[111th Congress Public Law 383]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 4137]]
Public Law 111-383
111th Congress
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. <<NOTE: Jan. 7,
2011 - [H.R. 6523]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ike Skelton
National Defense Authorization Act for Fiscal Year 2011.>>
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Ike Skelton
National Defense Authorization Act for Fiscal Year 2011''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2011'' shall be
deemed to refer to the ``Ike Skelton National Defense Authorization Act
for Fiscal Year 2011''.
SEC. 2. <<NOTE: 5 USC 9902 note.>> ORGANIZATION OF ACT INTO
DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Navy Programs
Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.
Subtitle C--Joint and Multiservice Matters
Sec. 121. Limitations on biometric systems funds.
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Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
Sec. 215. Demonstration and pilot projects on cybersecurity.
Subtitle C--Missile Defense Programs
Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.
Subtitle E--Other Matters
Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during
research and development of defense systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station, Brunswick,
Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
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Sec. 322. Repeal of conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance and
repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense civilian
employees.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged for
use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military
requirements.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of civilian
passengers and commercial cargoes by Department of Defense
when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of
certain Department of Defense functions by civilian
employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
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Sec. 506. Temporary authority to reduce minimum length of active service
as a commissioned officer required for voluntary retirement
as an officer.
Subtitle B--Reserve Component Management
Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from
active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified
officers and officers with Joint Staff experience.
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-density
assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for medical
reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.
Subtitle E--Military Justice and Legal Matters
Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active duty
health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions
Scholarship and Financial Assistance program.
Subtitle G--Defense Dependents' Education
Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense domestic
dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.
Subtitle H--Decorations and Awards
Sec. 571. Clarification of persons eligible for award of bronze star
medal.
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World War
II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the Vietnam
War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
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Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.
Subtitle J--Other Matters
Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their families
to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.
Subtitle D--Disability, Retired Pay and Survivor Benefits
Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on reducing
eligibility age for receipt of non-regular service retired
pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
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Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.
Subtitle F--Other Matters
Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military
health-care professionals who are members of the National
Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.
Subtitle C--Other Matters
Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after
deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition and
deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Cost estimates for program baselines and contract negotiations
for major defense acquisition and major automated information
system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
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Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the
Department of Defense to carry out certain prototype
projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program;
pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.
Subtitle D--Contractor Matters
Sec. 831. Oversight and accountability of contractors performing private
security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or
deny award fees to companies found to jeopardize the health
or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
Sec. 842. Department of Defense policy on acquisition and performance of
sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not
under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.
Subtitle F--Improve Acquisition Act
Sec. 860. Short title.
Part I--Defense Acquisition System
Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.
Part II--Defense Acquisition Workforce
Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.
Part III--Financial Management
Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.
Part IV--Industrial Base
Sec. 891. Expansion of the industrial base.
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Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational Environmental
Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber events.
Subtitle E--Other Matters
Sec. 941. Two-year extension of authorities relating to temporary waiver
of reimbursement of costs of activities for nongovernmental
personnel at Department of Defense Regional Centers for
Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
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Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay, Cuba,
to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Subtitle E--Homeland Defense and Civil Support
Sec. 1041. Limitation on deactivation of existing Consequence Management
Response Forces.
Subtitle F--Studies and Reports
Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of the
national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Public availability of Department of Defense reports required
by law.
Sec. 1062. Prohibition on infringing on the individual right to lawfully
acquire, possess, own, carry, and otherwise use privately
owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.
Subtitle H--Other Matters
Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
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Sec. 1103. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense
appointment and compensation authority for personnel for care
and treatment of wounded and injured members of the Armed
Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and
cross-servicing agreements to lend certain military equipment
to certain foreign forces for personnel protection and
survivability.
Sec. 1204. Authority to pay personnel expenses in connection with
African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior
Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet Pilot Training
program.
Sec. 1207. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency
Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition
nations for support provided to United States military
operations.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces
supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Reports and Other Matters
Sec. 1231. One-year extension of report on progress toward security and
stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the
Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition
operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export
control system.
Sec. 1238. Report on United States efforts to defend against threats
posed by the anti-access and area-denial capabilities of
certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense
strategy to counter violent extremism outside the United
States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the
United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required
briefings.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
[[Page 124 STAT. 4147]]
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and
threat reduction activities with the People's Republic of
China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.
Subtitle D--Other Matters
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces
Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in
Afghanistan and economic transition plan and economic
strategy for Afghanistan.
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
Sec. 1601. Definition of Department of Defense sexual assault prevention
and response program and other definitions.
[[Page 124 STAT. 4148]]
Sec. 1602. Comprehensive Department of Defense policy on sexual assault
prevention and response program.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.
Subtitle B--Improved and Expanded Availability of Services
Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.
Subtitle C--Reporting Requirements
Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault prevention
and response program.
Sec. 1632. Additional reports.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Funding tables.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in
conjunction with funds provided by the Commonwealth of
Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008
project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2010 projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
[[Page 124 STAT. 4149]]
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for
construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military
construction and real property reports when submitted in
electronic media.
Sec. 2804. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command area of responsibility.
Sec. 2805. Sense of Congress and report regarding employment of veterans
to work on military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special
operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Extension of term of Deputy Secretary of Defense's leadership
of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam
realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.
Subtitle D--Energy Security
Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier,
Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.
Subtitle F--Other Matters
Sec. 2851. Limitation on availability of funds pending report regarding
construction of a new outlying landing field in North
Carolina and Virginia.
[[Page 124 STAT. 4150]]
Sec. 2852. Requirements related to providing world class military
medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and
modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska
Railroad corridor across Federal land in Alaska.
Sec. 2856. Sense of Congress on improving military housing for members
of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing
on military installations.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.
TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the
nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget requests
with respect to the modernization and refurbishment of the
nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of
Energy projects.
Sec. 3115. Establishment of cooperative research and development
centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for appointment
of certain scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into
transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International
Materials Protection, Control, and Accounting Program of the
Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico, and held in trust
for the Pueblo of San Ildefonso.
Sec. 3121. Repeal of sunset provision for modification of minor
construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative
research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 3124. Department of Energy energy parks program.
Subtitle C--Reports
Sec. 3131. Report on graded security protection policy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2011.
[[Page 124 STAT. 4151]]
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Research authority.
SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Navy Programs
Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.
Subtitle C--Joint and Multiservice Matters
Sec. 121. Limitations on biometric systems funds.
Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Army as follows:
(1) For aircraft, $5,908,384,000.
(2) For missiles, $1,670,463,000.
(3) For weapons and tracked combat vehicles, $1,656,263,000.
(4) For ammunition, $1,953,194,000.
(5) For other procurement, $9,758,965,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement for the Navy as follows:
(1) For aircraft, $18,877,139,000.
(2) For weapons, including missiles and torpedoes,
$3,358,264,000.
[[Page 124 STAT. 4152]]
(3) For shipbuilding and conversion, $15,724,520,000.
(4) For other procurement, $6,381,815,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2011 for procurement for the Marine Corps in the amount
of $1,296,838,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2011 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $817,991,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Air Force as follows:
(1) For aircraft, $14,668,408,000.
(2) For ammunition, $672,420,000.
(3) For missiles, $5,444,464,000.
(4) For other procurement, $17,845,342,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2011
for Defense-wide procurement in the amount of $4,398,168,000.
Subtitle B--Navy Programs
SEC. 111. MULTIYEAR FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF
LHA REPLACEMENT SHIP DESIGNATED LHA-7.
(a) Authority to Use Multiple Years of Funding.--The Secretary of
the Navy may enter into a contract for detail design and construction of
the LHA Replacement ship designated LHA-7 that provides that, subject to
subsection (b), funds for payments under the contract may be provided
from amounts authorized to be appropriated for the Department of Defense
for Shipbuilding and Conversion, Navy, for fiscal years 2011 and 2012.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2011 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) The Navy terminated the EP-X program to acquire a new
land-based airborne signals intelligence capability because of
escalating costs and funds budgeted for the program were re-
allocated to other priorities.
(2) The Navy took this action without planning and budgeting
for alternative means to meet operational requirements for
tactical-level and theater-level signals intelligence
capabilities to support the combatant commands and national
intelligence consumers.
(3) The principal Navy airborne signals intelligence
capability today is the EP-3E Airborne Reconnaissance Integrated
Electronic System II (ARIES II)--the aircraft and associated
electronic equipment of this system are aging and will require
[[Page 124 STAT. 4153]]
replacement or substantial ongoing upgrades to continue to meet
requirements.
(4) The Special Projects Aircraft (SPA) platform of the Navy
is the second critical element in the airborne signals
intelligence capability of the Navy and provides the Navy its
most advanced, comprehensive multi-intelligence and quick-
reaction capability available.
(b) Requirement To Maintain Capabilities.--
(1) Prohibition on retirement of platforms.--The Secretary
of the Navy may not retire (or to prepare to retire) the EP-3E
Airborne Reconnaissance Integrated Electronic System II or
Special Projects Aircraft platform.
(2) Maintenance of platforms.--The Secretary of the Navy
shall continue to maintain, sustain, and upgrade the EP-3E
Airborne Reconnaissance Integrated Electronic System II and
Special Projects Aircraft platforms in order to provide
capabilities necessary to operate effectively against rapidly
evolving threats and to meet combatant commander operational
intelligence, surveillance, and reconnaissance requirements.
(3) <<NOTE: Deadline.>> Certification.--Not later than
February 1, 2011, and annually thereafter, the Under Secretary
of Defense for Intelligence and the Vice Chairman of the Joint
Chiefs of Staff shall jointly certify to Congress the following:
(A) The Secretary of the Navy is maintaining and
sustaining the EP-3E Airborne Reconnaissance Integrated
Electronic System II and Special Projects Aircraft
platform in a manner that meets the intelligence,
surveillance, and reconnaissance requirements of the
commanders of the combatant commands.
(B) Any plan for the retirement or replacement of
the EP-3E Airborne Reconnaissance Integrated Electronic
System II or Special Projects Aircraft platform will
provide, in the aggregate, an equivalent or superior
capability and capacity to the platform concerned.
(4) Termination.--The requirements of this subsection with
respect to the EP-3E Airborne Reconnaissance Integrated
Electronic System II or the Special Projects Aircraft platform
shall expire on the commencement of the fielding by the Navy of
a platform or mix of platforms and sensors that are, in the
aggregate, equivalent or superior to the EP-3E Airborne
Reconnaissance Integrated Electronic System II (spiral 3) or the
Special Projects Aircraft (P909) platform.
(c) Restriction on Transfer of Saber Focus Program ISR
Capabilities.--
(1) <<NOTE: Time period. Certification.>> Restriction.--The
Secretary of the Navy may not transfer the Saber Focus unmanned
aerial system, associated equipment, or processing,
exploitation, and dissemination capabilities of the Saber Focus
program to the Secretary of the Air Force until 30 days after
the Secretary of the Air Force certifies to the congressional
defense committees that after such a transfer, the Secretary of
the Air Force will provide intelligence, surveillance, and
reconnaissance (hereinafter in this section referred to as
``ISR'') capabilities at the same or greater capability and
capacity level as the capability or capacity level at which the
Saber Focus program provides such capabilities to the area of
operations concerned as of the date of the enactment of this
Act.
[[Page 124 STAT. 4154]]
(2) Continued navy provision of capabilities.--The Secretary
of the Navy shall continue to provide Saber Focus ISR program
capabilities at the same or greater capability and capacity
level as the capability or capacity level at which the Saber
Focus program provides such capabilities as of the date of the
enactment of this Act to the area of operations concerned
until--
(A) <<NOTE: Certification.>> the certification
referred to in paragraph (1) is provided to the
congressional defense committees; or
(B) <<NOTE: Time period. Certification.>> 30 days
after the Secretary of Defense certifies to the
congressional defense committees that the ISR
capabilities of the Saber Focus program are no longer
required to mitigate the ISR requirements of the
combatant commander in the area of operations concerned.
SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.
(a) Report.--Not later than March 31, 2011, the Secretary of
Defense, in coordination with the Secretary of the Navy and the Chief of
Naval Operations, shall submit to the congressional defense committees a
report on the force structure requirements of the major combatant
surface vessels with respect to ballistic missile defense.
(b) Matters Included.--The report shall include the following:
(1) An analysis of whether the requirement for sea-based
missile defense can be accommodated by upgrading Aegis ships
that exist as of the date of the report or by procuring
additional combatant surface vessels.
(2) A discussion of whether such sea-based missile defense
will require increasing the overall number of combatant surface
vessels beyond the requirement of 88 cruisers and destroyers in
the 313-ship fleet plan of the Navy.
(3) A discussion of the process for determining the number
of Aegis ships needed by each commander of the combatant
commands to fulfill ballistic missile defense requirements,
including (in consultation with the Chairman of the Joints
Chiefs of Staff) the number of such ships needed to support the
phased, adaptive approach to ballistic missile defense in
Europe.
(4) A discussion of the impact of Aegis Ashore missile
defense deployments, as well as deployment of other elements of
the ballistic missile defense system, on Aegis ballistic missile
defense ship force structure requirements.
(5) A discussion of the potential effect of ballistic
missile defense operations on the ability of the Navy to meet
surface fleet demands in each geographic area and for each
mission set.
(6) An evaluation of how the Aegis ballistic missile defense
program can succeed as part of a balanced fleet of adequate size
and strength to meet the security needs of the United States.
(7) A description of both the shortfalls and the benefits of
expected technological advancements in the sea-based missile
defense program.
(8) A description of the anticipated plan for deployment of
Aegis ballistic missile defense ships within the context of the
fleet response plan.
[[Page 124 STAT. 4155]]
SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A-18 AIRCRAFT BY
THE DEPARTMENT OF THE NAVY.
(a) Cost-benefit Analysis of Service Life Extension of F/A-18
Aircraft.--Before the Secretary of the Navy may enter into a program to
extend the service life of F/A-18 aircraft beyond 8,600 hours, the
Secretary shall--
(1) conduct a cost-benefit analysis, in accordance with
Office of Management and Budget Circular A-94, comparing
extending the service life of existing F/A-18 aircraft with
procuring additional F/A-18E or F/A-18F aircraft as a means of
managing the shortfall of the Department of the Navy in strike
fighter aircraft; and
(2) submit to the congressional defense committees a report
on such cost-benefit analysis.
(b) Elements of Cost-benefit Analysis.--The cost-benefit analysis
required by subsection (a)(1) shall include the following:
(1) An estimate of the full costs, over the period covered
by the future-years defense program submitted to Congress under
section 221 of title 10, United States Code, with the budget of
the President, of extending legacy F/A-18 aircraft beyond 8,600
hours, including--
(A) any increases in operation and maintenance costs
associated with operating such aircraft beyond a service
life of 8,600 hours; and
(B) the costs with respect to the airframe,
avionics, software, and aircraft subsystems and
components required to remain relevant in countering
future threats and meeting the warfighting requirements
of the commanders of the combatant commands.
(2) An estimate of the full costs, over the period covered
by such future-years defense program, of procuring such
additional F/A-18E or F/A-18F aircraft as would be required to
meet the strike fighter requirements of the Department of the
Navy in the event the service life of legacy F/A-18 aircraft is
not extended beyond 8,600 hours.
(3) An assessment of risks associated with extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours,
including the level of certainty that the Secretary will be able
to achieve such an extension.
(4) An estimate of the cost-per-flight hour incurred in
operating legacy F/A-18 aircraft with a service life extended
beyond 8,600 hours.
(5) An estimate of the cost-per-flight hour incurred for
operating new F/A-18E or FA-18F aircraft.
(6) An assessment of any alternatives to extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours or
buying additional F/A-18E or F/A-18F aircraft that may be
available to the Secretary to manage the shortfall of the
Department of the Navy in strike fighter aircraft.
(c) Additional Elements of Report.--In addition to the information
required in the cost-benefit analysis under subsection (b), the report
under subsection (a)(2) shall include an assessment of the following:
(1) Differences in capabilities of--
(A) legacy F/A-18 aircraft that have undergone
service-life extension;
(B) F/A-18E or F/A-18F aircraft; and
[[Page 124 STAT. 4156]]
(C) F-35C aircraft.
(2) Differences in capabilities that would result under the
legacy F/A-18 aircraft service-life extension program if such
program would--
(A) provide only airframe-life extensions to the
legacy F/A-18 aircraft fleet; and
(B) provide for airframe-life extensions and
capability upgrades to the legacy F/A-18 aircraft fleet.
(3) Any disruption that procuring additional F/A-18E or F/A-
18F aircraft, rather than extending the service life of legacy
F/A-18 aircraft beyond 8,600 hours, would have on the plan of
the Navy to procure operational carrier-variant Joint Strike
Fighter aircraft.
(4) Any changes that procuring additional F/A-18E or FA-18F
aircraft, rather than extending the service life of legacy F/A-
18 aircraft beyond 8600 hours, would have on the force structure
or force mix intended by the Navy for its carrier air wings.
(5) Any other operational implication of extending (or not
extending) the service life of legacy F/A-18 aircraft that the
Secretary considers appropriate.
(d) Report On Operational F/A-18 Aircraft Squadrons.--Before
reducing the number of F/A-18 aircraft in an operational squadron of the
Navy or Marine Corps, the Secretary shall submit to the congressional
defense committees a report that discusses the operational risks and
impacts of reducing the squadron size. The report shall include an
assessment of the following:
(1) The effect of the reduction on the operational
capability and readiness of the Navy and the Marine Corps to
conduct overseas contingency operations.
(2) The effect of the reduction on the capability of the
Navy and the Marine Corps to meet ongoing operational demands.
(3) Any mechanisms the Secretary intends to use to mitigate
any risks associated with the squadron size reduction.
(4) The effect of the reduction on pilots and ground support
crews of F/A-18 aircraft, in terms of training, readiness, and
war fighting capabilities.
(e) Report On F/A-18 Aircraft Training Squadrons.--Before reducing
the size of an F/A-18 aircraft training squadron, or transferring an F/
A-18 training aircraft for operational needs, the Secretary shall submit
to the congressional defense committees a report that describes--
(1) any risks to sustaining required training of F/A-18
aircraft pilots with a reduced training aircraft base; and
(2) any actions the Navy is taking to mitigate the risks
described under paragraph (1).
Subtitle C--Joint and Multiservice Matters
SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2011 for biometrics programs and
operations, not more than 85 percent may be obligated or expended
until--
[[Page 124 STAT. 4157]]
(1) <<NOTE: Reports.>> the Secretary of Defense submits to
the congressional defense committees a report on the actions
taken and planned to be taken--
(A) to implement subparagraphs (A) through (F) of
paragraph (16) of the National Security Presidential
Directive dated June 5, 2008 (NSPD-59);
(B) to implement the recommendations of the
Comptroller General of the United States included in the
report of the Comptroller General numbered GAO-08-1065
dated September 2008;
(C) to implement the recommendations of the
Comptroller General included in the report of the
Comptroller General numbered GAO-09-49 dated October
2008;
(D) to fully and completely characterize the current
biometrics architecture and establish the objective
architecture for the Department of Defense;
(E) to ensure that an official of the Office of the
Secretary of Defense has the authority necessary to be
responsible for ensuring that all funding for biometrics
programs and operations is programmed, budgeted, and
executed; and
(F) to ensure that an officer within the Office of
the Joint Chiefs of Staff has the authority necessary to
be responsible for ensuring the development and
implementation of common and interoperable standards for
the collection, storage, and use of biometrics data by
all commanders of the combatant commands and their
commands; and
(2) a period of 30 days has elapsed after the date on which
the report is submitted under paragraph (1).
SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F-35 JOINT
STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) System Management Plan.--
(1) Plan required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall establish a management plan for the F-35 Joint
Strike Fighter aircraft program under which decisions to commit
to specified levels of production are linked to progress in
meeting specified program milestones, including design,
manufacturing, testing, and fielding milestones for critical
system maturity elements.
(2) Nature of plan.--The plan under paragraph (1) shall
align technical progress milestones with acquisition milestones
in a system maturity matrix. The matrix shall provide criteria
and conditions for comparing expected levels of demonstrated
system maturity with annual production commitments, starting
with the fiscal year 2012 production program, and continuing
over the remaining life of the system development and
demonstration program. The matrix and criteria shall include
elements such as the following:
(A) Manufacturing maturity, including on-time
deliveries, manufacturing process control, quality
rates, and labor efficiency rates.
(B) Engineering maturity, including metrics for the
number of new design actions and number of design
changes in a given period.
[[Page 124 STAT. 4158]]
(C) Performance and testing progress, including test
points, hours and flights accomplished, capabilities
demonstrated, key performance parameters, and attributes
demonstrated.
(D) Mission effectiveness and system reliability,
including operational effectiveness and reliability
growth.
(E) Training, fielding, and deployment status.
(b) Reports to Congress.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the plan
required by subsection (a). The report shall include--
(A) the proposed system maturity matrix described in
subsection (a)(2), including a description, for each
element specified in the matrix under subsection (a)(2),
of the criteria and milestones to be used in evaluating
actual program performance against planned performance
for each annual production commitment; and
(B) a description of the actions to be taken to
implement the plan.
(2) Updates.--The Secretary shall submit to Congress, at or
about the same time as the submittal to Congress of the budget
of the President for any fiscal year after fiscal year 2012 (as
submitted pursuant to section 1105(a) of title 31, United States
Code), any modification to the plan required by subsection (a)
that was made during the preceding calendar year, including a
rationale for each such modification.
(c) Report on Capabilities of Marine Corps Variant of F-35 Fighter
Aircraft at Initial Operating Capability.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the expected
capabilities of the F-35B Joint Strike Fighter aircraft at the
time when the Marine Corps plans to declare Initial Operating
Capability for the F-35B Joint Strike Fighter aircraft. The
report shall be prepared in consultation with the Under
Secretary of Defense for Acquisition, Technology, and Logistics.
(2) Elements.--The report under paragraph (1) shall
including a description of the following with respect to the F-
35B Joint Strike Fighter aircraft:
(A) Performance of the aircraft and its subsystems,
compared to key performance parameters.
(B) Expected capability to perform Marine Corps
missions.
(C) Required maintenance and logistics standards,
including mission capability rates.
(D) Expected levels of crew training and
performance.
(E) Product improvements that are planned before the
Initial Operating Capability of the aircraft to be made
after the Initial Operating Capability of the aircraft,
as planned in March 2010.
SEC. 123. <<NOTE: 10 USC 167 note.>> QUARTERLY REPORTS ON USE OF
COMBAT MISSION REQUIREMENTS FUNDS.
(a) Quarterly Reports Required.--
(1) In general.--Not later than 30 days after the end of
each fiscal quarter, the commander of the United States
[[Page 124 STAT. 4159]]
Special Operations Command shall submit to the congressional
defense committees a report on the use of Combat Mission
Requirements funds during the preceding fiscal quarter.
(2) Combat mission requirements funds.--For purposes of this
section, Combat Mission Requirements funds are amounts available
to the Department of Defense for Defense-wide procurement in the
Combat Mission Requirements subaccount of the Defense-wide
Procurement account.
(b) Elements.--Each report under subsection (a) shall include, for
the fiscal quarter covered by such report, the following:
(1) The balance of the Combat Mission Requirements
subaccount at the beginning of such quarter.
(2) The balance of the Combat Mission Requirements
subaccount at the end of such quarter.
(3) Any transfer of funds into or out of the Combat Mission
Requirements subaccount during such quarter, including the
source of any funds transferred into the subaccount, and the
objective of any transfer of funds out of the subaccount.
(4) A description of any requirement--
(A) approved for procurement using Combat Mission
Requirements funds during such quarter; or
(B) procured using such funds during such quarter.
(5) With respect to each description of a requirement under
paragraph (4), the amount of Combat Mission Requirements funds
committed to the procurement or approved procurement of such
requirement.
(c) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 124. <<NOTE: 10 USC 113 note.>> 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.
[[Page 124 STAT. 4160]]
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall ensure that the Secretary of each military
department coordinates and collaborates on development of the
database to ensure its interoperability, completeness,
consistency, and effectiveness.
(b) Metrics.--The Secretary of Defense, acting through the Director
of the Joint Improvised Explosive Device Defeat Organization, shall--
(1) develop appropriate means to measure the effectiveness
of counter-improvised explosive device initiatives; and
(2) prioritize the funding of such initiatives according to
such means.
(c) Counter-improvised Explosive Device Initiative Defined.--In this
section, the term ``counter-improvised explosive device initiative''
means any project, program, or research activity funded by any component
of the Department of Defense that is intended to assist or support
efforts to counter, combat, or defeat the use of improvised explosive
devices.
SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.
(a) Study Required.--The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
conduct a study to--
(1) assess the effectiveness of the processes used by the
Secretary to identify and examine the requirements for lighter
weight body armor systems; and
(2) determine ways in which the Secretary may more
effectively address the research, development, and procurement
requirements regarding reducing the weight of body armor.
(b) Matters Covered.--The study conducted under subsection (a) shall
include findings and recommendations regarding the following:
(1) The requirement for lighter weight body armor and
personal protective equipment and the ability of the Secretary
to meet such requirement.
(2) Innovative design ideas for more modular body armor that
allow for scalable protection levels for various missions and
threats.
(3) The need for research, development, and acquisition
funding dedicated specifically for reducing the weight of body
armor.
(4) The efficiency and effectiveness of current body armor
funding procedures and processes.
(5) Industry concerns, capabilities, and willingness to
invest in the development and production of lightweight body
armor initiatives.
(6) Barriers preventing the development of lighter weight
body armor (including such barriers with respect to technical,
institutional, or financial problems).
(7) Changes to procedures or policy with respect to
lightweight body armor.
(8) Other areas of concern not previously addressed by
equipping boards, body armor producers, or program managers.
(c) <<NOTE: Deadline.>> 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).
[[Page 124 STAT. 4161]]
SEC. 126. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO CERTAIN
AIRCRAFT.
(a) Analysis of Feasibility Required.--The Secretary of Defense
shall conduct an analysis of the feasibility of integrating solid state
laser systems into the aircraft platforms specified in subsection (b)
for purposes of permitting such aircraft to accomplish their missions,
including to provide close air support.
(b) Aircraft.--The aircraft platforms specified in this subsection
shall include, at a minimum, the following:
(1) The C-130 aircraft.
(2) The B-1 bomber aircraft.
(3) The F-35 fighter aircraft.
(c) Scope of Analysis.--The analysis required by subsection (a)
shall include a determination of the following:
(1) The estimated cost per unit of each laser system
analyzed.
(2) The estimated cost of operation and maintenance of each
aircraft platform specified in subsection (b) in connection with
each laser system analyzed, noting that the fidelity of such
analysis may not be uniform for all aircraft platforms.
SEC. 127. <<NOTE: 10 USC 2302 note.>> CONTRACTS FOR COMMERCIAL
IMAGING SATELLITE CAPACITIES.
(a) Telescope Requirements Under Contracts After 2010.--Except as
provided in subsection (b), any contract for additional commercial
imaging satellite capability or capacity entered into by the Department
of Defense after December 31, 2010, shall require that the imaging
telescope providing such capability or capacity under such contract has
an aperture of not less than 1.5 meters.
(b) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if--
(1) <<NOTE: Certification.>> the Secretary submits to the
congressional defense committees written certification that the
waiver is in the national security interests of the United
States; and
(2) <<NOTE: Time period.>> a period of 30 days has elapsed
following the date on which the certification under paragraph
(1) is submitted.
(c) Continuation of Current Contracts.--The limitation in subsection
(a) may not be construed to prohibit or prevent the Secretary of Defense
from continuing or maintaining current commercial imaging satellite
capability or capacity in orbit or under contract by December 31, 2010.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
[[Page 124 STAT. 4162]]
Sec. 215. Demonstration and pilot projects on cybersecurity.
Subtitle C--Missile Defense Programs
Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.
Subtitle E--Other Matters
Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during
research and development of defense systems.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,093,704,000.
(2) For the Navy, $17,881,008,000.
(3) For the Air Force, $27,319,627,000.
(4) For Defense-wide activities, $21,292,576,000, of which
$194,910,000 is authorized for the Director of Operational Test
and Evaluation.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF SCIENCE,
MATHEMATICS, AND ENGINEERING EDUCATION.
(a) Discharge of Support Through Military Departments.--Section
2192(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Defense may carry out the authority in
paragraph (1) through the Secretaries of the military departments.''.
[[Page 124 STAT. 4163]]
(b) Partnership Intermediaries for Purposes of Education
Partnerships.--Section 2194 of such title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) The Secretary of Defense may permit the director of a defense
laboratory to enter into a cooperative agreement with an appropriate
entity to act as an intermediary and assist the director in carrying out
activities under this section.''.
SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY FOR OPERATION OF NATIONAL
CYBER RANGE.
(a) <<NOTE: Time period.>> Prohibition on Use of Funds Pending
Report.--Amounts authorized to be appropriated by this Act and available
to the Defense Advanced Research Projects Agency may not be obligated or
expended for the National Cyber Range established in support of the
Comprehensive National Cybersecurity Initiative until the date that is
90 days after the date on which the Under Secretary of Defense for
Acquisition, Technology, and Logistics submits to the Committees on
Armed Services of the Senate and the House of Representatives a report
described in subsection (c).
(b) <<NOTE: Time period.>> Limitation on Use of Funds After
Report.--Commencing on the date that is 90 days after the date on which
the Under Secretary submits a report described in subsection (c),
amounts described in subsection (a) shall be available for obligation or
expenditure only for the purposes of research and development activities
that the Under Secretary considers appropriate for ensuring and
assessing the functionality of the National Cyber Range.
(c) Report.--
(1) In general.--The report described in this subsection is
a report setting forth a plan for the transition of the National
Cyber Range to operation and sustainment.
(2) Elements.--The report shall include, at a minimum, the
following:
(A) An analysis of various potential recipients
under the transition of the National Cyber Range.
(B) For each recipient analyzed under subparagraph
(A), a description of the proposed transition of the
National Cyber Range to such recipient, including the
proposed schedule and funding for such transition.
(3) Potential recipients.--The recipients analyzed in the
report under paragraph (2)(A) shall include, at a minimum, the
following:
(A) A consortium for the operation and sustainment
of the National Cyber Range as a government-owned,
government-operated facility.
(B) A consortium for the operation and sustainment
of the National Cyber Range as a government-owned,
contractor-operated facility.
SEC. 213. <<NOTE: 10 USC 221 note.>> 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
[[Page 124 STAT. 4164]]
Secretary shall ensure that within each research, development, test, and
evaluation account of the Army and the Navy a separate, dedicated
program element is assigned to the Joint Light Tactical Vehicle.
SEC. 214. <<NOTE: 10 USC 2358 note.>> PROGRAM FOR RESEARCH,
DEVELOPMENT, AND DEPLOYMENT OF ADVANCED
GROUND VEHICLES, GROUND VEHICLE SYSTEMS,
AND COMPONENTS.
(a) Program Authorized.--The Secretary of Defense may carry out a
program for research and development on, and deployment of, advanced
technology ground vehicles, ground vehicle systems, and components
within the Department of Defense.
(b) Goals and Objectives.--The goals and objectives of the program
authorized by subsection (a) are as follows:
(1) To identify and support technological advances that are
necessary for the development of advanced technologies for use
in ground vehicles of types to be used by the Department of
Defense.
(2) To procure and deploy significant quantities of advanced
technology ground vehicles for use by the Department.
(3) To maximize the leverage of Federal and nongovernment
funds used for the development and deployment of advanced
technology ground vehicles, ground vehicle systems, and
components.
(c) Elements of Program.--The program authorized by subsection (a)
may include--
(1) enhanced research and development activities for
advanced technology ground vehicles, ground vehicle systems, and
components, including--
(A) increased investments in research and
development of batteries, advanced materials, power
electronics, fuel cells and fuel cell systems, hybrid
systems, and advanced engines;
(B) pilot projects for the demonstration of advanced
technologies in ground vehicles for use by the
Department of Defense; and
(C) the establishment of public-private
partnerships, including research centers, manufacturing
and prototyping facilities, and test beds, to speed the
development, deployment, and transition to use of
advanced technology ground vehicles, ground vehicle
systems, and components; and
(2) enhanced activities to procure and deploy advanced
technology ground vehicles in the Department, including--
(A) preferences for the purchase of advanced
technology ground vehicles;
(B) the use of authorities available to the
Secretary of Defense to stimulate the development and
production of advanced technology systems and ground
vehicles through purchases, loan guarantees, and other
mechanisms;
(C) pilot programs to demonstrate advanced
technology ground vehicles and associated infrastructure
at select defense installations;
(D) metrics to evaluate environmental and other
benefits, life cycle costs, and greenhouse gas emissions
associated with the deployment of advanced technology
ground vehicles; and
[[Page 124 STAT. 4165]]
(E) schedules and objectives for the conversion of
the ground vehicle fleet of the Department to advanced
technology ground vehicles.
(d) Cooperation With Industry and Academia.--
(1) In general.--The Secretary may carry out the program
authorized by subsection (a) through partnerships and other
cooperative agreements with private sector entities, including--
(A) universities and other academic institutions;
(B) companies in the automobile and truck
manufacturing industry;
(C) companies that supply systems and components to
the automobile and truck manufacturing industry; and
(D) any other companies or private sector entities
that the Secretary considers appropriate.
(2) Nature of cooperation.--The Secretary shall ensure that
any partnership or cooperative agreement under paragraph (1)
provides for private sector participants to collectively
contribute, in cash or in kind, not less than one-half of the
total cost of the activities carried out under such partnership
or cooperative agreement.
(e) Coordination With Other Federal Agencies.--The program
authorized by subsection (a) shall be carried out, to the maximum extent
practicable, in coordination with the Department of Energy and other
appropriate departments and agencies of the Federal Government.
SEC. 215. <<NOTE: 10 USC 2225 note.>> DEMONSTRATION AND PILOT
PROJECTS ON CYBERSECURITY.
(a) Demonstration Projects on Processes for Application of
Commercial Technologies to Cybersecurity Requirements.--
(1) Projects required.--The Secretary of Defense and the
Secretaries of the military departments shall jointly carry out
demonstration projects to assess the feasibility and
advisability of using various business models and processes to
rapidly and effectively identify innovative commercial
technologies and apply such technologies to Department of
Defense and other cybersecurity requirements.
(2) Scope of projects.--Any demonstration project under
paragraph (1) shall be carried out in such a manner as to
contribute to the cyber policy review of the President and the
Comprehensive National Cybersecurity Initiative.
(b) Pilot Programs on Cybersecurity Required.--The Secretary of
Defense shall support or conduct pilot programs on cybersecurity with
respect to the following areas:
(1) Threat sensing and warning for information networks
worldwide.
(2) Managed security services for cybersecurity within the
defense industrial base, military departments, and combatant
commands.
(3) Use of private processes and infrastructure to address
threats, problems, vulnerabilities, or opportunities in
cybersecurity.
(4) Processes for securing the global supply chain.
(5) Processes for threat sensing and security of cloud
computing infrastructure.
(c) Reports.--
[[Page 124 STAT. 4166]]
(1) Reports required.--Not later than 240 days after the
date of the enactment of this Act, and annually thereafter at or
about the time of the submittal to Congress of the budget of the
President for a fiscal year (as submitted pursuant to section
1105(a) of title 31, United States Code), the Secretary of
Defense shall, in coordination with the Secretary of Homeland
Security, submit to Congress a report on any demonstration
projects carried out under subsection (a), and on the pilot
projects carried out under subsection (b), during the preceding
year.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description and assessment of any activities
under the demonstration projects and pilot projects
referred to in paragraph (1) during the preceding year.
(B) For the pilot projects supported or conducted
under subsection (b)(2)--
(i) a quantitative and qualitative assessment
of the extent to which managed security services
covered by the pilot project could provide
effective and affordable cybersecurity
capabilities for components of the Department of
Defense and for entities in the defense industrial
base, and an assessment whether such services
could be expanded rapidly to a large scale without
exceeding the ability of the Federal Government to
manage such expansion; and
(ii) an assessment of whether managed security
services are compatible with the cybersecurity
strategy of the Department of Defense with respect
to conducting an active, in-depth defense under
the direction of United States Cyber Command.
(C) For the pilot projects supported or conducted
under subsection (b)(3)--
(i) a description of any performance metrics
established for purposes of the pilot project, and
a description of any processes developed for
purposes of accountability and governance under
any partnership under the pilot project; and
(ii) an assessment of the role a partnership
such as a partnership under the pilot project
would play in the acquisition of cyberspace
capabilities by the Department of Defense,
including a role with respect to the development
and approval of requirements, approval and
oversight of acquiring capabilities, test and
evaluation of new capabilities, and budgeting for
new capabilities.
