Addition -
Staff Non
Commissioned
Officer Academy
VA Quantico...... Bachelor 37,810 37,810
Enlisted
Quarters.......
VA Quantico...... Research Center 37,920 37,920
Addition - MCU.
VA Quantico...... Student Officer 55,822 55,822
Quarters - The
Basic School...
WA Kitsap NB..... Charleston Gate 6,150 6,150
ECP
Improvements...
WA Bangor........ Commander 16,170 16,170
Submarine
Development
Squadron 5
Laboratory
Expansion Ph1..
WA Bangor........ Limited Area 15,810 15,810
Emergency Power
WA Bangor........ Waterfront 24,913 24,913
Restricted Area
Emergency Power
WA Bremerton..... Limited Area 0 19,116
Product/STRG
Complex
(incremented)..
------------------------------------------------------------------------
(b) Outside the United States.--The Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and subject
to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
----------------------------------------------------------------------------------------------------------------
Navy: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
BI SW Asia.................... Navy Central Command 89,280 89,280
Ammunition Magazines.......
BI SW Asia.................... Operations and Support 60,002 60,002
Facilities.................
BI SW Asia.................... Waterfront Development, Ph 3 63,871 63,871
DJ Camp Lemonier.............. Camp Lemonier HQ Facility... 12,407 12,407
DJ Camp Lemonier.............. General Warehouse........... 7,324 7,324
DJ Camp Lemonier.............. Horn of Africa Joint 28,076 28,076
Operations Center..........
DJ Camp Lemonier.............. Pave External Roads......... 3,824 3,824
JA Atsugi..................... MH-60R/S Trainer Facility... 6,908 6,908
ML Guam....................... Anderson AFB North Ramp 0 93,588
Parking, Ph 1, Inc 2.......
ML Guam....................... Anderson AFB North Ramp 0 79,350
Utilities, Ph 1, Inc 2.....
ML Guam....................... Apra Harbor Wharves 0 40,000
Improvements, Ph 1.........
ML Guam....................... Defense Access Roads 66,730 66,730
Improvements...............
ML Guam....................... Finegayan Site Prep and 147,210 147,210
Utilities..................
SP Rota....................... Air Traffic Control Tower... 23,190 23,190
----------------------------------------------------------------------------------------------------------------
(c) Authorization of Appropriations.--
(1) Inside the united states.--For military construction
projects inside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$3,077,237,000.
(2) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(b), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $721,760,000.
(3) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $20,877,000.
(4) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $121,765,000. None of the funds appropriated pursuant
to this authorization of appropriations may be used for
architectural and engineering services and construction design
of any military construction project necessary to establish a
homeport for a nuclear-powered aircraft carrier at Naval
Station Mayport, Florida.
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--The Secretary of the Navy may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, and
subject to the purpose and number of units, total amount authorized,
and authorization of appropriations specified for each project, set
forth in the following table:
----------------------------------------------------------------------------------------------------------------
Navy: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Purpose of Project and Project Authorization of
Location Installation or Location Number of Units Amount Appropriations
----------------------------------------------------------------------------------------------------------------
GB Guantanamo Bay............ Replace GTMO Housing...... 37,169 37,169
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--The Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $3,255,000.
(c) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, the Secretary of the Navy
may improve existing military family housing units in an amount not to
exceed $146,020,000.
(d) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30,
2010--
(1) for construction and acquisition, planning and design,
and improvement of military family housing and facilities
authorized by subsections (a), (b), and (c) in the total amount
of $186,444,000; and
(2) for support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), in the total amount of $366,346,000.
SEC. 2203. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT FISCAL YEAR
2010 PROJECT.
Section 2204 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2634), is
amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(14) For the construction of the first increment of a
tertiary water treatment plant at Marine Corps Base, Camp
Pendleton, California, authorized by section 2201(a),
$112,330,000.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(7) $30,000,000 (the balance of the amount authorized
under section 2201(a) for North Region Tertiary Treatment
Plant, Camp Pendleton, California).''.
SEC. 2204. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act
(122 Stat. 511), shall remain in effect until October 1, 2011, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide............................. Unspecified.............. Host Nation Infrastructure.. $2,700,000
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and subject to
the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
------------------------------------------------------------------------
Air Force: Military Construction Inside the United States (Amounts Are
Specified In Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
AK Eielson AFB... Repair Central 28,000 28,000
Heat Plant &
Power Plant
Boilers........
AK Elmendorf AFB. Add/Alter Air 4,749 4,749
Support
Operations
Squadron
Training.......
AK Elmendorf AFB. Construct 15,000 15,000
Railhead
Operations
Facility.......
AK Elmendorf AFB. F-22 Add/Alter 10,525 10,525
Weapons Release
Systems Shop...
AL Maxwell AFB... ADAL Air 13,400 13,400
University
Library........
AZ Davis-Monthan Aerospace 25,000 25,000
AFB.......... Maintenance and
Regeneration
Group Hangar...
AZ Davis-Monthan HC-130 Aerospace 4,600 4,600
AFB.......... Ground
Equipment
Maintenance
Facility.......
AZ Davis-Monthan HC-130J Aerial 10,700 10,700
AFB.......... Cargo Facility.
AZ Davis-Monthan HC-130J Parts 8,200 8,200
AFB.......... Store..........
AZ Fort Huachuca. Total Force 11,000 11,000
Integration-
Predator Launch
and Recovery
Element Beddown
CA Los Angeles Parking Garage, 4,500 4,500
AFB.......... Ph 2...........
CO Buckley AFB... Security Forces 12,160 12,160
Operations
Facility.......
CO Peterson AFB.. Rapid Attack 24,800 24,800
Identification
Detection
Repair System
Space Control
Facility.......
CO U.S. Air Force Const Center for 27,600 27,600
Academy...... Character &
Leadership
Development....
DC Bolling AFB... Joint Air 13,200 13,200
Defense
Operations
Center.........
DE Dover AFB..... C-5M/C-17 3,200 3,200
Maintenance
Training
Facility, Ph 2.
FL Eglin AFB..... F-35 Fuel Cell 11,400 11,400
Maintenance
Hangar.........
FL Hurlburt Field ADAL Special 6,170 6,170
Operations
School Facility
FL Hurlburt Field Add to Visiting 4,500 4,500
Quarters (24
Rm)............
FL Hurlburt Field Base Logistics 24,000 24,000
Facility.......
FL Patrick AFB... Air Force 158,009 79,009
Technical
Application
Center.........
GA Robins AFB.... Warehouse....... 5,500 5,500
LA Barksdale AFB. Weapons Load 18,140 18,140
Crew Training
Facility.......
MO Whiteman AFB.. Consolidated Air 23,500 23,500
Ops Facility...
NC Pope AFB...... Crash/Fire/ 13,500 13,500
Rescue Station.
ND Minot AFB..... Control Tower/ 18,770 18,770
Base Operations
Facility.......
NJ McGuire AFB... Base Ops/Command 8,000 8,000
Post Facility
(TFI)..........
NJ McGuire AFB... Dormitory (120 18,440 18,440
RM)............
NM Holloman AFB.. Parallel 8,000 8,000
Taxiway, Runway
07/25..........
NM Kirtland AFB.. Replace Fire 6,800 6,800
Station........
NM Cannon AFB.... Dormitory (96 14,000 14,000
rm)............
NM Cannon AFB.... UAS Squadron Ops 20,000 20,000
Facility.......
NM Holloman AFB.. UAS Add/Alter 15,470 15,470
Maintenance
Hangar.........
NM Holloman AFB.. UAS Maintenance 22,500 22,500
Hangar.........
NM Kirtland AFB.. Aerial Delivery 3,800 3,800
Facility
Addition.......
NM Kirtland AFB.. Armament Shop... 6,460 6,460
NM Kirtland AFB.. H/MC-130 Fuel 14,142 14,142
System
Maintenance
Facility.......
NV Creech AFB.... UAS Airfield 11,710 11,710
Fire/Crash
Rescue Station.
NV Nellis AFB.... F-35 Add/Alter 7,870 7,870
422 Test
Evaluation
Squadron
Facility.......
NV Nellis AFB.... F-35 Add/Alter 1,900 1,900
Flight Test
Instrumentation
Facility.......
NV Nellis AFB.... F-35 Flight 13,110 13,110
Simulator
Facility.......
NV Nellis AFB.... F-35 Maintenance 28,760 28,760
Hangar.........
NY Fort Drum..... 20th Air Support 20,440 20,440
Operations
Squadron
Complex........
OK Tinker AFB.... Upgrade Building 14,000 14,000
3001
Infrastructure,
Ph 3...........
SC Charleston AFB Civil Engineer 15,000 15,000
Complex (TFI) -
Ph 1...........
TX Laughlin AFB.. Community Event 10,500 10,500
Complex........
TX Dyess AFB..... C-130J Add/Alter 4,080 4,080
Flight
Simulator
Facility.......
TX Ellington Upgrade Unmanned 7,000 7,000
Field........ Aerial Vehicle
Maintenance
Hangar.........
TX Lackland AFB.. Basic Military 32,000 32,000
Training
Satellite
Classroom/
Dining Facility
No 2...........
TX Lackland AFB.. One-Company Fire 5,500 5,500
Station........
TX Lackland AFB.. Recruit 67,980 67,980
Dormitory, Ph 3
TX Lackland AFB.. Recruit/Family 21,800 21,800
Inprocessing &
Info Center....
UT Hill AFB...... F-22 T-10 Engine 2,800 2,800
Test Cell......
VA Langley AFB... F-22 Add/Alter 8,800 8,800
Hangar Bay LO/
CR Facility....
WY Camp Guernsey. Nuclear/Space 4,650 4,650
Security
Tactics
Training Center
------------------------------------------------------------------------
(b) Outside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and subject
to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
----------------------------------------------------------------------------------------------------------------
Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AF Bagram AFB................. Consolidated Rigging 9,900 9,900
Facility...................
AF Bagram AFB................. Fighter Hangar.............. 16,480 16,480
AF Bagram AFB................. MEDEVAC Ramp Expansion/Fire 16,580 16,580
Station....................
BI SW Asia.................... North Apron Expansion....... 45,000 45,000
GU Andersen AFB............... Combat Communications 9,200 9,200
Operations Facility........
GU Andersen AFB............... Commando Warrior Open Bay 11,800 11,800
Student Barracks...........
GU Andersen AFB............... Guam Strike Ops Group & 9,100 9,100
Tanker Task Force..........
GU Andersen AFB............... Guam Strike South Ramp 12,200 12,200
Utilities, Ph 1............
GU Andersen AFB............... Red Horse Headquarters/ 8,000 8,000
Engineering Facility.......
GY Kapaun..................... Dormitory (128 RM).......... 19,600 19,600
GY Ramstein AB................ Unmanned Aerial System 10,800 10,800
Satellite Communication
Relay Pads & Facility......
GY Ramstein AFB............... Construct C-130J Flight 8,800 8,800
Simulator Facility.........
GY Ramstein AFB............... Deicing Fluid Storage & 2,754 2,754
Dispensing Facility........
GY Vilseck.................... Air Support Operations 12,900 12,900
Squadron Complex...........
IT Aviano AFB................. Air Support Operations 10,200 10,200
Squadron Facility..........
IT Aviano AFB................. Dormitory (144 RM).......... 19,000 19,000
KR Kunsan AFB................. Construct Distributed 7,500 7,500
Mission Training Flight
Simulator Facility.........
QA Al Udeid................... Blatchford-Preston Complex 62,300 62,300
Ph 2.......................
UK Royal Air Force Mildenhall. Extend Taxiway Alpha........ 15,000 15,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--The Secretary of the Air Force may
acquire real property and carry out military construction projects at
various unspecified installations or locations, and subject to the
purpose, total amount authorized, and authorization of appropriations
specified for each project, set forth in the following table:
----------------------------------------------------------------------------------------------------------------
Air Force: Unspecified Worldwide (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
ZU Unspecified Worldwide F-35 Academic Training 54,150 54,150
Locations................. Center.....................
ZU Unspecified Worldwide F-35 Flight Simulator 12,190 12,190
Locations................. Facility...................
ZU Various Worldwide Locations F-35 Squadron Operations 10,260 10,260
Facility...................
----------------------------------------------------------------------------------------------------------------
(d) Authorization of Appropriations.--
(1) Inside the united states.--For military construction
projects inside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$836,635,000.
(2) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(b), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $307,114,000.
(3) Unspecified worldwide.--For the military construction
projects at unspecified worldwide locations authorized by
subsection (c), funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2010, in the
total amount of $76,600,000.
(4) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $21,000,000.
(5) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $74,424,000.
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--The Secretary of the Air Force
may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or
locations, and subject to the purpose and number of units, total amount
authorized, and authorization of appropriations specified for each
project, set forth in the following table:
----------------------------------------------------------------------------------------------------------------
Air Force: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Purpose of Project and Project Authorization of
Location Installation or Location Number of Units Amount Appropriations
----------------------------------------------------------------------------------------------------------------
ZU Various Worldwide Classified Project........ 50 50
locations................
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--The Secretary of the Air Force may carry
out architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $4,225,000.
(c) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, the Secretary of the Air
Force may improve existing military family housing units in an amount
not to exceed $73,750,000.
(d) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30,
2010--
(1) for construction and acquisition, planning and design,
and improvement of military family housing and facilities
authorized by subsections (a), (b), and (c) in the total amount
of $78,025,000; and
(2) for support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), in the total amount of $513,792,000.
SEC. 2303. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2007
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), authorization set forth in the
table in subsection (b), as provided in section 2302 of that Act (120
Stat. 2455) and extended by section 2306 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law 111-
84; 123 Stat. 2638), shall remain in effect until October 1, 2011, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base.................... units).....................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of Defense may acquire
real property and carry out military construction projects for the
Defense Agencies at installations or locations inside the United
States, and subject to the purpose, total amount authorized, and
authorization of appropriations specified for each project, set forth
in the following table:
------------------------------------------------------------------------
Defense Wide: Inside the United States (Amounts Are Specified In
Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
AZ Marana........ Special 6,250 6,250
Operations
Forces
Parachute
Training
Facility.......
AZ Yuma.......... Special 8,977 8,977
Operations
Forces Military
Free Fall
Simulator......
CA Point Loma Replace Storage 0 20,000
Annex........ Facility, Incr
3..............
CA Point Mugu.... Aircraft Direct 3,100 3,100
Fueling Station
CO Fort Carson... Special 3,717 3,717
Operations
Forces Tactical
Unmanned Aerial
Vehicle Hangar.
DC Bolling AFB... Replace Parking 3,000 3,000
Structure, Ph 1
FL Eglin AFB..... Special 6,030 6,030
Operations
Forces Ground
Support
Battalion
Detachment.....
GA Augusta....... National 12,855 12,855
Security Agency/
Central
Security
Service Georgia
Training
Facility.......
GA Fort Benning.. Dexter 2,800 2,800
Elementary
School
Construct Gym..
GA Fort Benning.. Special 20,441 20,441
Operations
Forces Company
Support
Facility.......
GA Fort Benning.. Special 3,624 3,624
Operations
Forces Military
Working Dog
Kennel Complex.
GA Fort Stewart.. Health Clinic 35,100 35,100
Addition/
Alteration.....
GA Hunter ANGS... Fuel Unload 2,400 2,400
Facility.......
GA Hunter Army Special 3,318 3,318
Airfield..... Operations
Forces Tactical
Equipment
Maintenance
Facility
Expansion......
HI Hickam AFB.... Alter Fuel 8,500 8,500
Storage Tanks..
HI Pearl Harbor.. Naval Special 28,804 28,804
Warfare Group 3
Command and
Operations
Facility.......
ID Mountain Home Replace Fuel 27,500 27,500
AFB.......... Storage Tanks..
IL Scott Air Field Command 1,388 1,388
Force Base... Facility
Upgrade........
KY Fort Campbell. Special 38,095 38,095
Operations
Forces
Battalion Ops
Complex........
MA Hanscom AFB... Mental Health 2,900 2,900
Clinic Addition
MD Aberdeen US Army Medical 0 105,000
Proving Research
Ground....... Institute of
Infectious
Diseases
Replacement,
Inc 3..........
MD Andrews AFB... Replace Fuel 14,000 14,000
Storage &
Distribution
Facility.......
MD Bethesda Naval National Naval 17,100 17,100
Hospital..... Medical Center
Parking
Expansion......
MD Bethesda Naval Transient 62,900 62,900
Hospital..... Wounded Warrior
Lodging........
MD Fort Detrick.. Consolidated 23,100 23,100
Logistics
Facility.......
MD Fort Detrick.. Information 4,300 4,300
Services
Facility
Expansion......
MD Fort Detrick.. National 2,700 2,700
Interagency
Biodefense
Campus Security
Fencing And
Equipment......
MD Fort Detrick.. Supplemental 3,700 3,700
Water Storage..
MD Fort Detrick.. US Army Medical 0 17,400
Research
Institute of
Infectious
Diseases -
Stage I, Inc 5.
MD Fort Detrick.. Water Treatment 11,900 11,900
Plant Repair &
Supplement.....
MD Fort Meade.... North Campus 219,360 219,360
Utility Plant..
MS Stennis Space Special 8,000 8,000
Center....... Operations
Forces Land
Acquisition, Ph
3..............
NC Camp Lejeune.. Tarawa Terrace I 16,646 16,646
Elementary
School Replace
School.........
NC Fort Bragg.... McNair 23,086 23,086
Elementary
School -
Replace School.
NC Fort Bragg.... Murray 22,000 22,000
Elementary
School -
Replace School.
NC Fort Bragg.... Special 10,347 10,347
Operations
Forces Admin/
Company
Operations.....
NC Fort Bragg.... Special 41,000 41,000
Operations
Forces C4
Facility.......
NC Fort Bragg.... Special 32,000 32,000
Operations
Forces Joint
Intelligence
Brigade
Facility.......
NC Fort Bragg.... Special 11,000 11,000
Operations
Forces
Operational
Communications
Facility.......
NC Fort Bragg.... Special 15,795 15,795
Operations
Forces
Operations
Additions......
NC Fort Bragg.... Special 13,465 13,465
Operations
Forces
Operations
Support
Facility.......
NM Cannon AFB.... Special 13,287 13,287
Operations
Forces ADD/ALT
Simulator
Facility For MC-
130............
NM Cannon AFB.... Special 12,636 12,636
Operations
Forces Aircraft
Parking Apron
(MC-130j)......
NM Cannon AFB.... Special 26,006 26,006
Operations
Forces C-130
Parking Apron
Phase I........