(D) For the pilot projects supported or conducted
under subsection (b)(4)--
(i) a framework and taxonomy for evaluating
practices that secure the global supply chain, as
well as practices for securely operating in an
uncertain or compromised supply chain;
(ii) an assessment of the viability of
applying commercial practices for securing the
global supply chain; and
[[Page 124 STAT. 4167]]
(iii) an assessment of the viability of
applying commercial practices for securely
operating in an uncertain or compromised supply
chain.
(E) For the pilot projects supported or conducted
under subsection (b)(5)--
(i) an assessment of the capabilities of
Federal Government providers to offer secure cloud
computing environments; and
(ii) an assessment of the capabilities of
commercial providers to offer secure cloud
computing environments to the Federal Government.
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle C--Missile Defense Programs
SEC. 221. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress--
(1) that the phased, adaptive approach to missile defense in
Europe is an appropriate response to the existing ballistic
missile threat from Iran to the European territory of North
Atlantic Treaty Organization countries, and to potential future
ballistic missile capabilities of Iran;
(2) that the phased, adaptive approach to missile defense in
Europe is not intended to, and will not, provide a missile
defense capability relative to the ballistic missile deterrent
forces of the Russian Federation, or diminish strategic
stability with the Russian Federation;
(3) to support the efforts of the United States Government
and the North Atlantic Treaty Organization to pursue cooperation
with the Russian Federation on ballistic missile defense
relative to Iranian missile threats;
(4) that the ground-based midcourse defense system deployed
in Alaska and California currently provides adequate defensive
capability for the United States against currently anticipated
future long-range ballistic missile threats from Iran, and this
capability will be enhanced as the system is improved, including
by the planned deployment of an AN/TPY-2 radar in southern
Europe in 2011;
(5) that the ground-based midcourse defense system should be
maintained, enhanced, and adequately tested to ensure its
operational capability through its service life;
(6) that the United States should, as stated in its
unilateral statement accompanying the New START Treaty,
``continue improving and deploying its missile defense systems
in order to defend itself against limited attack and as part of
our collaborative approach to strengthening stability in key
regions'';
(7) that, as part of this effort, the Department of Defense
should pursue the development, testing, and deployment of
operationally effective versions of all variants of the standard
missile-3 for all four phases of the phased, adaptive approach
to missile defense in Europe;
(8) that the standard missile-3 block IIB interceptor
missile planned for deployment in phase 4 of the phased,
adaptive approach should be capable of addressing the potential
future threat of intermediate-range and long-range ballistic
missiles
[[Page 124 STAT. 4168]]
from Iran, including intercontinental ballistic missiles that
could be capable of reaching the United States;
(9) that there are no constraints contained in the New START
Treaty on the development or deployment by the United States of
effective missile defenses, including all phases of the phased,
adaptive approach to missile defense in Europe and further
enhancements to the ground-based midcourse defense system, as
well as future missile defenses; and
(10) that the Department of Defense should continue the
development, testing, and assessment of the two-stage ground-
based interceptor in such a manner as to provide a hedge against
potential technical challenges with the development of the
standard missile-3 block IIB interceptor missile as a means of
augmenting the defense of Europe and of the homeland against a
limited ballistic missile attack from nations such as North
Korea or Iran.
(b) New START Treaty Defined.--In this section, the term ``New START
Treaty'' means the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010.
SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE
DEFENSE AGENCY WITH FOREIGN ENTITIES.
Section 222 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431
note) is repealed.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSE
INTERCEPTORS IN EUROPE.
(a) <<NOTE: 10 USC 2431 note.>> Limitation on Construction and
Deployment of Interceptors.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2011 or any fiscal year thereafter may be obligated or
expended for site activation, construction, or deployment of missile
defense interceptors on European land as part of the phased, adaptive
approach to missile defense in Europe until--
(1) <<NOTE: International agreements.>> any nation agreeing
to host such system has signed and ratified a missile defense
basing agreement and a status of forces agreement authorizing
the deployment of such interceptors; and
(2) <<NOTE: Time period.>> 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) <<NOTE: 10 USC 2431 note.>> Limitation on Procurement or
Deployment of Interceptors.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2011 or any fiscal year thereafter may be obligated or
expended for the procurement (other than initial long-lead procurement)
or deployment of operational missiles on European land as part of the
phased, adaptive approach to missile defense in Europe until the
Secretary of Defense, after receiving the views of the Director of
Operational Test and Evaluation, submits to the congressional defense
committees a report certifying that the proposed interceptor
[[Page 124 STAT. 4169]]
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) <<NOTE: 10 USC 2431 note.>> Waiver.--The Secretary of Defense
may waive the limitations in subsections (a) and (b) if--
(1) <<NOTE: Certification.>> the Secretary submits to the
congressional defense committees written certification that the
waiver is in the urgent national security interests of the
United States; and
(2) <<NOTE: Time period.>> a period of seven days has
elapsed following the date on which the certification under
paragraph (1) is submitted.
(d) <<NOTE: 10 USC 2431 note.>> Construction.--Nothing in this
section shall be construed so as to limit the obligation and expenditure
of funds for any missile defense activities not otherwise limited by
subsection (a) or (b), including, with respect to the planned
deployments of missile defense interceptors on European land as part of
the phased, adaptive approach to missile defense in Europe--
(1) research, development, test and evaluation;
(2) site surveys;
(3) studies and analyses; and
(4) site planning and design and construction design.
(e) Conforming Repeal.--Section 234 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat.
2234) is <<NOTE: 10 USC 2431 note.>> repealed.
SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM.
(a) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated in this title for fiscal year 2011 for research,
development, test, and evaluation, Army, of the amount that corresponds
with budget activity five, line 117, in the budget transmitted to
Congress by the President for fiscal year 2011, not more than 25 percent
may be obligated or expended until the date on which--
(1) the Secretary of Defense completes the critical design
review and the system program review for the medium extended air
defense system program and decides to proceed with the program;
and
(2) <<NOTE: Reports.>> the Secretary submits in writing to
the congressional defense committees a report containing the
decision referred to in paragraph (1) to proceed with the medium
extended air defense system.
(b) Further Limitations.--
(1) <<NOTE: Time period. Reports.>> In general.--Of the
amounts authorized to be appropriated in this title for fiscal
year 2011 for research, development, test, and evaluation, Army,
of the amount that corresponds with budget activity five, line
117, in the budget transmitted to Congress by the President for
fiscal year 2011, not more than 50 percent may be obligated or
expended until a period of 30 days have elapsed following the
date on which the Secretary submits to the congressional defense
committees a report containing the elements specified in
paragraph (2).
(2) Elements of report.--The elements specified in this
paragraph for the report described in paragraph (1) are the
following:
(A) A detailed description of the decision described
in subsection (a)(1) and the explanation for that
decision.
[[Page 124 STAT. 4170]]
(B) A cost estimate performed by the Director of
Cost Assessment and Program Evaluation of the medium
extended air defense system program, including an
analysis of the cost growth in the program and an
explanation of what effect such cost growth would have
if the program were subject to the provisions of section
2433 of title 10, United States Code (commonly referred
to as the ``Nunn-McCurdy Act'').
(C) An analysis of alternatives to the medium
extended air defense system program and its component
elements.
(D) A description of the planned schedule and cost
for the development, production, and deployment of the
medium extended air defense system, including the cost
and schedule for any variations to the baseline program
to be fielded by the Armed Forces.
(E) A description of the role of Germany and Italy
in the medium extended air defense system program,
including the role of such countries in procurement or
production of elements of such program.
(F) Any other matters that the Secretary of Defense
considers appropriate.
(c) Form of Reports.--The reports submitted under this section shall
be submitted in unclassified form, but may include a classified annex.
SEC. 225. <<NOTE: 10 USC 223 note.>> ACQUISITION ACCOUNTABILITY
REPORTS ON THE BALLISTIC MISSILE DEFENSE
SYSTEM.
(a) Baselines Required.--The Secretary of Defense shall ensure that
the Missile Defense Agency establishes and maintains an acquisition
baseline for each program element of the ballistic missile defense
system, as specified in section 223 of title 10, United States Code.
(b) Elements of Baselines.--Each acquisition baseline required by
subsection (a) for a program element shall include the following:
(1) A comprehensive schedule for the program element,
including--
(A) research and development milestones;
(B) acquisition milestones, including design reviews
and key decision points;
(C) key test events, including ground and flight
tests and ballistic missile defense system tests; and
(D) delivery and fielding schedules.
(2) A detailed technical description of--
(A) the capability to be developed, including
hardware and software;
(B) system requirements;
(C) how the proposed capability satisfies a
capability identified by the commanders of the combatant
commands on a prioritized capabilities list;
(D) key knowledge points that must be achieved to
permit continuation of the program and to inform
production and deployment decisions; and
(E) how the Missile Defense Agency plans to improve
the capability over time.
(3) A cost estimate for the program element, including--
(A) a life cycle cost estimate;
[[Page 124 STAT. 4171]]
(B) program acquisition unit costs for the program
element;
(C) average procurement unit costs and program
acquisition costs for the program element; and
(D) an identification when the program joint cost
analysis requirements description document is scheduled
to be approved.
(4) A test baseline summarizing the comprehensive test
program for the program element outlined in the integrated
master test plan.
(c) Annual Reports on Acquisition Baselines.--
(1) Annual reports required.--Not later than February 15,
2011, and annually thereafter, the Director of the Missile
Defense Agency shall submit to the congressional defense
committees a report on the acquisition baselines required by
subsection (a). The first such report shall set forth the
acquisition baselines, and each later report shall identify the
significant changes or variances, if any, in any such baseline
from any earlier report under this subsection.
(2) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(d) Annual Reports on Missile Defense Executive Board Activities.--
The Director shall include in each report under subsection (c) a
description of the activities of the Missile Defense Executive Board
during the preceding fiscal year, including the following:
(1) A list of each meeting of the Board during the preceding
fiscal year.
(2) The agenda and issues considered at each such meeting.
(3) A description of any decisions or recommendations made
by the Board at each such meeting.
SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED EARLY
WARNING WITH THE CZECH REPUBLIC.
(a) Authority to Support Shared Early Warning.--During fiscal years
2011 and 2012, the Secretary of Defense may carry out a program to
provide a ballistic missile shared early warning capability for the
United States and the Czech Republic.
(b) Fiscal Year 2011 Funding Authorization.--
(1) Of the funds authorized to be appropriated by this Act
or any other Act for fiscal year 2011 for Operation and
Maintenance, Air Force, $1,700,000 may be available for the
purposes described in subsection (a).
(2) Of the funds authorized to be appropriated by this Act
or any other Act for fiscal year 2011 for Other Procurement, Air
Force, $500,000 may be available for the purposes described in
subsection (a).
SEC. 227. REPORT ON PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE
IN EUROPE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the phased, adaptive
approach to missile defense in Europe.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A detailed explanation of--
[[Page 124 STAT. 4172]]
(A) the analytic basis (including the analytic
process and methodology) that led to the recommendation
of the Secretary of Defense and the Joint Chiefs of
Staff to pursue the phased, adaptive approach to missile
defense in Europe, including the ability to defend
deployed forces of the United States, allies, and
partners in Europe, and the United States homeland,
against the existing, emerging, and future threat from
Iranian ballistic missiles in a timely and flexible
manner; and
(B) the planned defensive coverage of Europe
provided by such missile defense.
(2) A detailed explanation of the specific elements planned
for each of the four phases of the phased, adaptive approach to
missile defense in Europe, including schedules and parameters of
planned deployments of missile defense systems at sea and on
land, and the knowledge points or milestones that will be
required prior to operational deployment of those elements.
(3) A description of the factors and processes that will be
used to determine the eventual numbers and locations of
interceptors that will be deployed at sea and on land, and the
concept of operations that will enable the phased, adaptive
approach to missile defense in Europe to be operated in a
flexible, adaptable, and survivable manner.
(4) A description of the status of the development or
production of the various elements of the phased, adaptive
approach to missile defense in Europe, particularly the
development of the standard missile-3, block IIA and block IIB
interceptors, including the technical readiness levels of those
systems under development and the plans for retiring the
technical risks of such systems.
(5) A description of the advances in technology that are
expected to permit enhanced defensive capability of the phased,
adaptive approach to missile defense in Europe, including
airborne infrared sensor technology, space sensor technology,
and enhanced battle management, command, control, and
communications.
(6) A discussion of how the phased, adaptive approach to
missile defense in Europe will meet the operational needs of the
commander of the United States European Command, and how it
relates to plans to use a phased, adaptive approach to missile
defense in other geographic regions.
(7) An explanation of--
(A) the views of the North Atlantic Treaty
Organization on the phased, adaptive approach to missile
defense in Europe; and
(B) how such missile defense fits into the current
missile defense strategy of NATO.
(c) Form.--The report shall be in unclassified form, but may include
a classified annex.
SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-BASED
MIDCOURSE DEFENSE SYSTEM.
(a) Independent Review and Assessment Required.--The Secretary of
Defense shall select an appropriate entity outside the Department of
Defense to conduct an independent review and assessment of the ground-
based midcourse defense system.
[[Page 124 STAT. 4173]]
(b) Elements.--The review and assessment required by this section
shall address the current plans of the Department of Defense with
respect to the following:
(1) The force structure and inventory levels necessary for
the ground-based midcourse defense system to achieve the planned
capabilities of that system, including an analysis of costs and
potential advantages of deploying additional operational ground-
based interceptor missiles.
(2) The number of ground-based interceptor missiles
necessary for operational assets, test assets (including
developmental and operational test assets and aging and
surveillance test assets), and spare missiles for the ground-
based midcourse defense system.
(3) The plan to maintain the operational effectiveness of
the ground-based midcourse defense system over the course of its
service life, including any modernization or capability
enhancement efforts, and any sustainment efforts.
(4) The plan for funding the development, production,
deployment, testing, improvement, and sustainment of the ground-
based midcourse defense system.
(5) The plan for flight testing the ground-based midcourse
defense system, including aging and surveillance tests to
demonstrate the continuing effectiveness of the system over the
course of its service life.
(6) The plan for production of ground-based interceptor
missiles necessary for operational test assets, aging and
surveillance test assets, and spare missiles for the ground-
based midcourse defense system.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the entity conducting the review and assessment under this
section shall submit to the Secretary and the congressional defense
committees a report containing--
(1) the results of the review and assessment; and
(2) any recommendations on how the Department of Defense may
improve upon its plans to ensure the availability, reliability,
maintainability, supportability, and improvement of the ground-
based midcourse defense system.
SEC. 229. <<NOTE: Israel.>> IRON DOME SHORT-RANGE ROCKET DEFENSE
PROGRAM.
Of the funds authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide, the Secretary
of Defense may provide up to $205,000,000 to the government of Israel
for the Iron Dome short-range rocket defense system.
Subtitle D--Reports
SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM
REQUIREMENTS FOR THE GROUND COMBAT VEHICLE
PROGRAM.
(a) Report Required.--Not later than January 15, 2011, the Secretary
of the Army shall submit to the congressional defense committees a
report on the Ground Combat Vehicle program of the Army. Such report
shall include--
(1) the results of the analysis of alternatives conducted
prior to milestone A, including any technical data; and
[[Page 124 STAT. 4174]]
(2) an explanation of any plans to adjust the requirements
of the Ground Combat Vehicle program during the technology
development phase of such program.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Limitation on Obligation of Funds.--Of the funds authorized to
be appropriated by this or any other Act for fiscal year 2011 for
research, development, test, and evaluation, Army, for development of
the Ground Combat Vehicle, not more than 50 percent may be obligated or
expended until the date that is 30 days after the date on which the
report is submitted under subsection (a).
SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED MUNITIONS.
(a) Cost Benefit Analysis Required.--
(1) In general.--The Secretary of the Army shall conduct a
cost benefit analysis of future munitions to be fired from the
M1 Abrams series main battle tank to determine the proper
investment to be made in tank munitions, including beyond line
of sight technology.
(2) Elements.--The cost benefit analysis under paragraph (1)
shall include--
(A) the predicted operational performance of future
tank-fired munitions, including those incorporating
beyond line of sight technology, based on the relevant
modeling and simulation of future combat scenarios of
the Army, including a detailed analysis on the
suitability of each munition to address the full
spectrum of targets across the entire range of the tank
(including close range, mid-range, long-range, and
beyond line of sight);
(B) a detailed assessment of the projected costs to
develop and field each tank-fired munition included in
the analysis, including those incorporating beyond line
of sight technology; and
(C) a comparative analysis of each tank-fired
munition included in the analysis, including suitability
to address known capability gaps and overmatch against
known and projected threats.
(3) Munitions included.--In conducting the cost benefit
analysis under paragraph (1), the Secretary shall include, at a
minimum, the Mid-Range Munition, the Advanced Kinetic Energy
round, and the Advanced Multipurpose Program.
(b) Briefing.--Not later than April 15, 2011, the Secretary shall
provide a detailed briefing to the congressional defense committees on
the cost benefit analysis conducted under subsection (a).
SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX)
PRESIDENTIAL HELICOPTER ACQUISITION
PROGRAM.
(a) Annual GAO Review.--During the period beginning on the date of
the enactment of this Act and ending on March 1, 2013, the Comptroller
General of the United States shall conduct an annual review of the VH-
(XX) aircraft acquisition program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year
beginning in 2011 and ending in 2013, the Comptroller General
shall submit to the congressional defense committees a report
[[Page 124 STAT. 4175]]
on the review of the VH-(XX) aircraft acquisition program
conducted under subsection (a).
(2) Matters to be included.--Each report on the review of
the VH-(XX) aircraft acquisition program shall include the
following:
(A) The extent to which the program is meeting
development and procurement cost, schedule, performance,
and risk mitigation goals.
(B) With respect to meeting the desired initial
operational capability and full operational capability
dates for the VH-(XX) aircraft, the progress and results
of--
(i) developmental and operational testing of
the aircraft; and
(ii) plans for correcting deficiencies in
aircraft performance, operational effectiveness,
reliability, suitability, and safety.
(C) An assessment of VH-(XX) aircraft procurement
plans, production results, and efforts to improve
manufacturing efficiency and supplier performance.
(D) An assessment of the acquisition strategy of the
VH-(XX) aircraft, including whether such strategy is in
compliance with acquisition management best-practices
and the acquisition policy and regulations of the
Department of Defense.
(E) A risk assessment of the integrated master
schedule and the test and evaluation master plan of the
VH-(XX) aircraft as it relates to--
(i) the probability of success;
(ii) the funding required for such aircraft
compared with the funding programmed; and
(iii) development and production concurrency.
(3) Additional information.--In submitting to the
congressional defense committees the first report under
paragraph (1) and a report following any changes made by the
Secretary of the Navy to the baseline documentation of the VH-
(XX) aircraft acquisition program, the Comptroller General shall
include, with respect to such program, an assessment of the
sufficiency and objectivity of--
(A) the analysis of alternatives;
(B) the initial capabilities document;
(C) the capabilities development document; and
(D) the systems requirement document.
Subtitle E--Other Matters
SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT
OF DEFENSE PARTICIPATION IN DEVELOPMENT OF
NEXT GENERATION SEMICONDUCTOR
TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) The next generation of weapons systems, battlefield
sensors, and intelligence platforms will need to be lighter,
more agile, consume less power, and have greater computational
power, which can be achieved by decreasing the feature size of
integrated circuits to the nanometer scale.
[[Page 124 STAT. 4176]]
(2) There is a growing concern in the Department of Defense
and the United States intelligence community over the offshore
shift in development and production of high capacity
semiconductors. Greater reliance on providers of semiconductors
in the United States high technology industry would help
mitigate the security risks of such an offshore shift.
(3) The development of new manufacturing technologies is
recognized in the semiconductor industry as critical to the
development of the next generation of integrated circuits.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue research and development
capabilities to take the lead in developing and producing the
next generation of integrated circuits; and
(2) the Department of Defense should continue to work with
industry and academia in pursuing the research and development
of advanced manufacturing techniques in support of the
development of the next generation of integrated circuits needed
for the requirements and specialized applications of the
Department of Defense.
SEC. 242. <<NOTE: 10 USC 2911 note.>> PILOT PROGRAM ON
COLLABORATIVE ENERGY SECURITY.
(a) Pilot Program.--The Secretary of Defense, in coordination with
the Secretary of Energy, may carry out a collaborative energy security
pilot program involving one or more partnerships between one military
installation and one national laboratory, for the purpose of evaluating
and validating secure, salable microgrid components and systems for
deployment.
(b) Selection of Military Installation and National Laboratory.--If
the Secretary of Defense carries out a pilot program under this section,
the Secretary of Defense and the Secretary of Energy shall jointly
select a military installation and a national laboratory for the purpose
of carrying out the pilot program. In making such selections, the
Secretaries shall consider each of the following:
(1) A commitment to participate made by a military
installation being considered for selection.
(2) The findings and recommendations of relevant energy
security assessments of military installations being considered
for selection.
(3) The availability of renewable energy sources at a
military installation being considered for selection.
(4) Potential synergies between the expertise and
capabilities of a national laboratory being considered for
selection and the infrastructure, interests, or other energy
security needs of a military installation being considered for
selection.
(5) The effects of any utility tariffs, surcharges, or other
considerations on the feasibility of enabling any excess
electricity generated on a military installation being
considered for selection to be sold or otherwise made available
to the local community near the installation.
(c) Program Elements.--A pilot program under this section shall be
carried out as follows:
(1) Under the pilot program, the Secretaries shall evaluate
and validate the performance of new energy technologies that may
be incorporated into operating environments.
(2) The pilot program shall involve collaboration with the
Office of Electricity Delivery and Energy Reliability of the
[[Page 124 STAT. 4177]]
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) <<NOTE: Deadline.>> Implementation and Duration.--If the
Secretary of Defense carries out a pilot program under this section,
such pilot program shall begin by not later than July 1, 2011, and shall
be not less than three years in duration.
(e) Reports.--
(1) Initial report.--If the Secretary of Defense carries out
a pilot program under this section, the Secretary shall submit
to the appropriate congressional committees by not later than
October 1, 2011, an initial report that provides an update on
the implementation of the pilot program, including an
identification of the selected military installation and
national laboratory partner and a description of technologies
under evaluation.
(2) Final report.--Not later than 90 days after completion
of a pilot program under this section, the Secretary shall
submit to the appropriate congressional committees a report on
the pilot program, including any findings and recommendations of
the Secretary.
(f) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Science and
Technology of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) The term ``microgrid'' means an integrated energy system
consisting of interconnected loads and distributed energy
resources (including generators, energy storage devices, and
smart controls) that can operate with the utility grid or in an
intentional islanding mode.
(3) The term ``national laboratory'' means--
(A) a national laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) a national security laboratory (as defined in
section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).
[[Page 124 STAT. 4178]]
SEC. 243. <<NOTE: 10 USC 2358 note.>> PILOT PROGRAM TO INCLUDE
TECHNOLOGY PROTECTION FEATURES DURING
RESEARCH AND DEVELOPMENT OF DEFENSE
SYSTEMS.
(a) Pilot Program.--The Secretary of Defense shall carry out a pilot
program to develop and incorporate technology protection features in a
designated system during the research and development phase of such
system.
(b) Annual Reports.--Not later than December 31 of each year in
which the Secretary carries out the pilot program established under this
section, the Secretary shall submit to the congressional defense
committees a report on the pilot program, including a list of each
designated system included in the program.
(c) Termination.--The pilot program established under this section
shall terminate on October 1, 2015.
(d) Definitions.--In this section:
(1) The term ``designated system'' means any system
(including a major system, as defined in section 2302(5) of
title 10, United States Code) that the Under Secretary of
Defense for Acquisition, Technology, and Logistics designates as
being included in the pilot program established under this
section.
(2) The term ``technology protection features'' means the
technical modifications necessary to protect critical program
information, including anti-tamper technologies and other
systems engineering activities intended to prevent or delay
exploitation of critical technologies in a designated system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station, Brunswick,
Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
Sec. 322. Repeal of conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance and
repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense civilian
employees.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged for
use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
[[Page 124 STAT. 4179]]
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military
requirements.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of civilian
passengers and commercial cargoes by Department of Defense
when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of
certain Department of Defense functions by civilian
employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $33,921,165,000.
(2) For the Navy, $38,232,943,000.
(3) For the Marine Corps, $5,590,340,000.
(4) For the Air Force, $36,822,516,000.
(5) For Defense-wide activities, $30,562,619,000.
(6) For the Army Reserve, $2,879,077,000.
(7) For the Naval Reserve, $1,367,764,000.
(8) For the Marine Corps Reserve, $285,234,000.
(9) For the Air Force Reserve, $3,403,827,000.
(10) For the Army National Guard, $6,621,704,000.
(11) For the Air National Guard, $6,042,239,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,068,000.
(13) For the Acquisition Development Workforce Fund,
$217,561,000.
(14) For Environmental Restoration, Army, $444,581,000.
(15) For Environmental Restoration, Navy, $304,867,000.
(16) For Environmental Restoration, Air Force, $502,653,000.
(17) For Environmental Restoration, Defense-wide,
$10,744,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $296,546,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $108,032,000.
(20) For Cooperative Threat Reduction programs,
$522,512,000.
[[Page 124 STAT. 4180]]
Subtitle B--Energy and Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH THE TWIN
CITIES ARMY AMMUNITION PLANT, MINNESOTA.
(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer not more than
$5,611,670.67 in fiscal year 2011 to the Hazardous Substance
Superfund.
(2) Purpose of reimbursement.--The amount authorized to be
transferred under paragraph (1) is to reimburse the
Environmental Protection Agency for costs the Agency incurred
relating to the response actions performed at the Twin Cities
Army Ammunition Plant, Minnesota.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is intended to satisfy certain terms of the
interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Twin Cities Army
Ammunition Plant that took effect in December 1987 and that
provided for the recovery of expenses by the Agency from the
Department of the Army.
(b) Source of Funds.--The transfer of funds authorized in subsection
(a) shall be made using funds authorized to be appropriated for fiscal
year 2011 for operation and maintenance for Environmental Restoration,
Army.
SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH NAVAL AIR
STATION, BRUNSWICK, MAINE.
(a) Authority to Transfer Funds.--From amounts authorized to be
appropriated for fiscal year 2011 for the Department of Defense Base
Closure Account 2005, and notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer an amount of
not more than $153,000 to the Hazardous Substance Superfund established
under subchapter A of chapter 98 of the Internal Revenue Code of 1986.
(b) Purpose of Transfer.--The purpose of a transfer made under
subsection (a) is to satisfy a stipulated penalty assessed by the
Environmental Protection Agency on June 12, 2008, against Naval Air
Station, Brunswick, Maine, for the failure of the Navy to sample certain
monitoring wells in a timely manner pursuant to a schedule included in
the Federal facility agreement for Naval Air Station, Brunswick, which
was entered into by the Secretary of the Navy and the Administrator of
the Environmental Protection Agency on October 19, 1990.
(c) Acceptance of Payment.--If the Secretary of Defense makes a
transfer authorized under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount transferred as
payment in full of the penalty referred to in subsection (b).
[[Page 124 STAT. 4181]]
SEC. 313. REQUIREMENTS RELATED TO THE INVESTIGATION OF EXPOSURE TO
DRINKING WATER AT CAMP LEJEUNE, NORTH
CAROLINA.
(a) Findings.--Congress makes the following findings:
(1) The Department of the Navy and the Agency for Toxic
Substances and Disease Registry (hereinafter in this section
referred to as ``ATSDR'') have been working together for almost
two decades to identify the possible effects of exposure to
contaminated drinking water at Camp Lejeune, North Carolina.
(2) Multiple studies have been conducted, and are being
conducted, which require significant amounts of data and
historical documentation, requiring the Department of the Navy
and ATSDR to have close collaboration and open access to
information.
(3) In June 2010, the Department of the Navy and ATSDR
established the Camp Lejeune Data Mining Technical Workgroup to
identify and inventory information and data relevant to the
ongoing scientific research.
(b) Requirements.--
(1) <<NOTE: Deadline.>> ATSDR access to data.--By not later
than 90 days after the date of the enactment of this Act, the
Secretary of the Navy shall ensure that the inventory created by
the Camp Lejeune Data Mining Technical Workgroup is accurate and
complete and that ATSDR has full access to all of the documents
and data listed therein as needed.
(2) Availability of new and newly discovered documents.--If
after the date of enactment of this Act the Secretary of the
Navy generates any new document, record, or electronic data, or
comes into possession of any existing document, record, or
electronic data not previously provided in the Camp Lejeune Data
Mining Technical Workgroup, the Secretary of the Navy shall make
such information immediately available to ATSDR with an
electronic inventory incorporating the newly located or
generated document, record, or electronic data.
(3) <<NOTE: Deadline. Notification.>> Limitation on
adjudication of claims.--None of the funds authorized to be
appropriated by this Act for fiscal year 2011 may be used to
adjudicate any administrative claim filed with the Department of
the Navy regarding water contamination at Camp Lejeune, North
Carolina, until at least 45 days after the date on which the
Secretary of the Navy notifies the Committees on Armed Services
of the Senate and House of Representatives of the intention of
the Secretary to adjudicate the claim.
SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILITARY ENVIRONMENTAL
EXPOSURES.
(a) Findings.--Congress makes the following findings:
(1) There have been various reports of the exposure of
current and former members of the Armed Forces, their
dependents, and civilian employees to environmental hazards
while living and working on military installations.
(2) There is the need to better understand existing
Department of Defense policies and procedures for addressing
possible environmental exposures at military installations,
determining any correlation between such an exposure and a
subsequent health condition, and handling claims and potential
compensation.
[[Page 124 STAT. 4182]]
(3) While many of these possible exposures have been studied
and evaluated, the extent to which those exposures caused or
contributed to the short- and long-term health conditions of
current and former members of the Armed Forces, their
dependents, and civilian employees remains largely unknown.
(4) As for these possible exposures and the link between the
exposure and subsequent health conditions, there may be better
ways for the Federal Government to evaluate, address and, as
warranted, provide health benefits or possible compensation as a
remedy to these potential exposures.
(b) Comptroller General Assessment Required.--The Comptroller
General of the United States shall carry out an assessment of possible
exposures to environmental hazards on military installations that
includes the following:
(1) An identification of the policies and processes by which
the Department of Defense and the military departments respond
to environmental hazards on military installations and possible
exposures and determine if there is a standard framework.
(2) An identification of the existing processes available to
current and former members of the Armed Forces, their
dependents, and civilian employees to seek compensation and
health benefits for exposures to environmental hazards on
military installations.
(3) A comparison of the processes identified under paragraph
(2) with other potential options or methods for providing health
benefits or compensation to individuals for injuries that may
have resulted from environmental hazards on military
installations.
(4) An examination of what is known about the advantages and
disadvantages of other potential options or methods as well as
any shortfalls in the current processes.
(5) Recommendations for any administrative or legislative
action that the Comptroller General deems appropriate in the
context of the assessment.
(c) Report.--Not later than January 1, 2012, the Comptroller General
shall submit to the Chairmen and Ranking Members of the Committees on
Armed Services of the Senate and the House of Representatives a report
on the findings and recommendations, as appropriate, of the Comptroller
General with respect to the assessment conducted under subsection (b).
(d) <<NOTE: Comments.>> Coordination.--In carrying out subsection
(b), the Comptroller General shall receive comments from the Secretary
of Defense and others, as appropriate.
(e) Construction.--Nothing in this section shall be interpreted to
impede, encroach, or delay--
(1) any studies, reviews, or assessments of any actual or
potential environmental exposures at any military installation,
including the studies included in the Agency for Toxic
Substances and Disease Registry's Annual Plan of Work regarding
the water contamination at Camp Lejeune, North Carolina;
(2) the Agency for Toxic Substances and Disease Registry's
statutory obligations, including its obligations under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding
Superfund sites; or
[[Page 124 STAT. 4183]]
(3) the remediation of any environmental contamination or
hazard at any military installation.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801(c)(4) of title 10, United States Code.
Subtitle C--Workplace and Depot Issues
SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT
INVENTORY.
Section 2330a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking the second sentence;
(B) by inserting after the first sentence the
following new sentence: <<NOTE: Guidance.>> ``The
guidance for compiling the inventory shall be issued by
the Under Secretary of Defense for Personnel and
Readiness, the Under Secretary of Defense (Comptroller),
and the Under Secretary of Defense for Acquisition,
Technology, and Logistics, as follows:''; and
(C) by inserting after the sentence added by
subparagraph (B) the following:
``(A) <<NOTE: Guidance.>> The Under Secretary of Defense
for Personnel and Readiness, as supported by the Under Secretary
of Defense (Comptroller), shall be responsible for developing
guidance for--
``(i) the collection of data regarding functions and
missions performed by contractors in a manner that is
comparable to the manpower data elements used in
inventories of functions performed by Department of
Defense employees; and
``(ii) the calculation of contractor manpower
equivalents in a manner that is comparable to the
calculation of full-time equivalents for use in
inventories of functions performed by Department of
Defense employees.
``(B) <<NOTE: Guidance.>> The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall be responsible
for developing guidance on other data elements and implementing
procedures.'';
(3) by inserting after subparagraph (B) of paragraph (1), as
added by paragraph (2), the following:
``(2) The entry for an activity on an inventory under this
subsection shall include, for the fiscal year covered by such entry, the
following:''; and
(4) in paragraph (2), as redesignated by paragraph (3), by
striking subparagraph (E) and inserting the following new
subparagraph (E):
``(E) The number of contractor employees, expressed as full-
time equivalents for direct labor, using direct labor hours and
associated cost data collected from contractors (except that
estimates may be used where such data is not available and
cannot reasonably be made available in a timely manner for the
purpose of the inventory).''.
[[Page 124 STAT. 4184]]
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. <<NOTE: 10 USC 2463 note.>> PROHIBITION ON ESTABLISHING
GOALS OR QUOTAS FOR CONVERSION OF
FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Prohibition.--The Secretary of Defense may not establish, apply,
or enforce any numerical goal, target, or quota for the conversion of
Department of Defense functions to performance by Department of Defense
civilian employees, unless such goal, target, or quota is based on
considered research and analysis, as required by section 235, 2330a, or
2463 of title 10, United States Code.
(b) Decisions to Insource.--In deciding which functions should be
converted to performance by Department of Defense civilian employees
pursuant to section 2463 of title 10, United States Code, the Secretary
of Defense shall use the costing methodology outlined in the Directive-
Type Memorandum 09-007 (Estimating and Comparing the Full Costs of
Civilian and Military Manpower and Contractor Support) or any successor
guidance for the determination of costs when costs are the sole basis
for the decision. The Secretary of a military department may issue
supplemental guidance to assist in such decisions affecting functions of
that military department.
(c) Reports.--
(1) Report to congress.--Not later than March 31, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the decisions with respect to the
conversion of functions to performance by Department of Defense
civilian employees made during fiscal year 2010. Such report
shall identify, for each such decision--
(A) the agency or service of the Department involved
in the decision;
(B) the basis and rationale for the decision; and
(C) the number of contractor employees whose
functions were converted to performance by Department of
Defense civilian employees.
(2) Comptroller general review.--Not later than 120 days
after the submittal of the report under paragraph (1), the
Comptroller General of the United States shall submit to the
congressional defense committees an assessment of the report.
(d) Construction.--Nothing in this section shall be construed--
(1) to preclude the Secretary of Defense from establishing,
applying, and enforcing goals for the conversion of acquisition
functions and other critical functions to performance by
Department of Defense civilian employees, where such goals are
based on considered research and analysis; or
(2) to require the Secretary of Defense to conduct a cost
comparison before making a decision to convert any acquisition
function or other critical function to performance by Department
of Defense civilian employees, where factors other than cost
serve as a basis for the Secretary's decision.
[[Page 124 STAT. 4185]]
Subtitle D--Reports
SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION
PREVENTION PROJECTS AND ACTIVITIES.
Section 2228(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``The'' and
inserting ``For the fiscal year covered by the report
and the preceding fiscal year, the''; and
(B) by adding at the end the following new
subparagraph:
``(E) For the fiscal year covered by the report and the
preceding fiscal year, the amount of funds requested in the
budget for each project or activity described in subsection (d)
compared to the funding requirements for the project or
activity.'';
(2) in paragraph (2)(B), by inserting before the period at
the end the following: ``, including the annex to the report
described in paragraph (3)''; and
(3) by adding at the end the following new paragraph:
``(3) Each report under this section shall include, in an annex to
the report, a copy of the annual corrosion report most recently
submitted by the corrosion control and prevention executive of each
military department under section 903(b)(5) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4567; 10 U.S.C. 2228 note).''.
SEC. 332. MODIFICATION AND REPEAL OF CERTAIN REPORTING
REQUIREMENTS.
(a) Prioritization of Funds.--Subsection (a) of section 323 of the
John Warner National Defense Authorization Act for Fiscal Year 2007 (10
U.S.C. 229 note) is amended--
(1) in paragraph (1), by striking ``the global war on
terrorism'' and inserting ``overseas contingency operations'';
and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``units
transforming to modularity'' and inserting ``modular
units''; and
(B) in subparagraph (B), by striking ``2012'' and
inserting ``2015''.
(b) Budget Information.--Subsection (b) of such section is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``the global war on
terrorism'' and inserting ``overseas contingency
operations''; and
(ii) by inserting ``and'' at the end;
(B) in subparagraph (B)--
(i) in clause (i), by striking ``units
transforming to modularity'' and inserting
``modular units''; and
(ii) by striking ``; and'' at the end and
inserting a period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (3).
(c) Annual Report on Army Progress.--Subsection (c) of such section
is amended--
[[Page 124 STAT. 4186]]
(1) by striking paragraphs (1), (2), (3), (4), (5), (6), and
(7);
(2) by redesignating paragraphs (8) and (9) as subparagraphs
(D) and (F), respectively;
(3) by submitting ``(1)'' before ``On the date'';
(4) in paragraph (1), as designated by paragraph (3) of this
subsection, by striking ``in meeting'' and all that follows
through ``shall be itemized'' and inserting ``in fulfilling the
key enabler equipment requirements of modular units and in
repairing, recapitalizing, and replacing equipment and materiel
used in support of overseas contingency operations underway as
of the date of such report, and associated sustainment. Any
information included in the report shall be itemized'';
(5) by striking ``Each such report'' and all that follows
through the colon and inserting the following:
``(2) Each such report shall include the following:
``(A) An assessment of the key enabler equipment and
personnel of the Army, including--
``(i) a comparison of--
``(I) the authorized level of key enabler
equipment;
``(II) the level of key enabler equipment on
hand; and
``(III) the planned purchases of key enabler
equipment as set forth in the future-years defense
program submitted with the budget for such fiscal
year;
``(ii) a comparison of the authorized and actual
personnel levels for personnel with key enabler
personnel specialities with the requirements for key
enabler personnel specialties;
``(iii) an identification of any shortfalls
indicated by the comparisons in clauses (i) and (ii);
and
``(iv) an assessment of the number and type of key
enabler equipment that the Army projects it will have on
hand by the end of such future-years defense program
that will require repair, recapitalization, or
replacement at or before the end of the time period
covered by such future-years defense program (which
assessment shall account for additional repair,
recapitalization, or replacement resulting from use of
key enabler equipment in overseas contingency
operations).
``(B) If an assessment under subparagraph (A) identifies
shortfalls that will exist within the period covered by the
future-years defense program submitted in such fiscal year, an
identification of the risks associated with such shortfalls and
mitigation strategies to address such risks.
``(C) A schedule for the accomplishment of the purposes set
forth in paragraph (1).'';
(6) in paragraph (2), as amended by paragraphs (2) and (5)
of this subsection, by inserting after subparagraph (D) the
following new subparagraph:
``(E) A description of the status of the development of
doctrine on how modular combat, functional, and support forces
will train, be sustained, and fight.''; and
(7) in subparagraph (F) of paragraph (2) as redesignated by
paragraphs (2) and (5) of this subsection, by striking
``paragraphs (1) through (8)'' and inserting ``subparagraphs (A)
through (E)''.
[[Page 124 STAT. 4187]]
(d) Annual Comptroller General on Army Progress.--Subsection (d) of
such section <<NOTE: 10 USC 229 note.>> is amended to read as follows:
``(d) Annual Comptroller General Report on Army Progress.--Not later
than 180 days after the date on which the Secretary of the Army submits
a report under subsection (c), the Comptroller General of the United
States shall submit to the congressional defense committees a report
setting forth the Comptroller General's review of such report. Each
report under this subsection shall include such information and
recommendations as the Comptroller General considers appropriate in
light of such review.''.
(e) Definitions.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d), as amended by
subsection (d) of this section, the following new subsection
(e):
``(e) Definitions.--In this section:
``(1) The term `contingency operation' has the meaning given
that term in section 101(a)(13) of title 10, United States Code.
``(2) The term `key enabler', in the case of equipment or
personnel, means equipment or personnel, as the case may be,
that make a modular force or unit as capable or more capable
than the non-modular force or unit it replaced, including the
following:
``(A) Equipment such as tactical and high frequency
radio, tactical wheeled vehicles, battle command
systems, unmanned aerial vehicles, all-source analysis
systems, analysis and control elements, fire support
sensor systems, firefinder radar, joint network nodes,
long-range advanced scout surveillance systems, Trojan
Spirit systems (or any successor system), and any other
equipment items identified by the Army as making a
modular force or unit as capable or more capable than
the non-modular force or unit it replaced.
``(B) Personnel in specialties needed to operate or
support the equipment specified in subparagraph (A) and
personnel in specialties relating to civil affairs,
communication and information systems operation,
explosive ordinance disposal, military intelligence,
psychological operations, and any other personnel
specialties identified by the Army as making a modular
force or unit as capable or more capable than the non-
modular force or unit it replaced.''.
(f) Termination of Report Requirement.--Subsection (f) of such
section, as redesignated by subsection (e)(1) of this section, is
further amended by striking ``fiscal year 2012'' and inserting ``fiscal
year 2015''.
(g) Repeal of Report on Disposition of Reserve Equipment.--Title III
of the John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364) <<NOTE: 120 Stat. 2159.>> is amended by
striking section 349.
(h) Repeal of Report on Readiness of Ground Forces.--Title III of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) <<NOTE: 122 Stat. 73.>> is amended by striking section 355.
SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION.
(a) Report Required.--Not later than March 1, 2011, the Commander of
the United States Northern Command and the North
[[Page 124 STAT. 4188]]
American Aerospace Defense Command shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the Air Sovereignty Alert (hereinafter in this section referred to as
``ASA'') mission and Operation Noble Eagle.
(b) Consultation.--The Commander shall consult with the Director of
the National Guard Bureau who shall review and provide independent
analysis and comments on the report required under subsection (a).
(c) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An evaluation of the ASA mission and of Operation Noble
Eagle.
(2) An evaluation of each of the following:
(A) The current ability to perform the ASA mission
with respect to training, equipment, and basing.
(B) Any current deficiencies in the ASA mission.
(C) Any changes in threats that would require any
change in training, equipment, and basing to effectively
support the ASA mission.
(D) An evaluation of whether the ASA mission is
fully resourced with respect to funding, personnel, and
aircraft.
(E) A description of the coverage of ASA and
Operation Noble Eagle units with respect to--
(i) population centers covered; and
(ii) targets of value covered, including
symbolic (including national monuments, sports
venues, and centers of commerce), critical
infrastructure (including power plants, ports,
dams, bridges, and telecommunication nodes), and
national security (including military bases and
organs of government) targets.
(F) An unclassified, notional area of responsibility
conforming to the unclassified response time of the unit
represented graphically on a map and detailing the total
population and number of targets of value covered, as
described in subparagraph (E).
(3) The status of the implementation of the recommendations
made in the Government Accountability Office report entitled
``Actions Needed to Improve Management of Air Sovereignty Alert
Operations to Protect U.S. Airspace'' (GAO-09-184).
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 334. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR
FORCE.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Service of the House of Representatives a report describing the
feasibility and desirability of designating the Suppression of Enemy Air
Defenses/Destruction of Enemy Air Defenses (hereinafter in this section
referred to as ``SEAD/DEAD'') mission as a responsibility of the Air
National Guard.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
[[Page 124 STAT. 4189]]
(1) An evaluation of the SEAD/DEAD mission, as in effect on
the date of the enactment of this Act.
(2) An evaluation of the following with respect to the SEAD/
DEAD mission:
(A) The current ability of the Air National Guard to
perform the mission with regards to training, equipment,
funding, and basing.
(B) Any current deficiencies of the Air National
Guard to perform the mission, including range
infrastructure or other improvements needed to support
peacetime training and readiness.
(C) The corrective actions and costs required to
address any deficiencies described in subparagraph (B).
(c) Consultation.--The Secretary of the Air Force shall consult with
the Director of the National Guard Bureau who shall review and provide
independent analysis and comments on the report required under
subsection (a).
SEC. 335. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.
The Commander of the United States Transportation Command shall
update the study entitled ``PORT LOOK 2008 Strategic Seaports Study''.
In updating the study under this section, the Commander shall consider
the infrastructure in the vicinity of a strategic port, including
bridges, roads, and rail, and any issues relating to the capacity and
condition of such infrastructure.
Subtitle E--Limitations and Extensions of Authority
SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES
CHARGED FOR USE OF DOMESTIC MILITARY
AIRFIELDS BY CIVIL AIRCRAFT.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2697. Acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft
``(a) Authority.--The Secretary of a military department may impose
landing fees for the use by civil aircraft of domestic military
airfields under the jurisdiction of that Secretary and may use any fees
received under this section as a source of funding for the operation and
maintenance of airfields of that department.
``(b) Uniform Landing Fees.--The Secretary of Defense shall
prescribe the amount of the landing fees that may be imposed under this
section. Such fees shall be uniform among the military departments.
``(c) Use of Proceeds.--Amounts received for a fiscal year in
payment of landing fees imposed under this section for the use of a
military airfield shall be credited to the appropriation that is
available for that fiscal year for the operation and maintenance of that
military airfield, shall be merged with amounts in the appropriation to
which credited, and shall be available for that military airfield for
the same period and purposes as the appropriation is available.
``(d) <<NOTE: Determination.>> Limitation.--The Secretary of a
military department shall determine whether consideration for a landing
fee has been received
[[Page 124 STAT. 4190]]
in a lease, license, or other real estate agreement for an airfield and
shall use such a determination to offset appropriate amounts imposed
under subsection (a) for that airfield.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2697. Acceptance and use of landing fees charged for use of domestic
military airfields by civil aircraft.''.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note), as
amended by section 341 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69) and section 354 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2264), is further <<NOTE: 10 USC 4551 note.>>
amended--
(1) in subsection (a), by striking ``2011'' and inserting
``2012''; and
(2) in subsection (g)(1), by striking ``2011'' and inserting
``2012''.
SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN
TERRAIN SYSTEM.
(a) Limitation.--Of the amounts authorized to be appropriated for
the Human Terrain System (hereinafter in this section referred to as the
``HTS'') that are described in subsection (b), not more than 85 percent
of the amounts remaining unobligated as of the date of enactment of this
Act may be obligated until the Secretary of the Army submits to the
congressional defense committees each of the following:
(1) A validation of all HTS requirements, including any
prior joint urgent operational needs statements.
(2) <<NOTE: Certification.>> 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. <<NOTE: Time period.>> 344. LIMITATION ON OBLIGATION OF
FUNDS PENDING SUBMISSION OF CLASSIFIED
JUSTIFICATION MATERIAL.
Of the amounts authorized to be appropriated in this title for
fiscal year 2011 for the Office of the Secretary of Defense, of the
amount that corresponds with budget activity four, line 270, in the
budget transmitted to Congress by the President for fiscal year 2011,
not more than 90 percent may be obligated until 15 days after the
information cited in the classified annex accompanying this Act relating
to the provision of classified justification
[[Page 124 STAT. 4191]]
material to Congress is provided to the congressional defense
committees.
SEC. 345. <<NOTE: 10 USC 8062 note.>> REQUIREMENTS FOR
TRANSFERRING AIRCRAFT WITHIN THE AIR FORCE
INVENTORY.
(a) <<NOTE: Contracts.>> Requirements.--In proposing the transfer
of ownership of any aircraft from ownership by a reserve component of
the Air Force to ownership by a regular component of the Air Force,
including such a transfer to be made on a temporary basis, the Secretary
of the Air Force shall ensure that a written agreement regarding such
transfer of ownership has been entered into between the Director of the
Air National Guard, the Commander of the Air Force Reserve Command, and
the Chief of Staff of the Air Force. Any such agreement shall specify
each of the following:
(1) The number of and type of aircraft to be transferred.
(2) In the case of any aircraft transferred on a temporary
basis--
(A) the schedule under which the aircraft will be
returned to the ownership of the reserve component;
(B) a description of the condition, including the
estimated remaining service life, in which any such
aircraft will be returned to the reserve component; and
(C) a description of the allocation of resources,
including the designation of responsibility for funding
aircraft operation and maintenance and a detailed
description of budgetary responsibilities, for the
period for which the ownership of the aircraft is
transferred to the regular component.
(3) The designation of responsibility for funding depot
maintenance requirements or modifications to the aircraft
generated as a result of the transfer, including any such
requirements and modifications required during the period for
which the ownership of the aircraft is transferred to the
regular component.
(4) Any location from which the aircraft will be
transferred.
(5) The effects on manpower that such a transfer may have at
any facility identified under paragraph (4).
(6) The effects on the skills and proficiencies of the
reserve component personnel affected by the transfer.
(7) Any other items the Director of the Air National Guard
or the Commander of the Air Force Reserve Command determines are
necessary in order to execute such a transfer.
(b) Submittal of Agreements to Congress.--The Secretary of the Air
Force may not take any action to transfer the ownership of an aircraft
as described in subsection (a) until the Secretary submits to the
congressional defense committees an agreement entered into pursuant to
such subsection regarding the transfer of ownership of the aircraft.
SEC. 346. <<NOTE: 10 USC 2576 note.>> COMMERCIAL SALE OF SMALL
ARMS AMMUNITION IN EXCESS OF MILITARY
REQUIREMENTS.
(a) Commercial Sale of Small Arms Ammunition.--Small arms ammunition
and ammunition components in excess of military requirements, including
fired cartridge cases, which are not otherwise prohibited from
commercial sale or certified by the Secretary of Defense as
unserviceable or unsafe, may not be demilitarized or destroyed and shall
be made available for commercial sale.
[[Page 124 STAT. 4192]]
(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). <<NOTE: Notice.>> Not later
than 15 days after issuing such guidance, the Secretary shall submit to
the congressional defense committees a letter of compliance providing
notice of such guidance.
(c) Preference.--No small arms ammunition and ammunition components
in excess of military requirements may be made available for commercial
sale under this section before such ammunition and ammunition components
are offered for transfer or purchase, as authorized by law, to another
Federal department or agency or for sale to State and local law
enforcement, firefighting, homeland security, and emergency management
agencies pursuant to section 2576 of title 10, United States Code, as
amended by this Act.
Subtitle F--Other Matters
SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR
CERTAIN INDIVIDUALS.
(a) Expedited Processing of Security Clearances.--Section 1564 of
title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Expedited Process.--The Secretary of Defense may prescribe a
process for expediting the completion of the background investigations
necessary for granting security clearances for--
``(1) Department of Defense personnel and Department of
Defense contractor personnel who are engaged in sensitive duties
that are critical to the national security; and
``(2) any individual who--
``(A) submits an application for a position as an
employee of the Department of Defense for which--
``(i) the individual is qualified; and
``(ii) a security clearance is required; and
``(B) is--
``(i) a member of the armed forces who was
retired or separated, or is expected to be retired
or separated, for physical disability pursuant to
chapter 61 of this title;
``(ii) the spouse of a member of the armed
forces who retires or is separated, after the date
of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011,
for a physical disability as a result of a wound,
injuries or illness incurred or aggravated in the
line of duty (as determined by the Secretary
concerned); or
``(iii) the spouse of a member of the armed
forces who dies, after the date of the enactment
of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011, as a result of a wound,
injury, or illness incurred or aggravated in the
line of duty (as determined by the Secretary
concerned).''; and
(2) by adding at the end the following new subsection:
``(f) Use of Appropriated Funds.--The Secretary of Defense may use
funds authorized to be appropriated to the Department of Defense for
operation and maintenance to conduct background
[[Page 124 STAT. 4193]]
investigations under this section for individuals described in
subsection (a)(2).''.
(b) <<NOTE: 10 USC 1564 note.>> Effective Date.--The amendments
made by subsection (a) shall apply with respect to a background
investigation conducted after the date of the enactment of this Act.
SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF
CIVILIAN PASSENGERS AND COMMERCIAL CARGOES
BY DEPARTMENT OF DEFENSE WHEN SPACE
UNAVAILABLE ON COMMERCIAL LINES.
(a) Transportation on DOD Vehicles and Aircraft.--Subsection (a) of
section 2649 of title 10, United States Code, is amended--
(1) by inserting ``Authority.--'' before ``Whenever''; and
(2) by inserting ``, vehicles, or aircraft'' in the first
sentence after ``vessels'' both places it appears.
(b) Amounts Charged for Transportation in Emergency, Disaster, or
Humanitarian Response Cases.--
(1) Limitation on amounts charged.--The second sentence of
subsection (a) of such section is amended by inserting before
the period the following: ``, except that in the case of
transportation provided in response to an emergency, a disaster,
or a request for humanitarian assistance, any amount charged for
such transportation may not exceed the cost of providing the
transportation''.
(2) Crediting of receipts.--Subsection (b) of such section
is amended by striking ``Amounts'' and inserting ``Crediting of
Receipts.--Any amount received under this section with respect
to transportation provided in response to an emergency, a
disaster, or a request for humanitarian assistance may be
credited to the appropriation, fund, or account used in
incurring the obligation for which such amount is received. In
all other cases, amounts''.
(c) Transportation During Contingencies or Disaster Responses.--Such
section is further amended by adding at the end the following new
subsection:
``(c) Transportation of Allied Personnel During Contingencies or
Disaster Responses.--During the 5-year period beginning on the date of
the enactment of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011, when space is available on vessels, vehicles, or
aircraft operated by the Department of Defense and the Secretary of
Defense determines that operations in the area of a contingency
operation or disaster response would be facilitated if allied forces or
civilians were to be transported using such vessels, vehicles, or
aircraft, the Secretary may provide such transportation on a
noninterference basis, without charge.''.
(d) Conforming Amendment.--Section 2648 of such title is amended by
inserting ``, vehicles, or aircraft'' after ``vessels'' in the matter
preceding paragraph (1).
(e) Technical Amendments.--
(1) The heading of section 2648 of such title is amended to
read as follows:
[[Page 124 STAT. 4194]]
``Sec. 2648. Persons and supplies: sea, land, and air
transportation''.
(2) The heading of section 2649 of such title is amended to
read as follows:
``Sec. 2649. Civilian passengers and commercial cargoes:
transportation on Department of Defense vessels,
vehicles, and aircraft''.
(f) Clerical Amendments.--The table of sections at the beginning of
chapter 157 of such title is amended by striking the items relating to
sections 2648 and 2649 and inserting the following new items:
``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels, vehicles, and aircraft.''.
SEC. 353. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING TO
USE OF FLEXIBLE HIRING AUTHORITY TO
FACILITATE PERFORMANCE OF CERTAIN
DEPARTMENT OF DEFENSE FUNCTIONS BY
CIVILIAN EMPLOYEES.
Section 2463(d)(1) of title 10, United States Code, is amended by
striking ``under the National Security Personnel System, as
established''.
SEC. 354. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS
OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED
CASES NOT COVERED BY CARRIER LIABILITY.
(a) Claims Authority.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2740. Property loss: reimbursement of members and civilian
employees for full replacement value of
household effects when contractor reimbursement
not available
``The Secretary of Defense and the Secretaries of the military
departments, in paying a claim under section 3721 of title 31 arising
from loss or damage to household goods stored or transported at the
expense of the Department of Defense, may pay the claim on the basis of
full replacement value in any of the following cases in which
reimbursement for the full replacement value for the loss or damage is
not available directly from a carrier under section 2636a of this title:
``(1) A case in which--
``(A) the lost or damaged goods were stored or
transported under a contract, tender, or solicitation in
accordance with section 2636a of this title that
requires the transportation service provider to settle
claims on the basis of full replacement value; and
``(B) the loss or damage occurred under
circumstances that exclude the transportation service
provider from liability.
``(2) A case in which--
``(A) the loss or damage occurred while the lost or
damaged goods were in the possession of an ocean carrier
that was transporting, loading, or unloading the goods
[[Page 124 STAT. 4195]]
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) <<NOTE: 10 USC 2740 note.>> Effective Date.--Section 2740 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to losses incurred after the date of the enactment of this
Act.
SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE
PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2790. Recovery of improperly disposed of Department of
Defense property
``(a) Prohibition.--No member of the armed forces, civilian employee
of the United States Government, contractor personnel, or other person
may sell, lend, pledge, barter, or give any clothing, arms, articles,
equipment, or other military or Department of Defense property except in
accordance with the statutes and regulations governing Government
property.
``(b) Transfer of Title or Interest Ineffective.--If property has
been disposed of in violation of subsection (a), the person holding the
property has no right or title to, or interest in, the property.
``(c) Authority for Seizure of Improperly Disposed of Property.--If
any person is in the possession of military or Department of Defense
property without right or title to, or interest in, the property because
it has been disposed of in material violation of subsection (a), any
Federal, State, or local law enforcement official may seize the property
wherever found. Unless an exception to the warrant requirement under the
fourth amendment to the Constitution applies, seizure may be made only--
``(1) pursuant to--
[[Page 124 STAT. 4196]]
``(A) a warrant issued by the district court of the
United States for the district in which the property is
located, or for the district in which the person in
possession of the property resides or is subject to
service; or
``(B) pursuant to an order by such court, issued
after a determination of improper transfer under
subsection (e); and
``(2) after such a court has issued such a warrant or order.
``(d) Inapplicability to Certain Property.--Subsections (b) and (c)
shall not apply to--
``(1) property on public display by public or private
collectors or museums in secured exhibits; or
``(2) property in the collection of any museum or veterans
organization or held in a private collection for the purpose of
public display, provided that any such property, the possession
of which could undermine national security or create a hazard to
public health or safety, has been fully demilitarized.
``(e) Determinations of Violations.--(1) The district court of the
United States for the district in which the property is located, or the
district in which the person in possession of the property resides or is
subject to service, shall have jurisdiction, regardless of the current
approximated or estimated value of the property, to determine whether
property was disposed of in violation of subsection (a). Any such
determination shall be by a preponderance of the evidence.
``(2) <<NOTE: Deadline.>> Except as provided in paragraph (3), in
the case of property, the possession of which could undermine national
security or create a hazard to public health or safety, the
determination under paragraph (1) may be made after the seizure of the
property, as long as the United States files an action seeking such
determination within 90 days after seizure of the property. If the
person from whom the property is seized is found to have been lawfully
in possession of the property and the return of the property could
undermine national security or create a hazard to public health or
safety, the Secretary of Defense shall reimburse the person for the
market value for the property.
``(3) Paragraph (2) shall not apply to any firearm, ammunition, or
ammunition component, or firearm part or accessory that is not
prohibited for commercial sale.
``(f) Delivery of Seized Property.--Any law enforcement official who
seizes property under subsection (c) and is not authorized to retain it
for the United States shall deliver the property to an authorized member
of the armed forces or other authorized official of the Department of
Defense or the Department of Justice.
``(g) Scope of Enforcement.--This section shall apply to the
following:
``(1) Any military or Department of Defense property
disposed of on or after the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
in a manner that is not in accordance with statutes and
regulations governing Government property in effect at the time
of the disposal of such property.
``(2) Any significant military equipment disposed of on or
after January 1, 2002, in a manner that is not in accordance
with statutes and regulations governing Government property in
effect at the time of the disposal of such significant military
equipment.
[[Page 124 STAT. 4197]]
``(h) Rule of Construction.--The authority of this section is in
addition to any other authority of the United States with respect to
property to which the United States may have right or title.
``(i) Definitions.--In this section:
``(1) The term `significant military equipment' means
defense articles on the United States Munitions List for which
special export controls are warranted because of their capacity
for substantial military utility or capability.
``(2) The term `museum' has the meaning given that term in
section 273(1) of the Museum Services Act (20 U.S.C. 9172(1)).
``(3) The term `fully demilitarized' means, with respect to
equipment or material, the destruction of the military offensive
or defensive advantages inherent in the equipment or material,
including, at a minimum, the destruction or disabling of key
points of such equipment or material, such as the fuselage, tail
assembly, wing spar, armor, radar and radomes, armament and
armament provisions, operating systems and software, and
classified items.
``(4) The term `veterans organization' means any
organization recognized by the Secretary of Veterans Affairs for
the representation of veterans under section 5902 of title
38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 165 of such title is amended by inserting after the item
relating to section 2789 the following new item:
``2790. Recovery of improperly disposed of Department of Defense
property.''.
SEC. 356. <<NOTE: Deadline.>> OPERATIONAL READINESS MODELS.
(a) <<NOTE: Study.>> Review of Models.--Not later than September
30, 2011, the Director of the Congressional Budget Office shall conduct
a study to identify, compare, and contrast the budget preparation tools
and models used by each of the military departments to determine funding
levels for operational readiness requirements during the programming,
planning, budgeting, and execution process and report the findings to
the congressional defense committees. In carrying out such study, the
Director shall--
(1) assess whether any additional or alternative verified
and validated operational readiness model used by any military
department for budgeting for flying or ground equipment hours,
steaming days, equipment operations, equipment maintenance, and
depot maintenance should be incorporated into the budget process
of that military department; and
(2) identify any shortcomings or deficiencies in the
approach of each military department in building the operational
readiness budget for that department.
(b) Congressional Briefing.--Not later than April 1, 2012, in
conjunction with the submission by the Secretary of Defense of the
budget justification documents for fiscal year 2013, the Secretaries of
each of the military departments, or designated representatives thereof,
shall brief the congressional defense committees on their respective
responses to the study conducted by the Director of the Congressional
Budget Office. Each such briefing shall include--
(1) a description of how the military department concerned
plans to address any deficiencies in the development of the
[[Page 124 STAT. 4198]]
operational readiness budget of such department identified in
the study; and
(2) a description of how the modeling tools identified in
the study could be used by the military department to improve
the development of the operational readiness budget for the
department.
SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF
HIGH-ALTITUDE AVIATION TRAINING SITE,
COLORADO.
(a) Findings.--Congress makes the following findings:
(1) The High-Altitude Aviation Training Site in Gypsum,
Colorado, is the only Department of Defense aviation school that
provides an opportunity for rotor-wing military pilots to train
in high-altitude, mountainous terrain, under full gross weight
and power management operations.
(2) The High-Altitude Aviation Training Site is operated by
the Colorado Army National Guard and is available to pilots of
all branches of the Armed Forces and to pilots of allied
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the High-Altitude Army Aviation Training Site continues
to be critically important to ensuring the readiness and
capabilities of rotor-wing military pilots; and
(2) the Department of Defense should take all appropriate
actions to prevent encroachment on the High-Altitude Army
Aviation Training Site.
SEC. 358. <<NOTE: 49 USC 44718 note.>> STUDY OF EFFECTS OF NEW
CONSTRUCTION OF OBSTRUCTIONS ON MILITARY
INSTALLATIONS AND OPERATIONS.
(a) Objective.--It shall be an objective of the Department of
Defense to ensure that the robust development of renewable energy
sources and the increased resiliency of the commercial electrical grid
may move forward in the United States, while minimizing or mitigating
any adverse impacts on military operations and readiness.
(b) Designation of Senior Official and Lead Organization.--
(1) <<NOTE: Deadline.>> Designation.--Not later than 30
days after the date of the enactment of this Act, the Secretary
of Defense shall designate a senior official of the Department
of Defense, and a lead organization of the Department of
Defense, to--
(A) serve as the executive agent to carry out the
review required by subsection (d);
(B) serve as a clearinghouse to coordinate
Department of Defense review of applications for
projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States
Code, and received by the Department of Defense from the
Secretary of Transportation; and
(C) accelerate the development of planning tools
necessary to determine the acceptability to the
Department of Defense of proposals included in an
application for a project submitted pursuant to such
section.
(2) Resources.--The Secretary shall ensure that the senior
official and lead organization designated under paragraph (1)
are assigned such personnel and resources as the Secretary
considers appropriate to carry out this section.
(c) <<NOTE: Deadline.>> Initial Actions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
acting
[[Page 124 STAT. 4199]]
through the senior official and lead organization designated pursuant to
subsection (b), shall--
(1) conduct a preliminary review of each application for a
project filed with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, that may have an
adverse impact on military operations and readiness, unless such
project has been granted a determination of no hazard. Such
review shall, at a minimum, for each such project--
(A) assess the likely scope and duration of any
adverse impact of such project on military operations
and readiness; and
(B) identify any feasible and affordable actions
that could be taken in the immediate future by the
Department, the developer of such project, or others to
mitigate such adverse impact and to minimize risks to
national security while allowing such project to proceed
with development;
(2) develop, in coordination with other departments and
agencies of the Federal Government, an integrated review process
to ensure timely notification and consideration of projects
filed with the Secretary of Transportation pursuant to section
44718 of title 49, United States Code, that may have an adverse
impact on military operations and readiness;
(3) <<NOTE: Procedures.>> establish procedures for the
Department of Defense for the coordinated consideration of and
response to a request for a review received from State and local
officials or the developer of a renewable energy development or
other energy project, including guidance to personnel at each
military installation in the United States on how to initiate
such procedures and ensure a coordinated Department response
while seeking to fulfil the objective under subsection (a); and
(4) <<NOTE: Procedures.>> develop procedures for conducting
early outreach to parties carrying out projects filed with the
Secretary of Transportation pursuant to section 44718 of title
49, United States Code, that could have an adverse impact on
military operations and readiness, and to the general public, to
clearly communicate notice on actions being taken by the
Department of Defense under this section and to receive comments
from such parties and the general public on such actions.
(d) Comprehensive Review.--
(1) <<NOTE: Deadline.>> Strategy required.--Not later than
270 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the senior official and
lead organization designated pursuant to subsection (b), shall
develop a comprehensive strategy for addressing the military
impacts of projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code.
(2) Elements.--In developing the strategy required by
paragraph (1), the Secretary of Defense shall--
(A) assess of the magnitude of interference posed by
projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States
Code;
(B) identify geographic areas selected as proposed
locations for projects filed, or which may be filed in
the future, with the Secretary of Transportation
pursuant to section 44718 of title 49, United States
Code, where such projects could have an adverse impact
on military operations and
[[Page 124 STAT. 4200]]
readiness and categorize the risk of adverse impact in
such areas as high, medium, or low for the purpose of
informing early outreach efforts under subsection (c)(4)
and preliminary assessments under subsection (e); and
(C) specifically identify feasible and affordable
long-term actions that may be taken to mitigate adverse
impacts of projects filed, or which may be filed in the
future, with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, on
military operations and readiness, including--
(i) investment priorities of the Department of
Defense with respect to research and development;
(ii) modifications to military operations to
accommodate applications for such projects;
(iii) recommended upgrades or modifications to
existing systems or procedures by the Department
of Defense;
(iv) acquisition of new systems by the
Department and other departments and agencies of
the Federal Government and timelines for fielding
such new systems; and
(v) modifications to the projects for which
such applications are filed, including changes in
size, location, or technology.
(e) Department of Defense Hazard Assessment.--
(1) <<NOTE: Deadline.>> Preliminary assessment.--The
procedures established pursuant to subsection (c) shall ensure
that not later than 30 days after receiving a proper application
for a project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code, the
Secretary of Defense shall review the project and provide a
preliminary assessment of the level of risk of adverse impact on
military operations and readiness that would arise from the
project and the extent of mitigation that may be needed to
address such risk.
(2) Determination of unacceptable risk.--The procedures
established pursuant to subsection (c) shall ensure that the
Secretary of Defense does not object to a project filed with the
Secretary of Transportation pursuant to section 44718 of title
49, United States Code, except in a case in which the Secretary
of Defense determines, after giving full consideration to
mitigation actions identified pursuant to this section, that
such project would result in an unacceptable risk to the
national security of the United States.
(3) <<NOTE: Deadline. Reports.>> Congressional notice
requirement.--Not later than 30 days after making a
determination of unacceptable risk under paragraph (2), the
Secretary of Defense shall submit to the congressional defense
committees a report on such determination and the basis for such
determination. Such a report shall include an explanation of the
operational impact that led to the determination, a discussion
of the mitigation options considered, and an explanation of why
the mitigation options were not feasible or did not resolve the
conflict.
(4) Non-delegation of determinations.--The responsibility
for making a determination of unacceptable risk under paragraph
(2) may only be delegated to an appropriate senior officer of
the Department of Defense, on the recommendation of the senior
official designated pursuant to subsection (b).
[[Page 124 STAT. 4201]]
The following individuals are appropriate senior officers of the
Department of Defense for the purposes of this paragraph:
(A) The Deputy Secretary of Defense.
(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(C) The Principal Deputy Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(f) Reports.--
(1) Report to congress.--Not later than March 15 each year
from 2011 through 2015, the Secretary of Defense shall submit to
the congressional defense committees a report on the actions
taken by the Department of Defense during the preceding year to
implement this section and the comprehensive strategy developed
pursuant to this section.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of a review carried out by the
Secretary of Defense of any projects filed with the
Secretary of Transportation pursuant to section 44718 of
title 49, United States Code--
(i) that the Secretary of Defense has
determined would result in an unacceptable risk to
the national security; and
(ii) for which the Secretary of Defense has
recommended to the Secretary of Transportation
that a hazard determination be issued;
(B) an assessment of the risk associated with the
loss or modifications of military training routes and a
quantification of such risk;
(C) an assessment of the risk associated with solar
power and similar systems as to the effects of glint on
military readiness;
(D) an assessment of the risk associated with
electromagnetic interference on military readiness,
including the effects of testing and evaluation ranges;
(E) an assessment of any risks posed by the
development of projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49,
United States Code, to the prevention of threats and
aggression directed toward the United States and its
territories; and
(F) a description of the distance from a military
installation that the Department of Defense will use to
prescreen applicants under section 44718 of title 49,
United States Code.
(g) Authority to Accept Contributions of Funds.--The Secretary of
Defense is authorized to accept a voluntary contribution of funds from
an applicant for a project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code. Amounts so
accepted shall be available for the purpose of offsetting the cost of
measures undertaken by the Secretary of Defense to mitigate adverse
impacts of such project on military operations and readiness.
(h) Effect of Department of Defense Hazard Assessment.--An action
taken pursuant to this section shall not be considered to be a
substitute for any assessment or determination required of the Secretary
of Transportation under section 44718 of title 49, United States Code.
[[Page 124 STAT. 4202]]
(i) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(j) Definitions.--In this section:
(1) The term ``military training route'' means a training
route developed as part of the Military Training Route Program,
carried out jointly by the Federal Aviation Administration and
the Secretary of Defense, for use by the Armed Forces for the
purpose of conducting low-altitude, high-speed military
training.
(2) The term ``military installation'' has the meaning given
that term in section 2801(c)(4) of title 10, United States Code.
(3) The term ``military readiness'' includes any training or
operation that could be related to combat readiness, including
testing and evaluation activities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2011, as follows:
(1) The Army, 569,400.
(2) The Navy, 328,700.
(3) The Marine Corps, 202,100.
(4) The Air Force, 332,200.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 324,300.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 332,200.''.
[[Page 124 STAT. 4203]]
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.
[[Page 124 STAT. 4204]]
(3) For the Air Force Reserve, 10,720.
(4) For the Air National Guard of the United States, 22,394.
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard as
of September 30, 2011, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United States,
350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2011, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2011, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2011, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Department of Defense for military personnel for
fiscal year 2011 a total of $138,540,700,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2011.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
[[Page 124 STAT. 4205]]
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
Sec. 506. Temporary authority to reduce minimum length of active service
as a commissioned officer required for voluntary retirement
as an officer.
Subtitle B--Reserve Component Management
Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from
active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified
officers and officers with Joint Staff experience.
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-density
assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for medical
reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.
Subtitle E--Military Justice and Legal Matters
Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active duty
health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions
Scholarship and Financial Assistance program.
Subtitle G--Defense Dependents' Education
Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense domestic
dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.
Subtitle H--Decorations and Awards
Sec. 571. Clarification of persons eligible for award of bronze star
medal.