NM Cannon AFB.... Special 24,622 24,622
Operations
Forces Hangar/
AMU (MC-130j)..
NM Cannon AFB.... Special 39,674 39,674
Operations
Forces
Operations And
Training
Complex........
NM White Sands... Health And 22,900 22,900
Dental Clinics.
NY U.S. Military West Point MS 27,960 27,960
Academy...... Add/Alt........
OH Columbus...... Replace Public 7,400 7,400
Safety Facility
PA Def Replace 96,000 96,000
Distribution Headquarters
Depot New Facility.......
Cumberland...
TX Fort Bliss.... Hospital 0 147,100
Replacement,
Incr 2.........
TX Lackland AFB.. Ambulatory Care 162,500 162,500
Center, Ph 2...
UT Camp Williams. Comprehensive 0 398,358
National
Cybersecurity
Initiative Data
Center
Increment 2....
VA Craney Island. Replace Fuel 58,000 58,000
Pier...........
VA Fort Belvoir.. Dental Clinic 6,300 6,300
Replacement....
VA Pentagon...... Pentagon Metro & 6,473 6,473
Corridor 8
Screening
Facility.......
VA Pentagon...... Power Plant 51,928 51,928
Modernization,
Ph 3...........
VA Pentagon...... Secure Access 4,923 4,923
Lane-Remote
Vehicle
Screening......
VA Quantico...... New Consolidated 47,355 47,355
Elementary
School.........
WA Fort Lewis.... Special 4,700 4,700
Operations
Forces Military
Working Dogs
Kennel.........
WA Fort Lewis.... Preventive 8,400 8,400
Medicine
Facility.......
ZU Unspecified General -150,000
Locations.... Reduction......
------------------------------------------------------------------------
(b) Outside the United States.--The Secretary of Defense may
acquire real property and carry out military construction projects for
the Defense Agencies at the installations or locations outside the
United States, and subject to the purpose, total amount authorized, and
authorization of appropriations specified for each project, set forth
in the following table:
------------------------------------------------------------------------
Defense Wide: Outside the United States (Amounts Are Specified In
Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
BE Brussels...... NATO 31,863 31,863
Headquarters
Facility.......
BE Brussels...... Replace Shape 67,311 67,311
Middle School/
High School....
GU Agana NAS..... Hospital 0 70,000
Replacement,
Incr 2.........
GY Katterbach.... Health/Dental 37,100 37,100
Clinic
Replacement....
GY Panzer Kaserne Replace 48,968 48,968
Boeblingen High
School.........
GY Vilseck....... Health Clinic 34,800 34,800
Add/Alt........
JA Kadena AB..... Install Fuel 3,000 3,000
Filters-
Separators.....
JA Misawa AB..... Hydrant Fuel 31,000 31,000
System.........
KR Camp Carroll.. Health/Dental 19,500 19,500
Clinic
Replacement....
PR Fort Buchanan. Antilles 58,708 58,708
Elementary
School/
Intermediate
School -
Replace School.
QA Al Udeid...... Qatar Warehouse. 1,961 1,961
UK Menwith Hill Menwith Hill 2,000 2,000
Station...... Station PSC
Construction -
Generators 10 &
11.............
UK Royal Air Alconbury 30,308 30,308
Force Elementary
Alconbury.... School
Replacement....
UK Royal Air Replace Hydrant 15,900 15,900
Force Fuel
Mildenhall... Distribution
System.........
------------------------------------------------------------------------
(c) Authorization of Appropriations.--
(1) Inside the united states.--For military construction
projects inside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$1,930,120,000.
(2) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(b), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $452,419,000.
(3) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $42,856,000.
(4) Contingency construction.--For contingency construction
projects of the Secretary of Defense under section 2804 of
title 10, United States Code, funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2010, in the total amount of $10,000,000.
(5) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $434,185,000.
SEC. 2402. FAMILY HOUSING.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010--
(1) for support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), in the total amount of $50,464,000; and
(2) for credits to the Department of Defense Family Housing
Improvement Fund under section 2883 of title 10, United States
Code, and the Homeowners Assistance Fund established under
section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374), in the total amount
of $17,611,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2010,
for energy conservation projects under chapter 173 of title 10, United
States Code, $130,000,000.
(b) Availability of Funds for Reserve Component Projects.--Of the
amount authorized to be appropriated by subsection (a) for energy
conservation projects, the Secretary of Defense shall reserve a portion
of the amount for energy conservation projects for the reserve
components in an amount that is not less than an amount that bears the
same proportion to the total amount authorized to be appropriated as
the total quantity of energy consumed by reserve facilities (as defined
in section 18232(2) of title 10, United States Code) during fiscal year
2010 bears to the total quantity of energy consumed by all military
installations (as defined in section 2687(e)(1) of such title) during
that fiscal year, as determined by the Secretary.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction and land
acquisition for chemical demilitarization in the total amount of
$124,971,000, as follows:
(1) For the construction of phase 12 of a chemical
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as amended
by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839), section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4697), $65,569,000.
(2) For the construction of phase 11 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
and section 2414 of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4697), $59,402,000.
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$492,000,000'' in the amount
column and inserting ``$746,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,203,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is amended by striking
``$469,200,000'' and inserting ``$723,200,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $258,884,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the Army National Guard locations inside the United States, and subject
to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
------------------------------------------------------------------------
Army National Guard: Inside the United States (Amounts Are Specified In
Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
AR Camp Robinson. Combined Support 30,000 30,000
Maintenance
Shop...........
AR Fort Chaffee.. Combined Arms 19,000 19,000
Collective
Training
Facility.......
AR Fort Chaffee.. Live Fire Shoot 2,500 2,500
House..........
AZ Florence...... Readiness Center 16,500 16,500
CA Camp Roberts.. Combined Arms 19,000 19,000
Collective
Training
Facility.......
CO Watkins....... Parachute 3,569 3,569
Maintenance
Facility.......
CO Colorado Readiness Center 20,000 20,000
Springs......
CO Fort Carson... Regional 40,000 40,000
Training
Institute......
CO Gypsum........ High Altitude 39,000 39,000
Army Aviation
Training Site/
Army Aviation
Support
Facility.......
CO Windsor....... Readiness Center 7,500 7,500
CT Windsor Locks. Readiness Center 41,000 41,000
(Aviation).....
DE New Castle.... Armed Forces 27,000 27,000
Reserve Center
(JFHQ).........
GA Cumming....... Readiness Center 17,000 17,000
GA Dobbins ARB... Readiness Center 10,400 10,400
Add/Alt........
HI Kalaeloa...... Combined Support 38,000 38,000
Maintenance
Shop...........
ID Gowen Field... Barracks 17,500 17,500
(Operational
Readiness
Training
Complex) Ph1...
ID Mountain Home. Tactical 6,300 6,300
Unmanned
Aircraft System
Facility.......
IL Marseilles TA. Simulation 2,500 2,500
Center.........
IL Springfield... Combined Support 15,000 15,000
Maintenance
Shop Add/Alt...
KS Wichita....... Field 24,000 24,000
Maintenance
Shop...........
KS Wichita....... Readiness Center 43,000 43,000
KY Burlington.... Readiness Center 19,500 19,500
LA Fort Polk..... Tactical 5,500 5,500
Unmanned
Aircraft System
Facility.......
LA Minden........ Readiness Center 28,000 28,000
MA Hanscom AFB... Armed Forces 23,000 23,000
Reserve Center
(JFHQ) Ph2.....
MD St. Inigoes... Tactical 5,500 5,500
Unmanned
Aircraft System
Facility.......
MI Camp Grayling Combined Arms 19,000 19,000
Range........ Collective
Training
Facility.......
MN Arden Hills... Field 29,000 29,000
Maintenance
Shop...........
MN Camp Ripley... Infantry Squad 4,300 4,300
Battle Course..
MN Camp Ripley... Tactical 4,450 4,450
Unmanned
Aircraft System
Facility.......
NC Morrisville... AASF 1 Fixed 8,815 8,815
Wing Aircraft
Hangar Annex...
NC High Point.... Readiness Center 1,551 1,551
Add/Alt........
ND Camp Grafton.. Readiness Center 11,200 11,200
Add/Alt........
NE Lincoln....... Readiness Center 3,300 3,300
Add/Alt........
NE Mead.......... Readiness Center 11,400 11,400
NH Pembroke...... Barracks 15,000 15,000
Facility
(Regional
Training
Institute).....
NH Pembroke...... Classroom 21,000 21,000
Facility
(Regional
Training
Institute).....
NM Farmington.... Readiness Center 8,500 8,500
Add/Alt........
NV Las Vegas..... CST Ready 8,771 8,771
Building.......
NY Ronkonkoma.... Flightline 2,780 2,780
Rehabilitation.
OH Camp Sherman.. Maintenance 3,100 3,100
Building Add/
Alt............
RI Middletown.... Readiness Center 3,646 3,646
Add/Alt........
RI East Greenwich United States 27,000 27,000
Property &
Fiscal Office..
SD Watertown..... Readiness Center 25,000 25,000
TX Camp Maxey.... Combat Pistol/ 2,500 2,500
Military Pistol
Qualification
Course.........
TX Camp Swift.... Urban Assault 2,600 2,600
Course.........
WA Tacoma........ Combined Support 25,000 25,000
Maintenance
Shop...........
WI Wausau........ Field 12,008 12,008
Maintenance
Shop...........
WI Madison....... Aircraft Parking 5,700 5,700
WV Moorefield.... Readiness Center 14,200 14,200
WV Morgantown.... Readiness Center 21,000 21,000
WY Laramie....... Field 14,400 14,400
Maintenance
Shop...........
ZU Various....... Various......... 60,000 60,000
------------------------------------------------------------------------
(b) Outside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the Army National Guard locations outside the United States, and
subject to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
----------------------------------------------------------------------------------------------------------------
Army National Guard: Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
GU Barrigada.................. Combined Support Maint Shop 19,000 19,000
Ph1........................
PR Camp Santiago.............. Live Fire Shoot House....... 3,100 3,100
PR Camp Santiago.............. Multipurpose Machine Gun 9,200 9,200
Range......................
VI St. Croix.................. Readiness Center (JFHQ)..... 25,000 25,000
----------------------------------------------------------------------------------------------------------------
(c) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Secretary of the Army for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Army National Guard of the United States, and for contributions
therefor, under chapter 1803 of title 10, United States Code (including
the cost of acquisition of land for those facilities), in the total
amount of $1,019,902,000.
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations inside the United States, and subject to the
purpose, total amount authorized, and authorization of appropriations
specified for each project, set forth in the following table:
------------------------------------------------------------------------
Army Reserve: Inside the United States (Amounts Are Specified In
Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
CA Fairfield..... Army Reserve 26,000 26,000
Center.........
CA Fort Hunter Equipment 22,000 22,000
Liggett...... Concentration
Site Tactical
Equipment Maint
Facility.......
CA Fort Hunter Equipment 15,000 15,000
Liggett...... Concentration
Site Warehouse.
CA Fort Hunter Grenade Launcher 1,400 1,400
Liggett...... Range..........
CA Fort Hunter Hand Grenade 1,400 1,400
Liggett...... Familiarization
Range (Live)...
CA Fort Hunter Light Demolition 2,700 2,700
Liggett...... Range..........
CA Fort Hunter Tactical Vehicle 9,500 9,500
Liggett...... Wash Rack......
FL North Fort Army Reserve 13,800 13,800
Myers........ Center/Land....
FL Orlando....... Army Reserve 10,200 10,200
Center/Land....
FL Tallahassee... Army Reserve 10,400 10,400
Center/Land....
GA Macon......... Army Reserve 11,400 11,400
Center/Land....
IA Des Moines.... Army Reserve 8,175 8,175
Center.........
IL Quincy........ Army Reserve 12,200 12,200
Center/Land....
IN Michigan City. Army Reserve 15,500 15,500
Center/Land....
MA Devens Reserve Automated Record 4,700 4,700
Forces Fire Range.....
Training Area
MO Belton........ Army Reserve 11,800 11,800
Center.........
NJ Fort Dix...... Automated 9,800 9,800
Multipurpose
Machine Gun
Range..........
NM Las Cruces.... Army Reserve 11,400 11,400
Center/Land....
NY Binghamton.... Army Reserve 13,400 13,400
Center/Land....
TX Denton........ Army Reserve 12,600 12,600
Center/Land....
TX Rio Grande.... Army Reserve 6,100 6,100
Center/Land....
TX San Marcos.... Army Reserve 8,500 8,500
Center/Land....
VA Fort A.P. Hill Army Reserve 15,500 15,500
Center.........
VA Roanoke....... Army Reserve 14,800 14,800
Center/Land....
VA Fort Story.... Army Reserve 11,000 11,000
Center.........
WI Fort McCoy.... AT/MOB Billeting 9,800 9,800
Complex, Ph 1..
WI Fort McCoy.... NCO Academy, Ph 10,000 10,000
2..............
ZU Various....... Various......... 30,000 30,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Secretary of the Army for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Army Reserve, and for contributions therefor, under chapter
1803 of title 10, United States Code (including the cost of acquisition
of land for those facilities), in the total amount of $358,331,000.
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS AND
AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations inside the United
States, and subject to the purpose, total amount authorized, and
authorization of appropriations specified for each project, set forth
in the following table:
------------------------------------------------------------------------
Navy Reserve and Marine Corps Reserve: Inside the United States (Amounts
Are Specified In Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
CA Twentynine Tank Vehicle 5,991 5,991
Palms........ Maintenance
Facility.......
LA New Orleans... Joint Air 16,281 16,281
Traffic Control
Facility.......
VA Williamsburg.. Navy Ordnance 21,346 21,346
Cargo Logistics
Training Camp..
WA Yakima........ Marine Corps 13,844 13,844
Reserve Center.
ZU Various....... Various......... 15,000 15,000
ZU Various....... Various......... 15,000 15,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Secretary of the Navy for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Navy Reserve and Marine Corps Reserve, and for contributions
therefor, under chapter 1803 of title 10, United States Code (including
the cost of acquisition of land for those facilities), in the total
amount of $91,557,000.
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations inside the United States, and subject
to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
------------------------------------------------------------------------
Air National Guard: Inside the United States (Amounts Are Specified In
Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
AL Montgomery Fuel Cell And 7,472 7,472
Regional Corrosion
Airport (ANG) Control Hangar.
Base.........
AZ Davis Monthan Predator Foc- 4,650 4,650
AFB.......... Active Duty
Associate......
CO Buckely AFB... Taxiway Juliet 4,000 4,000
and Lima.......
DE New Castle Joint Forces 1,500 1,500
County Operations
Airport...... Center-Ang
Share..........
FL Jacksonville Security Forces 6,700 6,700
IAP.......... Training
Facility.......
GA Savannah/ Relocate Air 7,450 7,450
Hilton Head Supt Opers Sqdn
IAP.......... (Asos) Fac.....
HI Hickam AFB.... F-22 Beddown 5,950 5,950
Intrastructure
Support........
HI Hickam AFB.... F-22 Hangar, 48,250 48,250
Squadron
Operations And
Amu............
HI Hickam AFB.... F-22 Upgrade 17,250 17,250
Munitions
Complex........
IA Des Moines IAP Corrosion 4,750 4,750
Control Hangar.
IL Capital Map... CNAF Beddown - 16,700 16,700
Upgrade
Facilities.....
IN Hulman ASOS Beddown - 4,100 4,100
Regional Upgrade
Airport...... Facilities.....
MA Barnes ANGB... Add to Aircraft 6,000 6,000
Maintenance
Hangar.........
MD Martin State Replace Ops and 11,400 11,400
Airport...... Medical
Training
Facility.......
MN Duluth........ Load Crew 8,000 8,000
Training and
Weapon Release
Shops..........
NC Stanly County Upgrade Asos 2,000 2,000
Airport...... Facilities.....
NJ Atlantic City Fuel Cell and 8,500 8,500
IAP.......... Corrosion
Control Hangar.
NY Stewart ANGB.. Aircraft 3,750 3,750
Conversion
Facility.......
NY Fort Drum..... Reaper 2,500 2,500
Infrastructure
Support........
NY Stewart IAP... Base Defense 14,250 14,250
Group Beddown..
OH Toledo Express Replace Security 7,300 7,300
Airport...... Forces Complex.
PA State College Add to and Alter 4,100 4,100
ANGS......... AOS Facility...
SC McEntire Joint Replace 9,100 9,100
National Operations and
Guard Base... Training.......
TN Nashville IAP. Renovate Intel 5,500 5,500
Squadron
Facilities.....
ZU Various....... Various......... 50,000 50,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Secretary of the Air Force for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Air National Guard of the United States, and for contributions
therefor, under chapter 1803 of title 10, United States Code (including
the cost of acquisition of land for those facilities), in the total
amount of $292,371,000.
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Inside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve locations inside the United States, and subject
to the purpose, total amount authorized, and authorization of
appropriations specified for each project, set forth in the following
table:
------------------------------------------------------------------------
Air Force Reserve: Inside the United States (Amounts Are Specified In
Thousands of Dollars)
-------------------------------------------------------------------------
Authorization
State Installation or Purpose of Project of
Location Project Amount Appropriations
------------------------------------------------------------------------
FL Patrick AFB... Weapons 3,420 3,420
Maintenance
Facility.......
NY Niagara ARS... C-130 Flightline 9,500 9,500
Operations
Facility, Ph 1.
ZU Various....... Various......... 30,000 30,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Secretary of the Air Force for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Air Force Reserve, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the total amount of
$47,332,000.
SEC. 2606. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorizations set forth in the
table in subsection (b), as provided in sections 2601 and 2604 of that
Act (122 Stat. 527, 528), shall remain in effect until October 1, 2011,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... East Fallowfield Township Readiness Center............ $8,300,000
Vermont............................... Burlington............... Security Improvements....... $6,600,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorizations
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $360,474,000 as follows:
(1) For the Department of the Army, $73,600,000.
(2) For the Department of the Navy, $162,000,000.
(3) For the Department of the Air Force, $124,874,000.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base realignment and closure activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $2,354,285,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $2,354,285,000, as follows:
(1) For the Department of the Army, $1,012,420,000.
(2) For the Department of the Navy, $342,146,000.
(3) For the Department of the Air Force, $127,255,000.
(4) For the Defense Agencies, $872,464,000.
Subtitle B--Other Matters
SEC. 2711. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER FORT BELVOIR,
VIRGINIA, BRAC INITIATIVE.
(a) Limitation on Project Implementation.--The Secretary of the
Army may not take beneficial occupancy of more than 1,000 parking
spaces provided by the combination spaces provided by the BRAC 133
project and the lease of spaces in the immediate vicinity of the BRAC
133 project until both of the following occur:
(1) The Secretary submits to the congressional defense
committees a viable transportation plan for the BRAC 133
project.
(2) The Secretary certifies to the congressional defense
committees that construction has been completed to provide
adequate ingress to and egress from the business park at which
the BRAC 133 project is located.
(b) Viability of Transportation Plan.--To be considered a viable
transportation plan under subsection (a)(1), the transportation plan
must provide for the ingress and egress of all personnel to and from
the BRAC 133 project site without further reducing the level of service
at the following six intersections:
(1) The intersection of Beauregard Street and Mark Center
Drive.
(2) The intersection of Beauregard Street and Seminary
Road.
(3) The intersection of Seminary Road and Mark Center
Drive.
(4) The intersection of Seminary Road and the northbound
entrance-ramp to I-395.
(5) The intersection of Seminary Road and the northbound
exit-ramp from I-395.
(6) The intersection of Seminary Road and the southbound
exit-ramp from I-395.
(c) Inspector General Report.--Not later than September 30, 2011,
the Inspector General of the Department of Defense shall submit to the
congressional defense committees a report evaluating the sufficiency
and coordination conducted in completing the requisite environmental
studies associated with the site selection of the BRAC 133 project
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). The Inspector General shall give specific attention to
the transportation determinations associated with the BRAC 133 project
and review and provide comment on the Secretary of Army's
transportation plan and adherence to the limitations imposed by
subsection (a).
(d) Definitions.--In this section:
(1) BRAC 133 project.--The term ``BRAC 133 project'' refers
to the proposed office complex to be developed at an
established mixed-use business park in Alexandria, Virginia, to
implement recommendation 133 of the Defense Base Closure and
Realignment Commission contained in the report of the
Commission transmitted to Congress on September 15, 2005, under
section 2903(e) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note).
(2) Level of service.--The term ``level of service'' has
the meaning given that term in the most-recent Highway Capacity
Manual of the Transportation Research Board.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION INFORMATION ON
INTERNET.
(a) Modification of Information Required to Be Provided.--Paragraph
(2) of subsection (c) of section 2851 of title 10, United States Code,
is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (F) and (G), respectively.
(b) Expanded Availability of Information.--Such subsection is
further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(c) Conforming Amendments.--Such subsection is further amended--
(1) in paragraph (1), by striking ``that, when activated by
a person authorized under paragraph (3), will permit the
person'' and inserting ``that will permit a person''; and
(2) in paragraph (3), as redesignated by subsection
(b)(2)--
(A) by striking ``to the persons referred to in
paragraph (3)'' and inserting ``on the Internet site
required by such paragraph''; and
(B) by striking ``to such persons''.
SEC. 2802. AUTHORITY TO TRANSFER PROCEEDS FROM SALE OF MILITARY FAMILY
HOUSING TO DEPARTMENT OF DEFENSE FAMILY HOUSING
IMPROVEMENT FUND.
(a) Authority to Transfer Proceeds.--Section 2831 of title 10,
United States Code, is amended--
(1) in subsection (b), by striking ``There'' in the matter
preceding paragraph (1) and inserting ``Except as authorized by
subsection (e), there'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(3) in subsection (g) (as so redesignated), by striking
``subsection (e)'' both places it appears and inserting
``subsection (f)''; and
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Authority to Transfer Family Housing Proceeds.--(1) The
Secretary concerned may transfer proceeds of the handling and the
disposal of family housing received under subsection (b)(3), less those
expenses payable pursuant to section 572(a) of title 40, to the
Department of Defense Family Housing Improvement Fund established under
section 2883(a) of this title.
``(2) A transfer under paragraph (1) may be made only after the end
of the 30-day period beginning on the date the Secretary concerned
submits written notice of, and justification for, the transfer to the
appropriate committees of Congress or, if earlier, the end of the 14-
day period beginning on the date on which a copy of the notice and
justification is provided in an electronic medium pursuant to section
480 of this title.''.
(b) Conforming Amendment to Department of Defense Family Housing
Improvement Fund.--Section 2883(c)(1) of such title is amended by
adding at the end the following new subparagraph:
``(H) Any amounts from the proceeds of the handling and
disposal of family housing of a military department transferred
to that Fund pursuant to section 2831(e) of this title.''.
SEC. 2803. ENHANCED AUTHORITY FOR PROVISION OF EXCESS CONTRIBUTIONS FOR
NATO SECURITY INVESTMENT PROGRAM.
Section 2806 of title 10, United States Code, is amended--
(1) in subsection (c), by striking ``Secretary'' the first
two places it appears and inserting ``Secretary of Defense'';
and
(2) by adding at the end the following new subsection:
``(d) If the Secretary of Defense determines that construction of
facilities described in subsection (a) is necessary to advance United
States national security or national interest, the Secretary may
include the pre-financing and initiation of construction services,
which will be provided by the Department of Defense and are not
otherwise authorized by law, as an element of the excess North Atlantic
Treaty Organization Security Investment program contributions made
under subsection (c).''.
SEC. 2804. DURATION OF AUTHORITY TO USE PENTAGON RESERVATION
MAINTENANCE REVOLVING FUND FOR CONSTRUCTION AND REPAIRS
AT PENTAGON RESERVATION.
Section 2674(e) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``Monies'' and inserting
``Subject to paragraph (3), monies''; and
(2) by adding at the end the following new paragraph:
``(3) The authority of the Secretary to use monies from the Fund to
support construction, repair, alteration, or related activities for the
Pentagon Reservation expires on September 30, 2012.''.
SEC. 2805. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL
COMMAND AREA OF RESPONSIBILITY.
(a) One-year Extension of Authority.--Subsection (h) of section
2808 of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as added by
section 2806 of the Military Construction Authorization Act for Fiscal
Year 2010 (division B of Public Law 111-84; 123 Stat. 2662), is
amended--
(1) in paragraph (1), by striking ``September 30, 2010''
and inserting ``September 30, 2011''; and
(2) in paragraph (2), by striking ``fiscal year 2011'' and
inserting ``fiscal year 2012''.
(b) Availability of Authority.--Subsection (a)(1) of such section
is amended--
(1) by striking ``war,'' and inserting ``war or''; and
(2) by striking ``, or a contingency operation''.
(c) Waiver of Advance Notification Requirement.--Subsection (b) of
such section is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D); respectively;
(2) by striking ``Before using'' and inserting ``(1) Before
using''; and
(3) by adding at the end the following new paragraph:
``(2) During fiscal year 2011, the Secretary of Defense may waive
the prenotification requirements under paragraph (1) and section
2805(b) of title 10, United States Code, with regard to a construction
project carried out under the authority of this section. In the case of
any such waiver, the Secretary of Defense shall include in the next
quarterly report submitted under subsection (d) the information
otherwise required in advance by subparagraphs (A) through (D) of
paragraph (1) with regard to the construction project.''.
(d) Annual Limitation on Use of Authority in Afghanistan.--
Subsection (c)(2) of such section is amended--
(1) by striking ``$300,000,000 in funds available for
operation and maintenance for fiscal year 2010 may be used in
Afghanistan upon completing the prenotification requirements
under subsection (b)'' and inserting ``$100,000,000 in funds
available for operation and maintenance for fiscal year 2011
may be used in Afghanistan subject to the notification
requirements under subsection (b)''; and
(2) by striking ``$500,000,000'' and inserting
``$300,000,000''.
SEC. 2806. VETERANS TO WORK PILOT PROGRAM FOR MILITARY CONSTRUCTION
PROJECTS.
(a) Veterans to Work Program.--Subchapter III of chapter 169 of
title 10, United States Code, is amended by inserting after section
2856 the following new section:
``Sec. 2857. Veterans to Work Pilot Program
``(a) Pilot Program; Purposes.--(1) The Secretary of Defense shall
establish the Veterans to Work pilot program to determine--
``(A) the maximum feasible extent to which apprentices who
are also veterans may be employed to work on military
construction projects designated under subsection (b); and
``(B) the feasibility of expanding the employment of
apprentices who are also veterans to include military
construction projects in addition to those projects designated
under subsection (b).
``(2) The Secretary of Defense shall establish and conduct the
pilot program in consultation with the Secretary of Labor and the
Secretary of Veterans Affairs.
``(b) Designation of Military Construction Projects for Pilot
Program.--(1) For each of fiscal years 2011 through 2015, the Secretary
of Defense shall designate for inclusion in the pilot program not less
than 20 military construction projects (including unspecified minor
military construction projects under section 2805(a) of this title)
that will be conducted in that fiscal year.
``(2) In designating military construction projects under this
subsection, the Secretary of Defense shall--
``(A) designate military construction projects that are
located where there are veterans enrolled in qualified
apprenticeship programs or veterans who could be enrolled in
qualified apprenticeship programs in a cost-effective, timely,
and feasible manner; and
``(B) ensure geographic diversity among the States in the
military construction projects designated.
``(3) Unspecified minor military construction projects may not
exceed 40 percent of the military construction projects designated
under this subsection for a fiscal year.
``(c) Contract Provisions.--Any agreement that the Secretary of
Defense enters into for a military construction project that is
designated for inclusion in the pilot program shall ensure that--
``(1) to the maximum extent feasible, apprentices who are
also veterans are employed on that military construction
project; and
``(2) contractors participate in a qualified apprenticeship
program.
``(d) Report.--(1) Not later than 150 days after the end of each
fiscal year during which the pilot program is active, the Secretary of
Defense shall submit to Congress a report that includes the following:
``(A) The progress of designated military construction
projects and the role of apprentices who are also veterans in
achieving that progress.
``(B) Any challenges, difficulties, or problems encountered
in recruiting veterans to become apprentices.
``(C) Cost differentials in the designated military
construction projects compared to similar projects completed
contemporaneously, but not designated for the pilot program.
``(D) Evaluation of benefits derived from employing
apprentices, including the following:
``(i) Workforce sustainability.
``(ii) Workforce skills enhancement.
``(iii) Increased short- and long-term cost-
effectiveness.
``(iv) Improved veteran employment in sustainable
wage fields.
``(E) Any other information the Secretary of Defense
determines appropriate.
``(2) Not later than March 1, 2016, the Secretary of Defense shall
submit to Congress a report that--
``(A) analyzes the pilot program in terms of its effect on
the sustainability of a workforce to meet the military
construction needs of the Armed Forces;
``(B) analyzes the effects of the pilot program on veteran
employment in sustainable wage fields or professions; and
``(C) makes recommendations on the continuation,
modification, or expansion of the pilot program on the basis of
such factors as the Secretary of Defense determines
appropriate, including the following:
``(i) Workforce sustainability.
``(ii) Cost-effectiveness.
``(iii) Community development.
``(3) The Secretary of Defense shall prepare the report required by
paragraph (2) in consultation with the Secretary of Labor and the
Secretary of Veterans Affairs.
``(e) Definitions.--In this section:
``(1) The term `apprentice' means an individual who is
employed pursuant to, and individually registered in, a
qualified apprenticeship program.
``(2) The term `pilot program' means the Veterans to Work
pilot program established under subsection (a).
``(3)(A) Except as provided in subparagraph (B), the term
`qualified apprenticeship program' means an apprenticeship or
other training program that qualifies as an employee welfare
benefit plan, as defined in section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)).
``(B) If the Secretary of Labor determines that a qualified
apprenticeship program (as defined in subparagraph (A)) for a
craft or trade classification of workers that a prospective
contractor or subcontractor intends to employ for a military
construction project included in the pilot program is not
operated in the locality of the project, the Secretary of Labor
may expand the definition of qualified apprenticeship program
to include another apprenticeship or training program, so long
as the apprenticeship or training program is registered for
Federal purposes with the Office of Apprenticeship of the
Department of Labor or a State apprenticeship agency recognized
by such Office.
``(4) The term `State' means any of the States, the
District of Columbia, or territories of Guam, Puerto Rico, the
Northern Mariana Islands, and the United States Virgin Islands.
``(5) The term `veteran' has the meaning given such term
under section 101(2) of title 38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2856 the following new item:
``2857. Veterans to Work Pilot Program.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL PROPERTY
TRANSACTIONS.
(a) Exception for Leases Under Base Closure Process.--Subsection
(a)(1)(C) of section 2662 of title 10, United States Code, is amended
by inserting after ``United States'' the following: ``(other than a
lease or license entered into under section 2667(g) of this title)''.
(b) Repeal of Annual Report on Minor Real Estate Transactions.--
Subsection (b) of such section is repealed.
(c) Geographic Scope of Requirements.--Subsection (c) of such
section is amended--
(1) by striking ``Geographic Scope; Excepted'' and
inserting ``Excepted'';
(2) by striking the first sentence; and
(3) by striking ``It does not'' and inserting ``This
section does not''.
(d) Repeal of Notice and Wait Requirement Regarding GSA Leases of
Space for DOD.--Subsection (e) of such section is repealed.
(e) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--Such section is further amended
by inserting after subsection (a) the following new subsection:
``(b) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--(1) In the case of a proposed
lease or license of real property owned by the United States covered by
paragraph (1)(C) of subsection (a), the Secretary concerned shall
comply with the notice-and-wait requirements of paragraph (3) of such
subsection before--
``(A) issuing a contract solicitation or other lease
offering with regard to the transaction; and
``(B) providing public notice regarding any meeting to
discuss a proposed contract solicitation with regard to the
transaction.
``(2) The report under paragraph (3) of subsection (a) shall
include the following with regard to a proposed transaction covered by
paragraph (1)(C) of such subsection:
``(A) A description of the proposed transaction, including
the proposed duration of the lease or license.
``(B) A description of the authorities to be used in
entering into the transaction.
``(C) A statement of the scored cost of the entire
transaction, determined using the scoring criteria of the
Office of Management and Budget.
``(D) A determination that the property involved in the
transaction is not excess property, as required by section
2667(a)(3) of this title, including the basis for the
determination.
``(E) A determination that the proposed transaction is
directly compatible with the mission of the military
installation or Defense Agency at which the property is located
and a description of the anticipated long-term use of the
property at the conclusion of the lease or license.
``(F) A description of the requirements or conditions
within the contract solicitation or other lease offering for
the person making the offer to address taxation issues,
including payments-in-lieu-of taxes, and other development
issues related to local municipalities.
``(G) If the proposed lease involves a project related to
energy production, a certification by the Secretary of Defense
that the project, as it will be specified in the contract
solicitation or other lease offering, is consistent with the
Department of Defense performance goals and plan required by
section 2911 of this title.
``(3) The Secretary concerned may not enter into the actual lease
or license with respect to property for which the information required
by paragraph (2) was submitted in a report under subsection (a)(3)
unless the Secretary again complies with the notice-and-wait
requirements of such subsection. The subsequent report shall include
the following with regard to the proposed transaction:
``(A) A cross reference to the prior report that contained
the information submitted under paragraph (2) with respect to
the transaction.
``(B) A description of the differences between the
information submitted under paragraph (2) and the information
regarding the transaction being submitted in the subsequent
report.
``(C) A description of the payment to be required in
connection with the lease or license, including a description
of any in-kind consideration that will be accepted.
``(D) A description of any community support facility or
provision of community support services under the lease or
license, regardless of whether the facility will be operated by
a covered entity (as defined in section 2667(d) of this title)
or the lessee or the services will be provided by a covered
entity or the lessee.
``(E) A description of the competitive procedures used to
select the lessee or, in the case of a lease involving the
public benefit exception authorized by section 2667(h)(2) of
this title, a description of the public benefit to be served by
the lease.''.
(f) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the Secretary
submits'' in the matter preceding subparagraph (A) and
inserting ``the Secretary concerned submits''; and
(B) in paragraph (3), by striking ``the Secretary
of a military department or the Secretary of Defense''
and inserting ``the Secretary concerned'';
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively;
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``, and the
reporting requirement set forth in subsection (e) shall
not apply with respect to a real property transaction
otherwise covered by that subsection,'';
(B) in paragraph (3), by striking ``or (e), as the
case may be''; and
(C) by striking paragraph (4); and
(4) by adding at the end the following new subsection:
``(g) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' includes, with respect to Defense Agencies, the
Secretary of Defense.''.
(g) Conforming Amendments to Lease of Non-excess Property
Authority.--Section 2667 of such title is amended--
(1) in subsection (c), by striking paragraph (4);
(2) in subsection (d), by striking paragraph (6);
(3) in subsection (e)(1), by striking subparagraph (E); and
(4) in subsection (h)--
(A) by striking paragraphs (3) and (5); and
(B) by redesignating paragraph (4) as paragraph
(3).
SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM LEASES OF NON-EXCESS
PROPERTY INVOLVING MILITARY MUSEUMS.
Section 2667(e)(1) of title 10, United States Code, as amended by
section 2811(g), is amended by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) If the proceeds deposited in the special account established
for the Secretary concerned are derived from activities associated with
a military museum described in section 489(a) of this title, the
proceeds shall be available for activities described in subparagraph
(C) only at that museum.''.
SEC. 2813. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR SPECIAL
OPERATIONS ACTIVITIES.
(a) Repeal.--Section 2680 of title 10, United States Code, is
repealed.
(b) Effect of Repeal.--The amendment made by subsection (a) shall
not affect the validity of any contract entered into under section 2680
of title 10, United States Code, on or before September 30, 2005.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of such title is amended by striking the item relating to
section 2680.
SEC. 2814. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, PUERTO RICO.
(a) In General.--Notwithstanding section 204(c) of the Military
Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668),
and paragraph 9 of the quitclaim deed relating to the island of Culebra
in the Commonwealth of Puerto Rico, the Secretary of Defense--
(1) may provide for the removal of any unexploded ordnance
and munitions scrap on that portion of Flamenco Beach located
within the former bombardment area of the island; and
(2) shall conduct a study relating to the presence of
unexploded ordnance in the former bombardment area transferred
to the Commonwealth, with the exception of the area referred to
in paragraph (1).
(b) Contents of Study.--The study required by subsection (a)(2)
shall include the following:
(1) An estimate of the type and amount of unexploded
ordnance.
(2) An estimate of the cost of removing unexploded
ordnance.
(3) An examination of the impact of such removal on any
endangered or threatened species and their habitat.
(4) An examination of current public access to the former
bombardment area.
(5) An examination of any threats to public health or
safety and the environment from unexploded ordnance.
(c) Consultation With Commonwealth.--In conducting the study under
subsection (a)(2), the Secretary of Defense shall consult with the
Commonwealth regarding the Commonwealth's planned future uses of the
former bombardment area. The Secretary shall consider the
Commonwealth's planned future uses in developing any conclusions or
recommendations the Secretary may include in the study.