[[Page 124 STAT. 4206]]
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World War
II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the Vietnam
War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.
Subtitle J--Other Matters
Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their families
to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT FOR HEALTH
PROFESSIONS OFFICERS.
(a) Age for Original Appointment as Health Professions Officer.--
Section 532(d)(2) of title 10, United States Code, is amended by
striking ``reserve''.
(b) Mandatory Retirement Age for Health Professions Officers.--
(1) Additional categories of officers eligible for deferral
of mandatory retirement for age.--Paragraph (2) of section
1251(b) of such title is amended--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) an officer in a category of officers designated by the
Secretary of the military department concerned for the purposes
of this paragraph as consisting of officers whose duties consist
primarily of--
``(i) providing health care;
``(ii) performing other clinical care; or
``(iii) performing health care-related
administrative duties.''.
(2) Conforming amendment.--Paragraph (1) of such section is
amended by striking ``the officer will be performing duties
consisting primarily of providing patient care or performing
other clinical duties.'' and inserting ``the officer--
[[Page 124 STAT. 4207]]
``(A) will be performing duties consisting primarily of
providing patient care or performing other clinical duties; or
``(B) is in a category of officers designated under
subparagraph (D) of paragraph (2) whose duties will consist
primarily of the duties described in clause (i), (ii), or (iii)
of such subparagraph.''.
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE
GRADE OF W-1 BY COMMISSION AND
STANDARDIZATION OF WARRANT OFFICER
APPOINTING AUTHORITY.
(a) Regular Officers.--
(1) Authority for appointments by commission in warrant
officer w-1 grade.--The first sentence of section 571(b) of
title 10, United States Code, is amended by striking ``by the
Secretary concerned'' and inserting ``, except that with respect
to an armed force under the jurisdiction of the Secretary of a
military department, the Secretary concerned may provide by
regulation that appointments in that grade in that armed force
shall be made by commission''.
(2) <<NOTE: President.>> Appointing authority.--The second
sentence of such section is amended by inserting before the
period at the end the following: ``, and appointments (whether
by warrant or commission) in the grade of regular warrant
officer, W-1, shall be made by the President, except that
appointments in that grade in the Coast Guard shall be made by
the Secretary concerned''.
(b) Reserve Officers.--Subsection (b) of section 12241 of such title
is amended to read as follows:
``(b) Appointments in permanent reserve warrant officer grades shall
be made in the same manner as is prescribed for regular warrant officer
grades by section 571(b) of this title.''.
(c) <<NOTE: Applicability. 10 USC 12241 note.>> Presidential
Functions.--Except as otherwise provided by the President by Executive
order, the provisions of Executive Order 13384 (10 U.S.C. 531 note)
relating to the functions of the President under the second sentence of
section 571(b) of title 10, United States Code, shall apply in the same
manner to the functions of the President under section 12241(b) of title
10, United States Code.
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS,
DELIBERATIONS, NOTES, AND RECORDS OF
SPECIAL SELECTION BOARDS.
(a) Nondisclosure of Board Proceedings.--Section 613a of title 10,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition on Disclosure.--The proceedings of a selection
board convened under section 573, 611, or 628 of this title may not be
disclosed to any person not a member of the board, except as authorized
or required to process the report of the board. This prohibition is a
statutory exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection boards
convened under section 573, 611, or 628 of this title, regardless of the
date on which the board was convened.''.
[[Page 124 STAT. 4208]]
(b) <<NOTE: 10 USC 628.>> Reports of Boards.--Section 628(c)(2) of
such title is amended by striking ``sections 576(d) and 576(f)'' and
inserting ``sections 576(d), 576(f), and 613a''.
(c) Reserve Boards.--Section 14104 of such title is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition on Disclosure.--The proceedings of a selection
board convened under section 14101 or 14502 of this title may not be
disclosed to any person not a member of the board, except as authorized
or required to process the report of the board. This prohibition is a
statutory exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection boards
convened under section 14101 or 14502 of this title, regardless of the
date on which the board was convened.''.
SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION LIST.
(a) Active-duty List.--Section 629 of title 10, United States Code,
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) <<NOTE: Regulations.>> Administrative Removal.--Under
regulations prescribed by the Secretary concerned, if an officer on the
active-duty list is discharged or dropped from the rolls or transferred
to a retired status after having been recommended for promotion to a
higher grade under this chapter, but before being promoted, the
officer's name shall be administratively removed from the list of
officers recommended for promotion by a selection board.''.
(b) Reserve Active-status List.--Section 14310 of such title is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) <<NOTE: Regulations.>> Administrative Removal.--Under
regulations prescribed by the Secretary concerned, if an officer on the
reserve active-status list is discharged or dropped from the rolls or
transferred to a retired status after having been recommended for
promotion to a higher grade under this chapter or having been found
qualified for Federal recognition in the higher grade under title 32,
but before being promoted, the officer's name shall be administratively
removed from the list of officers recommended for promotion by a
selection board.''.
SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED FOR
APPOINTMENT TO GENERAL AND FLAG OFFICER
GRADES TO WEAR INSIGNIA OF HIGHER GRADE
BEFORE APPOINTMENT.
(a) Limited Authority for Officers Selected for Appointment to
Grades Above Major General and Rear Admiral.--
(1) In general.--Chapter 45 of title 10, United States Code,
is amended by adding at the end the following new section:
[[Page 124 STAT. 4209]]
``Sec. 777a. Wearing of insignia of higher grade before
appointment to a grade above major general or
rear admiral (frocking): authority; restrictions
``(a) Authority.--An officer serving in a grade below the grade of
lieutenant general or, in the case of the Navy, vice admiral, who has
been selected for appointment to the grade of lieutenant general or
general, or, in the case of the Navy, vice admiral or admiral, and an
officer serving in the grade of lieutenant general or vice admiral who
has been selected for appointment to the grade of general or admiral,
may be authorized, under regulations and policies of the Department of
Defense and subject to subsection (b), to wear the insignia for that
higher grade for a period of up to 14 days before assuming the duties of
a position for which the higher grade is authorized. An officer who is
so authorized to wear the insignia of a higher grade is said to be
`frocked' to that grade.
``(b) Restrictions.--An officer may not be authorized to wear the
insignia for a grade as described in subsection (a) unless--
``(1) the Senate has given its advice and consent to the
appointment of the officer to that grade;
``(2) the officer has received orders to serve in a position
outside the military department of that officer for which that
grade is authorized;
``(3) the Secretary of Defense (or a civilian officer within
the Office of the Secretary of Defense whose appointment was
made with the advice and consent of the Senate and to whom the
Secretary delegates such approval authority) has given approval
for the officer to wear the insignia for that grade before
assuming the duties of a position for which that grade is
authorized; and
``(4) <<NOTE: Notification.>> the Secretary of Defense has
submitted to Congress a written notification of the intent to
authorize the officer to wear the insignia for that grade.
``(c) Benefits Not to Be Construed as Accruing.--(1) Authority
provided to an officer as described in subsection (a) to wear the
insignia of a higher grade may not be construed as conferring authority
for that officer to--
``(A) be paid the rate of pay provided for an officer in
that grade having the same number of years of service as that
officer; or
``(B) assume any legal authority associated with that grade.
``(2) The period for which an officer wears the insignia of a higher
grade under such authority may not be taken into account for any of the
following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked.--The total number of
officers who are authorized to wear the insignia for a higher grade
under this section shall count against the limitation in section 777(d)
of this title on the total number of officers authorized to wear the
insignia of a higher grade.''.
[[Page 124 STAT. 4210]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``777a. Wearing of insignia of higher grade before appointment to a
grade above major general or rear admiral (frocking):
authority; restrictions.''.
(b) Repeal of Waiting Period Following Congressional Notification
for Officers Selected for Appointment to General and Flag Officer Grades
Below Lieutenant General and Vice Admiral.--Section 777(b)(3)(B) of such
title <<NOTE: 10 USC 777.>> is amended by striking ``and a period of 30
days has elapsed after the date of the notification''.
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE
SERVICE AS A COMMISSIONED OFFICER REQUIRED
FOR VOLUNTARY RETIREMENT AS AN OFFICER.
(a) Army.--Section 3911(b)(2) of title 10, United States Code, is
amended by striking ``January 6, 2006, and ending on December 31, 2008''
and inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by striking ``January 6, 2006, and ending on December 31, 2008''
and inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
striking ``January 6, 2006, and ending on December 31, 2008'' and
inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
Subtitle B--Reserve Component Management
SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE
FLAG OFFICER ALLOCATION.
Section 12004(c) of title 10, United States Code, is amended--
(1) by striking paragraphs (2), (3), and (5); and
(2) by redesignating paragraph (4) as paragraph (2).
SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS
(DUAL STATUS) TO POSITIONS OUTSIDE AIR
FORCE RESERVE UNIT PROGRAM.
Section 10216(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a military technician (dual
status) who is employed by the Air Force Reserve in an area other than
the Air Force Reserve unit program, except that not more than 50 of such
technicians may be assigned outside of the unit program at the same
time.''.
SEC. 513. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL
STATUS MILITARY TECHNICIANS.
(a) Exception for Temporary Employment.--Section 10217 of title 10,
United States Code, is amended--
(1) in subsection (a)--
[[Page 124 STAT. 4211]]
(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) <<NOTE: Time period.>> Exception for Temporary Employment.--
(1) Notwithstanding section 10218 of this title, the Secretary of the
Army or the Secretary of the Air Force may employ, for a period not to
exceed two years, a person to fill a vacancy created by the mobilization
of a military technician (dual status) occupying a position under
section 10216 of this title.
``(2) The duration of the temporary employment of a person in a
military technician position under this subsection may not exceed the
shorter of the following:
``(A) The period of mobilization of the military technician
(dual status) whose vacancy is being filled by the temporary
employee.
``(B) Two years.
``(3) <<NOTE: Time period.>> No person may be hired under the
authority of this subsection after the end of the 2-year period
beginning on the date of the enactment of this subsection.''.
(b) Exception From Permanent Limitation on Number of Non-dual Status
Technicians.--Subsection (c) of such section is amended <<NOTE: 10 USC
10217.>> by adding at the end the following new paragraph:
``(3) An individual employed as a non-dual status technician as
described in subsection (a)(3) shall not be consider a non-dual status
technician for purposes of paragraphs (1) and (2).''.
SEC. 514. REVISION OF STRUCTURE AND FUNCTIONS OF THE RESERVE
FORCES POLICY BOARD.
(a) Revision of Structure.--
(1) In general.--Section 10301 of title 10, United States
Code, is amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board
``(a) In General.--As provided in section 175 of this title, there
is in the Office of the Secretary of Defense a board known as the
`Reserve Forces Policy Board' (in this section referred to as the
`Board').
``(b) <<NOTE: Recommenda- tions.>> Functions.--The Board shall
serve as an independent adviser to the Secretary of Defense to provide
advice and recommendations to the Secretary on strategies, policies, and
practices designed to improve and enhance the capabilities, efficiency,
and effectiveness of the reserve components.
``(c) Membership.--The Board consists of 20 members, appointed or
designated as follows:
``(1) A civilian appointed by the Secretary of Defense from
among persons determined by the Secretary to have the knowledge
of, and experience in, policy matters relevant to national
security and reserve component matters necessary to carry out
the duties of chair of the Board, who shall serve as chair of
the Board.
[[Page 124 STAT. 4212]]
``(2) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Army--
``(A) one of whom shall be a member of the Army
National Guard of the United States or a former member
of the Army National Guard of the United States in the
Retired Reserve; and
``(B) one of whom shall be a member or retired
member of the Army Reserve.
``(3) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Navy--
``(A) one of whom shall be an active or retired
officer of the Navy Reserve; and
``(B) one of whom shall be an active or retired
officer of the Marine Corps Reserve.
``(4) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Air Force--
``(A) one of whom shall be a member of the Air
National Guard of the United States or a former member
of the Air National Guard of the United States in the
Retired Reserve; and
``(B) one of whom shall be a member or retired
member of the Air Force Reserve.
``(5) One active or retired reserve officer or enlisted
member of the Coast Guard designated by the Secretary of
Homeland Security.
``(6) Ten persons appointed or designated by the Secretary
of Defense, each of whom shall be a United States citizen having
significant knowledge of and experience in policy matters
relevant to national security and reserve component matters and
shall be one of the following:
``(A) An individual not employed in any Federal or
State department or agency.
``(B) An individual employed by a Federal or State
department or agency.
``(C) An officer of a regular component of the armed
forces on active duty, or an officer of a reserve
component of the armed forces in an active status, who--
``(i) is serving or has served in a senior
position on the Joint Staff, the headquarters
staff of a combatant command, or the headquarters
staff of an armed force; and
``(ii) has experience in joint professional
military education, joint qualification, and joint
operations matters.
``(7) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general or flag officer recommended by the
chair and designated by the Secretary of Defense, who shall
serve without vote--
``(A) as military adviser to the chair;
``(B) as military executive officer of the Board;
and
``(C) as supervisor of the operations and staff of
the Board.
``(8) A senior enlisted member of a reserve component
recommended by the chair and designated by the Secretary of
[[Page 124 STAT. 4213]]
Defense, who shall serve without vote as enlisted military
adviser to the chair.
``(d) Matters To Be Acted on.--The Board may act on those matters
referred to it by the chair and on any matter raised by a member of the
Board or the Secretary of Defense.
``(e) Staff.--The Board shall be supported by a staff consisting of
one full-time officer from each of the reserve components listed in
paragraphs (1) through (6) of section 10101 of this title who holds the
grade of colonel (or in the case of the Navy, the grade of captain) or
who has been selected for promotion to that grade. These officers shall
also serve as liaisons between their respective components and the
Board. They shall perform their staff and liaison duties under the
supervision of the military executive officer of the Board in an
independent manner reflecting the independent nature of the Board.
``(f) Relationship to Service Reserve Policy Committees and
Boards.--This section does not affect the committees and boards
prescribed within the military departments by sections 10302 through
10305 of this title, and a member of such a committee or board may, if
otherwise eligible, be a member of the Board.''.
(2) <<NOTE: 10 USC 10301 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on July 1,
2011.
(b) Revision to Annual Report Requirement.--Section 113(c)(2) of
title 10, United States Code, is amended by striking ``the reserve
programs of the Department of Defense and on any other matters'' and
inserting ``on any reserve component matter''.
SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN OFFICER
TRANSFERS FROM ACTIVE-DUTY LIST TO RESERVE
ACTIVE-STATUS LIST.
Section 12201(a)(2) of title 10, United States Code, is amended by
striking ``An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title'' and inserting ``If an officer is transferred from
the active-duty list of an armed force to a reserve active-status list
of an armed force in accordance with regulations prescribed by the
Secretary of Defense, the officer''.
SEC. 516. LEAVE OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES.
(a) Carryover of Accumulated Leave to Succeeding Period of Active
Service.--Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) A member of a reserve component who accumulates leave during a
period of active service may carry over any leave so accumulated to the
member's next period of active service, subject to the accumulation
limits in subsections (b), (d), and (f), without regard to separation or
release from active service if the separation or release is under
honorable conditions. The taking of leave carried over under this
subsection shall be subject to the provisions of this section.''.
(b) Payment for Unused Accrued Leave.--Section 501(a) of title 37,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
[[Page 124 STAT. 4214]]
``(4) in the case of an officer or an enlisted member of a
reserve component who is not serving on active duty, separation
or release from the reserve component under honorable
conditions, or death; and
``(5) in the case of an enlisted member of a reserve a
component who is not serving on active duty, termination of
enlistment in conjunction with the commencement of a successive
enlistment, or appointment as an officer.''.
SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED STATES
MERCHANT MARINE ACADEMY INTO THE NATIONAL
GUARD.
Section 305(a)(5) of title 32, United States Code, is amended by
striking ``or the United States Coast Guard Academy'' and inserting
``the United States Coast Guard Academy, or the United States Merchant
Marine Academy''.
Subtitle C--Joint Qualified Officers and Requirements
SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR
PURPOSES OF JOINT OFFICER MANAGEMENT.
Section 668(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``multiple'' in the matter preceding
subparagraph (A) and inserting ``integrated''; and
(B) by striking ``and'' at the end of the
subparagraph (D) and inserting ``or''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) In the context of joint matters, the term `integrated military
forces' refers to military forces that are involved in the planning or
execution (or both) of operations involving participants from--
``(A) more than one military department; or
``(B) a military department and one or more of the
following:
``(i) Other departments and agencies of the United
States.
``(ii) The military forces or agencies of other
countries.
``(iii) Non-governmental persons or entities.''.
SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR JOINT
QUALIFIED OFFICERS AND OFFICERS WITH JOINT
STAFF EXPERIENCE.
(a) Board Composition.--Subsection (c) of section 612 of title 10,
United States Code, is amended to read as follows:
``(c)(1) Each selection board convened under section 611(a) of this
title that will consider an officer described in paragraph (2) shall
include at least one officer designated by the Chairman of the Joint
Chiefs of Staff who is a joint qualified officer.
``(2) <<NOTE: Applicability.>> Paragraph (1) applies with respect
to an officer who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) <<NOTE: Waiver authority.>> The Secretary of Defense may
waive the requirement in paragraph (1) in the case of--
``(A) any selection board of the Marine Corps; or
[[Page 124 STAT. 4215]]
``(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 <<NOTE: 10 USC 615.>> is amended in subsections (b)(5) and (c) by
striking ``in joint duty assignments of officers who are serving, or
have served, in such assignments'' and inserting ``of officers who are
serving on, or have served on, the Joint Staff or are joint qualified
officers''.
(c) Action on Report of Selection Boards.--Section 618(b) of such
title is amended--
(1) in paragraph (1), by striking ``are serving, or have
served, in joint duty assignments'' and inserting ``are serving
on, or have served on, the Joint Staff or are joint qualified
officers'';
(2) in subparagraphs (A) and (B) of paragraph (2), by
striking ``in joint duty assignments of officers who are
serving, or have served, in such assignments'' and inserting
``of officers who are serving on, or have served on, the Joint
Staff or are joint qualified officers''; and
(3) in paragraph (4), by striking ``in joint duty
assignments'' and inserting ``who are serving on, or have served
on, the Joint Staff or are joint qualified officers''.
Subtitle D--General Service Authorities
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED
MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.
(a) Extension of Authority.--Section 688a(f) of title 10, United
States Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(b) Report Required.--Not later than April 1, 2011, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing an assessment by
the Secretary of the need to extend the authority provided by section
688a of title 10, United States Code, beyond December 31, 2011. The
report shall include, at a minimum, the following:
(1) A list of the current types of high-demand, low-density
capabilities (as defined in such section) for which the
authority is being used to address operational requirements.
(2) For each high-demand, low-density capability included in
the list under paragraph (1), the number of retired members of
the Armed Forces who have served on active duty at any time
during each of fiscal years 2007 through 2010 under the
authority.
(3) A plan to increase the required active duty strength for
the high-demand, low-density capabilities included in the list
under paragraph (1) to eliminate the need to use the authority.
[[Page 124 STAT. 4216]]
SEC. 532. NON-CHARGEABLE REST AND RECUPERATION ABSENCE FOR CERTAIN
MEMBERS UNDERGOING EXTENDED DEPLOYMENT TO
A COMBAT ZONE.
(a) In General.--Chapter 40 of title 10, United States Code, is
amended by inserting after section 705 the following new section:
``Sec. 705a. Rest and recuperation absence: certain members
undergoing extended deployment to a combat zone
``(a) <<NOTE: Regulations.>> Rest and Recuperation Authorized.--
Under regulations prescribed by the Secretary of Defense, the Secretary
concerned may provide a member of the armed forces described in
subsection (b) the benefits described in subsection (c).
``(b) Covered Members.--A member of the armed forces described in
this subsection is any member who--
``(1) is assigned or deployed for at least 270 days in an
area or location--
``(A) that is designated by the President as a
combat zone; and
``(B) in which hardship duty pay is authorized to be
paid under section 305 of title 37; and
``(2) meets such other criteria as the Secretary of Defense
may prescribe in the regulations required by subsection (a).
``(c) Benefits.--The benefits described in this subsection are the
following:
``(1) A period of rest and recuperation absence for not more
than 15 days.
``(2) Round-trip transportation at Government expense from
the area or location in which the member is serving in
connection with the exercise of the period of rest and
recuperation.
``(d) Construction With Other Leave.--Any benefits provided a member
under this section are in addition to any other leave or absence to
which the member may be entitled.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
705 the following new item:
``705a. Rest and recuperation absence: certain members undergoing
extended deployment to a combat zone.''.
SEC. 533. CORRECTION OF MILITARY RECORDS.
(a) Members Eligible to Request Review of Retirement or Separation
Without Pay for Physical Disability.--Section 1554(a) of title 10,
United States Code, is amended--
(1) by striking ``an officer'' and inserting ``a member or
former member of the uniformed services''; and
(2) by striking ``his case'' and inserting ``the member's
case''.
(b) Limitation on Reduction in Personnel Assigned to Duty With
Service Review Agency.--1559(a) of such title is amended by striking
``December 31, 2010'' and inserting ``December 31, 2013''.
SEC. 534. DISPOSITION OF MEMBERS FOUND TO BE FIT FOR DUTY WHO ARE
NOT SUITABLE FOR DEPLOYMENT OR WORLDWIDE
ASSIGNMENT FOR MEDICAL REASONS.
(a) Disposition.--
(1) In general.--Chapter 61 of title 10, United States Code,
is amended by inserting after section 1214 the following new
section:
[[Page 124 STAT. 4217]]
``Sec. 1214a. Members determined fit for duty in Physical
Evaluation Board evaluation: prohibition on
involuntary administrative separation due to
unsuitability based on medical conditions
considered in evaluation
``(a) Disposition.--Except as provided in subsection (c), the
Secretary of the military department concerned may not authorize the
involuntary administrative separation of a member described in
subsection (b) based on a determination that the member is unsuitable
for deployment or worldwide assignment based on the same medical
condition of the member considered by a Physical Evaluation Board during
the evaluation of the member.
``(b) Covered Members.--A member covered by subsection (a) is any
member of the armed forces who has been determined by a Physical
Evaluation Board pursuant to a physical evaluation by the board to be
fit for duty.
``(c) Reevaluation.--(1) The Secretary of the military department
concerned may direct the Physical Evaluation Board to reevaluate any
member described in subsection (b) if the Secretary has reason to
believe that a medical condition of the member considered by the
Physical Evaluation Board during the evaluation of the member described
in that subsection renders the member unsuitable for continued military
service based on the medical condition.
``(2) A member determined pursuant to reevaluation under paragraph
(1) to be unfit to perform the duties of the member's office, grade,
rank, or rating may be retired or separated for physical disability
under this chapter.
``(3) The Secretary of Defense shall be the final approval authority
for any case determined by the Secretary of a military department to
warrant administrative separation based on a determination that the
member is unsuitable for continued service due to the same medical
condition of the member considered by a Physical Evaluation Board that
found the member fit for duty.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1214 the following new item:
``1214a. Members determined fit for duty in Physical Evaluation Board
evaluation: prohibition on involuntary administrative
separation due to unsuitability based on medical conditions
considered in evaluation.''.
(b) <<NOTE: 10 USC 1214a note.>> Effective Date.--The amendments
made by subsection (a) shall take effect on the date of the enactment of
this Act, and shall apply with respect to members evaluated for fitness
for duty by Physical Evaluation Boards on or after that date.
SEC. 535. REVIEW OF LAWS, POLICIES, AND REGULATIONS RESTRICTING
SERVICE OF FEMALE MEMBERS OF THE ARMED
FORCES.
(a) Review Required.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall conduct a review of
laws, policies, and regulations, including the collocation policy, that
may restrict the service of female members of the Armed Forces to
determine whether changes in such laws, policies, and regulations are
needed to ensure that female members have an equitable opportunity to
compete and excel in the Armed Forces.
[[Page 124 STAT. 4218]]
(b) <<NOTE: Deadline. Reports.>> Submission of Results.--Not later
than April 15, 2011, the Secretary of Defense shall submit to the
congressional defense committees a report containing the results of the
review.
Subtitle E--Military Justice and Legal Matters
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO
COMPLETE DISCIPLINARY ACTION.
Section 580 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(f) A warrant officer subject to discharge or retirement under
this section, but against whom any action has been commenced with a view
to trying the officer by court-martial, may be continued on active duty,
without prejudice to such action, until the completion of such
action.''.
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY
JUSTICE PROCEEDINGS.
(a) In General.--Section 848 of title 10, United States Code
(article 48 of the Uniform Code of Military Justice), is amended to read
as follows:
``Sec. 848. Art. 48. Contempts
``(a) Authority to Punish Contempt.--A judge detailed to a court-
martial, a court of inquiry, the United States Court of Appeals for the
Armed Forces, a military Court of Criminal Appeals, a provost court, or
a military commission may punish for contempt any person who--
``(1) uses any menacing word, sign, or gesture in the
presence of the judge during the proceedings of the court-
martial, court, or military commission;
``(2) disturbs the proceedings of the court-martial, court,
or military commission by any riot or disorder; or
``(3) willfully disobeys the lawful writ, process, order,
rule, decree, or command of the court-martial, court, or
military commission.
``(b) Punishment.--The punishment for contempt under subsection (a)
may not exceed confinement for 30 days, a fine of $1,000, or both.
``(c) Inapplicability to Military Commissions Under Chapter 47A.--
This section does not apply to a military commission established under
chapter 47A of this title.''.
(b) <<NOTE: 10 USC 848 note.>> 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. <<NOTE: 10 USC 1562 note.>> IMPROVEMENTS TO DEPARTMENT
OF DEFENSE DOMESTIC VIOLENCE PROGRAMS.
(a) <<NOTE: Plans.>> Implementation of Outstanding Comptroller
General Recommendations.--Consistent with <<NOTE: Deadline.>> 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,
[[Page 124 STAT. 4219]]
not later than one year after the date of enactment of this Act,
implementation of actions to address the following recommendations:
(1) Defense incident-based reporting system.--The Secretary
of Defense shall develop a comprehensive management plan to
address deficiencies in the data captured in the Defense
Incident-Based Reporting System to ensure the system can provide
an accurate count of domestic violence incidents, and any
consequent disciplinary action, that are reported throughout the
Department of Defense.
(2) Adequate personnel.--The Secretary of Defense shall
develop a plan to ensure that adequate personnel are available
to implement recommendations made by the Defense Task Force on
Domestic Violence.
(3) Domestic violence training data for chaplains.--The
Secretary of Defense shall develop a plan to collect domestic
violence training data for chaplains.
(4) Oversight framework.--The Secretary of Defense shall
develop an oversight framework for Department of Defense
domestic violence programs, to include oversight of
implementation of recommendations made by the Defense Task Force
on Domestic Violence, including budgeting, communication
initiatives, and policy compliance.
(b) Implementation Report.--The Secretary of Defense shall submit to
the congressional defense committees an implementation report within 90
days of the completion of actions outlined in subsection (a).
Subtitle F--Member Education and Training Opportunities and
Administration
SEC. 551. ENHANCEMENTS OF DEPARTMENT OF DEFENSE UNDERGRADUATE
NURSE TRAINING PROGRAM.
(a) Clarification of Degree Covered by Program.--Subsection (a) of
section 2016 of title 10, United States Code, is amended by striking ``a
nursing degree'' and inserting ``a bachelor of science degree in
nursing''.
(b) Graduation Rates of Training Programs.--Subsection (b) of such
section is amended by inserting ``in nursing'' after ``bachelor of
science degree''.
(c) Location of Programs.--Subsection (d) of such section is amended
to read as follows:
``(d) Location of Programs.--(1) An academic institution selected to
operate an undergraduate nurse training program shall establish the
program at or near a military installation that has a military treatment
facility designated as a medical center with inpatient capability and
multiple graduate medical education programs located on the installation
or within reasonable proximity to the installation.
``(2) <<NOTE: Assessment.>> Before approving a location as the site
of an undergraduate nurse training program, the Secretary of Defense
shall conduct an assessment to ensure that the establishment of the
program at that location will not adversely impact or displace existing
nurse training programs, either conducted by the Department of Defense
or by a civilian entity, at the location.''.
(d) Pilot Program.--
[[Page 124 STAT. 4220]]
(1) Implementation.--Paragraph (2) of section 525(d) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2287; 10 U.S.C. 2016 note) is amended by
striking ``July 1, 2011'' and inserting ``December 31, 2011''.
(2) Graduation rates.--Paragraph (3) of such section is
amended--
(A) by striking the ``The pilot program shall
achieve'' and inserting ``The goal of the pilot program
is to achieve''; and
(B) by striking ``nurse training program'' and
inserting ``nurse training programs''.
SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.
(a) Enlisted Members on Active Duty in Specified Military
Specialties.--Section 2171 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(g) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
16301 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(h) The Secretary of Defense may prescribe, by regulations,
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions for
making loan repayments. Such regulations may include exceptions that
would allow for the payment as a lump sum of any loan repayment due to a
member under a written agreement that existed at the time of a member's
death or disability.''.
(b) Members of Selected Reserve.--Section 16301 of such title is
amended by adding at the end the following new subsections:
``(h) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
2171 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(i) <<NOTE: Regulations. Procedures. Standards.>> The Secretary
of Defense may prescribe, by regulations, procedures for implementing
this section, including standards for qualified loans and authorized
payees and other terms and conditions for making loan repayments. Such
regulations may include exceptions that would allow for the payment as a
lump sum of any loan repayment due to a member under a written agreement
that existed at the time of a member's death or disability.''.
SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM RECIPIENTS IN ACTIVE DUTY HEALTH
PROFESSION LOAN REPAYMENT PROGRAM.
Section 2173(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The person is enrolled in the Armed Forces Health
Professions Scholarship and Financial Assistance Program under
subchapter I of chapter 105 of this title for a number of years
less than is required to complete the normal length of the
course of study required for the health profession concerned.''.
[[Page 124 STAT. 4221]]
SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACADEMY GRADUATES
WHO PARTICIPATE IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
(a) Military Academy Graduates.--Section 4348(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in a program under
section 2121 of this title, the cadet will fulfill any unserved
obligation incurred under this section on active duty,
regardless of the type of appointment held, upon completion of,
and in addition to, any service obligation incurred under
section 2123 of this title for participation in such program.''.
(b) Naval Academy Graduates.--Section 6959(a) of such title is
amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the midshipman participates in a program
under section 2121 of this title, the midshipman will fulfill
any unserved obligation incurred under this section on active
duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation in
such program.''.
(c) Air Force Academy Graduates.--Section 9348(a) of such title is
amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in a program under
section 2121 of this title, the cadet will fulfill any unserved
obligation incurred under this section on active duty,
regardless of the type of appointment held, upon completion of,
and in addition to, any service obligation incurred under
section 2123 of this title for participation in such program.''.
Subtitle G--Defense Dependents' Education
SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES
WHO RESIDE IN TEMPORARY HOUSING IN
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) Under the circumstances described in subparagraph (B), the
Secretary may, at the discretion of the Secretary, permit a dependent of
a member of the armed forces to enroll in an educational program
provided by the Secretary pursuant to this subsection without regard to
the requirement in paragraph (1) with respect to residence on a military
installation.
``(B) <<NOTE: Applicability.>> Subparagraph (A) applies only if--
``(i) the dependents reside in temporary housing (regardless
of whether the temporary housing is on Federal property)--
``(I) because of the unavailability of adequate
permanent living quarters on the military installation
to which the member is assigned; or
[[Page 124 STAT. 4222]]
``(II) while the member is wounded, ill, or injured;
and
``(ii) the Secretary determines that the circumstances of
such living arrangements justify extending the enrollment
authority to include the dependents.''.
SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2011 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C.
7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2011 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$10,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of section
572 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 563. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2011
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $10,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
Subtitle H--Decorations and Awards
SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE
STAR MEDAL.
(a) Limitation on Eligible Persons.--Section 1133 of title 10,
United States Code, is amended to read as follows:
``Sec. 1133. Bronze Star: limitation on persons eligible to
receive
``The decoration known as the `Bronze Star' may only be awarded to a
member of a military force who--
``(1) at the time of the events for which the decoration is
to be awarded, was serving in a geographic area in which special
pay is authorized under section 310 or paragraph (1) or (3) of
section 351(a) of title 37; or
``(2) receives special pay under section 310 or paragraph
(1) or (3) of section 351(a) of title 37 as a result of those
events.''.
[[Page 124 STAT. 4223]]
(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) <<NOTE: 10 USC 1133 note.>> Application of Amendment.--The
amendment made by subsection (a) applies to the award of the Bronze Star
after October 30, 2000.
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO SHINYEI MATAYOSHI FOR
ACTS OF VALOR DURING WORLD WAR II.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized and
requested to award the Distinguished-Service Cross under section 3742 of
that title to Shinyei Matayoshi for the acts of valor referred to in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Tech Sergeant Shinyei Matayoshi on
April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental
Combat Team during World War II.
SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO JAY C. COPLEY FOR ACTS OF
VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized and
requested to award the Distinguished-Service Cross under section 3742 of
such title to former Captain Jay C. Copley of the United States Army for
the acts of valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Captain Jay C. Copley on May 5,
1968, as commander of Company C of the 1st Battalion, 50th Infantry,
attached to the 173d Airborne Brigade during an engagement with a
regimental-size enemy force in Bin Dinh Province, South Vietnam.
SEC. 574. <<NOTE: 10 USC 113 note.>> PROGRAM TO COMMEMORATE 60TH
ANNIVERSARY OF THE KOREAN WAR.
(a) Commemorative Program Authorized.--The Secretary of Defense may
establish and conduct a program to commemorate the 60th anniversary of
the Korean War (in this section referred to as the ``commemorative
program''). In conducting the commemorative program, the Secretary of
Defense shall coordinate and support other programs and activities of
the Federal Government, State and local governments, and other persons
and organizations in commemoration of the Korean War.
(b) <<NOTE: Determination.>> 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
[[Page 124 STAT. 4224]]
in subsection (c). The Secretary of Defense may establish a committee to
assist the Secretary in determining the schedule and conducting the
commemorative program.
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To thank and honor veterans of the Korean War, including
members of the Armed Forces who were held as prisoners of war or
listed as missing in action, for their service and sacrifice on
behalf of the United States.
(2) To thank and honor the families of veterans of the
Korean War for their sacrifices and contributions, especially
families who lost a loved one in the Korean War.
(3) To highlight the service of the Armed Forces during the
Korean War and the contributions of Federal agencies and
governmental and non-governmental organizations that served
with, or in support of, the Armed Forces.
(4) To pay tribute to the sacrifices and contributions made
on the home front by the people of the United States during the
Korean War.
(5) To provide the people of the United States with a clear
understanding and appreciation of the lessons and history of the
Korean War.
(6) To highlight the advances in technology, science, and
medicine related to military research conducted during the
Korean War.
(7) To recognize the contributions and sacrifices made by
the allies of the United States during the Korean War.
(d) Use of The United States of America Korean War Commemoration and
Symbols.--Subsection (c) <<NOTE: Applicability.>> of section 1083 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1918), as amended by section 1067 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2134) and section 1052 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
764), shall apply to the commemorative program.
(e) Commemorative Fund.--
(1) Establishment of new account.--If the Secretary of
Defense establishes the commemorative program, the Secretary the
Treasury shall establish in the Treasury of the United States an
account to be known as the ``Department of Defense Korean War
Commemoration Fund'' (in this section referred to as the
``Fund'').
(2) Administration and use of fund.--The Fund shall be
available to, and administered by, the Secretary of Defense. The
Secretary of Defense <<NOTE: Regulations.>> shall use the
assets of the Fund only for the purpose of conducting the
commemorative program and shall prescribe such regulations
regarding the use of the Fund as the Secretary of Defense
considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary
of Defense of the exclusive rights described in
subsection (c) of section 1083 of the National Defense
Authorization
[[Page 124 STAT. 4225]]
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1918).
(C) Donations made in support of the commemorative
program by private and corporate donors.
(4) Availability.--Subject to paragraph (5), amounts in the
Fund shall remain available until expended.
(5) Treatment of unobligated funds; transfer.--If
unobligated amounts remain in the Fund as of September 30, 2013,
the Secretary of the Treasury shall transfer the remaining
amounts to the Department of Defense Vietnam War Commemorative
Fund established pursuant to section 598(e) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 113 note). The transferred amounts shall be
merged with, and available for the same purposes as, other
amounts in the Department of Defense Vietnam War Commemorative
Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense
may accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of
Defense shall prohibit the solicitation of any voluntary
services if the nature or circumstances of such solicitation
would compromise the integrity or the appearance of integrity of
any program of the Department of Defense or of any individual
involved in the program.