(d) Submission of Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing the results of the
study conducted under subsection (a)(2).
(e) Definitions.--In this section:
(1) The term ``quitclaim deed'' refers to the quitclaim
deed from the United States to the Commonwealth of Puerto Rico,
signed by the Secretary of the Interior on August 11, 1982, for
that portion of Tract (1b) consisting of the former bombardment
area on the island of Culebra, Puerto Rico.
(2) The term ``unexploded ordnance'' has the meaning given
that term by section 101(e)(5) of title 10, United States Code.
SEC. 2815. CLARIFICATION OF AUTHORITY OF SECRETARY TO ASSIST WITH
DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN CONNECTION WITH
THE ESTABLISHMENT OR EXPANSION OF A MILITARY
INSTALLATION.
Section 2391(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following:
``If the proposed or actual establishment or expansion of a
military installation would otherwise qualify a State or local
government for assistance under this paragraph and is the
result of base realignment and closure activities authorized by
the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), the Secretary may make grants, conclude cooperative
agreements, and supplement funds available under Federal
programs administered by agencies other than the Department of
Defense in order to assist the State or local government with
development of the public infrastructure (including
construction) required by the proposed or actual establishment
or expansion.''; and
(2) in paragraph (5)(A), by striking ``in planning
community adjustments and economic diversification'' and
inserting ``as provided in paragraph (1)''.
Subtitle C--Provisions Related to Guam Realignment
SEC. 2821. SENSE OF CONGRESS REGARDING IMPORTANCE OF PROVIDING
COMMUNITY ADJUSTMENT ASSISTANCE TO GOVERNMENT OF GUAM.
It is the Sense of Congress that--
(1) for national security reasons, the United States is
required from time to time to construct major, new military
installations despite the serious adverse impacts that the
installations will have on the communities and the areas in
which the installations are constructed; and
(2) neither the impacted local governments nor the
communities in which the installations are constructed should
be expected to bear the full cost of mitigating such adverse
impacts.
SEC. 2822. DEPARTMENT OF DEFENSE ASSISTANCE FOR COMMUNITY ADJUSTMENTS
RELATED TO REALIGNMENT OF MILITARY INSTALLATIONS AND
RELOCATION OF MILITARY PERSONNEL ON GUAM.
(a) Temporary Assistance Authorized.--
(1) Assistance to government of guam.--The Secretary of
Defense may assist the Government of Guam in meeting the costs
of providing increased municipal services and facilities
required as a result of the realignment of military
installations and the relocation of military personnel on Guam
(in this section referred to as the ``Guam realignment'') if
the Secretary determines that an unfair and excessive financial
burden will be incurred by the Government of Guam to provide
the services and facilities in the absence of the Department of
Defense assistance.
(2) Mitigation of identified impacts.--The Secretary of
Defense may take such actions as the Secretary considers to be
appropriate to mitigate the significant impacts identified in
the Record of Decision of the ``Guam and CNMI Military
Relocation Environmental Impact Statement'' by providing
increased municipal services and facilities to activities that
directly support the Guam realignment.
(b) Methods to Provide Assistance.--
(1) Use of existing programs.--The Secretary of Defense
shall carry out subsection (a) through existing Federal
programs.
(2) Transfer authority.--To the extent necessary to carry
out subsection (a), the Secretary may transfer appropriated
funds available to the Department of Defense or a military
department for operation and maintenance to supplement funds
made available to Guam under a Federal program. The transfer
authority provided by this paragraph is in addition to the
transfer authority provided by section 1001. Amounts so
transferred shall be merged with and be available for the same
purposes as the appropriation to which transferred.
(3) Cost share assistance.--The Secretary may use
appropriated amounts referred to in paragraph (2) to provide
financial assistance to the Government of Guam to assist the
Government of Guam to pay its share of the costs under Federal
programs utilized by the Secretary under paragraph (1).
(c) Limitation on Provision of Assistance.--The total cost of the
construction of facilities carried out utilizing the authority provided
by subsection (a) may not exceed $500,000,000.
(d) Special Considerations.--In determining the amount of financial
assistance to be made available under this section to the Government of
Guam for any community service or facility, the Secretary of Defense
shall consult with the head of the department or agency of the Federal
Government concerned with the type of service or facility for which
financial assistance is being made available and shall take into
consideration--
(1) the time lag between the initial impact of increased
population on Guam and any increase in the local tax base that
will result from such increased population;
(2) the possible temporary nature of the increased
population and the long-range cost impact on the permanent
residents of Guam; and
(3) such other pertinent factors as the Secretary of
Defense considers appropriate.
(e) Progress Reports Required.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives semiannual reports indicating the total amount
expended under the authority of this section during the preceding 6-
month period, the specific projects for which assistance was provided
during such period, and the total amount provided for each project
during such period.
(f) Termination.--The authority to provide assistance under
subsection (a) expires September 30, 2017. Amounts obligated before
that date may be expended after that date.
SEC. 2823. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE'S
LEADERSHIP OF GUAM OVERSIGHT COUNCIL.
Subsection (d) of section 132 of title 10, United States Code, as
added by section 2831(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2669), is amended by
striking ``September 30, 2015'' and inserting ``September 30, 2020''.
SEC. 2824. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER AND
WASTEWATER TREATMENT SYSTEM ON GUAM.
(a) Conveyance of Utilities.--The Secretary of Defense may convey
to the Guam Waterworks Authority (in this section referred to as the
``Authority'') all right, title, and interest of the United States in
and to the water and wastewater treatment utility systems on Guam,
including the Fena Reservoir, for the purpose of establishing an
integrated water and wastewater treatment system on Guam.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance of the water and wastewater treatment utility
systems on Guam, the Authority shall pay to the Secretary of
Defense an amount equal to the fair market value of the utility
infrastructure to be conveyed, as determined pursuant to an
agreement between the Secretary and the Authority.
(2) Deferred payments.--At the discretion of the Authority,
the Authority may elect to pay the consideration determined
under paragraph (1) in equal annual payments over a period of
not more than 25 years, starting with the first year beginning
after the date of the conveyance of the water and wastewater
treatment utility systems to the Authority.
(3) Acceptance of in-kind services.--The consideration
required by paragraph (1) may be paid in cash or in-kind, as
acceptable to the Secretary of Defense. The Secretary of
Defense, in consultation with the Secretary of the Interior,
shall consider the value of in-kind services provided by the
Government of Guam pursuant to section 311 of the Compact of
Free Association between the Government of the United States
and the Government of the Federated States of Micronesia,
approved by Congress in the Compact of Free Association
Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2781),
section 311 of the Compact of Free Association between the
Government of the United States and the Government of the
Republic of the Marshall Islands, approved by Congress in such
Act, and the Compact of Free Association between the Government
of the United States and the Government of the Republic of
Palau, approved by Congress in the Palau Compact of Free
Association Act (Public Law 99-658; 100 Stat. 3672).
(c) Condition of Conveyance.--As a condition of the conveyance
under subsection (a), the Secretary of Defense must obtain at least a
33 percent voting representation on the Guam Consolidated Commission on
Utilities, including a proportional representation as chairperson of
the Commission.
(d) Implementation Report.--
(1) Report required.--If the Secretary of Defense
determines to use the authority provided by subsection (a) to
convey the water and wastewater treatment utility systems to
the Authority, the Secretary shall submit to the congressional
defense committees a report containing--
(A) a description of the actions needed to
efficiently convey the water and wastewater treatment
utility systems to the Authority; and
(B) an estimate of the cost of the conveyance.
(2) Submission.--The Secretary shall submit the report not
later than 30 days after the date on which the Secretary makes
the determination triggering the report requirement.
(e) New Water Systems.--If the Secretary of Defense determines to
use the authority provided by subsection (a) to convey the water and
wastewater treatment utility systems to the Authority, the Secretary
shall also enter into an agreement with the Authority, under which the
Authority will manage and operate any water well or wastewater
treatment plant that is constructed by the Secretary of a military
department on Guam on or after the date of the enactment of this Act.
(f) Additional Term and Conditions.--The Secretary of Defense may
require such additional terms and conditions in connection with the
conveyance under this section as the Secretary considers appropriate to
protect the interests of the United States.
(g) Technical Assistance.--
(1) Assistance authorized; reimbursement.--The Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation, may provide technical assistance to the Secretary
of Defense and the Authority regarding the development of plans
for the design, construction, operation, and maintenance of
integrated water and wastewater treatment utility systems on
Guam.
(2) Contracting authority; condition.--The Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, may enter into memoranda of understanding,
cooperative agreements, and other agreements with the Secretary
of Defense to provide technical assistance as described in
paragraph (1) under such terms and conditions as the Secretary
of the Interior and the Secretary of Defense consider
appropriate, except that costs incurred by the Secretary of the
Interior to provide technical assistance under paragraph (1)
shall be covered by the Secretary of Defense.
(3) Report and other assistance.--Not later than 1 year
after date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Energy and Natural Resources of the Senate a report detailing
the following:
(A) Any technical assistance provided under
paragraph (1) and information pertaining to any
memoranda of understanding, cooperative agreements, and
other agreements entered into pursuant to paragraph
(2).
(B) An assessment of water and wastewater systems
on Guam, including cost estimates and budget authority,
including authorities available under the Acts of June
17, 1902, and June 12, 1906 (popularly known as the
Reclamation Act; 43 U.S.C. 391) and other authority
available to the Secretary of the Interior, for
financing the design, construction, operation, and
maintenance of such systems.
(C) The needs related to water and wastewater
infrastructure on Guam and the protection of water
resources on Guam identified by the Authority.
SEC. 2825. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT GUAM
REALIGNMENT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the structural integrity
of facilities required to support the realignment of military
installations and the relocation of military personnel on Guam.
(b) Contents of Report.--The report required by subsection (a)
shall contain the following elements:
(1) A threat assessment to the realigned forces, including
natural and manmade threats.
(2) An evaluation of the types of facilities and the
enhanced structural requirements required to deter the threat
assessment specified in paragraph (1).
(3) An assessment of the costs associated with the enhanced
structural requirements specified in paragraph (2).
SEC. 2826. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM.
(a) Report Required.--The Secretary of the Interior shall prepare a
report--
(1) detailing the civilian infrastructure improvements
needed on Guam to directly and indirectly support and sustain
the realignment of military installations and the relocation of
military personnel on Guam; and
(2) identifying, to the maximum extent practical, the
potential funding sources for such improvements from other
Federal departments and agencies and from existing authorities
and funds within the Department of Defense.
(b) Consultation.--The Secretary of the Interior shall prepare the
report required by subsection (a) in consultation with the Secretary of
Defense, the Government of Guam, and the Interagency Group on the
Insular Areas established by Executive Order 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.
SEC. 2827. COMPTROLLER GENERAL REPORT ON PLANNED REPLACEMENT NAVAL
HOSPITAL ON GUAM.
(a) Assessment Required.--The Comptroller General of the United
States shall review and assess the proposed replacement Naval Hospital
on Guam to determine whether the size and scope of the hospital will be
sufficient to support the current and projected military mission
requirements and Department of Defense beneficiary population on Guam.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report containing the results of the
review and assessment under subsection (a).
Subtitle D--Energy Security
SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE PRACTICES IN
DEPARTMENT ENERGY PERFORMANCE PLAN.
Section 2911(c) of title 10, United States Code, is amended--
(1) in paragraph (4), by inserting ``and hybrid-electric
drive'' after ``alternative fuels'';
(2) by redesignating paragraph (9) as paragraph (11) and
paragraphs (5) through (8) as paragraphs (6) through (9),
respectively;
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Opportunities for the high-performance construction,
lease, operation, and maintenance of buildings.''; and
(4) by inserting after paragraph (9) (as redesignated by
paragraph (2)) the following new paragraph:
``(10) The value of incorporating electric, hybrid-
electric, and high efficiency vehicles into vehicle fleets.''.
SEC. 2832. PLAN AND IMPLEMENTATION GUIDELINES FOR ACHIEVING DEPARTMENT
OF DEFENSE GOAL REGARDING USE OF RENEWABLE ENERGY TO MEET
FACILITY ENERGY NEEDS.
(a) Plan and Guidelines Required.--Section 2911(e) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall develop a plan and
implementation guidelines for achieving the percentage goal specified
in paragraph (1)(A).''.
(b) Submission.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the plan and implementation guidelines required by
paragraph (2) of section 2911(e) of title 10, United States Code, as
added by subsection (a).
SEC. 2833. INSULATION RETROFITTING ASSESSMENT FOR DEPARTMENT OF DEFENSE
FACILITIES.
(a) Submission and Contents of Insulation Retrofitting
Assessment.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives an assessment
containing an estimate of--
(1) the number of Department of Defense facilities
described in subsection (b); and
(2) the overall cost savings and energy savings to the
Department that would result from retrofitting those facilities
with improved insulation.
(b) Facilities Included in Assessment.--The assessment requirement
in subsection (a) shall apply with respect to each Department of
Defense facility the retrofitting of which (as described in such
subsection) would result, over the remaining expected life of the
facility, in an amount of cost savings that is at least twice the
amount of the cost of the retrofitting.
Subtitle E--Land Conveyances
SEC. 2841. CONVEYANCE OF PERSONAL PROPERTY RELATED TO WASTE-TO-ENERGY
POWER PLANT SERVING EIELSON AIR FORCE BASE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the Fairbanks North Star Borough, Alaska (in this section
referred to as the ``Borough''), personal property acquired for the
Eielson Air Force Base Alternate Energy Source Program to be used for a
waste-to-energy power plant that would generate electricity through the
burning of waste generated by the Borough, Eielson Air Force Base, and
other Federal facilities or State or local government entities.
(b) Consideration.--As consideration for the conveyance of personal
property under subsection (a), the Secretary shall require the Borough
to offset Eielson Air Force Base waste disposal fees by the fair market
value of the conveyed property.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2842. LAND CONVEYANCE, WHITTIER PETROLEUM, OIL, AND LUBRICANT TANK
FARM, WHITTIER, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Whittier, Alaska (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to parcels of real property, including any
improvements thereon, consisting of approximately 31 acres at the
Whittier Petroleum, Oil, and Lubricant Tank Farm, Whittier, Alaska, for
the purpose of permitting the City to use the property for local public
activities.
(b) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(c) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(d) Description of Property.--The exact acreage and legal
descriptions of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), including easements or covenants to protect
cultural or natural resources, as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, FORT KNOX, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Department of Veterans Affairs of the
Commonwealth of Kentucky (in this section referred to as the
``Department'') all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 194 acres at Fort Knox, Kentucky, for the
purpose of permitting the Department to establish and operate a State
veterans home and future expansion of the adjacent State veterans
cemetery for veterans and eligible family members of the Armed Forces.
(b) Reimbursement for Costs of Conveyance.--(1) The Department
shall reimburse the Secretary for any costs incurred by the Secretary
in making the conveyance under subsection (a), including costs related
to environmental documentation and other administrative costs. This
paragraph does not apply to costs associated with the environmental
remediation of the property to be conveyed.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same conditions
and limitations, as other amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2844. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST BANK), NEW
ORLEANS, LOUISIANA.
(a) Conveyance Authorized.--Except as provided in subsection (b),
the Secretary of the Navy may convey to the Algiers Development
District all right, title, and interest of the United States in and to
the real property comprising the Naval Support Activity (West Bank),
New Orleans, Louisiana, including--
(1) any improvements and facilities on the real property;
and
(2) available personal property on the real property.
(b) Certain Property Excluded.--The conveyance under subsection (a)
may not include--
(1) the approximately 29-acre area known as the Secured
Area of the real property described in such subsection, which
shall remain subject to the Lease; and
(2) the Quarters A site, which is located at Sanctuary
Drive, as determined by a survey satisfactory to the Secretary
of the Navy.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Navy.
(d) Timing.--The authority provided in subsection (a) may only be
exercised after--
(1) the Secretary of the Navy determines that the property
described in subsection (a) is no longer needed by the
Department of the Navy; and
(2) the Algiers Development District delivers the full
consideration as required by Article 3 of the Lease.
(e) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall include a condition that expressly prohibits any
use of the property that would interfere or otherwise restrict
operations of the Department of the Navy in the Secured Area referred
to in subsection (b), as determined by the Secretary of the Navy.
(f) Subsequent Conveyance of Secured Area.--If at any time the
Secretary of the Navy determines and notifies the Algiers Development
District that there is no longer a continuing requirement to occupy or
otherwise control the Secured Area referred to in subsection (b) to
support the mission of the Marine Forces Reserve or other comparable
Marine Corps use, the Secretary may convey to the Algiers Development
District the Secured Area and the any improvements situated thereon.
(g) Subsequent Conveyance of Quarters A.--If at any time the
Secretary of the Navy determines that the Department of the Navy no
longer has a continuing requirement for general officers quarters to be
located on the Quarters A site referred to in subsection (b) or the
Department of the Navy elects or offers to transfer, sell, lease,
assign, gift or otherwise convey any or all of the Quarters A site or
any improvements thereon to any third party, the Secretary may convey
to the Algiers Development District the real property containing the
Quarters A site.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance of property under this section, consistent with the Lease,
as the Secretary considers appropriate to protect the interest of the
United States.
(i) Definitions.--In this section:
(1) The term ``Algiers Development District'' means the
Algiers Development District, a local political subdivision of
the State of Louisiana.
(2) The term ``Lease'' means that certain Real Estate Lease
for Naval Support Activity New Orleans, West Bank, New Orleans,
Louisiana, Lease No. N47692-08-RP-08P30, by and between the
United States, acting by and through the Department of the
Navy, and the Algiers Development District dated September 30,
2008.
SEC. 2845. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW FREQUENCY
COMMUNICATIONS PROJECT SITE, REPUBLIC, MICHIGAN.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to Humboldt Township in Marquette County,
Michigan, all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon, in
Republic, Michigan, consisting of approximately seven acres and
formerly used as an Extremely Low Frequency communications project
site, for the purpose of permitting the Township to use the property
for local public activities.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2846. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER, WILMINGTON,
NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the North Carolina State Port Authority of Wilmington, North Carolina
(in this section referred to as the ``Port Authority''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 3.03 acres and known as the Marine Forces Reserve Center
in Wilmington, North Carolina, for the purpose of permitting the Port
Authority to use the parcel for development of a port facility and for
other public purposes.
(b) Inclusion of Personal Property.--The Secretary of the Navy may
include as part of the conveyance under subsection (a) personal
property of the Navy at the Marine Forces Reserve Center that the
Secretary of Transportation recommends is appropriate for the
development or operation of the port facility and the Secretary of the
Navy agrees is excess to the needs of the Navy.
(c) Interim Lease.--Until such time as the real property described
in subsection (a) is conveyed by deed, the Secretary of the Navy may
lease the property to the Port Authority.
(d) Consideration.--
(1) Conveyance.--The conveyance under subsection (a) shall
be made without consideration as a public benefit conveyance
for port development if the Secretary of the Navy determines
that the Port Authority satisfies the criteria specified in
section 554 of title 40, United States Code, and regulations
prescribed to implement such section. If the Secretary
determines that the Port Authority fails to qualify for a
public benefit conveyance, but still desires to acquire the
property, the Port Authority shall pay to the United States an
amount equal to the fair market value of the property to be
conveyed. The fair market value of the property shall be
determined by the Secretary.
(2) Lease.--The Secretary of the Navy may accept as
consideration for a lease of the property under subsection (c)
an amount that is less than fair market value if the Secretary
determines that the public interest will be served as a result
of the lease.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Navy and
the Port Authority. The cost of such survey shall be borne by the Port
Authority.
(f) Additional Terms.--The Secretary of the Navy may require such
additional terms and conditions in connection with the conveyance as
the Secretary considers appropriate to protect the interests of the
United States.
Subtitle F--Other Matters
SEC. 2851. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS MILITARY
MEDICAL FACILITIES.
(a) Unified Construction Standard for Military Construction and
Repairs to Military Medical Facilities.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense shall
establish a unified construction standard for military construction and
repairs for military medical facilities that provides a single standard
of care. This standard shall also include a size standard for operating
rooms and patient recovery rooms.
(b) Independent Review Panel.--
(1) Establishment; purpose.--The Secretary of Defense shall
establish an independent advisory panel for the purpose of--
(A) advising the Secretary regarding whether the
Comprehensive Master Plan for the National Capital
Region Medical, dated April 2010, is adequate to
fulfill statutory requirements, as required by section
2714 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2656), to ensure that the facilities and
organizational structure described in the plan result
in world class military medical facilities in the
National Capital Region;
(B) monitoring the implementation and any
subsequent modification of the master plan referred to
in subparagraph (A); and
(C) making recommendations regarding any
adjustments of the master plan referred to in
subparagraph (A) needed to ensure the provision of
world class military medical facilities and delivery
system in the National Capital Region.
(2) Members.--
(A) Appointments by secretary.--The panel shall be
composed of such members as determined by the Secretary
of Defense, except that the Secretary shall include as
members--
(i) medical facility design experts;
(ii) military healthcare professionals;
(iii) representatives of premier health
care facilities in the United States; and
(iv) former retired senior military
officers with joint operational and budgetary
experience.
(B) Congressional appointments.--The chairmen and
ranking members of the Committees on the Armed Services
of the Senate and House of Representatives may each
designate one member of the panel.
(C) Term.--Members of the panel may serve on the
panel until the termination date specified in paragraph
(7).
(D) Compensation.--While performing duties on
behalf of the panel, a member and any adviser referred
to in paragraph (4) shall be reimbursed under
Government travel regulations for necessary travel
expenses.
(3) Meetings.--The panel shall meet not less than
quarterly. The panel or its members may make other visits to
military treatment facilities and military headquarters in
connection with the duties of the panel.
(4) Staff and advisors.--The Secretary of Defense shall
provide necessary administrative staff support to the panel.
The panel may call in advisers for consultation.
(5) Reports.--
(A) Initial report.--Not later than 120 days after
the first meeting of the panel, the panel shall submit
to the Secretary of Defense a written report containing
an assessment of the adequacy of the master plan
referred to in paragraph (1)(A) and the recommendations
of the panel to improve the plan.
(B) Additional reports.--Not later than February
28, 2011, and February 29, 2012, the panel shall submit
to the Secretary of Defense a report on the findings
and recommendations of the panel to address any
deficiencies identified by the panel.
(6) Assessment of recommendations.--Not later than 30 days
after the date of the submission of each report under paragraph
(5), the Secretary of Defense shall submit to the congressional
defense committees a report including--
(A) an assessment by the Secretary of the findings
and recommendations of the panel; and
(B) the plans of the Secretary for addressing such
findings and recommendations.
(7) Termination.--The panel shall terminate on September
30, 2015.
(c) Definitions.--In this section:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of
title 10, United States Code.
(2) World class military medical facility.--The term
``world class military medical facility'' has the meaning given
the term by the National Capital Region Base Realignment and
Closure Health Systems Advisory Subcommittee of the Defense
Health Board in appendix B of the report titled ``Achieving
World Class--An Independent Review of the Design Plans for the
Walter Reed National Military Medical Center and the Fort
Belvoir Community Hospital'' and published in May 2009, as
required by section 2721 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4716).
SEC. 2852. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN,
CONNECTICUT.
The newly constructed Armed Forces Reserve Center in Middletown,
Connecticut, shall be known and designated as the ``Major General
Maurice Rose Armed Forces Reserve Center''. Any reference in a law,
map, regulation, document, paper, or other record of the United States
to such Armed Forces Reserve Center shall be deemed to be a reference
to the Major General Maurice Rose Armed Forces Reserve Center.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Subtitle A--Fiscal Year 2010 Projects
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS
AND AUTHORIZATION OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
various locations outside the United States, and subject to the
purpose, total amount authorized, and authorization of appropriations
specified for the projects, set forth in the following table:
----------------------------------------------------------------------------------------------------------------
Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AF Various Locations.......... Operational Facilities...... 80,100 80,100
AF Various Locations.......... Supporting Activities....... 62,900 62,900
AF Various Locations.......... Utility Facilities.......... 52,600 52,600
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2009, in the total amount
of $195,600,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2009, in the total amount of $40,000,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, in the total
amount of $6,696,000.
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
various locations outside the United States, and subject to the
purpose, total amount authorized, and authorization of appropriations
specified for the projects, set forth in the following table:
----------------------------------------------------------------------------------------------------------------
Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AF Various Locations.......... Operational Facilities...... 220,500 220,500
AF Various Locations.......... Supply Facilities........... 24,550 24,550
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2009, in the total amount
of $245,050,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2009, in the total amount of $15,000,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, in the total
amount of $19,040,000.
Subtitle B--Fiscal Year 2011 Projects
SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS
AND AUTHORIZATION OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
various locations outside the United States, and subject to the
purpose, total amount authorized, and authorization of appropriations
specified for the projects, set forth in the following table:
----------------------------------------------------------------------------------------------------------------
Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AF Various Locations.......... Air Pollution Abatement..... 16,000 16,000
AF Various Locations.......... Community Facilities........ 21,450 21,450
AF Various Locations.......... Hospital and Medical 50,800 50,800
Facilities.................
AF Various Locations.......... Operational Facilities...... 69,600 69,600
AF Various Locations.......... Supply Facilities........... 30,700 30,700
AF Various Locations.......... Supporting Activities....... 199,800 199,800
AF Various Locations.......... Troop Housing Facilities.... 283,000 283,000
AF Various Locations.......... Utility Facilities.......... 90,600 90,600
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $761,950,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $78,330,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $89,716,000.
SEC. 2912. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
various locations outside the United States, and subject to the
purpose, total amount authorized, and authorization of appropriations
specified for the projects, set forth in the following table:
----------------------------------------------------------------------------------------------------------------
Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
AF Various Locations.......... Maintenance and Production 7,400 7,400
Facilities.................
AF Various Locations.......... Operational Facilities...... 203,000 203,000
AF Various Locations.......... Supply Facilities........... 7,100 7,100
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $217,500,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $49,584,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $13,422,000.
SEC. 2913. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND ACQUISITION
PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of Defense may
acquire real property and carry out military construction projects for
the Defense Agencies for a classified project at a classified location
outside the United States, and subject to the total amount authorized
and authorization of appropriations specified for the project, set
forth in the following table:
----------------------------------------------------------------------------------------------------------------
Defense Wide: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Authorization
Overseas Location Installation or Location Purpose of Project Project of
Amount Appropriations
----------------------------------------------------------------------------------------------------------------
XC Classified Location........ Classified Project.......... 41,900 41,900
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection
(a), funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2010, in the total amount
of $41,900,000.
(2) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design authorized by section 2807 of title 10,
United States Code, funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2010, in the total amount of $4,600,000.
SEC. 2914. CONSTRUCTION AUTHORIZATION FOR DEPARTMENT OF DEFENSE
FACILITIES IN A FOREIGN COUNTRY.
Of the amounts authorized to be appropriated by this subtitle, the
Secretary of Defense may use not more than $46,500,000 to plan, design,
and construct facilities in a foreign country for the Department of
Defense.
Subtitle C--Other Matters
SEC. 2921. NOTIFICATION OF OBLIGATION OF FUNDS AND QUARTERLY REPORTS.
(a) Notification of Obligation of Funds.--
(1) Notice and wait requirement.--Before using appropriated
funds to carry out a construction project outside the United
States that is authorized by section 2901, 2902, 2911, or 2912
and has an estimated cost in excess of the amounts authorized
for unspecified minor military construction projects under
section 2805(c) of title 10, United States Code, the Secretary
of Defense shall submit to the congressional defense committees
a notice regarding the construction project. The project may be
carried out only after the end of the 10-day period beginning
on the date the notice is received by the committees or, if
earlier, the end of the 7-day period beginning on the date on
which a copy of the notification is provided in an electronic
medium pursuant to section 480 of title 10, United States Code.
(2) Contents of notice.--The notice for a construction
project covered by subsection (a) shall include the following:
(A) Certification that the construction--
(i) is necessary to meet urgent military
operational requirements of a temporary nature
involving the use of the Armed Forces;
(ii) is carried out in support of a non-
enduring mission; and
(iii) is the minimum construction necessary
to meet temporary operational requirements.
(B) A description of the purpose for which
appropriated funds are being obligated.
(C) All relevant documentation detailing the
construction project.
(D) An estimate of the total amount obligated for
the construction.
(b) Quarterly Reports.--
(1) Report required.--Not later than 45 days after the end
of each fiscal-year quarter during which appropriated funds are
obligated or expended to carry out construction projects
outside the United States that are authorized by section 2901,
2902, 2911, or 2912, the Secretary of Defense shall submit to
the congressional defense committees a report on the worldwide
obligation and expenditure during that quarter of appropriated
funds for such construction projects.
(2) Project authority contingent on submission of
reports.--The ability to use section 2901, 2902, 2911, or 2912
as authority during a fiscal year to obligate appropriated
funds available to carry out construction projects outside the
United States shall commence for that fiscal year only after
the date on which the Secretary of Defense submits to the
congressional defense committees all of the quarterly reports
(if any) that were required under paragraph (1) for the
preceding fiscal year.
(c) Limitation on Transfer Authority.--If the Secretary of the Army
or the Secretary of the Air Force determines that amounts appropriated
pursuant to the authorization of appropriation in section 2901, 2902,
2911, or 2912 are required for any construction project that will cause
obligations to exceed any of the category amounts specified in this
title or for a construction project that is not within the scope of the
category, the Secretary shall notify the congressional defense
committees of this determination at least 14 days before obligating
funds for the project.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2011 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$11,214,755,000, to be allocated as follows:
(1) For weapons activities, $7,008,835,000.
(2) For defense nuclear nonproliferation activities,
$2,687,167,000.
(3) For naval reactors, $1,070,486,000.
(4) For the Office of the Administrator for Nuclear
Security, $448,267,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) Project 11-D-801, reinvestment project phase 2, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$23,300,000.
(2) Project 11-D-601, sanitary effluent reclamation
facility expansion, Los Alamos National Laboratory, Los Alamos,
New Mexico, $15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,588,039,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for other defense activities in carrying
out programs necessary for national security in the amount of
$878,209,000.
SEC. 3104. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for energy security and assurance programs
necessary for national security in the amount of $6,188,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. EXTENSION OF AUTHORITY RELATING TO THE INTERNATIONAL
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF
THE DEPARTMENT OF ENERGY.
Section 3156(b)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2739; 50 U.S.C.
2343(b)(1)) is amended by striking ``January 1, 2013'' and inserting
``January 1, 2018''.
SEC. 3112. ENERGY PARKS INITIATIVE.
(a) In General.--Subtitle B of title XLVIII of the Atomic Energy
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2501 et seq.)
is amended by adding at the end the following:
``SEC. 4815. ENERGY PARKS INITIATIVE.
``(a) In General.--The Secretary of Energy may facilitate the
development of energy parks described in subsection (b) on defense
nuclear facility reuse property through the use of collaborative
partnerships with State and local governments, the private sector, and
community reuse organizations approved by the Secretary.
``(b) Energy Parks.--An energy park described in this subsection is
a facility (or group of facilities) developed for the purpose of--
``(1) promoting energy security, environmental
sustainability, economic competitiveness, and energy sector
jobs; and
``(2) encouraging pilot programs, demonstration projects,
or commercial projects, at or near such facility, with respect
to energy generation, energy efficiency, and advanced
manufacturing technologies that will contribute to a
stabilization of atmospheric greenhouse gas concentrations
through the reduction, avoidance, or sequestration of energy-
related emissions.
``(c) Infrastructure.--In facilitating the development of an energy
park under this section, the Secretary shall--
``(1) use existing infrastructure, facilities, workforces,
and other assets in the vicinity of the energy park; and
``(2) ensure that such energy park does not interfere with
the Secretary's other responsibilities at any defense nuclear
facility.
``(d) Report.--Not later than December 31, 2011, the Secretary
shall submit to the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Armed Services and the Committee on Energy and Natural Resources of
the Senate a report on steps taken to facilitate the development of
energy parks under this section.
``(e) Definitions.--In this section:
``(1) The term `defense nuclear facility' has the meaning
given the term `Department of Energy defense nuclear facility'
in section 318 of the Atomic Energy Act of 1954 (42 U.S.C.
2286g).
``(2) The term `defense nuclear facility reuse property'
means property that--
``(A) is located at a defense nuclear facility; and
``(B) the Secretary of Energy determines--
``(i) has been adequately remediated by the
Secretary or was not in need of remediation;
and
``(ii) is ready for use as an energy
park.''.
(b) Clerical Amendment.--The table of contents in section 4001(b)
of such Act (division D of Public Law 107-314) is amended by inserting
after the item relating to section 4814 the following new item:
``Sec. 4815. Energy parks initiative.''.
SEC. 3113. ESTABLISHMENT OF TECHNOLOGY TRANSFER CENTERS.
(a) Technology Transfer Centers.--
(1) In general.--Section 4813 of the Atomic Energy Defense
Act (division D of Public Law 107-314; 50 U.S.C. 2794) is
amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Technology Transfer Centers.--(1) Subject to the availability
of appropriations provided for such purpose, the Administrator shall
establish a technology transfer center described in paragraph (2) at
each national security laboratory.
``(2) A technology transfer center described in this paragraph is a
center to foster collaborative scientific research, technology
development, and the appropriate transfer of research and technology to
users in addition to the national security laboratories.
``(3) In establishing a technology transfer center under this
subsection, the Administrator--
``(A) shall enter into cooperative research and development
agreements with governmental, public, academic, or private
entities; and
``(B) may enter into a contract with respect to
constructing, purchasing, managing, or leasing buildings or
other facilities.''.
(2) Definition.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended by adding at the
end the following new paragraph:
``(5) The term `national security laboratory' has the
meaning given that term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).''.
(3) Section heading.--The heading of such section is
amended by inserting ``and technology transfer centers'' after
``partnerships''.
(b) Clerical Amendment.--The table of contents in section 4001(b)
of such Act (division D of Public Law 107-314) is amended by striking
the item relating to section 4813 and inserting the following new item:
``Sec. 4813. Critical technology partnerships and technology transfer
centers.''.
SEC. 3114. AIRCRAFT PROCUREMENT.
Of the amounts authorized to be appropriated under section
3101(a)(1) for fiscal year 2011 for weapons activities, the Secretary
of Energy may procure not more than two aircraft.
SEC. 3115. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH TECHNOLOGY
TRANSFER ACTIVITIES.
(a) In General.--The Administrator for Nuclear Security shall
encourage technology transfer 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, 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' technology transfer activities at each national
security laboratory.
Subtitle C--Reports
SEC. 3121. COMPTROLLER GENERAL REPORT ON NNSA BIENNIAL COMPLEX
MODERNIZATION STRATEGY.
Section 3255 of the National Nuclear Security Administration Act
(50 U.S.C. 2455) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) GAO Study and Reports.--(1) For each plan and assessment
submitted under subsection (a), the Comptroller General of the United
States shall conduct a study that includes the following:
``(A) An analysis of the plan under subsection (a)(1).
``(B) An analysis of the assessment under subsection
(a)(2).
``(C) Whether both the budget for the fiscal year in which
the plan and assessment are submitted and the future-years
nuclear security program submitted to Congress in relation to
such budget under section 3253 provide for funding of the
nuclear security complex at a level that is sufficient for the
modernization and refurbishment of the nuclear security complex
in accordance with the plan.
``(D) An analysis of any assessment submitted by the
Administrator under subsection (c).
``(E) With respect to the facilities infrastructure
recapitalization program--
``(i) whether such program achieved its mission of
addressing deferred and backlogged maintenance;
``(ii) to what extent deferred and backlogged
maintenance remains unaddressed;
``(iii) whether the expiration of such program's
authorities has weakened or strengthened plans under
subsection (a); and
``(iv) whether the reauthorization of such program
would further the goal of modernizing and refurbishing
the nuclear security complex.
``(2) Not later than 180 days after the date on which the
Administrator submits the plan and assessment under subsection (a), the
Comptroller General shall submit to the congressional defense
committees a report on the study under paragraph (1), including--
``(A) the findings of the study under paragraph (1);
``(B) whether the plan and assessment submitted under
subsection (a) support each element under subsection (b); and
``(C) the role of the United States Strategic Command in
making an assessment under subsection (c).
``(3) Not later than 90 days after the date on which a budget is
submitted to Congress during an even-numbered fiscal year, the
Comptroller General shall submit to the congressional defense
committees an update to the previous study under paragraph (1) taking
into account the nuclear security budget materials included with such
budget.''.
SEC. 3122. REPORT ON GRADED SECURITY PROTECTION POLICY.
(a) Report.--Not later than February 1, 2011, the Secretary of
Energy shall submit to the congressional defense committees a report on
the implementation of the graded security protection policy of the
Department of Energy.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A comprehensive plan and schedule (including any
benchmarks, milestones, or other deadlines) for implementing
the graded security protection policy.
(2) An explanation of the current status of the graded
security protection policy for each site with respect to the
comprehensive plan under paragraph (1).