(2) Compensation for work-related injury.--A person
providing voluntary services under this subsection shall be
considered to be a Federal employee for purposes of chapter 81
of title 5, United States Code, relating to compensation for
work-related injuries. The person shall also be considered a
special governmental employee for purposes of standards of
conduct and sections 202, 203, 205, 207, 208, and 209 of title
18, United States Code. A person who is not otherwise employed
by the Federal Government shall not be considered to be a
Federal employee for any other purpose by reason of the
provision of voluntary services under this subsection.
(3) Reimbursement of incidental expenses.--The Secretary of
Defense may provide for reimbursement of incidental expenses
incurred by a person providing voluntary services under this
subsection. <<NOTE: Determination.>> The Secretary of Defense
shall determine which expenses are eligible for reimbursement
under this paragraph.
(g) Report Required.--If the Secretary of Defense conducts the
commemorative program, the Inspector General of the Department of
Defense shall submit to Congress, not later than 60 days after the end
of the commemorative program, a report containing an accounting of--
(1) all of the funds deposited into and expended from the
Fund;
(2) any other funds expended under this section; and
(3) any unobligated funds remaining in the Fund as of
September 30, 2013, that are transferred to the Department of
Defense Vietnam War Commemorative Fund pursuant to subsection
(e)(5).
(h) Limitation on Expenditures.--Using amounts appropriated to the
Department of Defense, the Secretary of Defense
[[Page 124 STAT. 4226]]
may not expend more than $5,000,000 to carry out the commemorative
program.
Subtitle I--Military Family Readiness Matters
SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT OF
DEFENSE MILITARY FAMILY READINESS COUNCIL.
(a) Inclusion of Spouse of General or Flag Officer.--Subsection (b)
of section 1781a of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (E) as
subparagraph (F); and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) The spouse of a general or flag officer.''; and
(2) in paragraph (2), by striking ``subparagraphs (C) and
(D)'' and inserting ``subparagraphs (C), (D), and (E)''.
(b) Inclusion of Director of Office of Community Support for
Military Families With Special Needs.--Subsection (b)(1) of such section
is further amended by adding at the end the following new subparagraph:
``(G) The Director of the Office of Community Support for
Military Families With Special Needs.''.
(c) Clarification of Appointment Options for Existing Member.--
Subparagraph (F) of subsection (b)(1) of such section, as redesignated
by subsection (a)(1)(A), is amended to read as follows:
``(F) In addition to the representatives appointed under
subparagraphs (B) and (C), the senior enlisted advisor, or the
spouse of a senior enlisted member, from each of the Army, Navy,
Marine Corps, and Air Force.''.
(d) Appointment by Secretary of Defense.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``, who shall
be appointed by the Secretary of Defense'';
(B) in subparagraph (C), by striking ``, who shall
be appointed by the Secretary of Defense'' both places
it appears; and
(C) in subparagraph (D), by striking ``by the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary of Defense shall appoint the members of the
Council required by subparagraphs (B) through (F) of paragraph (1).''.
SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.
(a) Director of the Office of Community Support for Military
Families With Special Needs.--Subsection (c) of section 1781c of title
10, United States Code, is amended to read as follows:
``(c) Director.--(1) The head of the Office shall be the Director of
the Office of Community Support for Military Families With
[[Page 124 STAT. 4227]]
Special Needs, who shall be a member of the Senior Executive Service or
a general officer or flag officer.
``(2) In the discharge of the responsibilities of the Office, the
Director shall be subject to the supervision, direction, and control of
the Under Secretary of Defense for Personnel and Readiness.''.
(b) Additional Responsibility for Office.--Subsection (d) of such
section <<NOTE: 10 USC 1781c.>> is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) To conduct periodic reviews of best practices in the
United States in the provision of medical and educational
services for children with special needs.''.
(c) Enhancement of Support.--Section 563 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2304) <<NOTE: 10 USC 1781c.>> is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) <<NOTE: 10 USC 1781c note.>> by inserting after
subsection (b) the following new subsections:
``(c) Military Department Support for Local Centers to Assist
Military Children With Special Needs.--The Secretary of a military
department may establish or support centers on or in the vicinity of
military installations under the jurisdiction of such Secretary to
coordinate and provide medical and educational services for children
with special needs of members of the Armed Forces who are assigned to
such installations.
``(d) Advisory Panel on Community Support for Military Families With
Special Needs.--
``(1) <<NOTE: Deadline.>> Establishment.--Not later than 90
days after the date of the enactment of this subsection, the
Secretary of Defense shall establish an advisory panel on
community support for military families with special needs.
``(2) Members.--The advisory panel shall consist of seven
individuals who are a member of a military family with special
needs. The Secretary <<NOTE: Appointment.>> of Defense shall
appoint the members of the advisory panel.
``(3) Duties.--The advisory panel shall--
``(A) provide informed advice to the Director of the
Office of Community Support for Military Families With
Special Needs on the implementation of the policy
required by subsection (e) of section 1781c of title 10,
United States Code, and on the discharge of the programs
required by subsection (f) of such section;
``(B) assess and provide information to the Director
on services and support for children with special needs
that is available from other departments and agencies of
the Federal Government and from State and local
governments; and
``(C) otherwise advise and assist the Director in
the discharge of the duties of the Office of Community
Support for Military Families With Special Needs in such
manner as the Secretary of Defense and the Director
jointly determine appropriate.
``(4) Meetings.--The Director shall meet with the advisory
panel at such times, and with such frequency, as the Director
considers appropriate. <<NOTE: Deadline.>> The Director shall
meet with the panel
[[Page 124 STAT. 4228]]
at least once each year. The Director may meet with the panel
through teleconferencing or by other electronic means.''.
SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Office for Reintegration Programs.--Subsection (d)(1) of section
582 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 10101 note) is amended--
(1) by striking ``The Under'' and inserting the following:
``(A) In general.--The Under''; and
(2) in the last sentence--
(A) by striking ``The office may also'' and
inserting the following:
``(B) Partnerships and access.--The office may'';
(B) by inserting ``and the Department of Veterans
Affairs'' after ``Administration''; and
(C) by adding at the end the following new sentence:
``Service and State-based programs may provide access to
curriculum, training, and support for services to
members and families from all components.''.
(b) Center for Excellence in Reintegration.--Subsection (d)(2) of
such section is amended by adding at the end the following new sentence:
``The Center shall develop and implement a process for evaluating the
effectiveness of the Yellow Ribbon Reintegration Program in supporting
the health and well-being of members of the Armed Forces and their
families throughout the deployment cycle described in subsection (g).''.
(c) State Deployment Cycle Support Teams.--Subsection (f)(3) of such
section is amended by inserting ``and community-based organizations''
after ``service providers''.
(d) Operation of Program During Deployment and Post-deployment-
reconstitution Phases.--Subsection (g) of such section is amended--
(1) in paragraph (3), by inserting ``and to decrease the
isolation of families during deployment'' after ``combat zone'';
and
(2) in paragraph (5)(A), by inserting ``, providing
information on employment opportunities,'' after
``communities''.
(e) Additional Outreach Service.--Subsection (h) of such section, as
amended by section 595(1) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended by
adding at the end the following new paragraph:
``(15) Resiliency training to promote comprehensive programs
for members of the Armed Forces to build mental and emotional
resiliency for successfully meeting the demands of the
deployment cycle.''.
SEC. 584. EXPANSION AND CONTINUATION OF JOINT FAMILY SUPPORT
ASSISTANCE PROGRAM.
Section 675 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781
note) is amended--
(1) in subsection (b)--
(A) by striking ``not more than'' and inserting
``not less than''; and
(B) by striking ``Up to'' and inserting ``At
least''; and
[[Page 124 STAT. 4229]]
(2) in subsection (h), by striking ``at the end of the
three-year period beginning on the date on which funds are first
obligated for the program'' and inserting ``on December 31,
2012''.
SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS.
(a) Review Required.--The Secretary of Defense shall carry out a
review of all education programs of the Department of Defense and
Department of Veterans Affairs designed to support spouses of members of
the Armed Forces.
(b) Elements of Review.--At a minimum, the review shall evaluate the
following:
(1) All education programs of the Department of Defense and
Department of Veterans Affairs that are in place to advance
educational opportunities for military spouses.
(2) The efficacy and effectiveness of such education
programs.
(3) The extent to which the availability of educational
opportunities for military spouses influences the decisions of
members to remain in the Armed Forces.
(4) A comparison of the costs associated with providing
military spouse education opportunities as an incentive to
retain members rather than recruiting or training new members.
(c) Submission of Results.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) the results of the review; and
(2) such recommendations as the Secretary considers
necessary for improving military spouse education programs.
(d) Consultation.--In conducting the review and preparing the
report, the Secretary of Defense shall consult with the Secretary of
Veterans Affairs regarding education programs of Department of Veterans
Affairs assisting spouses of members of the Armed Forces.
SEC. 586. REPORT ON ENHANCING BENEFITS AVAILABLE FOR MILITARY
DEPENDENT CHILDREN WITH SPECIAL EDUCATION
NEEDS.
(a) Report Required.--Not later than September 30, 2011, the
Secretary of the Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report describing
the needs of military families with children with special education
needs and evaluating options to enhance the benefits available to such
families and children under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) in meeting such needs.
(b) Consultation.--The Secretary of Defense shall prepare the report
in consultation with the Secretary of Education.
(c) Elements.--In preparing the report, the Secretary of Defense
shall--
(1) identify and assess obstacles faced by military families
with children with special education needs in obtaining a free
appropriate public education to address such needs;
(2) identify and assess evidence-based research and best
practices for providing special education and related services
(as those terms are defined in section 602 of the Individuals
[[Page 124 STAT. 4230]]
with Disabilities Education Act (20 U.S.C. 1401)) for military
children with special education needs;
(3) assess timeliness in obtaining special education and
related services described in paragraph (2);
(4) determine and document the cost associated with
obtaining special education and related services described in
paragraph (2);
(5) assess the feasibility of establishing an individualized
education program for military children with special education
needs that is applicable across jurisdictions of local
educational agencies in order to achieve reciprocity among
States in acknowledging such programs;
(6) identify means of improving oversight and compliance
with the requirements of section 614 of the Individuals with
Disabilities Education Act (20 U.S.C. 1414) relating to a local
educational agency supporting an existing individualized
education program for a child with special education needs who
is relocating to another State pursuant to the permanent change
of station of a military parent until an individualized
education program is developed and approved for such child in
the State to which the child relocates;
(7) assess the feasibility of establishing an expedited
process for resolution of complaints by military parents with a
child with special education needs about lack of access to
education and related services otherwise specified in the
individualized education program of the child;
(8) assess the feasibility of permitting the Department of
Defense to contact the State to which a military family with a
child with special education needs will relocate pursuant to a
permanent change of station when the orders for such change of
station are issued, but before the family takes residence in
such State, for the purpose of commencing preparation for
education and related services specified in the individualized
education program of the child;
(9) assess the feasibility of establishing a system within
the Department of Defense to document complaints by military
parents regarding access to free and appropriate public
education for their children with special education needs;
(10) identify means to strengthen the monitoring and
oversight of special education and related services for military
children with special education needs under the Interstate
Compact on Educational Opportunities for Military Children; and
(11) consider such other matters as the Secretary of Defense
and the Secretary of Education jointly consider appropriate.
SEC. 587. <<NOTE: 10 USC 1791 note.>> REPORTS ON CHILD
DEVELOPMENT CENTERS AND FINANCIAL
ASSISTANCE FOR CHILD CARE FOR MEMBERS OF
THE ARMED FORCES.
(a) Reports Required.--Not later than six months after the date of
the enactment of this Act, and every two years thereafter, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on Department of
Defense child development centers and financial assistance for child
care provided by the Department of Defense off-installation to members
of the Armed Forces.
(b) Elements.--Each report required by subsection (a) shall include
the following, current as of the date of such report:
[[Page 124 STAT. 4231]]
(1) The number of child development centers currently
located on military installations.
(2) The number of dependents of members of the Armed Forces
utilizing such child development centers.
(3) The number of dependents of members of the Armed Forces
that are unable to utilize such child development centers due to
capacity limitations.
(4) The types of financial assistance available for child
care provided by the Department of Defense off-installation to
members of the Armed Forces (including eligible members of the
reserve components).
(5) The extent to which members of the Armed Forces are
utilizing such financial assistance for child care off-
installation.
(6) The methods by which the Department of Defense reaches
out to eligible military families to increase awareness of the
availability of such financial assistance.
(7) The formulas used to calculate the amount of such
financial assistance provided to members of the Armed Forces.
(8) The funding available for such financial assistance in
the Department of Defense and in the military departments.
(9) The barriers to access, if any, to such financial
assistance faced by members of the Armed Forces, including
whether standards and criteria of the Department of Defense for
child care off-installation may affect access to child care.
(10) Any other matters the Secretary considers appropriate
in connection with such report, including with respect to the
enhancement of access to Department of Defense child care
development centers and financial assistance for child care off-
installation for members of the Armed Forces.
Subtitle J--Other Matters
SEC. 591. AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE AND COAST GUARD CIVILIAN
EMPLOYEES AND THEIR FAMILIES TO ACCEPT
GIFTS FROM NON-FEDERAL ENTITIES.
(a) Codification and Expansion of Existing Authority to Cover
Additional Members and Employees.--Chapter 155 of title 10, United
States Code, is amended by inserting after section 2601 the following
new section:
``Sec. 2601a. Direct acceptance of gifts by members of the armed
forces and Department of Defense and Coast
Guard employees and their families
``(a) Regulations Governing Acceptance of Gifts.--(1) The Secretary
of Defense (and the Secretary of Homeland Security in the case of the
Coast Guard) shall issue regulations to provide that, subject to such
limitations as may be specified in such regulations, the following
individuals may accept gifts from nonprofit organizations, private
parties, and other sources outside the Department of Defense or the
Department of Homeland Security:
``(A) A member of the armed forces described in subsection
(b).
``(B) A civilian employee of the Department of Defense or
Coast Guard described in subsection (c).
[[Page 124 STAT. 4232]]
``(C) The family members of such a member or employee.
``(D) Survivors of such a member or employee who is killed.
``(2) The regulations required by this subsection shall--
``(A) <<NOTE: Applicability.>> apply uniformly to all
elements of the Department of Defense and, to the maximum extent
feasible, to the Coast Guard; and
``(B) require review and approval by a designated agency
ethics official before acceptance of a gift to ensure that
acceptance of the gift complies with the Joint Ethics
Regulation.
``(b) <<NOTE: Applicability.>> Covered Members.--This section
applies to a member of the armed forces who, while performing active
duty, full-time National Guard duty, or inactive-duty training on or
after September 11, 2001, incurred an injury or illness--
``(1) as described in section 1413a(e)(2) of this title; or
``(2) under other circumstances determined by the Secretary
concerned to warrant treatment analogous to members covered by
paragraph (1).
``(c) <<NOTE: Applicability.>> Covered Employees.--This section
applies to a civilian employee of the Department of Defense or Coast
Guard who, while an employee on or after September 11, 2001, incurred an
injury or illness under a circumstance described in paragraph (1) or (2)
of subsection (c).
``(d) Gifts From Certain Sources Prohibited.--The regulations issued
under subsection (a) may not authorize the acceptance of a gift from a
foreign government or international organization or their agents.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2601 the following new item:
``2601a. Direct acceptance of gifts by members of the armed forces and
Department of Defense and Coast Guard employees and their
families.''.
SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS
AUTHORIZED FOR ADMISSION TO NATIONAL
DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended by
striking ``20 full-time student positions'' and inserting ``35 full-time
student positions''.
SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Admission Authority.--Chapter 901 of title 10, United States
Code, is amended by inserting after section 9314 the following new
section:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of defense industry civilians
``(a) Admission Authorized.--(1) The Secretary of the Air Force may
permit defense industry employees described in subsection (b) to receive
instruction at the United States Air Force Institute of Technology in
accordance with this section. Any such defense industry employee may be
enrolled in, and may be provided instruction in, a program leading to a
graduate degree in a defense focused curriculum related to aeronautics
and astronautics, electrical and computer engineering, engineering
physics, mathematics and statistics, operational sciences, or systems
and engineering management.
[[Page 124 STAT. 4233]]
``(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.''.
[[Page 124 STAT. 4234]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9314 the following new item:
``9314a. United States Air Force Institute of Technology: admission of
defense industry civilians.''.
SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE CORPS.
Paragraph (5) of section 3068 of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``Pharmacy, Supply, and
Administration'' and inserting ``Administrative Health
Services'';
(2) in subparagraph (C), by striking ``Sanitary
Engineering'' and inserting ``Preventive Medicine Sciences'';
and
(3) in subparagraph (D), by striking ``Optometry'' and
inserting ``Clinical Health Sciences''.
SEC. 595. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF
DEFENSE STARBASE PROGRAM.
Section 2193b(g) of title 10, United States Code, is amended by
striking ``90 days after the end of each fiscal year'' and inserting
``March 31 of each year''.
SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF
MILITARY LEADERSHIP DIVERSITY COMMISSION.
Section 596(e)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4478) is amended by striking ``12 months'' and inserting ``18 months''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.
[[Page 124 STAT. 4235]]
Subtitle D--Disability, Retired Pay and Survivor Benefits
Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on reducing
eligibility age for receipt of non-regular service retired
pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.
Subtitle F--Other Matters
Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.
Subtitle A--Pay and Allowances
SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR
RESERVIST INCOME REPLACEMENT PAYMENTS ON
ACCOUNT OF AVAILABILITY OF COMPARABLE
BENEFITS UNDER ANOTHER PROGRAM.
(a) Ineligibility for Payments.--Section 910(b) of title 37, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) A civilian employee of the Federal Government who is also a
member of a reserve component is not entitled to a payment under this
section for any period for which the employee is entitled to--
``(A) a differential payment under section 5538 of title 5;
or
``(B) a comparable benefit under an administratively
established program for civilian employees absent from a
position of employment with the Federal Government in order to
perform active duty in the uniformed services.''.
(b) <<NOTE: 37 USC 910 note.>> 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.
[[Page 124 STAT. 4236]]
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.
[[Page 124 STAT. 4237]]
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY,
AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(7) Section 327(h), relating to incentive bonus for transfer
between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
[[Page 124 STAT. 4238]]
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.
The following sections of title 10, United States Code, are amended
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
(1) Section 1030(i), relating to health professions referral
bonus.
(2) Section 3252(h), relating to Army referral bonus.
Subtitle C--Travel and Transportation Allowances
SEC. 621. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND
TRANSPORTATION ALLOWANCES FOR INACTIVE
DUTY TRAINING OUTSIDE OF NORMAL COMMUTING
DISTANCES.
Section 408a(e) of title 37, United States Code, is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE AT
YELLOW RIBBON REINTEGRATION EVENTS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411k the following new
section:
``Sec. 411l. Travel and transportation allowances: attendance of
members and other persons at Yellow Ribbon
Reintegration Program events
``(a) <<NOTE: Regulations.>> Allowances Authorized.--(1) Under
uniform regulations prescribed by the Secretaries concerned, a member of
the uniformed services authorized to attend a Yellow Ribbon
Reintegration Program event may be provided travel and transportation
allowances in order that the member may attend a Yellow Ribbon
Reintegration Program event.
``(2) Under uniform regulations prescribed by the Secretaries
concerned, travel and transportation allowances may be provided for a
person designated pursuant to subsection (b) in order for the person to
accompany a member in attending a Yellow Ribbon Reintegration Program
event if the Secretary concerned determines that the presence of the
person at the event may contribute to the purposes of the event for the
member.
``(b) Designation of Persons Eligible for Allowance.--A member of
the uniformed services who is eligible to attend a Yellow Ribbon
Reintegration Program event may designate one or more persons, including
another member of the uniformed services, for purposes of receiving
travel and transportation allowances described in subsection (c) to
attend a Yellow Ribbon Reintegration Program event. The designation of a
person for purposes of this section shall be made in writing and may be
changed at any time.
``(c) Authorized Travel and Transportation.--(1) The transportation
authorized by subsection (a) is round-trip transportation between the
home or place of business of the authorized person and the location of
the Yellow Ribbon Reintegration Program event.
[[Page 124 STAT. 4239]]
``(2) In addition to transportation under paragraph (1), the
Secretary concerned may provide a per diem allowance or reimbursement
for the actual and necessary expenses of the travel, or a combination
thereof, but not to exceed the rates established under section 404(d) of
this title.
``(3) The transportation authorized by paragraph (1) may be provided
by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(4) An allowance payable under this subsection may be paid in
advance.
``(5) Reimbursement payable under this subsection may not exceed the
cost of Government-procured commercial round-trip air travel.
``(d) Yellow Ribbon Reintegration Program Event Defined.--In this
section, the term `Yellow Ribbon Reintegration Program event' means an
event authorized under section 582 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
related to section 411k the following new item:
``411l. Travel and transportation allowances: attendance of members and
other persons at Yellow Ribbon Reintegration Program
events.''.
(b) <<NOTE: 37 USC 411l note.>> Applicability.--No reimbursement
may be provided under section 411l of title 37, United States Code, as
added by subsection (a), for travel and transportation costs incurred
before September 30, 2010.
Subtitle D--Disability, Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR MEMBERS
WITH GREATER THAN 30 YEARS OF SERVICE WHO
RETIRE FOR DISABILITY.
(a) Computation of Retired Pay.--The table in section 1401(a) of
title 10, United States Code, is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability'' both
places it appears; and
(2) by striking column 4.
(b) Recomputation of Retired or Retainer Pay to Reflect Later Active
Duty of Members Who First Became Members Before September 8, 1980.--The
table in section 1402(d) of such title is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability''; and
(2) by striking column 4.
(c) Recomputation of Retired or Retainer Pay to Reflect Later Active
Duty of Members Who First Became Members After September 7, 1980.--The
table in section 1402a(d) of such title is amended--
[[Page 124 STAT. 4240]]
(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) <<NOTE: 10 USC 1401 note.>> Application of Amendments.--The
tables in sections 1401(a), 1402(d), and 1402a(d) of title 10, United
States Code, as in effect on the day before the date of the enactment of
this Act, shall continue to apply to the computation or recomputation of
retired or retainer pay for persons who first became entitled to retired
or retainer pay under subtitle A of such title on or before the date of
the enactment of this Act. The amendments made by this section shall
apply only with respect to persons who first become entitled to retired
or retainer pay under such subtitle after that date.
SEC. 632. PAYMENT DATE FOR RETIRED AND RETAINER PAY.
(a) Setting Payment Date.--Section 1412 of title 10, United States
Code, is amended--
(1) by striking ``Amounts'' and inserting ``(a) Rounding.--
Amounts''; and
(2) by adding at the end the following new subsection:
``(b) Payment Date.--Amounts of retired pay and retainer pay due a
retired member of the uniformed services shall be paid on the first day
of each month beginning after the month in which the right to such pay
accrues.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 1412. Administrative provisions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking the
item relating to section 1412 and inserting the following new
item:
``1412. Administrative provisions.''.
(c) <<NOTE: 10 USC 1412 note.>> Effective Date.--Subsection (b) of
section 1412 of title 10, United States Code, as added by subsection
(a), shall apply beginning with the first month that begins more than 30
days after the date of the enactment of this Act.
SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT
MEMBER TO ACTIVE DUTY TO RECEIVE
AUTHORIZED MEDICAL CARE ON REDUCING
ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR
SERVICE RETIRED PAY.
Section 12731(f)(2)(B) of title 10, United States Code, is amended
by adding at the end the following new clause:
``(iii) If a member described in subparagraph (A) is wounded or
otherwise injured or becomes ill while serving on active duty pursuant
to a call or order to active duty under a provision of law referred to
in the first sentence of clause (i) or in clause (ii), and the member is
then ordered to active duty under section 12301(h)(1) of this title to
receive medical care for the wound, injury, or illness, each day of
active duty under that order for medical care shall be treated as a
continuation of the original call or order to active duty for purposes
of reducing the eligibility age of the member under this paragraph.''.
[[Page 124 STAT. 4241]]
SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS WITH
INJURIES OR ILLNESSES REQUIRING ASSISTANCE
IN EVERYDAY LIVING WITH MONTHLY PERSONAL
CAREGIVER STIPEND UNDER DEPARTMENT OF
VETERANS AFFAIRS PROGRAM OF COMPREHENSIVE
ASSISTANCE FOR FAMILY CAREGIVERS.
Subsection (c) of section 439 of title 37, United States Code, is
amended to read as follows:
``(c) Amount.--The amount of monthly special compensation payable to
a member under subsection (a) shall be the amount as follows:
``(1) The monthly amount of aid and attendance payable under
section 1114(r)(2) of title 38.
``(2) Upon the establishment by the Secretary of Veterans
Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of
title 38 of the schedule of monthly personal caregiver stipends
under the Department of Veterans Affairs program of
comprehensive assistance for family caregivers under
subparagraph (A)(ii)(V) of such section, the monthly personal
caregiver stipend payable with respect to similarly
circumstanced veterans under such schedule, rather than the
amount specified in paragraph (1).''.
SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE
REQUIREMENTS FOR RETIRED PAY FOR NON-
REGULAR SERVICE.
It is the sense of Congress that--
(1) the amendments made to section 12731 of title 10, United
States Code, by section 647 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 160) were intended to reduce the minimum age at which
members of a reserve component of the Armed Forces would begin
receiving retired pay according to time spent deployed, by three
months for every 90-day period spent on active duty over the
course of a career, rather than limiting qualifying time to such
periods wholly served within the same fiscal year, as
interpreted by the Department of Defense; and
(2) steps should be taken by the Department of Defense to
implement the congressional intent outlined in paragraph (1).
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND
RECREATION TELEPHONE SERVICES FOR USE IN
CONTRACTS TO PROVIDE SUCH SERVICES FOR
MILITARY PERSONNEL SERVING IN COMBAT
ZONES.
Section 885 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is
amended by adding at the end the following new subsection:
``(c) Morale, Welfare, and Recreation Telephone Services Defined.--
In this section, the term `morale, welfare, and recreation telephone
services' means unofficial telephone calling center services
[[Page 124 STAT. 4242]]
supporting calling centers provided by the Army and Air Force Exchange
Service, Navy Exchange Service Command, Marine Corps exchanges, or any
other nonappropriated fund instrumentality of the United States under
the jurisdiction of the Armed Forces which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of members of
the Armed Forces.''.
SEC. 642. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE
STORE IN THE NORTHERN MARIANA ISLANDS.
Not <<NOTE: Deadline. Reports.>> later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the results of a study to determine the
feasibility of replacing the ``Shoppette'' of the Army and Air Force
Exchange Service in the Northern Mariana Islands with a full-service
exchange store.
SEC. 643. CONTINUATION OF COMMISSARY AND EXCHANGE OPERATIONS AT
BRUNSWICK NAVAL AIR STATION, MAINE.
(a) Continuation of Operations.--The Secretary of Defense shall
provide for the continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine, until the later of the following:
(1) The closure of Brunswick Naval Air Station.
(2) <<NOTE: Time period.>> The end of the 60-day period
beginning on the date on which the Secretary of Defense makes
the determination under subsection (b).
(b) <<NOTE: Deadline.>> Review and Determination.--Not earlier than
120 days after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) review any report prepared by the Comptroller General of
the United States relating to commissary and exchange operations
at Brunswick Naval Air Station, Maine; and
(2) based on such review, make a determination regarding
whether such operations should be continued.
Subtitle F--Other Matters
SEC. 651. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR PERSONNEL
ASSIGNED TO SEA DUTY.
(a) Report Required.--Not later than July 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the following:
(1) A review of the standards used to determine the monthly
rates of basic allowance for housing for personnel assigned to
sea duty (under section 403 of title 37, United States Code).
(2) A review of the legislative framework and policies
applicable to eligibility and levels of compensation for single
and married personnel, with and without dependents, who are
assigned to sea duty.
(3) Any recommendation for modifications of title 37, United
States Code, relating to basic allowance for housing for
personnel who are assigned to sea duty that the Secretary
considers appropriate, including an estimate of the cost of each
modification.
(b) Elements of Reviews.--In conducting the reviews for purposes of
subsection (a), the Secretary shall consider whether existing
[[Page 124 STAT. 4243]]
law, policies, and housing standards are suitable in terms of the
following:
(1) The cost and availability of housing ashore for
personnel assigned to sea duty.
(2) The pay and allowances (other than basic allowance for
housing) payable to personnel who are assigned to sea duty,
including basic pay, career sea pay, and the family separation
allowance.
(3) The comparability in levels of compensation for single
and married personnel, with and without dependents, who are
assigned to sea duty.
(4) The provision of appropriate quality of life and
retention incentives for members in all grades who are assigned
to sea duty.
(5) The provision of appropriate recognition and motivation
for promotion to higher military grades of personnel who are
assigned to sea duty.
(6) Budgetary constraints and rising personnel costs.
SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF SPECIAL
PAY FOR AVIATION CAREER OFFICERS EXTENDING
PERIOD OF ACTIVE DUTY.
(a) Report Required.--Not later than August 1, 2011, the Secretary
of Defense shall submit to the congressional defense committees a report
regarding the use and management of the special pay programs authorized
in section 301b of title 37, United States Code, for aviation career
officers extending a period of active duty.
(b) Elements of Report.--The report required by subsection (a) shall
include the following:
(1) A review of the programs operated by the Secretaries of
the military departments, including--
(A) directives and guidelines issued by the
Secretary of Defense;
(B) the number of aviation officers receiving the
special pay, listed by weapon system;
(C) the weapon systems for which special pay is not
authorized and the number of aviation officers affected
by such exclusion;
(D) the policy and structure of the programs and the
retention philosophy supporting the policy and structure
of the programs;
(E) the amounts paid to individual aviation
officers, annually and over the course of a career; and
(F) the amounts budgeted annually for such programs.
(2) An accounting of aviation officers receiving the special
pay who have an active duty service commitment and the totals of
aviation officers and allocated funding by types of active duty
service commitment.
(3) A review of retention trends for aviation officers,
generally and by weapon system, within the military departments
and an assessment of the factors that influence retention
trends, and the reliability and durability of those trends if
such factors are altered.
(4) An assessment of the funds that can be saved by
restructuring or eliminating such programs to reduce payments to
aviation officers associated with those weapon systems with
[[Page 124 STAT. 4244]]
strong retention trends and aviation officers with active duty
service commitments.
(5) A review of the demand for former military aviation
officers to fulfill commercial airline hiring requirements,
recent data regarding airline hiring of former military aviation
officers, and an assessment of the methods used by airlines to
qualify pilot candidates for employment as commercial pilots.
(6) Any recommendations for modifications of title 37,
United States Code, relating to special pay for aviation career
officers extending a period of active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military
health-care professionals who are members of the National
Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.
Subtitle C--Other Matters
Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after
deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.
Subtitle A--Improvements to Health Benefits
SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH
CARE COSTS.
(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2009'' and inserting ``September 30, 2011''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is
amended by striking ``September 30, 2010'' and inserting ``September 30,
2011''.
SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER THE TRICARE
PROGRAM.
(a) Dependent Coverage.--
(1) In general.--Chapter 55 of title 10, United States Code,
is amended by adding at the end the following new section:
[[Page 124 STAT. 4245]]
``Sec. 1110b. TRICARE program: extension of dependent coverage
``(a) In General.--In accordance with subsection (c), an individual
described in subsection (b) shall be deemed to be a dependent (as
described in section 1072(2)(D) of this title) for purposes of coverage
under the TRICARE program.
``(b) Individual Described.--An individual described in this
subsection is an individual who--
``(1) would be a dependent under section 1072(2) of this
title but for exceeding an age limit under such section;
``(2) has not attained the age of 26;
``(3) is not eligible to enroll in an eligible employer-
sponsored plan (as defined in section 5000A(f)(2) of the
Internal Revenue Code of 1986);
``(4) is not otherwise a dependent of a member or a former
member under any subparagraph of section 1072(2) of this title;
and
``(5) meets other criteria specified in regulations
prescribed by the Secretary, similar to regulations prescribed
by the Secretary of Health and Human Services under section
2714(b) of the Public Health Service Act.
``(c) <<NOTE: Regulations.>> Premium.--(1) The Secretary shall
prescribe by regulation a premium (or premiums) for coverage under the
TRICARE program provided pursuant to this section to an individual
described in subsection (b).
``(2) <<NOTE: Determination.>> The monthly amount of the premium in
effect for a month for coverage under the TRICARE program pursuant to
this section shall be the amount equal to the cost of such coverage that
the Secretary determines on an appropriate actuarial basis.
``(3) <<NOTE: Requirements. Procedures.>> The Secretary shall
prescribe the requirements and procedures applicable to the payment of
premiums under this subsection.
``(4) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1110a the following new item:
``1110b. TRICARE program: extension of dependent coverage.''.
(b) <<NOTE: 10 USC 1110b note. Deadline.>> Effective Date and
Regulations.--The amendments made by this section shall take effect on
January 1, 2011. The Secretary of Defense shall prescribe an interim
final rule with respect to such amendments, effective not later than
January 1, 2011.
SEC. 703. SURVIVOR DENTAL BENEFITS.
Paragraph (2) of section 1076a(k) of title 10, United States Code,
is amended to read as follows:
``(2) Such term includes any such dependent of a member who dies--
``(A) while on active duty for a period of more than 30
days; or
``(B) while such member is a member of the Ready Reserve.''.
[[Page 124 STAT. 4246]]
SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.
(a) <<NOTE: Deadlines.>> Tinnitus Screening.--
(1) Study required.--Not later than September 30, 2011, the
Secretary of Defense shall conduct a study to identify the best
tests currently available to screen members of the Armed Forces
for tinnitus.
(2) Plan.--Not later than December 31, 2011, the Secretary
shall develop a plan to ensure that all members of the Armed
Forces are screened for tinnitus prior to and after a deployment
to a combat zone.
(3) Report.--Not later than December 31, 2011, the Secretary
shall submit to the congressional defense committees a report
containing the results of the study under paragraph (1) and the
plan under paragraph (2).
(b) Improving Aural Protection for Members of the Armed Forces.--
(1) In general.--In accordance with section 721 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4506), the Secretary of
Defense shall examine methods to improve the aural protection
for members of the Armed Forces in combat.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the methods to
improve aural protection examined under subsection (a).
(c) Center of Excellence.--The Secretary shall ensure that all
studies, findings, plans, and reports conducted or submitted under this
section are transmitted to the center of excellence established by
section 721 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506).
SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER
RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.
During <<NOTE: Time period.>> the period beginning on October 1,
2010, and ending on September 30, 2011, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title 10, United
States Code, for pharmaceutical agents available through retail
pharmacies covered by paragraph (2)(E)(ii) of such section may not
exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
Subtitle B--Health Care Administration
SEC. 711. ADMINISTRATION OF TRICARE.
Subsection (a) of section 1073 of title 10, United States Code, is
amended--
(1) by striking ``Except'' and inserting ``(1) Except''; and
(2) by adding at the end the following new paragraph:
``(2) Except as otherwise provided in this chapter, the Secretary of
Defense shall have responsibility for administering the TRICARE program
and making any decision affecting such program.''.
[[Page 124 STAT. 4247]]
SEC. 712. POSTDEPLOYMENT HEALTH REASSESSMENTS FOR PURPOSES OF THE
MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE
ARMED FORCES DEPLOYED OVERSEAS.
(a) Requirement for Postdeployment Health Reassessments.--Paragraph
(1) of subsection (b) of section 1074f of title 10, United States Code,
is amended to read as follows:
``(1)(A) The system described in subsection (a) shall include the
use of predeployment medical examinations and postdeployment medical
examinations (including the assessment of mental health and the drawing
of blood samples) and postdeployment health reassessments to--
``(i) accurately record the health status of members before
their deployment;
``(ii) accurately record any changes in their health status
during the course of their deployment; and
``(iii) identify health concerns, including mental health
concerns, that may become manifest several months following
their deployment.
``(B) The postdeployment medical examination shall be conducted when
the member is redeployed or otherwise leaves an area in which the system
is in operation (or as soon as possible thereafter).
``(C) <<NOTE: Time period.>> The postdeployment health reassessment
shall be conducted at an appropriate time during the period beginning 90
days after the member is redeployed and ending 180 days after the member
is redeployed.''.