(3) An explanation of the Secretary's objective end-state
for implementation of the graded security protection policy
(such end-state shall include supporting justification and
rationale to ensure that robust and adaptive security measures
meet the graded security protection policy requirements).
(4) Identification of each site that has received an
exception or waiver to the graded security protection policy,
including the justification for each such exception or waiver.
(5) A schedule for ``force-on-force'' exercises that the
Secretary considers necessary to maintain operational
readiness.
(6) A description of a program that will provide proper
training and equipping of personnel to a certifiable standard.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2011,
$28,640,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $23,614,000 for fiscal year 2011 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR 2011.
Funds are hereby authorized to be appropriated for fiscal year
2011, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for Maritime Administration programs associated with maintaining
national security aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $100,020,000, of which--
(A) $63,120,000 shall remain available until
expended for Academy operations;
(B) $6,000,000 shall remain available until
expended for refunds to Academy midshipmen for
improperly charged fees; and
(C) $30,900,000 shall remain available until
expended for capital improvements at the Academy.
(2) For expenses necessary to support the State maritime
academies, $15,007,000, of which--
(A) $2,000,000 shall remain available until
expended for student incentive payments;
(B) $2,000,000 shall remain available until
expended for direct payments to such academies; and
(C) $11,007,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $174,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $60,000,000, of which $3,688,000 shall
remain available until expended for administrative expenses of
the program.
SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
Chapter 531 of title 46, United States Code, is amended--
(1) in section 53104(a), by striking ``2015'' and inserting
``2025'';
(2) in section 53106(a)(1)(C), by striking ``for each
fiscal years 2012, 2013, 2014, and 2015'' and inserting ``for
each of fiscal years 2012 though 2025''; and
(3) in section 53111(3), by striking ``2015'' and inserting
``2025''.
SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY NOMINATIONS OF
RESIDENTS OF THE NORTHERN MARIANA ISLANDS.
Section 51302(b) of title 46, United States Code, is amended--
(1) in paragraph (3), by inserting ``the Northern Mariana
Islands,'' after ``Guam,''; and
(2) by striking paragraph (5) and redesignating paragraph
(6) as paragraph (5).
SEC. 3504. ADMINISTRATIVE EXPENSES FOR PORT OF GUAM IMPROVEMENT
ENTERPRISE PROGRAM.
Section 3512(c)(4) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r(c)(4)) is
amended--
(1) by inserting ``, and of other amounts appropriated or
otherwise made available to the Maritime Administration for the
purposes of the Program for fiscal year 2011 or thereafter,''
after ``for a fiscal year''; and
(2) by inserting ``under this section'' before the period
at the end.
SEC. 3505. VESSEL LOAN GUARANTEES: PROCEDURES FOR TRADITIONAL AND
NONTRADITIONAL APPLICATIONS.
(a) Definitions.--Section 53701 of title 46, United States Code, is
amended--
(1) by redesignating paragraph (14) as paragraph (16);
(2) by redesignating paragraphs (10) through (13) as
paragraphs (11) through (14), respectively;
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) Nontraditional application.--The term `nontraditional
application' means an application for a loan, guarantee, or
commitment to guarantee under this chapter, that is not a
traditional application, as determined by the Administrator.'';
and
(4) by inserting after paragraph (14), as so redesignated,
the following new paragraph:
``(15) Traditional application.--The term `traditional
application' means an application for a loan, guarantee, or
commitment to guarantee under this chapter that involves a
market, technology, and financial structure of a type that has
proven successful in previous applications and does not present
an unreasonable risk to the United States, as determined by the
Administrator.''.
(b) Deadline for Decision on Application; Extension.--Section
53703(a) of title 46, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary or Administrator shall
approve or deny an application for a loan guarantee under this
chapter--
``(A) in the case of a traditional application,
before the end of the 90-day period beginning on the
date on which the signed application is received by the
Secretary or Administrator; and
``(B) in the case of a nontraditional application,
before the end of the 120-day period beginning on such
date of receipt.''; and
(2) in paragraph (2), by striking ``the 270-day period in
paragraph (1) to a date not later than 2 years'' and inserting
``the applicable period under paragraph (1) to a date that is
not later than 1 year after the date on which the signed
application was received by the Secretary or Administrator''.
(c) Independent Analysis.--Section 53708(d) of title 46, United
States Code, is amended by striking ``an application'' and inserting
``a nontraditional application''.
(d) Application.--The amendments made by this section shall apply
only to applications submitted after the date of enactment of this Act.
DIVISION D--IMPLEMENTING MANAGEMENT FOR PERFORMANCE AND RELATED REFORMS
TO OBTAIN VALUE IN EVERY ACQUISITION ACT
SEC. 100A. SHORT TITLE.
This division may be cited as the ``Implementing Management for
Performance and Related Reforms to Obtain Value in Every Acquisition
Act of 2010''.
SEC. 100B. DEFINITION OF CONGRESSIONAL DEFENSE COMMITTEES.
In this division, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title 10, United
States Code.
TITLE I--DEFENSE ACQUISITION SYSTEM
SEC. 101. PERFORMANCE MANAGEMENT OF THE DEFENSE ACQUISITION SYSTEM.
(a) Performance Management of the Defense Acquisition System.--
(1) In general.--Part IV of title 10, United States Code,
is amended by inserting after chapter 148 the following new
chapter:
``CHAPTER 149--PERFORMANCE MANAGEMENT OF THE DEFENSE ACQUISITION SYSTEM
``Sec.
``2545. Performance assessments of the defense acquisition system.
``2546. Audits of performance assessments.
``2547. Use of performance assessments for managing performance.
``2548. Acquisition-related functions of the Chiefs of Staff of the
armed forces.
``Sec. 2545. Performance assessments of the defense acquisition system
``(a) Performance Assessments Required.--(1) The Secretary of
Defense shall ensure that all elements of the defense acquisition
system are subject to regular performance assessments--
``(A) to determine the extent to which such elements
deliver appropriate value to the Department of Defense; and
``(B) to enable senior officials of the Department of
Defense to manage the elements of the defense acquisition
system to maximize their value to the Department.
``(2) The performance of each element of the defense acquisition
system shall be assessed as needed, but not less often than annually.
``(3) The Secretary shall ensure that the performance assessments
required by this subsection are appropriately tailored to reflect the
diverse nature of defense acquisition so that the performance
assessment of each element of the defense acquisition system accurately
reflects the work performed by such element.
``(b) Systemwide Categories.--(1) The Secretary of Defense shall
establish categories of metrics for the defense acquisition system,
including, at a minimum, categories relating to cost, quality,
delivery, workforce, and policy implementation that apply to all
elements of the defense acquisition system.
``(2) The Secretary of Defense shall issue guidance for service
acquisition executives within the Department of Defense on the
establishment of metrics, and goals and standards relating to such
metrics, within the categories established by the Secretary under
paragraph (1) to ensure that there is sufficient uniformity in
performance assessments across the defense acquisition system so that
elements of the defense acquisition system can be meaningfully
compared.
``(c) Metrics, Goals, and Standards.--(1) Each service acquisition
executive of the Department of Defense shall establish metrics to be
used in the performance assessments required by subsection (a) for each
element of the defense acquisition system for which such executive is
responsible within the categories established by the Secretary under
subsection (b). Such metrics shall be appropriately tailored pursuant
to subsection (a)(3) and may include measures of--
``(A) cost, quality, and delivery;
``(B) contractor performance, including compliance with the
Department of Defense policy regarding the participation of
small business concerns owned and controlled by socially and
economically disadvantaged individuals, veteran-owned small
businesses, service-disabled, veteran-owned small businesses,
and women-owned small businesses;
``(C) excessive use of contract bundling and availability
of non-bundled contract vehicles;
``(D) workforce quality and program manager tenure (where
applicable);
``(E) the quality of market research;
``(F) appropriate use of integrated testing;
``(G) appropriate consideration of long-term sustainment
and energy efficiency; and
``(H) appropriate acquisition of technical data and other
rights and assets necessary to support long-term sustainment.
``(2) Each service acquisition executive within the Department of
Defense shall establish goals and standards (including, at a minimum, a
threshold standard and an objective goal) for each metric established
under paragraph (1) by the executive. In establishing the goals and
standards for an element of the defense acquisition system, a service
acquisition executive shall consult with the head of the element to the
maximum extent practicable, but the service acquisition executive shall
retain the final authority to determine the goals and standards
established. The service acquisition executive shall update the goals
and standards as necessary and appropriate consistent with the guidance
issued under subsection (b)(2).
``(3) The Under Secretary of Defense for Acquisition, Technology,
and Logistics shall periodically review the metrics, goals, and
standards established by service acquisition executives under this
subsection to ensure that they are consistent with the guidance issued
under subsection (b)(2).
``(d) Responsibility for Oversight and Direction of Performance
Assessments.--(1) Performance assessments required by subsection (a)
shall either be carried out by, or shall be subject to the oversight
of, the Director of the Office of Performance Assessment and Root Cause
Analysis. The authority and responsibility granted by this subsection
is in addition to any other authority or responsibility granted to the
Director of the Office of Performance Assessment and Root Cause
Analysis by the Secretary of Defense or by any other provision of law.
In the performance of duties pursuant to this section, the Director of
the Office of Performance Assessment and Root Cause Analysis shall
coordinate with the Deputy Chief Management Officer to ensure that
performance assessments carried out pursuant to this section are
consistent with the performance management initiatives of the
Department of Defense.
``(2) A performance assessment may be carried out by an
organization under the control of the service acquisition executive of
a military department if--
``(A) the assessment fulfills the requirements of
subsection (a);
``(B) the organization is approved to carry out the
assessment by the Director of the Office of Performance
Assessment and Root Cause Analysis; and
``(C) the assessment is subject to the oversight of the
Director of the Office of Performance Assessment and Root Cause
Analysis in accordance with paragraph (1).
``(e) Retention and Access to Records of Performance Assessments
Within the Military Departments and Defense Agencies.--The Secretary of
Defense shall ensure that information from performance assessments of
all elements of the defense acquisition system are retained
electronically and that the Director of the Office of Performance
Assessment and Root Cause Analysis--
``(1) promptly receives the results of all performance
assessments conducted by an organization under the control of
the service acquisition executive of a military department; and
``(2) has timely access to any records and data in the
Department of Defense (including the records and data of each
military department and Defense Agency and including classified
and proprietary information) that the Director considers
necessary to review in order to perform or oversee performance
assessments pursuant to this section.
``(f) Inclusion in Annual Report.--The Director of the Office of
Performance Assessment and Root Cause Analysis shall include
information on the activities undertaken by the Director under this
section in the annual report of the Director required under section
103(f) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law
111-23; 123 Stat. 1716), including information on any performance
assessment required by subsection (a) with significant findings. In
addition, if a performance assessment uncovers particularly egregious
problems, as identified by the Director, the Director shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on such problems within 30 days after the
problems are identified.
``(g) Definitions.--In this section:
``(1) The term `defense acquisition system' means the
acquisition workforce; the process by which the Department of
Defense manages the acquisition of goods and services,
including weapon systems, commodities, commercial and military
unique services, and information technology; and the management
structure for carrying out the acquisition function within the
Department of Defense.
``(2) The term `element of the defense acquisition system'
means an organization that operates within the defense
acquisition system and that focuses primarily on acquisition.
``(3) The term `metric' means a specific measure that
serves as a basis for comparison.
``(4) The term `threshold performance standard' means the
minimum acceptable level of performance in relation to a
metric.
``(5) The term `objective performance goal' means the most
desired level of performance in relation to a metric.
``(6) The term `Office of Performance Assessment and Root
Cause Analysis' means the office reporting to the senior
official designated by the Secretary of Defense under section
103(a) of the Weapon Systems Acquisition Reform Act of 2009
(Public Law 111-23, 10 U.S.C. 2430 note).
``Sec. 2546. Audits of performance assessments
``(a) Audits Required.--The Secretary of Defense shall ensure that
the performance assessments of the defense acquisition system required
by section 2545 of this title are subject to periodic audits to
determine the accuracy, reliability, and completeness of such
assessments.
``(b) Standards and Approach.--In performing the audits required by
subsection (a), the Secretary shall ensure that such audits--
``(1) comply with generally accepted government auditing
standards issued by the Comptroller General;
``(2) use a risk-based approach to audit planning; and
``(3) appropriately account for issues associated with
auditing assessments of activities occurring in a contingency
operation.
``Sec. 2547. Use of performance assessments for managing performance
``(a) In General.--The Secretary of Defense shall ensure that the
results of performance assessments are used in the management of
elements of the defense acquisition system through direct linkages
between the results of a performance assessment and the following:
``(1) The size of the bonus pool available to the workforce
of an element of the defense acquisition system.
``(2) Rates of promotion in the workforce of an element of
the defense acquisition system.
``(3) Awards for acquisition excellence.
``(4) The scope of work assigned to an element of the
defense acquisition system.
``(b) Additional Requirements.--The Secretary of Defense shall
ensure that actions taken to manage the acquisition workforce pursuant
to subsection (a) are undertaken in accordance with the requirements of
subsections (c) and (d) of section 1701a of this title.
``Sec. 2548. Acquisition-related functions of the Chiefs of Staff of
the armed forces
``(a) Assistance.--The Secretary of Defense shall ensure,
notwithstanding section 3014(c)(1)(A), section 5014(c)(1)(A), and
section 8014(c)(1)(A) of this title, 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.
``(2) The development 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) Definitions.--In this section:
``(1) The term `requirements creep' means the addition of
new technical or operational specifications after a
requirements document is approved.
``(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.''.
(2) 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. Performance Management of the Defense Acquisition 2545''.
System.
(b) Phased Implementation of Performance Assessments.--The
Secretary of Defense shall implement the requirements of chapter 149 of
title 10, United States Code, as added by subsection (a), in a phased
manner while guidance is issued, and categories, metrics, goals, and
standards are established. Implementation shall begin with a cross
section of elements of the defense acquisition system representative of
the entire system and shall be completed for all elements not later
than 2 years after the date of the enactment of this Act.
SEC. 102. MEANINGFUL CONSIDERATION BY JOINT REQUIREMENTS OVERSIGHT
COUNCIL OF INPUT FROM CERTAIN OFFICIALS.
(a) Advisors to the Joint Requirements Oversight Council.--
(1) Additional civilian advisors.--Subsection (d)(1) of
section 181 of title 10, United States Code, is amended by
striking ``The Under Secretary'' and all that follows through
``and expertise.'' and inserting the following: ``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.''.
(2) Role of combatant commanders as members of the jroc.--
Paragraph (1) of subsection (c) of such section is amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) 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.''.
(b) Amendment Related to Report.--Paragraph (2) of section 105(c)
of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-
23; 123 Stat. 1718) is amended to read as follows:
``(2) Matters covered.--The report shall include, at a
minimum, an assessment of--
``(A) the extent to which the Council has
effectively sought, and the commanders of the combatant
commands have provided, meaningful input on proposed
joint military requirements;
``(B) the extent to which the Council has
meaningfully considered the input and expertise of the
Under Secretary of Defense for Acquisition, Technology,
and Logistics in its discussions;
``(C) the extent to which the Council has
meaningfully considered the input and expertise of the
Director of Cost Assessment and Program Evaluation in
its discussions;
``(D) the quality and effectiveness of efforts to
estimate the level of resources needed to fulfill joint
military requirements; and
``(E) the extent to which the Council has
considered trade-offs among cost, schedule, and
performance objectives.''.
(c) Assessment of Independence of Cost Estimators and Cost Analysts
Required in Next Annual Report on Cost Assessment Activities.--In the
next annual report prepared by the Director of Cost Assessment and
Program Evaluation under section 2334(e) of title 10, United States
Code, the Director shall include an assessment of whether and to what
extent personnel responsible for cost estimates or cost analysis
developed by a military department or defense agency for a major
defense acquisition program are independent and whether their
independence or lack thereof affects their ability to generate reliable
cost estimates.
SEC. 103. PERFORMANCE MANAGEMENT FOR THE JOINT CAPABILITIES INTEGRATION
AND DEVELOPMENT SYSTEM.
(a) Requirement for Program.--The Secretary of Defense shall ensure
that the Department of Defense develops and implements a program to
manage performance in establishing joint military requirements pursuant
to section 181 of title 10, United States Code.
(b) Leaders.--The Secretary of Defense shall designate an officer
identified or designated as a joint qualified officer to serve as
leader of a joint effort to develop the performance management program
required by subsection (a). The Secretary shall also designate an
officer from each Armed Force to serve as leader of the effort within
the Armed Force concerned. Officers designated pursuant to this section
shall have the seniority and authority necessary to oversee and direct
all personnel engaged in establishing joint military requirements
within the Joint Staff or within the Armed Force concerned.
(c) Matters Covered.--The program developed pursuant to subsection
(a) shall:
(1) Measure the following in relation to each joint
military requirement:
(A) The time a requirements document takes to
receive validation through the requirements process.
(B) The quality of cost information associated with
the requirement and the extent to which cost
information was considered during the requirements
process.
(C) The extent to which the requirements process
established a meaningful level of priority for the
requirement.
(D) The extent to which the requirements process
considered trade-offs between cost, schedule, and
performance objectives.
(E) The quality of information on sustainment
associated with the requirement and the extent to which
sustainment information was considered during the
requirements process.
(F) Such other matters as the Secretary shall
determine appropriate.
(2) Achieve, to the maximum extent practicable, the
following outcomes in the requirements process:
(A) Timeliness in delivering capability to the
warfighter.
(B) Mechanisms for controlling requirements creep.
(C) Responsiveness to fact-of-life 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.
(D) The development of the personnel skills,
capacity, and training needed for an effective and
efficient requirements process.
(E) Such other outcomes as the Secretary shall
determine appropriate.
(d) Implementation.--The program required by subsection (a) shall
be developed and initially implemented not later than 1 year after the
date of the enactment of this Act and shall apply to requirements
documents entering the requirements process after the date of initial
implementation.
(e) Initial Report.--Not later than 90 days after the initial
implementation of the program required by subsection (a), the Secretary
shall submit to the congressional defense committees a report on the
steps taken to develop and implement the performance management program
for joint military requirements. The report shall address the measures
specified in subsection (c)(1).
(f) Final Report.--Not later than 4 years after the initial
implementation of the program required by subsection (a), the Secretary
shall submit to the congressional defense committees a report on the
effectiveness of the program for joint military requirements in
achieving the outcomes specified in subsection (c)(2).
(g) Definitions.--In this section:
(1) Requirements process.--The term ``requirements
process'' means the Joint Capabilities Integration and
Development System (JCIDS) process or any successor to such
process established by the Chairman of the Joint Chiefs of
Staff to support the statutory responsibility of the Joint
Requirements Oversight Council in advising the Chairman and the
Secretary of Defense in identifying, assessing, and validating
joint military capability needs, with their associated
operational performance criteria, in order to successfully
execute missions.
(2) Requirements document.--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.
(3) Requirements creep.--The term ``requirements creep''
means the addition of new technical or operational
specifications after a requirements document is approved.
(h) Discretionary Implementation After 5 Years.--After the date
that is 5 years after the initial implementation of the performance
management program under this section, the requirement to implement a
program under this section shall be at the discretion of the Secretary
of Defense.
SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.
(a) Process Required.--The Secretary of Defense shall ensure that
each military department establishes a process for identifying,
assessing, and approving requirements for the acquisition of services,
and 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.
(b) Guidance and Plan Required.--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 shall--
(1) issue and maintain guidance relating to each process
established under subsection (a); and
(2) develop a plan to implement each process established
under subsection (a).
(c) Matters Required in Guidance.--The guidance issued under
subsection (b) shall establish, in relation to a process for
identifying, assessing, and approving requirements for the acquisition
of services, the following:
(1) Organization of such process.
(2) The level of command responsibility required for
identifying and validating requirements for the acquisition of
services in accordance with the categories established under
section 2330(a)(1)(C) of title 10, United States Code.
(3) The composition of billets 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.
(d) Matters Required in Implementation Plan.--Each plan required
under subsection (b) shall provide for initial implementation of a
process for identifying, assessing, and approving requirements for the
acquisition of services not later than 180 days after the date of the
enactment of this Act and shall provide for full implementation of such
process at the earliest date practicable.
(e) 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, each process
established under subsection (a) shall be revised in accordance with
such joint guidance.
(f) Definition.--The term ``requirements for the acquisition of
services'' means objectives to be achieved through acquisitions
primarily involving the procurement of services.
SEC. 105. JOINT EVALUATION TASK FORCES.
(a) Task Forces Required.--For each joint military requirement
involving a materiel solution for which the Chairman of the Joint
Requirements Oversight Council is the validation authority, the
Chairman shall designate a commander of a unified combatant command to
provide a joint evaluation task force to participate in such materiel
solution. Such task force shall--
(1) come from a military unit or units designated by the
combatant commander concerned;
(2) be selected based on the relevance of such materiel
solution to the mission of the unit; and
(3) participate consistent with its operational
obligations.
(b) Responsibilities.--A task force provided pursuant to subsection
(a) shall, for the materiel solution concerned--
(1) provide input to the analysis of alternatives;
(2) participate in testing (including limited user tests
and prototype testing);
(3) provide input on a concept of operations and doctrine;
(4) provide end user feedback to the resource sponsor; and
(5) participate, through the combatant commander concerned,
in any alteration of the requirement for such solution.
(c) Administrative Support.--The resource sponsor for the joint
military requirement shall provide administrative support to the joint
evaluation task force for purposes of carrying out this section.
(d) Definitions.--In this section:
(1) Resource sponsor.--The term ``resource sponsor'' means
the organization responsible for all common documentation,
periodic reporting, and funding actions required to support the
capabilities development and acquisition process for the
materiel solution.
(2) 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. 106. REVIEW OF DEFENSE ACQUISITION GUIDANCE.
(a) Review of Guidance.--The Secretary of Defense shall review the
acquisition guidance of the Department of Defense, including, at a
minimum, the guidance contained in Department of Defense Instruction
5000.02 entitled ``Operation of the Defense Acquisition System''.
(b) Matters Considered.--The review performed under subsection (a)
shall consider--
(1) the extent to which it is appropriate to apply guidance
primarily relating to the acquisition of weapon systems to
acquisitions not involving weapon systems (including the
acquisition of commercial goods and commodities, commercial and
military unique services, and information technology);
(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;
(5) the extent to which it is appropriate to apply
processes primarily relating to the acquisition of weapon
systems to the acquisition of information technology systems,
consistent with the requirement to develop an alternative
process for such systems contained in section 804 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2401; 10 U.S.C. 2225 note); and
(6) 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 of 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. 107. REQUIREMENT TO INCLUDE REFERENCES TO SERVICES ACQUISITION
THROUGHOUT THE FEDERAL ACQUISITION REGULATION.
(a) Findings.--Congress finds the following:
(1) The acquisition of services can be extremely complex,
and program management skills, tools, and processes need to be
applied to services acquisitions.
(2) An emphasis on the concept of ``services'' throughout
the Federal Acquisition Regulation would enhance and support
the procurement and project management community in all aspects
of the acquisition planning process, including requirements
development, assessment of reasonableness, and post-award
management and oversight.
(b) Requirement for Changes to FAR.--The Federal Acquisition
Regulation shall be revised to provide, throughout the Regulation,
appropriate references to services acquisition that are in addition to
references provided in part 37 (which relates specifically to services
acquisition).
(c) Deadline.--This section shall be carried out within 270 days
after the date of the enactment of this Act.
SEC. 108. PROCUREMENT OF MILITARY PURPOSE NONDEVELOPMENTAL ITEMS.
(a) In General.--
(1) Procurement of military purpose nondevelopmental
items.--Chapter 141 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 2410r. Military purpose nondevelopmental items
``(a) Definitions.--In this section:
``(1) The term `military purpose nondevelopmental item'
means an item--
``(A) developed exclusively at private expense;
``(B) that meets a validated military requirement,
as certified in writing by the responsible program
manager;
``(C) for which delivery of an initial lot of
production-representative items may be made within 9
months after contract award; and
``(D) for which the unit cost is less than
$10,000,000.
``(2) The term `item' has the meaning provided in section
2302(3) of this title.
``(b) Requirements.--The Secretary of Defense shall ensure that,
with respect to a contract for the acquisition of a military purpose
nondevelopmental item, the following requirements apply:
``(1) The contract shall be awarded using competitive
procedures in accordance with section 2304 of this title.
``(2) Certain contract clauses, as specified in regulations
prescribed under subsection (c), shall be included in each such
contract.
``(3) The type of contract used shall be a firm, fixed
price type contract.
``(4) Nothing in the contract shall further restrict or
otherwise affect the rights in technical data of the
Government, the contractor, or any subcontractor of the
contractor for items developed by the contractor or any such
subcontractor exclusively at private expense, as prescribed in
regulations implementing section 2320(a)(2)(B) of this title.
``(c) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall be
included in regulations of the Department of Defense prescribed as part
of the Federal Acquisition Regulation. At a minimum, the regulations
shall include--
``(1) a list of contract clauses to be included in each
contract for the acquisition of a military purpose
nondevelopmental item;
``(2) definitions for the terms `developed' and
`exclusively at private expense' that--
``(A) are consistent with the definitions developed
for such terms in accordance with 2320(a)(3) of this
title; and
``(B) also exclude an item developed in part or in
whole with--
``(i) foreign government funding; or
``(ii) foreign or Federal Government loan
financing at nonmarket rates; and
``(3) standards for evaluating the reasonableness of price
for the military purpose nondevelopmental item, in lieu of
certified cost or pricing data.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2410r. Military purpose nondevelopmental items.''.
(b) Cost or Pricing Data Exception.--Section 2306a(b)(1) of title
10, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) for the acquisition of a military purpose
nondevelopmental item, as defined in section 2410r of
this title, if the contracting officer determines in
writing that--
``(i) the contract, subcontract or
modification will be a firm, fixed price type
contract; and
``(ii) the offeror has submitted sufficient
information to evaluate, through price
analysis, the reasonableness of the price for
the military purpose nondevelopmental item.''.
(c) Effective Date.--Section 2410r of title 10, United States Code,
as added by subsection (a), and the amendment made by subsection (b),
shall apply with respect to contracts entered into after the date that
is 120 days after the date of the enactment of this Act.
TITLE II--DEFENSE ACQUISITION WORKFORCE
SEC. 201. ACQUISITION WORKFORCE EXCELLENCE.
(a) In General.--
(1) 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 performance 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 and due process 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.''.
(2) 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.''.
(b) Authority to Appoint Highly Qualified Experts on Part-time
Basis.--Section 9903(b)(1) of title 5, United States Code, is amended
by inserting ``, on a full-time or part-time basis,'' after ``positions
in the Department of Defense'' the first place it appears.
SEC. 202. 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 encouraged 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) Assessment.--(1) The Secretary of Defense shall designate an
independent organization to review the acquisition workforce
demonstration project described in subsection (a).
``(2) Such assessment shall include:
``(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 such assessment under this subsection shall be
completed not later than September 30, 2011, and subsequent assessments
shall be completed every 2 years thereafter until the termination of
the project. The Secretary shall submit to the covered congressional
committees a copy of the assessment within 30 days after receipt by the
Secretary of the assessment.
``(f) Covered Congressional Committees.--In this section, the term
`covered congressional committees' means--
``(1) the Committees on Armed Services of the Senate and
the House of Representatives;
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(3) the Committee on Oversight and Government Reform of
the House of Representatives.
``(g) Termination of Authority.--The authority to conduct a
demonstration program under this section shall terminate on September
30, 2017.
``(h) Conversion.--Within 6 months after the authority to conduct a
demonstration project under this section is terminated as provided in
subsection (g), employees in the project shall convert to the civilian
personnel system created pursuant to section 9902 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter V of chapter 87 of title 10, United
States Code, is amended by inserting after the item relating to
section 1761 the following new item:
``1762. Demonstration project relating to certain acquisition personnel
management policies and procedures.''.
(b) Conforming Repeal.--Section 4308 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C.
1701 note) is repealed.
SEC. 203. INCENTIVE PROGRAMS FOR CIVILIAN AND MILITARY PERSONNEL IN THE
ACQUISITION WORKFORCE.
(a) In General.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1762, as added by section 202, the
following new section:
``Sec. 1763. Incentive programs for civilian and military personnel in
the acquisition workforce
``(a) Civilian Acquisition Workforce Incentives.--The Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall provide for an enhanced system of
incentives for the encouragement of excellence in the acquisition
workforce by providing rewards for employees who contribute to
achieving the agency's performance goals. The system of incentives
shall include provisions that--
``(1) relate salary increases, bonuses, and awards to
performance and contribution to the agency mission (including
the extent to which the performance of personnel in such
workforce contributes to achieving the goals and standards
established for acquisition programs pursuant to section 2545
of this title);
``(2) provide for consideration, in personnel evaluations
and promotion decisions, of the extent to which the performance
of personnel in such workforce contributes to achieving such
goals and standards;
``(3) use the Department of Defense Civilian Workforce
Incentive Fund established pursuant to section 9902(a) of title
5; and
``(4) provide opportunities for career broadening
experiences for high performers.
``(b) Military Acquisition Workforce Incentives.--The Secretaries
of the military departments shall fully use and enhance incentive
programs that reward individuals, through recognition certificates or
cash awards, for suggestions of process improvements that contribute to
improvements in efficiency and economy and a better way of doing
business.''.
(b) 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 1762, as added by
section 202, the following new item:
``1763. Incentive programs for civilian and military personnel in the
acquisition workforce.''.
SEC. 204. 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). 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 program managers and deputy program
managers who were reassigned after completion of a major
milestone occurring closest in time to the date on which the
person has served in the position for 4 years (as required
under section 1734(b) of this title), and the proportion of
those reassignments to the total number of reassignments of
program managers and deputy program managers, set forth
separately for program managers and deputy program managers.
The Secretary also shall include the average length of
assignment served by program managers and deputy program
managers so reassigned.
``(5) The number of persons, excluding those reported under
paragraph (4), in critical acquisition positions who were
reassigned after a period of 3 years or longer (as required
under section 1734(a) of this title), and the proportion of
those reassignments to the total number of reassignments of
persons, excluding those reported under paragraph (4), in
critical acquisition positions.
``(6) 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 title 10, United
States Code, 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.--Chapter 87 of title 10, United
States Code, is amended in section 1723 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. 205. RECERTIFICATION AND TRAINING REQUIREMENTS.
(a) Continuing Education.--Section 1723 of title 10, United States
Code, as amended by section 204, 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 5 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. Guidance and standards for acquisition workforce training
``(a) Fulfillment Standards.--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.
``(b) Guidance and Standards Relating to Contracts for Training.--
The Secretary of Defense shall develop appropriate guidance and
standards to ensure that the Department of Defense will continue, where
appropriate and cost-effective, to enter into contracts for the
training requirements of sections 1723, 1724, and 1735 of this title,
while maintaining appropriate control over the content and quality of
such training.''.
(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. Guidance and standards for acquisition workforce training.''.
(3) Deadline for fulfillment standards.--The fulfillment
standards required under section 1748(a) of title 10, United
States Code, as added by paragraph (1), shall be developed not
later than 90 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. 206. INFORMATION TECHNOLOGY ACQUISITION WORKFORCE.
(a) In General.--
(1) Information technology.--Subchapter II of chapter 87 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 1725. Information technology acquisition positions
``(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 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 this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1725. Information technology acquisition positions.''.
(b) Deadline.--The Secretary of Defense shall develop the plan
required under section 1725 of title 10, United States Code, as added
by subsection (a), not later than 180 days after the date of the
enactment of this Act.
SEC. 207. 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. 208. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.
(a) Curriculum Review.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall lead a review of the curriculum offered
by the Defense Acquisition University to ensure it adequately supports
the training and education requirements of acquisition professionals,
particularly in service contracting, long term sustainment strategies,
information technology, and rapid acquisition. The review shall also
involve the service acquisition executives of each military department.
(b) Analysis of Funding Requirements for Training.--Following the
review conducted under subsection (a), the Secretary of Defense shall
analyze the most recent future-years defense program to determine the
amounts of estimated expenditures and proposed appropriations necessary
to support the training requirements of the amendments made by section
205 of this Act, 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.''.
SEC. 209. COST ESTIMATING INTERNSHIP AND SCHOLARSHIP PROGRAMS.
(a) Purpose.--The purpose of this section is to require the
Department of Defense to develop internship and scholarship programs in
cost estimating to underscore the importance of cost estimating, as a
core acquisition function, to the acquisition process.
(b) Requirement.--The Secretary of Defense shall develop intern and
scholarship programs in cost estimating for purposes of improving
education and training in cost estimating and providing an opportunity
to meet any certification requirements in cost estimating.
(c) Implementation.--Such programs shall be established not later
than 270 days after the date of the enactment of this Act and shall be
implemented for a 4-year period following establishment of the
programs.
SEC. 210. PROHIBITION ON PERSONAL SERVICES CONTRACTS FOR SENIOR
MENTORS.
(a) Prohibition.--The Secretary of Defense shall prohibit the award
of a contract for personal services by any component of the Department
of Defense for the purpose of obtaining the services of a senior
mentor.
(b) Interpretation.--Nothing in this section shall be interpreted
to prohibit the employment of a senior mentor as a highly qualified
expert pursuant to section 9903 of title 5, United States Code, subject
to the pay and term limitations of that section. A senior mentor
employed as a highly qualified expert shall be required to submit a
financial disclosure report and comply with all conflict of interest
laws and regulations applicable to other Federal employees with similar
conditions of service.
(c) Definitions.--In this section:
(1) The term ``contract for personal services'' means a
contract awarded under the authority of section 129b(a) of
title 10, United States Code, or section 3109 of title 5,
United States Code.
(2) The term ``component of the Department of Defense''
means a military department, a defense agency, a Department of
Defense field activity, a unified combatant command, or the
joint staff.
(3) The term ``senior mentor'' means any person--
(A)(i) who has served as a general or flag officer
in the Armed Forces; or
(ii) who has served in a position at a level at or
above the level of the senior executive service;
(B) has retired within the 10 years preceding the
award of a contract; and
(C) who serves as a mentor, teacher, trainer, or
advisor to government personnel on matters pertaining
to the former official duties of such person.
TITLE III--FINANCIAL MANAGEMENT
SEC. 301. INCENTIVES FOR ACHIEVING AUDITABILITY.
(a) Preferential Treatment Authorized.--The Under Secretary of
Defense (Comptroller) shall ensure that any component of the Department
of Defense that the Under Secretary determines has financial statements
validated as ready for audit earlier than September 30, 2017, shall
receive preferential treatment, as the Under Secretary determines
appropriate--
(1) in financial matter matters, including--
(A) consistent with the need to fund urgent
warfighter requirements and operational needs, priority
in the release of appropriated funds to such component;
(B) relief from the frequency of financial
reporting of such component 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; or
(D) such other measures as the Under Secretary
considers appropriate; and
(2) in the availability of personnel management incentives,
including--
(A) the size of the bonus pool available to the
financial and business management workforce of the
component;
(B) the rates of promotion within the financial and
business management workforce of the component;
(C) awards for excellence in financial and business
management; or
(D) the scope of work assigned to the financial and
business management workforce of the component.
(b) Inclusion of Information in Report.--The Under Secretary shall
include information on any measure initiated pursuant to this section
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) after such measure is
initiated.
(c) Expiration.--This section shall expire on September 30, 2017.
(d) Definition.--In this section, the term ``component of the
Department of Defense'' means any organization within the Department of
Defense that is required to submit an auditable financial statement to
the Secretary of Defense.
SEC. 302. MEASURES REQUIRED AFTER FAILURE TO ACHIEVE AUDITABILITY.
(a) In General.--The Secretary of Defense shall ensure that
corrective measures are immediately taken to address the failure of a
component of the Department of Defense to achieve a financial statement
validated as ready for audit by September 30, 2017.
(b) Measures Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop and issue
guidance detailing measures to be taken in accordance with subsection
(a). Such measures shall include--
(1) the development of a remediation plan to ensure the
component can achieve a financial statement validated as ready
for audit within 1 year;
(2) additional reporting requirements that may be necessary
to mitigate financial risk to the component;
(3) delaying the release of appropriated funds to such
component, consistent with the need to fund urgent warfighter
requirements and operational needs, until such time as the
Secretary is assured that the component will achieve a
financial statement validated as ready for audit within 1 year;
(4) specific consequences for key personnel in order to
ensure accountability within the leadership of the component;
and
(5) such other measures as the Secretary considers
appropriate.
(c) Definition.--The term ``component'' of the Department of
Defense means any organization within the Department of Defense that is
required to submit an auditable financial statement to the Secretary of
Defense.
SEC. 303. REVIEW OF OBLIGATION AND EXPENDITURE THRESHOLDS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Department of Defense program managers should be
encouraged to place a higher priority on seeking the best value
for the Government than on meeting arbitrary benchmarks for
spending; and
(2) actions to carry out paragraph (1) should be supported
by the Department's leadership at every level.