(b) Incorporation in Reassessments of Elements of Predeployment and
Postdeployment Medical Examinations.--Paragraph (2) of such subsection
is amended by striking ``and postdeployment medical examination'' and
inserting ``medical examination, postdeployment medical examination, and
postdeployment health reassessment''.
(c) Recordkeeping.--Subsection (c) of such section is amended--
(1) by inserting ``and reassessments'' after ``medical
examinations''; and
(2) by inserting ``and the prescription and administration
of psychotropic medications'' after ``including immunizations''.
(d) Quality Assurance.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``and postdeployment
medical examinations'' and inserting ``, postdeployment medical
examinations, and postdeployment health reassessments''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and
reassessments'' after ``postdeployment health
assessments''; and
(B) in subparagraph (B), by inserting ``and
reassessments'' after ``such assessments''.
SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO
MILITARY HEALTH-CARE PROFESSIONALS WHO ARE
MEMBERS OF THE NATIONAL GUARD PERFORMING
CERTAIN DUTY WHILE IN STATE STATUS.
Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)'';
[[Page 124 STAT. 4248]]
(2) in paragraph (2), by inserting ``as being described in
this paragraph'' after ``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(3) A health-care professional referred to in paragraph (1) as
being described in this paragraph is a member of the National Guard
who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health profession;
and
``(B) is performing training or duty under section 502(f) of
title 32 in response to an actual or potential disaster.''.
SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR
MEDICAL CORPS OFFICERS.
(a) Review of Training Programs for Medical Officers.--
(1) Review.--The Secretary of Defense shall conduct a review
of training programs for medical officers (as defined in section
101(b)(14) of title 10, United States Code) to ensure that the
academic and military performance of such officers has been
completely documented in military personnel records. The
programs reviewed shall include, at a minimum, the following:
(A) Programs at the Uniformed Services University of
the Health Sciences that award a medical doctor degree.
(B) Selected residency programs at military medical
treatment facilities, as determined by the Secretary, to
include at least one program in each of the specialties
of--
(i) anesthesiology;
(ii) emergency medicine;
(iii) family medicine;
(iv) general surgery;
(v) neurology;
(vi) obstetrics/gynecology;
(vii) pathology;
(viii) pediatrics; and
(ix) psychiatry.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the findings of
the review under paragraph (1).
(b) Annual Report on Graduate Medical Education Programs.--
(1) Annual report.--Not later than April 1, 2011, and
annually thereafter through 2015, the Secretary of Defense shall
submit to the congressional defense committees a report on the
status of the graduate medical education programs of the
Department of Defense.
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) An identification of each graduate medical
education program of the Department of Defense in effect
during the previous fiscal year, including for each such
program, the military department responsible, the
location, the medical specialty, the period of training
required, and the number of students by year.
[[Page 124 STAT. 4249]]
(B) The status of each program referred to in
subparagraph (A), including, for each such program, an
identification of the fiscal year in which the last
action was taken with respect to each of the following:
(i) Initial accreditation.
(ii) Continued accreditation.
(iii) If applicable, probation, and the
reasons for probationary status.
(iv) If applicable, withheld or withdrawn
accreditation, and the reasons for such action.
(C) A discussion of trends in the graduate medical
education programs of the Department.
(D) A discussion of challenges faced by such
programs, and a description and assessment of strategies
and plans to address such challenges.
(E) Such other matters as the Secretary considers
appropriate.
SEC. 715. HEALTH INFORMATION TECHNOLOGY.
(a) Enterprise Risk Assessment Methodology Study.--
(1) Study required.--The Secretary of Defense shall conduct
an enterprise risk assessment methodology study of all health
information technology programs of the Department of Defense.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the results
of the study required under paragraph (1).
(b) Report on Health Information Technology Organizational Structure
and Future Plans.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
organizational structure for health information technology
within the Department of Defense.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) Organizational charts for all organizations
involved with health information technology showing, at
a minimum, the senior positions in each office and each
activity.
(B) A description of the functions and
responsibilities, to include policy formulation, policy
and program execution, and program oversight, of each
senior position for health information technology.
(C) An assessment of how well the health information
systems of the Department of Defense interact with the
health information systems of--
(i) the Department of Veterans Affairs; and
(ii) entities other than the Federal
Government.
(D) A description of the role played by the
Interagency Program Office established by section 1635
of the Wounded Warrior Act (title XVI of Public Law 110-
181; 10 U.S.C. 1071 note) and whether the office is
satisfactorily performing the functions required by such
section, as well as recommendations for administrative
or legislative action as the Secretary considers
appropriate.
[[Page 124 STAT. 4250]]
(E) A complete description of all future plans for
legacy systems and new electronic health record
initiatives, including the joint virtual lifetime
electronic record.
(F) The results of the survey described in paragraph
(3).
(3) Survey.--The Secretary shall conduct a survey of users
of the health information technology systems of the Department
of Defense to assess the benefits and failings of such systems.
(4) Definitions.--In this subsection:
(A) The term ``senior position'' means a position
filled by a member of the senior executive service, a
position on the Executive Schedule established pursuant
to title 5, United States Code, or a position filled by
a general or flag officer.
(B) The term ``senior personnel'' means personnel
who are members of the senior executive service, who
fill a position listed on the Executive Schedule
established pursuant to title 5, United States Code, or
who are general or flag officers.
(c) Report on GAO Report Required.--Not later than March 31, 2011,
the Secretary of Defense shall submit to the congressional defense
committees a report on the report by the Comptroller General of the
United States titled ``Information Technology: Opportunities Exist to
Improve Management of DOD's Electronic Health Record Initiative'' (GAO-
11-50), including--
(1) the status of implementing the recommendations made in
such report; and
(2) for each such recommendation that has not been
implemented, the reason why the recommendation has not been
implemented.
SEC. 716. <<NOTE: 10 USC 1074g note.>> EDUCATION AND TRAINING ON
USE OF PHARMACEUTICALS IN REHABILITATION
PROGRAMS FOR WOUNDED WARRIORS.
(a) Education and Training Required.--The Secretary of Defense shall
develop and implement training, available through the Internet or other
means, on the use of pharmaceuticals in rehabilitation programs for
seriously ill or injured members of the Armed Forces.
(b) Recipients of Training.--The training developed and implemented
under subsection (a) shall be training for each category of individuals
as follows:
(1) Patients in or transitioning to a wounded warrior unit,
with special accommodation in such training for such patients
with cognitive disabilities.
(2) Nonmedical case managers.
(3) Military leaders.
(4) Family members.
(c) Elements of Training.--The training developed and implemented
under subsection (a) shall include the following:
(1) An overview of the fundamentals of safe prescription
drug use.
(2) Familiarization with the benefits and risks of using
pharmaceuticals in rehabilitation therapies.
(3) Examples of the use of pharmaceuticals for individuals
with multiple, complex injuries, including traumatic brain
injury and post-traumatic stress disorder.
[[Page 124 STAT. 4251]]
(4) Familiarization with means of finding additional
resources for information on pharmaceuticals.
(5) Familiarization with basic elements of pain and
pharmaceutical management.
(6) Familiarization with complementary and alternative
therapies.
(d) Tailoring of Training.--The training developed and implemented
under subsection (a) shall appropriately tailor the elements specified
in subsection (c) for and among each category of individuals set forth
in subsection (b).
(e) Review of Pharmacy.--
(1) Review.--The Secretary shall review all policies and
procedures of the Department of Defense regarding the use of
pharmaceuticals in rehabilitation programs for seriously ill or
injured members of the Armed Forces.
(2) <<NOTE: Deadline.>> Recommendations.--Not later than
September 20, 2011, the Secretary shall submit to the
congressional defense committees any recommendations for
administrative or legislative action with respect to the review
under paragraph (1) as the Secretary considers appropriate.
Subtitle C--Other Matters
SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARATIONS RESULTING
FROM REFUSAL TO PARTICIPATE IN ANTHRAX
VACCINE IMMUNIZATION PROGRAM.
Section 1178 of title 10, United States Code, is amended--
(1) by striking ``(a) Requirement To Establish System.--'';
and
(2) by striking subsection (b).
SEC. 722. <<NOTE: 10 USC 1074f note.>> COMPREHENSIVE POLICY ON
CONSISTENT NEUROLOGICAL COGNITIVE
ASSESSMENTS OF MEMBERS OF THE ARMED FORCES
BEFORE AND AFTER DEPLOYMENT.
(a) <<NOTE: Deadline.>> Comprehensive Policy Required.--Not later
than January 31, 2011, the Secretary of Defense shall develop and
implement a comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after deployment.
(b) Updates.--The Secretary shall revise the policy required by
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
SEC. 723. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY
OCCUPATION.
(a) Assessment.--The Secretaries of the military departments shall
each conduct an assessment of post-traumatic stress disorder incidence
by military occupation, including identification of military occupations
with a high incidence of such disorder.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretaries shall each submit to the congressional
defense committees a report on the assessment under subsection (a).
(c) Centers of Excellence.--The Secretary of Defense shall ensure
that all studies, findings, plans, and reports conducted or submitted
under this section are transmitted to the centers of excellence
established by sections 1621 and 1622 of the Wounded Warrior Act (title
XVI of Public Law 110-181).
[[Page 124 STAT. 4252]]
SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE
PROGRAM.
Not <<NOTE: Deadline. Regulations.>> later than June 20, 2011, the
Secretary of Defense shall prescribe the regulations required by section
717 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 1073 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition and
deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Cost estimates for program baselines and contract negotiations
for major defense acquisition and major automated information
system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the
Department of Defense to carry out certain prototype
projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program;
pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.
Subtitle D--Contractor Matters
Sec. 831. Oversight and accountability of contractors performing private
security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or
deny award fees to companies found to jeopardize the health
or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
[[Page 124 STAT. 4253]]
Sec. 842. Department of Defense policy on acquisition and performance of
sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not
under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.
Subtitle F--Improve Acquisition Act
Sec. 860. Short title.
Part I--Defense Acquisition System
Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.
Part II--Defense Acquisition Workforce
Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.
Part III--Financial Management
Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.
Part IV--Industrial Base
Sec. 891. Expansion of the industrial base.
Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.
Subtitle A--Acquisition Policy and Management
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.
(a) In General.--Section 2320 of title 10, United States Code, is
amended--
(1) in subsection (c)(2)--
(A) by striking ``subsection (a), allowing'' and
inserting ``subsection (a)--
``(A) allowing''; and
(B) by adding at the end the following new
subparagraph:
[[Page 124 STAT. 4254]]
``(B) allowing a covered litigation support
contractor access to and use of any technical,
proprietary, or confidential data delivered under a
contract for the sole purpose of providing litigation
support to the Government in the form of administrative,
technical, or professional services during or in
anticipation of litigation; or''; and
(2) by inserting after subsection (f) the following:
``(g) <<NOTE: Definition.>> 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) <<NOTE: 10 USC 2320 note.>> Effective Date.--The amendments
made by subsection (a) shall take effect on the date that is 120 days
after the date of the enactment of this Act.
SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND PROCUREMENT
PROGRAM AS MAJOR SUBPROGRAM.
(a) <<NOTE: Deadline.>> Designation as Major Subprogram.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of Defense shall designate an engine development and procurement program
as a major subprogram of the F-35 Lightning II aircraft major defense
acquisition program, in accordance with section 2430a of title 10,
United States Code.
(b) Original Baseline.--For purposes of reporting requirements
referred to in section 2430a(b) of title 10, United States Code, for the
major subprogram designated under subsection (a), the Secretary shall
use the Milestone B decision as the original baseline for the
subprogram.
(c) Actions Following Critical Cost Growth.--
(1) In general.--Subject to paragraph (2), to the extent
that the Secretary elects to restructure the Lightning II
aircraft major defense acquisition program subsequent to a
reassessment and actions required by subsections (a) and (c) of
section 2433a of title 10, United States Code, during fiscal
year 2010, and also conducts such reassessment and actions with
respect to an F-35 engine development and procurement program
(including related reporting based on the original baseline as
defined in subsection (c)), the requirements of section 2433a of
such title with respect to a major subprogram designated under
subsection (a) shall be considered to be met with respect to the
major subprogram.
(2) Limitation.--Actions taken in accordance with paragraph
(1) shall be considered to meet the requirements of section
2433a of title 10, United States Code, with respect
[[Page 124 STAT. 4255]]
to a major subprogram designated under subsection (a) only to
the extent that designation as a major subprogram would require
the Secretary of Defense to conduct a reassessment and take
actions pursuant to such section 2433a for such a subprogram
upon enactment of this Act. The requirements of such section
2433a shall not be considered to be met with respect to such a
subprogram in the event that additional programmatic changes,
following the date of the enactment of this Act, cause the
program acquisition unit cost or procurement unit cost of such a
subprogram to increase by a percentage equal to or greater than
the critical cost growth threshold (as defined in section
2433(a)(5) of such title) for the subprogram.
SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO
RESPOND TO COMBAT AND SAFETY EMERGENCIES
THROUGH RAPID ACQUISITION AND DEPLOYMENT
OF URGENTLY NEEDED SUPPLIES.
(a) Requirement To Establish Procedures.--Subsection (a) of section
806 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (10 U.S.C. 2302 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``items'' and inserting ``supplies''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1)(A) currently under development by the Department of
Defense or available from the commercial sector; or
``(B) require only minor modifications to supplies described
in subparagraph (A); and''.
(b) Issues To Be Addressed.--Subsection (b) of such section is
amended--
(1) in paragraph (1)(B), by striking ``items'' and inserting
``supplies''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``items'' and inserting ``supplies'';
(B) in subparagraphs (A) and (B), by striking ``an
item'' and inserting ``the supplies''; and
(C) in subparagraph (C), by inserting ``and
utilization'' after ``deployment''.
(c) Response to Combat Emergencies.--Subsection (c) of such section
is amended--
(1) by striking ``equipment'' each place it appears other
than paragraph (5) and inserting ``supplies'';
(2) by striking ``combat capability'' each place it appears;
(3) by striking ``that has resulted in combat fatalities''
each place it appears and inserting ``that has resulted in
combat casualties, or is likely to result in combat
casualties'';
(4) in paragraph (1), by striking ``is'' and inserting
``are'';
(5) in paragraph (2)--
(A) in subparagraph (A), by striking ``is'' each
place it appears and inserting ``are''; and
(B) in subparagraph (B), by striking ``fatalities''
at the end and inserting ``casualties'';
(6) by amending paragraph (3) to read as follows:
``(3) In any fiscal year in which the Secretary makes a
determination described in paragraph (1), the Secretary may use any
[[Page 124 STAT. 4256]]
funds available to the Department of Defense for that fiscal year for
acquisitions of supplies under this section if the determination
includes a written finding that the use of such funds is necessary to
address the combat capability deficiency in a timely manner. The
authority of this section may not be used to acquire supplies in an
amount aggregating more than $200,000,000 during any such fiscal
year.'';
(7) in paragraph (4)--
(A) by inserting ``, in consultation with the
Director of the Office of Management and Budget,'' after
``shall''; and
(B) by striking ``Each such notice'' and inserting
``For each such determination, the notice under the
preceding sentence''; and
(8) in paragraph (5), by striking ``that equipment'' and
inserting ``the supplies concerned''.
(d) Waiver of Certain Statues and Regulations.--Subsection (d)(1) of
such section <<NOTE: 10 USC 806.>> is amended by striking ``equipment''
in subparagraphs (A), (B), and (C) and inserting ``supplies''.
(e) Testing Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``an item'' and inserting ``the supplies''; and
(B) in subparagraph (B), by striking ``of the item''
and all that follows through ``requirements document''
and inserting ``of the supplies in meeting the original
requirements for the supplies (as stated in a statement
of the urgent operational need'';
(2) in paragraph (2)--
(A) by striking ``an item'' and inserting
``supplies''; and
(B) by striking ``the item'' and inserting ``the
supplies''; and
(3) in paragraph (3), by striking ``items'' each place it
appears and inserting ``supplies''.
(f) Limitation.--Subsection (f) of such section is amended to read
as follows:
``(f) Limitation.--In the case of supplies that are part of a major
system for which a low-rate initial production quantity determination
has been made pursuant to section 2400 of title 10, United States Code,
the quantity of such supplies acquired using the procedures prescribed
pursuant to this section may not exceed an amount consistent with
complying with limitations on the quantity of articles approved for low-
rate initial production for such system. Any such supplies shall be
included in any relevant calculation of quantities for low-rate initial
production for the system concerned.''.
SEC. 804. <<NOTE: 10 USC 2302 note.>> REVIEW OF ACQUISITION
PROCESS FOR RAPID FIELDING OF CAPABILITIES
IN RESPONSE TO URGENT OPERATIONAL NEEDS.
(a) Review of Rapid Acquisition Process Required.--
(1) <<NOTE: Deadline. Reports.>> In general.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall complete a review of the process for
the fielding of capabilities in response to urgent operational
needs and submit a report on the review to the congressional
defense committees.
[[Page 124 STAT. 4257]]
(2) Review and report requirements.--The review pursuant to
this section shall include consideration of various improvements
to the acquisition process for rapid fielding of capabilities in
response to urgent operational needs. For each improvement, the
report on the review shall discuss--
(A) the Department's review of the improvement;
(B) if the improvement is being implemented by the
Department, a schedule for implementing the improvement;
and
(C) if the improvement is not being implemented by
the Department, an explanation of why the improvement is
not being implemented.
(3) Improvements to be considered.--The improvements that
shall be considered during the review are the following:
(A) Providing a streamlined, expedited, and tightly
integrated iterative approach to--
(i) the identification and validation of
urgent operational needs;
(ii) the analysis of alternatives and
identification of preferred solutions;
(iii) the development and approval of
appropriate requirements and acquisition
documents;
(iv) the identification and minimization of
development, integration, and manufacturing risks;
(v) the consideration of operation and
sustainment costs;
(vi) the allocation of appropriate funding;
and
(vii) the rapid production and delivery of
required capabilities.
(B) Clearly defining the roles and responsibilities
of the Office of the Secretary of Defense, the Joint
Chiefs of Staff, the military departments, and other
components of the Department of Defense for carrying out
all phases of the process.
(C) Designating a senior official within the Office
of the Secretary of Defense with primary responsibility
for making recommendations to the Secretary on the use
of the authority provided by subsections (c) and (d) of
section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note), as amended by section 803 of this Act, in
appropriate circumstances.
(D) Establishing a target date for the fielding of a
capability pursuant to each validated urgent operational
need.
(E) Implementing a system for--
(i) documenting key process milestones, such
as funding, acquisition, fielding, and assessment
decisions and actions; and
(ii) tracking the cost, schedule, and
performance of acquisitions conducted pursuant to
the process.
(F) Establishing a formal feedback mechanism for the
commanders of the combatant commands to provide
information to the Joint Chiefs of Staff and senior
acquisition officials on how well fielded solutions are
meeting urgent operational needs.
[[Page 124 STAT. 4258]]
(G) Establishing a dedicated source of funding for
the rapid fielding of capabilities in response to urgent
operational needs.
(H) Issuing guidance to provide for the appropriate
transition of capabilities acquired through rapid
fielding into the traditional budget, requirements, and
acquisition process for purposes of contracts for
follow-on production, sustainment, and logistics
support.
(I) Such other improvements as the Secretary
considers appropriate.
(b) Discriminating Urgent Operational Needs From Traditional
Requirements.--
(1) <<NOTE: Deadline.>> Expedited review process.--Not
later than 270 days after the date of the enactment of this Act,
the Secretary shall develop and implement an expedited review
process to determine whether capabilities proposed as urgent
operational needs are appropriate for fielding through the
process for the rapid fielding of capabilities or should be
fielded through the traditional acquisition process.
(2) Elements.--The review process developed and implemented
pursuant to paragraph (1) shall--
(A) <<NOTE: Applicability.>> apply to the rapid
fielding of capabilities in response to joint urgent
operational need statements and to other urgent
operational needs statements generated by the military
departments and the combatant commands;
(B) identify officials responsible for making
determinations described in paragraph (1);
(C) establish appropriate time periods for making
such determinations;
(D) set forth standards and criteria for making such
determinations based on considerations of urgency, risk,
and life-cycle management;
(E) establish appropriate thresholds for the
applicability of the review process, or of elements of
the review process; and
(F) authorize appropriate officials to make
exceptions from standards and criteria established under
subparagraph (D) in exceptional circumstances.
(3) Covered capabilities.--The review process developed and
implemented pursuant to paragraph (1) shall provide that,
subject to such exceptions as the Secretary considers
appropriate for purposes of this section, the acquisition
process for rapid fielding of capabilities in response to urgent
operational needs is appropriate only for capabilities that--
(A) can be fielded within a period of two to 24
months;
(B) do not require substantial development effort;
(C) are based on technologies that are proven and
available; and
(D) can appropriately be acquired under fixed price
contracts.
(4) Inclusion in report.--The Secretary shall include a
description of the expedited review process implemented pursuant
to paragraph (1) in the report required by subsection (a).
[[Page 124 STAT. 4259]]
SEC. 805. ACQUISITION OF MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.
(a) Program To Improve Information Technology Processes.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the following
new section:
``Sec. 2223a. Information technology acquisition planning and
oversight requirements
``(a) Establishment of Program.--The Secretary of Defense shall
establish a program to improve the planning and oversight processes for
the acquisition of major automated information systems by the Department
of Defense.
``(b) Program Components.--The program established under subsection
(a) shall include--
``(1) a documented process for information technology
acquisition planning, requirements development and management,
project management and oversight, earned value management, and
risk management;
``(2) the development of appropriate metrics that can be
implemented and monitored on a real-time basis for performance
measurement of--
``(A) processes and development status of
investments in major automated information system
programs;
``(B) continuous process improvement of such
programs; and
``(C) achievement of program and investment
outcomes;
``(3) a process to ensure that key program personnel have an
appropriate level of experience, training, and education in the
planning, acquisition, execution, management, and oversight of
information technology systems;
``(4) a process to ensure sufficient resources and
infrastructure capacity for test and evaluation of information
technology systems;
``(5) a process to ensure that military departments and
Defense Agencies adhere to established processes and
requirements relating to the planning, acquisition, execution,
management, and oversight of information technology programs and
developments; and
``(6) a process under which an appropriate Department of
Defense official may intervene or terminate the funding of an
information technology investment if the investment is at risk
of not achieving major project milestones.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by inserting
after the item relating to section 2223 the following new item:
``2223a. Information technology acquisition planning and oversight
requirements.''.
(b) Annual Report to Congress.--Section 2445b(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraphs:
``(5) For each major automated information system program
for which such information has not been provided in a previous
annual report--
[[Page 124 STAT. 4260]]
``(A) a description of the business case analysis
(if any) that has been prepared for the program and key
functional requirements for the program;
``(B) a description of the analysis of alternatives
conducted with regard to the program;
``(C) an assessment of the extent to which the
program, or portions of the program, have technical
requirements of sufficient clarity that the program, or
portions of the program, may be feasibly procured under
firm, fixed-price contracts;
``(D) the most recent independent cost estimate or
cost analysis for the program provided by the Director
of Cost Assessment and Program Evaluation in accordance
with section 2334(a)(6) of this title;
``(E) a certification by a Department of Defense
acquisition official with responsibility for the program
that all technical and business requirements have been
reviewed and validated to ensure alignment with the
business case; and
``(F) an explanation of the basis for the
certification described in subparagraph (E).
``(6) For each major automated information system program
for which the information required under paragraph (5) has been
provided in a previous annual report, a summary of any
significant changes to the information previously provided.''.
SEC. 806. <<NOTE: 10 USC 2304 note.>> REQUIREMENTS FOR
INFORMATION RELATING TO SUPPLY CHAIN RISK.
(a) Authority.--Subject to subsection (b), the head of a covered
agency may--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to the
basis for carrying out a covered procurement action.
(b) Determination and Notification.--The head of a covered agency
may exercise the authority provided in subsection (a) only after--
(1) obtaining a joint recommendation by the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense, on the
basis of a risk assessment by the Under Secretary of Defense for
Intelligence, that there is a significant supply chain risk to a
covered system;
(2) making a determination in writing, in unclassified or
classified form, with the concurrence of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, that--
(A) use of the authority in subsection (a)(1) is
necessary to protect national security by reducing
supply chain risk;
(B) less intrusive measures are not reasonably
available to reduce such supply chain risk; and
(C) in a case where the head of the covered agency
plans to limit disclosure of information under
subsection (a)(2), the risk to national security due to
the disclosure of such information outweighs the risk
due to not disclosing such information; and
[[Page 124 STAT. 4261]]
(3) providing a classified or unclassified notice of the
determination made under paragraph (2) to the appropriate
congressional committees, which notice shall include--
(A) the information required by section 2304(f)(3)
of title 10, United States Code;
(B) the joint recommendation by the Under Secretary
of Defense for Acquisition, Technology, and Logistics
and the Chief Information Officer of the Department of
Defense as specified in paragraph (1);
(C) a summary of the risk assessment by the Under
Secretary of Defense for Intelligence that serves as the
basis for the joint recommendation specified in
paragraph (1); and
(D) a summary of the basis for the determination,
including a discussion of less intrusive measures that
were considered and why they were not reasonably
available to reduce supply chain risk.
(c) Delegation.--The head of a covered agency may not delegate the
authority provided in subsection (a) or the responsibility to make a
determination under subsection (b) to an official below the level of the
service acquisition executive for the agency concerned.
(d) Limitation on Disclosure.--If the head of a covered agency has
exercised the authority provided in subsection (a)(2) to limit
disclosure of information--
(1) no action undertaken by the agency head under such
authority shall be subject to review in a bid protest before the
Government Accountability Office or in any Federal court; and
(2) <<NOTE: Notification.>> the agency head shall--
(A) notify appropriate parties of a covered
procurement action and the basis for such action only to
the extent necessary to effectuate the covered
procurement action;
(B) notify other Department of Defense components or
other Federal agencies responsible for procurements that
may be subject to the same or similar supply chain risk,
in a manner and to the extent consistent with the
requirements of national security; and
(C) ensure the confidentiality of any such
notifications.
(e) Definitions.--In this section:
(1) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(2) Covered procurement action.--The term ``covered
procurement action'' means any of the following actions, if the
action takes place in the course of conducting a covered
procurement:
(A) The exclusion of a source that fails to meet
qualification standards established in accordance with
the requirements of section 2319 of title 10, United
States Code, for the purpose of reducing supply chain
risk in the acquisition of covered systems.
(B) The exclusion of a source that fails to achieve
an acceptable rating with regard to an evaluation factor
[[Page 124 STAT. 4262]]
providing for the consideration of supply chain risk in
the evaluation of proposals for the award of a contract
or the issuance of a task or delivery order.
(C) The decision to withhold consent for a
contractor to subcontract with a particular source or to
direct a contractor for a covered system to exclude a
particular source from consideration for a subcontract
under the contract.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a
covered item of supply involving either a performance
specification, as provided in section 2305(a)(1)(C)(ii)
of title 10, United States Code, or an evaluation
factor, as provided in section 2305(a)(2)(A) of such
title, relating to supply chain risk;
(B) the consideration of proposals for and issuance
of a task or delivery order for a covered system or a
covered item of supply, as provided in section
2304c(d)(3) of title 10, United States Code, where the
task or delivery order contract concerned includes a
contract clause establishing a requirement relating to
supply chain risk; or
(C) any contract action involving a contract for a
covered system or a covered item of supply where such
contract includes a clause establishing requirements
relating to supply chain risk.
(4) Supply chain risk.--The term ``supply chain risk'' means
the risk that an adversary may sabotage, maliciously introduce
unwanted function, or otherwise subvert the design, integrity,
manufacturing, production, distribution, installation,
operation, or maintenance of a covered system so as to surveil,
deny, disrupt, or otherwise degrade the function, use, or
operation of such system.
(5) Covered system.--The term ``covered system'' means a
national security system, as that term is defined in section
3542(b) of title 44, United States Code.
(6) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that term
is defined in section 11101 of title 40, United States Code)
that is purchased for inclusion in a covered system, and the
loss of integrity of which could result in a supply chain risk
for a covered system.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the case of a covered system included in the
National Intelligence Program or the Military
Intelligence Program, the Select Committee on
Intelligence of the Senate, the Permanent Select
Committee on Intelligence of the House of
Representatives, and the congressional defense
committees; and
(B) in the case of a covered system not otherwise
included in subparagraph (A), the congressional defense
committees.
(f) <<NOTE: Applicability.>> Effective Date.--The requirements of
this section shall take effect on the date that is 180 days after the
date of the enactment of this Act and shall apply to--
(1) contracts that are awarded on or after such date; and
[[Page 124 STAT. 4263]]
(2) task and delivery orders that are issued on or after
such date pursuant to contracts that awarded before, on, or
after such date.
(g) Sunset.--The authority provided in this section shall expire on
the date that is three years after the date of the enactment of this
Act.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT
NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION
AND MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.
Section 2334 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``paragraph (2)'' and
inserting ``paragraph (3)''; and
(ii) by striking ``, the rationale for
selecting such confidence level, and, if such
confidence level is less than 80 percent, the
justification for selecting a confidence level of
less than 80 percent; and'' and inserting ``and
the rationale for selecting such confidence
level;'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) ensure that such confidence level provides a high
degree of confidence that the program can be completed without
the need for significant adjustment to program budgets; and'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Estimates for Program Baseline and Analyses and Targets for
Contract Negotiation Purposes.--(1) The policies, procedures, and
guidance issued by the Director of Cost Assessment and Program
Evaluation in accordance with the requirements of subsection (a) shall
provide that--
``(A) cost estimates developed for baseline descriptions and
other program purposes conducted pursuant to subsection (a)(6)
are not to be used for the purpose of contract negotiations or
the obligation of funds; and
``(B) cost analyses and targets developed for the purpose of
contract negotiations and the obligation of funds are based on
the Government's reasonable expectation of successful contractor
performance in accordance with the contractor's proposal and
previous experience.
``(2) The Program Manager and contracting officer for each major
defense acquisition program and major automated information system
program shall ensure that cost analyses and targets developed for the
purpose of contract negotiations and the obligation of funds are carried
out in accordance with the requirements of paragraph (1) and the
policies, procedures, and guidance issued by the Director of Cost
Assessment and Program Evaluation.
[[Page 124 STAT. 4264]]
``(3) Funds that are made available for a major defense acquisition
program or major automated information system program in accordance with
a cost estimate conducted pursuant to subsection (a)(6), but are excess
to a cost analysis or target developed pursuant to paragraph (2), shall
remain available for obligation in accordance with the terms of
applicable authorization and appropriations Acts.
``(4) Funds described in paragraph (3)--
``(A) may be used--
``(i) to cover any increased program costs
identified by a revised cost analysis or target
developed pursuant to paragraph (2);
``(ii) to acquire additional end items in accordance
with the requirements of section 2308 of this title; or
``(iii) to cover the cost of risk reduction and
process improvements; and
``(B) may be reprogrammed, in accordance with established
procedures, only if determined to be excess to program needs on
the basis of a cost estimate developed with the concurrence of
the Director of Cost Assessment and Program Evaluation.''.
SEC. 812. <<NOTE: 10 USC 2430 note.>> MANAGEMENT OF MANUFACTURING
RISK IN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) <<NOTE: Deadline.>> Guidance Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall issue comprehensive guidance on the management of manufacturing
risk in major defense acquisition programs.
(b) Elements.--The guidance issued under subsection (a) shall, at a
minimum--
(1) require the use of manufacturing readiness levels as a
basis for measuring, assessing, reporting, and communicating
manufacturing readiness and risk on major defense acquisition
programs throughout the Department of Defense;
(2) provide guidance on the definition of manufacturing
readiness levels and how manufacturing readiness levels should
be used to assess manufacturing risk and readiness in major
defense acquisition programs;
(3) specify manufacturing readiness levels that should be
achieved at key milestones and decision points for major defense
acquisition programs;
(4) identify tools and models that may be used to assess,
manage, and reduce risks that are identified in the course of
manufacturing readiness assessments for major defense
acquisition programs; and
(5) require appropriate consideration of the manufacturing
readiness and manufacturing readiness processes of potential
contractors and subcontractors as a part of the source selection
process for major defense acquisition programs.
(c) Manufacturing Readiness Expertise.--The Secretary shall ensure
that--
(1) the acquisition workforce chapter of the annual
strategic workforce plan required by section 115b of title 10,
United States Code, includes an assessment of the critical
manufacturing readiness knowledge and skills needed in the
acquisition workforce and a plan of action for addressing any
gaps in such knowledge and skills; and
[[Page 124 STAT. 4265]]
(2) the need of the Department for manufacturing readiness
knowledge and skills is given appropriate consideration,
comparable to the consideration given to other program
management functions, as the Department identifies areas of need
for funding through the Defense Acquisition Workforce
Development Fund established in accordance with the requirements
of section 1705 of title 10, United States Code.
(d) Major Defense Acquisition Program Defined.--In this section, the
term ``major defense acquisition program'' has the meaning given that
term in section 2430(a) of title 10, United States Code.
SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE WEAPON
SYSTEM ACQUISITION REFORM ACT OF 2009.
(a) Extension of Reporting Requirements.--Section 102(b) of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1714; 10 U.S.C. 2430 note) is amended--
(1) in paragraph (2), by inserting ``, and not later than
February 15 of each year from 2011 through 2014'' after ``Not
later than 180 days after the date of the enactment of this
Act''; and
(2) in paragraph (3), by striking ``The first annual
report'' and inserting ``Each annual report from 2010 through
2014''.
(b) Clarification That Prototypes May Be Acquired From Commercial,
Government, or Academic Sources.--Paragraph (4) of section 203(a) of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:
``(4) That prototypes--
``(A) may be required under paragraph (1) or (3) for
the system to be acquired or, if prototyping of the
system is not feasible, for critical subsystems of the
system; and
``(B) may be acquired from commercial, government,
or academic sources.''.
(c) Clarification That Certifications Are Not Required for Major
Defense Acquisition Programs Following Milestone C Approval.--Section
204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123
Stat. 1724) <<NOTE: 10 USC 2366a note.>> is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) has not yet achieved a Milestone C
approval.''.
(d) Clarification That Certain Milestone B Certification Criteria
May Be Waived.--
(1) <<NOTE: Effective date. 10 USC 2366b note.>> Waiver
authority.--Effective as of May 22, 2009, section 2366b(d) of
title 10, United States Code, as amended by section 205(a)(1) of
the Weapon Systems Acquisition Reform Act of 2009 (123 Stat.
1724), is amended--
(A) in paragraph (1), by striking ``specified in
paragraph (1) or (2) of subsection (a)'' and inserting
``specified in paragraph (1), (2), or (3) of subsection
(a)''; and
(B) in paragraph (2), by striking ``specified in
paragraphs (1) and (2) of subsection (a)'' and inserting
``specified in paragraphs (1), (2), and (3) of
subsection (a)''.
[[Page 124 STAT. 4266]]
(2) Determination regarding satisfaction of certification
components.--Effective as of <<NOTE: Effective date.>> May 22,
2009, and as if included therein as enacted, section 205(b)(1)
of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C.
2366b note) is amended by striking ``certification components
specified in paragraphs (1) and (2) of subsection (a) of section
2366b of title 10, United States Code'' and inserting
``certification components specified in paragraphs (1), (2), and
(3) of subsection (a) of section 2366b of title 10, United
States Code''.
(e) <<NOTE: Effective date.>> Correction to Reference.--Effective
as of May 22, 2009, and as if included therein as enacted, section
205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C.
2433a note) is amended by striking ``section 2433a(c)(3)'' and inserting
``section 2433a(c)(1)(C)''.
SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE
ACQUISITION PROGRAMS UNDER VARIOUS
ACQUISITION-RELATED REQUIREMENTS.
(a) Reporting Requirements.--Section 2430a(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting ``(1)'' before ``If the Secretary'';
(3) in subparagraph (A), as so redesignated, by inserting
``(other than as provided in paragraph (2))'' before the
semicolon; and
(4) by adding at the end the following new paragraph:
``(2) For a major defense acquisition program for which a
designation of a major subprogram has been made under subsection (a),
unit costs under this chapter shall be submitted in accordance with the
definitions in subsection (d).''.
(b) Milestone A Approval Certification Requirements.--Section 2366a
of such title is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``a major defense
acquisition program certified by the Milestone Decision
Authority under subsection (a), if the projected cost of
the program'' and inserting ``a major defense
acquisition program certified by the Milestone Decision
Authority under subsection (a) or a designated major
subprogram of such program, if the projected cost of the
program or subprogram''; and
(B) in paragraph (2), by inserting ``or designated
major subprogram'' after ``major defense acquisition
program''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) <<NOTE: Definition.>> The term `designated major
subprogram' means a major subprogram of a major defense
acquisition program designated under section 2430a(a)(1) of this
title.''.
(c) Milestone B Approval Certification Requirements.--Section 2366b
of such title is amended--
(1) in subsection (b)(1)--
[[Page 124 STAT. 4267]]
(A) by striking ``any changes to the program'' and
inserting ``any changes to the program or a designated
major subprogram of such program''; and
(B) in subparagraph (B), by striking ``otherwise
cause the program'' and inserting ``otherwise cause the
program or subprogram''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) <<NOTE: Definition.>> The term `designated major
subprogram' means a major subprogram of a major defense
acquisition program designated under section 2430a(a)(1) of this
title.''.
(d) Conforming Amendments to Section 2399.--Subsection (a) of
section 2399 of such title <<NOTE: 10 USC 2399.>> 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) <<NOTE: Definitions.>> In this subsection:
``(A) The term `covered major defense acquisition program'
means a major defense acquisition program that involves the
acquisition of a weapon system that is a major system within the
meaning of that term in section 2302(5) of this title.
``(B) The term `covered designated major subprogram' means a
major subprogram designated under section 2430a(a)(1) of this
title that is a major subprogram of a covered major defense
acquisition program.''.
(e) Conforming Amendments to Section 2434.--Section 2434(a) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) <<NOTE: Applicability.>> The provisions of this section shall
apply to any major subprogram of a major defense acquisition program (as
designated under section 2430a(a)(1) of this title) in the same manner
as those provisions apply to a major defense acquisition program, and
any reference in this section to a program shall be treated as including
such a subprogram.''.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR
PRODUCTION OF MILITARY UNIFORMS.
(a) Extension.--Section 829 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C.
2533a note) is amended in subsection (f) by striking ``on the date that
is five years after the date of the enactment of this Act'' and
inserting ``on January 1, 2015''.
[[Page 124 STAT. 4268]]
(b) Prohibition on Specification in Solicitations.--No solicitation
issued before January 1, 2015, by the Department of Defense may include
a requirement that proposals submitted pursuant to such solicitation
must include the use of fire resistant rayon fiber.
(c) Report Required.--
(1) In general.--Not later than March 15, 2011, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the supply chain for fire resistant
fiber for the production of military uniforms.
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, an analysis of the following:
(A) The current and anticipated sources of fire
resistant rayon fiber for the production of military
uniforms.
(B) The extent to which fire resistant rayon fiber
has unique properties that provide advantages for the
production of military uniforms.
(C) The extent to which the efficient procurement of
fire resistant rayon fiber for the production of
military uniforms is impeded by existing statutory or
regulatory requirements.
(D) The actions the Department of Defense has taken
to identify alternatives to fire resistant rayon fiber
for the production of military uniforms.
(E) The extent to which such alternatives provide an
adequate substitute for fire resistant rayon fiber for
the production of military uniforms.
(F) The impediments to the use of such alternatives,
and the actions the Department has taken to overcome
such impediments.
(G) The extent to which uncertainty regarding the
future availability of fire resistant rayon fiber
results in instability or inefficiency for elements of
the United States textile industry that use fire
resistant rayon fiber, and the extent to which that
instability or inefficiency results in less efficient
business practices, impedes investment and innovation,
and thereby results or may result in higher costs,
delayed delivery, or a lower quality of product
delivered to the Government.
(H) The extent to which any modifications to
existing law or regulation may be necessary to ensure
the efficient acquisition of fire resistant fiber or
alternative fire resistant products for the production
of military uniforms.
SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PROCUREMENTS FROM
FIRMS IN THE SMALL ARMS PRODUCTION
INDUSTRIAL BASE.
(a) Repeal.--Section 2473 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by striking the item relating to
section 2473.
[[Page 124 STAT. 4269]]
SEC. 823. <<NOTE: 10 USC 2533b note.>> REVIEW OF REGULATORY
DEFINITION RELATING TO PRODUCTION OF
SPECIALTY METALS.
(a) Review Required.--The Secretary of Defense shall review the
regulations specified in subsection (b) to ensure that the definition of
the term ``produce'' in such regulations complies with the requirements
of section 2533b of title 10, United States Code. In carrying
out <<NOTE: Public comment.>> the review, the Secretary shall seek
public comment, consider congressional intent, and revise the
regulations as the Secretary considers necessary and appropriate.
(b) Regulations Specified.--The regulations referred to in
subsection (a) are any portion of subpart 252.2 of the defense
supplement to the Federal Acquisition Regulation that includes a
definition of the term ``produce'' for purposes of implementing section
2533b of title 10, United States Code.
(c) <<NOTE: Deadline.>> Completion of Review.--The Secretary shall
complete the review required by subsection (a) and any necessary and
appropriate revisions to the defense supplement to the Federal
Acquisition Regulation not later than 270 days after the date of the
enactment of this Act.
SEC. 824. <<NOTE: 10 USC 2320 note.>> GUIDANCE RELATING TO RIGHTS
IN TECHNICAL DATA.
(a) Review of Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall review
guidance issued by the military departments on the implementation of
section 2320(e) of title 10, United States Code, to ensure that such
guidance is consistent with the guidance issued by the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
requirements of this section. Such guidance shall be designed to ensure
that the United States--
(1) preserves the option of competition for contracts for
the production and sustainment of systems or subsystems that are
developed exclusively with Federal funds as defined in
accordance with the amendments made by this section; and
(2) is not required to pay more than once for the same
technical data.
(b) Rights in Technical Data.--Section 2320(a) of title 10, United
States Code, is amended--
(1) in paragraph (2)(F)(i)--
(A) by redesignating subclauses (I) and (II) as
subclauses (II) and (III), respectively; and
(B) by inserting before subclause (II), as so
redesignated, the following new subclause (I):
``(I) rights in technical data described in
subparagraph (A) for which a use or release
restriction has been erroneously asserted by a
contractor or subcontractor;''; and
(2) in paragraph (3), by striking ``for the purposes of
definitions under this paragraph'' and inserting ``for the
purposes of paragraph (2)(B), but shall be considered to be
Federal funds for the purposes of paragraph (2)(A)''.
(c) Validation of Proprietary Data Restrictions.--Section 2321(d)(2)
of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``A challenge'' and
inserting ``Except as provided in subparagraph (C), a
challenge''; and
(2) by adding at the end the following new subparagraph (C):
[[Page 124 STAT. 4270]]
``(C) The limitation in this paragraph shall not apply to a case in
which the Secretary finds that reasonable grounds exist to believe that
a contractor or subcontractor has erroneously asserted a use or release
restriction with regard to technical data described in section
2320(a)(2)(A) of this title.''.
SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK
AND DELIVERY ORDER CONTRACTS.
Paragraph (3) of section 2304c(e) of title 10, United States Code,
is amended to read as follows:
``(3) Paragraph (1)(B) and paragraph (2) of this subsection shall
not be in effect after September 30, 2016.''.
SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY
OF THE DEPARTMENT OF DEFENSE TO CARRY OUT
CERTAIN PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``(including
all options)'' after ``not in excess of $100,000,000'';
and
(B) in subparagraph (B), by inserting ``(including
all options)'' after ``in excess of $100,000,000''; and
(2) in subsection (e)(3)(A), by inserting ``(including all
options)'' after ``does not exceed $50,000,000''.
SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM; PILOT EXPANSION OF PROGRAM.
(a) Permanent Authority.--Section 2359b of title 10, United States
Code, is amended--
(1) by striking subsections (j) and (k); and
(2) by redesignating subsection (l) as subsection (j).
(b) Pilot Program.--Section 2359b of title 10, United States Code,
as amended by subsection (a), is further amended by adding at the end
the following new subsection (k):
``(k) Pilot Program for Programs Other Than Major Defense
Acquisition Programs.--
``(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall carry out a pilot
program to expand the use of the authority provided in this
section to provide opportunities for the introduction of
innovative and cost-saving approaches to programs other than
major defense acquisition programs through the submission,
review, and implementation, where appropriate, of qualifying
proposals.
``(2) Qualifying proposals.--For purposes of this
subsection, a qualifying proposal is an offer to supply a
nondevelopmental item that--
``(A) is evaluated as achieving a level of
performance that is at least equal to the level of
performance of an item being procured under a covered
acquisition program and as providing savings in excess
of 15 percent after considering all costs to the
Government of implementing such proposal; or
``(B) is evaluated as achieving a level of
performance that is significantly better than the level
of performance of an item being procured under a covered
acquisition program without any increase in cost to the
Government.
[[Page 124 STAT. 4271]]
``(3) Review procedures.--The Under Secretary shall adopt
modifications as may be needed to the procedures applicable to
the Challenge Program to provide for Department of Defense
review of, and action on, qualifying proposals. Such procedures
shall include, at a minimum, the issuance of a broad agency
announcement inviting interested parties to submit qualifying
proposals in areas of interest to the Department.
``(4) Definitions.--In this subsection:
``(A) Nondevelopmental item.--The term
`nondevelopmental item' has the meaning given that term
in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(B) Covered acquisition program.--The term
`covered acquisition program' means any acquisition
program of the Department of Defense other than a major
defense acquisition program, but does not include any
contract awarded under an exception to competitive
acquisition authorized by the Small Business Act (15
U.S.C. 631 et seq.)
``(C) Level of performance.--The term `level of
performance', with respect to a nondevelopmental item,
means the extent to which the item demonstrates required
item functional characteristics.
``(5) Sunset.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is five
years after the date of the enactment of this Act.''.
SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Competition Requirements for Task or Delivery Orders Under
Energy Savings Performance Contracts.--Section 801 of the National
Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at
the end the following:
``(c) Task or Delivery Orders.--(1) The head of a Federal agency may
issue a task or delivery order under an energy savings performance
contract by--
``(A) notifying all contractors that have received an award
under such contract that the agency proposes to discuss energy
savings performance services for some or all of its facilities
and, following a reasonable period of time to provide a proposal
in response to the notice, soliciting from such contractors the
submission of expressions of interest in, and contractor
qualifications for, performing site surveys or investigations
and feasibility designs and studies, and including in the notice
summary information concerning energy use for any facilities
that the agency has specific interest in including in such task
or delivery order;
``(B) reviewing all expressions of interest and
qualifications submitted pursuant to the notice under
subparagraph (A);
``(C) selecting two or more contractors (from among those
reviewed under subparagraph (B)) to conduct discussions
concerning the contractors' respective qualifications to
implement potential energy conservation measures, including--
``(i) requesting references and specific detailed
examples with respect to similar efforts and the
resulting energy savings of such similar efforts; and
[[Page 124 STAT. 4272]]
``(ii) requesting an explanation of how such similar
efforts relate to the scope and content of the task or
delivery order concerned;
``(D) selecting and authorizing--
``(i) more than one contractor (from among those
selected under subparagraph (C)) to conduct site
surveys, investigations, feasibility designs and
studies, or similar assessments for the energy savings
performance contract services (or for discrete portions
of such services), for the purpose of allowing each such
contractor to submit a firm, fixed-price proposal to
implement specific energy conservation measures; or
``(ii) one contractor (from among those selected
under subparagraph (C)) to conduct a site survey,
investigation, feasibility design and study, or similar
assessment for the purpose of allowing the contractor to
submit a firm, fixed-price proposal to implement
specific energy conservation measures;
``(E) providing a debriefing to any contractor not selected
under subparagraph (D);
``(F) negotiating a task or delivery order for energy
savings performance contracting services with the contractor or
contractors selected under subparagraph (D) based on the energy
conservation measures identified; and
``(G) issuing a task or delivery order for energy savings
performance contracting services to such contractor or
contractors.
``(2) The issuance of a task or delivery order for energy savings
performance contracting services pursuant to paragraph (1) is deemed to
satisfy the task and delivery order competition requirements in section
2304c(d) of title 10, United States Code, and section 303J(d) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253j(d)).
``(3) The Secretary may issue guidance as necessary to agencies
issuing task or delivery orders pursuant to paragraph (1).''.
(b) <<NOTE: 42 USC 8287 note.>> Effective Date.--The amendment made
by subsection (a) is inapplicable to task or delivery orders issued
before the date of enactment of this Act.
SEC. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.
(a) Definitions.--Section 187 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `materials critical to national security'
means materials--
``(A) upon which the production or sustainment of
military equipment is dependent; and
``(B) the supply of which could be restricted by
actions or events outside the control of the Government
of the United States.
``(2) The term `military equipment' means equipment used
directly by the armed forces to carry out military operations.
``(3) The term `secure supply', with respect to a material,
means the availability of a source or sources for the material,
including the full supply chain for the material and components
containing the material.''.
[[Page 124 STAT. 4273]]
(b) Amendment Relating to Duties.--Subsection (b) of section 187 of
such title <<NOTE: 10 USC 187.>> is amended to read as follows:
``(b) Duties.--In addition to other matters assigned to it by the
Secretary of Defense, the Board shall--
``(1) <<NOTE: Determination.>> determine the need to
provide a long term secure supply of materials designated as
critical to national security to ensure that national defense
needs are met;
``(2) analyze the risk associated with each material
designated as critical to national security and the effect on
national defense that the nonavailability of such material would
have;
``(3) <<NOTE: Strategy.>> recommend a strategy to the
President to ensure a secure supply of materials designated as
critical to national security;
``(4) <<NOTE: Strategies.>> recommend such other strategies
to the President as the Board considers appropriate to
strengthen the industrial base with respect to materials
critical to national security; and
``(5) <<NOTE: Deadline. Federal Register,
publication. Recommenda- tions.>> publish not less frequently
than once every two years in the Federal Register
recommendations regarding materials critical to national
security, including a list of specialty metals, if any,
recommended for addition to, or removal from, the definition of
`specialty metal' for purposes of section 2533b of this
title.''.
Subtitle D--Contractor Matters
SEC. 831. OVERSIGHT AND ACCOUNTABILITY OF CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS IN AREAS OF
COMBAT OPERATIONS.
(a) Enhancement of Oversight and Accountability.--Section 862 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2302 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``comply with
regulations'' and inserting ``ensure that the contractor
and all employees of the contractor or any subcontractor
who are responsible for performing private security
functions under such contract comply with regulations'';
(B) in subparagraph (B)--
(i) by striking ``comply with'' and all that
follows through ``in accordance with'' and
inserting ``ensure that the contractor and all
employees of the contractor or any subcontractor
who are responsible for performing private
security functions under such contract comply
with''; and
(ii) by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(D) ensure that the contract clause is included in
subcontracts awarded to any subcontractor at any tier
who is responsible for performing private security
functions under the contract.'';
(2) by redesignating subsections (c) and (d) as subsections
(f) and (g), respectively; and
[[Page 124 STAT. 4274]]
(3) by inserting after subsection (b) the following new
subsections:
``(c) Oversight.--It shall be the responsibility of the head of the
contracting activity responsible for each covered contract to ensure
that the contracting activity takes appropriate steps to assign
sufficient oversight personnel to the contract to--
``(1) ensure that the contractor responsible for performing
private security functions under such contract comply with the
regulatory requirements prescribed pursuant to subsection (a)
and the contract requirements established pursuant to subsection
(b); and
``(2) make the determinations required by subsection (d).
``(d) Remedies.--The failure of a contractor under a covered
contract to comply with the requirements of the regulations prescribed
under subsection (a) or the contract clause inserted in a covered
contract pursuant to subsection (b), as determined by the contracting
officer for the covered contract--
``(1) shall be included in appropriate databases of past
performance and considered in any responsibility determination
or evaluation of the past performance of the contractor for the
purpose of a contract award decision, as provided in section
6(j) of the Office of Federal Procurement Policy Act (41 U.S.C.
405(j));
``(2) in the case of an award fee contract--
``(A) shall be considered in any evaluation of
contract performance by the contractor for the relevant
award fee period; and
``(B) may be a basis for reducing or denying award
fees for such period, or for recovering all or part of
award fees previously paid for such period; and
``(3) in the case of a failure to comply that is severe,
prolonged, or repeated--
``(A) shall be referred to the suspension or
debarment official for the appropriate agency; and
``(B) may be a basis for suspension or debarment of
the contractor.
``(e) Rule of Construction.--The duty of a contractor under a
covered contract to comply with the requirements of the regulations
prescribed under subsection (a) and the contract clause inserted into a
covered contract pursuant to subsection (b), and the availability of the
remedies provided in subsection (d), shall not be reduced or diminished
by the failure of a higher or lower tier contractor under such contract
to comply with such requirements, or by a failure of the contracting
activity to provide the oversight required by subsection (c).''.
(b) Revised Regulations and Contract Clause.--
(1) Deadline for regulations.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the regulations prescribed pursuant to section 862
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 2302 note) to incorporate the
requirements of the amendments made by subsection (a).
(2) Commencement of applicability of revisions.--The
revision of regulations under paragraph (1) shall apply to the
following:
[[Page 124 STAT. 4275]]
(A) Any contract that is awarded on or after the
date that is 120 days after the date of the enactment of
this Act.
(B) Any task or delivery order that is issued on or
after the date that is 120 days after the date of the
enactment of this Act pursuant to a contract that is
awarded before, on, or after the date that is 120 days
after the date of the enactment of this Act.
(3) Commencement of inclusion of contract clause.--A
contract clause that reflects the revision of regulations
required by the amendments made by subsection (a) shall be
inserted, as required by such section 862, into the following:
(A) Any contract described in paragraph (2)(A).
(B) Any task or delivery order described in
paragraph (2)(B).
SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS TO AREAS OF
OTHER SIGNIFICANT MILITARY OPERATIONS.
(a) Areas of Other Significant Military Operations.--Section 862 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note), as amended by section 831, is further
amended--
(1) by striking ``combat operations'' each place it appears
and inserting ``combat operations or other significant military
operations''; and
(2) in subsection (f), as redesignated by such section 831--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(B) in paragraph (1)--
(i) by inserting ``either'' after
``constituting''; and
(ii) by adding at the end the following: ``In
making designations under this paragraph, the
Secretary shall ensure that an area is not
designated in whole or part as both an area of
combat operations and an area of other significant
military operations.''; and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) <<NOTE: Definition.>> Other significant military
operations.--For purposes of this section, the term `other
significant military operations' means activities, other than
combat operations, as part of an overseas contingency operation
that are carried out by United States Armed Forces in an
uncontrolled or unpredictable high-threat environment where
personnel performing security functions may be called upon to
use deadly force.''.
(b) Additional Areas Considered for Designation.--
(1) <<NOTE: Deadline.>> Determination required for certain
areas.--Not later than 150 days after the date of the enactment
of this Act, the Secretary of Defense shall make a written
determination for each of the following areas regarding whether
or not the area constitutes an area of combat operations or an
area of other significant military operations for purposes of
designation as such an area under section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2302 note), as amended by this section:
(A) The Horn of Africa region.
(B) Yemen.
[[Page 124 STAT. 4276]]
(C) The Philippines.
(2) <<NOTE: Deadline.>> Submission to congress.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a copy of each written determination under paragraph
(1), together with an explanation of the basis for such
determination.
(c) Limitation and Exception.--Section 862 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
2302 note), as amended by subsection (a) and by section 831, is further
amended--
(1) by redesignating subsection (g), as redesignated by such
section 831, as subsection (h) and inserting after subsection
(f) the following new subsection (g):
``(g) <<NOTE: Applicability.>> Limitation.--With respect to an area
of other significant military operations, the requirements of this
section shall apply only upon agreement of the Secretary of Defense and
the Secretary of State. An agreement of the Secretaries under this
subsection may be made only on an area-by-area basis. With respect to an
area of combat operations, the requirements of this section shall always
apply.''; and
(2) in subsection (h), as so redesignated--
(A) by striking the subsection designation and
``Exception.--'' and inserting the following:
``(h) Exceptions.--
``(1) Intelligence activities.--''; and
(B) by adding at the end the following new
paragraph:
``(2) Nongovernmental organizations.--The requirements of
this section shall not apply to a nonprofit nongovernmental
organization receiving grants or cooperative agreements for
activities conducted within an area of other significant
military operations if the Secretary of Defense and the
Secretary of State agree that such organization may be exempted.
An exemption may be granted by the agreement of the Secretaries
under this paragraph on an organization-by-organization or area-
by-area basis. Such an exemption may not be granted with respect
to an area of combat operations.''.
(d) Report on Implementation.--Not later than 180 days after a
designation of an area as an area of combat operations or an area of
other significant military operations pursuant to subsection (b)(2), the
Secretary of Defense, in coordination with the Secretary of State, shall
submit to Congress a report on steps taken or planned to be taken to
implement the regulations prescribed under section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 2302 note) in such area. In the case of any agreement by the
Secretaries to limit the applicability of such section or exempt
nongovernmental organizations from such section, pursuant to subsections
(g) or (h)(1) of such section (as added by subsection (c)), the report
shall document the basis for such agreement.
SEC. 833. <<NOTE: 10 USC 2302 note.>> STANDARDS AND CERTIFICATION
FOR PRIVATE SECURITY CONTRACTORS.
(a) Review of Third-Party Standards and Certification Processes.--
Not later than 90 days <<NOTE: Deadline.>> after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) <<NOTE: Determination.>> determine whether the private
sector has developed--
[[Page 124 STAT. 4277]]
(A) operational and business practice standards
applicable to private security contractors; and
(B) third-party certification processes for
determining whether private security contractors adhere
to standards described in subparagraph (A); and
(2) review any standards and processes identified pursuant
to paragraph (1) to determine whether the application of such
standards and processes will make a substantial contribution to
the successful performance of private security functions in
areas of combat operations or other significant military
operations.
(b) <<NOTE: Deadline. Criteria.>> Revised Regulations.--Not later
than 270 days after the date of the enactment of this Act, the Secretary
of Defense shall revise the regulations promulgated under section 862 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note) to ensure that such regulations--
(1) establish criteria for defining standard practices for
the performance of private security functions, which shall
reflect input from industry representatives as well as the
Inspector General of the Department of Defense; and
(2) establish criteria for weapons training programs for
contractors performing private security functions, including
minimum requirements for weapons training programs of
instruction and minimum qualifications for instructors for such
programs.
(c) Inclusion of Third-Party Standards and Certifications in Revised
Regulations.--
(1) Standards.--If the Secretary determines that the
application of operational and business practice standards
identified pursuant to subsection (a)(1)(A) will make a
substantial contribution to the successful performance of
private security functions in areas of combat operations or
other significant military operations, the revised regulations
promulgated pursuant to subsection (b) shall incorporate a
requirement to comply with such standards, subject to such
exceptions as the Secretary may determine to be necessary.
(2) Certifications.--If the Secretary determines that the
application of a third-party certification process identified
pursuant to subsection (a)(1)(B) will make a substantial
contribution to the successful performance of private security
functions in areas of combat operations or other significant
military operations, the revised regulations promulgated
pursuant to subsection (b) may provide for the consideration of
such certifications as a factor in the evaluation of proposals
for award of a covered contract for the provision of private
security functions, subject to such exceptions as the Secretary
may determine to be necessary.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means--
(A) a contract of the Department of Defense for the
performance of services;
(B) a subcontract at any tier under such a contract;
or
(C) a task order or delivery order issued under such
a contract or subcontract.
[[Page 124 STAT. 4278]]
(2) Contractor.--The term ``contractor'' means, with respect
to a covered contract, the contractor or subcontractor carrying
out the covered contract.
(3) Private security functions.--The term ``private security
functions'' means activities engaged in by a contractor under a
covered contract as follows:
(A) Guarding of personnel, facilities, or property
of a Federal agency, the contractor or subcontractor, or
a third party.
(B) Any other activity for which personnel are
required to carry weapons in the performance of their
duties.
(e) Exception.--The requirements of this section shall not apply to
contracts entered into by elements of the intelligence community in
support of intelligence activities.
SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO
REDUCE OR DENY AWARD FEES TO COMPANIES
FOUND TO JEOPARDIZE THE HEALTH OR SAFETY
OF GOVERNMENT PERSONNEL.
(a) Expansion of Dispositions Subject to Authority.--Section 823 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(5) In an administrative proceeding, a final determination
of contractor fault by the Secretary of Defense pursuant to
subsection (d).'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Determinations of Contractor Fault by Secretary of Defense.--
``(1) In general.--In any case described by paragraph (2),
the Secretary of Defense shall--
``(A) provide for an expeditious independent
investigation of the causes of the serious bodily injury
or death alleged to have been caused by the contractor
as described in that paragraph; and
``(B) make a final determination, pursuant to
procedures established by the Secretary for purposes of
this subsection, whether the contractor, in the
performance of a covered contract, caused such serious
bodily injury or death through gross negligence or with
reckless disregard for the safety of civilian or
military personnel of the Government.
``(2) Covered cases.--A case described in this paragraph is
any case in which the Secretary has reason to believe that--
``(A) a contractor, in the performance of a covered
contract, may have caused the serious bodily injury or
death of any civilian or military personnel of the
Government; and
``(B) such contractor is not subject to the
jurisdiction of United States courts.
``(3) Construction of determination.--A final determination
under this subsection may be used only for the purpose
[[Page 124 STAT. 4279]]
of evaluating contractor performance, and shall not be
determinative of fault for any other purpose.''.
(b) Definition of Contractor.--Paragraph (1) of subsection (e) of
such section, as redesignated by subsection (a)(2) of this section, is
amended <<NOTE: 10 USC 2302 note.>> to read as follows:
``(1) The term `contractor' means a company awarded a
covered contract and a subcontractor at any tier under such
contract.''.
(c) Technical Amendment.--Subsection (c) of such section is further
amended in the matter preceding paragraph (1) by striking ``subsection
(a)'' and inserting ``subsection (b)''.
(d) Inclusion of Determinations of Contractor Fault in Database for
Federal Agency Contract and Grant Officers and Suspension and Debarment
Officials.--Section 872(c)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4556) <<NOTE: 41 USC 2313.>> is amended by adding at the end the
following new subparagraph:
``(E) In an administrative proceeding, a final
determination of contractor fault by the Secretary of
Defense pursuant to section 823(d) of the National
Defense Authorization Act for Fiscal Year 2010 (10
U.S.C. 2302 note).''.
(e) <<NOTE: Applicability. 10 USC 2302 note.>> Effective Date.--The
requirements of section 823 of the National Defense Authorization Act
for Fiscal Year 2010, as amended by subsections (a) through (c), shall
apply with respect to the following:
(1) Any contract entered into on or after the date of the
enactment of this Act.
(2) Any task order or delivery order issued on or after the
date of the enactment of this Act under a contract entered into
before, on, or after that date.
SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
Section 863 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended to read
as follows:
``SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
``(a) Joint Report Required.--
``(1) In general.--Except as provided in paragraph (6),
every 12 months, the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development shall submit to the relevant
committees of Congress a joint report on contracts in Iraq or
Afghanistan.
``(2) Primary matters covered.--A report under this
subsection shall, at a minimum, cover the following with respect
to contracts in Iraq and Afghanistan during the reporting
period:
``(A) Total number of contracts awarded.
``(B) Total number of active contracts.
``(C) Total value of all contracts awarded.
``(D) Total value of active contracts.
``(E) The extent to which such contracts have used
competitive procedures.
[[Page 124 STAT. 4280]]
``(F) Total number of contractor personnel working
on contracts at the end of each quarter of the reporting
period.
``(G) Total number of contractor personnel who are
performing security functions at the end of each quarter
of the reporting period.
``(H) Total number of contractor personnel killed or
wounded.
``(3) Additional matters covered.--A report under this
subsection shall also cover the following:
``(A) The sources of information and data used to
compile the information required under paragraph (2).
``(B) A description of any known limitations of the
data reported under paragraph (2), including known
limitations of the methodology and data sources used to
compile the report.
``(C) Any plans for strengthening collection,
coordination, and sharing of information on contracts in
Iraq and Afghanistan through improvements to the common
databases identified under section 861(b)(4).
``(4) Reporting period.--A report under this subsection
shall cover a period of not less than 12 months.
``(5) Submission of reports.--The Secretaries and the
Administrator shall submit an initial report under this
subsection not later than February 1, 2011, and shall submit an
updated report by February 1 of every year thereafter until
February 1, 2013.
``(6) Exception.--If the total annual amount of obligations
for contracts in Iraq and Afghanistan combined is less than
$250,000,000 for the reporting period, for all three agencies
combined, the Secretaries and the Administrator may submit, in
lieu of a report, a letter stating the applicability of this
paragraph, with such documentation as the Secretaries and the
Administrator consider appropriate.
``(7) Estimates.--In determining the total number of
contractor personnel working on contracts under paragraph
(2)(F), the Secretaries and the Administrator may use estimates
for any category of contractor personnel for which they
determine it is not feasible to provide an actual count. The
report shall fully disclose the extent to which estimates are
used in lieu of an actual count.
``(b) Comptroller General Review and Report.--
``(1) In general.--Within 180 days after submission of each
annual joint report required under subsection (a), but in no
case later than August 5 of each year until 2013, the
Comptroller General of the United States shall review the joint
report and submit to the relevant committees of Congress a
report on such review.
``(2) Matters covered.--A report under this subsection
shall, at minimum--
``(A) assess the data and data sources used in
developing the joint report;
``(B) review how the Department of Defense, the
Department of State, and the United States Agency for
International Development are using the data and the
data sources used to develop the joint report in
managing, overseeing, and coordinating contracting in
Iraq and Afghanistan;
[[Page 124 STAT. 4281]]
``(C) assess the plans of the departments and agency
for strengthening or improving the common databases
identified under section 861(b)(4); and
``(D) review and make recommendations on any
specific contract or class of contracts that the
Comptroller General determines raises issues of
significant concern.
``(3) Access to databases and other information.--The
Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development shall provide to the Comptroller General full access
to information on contracts in Iraq and Afghanistan for the
purposes of the review carried out under this subsection,
including the common databases identified under section
861(b)(4).''.
Subtitle E--Other Matters
SEC. 841. IMPROVEMENTS TO STRUCTURE AND FUNCTIONING OF JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
(a) Vice Chairman of Joint Chiefs of Staff To Be Chairman of
Council.--Subsection (c) of section 181 of title 10, United States Code,
is amended--
(1) in paragraph (1), by inserting ``Vice'' before
``Chairman of the Joint Chiefs of Staff'';
(2) in paragraph (2), by striking ``, other than the
Chairman of the Joint Chiefs of Staff,'' and inserting ``under
subparagraphs (B), (C), (D), and (E) of paragraph (1)''; and
(3) by striking paragraph (3).
(b) Role of Commanders of Combatant Commands as Members of
Council.--Paragraph (1) of subsection (c) of such section is further
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) in addition, when directed by the chairman, the
commander of any combatant command (or, as directed by that
commander, the deputy commander of that command) when matters
related to the area of responsibility or functions of that
command will be under consideration by the Council.''.
(c) Civilian Advisors.--
(1) Additional civilian advisors.--Subsection (d) of such
section is amended by striking ``The Under Secretary'' and all
that follows through ``and expertise.'' and inserting: ``The
following officials of the Department of Defense shall serve as
advisors to the Council on matters within their authority and
expertise:
``(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(B) The Under Secretary of Defense (Comptroller).
``(C) The Under Secretary of Defense for Policy.
``(D) The Director of Cost Assessment and Program
Evaluation.
``(E) The Director of Operational Test and
Evaluation.
``(F) Such other civilian officials of the
Department of Defense as are designated by the Secretary
of Defense for purposes of this subsection.''.
[[Page 124 STAT. 4282]]
(2) Conforming amendment.--Subsection (b)(3) of such section
is amended <<NOTE: 10 USC 181.>> by striking ``Under Secretary
of Defense (Comptroller), the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Director of Cost
Assessment and Performance Evaluation'' and inserting ``advisors
to the Council under subsection (d)''.
(d) Recognition of Permanent Nature of Council.--Subsection (a) of
such section is amended by striking ``The Secretary of Defense shall
establish'' and inserting ``There is''.
SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND
PERFORMANCE OF SUSTAINABLE PRODUCTS AND
SERVICES.
(a) Finding.--Congress finds the following:
(1) Executive Order No. 13514, dated October 5, 2009,
requires the departments and agencies of the Federal Government
to establish an integrated strategy towards the procurement of
sustainable products and services.
(2) The Department of Defense Strategic Sustainability
Performance Plan, issued in August 2010, provides a framework
for the Department's compliance with Executive Order No. 13514
and other applicable sustainability requirements.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the status
of the achievement by the Department of Defense of the
objectives and goals on the procurement of sustainable products
and services established by section 2(h) of Executive Order No.
13514.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the actions taken, and to be
taken, by the Department to identify particular
sustainable products and services that contribute to the
achievement of the objectives and goals described in
paragraph (1).
(B) An assessment of the tools available to the
Department to promote the use of particular sustainable
products and services identified pursuant to the actions
described in subparagraph (A) across the Department, and
a description of the actions taken, and to be taken, by
the Department to use such tools.
(C) A description of strategies and tools identified
by the Department that could assist the other
departments and agencies of the Federal Government in
procuring sustainable products and services, including a
description of mechanisms for sharing best practices in
such procurement, as identified by the Department, among
the other departments and agencies of the Federal
Government.
(D) An assessment of the progress the Department has
made toward the achievement of the objectives and goals
described in paragraph (1), including the scorecard
identified in its Strategic Sustainability Performance
Plan.
SEC. 843. ASSESSMENT AND PLAN FOR CRITICAL RARE EARTH MATERIALS IN
DEFENSE APPLICATIONS.
(a) Assessment Required.--
[[Page 124 STAT. 4283]]
(1) In general.--The Secretary of Defense shall undertake an
assessment of the supply and demand for rare earth materials in
defense applications and identify which, if any, rare earth
material meets both of the following criteria:
(A) The rare earth material is critical to the
production, sustainment, or operation of significant
United States military equipment.
(B) The rare earth material is subject to
interruption of supply, based on actions or events
outside the control of the Government of the United
States.
(2) Evaluation of supply.--The assessment shall include a
comprehensive evaluation of the long-term security and
availability of all aspects of the supply chain for rare earth
materials in defense applications, particularly the location and
number of sources at each step of the supply chain, including--
(A) mining of rare earth ores;
(B) separation of rare earth oxides;
(C) refining and reduction of rare earth metals;
(D) creation of rare earth alloys;
(E) manufacturing of components and systems
containing rare earth materials; and
(F) recycling of components and systems to reclaim
and reuse rare earth materials.
(3) Evaluation of demand.--The assessment shall include a
comprehensive evaluation of the demand for and usage of rare
earth materials in all defense applications, including--
(A) approximations of the total amounts of
individual rare earth materials used in defense
applications;
(B) determinations of which, if any, defense
applications are dependent upon rare earth materials for
proper operation and functioning; and
(C) assessments of the feasibility of alternatives
to usage of rare earth materials in defense
applications.
(4) Other studies and agencies.--Any applicable studies
conducted by the Department of Defense, the Comptroller General
of the United States, or other Federal agencies during fiscal
year 2010 may be considered as partial fulfillment of the
requirements of this section. The Secretary may consider the
views of other Federal agencies, as appropriate.
(5) Specific material included.--At a minimum, the Secretary
shall identify sintered neodymium iron boron magnets as meeting
the criteria specified in paragraph (1).
(b) <<NOTE: Deadline.>> Plan.--For each rare earth material
identified pursuant to subsection (a)(1), the Secretary shall develop a
plan to ensure the long-term availability of such rare earth material,
with a goal of establishing an assured source of supply of such material
in critical defense applications by December 31, 2015. In developing the
plan, the Secretary shall consider all aspects of the material's supply
chain, as described in subsection (a)(2). The plan shall include
consideration of numerous risk mitigation methods with respect to the
material, including--
(1) an assessment of including the material in the National
Defense Stockpile;
(2) in consultation with the United States Trade
Representative, the identification of any trade practices known
to the Secretary that limit the Secretary's ability to ensure
the long-term availability of such material or the ability to
meet the
[[Page 124 STAT. 4284]]
goal of establishing an assured source of supply of such
material by December 31, 2015;
(3) an assessment of the availability of financing to
industry, academic institutions, or not-for-profit entities to
provide the capacity required to ensure the availability of the
material, as well as potential mechanisms to increase the
availability of such financing;
(4) an assessment of the benefits, if any, of Defense
Production Act funding to support the establishment of an
assured source of supply for military components;
(5) an assessment of funding for research and development
related to any aspect of the rare earth material supply chain or
research on alternatives and substitutes;
(6) any other risk mitigation method determined appropriate
by the Secretary that is consistent with the goal of
establishing an assured source of supply by December 31, 2015;
and
(7) for steps of the rare earth material supply chain for
which no other risk mitigation method, as described in
paragraphs (1) through (6), will ensure an assured source of
supply by December 31, 2015, a specific plan to eliminate supply
chain vulnerability by the earliest date practicable.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional committees described in paragraph (2) a
report containing the findings of the assessment required under
subsection (a) and the plan developed under subsection (b).