(b) Policy Review.--Not later than 180 days 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, shall review and update as necessary all relevant
policy and instruction regarding obligation and expenditure benchmarks
to ensure that such guidance does not inadvertently prevent achieving
the best value for the Government in the obligation and expenditure of
funds.
(c) Process Review.--Not later than 1 year after the date of the
enactment of this Act, the Chief Management Officer, 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 conduct 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.
(d) 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.
SEC. 304. DISCLOSURE AND TRACEABILITY OF THE COST OF DEPARTMENT OF
DEFENSE HEALTH CARE CONTRACTS.
(a) Disclosure Requirement.--The Secretary of Defense shall
require--
(1) an offeror that submits a bid or proposal in response
to an invitation for bids or a request for proposals issued by
a component of the Department of Defense for a health care
contract to submit with the bid or proposal a disclosure of the
additional cost, if any, contained in such bid or proposal
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);
and
(2) a contractor for a health care contract awarded
following the date of the enactment of this Act to disclose on
an annual basis the additional cost, if any, incurred for such
contract 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).
(b) Report.--
(1) Requirement.--Not later than April 1, 2011, and each
April 1st thereafter until April 1, 2016, 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 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--
(A) the projected costs of compliance for all
health care contracts awarded during the preceding
year, as disclosed in a bid or proposal in accordance
with subsection (a)(1);
(B) for all other health care contracts, the
incurred cost of compliance for the preceding year, as
disclosed in accordance with subsection (a)(2); and
(C) any additional costs to the Department of
Defense necessary to comply with such Acts.
(c) Health Care Contract Defined.--In this section, the term
``health care contract'' means a contract 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.
TITLE IV--INDUSTRIAL BASE
SEC. 401. 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. The program shall be limited to firms
within the national technology and industrial base (as defined in
section 2500(1) of title 10, United States Code).
(b) Identifying and Communicating With Nontraditional 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 nontraditional suppliers, including commercial firms
and firms of all business sizes, that are engaged in markets of
importance to the Department of Defense.
(c) Outreach to Local Firms Near Defense Installations.--The
program established under subsection (a) shall include outreach, using
procurement technical assistance centers, to notify firms of all
business sizes in the vicinity of Department of Defense installations
of opportunities to obtain contracts and subcontracts to perform work
at such installations.
(d) Industrial Base Review.--The program required by 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.
(e) Definition.--In this section:
(1) Nontraditional suppliers.--The term ``nontraditional
suppliers'' means firms that have received contracts from the
Department of Defense with a total value of not more than
$100,000 in the previous 5 years.
(2) Markets of importance to the department of defense.--
The term ``markets of importance to the Department of Defense''
means industrial sectors in which the Department of Defense
spends more than $500,000,000 annually.
(3) Procurement technical assistance center.--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. 402. COMMERCIAL PRICING ANALYSIS.
Section 803(c) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 2306a note) is
amended to read as follows:
``(c) Commercial Price Trend Analysis.--
``(1) 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
categories of exempt commercial items described in paragraph
(2).
``(2) A category of exempt commercial items referred to in
paragraph (1) consists of exempt commercial items that 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) The analysis of information on price trends under
paragraph (1) shall include, in 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) The head of a Department of 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).
``(5) Not later than April 1 of each of 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 exempt commercial items during
the preceding fiscal year under the procedures prescribed
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.
``(6) This subsection shall not be in effect on and after
April 1, 2013.''.
SEC. 403. CONTRACTOR AND GRANTEE DISCLOSURE OF DELINQUENT FEDERAL TAX
DEBTS.
(a) Requirement.--
(1) In general.--Chapter 37 of title 31, United States
Code, is amended by adding at the end of subchapter II the
following new section:
``Sec. 3720F. Contractor and grantee disclosure of delinquent Federal
tax debts
``(a) Requirement Relating to Contracts.--The head of any executive
agency that issues an invitation for bids or a request for proposals
for a contract in an amount greater than the simplified acquisition
threshold shall require each person that submits a bid or proposal to
submit with the bid or proposal a form--
``(1) certifying that the person does not have a seriously
delinquent tax debt; and
``(2) authorizing the Secretary of the Treasury to disclose
to the head of the agency information strictly limited to
verifying whether the person has a seriously delinquent tax
debt.
``(b) Requirement Relating to Grants.--The head of any executive
agency that offers a grant in excess of an amount equal to the
simplified acquisition threshold may not award such grant to any person
unless such person submits with the application for such grant a form--
``(1) certifying that the person does not have a seriously
delinquent tax debt; and
``(2) authorizing the Secretary of the Treasury to disclose
to the head of the executive agency information strictly
limited to verifying whether the person has a seriously
delinquent tax debt.
``(c) Form for Release of Information.--The Secretary of the
Treasury shall make available to all executive agencies a standard form
for the certification and authorization described in subsections (a)
and (b).
``(d) Definitions.--In this section:
``(1) Contract.--The term `contract' means a binding
agreement entered into by an executive agency for the purpose
of obtaining property or services, but does not include--
``(A) a contract for property or services that is
intended to be entered into through the use of
procedures other than competitive procedures by reason
of section 2304(c)(2) of this title; or
``(B) a contract designated by the head of the
agency as necessary to the national security of the
United States.
``(2) Executive agency.--The term `executive agency' has
the meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
``(3) Person.--The term `person' includes--
``(A) an individual;
``(B) a partnership; and
``(C) a corporation.
``(4) Seriously delinquent tax debt.--The term `seriously
delinquent tax debt'--
``(A) means any Federal tax liability--
``(i) that exceeds $3,000;
``(ii) that has been assessed by the
Secretary of the Treasury and not paid; and
``(iii) for which a notice of lien has been
filed in public records; and
``(B) does not include any Federal tax liability--
``(i) being paid in a timely manner under
an offer-in-compromise or installment
agreement;
``(ii) with respect to which collection due
process proceedings are not completed; or
``(iii) with respect to which collection
due process proceedings are completed and no
further payment is required.
``(5) Simplified acquisition threshold.--The term
`simplified acquisition threshold' has the meaning given that
term in section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
``(e) Regulations.--The Administrator for Federal Procurement
Policy, in consultation with the Secretary of the Treasury, shall
promulgate regulations that--
``(1) treat corporations and partnerships as having a
seriously delinquent tax debt if such corporation or
partnership is controlled (directly or indirectly) by persons
who have a seriously delinquent tax debt;
``(2) provide for the proper application of subsections
(a)(2) and (b)(2) in the case of corporations and partnerships;
and
``(3) provide for the proper application of subsection (a)
to first-tier subcontractors that are identified in a bid or
proposal and are a significant part of a bid or proposal
team.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 37 of such title is amended by adding
after the item relating to section 3720E the following new
item:
``3720F. Contractor and grantee disclosure of delinquent Federal tax
debts.''.
(b) Revision of Federal Acquisition Regulation.--Not later than 90
days after the final promulgation of regulations under section 3720F(e)
of title 31, United States Code, as added by subsection (a), the
Federal Acquisition Regulation shall be revised to incorporate the
requirements of section 3720F of such title.
SEC. 404. INDEPENDENCE OF CONTRACT AUDITS AND BUSINESS SYSTEM REVIEWS.
(a) Defense Contract Audit Agency General Counsel.--
(1) In general.--Subchapter II of chapter 8 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 204. Defense Contract Audit Agency general counsel
``(a) General Counsel.--The Director of the Defense Contract Audit
Agency shall appoint a General Counsel of the Defense Contract Audit
Agency.
``(b) Duties.--(1) The General Counsel shall perform such functions
as the Director may prescribe and shall serve at the discretion of the
Director.
``(2) Notwithstanding section 140(b) of this title, the General
Counsel shall be the chief legal officer of the Defense Contract Audit
Agency.
``(3) The Defense Contract Audit Agency shall be the exclusive
legal client of the General Counsel.
``(c) Office of the General Counsel.--There is established an
Office of the General Counsel within the Defense Contract Audit Agency.
The Director may appoint to the Office to serve as staff of the General
Counsel such legal counsel as the Director determines is
appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 8 of such title is
amended by adding at the end the following new item:
``204. Defense Contract Audit Agency general counsel.''.
(b) Criteria for Business System Reviews.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2222 the following
new section:
``Sec. 2222a. Criteria for business system reviews
``(a) Criteria for Business System Reviews.--The Secretary of
Defense shall ensure that any contractor business system review carried
out by a military department, a Defense Agency, or a Department of
Defense Field Activity--
``(1) complies with generally accepted government auditing
standards issued by the Comptroller General;
``(2) is performed by an audit team that does not engage in
any other official activity (audit-related or otherwise)
involving the contractor concerned;
``(3) is performed in a time and manner consistent with a
documented assessment of risk to the Federal Government; and
``(4) involves testing on a representative sample of
transactions sufficient to fully examine the integrity of the
contractor business system concerned.
``(b) Contractor Business System Review Defined.--In this section,
the term `contractor business system review' means an audit of
policies, procedures, and internal controls relating to accounting and
management systems of a contractor.''.
(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 2222 the following new item:
``2222a. Criteria for business system reviews.''.
(c) Contract Audit Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
guidance relating to contract audits carried out by a military
department, a defense agency, or a Department of Defense field activity
that are not contractor business system reviews, as described under
section 2222a of title 10, United States Code, that--
(1) requires that such audits comply with generally
accepted government auditing standards issued by the
Comptroller General and are performed in a time and manner
consistent with a documented assessment of risk to the Federal
Government;
(2) establishes guidelines for discussions of the scope of
the audit with the contractor concerned that ensure that such
scope is not improperly influenced by the contractor;
(3) provides for withholding of contract payments when
necessary to compel the submission of documentation from the
contractor; and
(4) requires that the results of contract audits performed
on behalf of an agency of the Department of Defense be shared
with other Federal agencies upon request, without
reimbursement.
(d) Effective Dates.--
(1) Section 204.--Section 204 of title 10, United States
Code, as added by subsection (a), shall take effect on the date
of the enactment of this Act.
(2) Section 2222a.--Section 2222a of title 10, United
States Code, as added by subsection (b), shall take effect 180
days after the date of the enactment of this Act.
SEC. 405. BLUE RIBBON PANEL ON ELIMINATING BARRIERS TO CONTRACTING WITH
THE DEPARTMENT OF DEFENSE.
(a) Requirement to Establish.--The Secretary of Defense shall
establish a panel consisting of owners of large and small businesses
that are not traditional defense suppliers, for purposes of creating a
set of recommendations on eliminating barriers to contracting with the
Department of Defense and its defense supply centers.
(b) Members.--The panel shall consist of nine members, of whom--
(1) three shall be appointed by the Secretary of the Army;
(2) three shall be appointed by the Secretary of the Navy;
and
(3) three shall be appointed by the Secretary of the Air
Force.
(c) Appointment Deadline.--Members shall be appointed to the panel
not later than 180 days after the date of the enactment of this Act.
(d) Duties.--The panel shall be responsible for developing a set of
recommendations on eliminating barriers to contracting with the
Department of Defense and its defense supply centers.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the panel shall submit to Congress a report containing its
recommendations.
SEC. 406. 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 systems (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. 407. CONSTRUCTION OF ACT ON COMPETITION REQUIREMENTS FOR THE
ACQUISITION OF SERVICES.
Nothing in this Act or the amendments made by this Act shall be
construed to affect the competition requirements of section 2304 of
title 10, United States Code, with respect to the acquisition of
services.
SEC. 408. ACQUISITION SAVINGS PROGRAM.
(a) Program Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall carry out a program to provide opportunities
to provide cost-savings on nondevelopmental items.
(2) Savings.--The program, to be known as the Acquisition
Savings Program, shall provide any person or activity within or
outside the Department of Defense with the opportunity to offer
a proposal to provide savings in excess of 15 percent, to be
known as an acquisition savings proposal, for covered
contracts.
(3) Sunset.--The program shall cease to be required on
September 30, 2013.
(b) Qualifying Acquisition Savings Proposals.--A proposal shall
qualify as an acquisition savings proposal for purposes of this section
if it offers to supply a nondevelopmental item that is identical to, or
equivalent to (under a performance specification or relevant commercial
standard), an item being procured under a covered contract.
(c) Review by Contracting Officer.--Each acquisition savings
proposal shall be reviewed by the contracting officer for the covered
contract concerned to determine if such proposal qualifies under this
section and to calculate the savings provided by such proposal.
(d) Actions Upon Favorable Review.--If the contracting officer for
a covered contract determines after review of an acquisition savings
proposal that the proposal would provide an identical or equivalent
nondevelopmental item at a savings in excess of 15 percent, and that a
contract award to the offeror of the proposal would not result in the
violation of a minimum purchase agreement or otherwise cause a breach
of contract for the covered contract, the contracting officer may make
an award under the covered contract to the offeror of the acquisition
savings proposal or otherwise award a contract for the nondevelopmental
item concerned to such offeror.
(e) Actions Upon Unfavorable Review.--If a contracting officer
determines after review of an acquisition savings proposal that the
proposal would not satisfy the requirements of this section, the
contracting officer shall debrief the person or activity offering such
proposal within 30 days after completion of the review.
(f) 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 report regarding the program, including the
number of acquisition savings proposals submitted, the number favorably
reviewed, the cumulative savings, and any further recommendations for
the program.
(g) Definitions.--In this section:
(1) Nondevelopmental item.--The term ``nondevelopmental
item'' has the meaning provided for such term in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C. 403).
(2) Covered contract.--The term ``covered contract''--
(A) means an indefinite delivery indefinite
quantity contract for property as defined in section
2304d(2) of title 10, United States Code; and
(B) 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.)
(3) Performance specification.--The term ``performance
specification'' means a specification of required item
functional characteristics.
(4) Commercial standard.--The term ``commercial standard''
means a standard used in industry promulgated by an accredited
standards organizations that is not a Federal entity.
SEC. 409. SENSE OF CONGRESS REGARDING COMPLIANCE WITH THE BERRY
AMENDMENT, THE BUY AMERICAN ACT, AND LABOR STANDARDS OF
THE UNITED STATES.
In order to create jobs, level the playing field for domestic
manufacturers, and strengthen economic recovery, it is the sense of
Congress that the Department of Defense should--
(1) ensure full contractor and subcontractor compliance
with the Berry Amendment (10 U.S.C. 2533a) and the Buy American
Act (41 U.S.C. 10a et seq.); and
(2) not procure products made by manufacturers in the
United States that violate labor standards as defined under the
laws of the United States.
SEC. 410. INDUSTRIAL BASE COUNCIL AND FUND.
(a) Industrial Base Council.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 188. Industrial Base Council
``(a) Council Established.--There is in the Department of Defense
an Industrial Base Council.
``(b) Mission.--The mission of the Industrial Base Council is to
assist the Secretary in all matters pertaining to the industrial base
of the Department of Defense, including matters pertaining to the
national defense technology and industrial base included in chapter 148
of this title.
``(c) Membership.--The following officials of the Department of
Defense shall be members of the Council:
``(1) The Chairman of the Council, who shall be the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, the functions of which may be delegated by the Under
Secretary only to the Principal Deputy Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(2) The Executive Director of the Council, who shall be
an official from within the Office of the Under Secretary
responsible for industrial base matters and who shall report
directly to the Under Secretary or the Principal Deputy Under
Secretary.
``(3) Officials from within the Office of the Secretary of
Defense, as designated by the Secretary, with direct
responsibility for matters pertaining to following areas:
``(A) Manufacturing.
``(B) Research and development.
``(C) Systems engineering and system integration.
``(D) Services.
``(E) Information Technology.
``(F) Sustainment and logistics.
``(4) The Director of the Defense Logistics Agency.
``(5) Officials from the military departments, as
designated by the Secretary of each military department, with
responsibility for industrial base matters relevant to the
military department concerned.
``(d) Duties.--The Council shall assist the Secretary in the
following:
``(1) Providing input on industrial base matters to
strategy reviews, including quadrennial defense reviews
performed pursuant to section 118 of this title.
``(2) Managing the industrial base.
``(3) Providing recommendations to the Secretary on budget
matters pertaining to the industrial base.
``(4) Providing recommendations to the Secretary on supply
chain management and supply chain vulnerability.
``(5) Providing input on industrial base matters to defense
acquisition policy guidance.
``(6) Issuing and revising the Department of Defense
technology and industrial base guidance required by section
2506 of this title.
``(7) Such other duties as are assigned by the Secretary.
``(e) Reporting of Activities.--The Secretary shall include a
section describing the activities of the Council in the annual report
to Congress required by section 2505 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``188. Industrial Base Council.''.
(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
Industrial Base Council established pursuant to section 188 of this
title.
``(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 operation 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 V--OTHER MATTERS
SEC. 501. CLOTHING ALLOWANCE REQUIREMENT.
The Comptroller General shall conduct a study of the items
purchased under section 418 of title 37, United States Code, to
determine if there is sufficient domestic production of such items to
adequately supply members of the Armed Forces and shall transmit the
results of such study to the Secretary of Defense. Not later than 6
months after receiving the results of such study, the Secretary of
Defense shall transmit to the Committees on Armed Services of the
Senate and the House of Representatives an evaluation on whether such
items under the study should be considered subject to section 2533a of
title 10, United States Code (popularly known as the ``Berry
Amendment'').
SEC. 502. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL GOVERNMENT BE
GIVEN AT LEAST EQUAL IMPORTANCE AS TECHNICAL OR OTHER
CRITERIA IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE
CONTRACTS.
(a) Requirement.--Subparagraph (A) of section 2305(a)(3) of title
10, United States Code, is amended by striking ``proposals; and'' at
the end of clause (ii) and all that follows through the end of the
subparagraph and inserting the following: ``proposals and that must be
assigned importance at least equal to all evaluation factors other than
cost or price when combined.''.
(b) Waiver.--Section 2305(a)(3) of such title is further amended by
striking subparagraph (B) and inserting the following:
``(B) The requirement of subparagraph (A)(ii) relating to assigning
at least equal importance to evaluation factors of cost or price may be
waived by the head of the agency. The authority to issue a waiver under
this subparagraph may not be delegated.''.
(c) Report.--Section 2305(a)(3) of such title is further amended by
adding at the end the following new subparagraph:
``(C) Not later than 180 days after the end of each fiscal year,
the Secretary of Defense shall submit to Congress, and post on a
publicly available website of the Department of Defense, a report
containing a list of each waiver issued by the head of an agency under
subparagraph (B) during the preceding fiscal year.''.
Passed the House of Representatives May 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 423
111th CONGRESS
2d Session
H. R. 5136
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2011 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
_______________________________________________________________________
June 9, 2010
Received; read twice and placed on the calendar