(2) Congressional committees.--The congressional committees
described in this paragraph are as follows:
(A) The congressional defense committees.
(B) The Committee on Science and Technology, the
Committee on Financial Services, and the Committee on
Ways and Means of the House of Representatives.
(C) The Committee on Energy and Natural Resources,
the Committee on Finance, and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
SEC. 844. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.
(a) Review Required.--The Comptroller General of the United States
shall review the use of the national security exception to full and open
competition provided in section 2304(c)(6) of title 10, United States
Code, by the Department of Defense.
(b) Matters Reviewed.--The review of the use of the national
security exception required by subsection (a) shall include--
(1) the pattern of usage of such exception by acquisition
organizations within the Department to determine which
organizations are commonly using the exception and the frequency
of such usage;
(2) the range of items or services being acquired through
the use of such exception;
(3) the process for reviewing and approving justifications
involving such exception;
[[Page 124 STAT. 4285]]
(4) whether the justifications for use of such exception
typically meet the relevant requirements of the Federal
Acquisition Regulation applicable to the use of such exception;
(5) issues associated with follow-on procurements for items
or services acquired using such exception; and
(6) potential additional instances where such exception
could be applied and any authorities available to the Department
other than such exception that could be applied in such
instances.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the review required by subsection (a), including a discussion of each
of the matters specified in subsection (b). The report shall include any
recommendations relating to the matters reviewed that the Secretary
considers appropriate. The report shall be submitted in unclassified
form but may include a classified annex.
SEC. 845. <<NOTE: 10 USC 428 note.>> REQUIREMENT FOR ENTITIES
WITH FACILITY CLEARANCES THAT ARE NOT
UNDER FOREIGN OWNERSHIP CONTROL OR
INFLUENCE MITIGATION.
(a) <<NOTE: Plans.>> Requirement.--The Secretary of Defense shall
develop a plan to ensure that covered entities employ and maintain
policies and procedures that meet requirements under the national
industrial security program. In developing the plan, the Secretary shall
consider whether or not covered entities, or any category of covered
entities, should be required to establish government security committees
similar to those required for companies that are subject to foreign
ownership control or influence mitigation measures.
(b) Covered Entity.--A covered entity under this section is an
entity--
(1) to which the Department of Defense has granted a
facility clearance; and
(2) that is not subject to foreign ownership control or
influence mitigation measures.
(c) Guidance.--The Secretary of Defense shall issue guidance,
including appropriate compliance mechanisms, to implement the
requirement in subsection (a). To the extent determined appropriate by
the Secretary, the guidance shall require covered entities, or any
category of covered entities, to establish government security
committees similar to those required for companies that are subject to
foreign ownership control or influence mitigation measures.
(d) Report.--Not later than 270 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
plan developed pursuant to subsection (a) and the guidance issued
pursuant to subsection (c). The report shall specifically address the
rationale for the Secretary's decision on whether or not to require
covered entities, or any category of covered entities, to establish
government security committees similar to those required for companies
that are subject to foreign ownership control or influence mitigation
measures.
SEC. 846. <<NOTE: 10 USC 2534 note.>> PROCUREMENT OF PHOTOVOLTAIC
DEVICES.
(a) Contract Requirement.--The Secretary of Defense shall ensure
that each contract described in subsection (b) awarded by
[[Page 124 STAT. 4286]]
the Department of Defense includes a provision requiring the
photovoltaic devices provided under the contract to comply with the Buy
American Act (41 U.S.C. 10a et seq.), subject to the exceptions to that
Act provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.) or otherwise provided by law.
(b) Contracts Described.--The contracts described in this subsection
include energy savings performance contracts, utility service contracts,
land leases, and private housing contracts, to the extent that such
contracts result in ownership of photovoltaic devices by the Department
of Defense. For the purposes of this section, the Department of Defense
is deemed to own a photovoltaic device if the device is--
(1) installed on Department of Defense property or in a
facility owned by the Department of Defense; and
(2) reserved for the exclusive use of the Department of
Defense for the full economic life of the device.
(c) Definition of Photovoltaic Devices.--In this section, the term
``photovoltaic devices'' means devices that convert light directly into
electricity through a solid-state, semiconductor process.
SEC. 847. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN
REQUIREMENTS FOR PROCUREMENT OF HAND OR
MEASURING TOOLS.
Section 2533a(c) of title 10, United States Code, is amended by
striking ``subsection (b)(1)'' and inserting ``subsection (b)''.
SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS.
(a) Defense Science Board Review of Organization, Training, and
Planning.--Not later than <<NOTE: Deadline.>> 90 days after the date of
the enactment of this Act, the Secretary of Defense shall direct the
Defense Science Board to carry out a review of Department of Defense
organization, doctrine, training, and planning for contractor logistics
support of contingency operations.
(b) Matters To Be Addressed.--
(1) In general.--The matters addressed by the review
required by subsection (a) shall include, at a minimum, the
following:
(A) Department of Defense policies and procedures
for planning for contractor logistics support of
contingency operations.
(B) Department organization and staffing for the
implementation of such policies and procedures.
(C) The development of Department doctrine for
contractor logistics support of contingency operations.
(D) The training of Department military and civilian
personnel for the planning, management, and oversight of
contractor logistics support of contingency operations.
(E) The extent to which the Department should rely
upon contractor logistics support in future contingency
operations, and the risks associated with reliance on
such support.
(F) Any logistics support functions for contingency
operations for which the Department should establish or
retain an organic capability.
(G) The scope and level of detail on contractor
logistics support of contingency operations that is
currently included
[[Page 124 STAT. 4287]]
in operational plans, and that should be included in
operational plans.
(H) Contracting mechanisms and contract vehicles
that are currently used, and should be used, to provide
contractor logistics support of contingency operations.
(I) Department organization and staffing for the
management and oversight of contractor logistics support
of contingency operations.
(J) Actions that could be taken to improve
Department management and oversight of contractors
providing logistics support of contingency operations.
(K) The extent to which logistics support of
contingency operations has been, and should be, provided
by subcontractors, and the advantages and disadvantages
of reliance upon subcontractors for that purpose.
(L) The extent to which logistics support of
contingency operations has been, and should be, provided
by local nationals and third country nationals, and the
advantages and disadvantages of reliance upon such
sources for that purpose.
(2) Findings and recommendations.--The review required by
subsection (a) shall include findings and recommendations
related to--
(A) legislative or policy guidance to address the
matters listed in paragraph (1); and
(B) whether and to what extent the quadrennial
defense review (conducted pursuant to section 118 of
title 10, United States Code) or assessments by the
Chairman of the Joint Chiefs of Staff for the biennial
review of the national military strategy (conducted
pursuant to section 153(d) of such title) should be
required to address requirements for contractor support
of the Armed Forces in conducting peacetime training,
peacekeeping, overseas contingency operations, and major
combat operations, and the risks associated with such
support.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the results of the review required by subsection
(a). The report shall include the findings and recommendations of the
Defense Science Board, including such recommendations for legislative or
administrative action as the Board considers appropriate, together with
any comments the Secretary considers appropriate.
Subtitle <<NOTE: Improve Acquisition Act of 2010. 10 USC 2545 note.>>
F--Improve Acquisition Act
SEC. 860. SHORT TITLE.
This subtitle may be cited as the ``Improve Acquisition Act of
2010''.
[[Page 124 STAT. 4288]]
PART I--DEFENSE ACQUISITION SYSTEM
SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE DEFENSE
ACQUISITION SYSTEM.
(a) Management of the Defense Acquisition System.--Part IV of title
10, United States Code, <<NOTE: 10 USC 2545.>> is amended by inserting
after chapter 148 the following new chapter:
``CHAPTER 149--DEFENSE ACQUISITION SYSTEM
``Sec.
``2545. Definitions.
``2546. Civilian management of the defense acquisition system.
``2547. Acquisition-related functions of chiefs of the armed forces.
``2548. Performance assessments of the defense acquisition system.
``Sec. 2545. Definitions
``In this chapter:
``(1) The term `acquisition' has the meaning provided in
section 4(16) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(16)).
``(2) The term `defense acquisition system' means the
workforce engaged in carrying out the acquisition of property
and services for the Department of Defense; the management
structure responsible for directing and overseeing the
acquisition of property and services for the Department of
Defense; and the statutory, regulatory, and policy framework
that guides the acquisition of property and services for the
Department of Defense.
``(3) The term `element of the defense acquisition system'
means an organization that employs members of the acquisition
workforce, carries out acquisition functions, and focuses
primarily on acquisition.
``(4) The term `acquisition workforce' has the meaning
provided in section 101(a)(18) of this title.
``Sec. 2546. Civilian management of the defense acquisition system
``(a) Responsibility of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.--Subject to the authority,
direction and control of the Secretary of Defense, the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall be
responsible for the management of the defense acquisition system and
shall exercise such control of the system and perform such duties as are
necessary to ensure the successful and efficient operation of the
defense acquisition system, including the duties enumerated and assigned
to the Under Secretary elsewhere in this title.
``(b) Responsibility of the Service Acquisition Executives.--Subject
to the direction of the Under Secretary of Defense for Acquisition,
Technology, and Logistics on matters pertaining to acquisition, and
subject to the authority, direction, and control of the Secretary of the
military department concerned, a service acquisition executive of a
military department shall be responsible for the management of elements
of the defense acquisition system in that military department and shall
exercise such control of the system and perform such duties as are
necessary to ensure
[[Page 124 STAT. 4289]]
the successful and efficient operation of such elements of the defense
acquisition system.
``Sec. 2547. Acquisition-related functions of chiefs of the armed
forces
``(a) Performance of Certain Acquisition-related Functions.--The
Secretary of Defense shall ensure that the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air Force, and
the Commandant of the Marine Corps assist the Secretary of the military
department concerned in the performance of the following acquisition-
related functions of such department:
``(1) The development of requirements relating to the
defense acquisition system (subject, where appropriate, to
validation by the Joint Requirements Oversight Council pursuant
to section 181 of this title).
``(2) The coordination of measures to control requirements
creep in the defense acquisition system.
``(3) The development of career paths in acquisition for
military personnel (as required by section 1722a of this title).
``(4) The assignment and training of contracting officer
representatives when such representatives are required to be
members of the armed forces because of the nature of the
contract concerned.
``(b) Rule of Construction.--Nothing in this section shall be
construed to affect the assignment of functions under section
3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A) of this
title, except as explicitly provided in this section.
``(c) Definitions.--In this section:
``(1) The term `requirements creep' means the addition of
new technical or operational specifications after a requirements
document is approved by the appropriate validation authority for
the requirements document.
``(2) The term `requirements document' means a document
produced in the requirements process that is provided for an
acquisition program to guide the subsequent development,
production, and testing of the program and that--
``(A) justifies the need for a materiel approach, or
an approach that is a combination of materiel and non-
materiel, to satisfy one or more specific capability
gaps;
``(B) details the information necessary to develop
an increment of militarily useful, logistically
supportable, and technically mature capability,
including key performance parameters; or
``(C) identifies production attributes required for
a single increment of a program.
``Sec. 2548. Performance assessments of the defense acquisition
system
``(a) <<NOTE: Deadline. Guidance.>> Performance Assessments
Required.--Not later than 180 days after the date of the enactment of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011,
the Secretary of Defense, acting through the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the Director of Procurement
and Acquisition Policy, and the Director of the Office of Performance
Assessment and Root Cause Analysis, shall issue guidance, with detailed
implementation instructions, for the Department of Defense
[[Page 124 STAT. 4290]]
to provide for periodic independent performance assessments of elements
of the defense acquisition system for the purpose of--
``(1) determining the extent to which such elements of the
defense acquisition system deliver value to the Department of
Defense, taking into consideration the performance elements
identified in subsection (b);
``(2) assisting senior officials of the Department of
Defense in identifying and developing lessons learned from best
practices and shortcomings in the performance of such elements
of the defense acquisition system; and
``(3) assisting senior officials of the Department of
Defense in developing acquisition workforce excellence under
section 1701a of this title
``(b) Areas Considered in Performance Assessments.--(1) Each
performance assessment conducted pursuant to subsection (a) shall
consider, at a minimum--
``(A) the extent to which acquisitions conducted by the
element of the defense acquisition system under review meet
applicable cost, schedule, and performance objectives; and
``(B) the staffing and quality of the acquisition workforce
and the effectiveness of the management of the acquisition
workforce, including workforce incentives and career paths.
``(2) The Secretary of Defense shall ensure that the performance
assessments required by this section are appropriately tailored to
reflect the diverse nature of the work performed by each element of the
defense acquisition system. In addition to the mandatory areas under
paragraph (1), a performance assessment may consider, as appropriate,
specific areas of acquisition concern, such as--
``(A) the selection of contractors, including--
``(i) the extent of competition and the use of
exceptions to competition requirements;
``(ii) compliance with Department of Defense
policies regarding the participation of small business
concerns and various categories of small business
concerns, including the use of contract bundling and the
availability of non-bundled contract vehicles;
``(iii) the quality of market research;
``(iv) the effective consideration of contractor
past performance; and
``(v) the number of bid protests, the extent to
which such bid protests have been successful, and the
reasons for such success;
``(B) the negotiation of contracts, including--
``(i) the appropriate application of section 2306a
of this title (relating to truth in negotiations);
``(ii) the appropriate use of contract types
appropriate to specific procurements;
``(iii) the appropriate use of performance
requirements;
``(iv) the appropriate acquisition of technical data
and other rights and assets necessary to support long-
term sustainment and follow-on procurement; and
``(v) the timely definitization of any undefinitized
contract actions; and
``(C) the management of contractor performance, including--
[[Page 124 STAT. 4291]]
``(i) the assignment of appropriately qualified
contracting officer representatives and other contract
management personnel;
``(ii) the extent of contract disputes, the reasons
for such disputes, and the extent to which they have
been successfully addressed;
``(iii) the appropriate consideration of long-term
sustainment and energy efficiency objectives; and
``(iv) the appropriate use of integrated testing.
``(c) Contents of Guidance.--The guidance issued pursuant to
subsection (a) shall ensure that each element of the defense acquisition
system is subject to a performance assessment under this section not
less often than once every four years, and shall address, at a minimum--
``(1) the designation of elements of the defense acquisition
system that are subject to performance assessment at an
organizational level that ensures such assessments can be
performed in an efficient and integrated manner;
``(2) the frequency with which such performance assessments
should be conducted;
``(3) goals, standards, tools, and metrics for use in
conducting performance assessments;
``(4) the composition of the teams designated to perform
performance assessments;
``(5) any phase-in requirements needed to ensure that
qualified staff are available to perform performance
assessments;
``(6) procedures for tracking the implementation of
recommendations made pursuant to performance assessments;
``(7) procedures for developing and disseminating lessons
learned from performance assessments; and
``(8) procedures for ensuring that information from
performance assessments are retained electronically and are
provided in a timely manner to the Under Secretary of Defense
for Acquisition, Technology, and Logistics and the Director of
the Office of Performance Assessment and Root Cause Analysis as
needed to assist them in performing their responsibilities under
this section.
``(d) Performance Goals Under Government Performance Results Act of
1993.--Beginning with <<NOTE: Effective date.>> fiscal year 2012, the
annual performance plan prepared by the Department of Defense pursuant
to section 1115 of title 31 shall include appropriate performance goals
for elements of the defense acquisition system.
``(e) <<NOTE: Effective date.>> Reporting Requirements.--Beginning
with fiscal year 2012--
``(1) the annual report prepared by the Secretary of Defense
pursuant to section 1116 of title 31, United States Code, shall
address the Department's success in achieving performance goals
established pursuant to such section for elements of the defense
acquisition system; and
``(2) the annual report prepared by the Director of the
Office of Performance Assessment and Root Cause Analysis
pursuant to section 103(f) of the Weapon Systems Acquisition
Reform Act of 2009 (10 U.S.C. 2430 note), shall include
information on the activities undertaken by the Department
pursuant to such section, including a summary of significant
findings or recommendations arising out of performance
assessments.''.
[[Page 124 STAT. 4292]]
(b) Clerical Amendments.--The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the beginning of part
IV of such subtitle, are each amended by inserting after the item
relating to chapter 148 the following new item:
``149. Defense Acquisition System................................2545''.
SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES
INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Report Required.--The Comptroller General of the United States
shall carry out a comprehensive review of the Joint Capabilities
Integration and Development System (in this section referred to as
``JCIDS''). Not later than one year after the date of the enactment of
this Act, the Comptroller General shall submit to the congressional
defense committees a report on the review and include in such report any
recommendations the Comptroller General considers necessary and
advisable to improve or replace JCIDS.
(b) Content of the Review.--
(1) Purpose.--The purpose of the review required by
subsection (a) is to evaluate the effectiveness of JCIDS in
achieving the following objectives:
(A) Timeliness in delivering capability to the
warfighter.
(B) Efficient use of the investment resources of the
Department of Defense.
(C) Control of requirements creep.
(D) Responsiveness to changes occurring after the
approval of a requirements document (including changes
to the threat environment, the emergence of new
capabilities, or changes in the resources estimated to
procure or sustain a capability).
(E) Development of the personnel skills, capacity,
and training needed for an effective and efficient
requirements process.
(2) Matters considered.--In performing the review, the
Comptroller General shall gather information on and consider the
following matters:
(A) The time that requirements documents take to
receive approval through JCIDS.
(B) The quality of cost information considered in
JCIDS and the extent of its consideration.
(C) The extent to which JCIDS establishes a
meaningful level of priority for requirements.
(D) The extent to which JCIDS is considering trade-
offs between cost, schedule, and performance objectives.
(E) The quality of information on sustainment
considered in JCIDS and the extent to which sustainment
information is considered.
(F) An evaluation of the advantages and
disadvantages of designating a commander of a unified
combatant command for each requirements document for
which the Joint Requirements Oversight Council is the
validation authority to provide a joint evaluation task
force to participate in a materiel solution and to--
(i) provide input to the analysis of
alternatives;
(ii) participate in testing (including limited
user tests and prototype testing);
[[Page 124 STAT. 4293]]
(iii) provide input on a concept of operations
and doctrine;
(iv) provide end user feedback to the resource
sponsor; and
(v) participate, through the combatant
commander concerned, in any alteration of the
requirement for such solution.
(c) Definitions.--In this section:
(1) Joint capabilities integration and development system.--
The term ``Joint Capabilities Integration and Development
System'' means the system for the assessment, review,
validation, and approval of joint warfighting requirements that
is described in Chairman of the Joint Chiefs of Staff
Instruction 3170.01G
(2) Requirements document.--The term ``requirements
document'' means a document produced in JCIDS that is provided
for an acquisition program to guide the subsequent development,
production, and testing of the program and that--
(A) justifies the need for a materiel approach, or
an approach that is a combination of materiel and non-
materiel, to satisfy one or more specific capability
gaps;
(B) details the information necessary to develop an
increment of militarily useful, logistically
supportable, and technically mature capability,
including key performance parameters; or
(C) identifies production attributes required for a
single increment of a program.
(3) Requirements creep.--The term ``requirements creep''
means the addition of new technical or operational
specifications after a requirements document is approved.
(4) Materiel solution.--The term ``materiel solution'' means
the development, acquisition, procurement, or fielding of a new
item, or of a modification to an existing item, necessary to
equip, operate, maintain, and support military activities.
SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.
(a) <<NOTE: 10 USC 2330 note.>> Establishment of Requirements
Processes for the Acquisition of Services.--The Secretary of Defense
shall ensure that the military departments and Defense Agencies each
establish a process for identifying, assessing, reviewing, and
validating requirements for the acquisition of services.
(b) <<NOTE: 10 USC 2330 note.>> Operational Requirements.--With
regard to requirements for the acquisition of services in support of
combatant commands and military operations, the Secretary shall ensure--
(1) that the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps implement and bear chief
responsibility for carrying out, within the Armed Force
concerned, the process established pursuant to subsection (a)
for such Armed Force; and
(2) that commanders of unified combatant commands and other
officers identified or designated as joint qualified officers
have an opportunity to participate in the process of each
military department to provide input on joint requirements for
the acquisition of services.
(c) <<NOTE: 10 USC 2330 note.>> Supporting Requirements.--With
regard to requirements for the acquisition of services not covered by
subsection (b), the
[[Page 124 STAT. 4294]]
Secretary shall ensure that the secretaries of the military departments
and the heads of the Defense Agencies implement and bear chief
responsibility for carrying out, within the military department or
Defense Agency concerned, the process established pursuant to subsection
(a) for such military department or Defense Agency.
(d) <<NOTE: 10 USC 2330 note.>> Implementation Plans Required.--The
Secretary shall ensure that an implementation plan is developed for each
process established pursuant to subsection (a) that addresses, at a
minimum, the following:
(1) The organization of such process.
(2) The level of command responsibility required for
identifying, assessing, reviewing, and validating requirements
for the acquisition of services in accordance with the
requirements of this section and the categories established
under section 2330(a)(1)(C) of title 10, United States Code.
(3) The composition of positions necessary to operate such
process.
(4) The training required for personnel engaged in such
process.
(5) The relationship between doctrine and such process.
(6) Methods of obtaining input on joint requirements for the
acquisition of services.
(7) Procedures for coordinating with the acquisition
process.
(8) Considerations relating to opportunities for strategic
sourcing.
(e) <<NOTE: Deadline. 10 USC 2330 note.>> Matters Required in
Implementation Plan.--Each plan required under subsection (d) shall
provide for initial implementation of a process for identifying,
assessing, reviewing, and validating requirements for the acquisition of
services not later than one year after the date of the enactment of this
Act and shall provide for full implementation of such process at the
earliest date practicable.
(f) <<NOTE: 10 USC 2330 note.>> Consistency With Joint Guidance.--
Whenever, at any time, guidance is issued by the Chairman of the Joint
Chiefs of Staff relating to requirements for the acquisition of services
in support of combatant commands and military operations, each process
established pursuant to subsection (a) shall be revised in accordance
with such joint guidance.
(g) <<NOTE: 10 USC 2330 note.>> Definition.--The term
``requirements for the acquisition of services'' means objectives to be
achieved through acquisitions primarily involving the procurement of
services.
(h) <<NOTE: 10 USC 2330 note.>> Review of Supporting Requirements
To Identify Savings.--The secretaries of the military departments and
the heads of the Defense Agencies shall review and validate each
requirement described in subsection (c) with an anticipated cost in
excess of $10,000,000 with the objective of identifying unneeded or low
priority requirements that can be reduced or eliminated, with the
savings transferred to higher priority objectives. Savings identified
and transferred to higher priority objectives through review and
revalidation under this subsection shall count toward the savings
objectives established in the June 4, 2010, guidance of the Secretary of
Defense on improved operational efficiencies and the annual reduction in
funding for service support contractors required by the August 16, 2010,
guidance of the Secretary of Defense on efficiency initiatives. As
provided by the Secretary, cost avoidance shall not count toward these
objectives.
[[Page 124 STAT. 4295]]
(i) Extension of Authority.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking ``September 30, 2010'' and
inserting ``December 31, 2011''.
SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE.
(a) Review of Guidance.--The Secretary of Defense shall review the
acquisition guidance of the Department of Defense, including, at a
minimum, the guidance contained in Department of Defense Instruction
5000.02 entitled ``Operation of the Defense Acquisition System''.
(b) Matters Considered.--The review performed under subsection (a)
shall consider--
(1) the extent to which the acquisition of commercial goods
and commodities, commercial and military unique services, and
information technology should be addressed in Department of
Defense Instruction 5000.02 and other guidance primarily
relating to the acquisition of weapon systems, or should be
addressed in separate instructions and guidance;
(2) whether long-term sustainment and energy efficiency of
weapon systems is appropriately emphasized;
(3) whether appropriate mechanisms exist to communicate
information relating to the mission needs of the Department of
Defense to the industrial base in a way that allows the
industrial base to make appropriate investments in
infrastructure, capacity, and technology development to help
meet such needs;
(4) the extent to which earned value management should be
required on acquisitions not involving the acquisition of weapon
systems and whether measures of quality and technical
performance should be included in any earned value management
system; and
(5) such other matters as the Secretary considers
appropriate.
(c) Report.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
detailing any changes in the acquisition guidance of the Department of
Defense identified during the review required by subsection (a), and any
actions taken, or planned to be taken, to implement such changes.
SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES ACQUISITION
THROUGHOUT THE FEDERAL ACQUISITION
REGULATION AND THE DEFENSE FEDERAL
ACQUISITION REGULATION SUPPLEMENT.
(a) Review Required.--The Secretary of Defense, in consultation with
the Administrator for Federal Procurement Policy and the heads of such
other Federal agencies as the Secretary considers appropriate, shall
review the Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement to ensure that such regulations
include appropriate guidance for and references to services acquisition
that are in addition to references provided in part 37 and the Defense
Supplement to part 37.
(b) Matters Considered.--The review required by subsection (a) shall
consider the extent to which additional guidance is needed--
[[Page 124 STAT. 4296]]
(1) to provide the tools and processes needed to assist
contracting officials in addressing the full range of
complexities that can arise in the acquisition of services; and
(2) to enhance and support the procurement and project
management community in all aspects of the process for the
acquisition of services, including requirements development,
assessment of reasonableness, and post-award management and
oversight.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
containing--
(1) a summary of the findings of the review required by
subsection (a); and
(2) any recommendations that the Secretary may have for
changes to the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement to address such
findings, including identifying any changes that are necessary
to improve part 37 (which specifically addresses services
acquisitions).
SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE
NONDEVELOPMENTAL ITEMS.
(a) <<NOTE: 10 USC 2302 note.>> Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may carry out a
pilot program to assess the feasability and advisability of
acquiring military purpose nondevelopmental items in accordance
with this section.
(2) Scope of program.--Under the pilot program, the
Secretary may enter into contracts with nontraditional defense
contractors for the acquisition of military purpose
nondevelopmental items in accordance with the requirements set
forth in subsection (b).
(b) <<NOTE: 10 USC 2302 note.>> Contract Requirements.--Each
contract entered into under the pilot program--
(1) shall be a firm, fixed price contract, or a firm, fixed
price contract with an economic price adjustment clause awarded
using competitive procedures in accordance with chapter 137 of
title 10, United States Code;
(2) shall be in an amount not in excess of $50,000,000,
including all options;
(3) shall provide--
(A) for the delivery of an initial lot of production
quantities of completed items not later than nine months
after the date of the award of such contract; and
(B) that failure to make delivery as provided for
under subparagraph (A) may result in the termination of
such contract for default; and
(4) shall be--
(A) exempt from the requirement to submit certified
cost or pricing data under section 2306a of title 10,
United States Code, and the cost accounting standards
under section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422); and
(B) subject to the requirement to provide data other
than certified cost or pricing data for the purpose of
price
[[Page 124 STAT. 4297]]
reasonableness determinations, as provided in section
2306a(d) of title 10, United States Code.
(c) <<NOTE: 10 USC 2302 note.>> Regulations.--If the Secretary
establishes the pilot program authorized under subsection (a), the
Secretary shall prescribe regulations governing such pilot program. Such
regulations shall be included in regulations of the Department of
Defense prescribed as part of the Federal Acquisition Regulation and
shall include the contract clauses and procedures necessary to implement
such program.
(d) <<NOTE: 10 USC 2302 note.>> Reports.--
(1) Reports on program activities.--Not later than 60 days
after the end of any fiscal year in which the pilot program is
in effect, the Secretary shall submit to the congressional
defense committees a report on the pilot program. The report
shall be in unclassified form but may include a classified
annex. Each report shall include, for each contract entered into
under the pilot program in the preceding fiscal year, the
following:
(A) The contractor.
(B) The item or items to be acquired.
(C) The military purpose to be served by such item
or items.
(D) The amount of the contract.
(E) The actions taken by the Department of Defense
to ensure that the price paid for such item or items is
fair and reasonable.
(2) Program assessment.--If the Secretary establishes the
pilot program authorized under subsection (a), not later than
four years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth the
assessment of the Comptroller General of the extent to which the
pilot program--
(A) enabled the Department to acquire items that
otherwise might not have been available to the
Department;
(B) assisted the Department in the rapid acquisition
and fielding of capabilities needed to meet urgent
operational needs; and
(C) protected the interests of the United States in
paying fair and reasonable prices for the item or items
acquired.
(e) <<NOTE: 10 USC 2302 note.>> Definitions.--In this section:
(1) The term ``military purpose nondevelopmental item''
means a nondevelopmental item that meets a validated military
requirement, as determined in writing by the responsible program
manager, and has been developed exclusively at private expense.
For purposes of this paragraph, an item shall not be considered
to be developed exclusively at private expense if development of
the item was paid for in whole or in part through--
(A) independent research and development costs or
bid and proposal costs that have been reimbursed
directly or indirectly by a Federal agency or have been
submitted to a Federal agency for reimbursement; or
(B) foreign government funding.
(2) The term ``nondevelopmental item''--
[[Page 124 STAT. 4298]]
(A) has the meaning given that term in section 4(13)
of the Office of Federal Procurement Policy Act (41
U.S.C. 403(13)); and
(B) also includes previously developed items of
supply that require modifications other than those
customarily available in the commercial marketplace if
such modifications are consistent with the requirement
in subsection (b)(3)(A).
(3) The term ``nontraditional defense contractor'' has the
meaning given that term in section 2302(9) of title 10, United
States Code (as added by subsection (g)).
(4) The terms ``independent research and developments
costs'' and ``bid and proposal costs'' have the meaning given
such terms in section 31.205-18 of the Federal Acquisition
Regulation.
(f) <<NOTE: 10 USC 2302 note.>> Sunset.--
(1) In general.--The authority to carry out the pilot
program shall expire on the date that is five years after the
date of the enactment of this Act.
(2) Continuation of current contracts.--The expiration under
paragraph (1) of the authority to carry out the pilot program
shall not affect the validity of any contract awarded under the
pilot program before the date of the expiration of the pilot
program under that paragraph.
(g) Statutory Definition of Nontraditional Defense Contractor.--
(1) Nontraditional defense contractor.--Section 2302 of
title 10, United States Code, is amended by adding at the end
the following:
``(9) The term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) of this title, means an entity
that is not currently performing and has not performed, for at
least the one-year period preceding the solicitation of sources
by the Department of Defense for the procurement or transaction,
any of the following for the Department of Defense:
``(A) Any contract or subcontract that is subject to
full coverage under the cost accounting standards
prescribed pursuant to section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422) and the
regulations implementing such section.
``(B) Any other contract in excess of $500,000 under
which the contractor is required to submit certified
cost or pricing data under section 2306a of this
title.''.
(2) Conforming amendment.--Section 845(f) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371
note) is amended to read as follows:
``(f) Nontraditional Defense Contractor Defined.--In this section,
the term `nontraditional defense contractor' has the meaning provided by
section 2302(9) of title 10, United States Code.''.
[[Page 124 STAT. 4299]]
PART II--DEFENSE ACQUISITION WORKFORCE
SEC. 871. ACQUISITION WORKFORCE EXCELLENCE.
(a) Acquisition Workforce Excellence.--Subchapter I of chapter 87 of
title 10, United States Code, is amended by inserting after section 1701
the following new section:
``Sec. 1701a. Management for acquisition workforce excellence
``(a) Purpose.--The purpose of this chapter is to require the
Department of Defense to develop and manage a highly skilled
professional acquisition workforce--
``(1) in which excellence and contribution to mission is
rewarded;
``(2) which has the technical expertise and business skills
to ensure the Department receives the best value for the
expenditure of public resources;
``(3) which serves as a model for performance management of
employees of the Department; and
``(4) which is managed in a manner that complements and
reinforces the management of the defense acquisition system
pursuant to chapter 149 of this title.
``(b) Performance Management.--In order to achieve the purpose set
forth in subsection (a), the Secretary of Defense shall--
``(1) use the full authorities provided in subsections (a)
through (d) of section 9902 of title 5, including flexibilities
related to performance management and hiring and to training of
managers;
``(2) require managers to develop performance plans for
individual members of the acquisition workforce in order to give
members an understanding of how their performance contributes to
their organization's mission and the success of the defense
acquisition system (as defined in section 2545 of this title);
``(3) to the extent appropriate, use the lessons learned
from the acquisition demonstration project carried out under
section 1762 of this title related to contribution-based
compensation and appraisal, and how those lessons may be applied
within the General Schedule system;
``(4) develop attractive career paths;
``(5) encourage continuing education and training;
``(6) develop appropriate procedures for warnings during
performance evaluations for members of the acquisition workforce
who consistently fail to meet performance standards;
``(7) take full advantage of the Defense Civilian Leadership
Program established under section 1112 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2496; 10 U.S.C. 1580 note prec.);
``(8) use the authorities for highly qualified experts under
section 9903 of title 5, to hire experts who are skilled
acquisition professionals to--
``(A) serve in leadership positions within the
acquisition workforce to strengthen management and
oversight;
``(B) provide mentors to advise individuals within
the acquisition workforce on their career paths and
opportunities to advance and excel within the
acquisition workforce; and
[[Page 124 STAT. 4300]]
``(C) assist with the design of education and
training courses and the training of individuals in the
acquisition workforce; and
``(9) use the authorities for expedited security clearance
processing pursuant to section 1564 of this title.
``(c) Negotiations.--Any action taken by the Secretary under this
section, or to implement this section, shall be subject to the
requirements of chapter 71 of title 5.
``(d) Regulations.--Any rules or regulations prescribed pursuant to
this section shall be deemed an agency rule or regulation under section
7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or
regulation under section 7117(a)(1) of such title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1701 the following new item:
``1701a. Management for acquisition workforce excellence.''.
SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE DEMONSTRATION
PROJECT.
(a) Codification Into Title 10.--
(1) In general.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1761 the following new
section:
``Sec. 1762. Demonstration project relating to certain acquisition
personnel management policies and procedures
``(a) Commencement.--The Secretary of Defense is authorized to carry
out a demonstration project, the purpose of which is to determine the
feasibility or desirability of one or more proposals for improving the
personnel management policies or procedures that apply with respect to
the acquisition workforce of the Department of Defense and supporting
personnel assigned to work directly with the acquisition workforce.
``(b) Terms and Conditions.--(1) Except as otherwise provided in
this subsection, any demonstration project described in subsection (a)
shall be subject to section 4703 of title 5 and all other provisions of
such title that apply with respect to any demonstration project under
such section.
``(2) Subject to paragraph (3), in applying section 4703 of title 5
with respect to a demonstration project described in subsection (a)--
``(A) `180 days' in subsection (b)(4) of such section shall
be deemed to read `120 days';
``(B) `90 days' in subsection (b)(6) of such section shall
be deemed to read `30 days'; and
``(C) subsection (d)(1) of such section shall be
disregarded.
``(3) Paragraph (2) shall not apply with respect to a demonstration
project unless--
``(A) for each organization or team participating in the
demonstration project--
``(i) at least one-third of the workforce
participating in the demonstration project consists of
members of the acquisition workforce; and
``(ii) at least two-thirds of the workforce
participating in the demonstration project consists of
members of the
[[Page 124 STAT. 4301]]
acquisition workforce and supporting personnel assigned
to work directly with the acquisition workforce; and
``(B) the demonstration project commences before October 1,
2007.
``(c) Limitation on Number of Participants.--The total number of
persons who may participate in the demonstration project under this
section may not exceed 120,000.
``(d) Effect of Reorganizations.--The applicability of paragraph (2)
of subsection (b) to an organization or team shall not terminate by
reason that the organization or team, after having satisfied the
conditions in paragraph (3) of such subsection when it began to
participate in a demonstration project under this section, ceases to
meet one or both of the conditions set forth in subparagraph (A) of such
paragraph (3) as a result of a reorganization, restructuring,
realignment, consolidation, or other organizational change.
``(e) Assessments.--(1) The Secretary of Defense shall designate an
independent organization to conduct two assessments of the acquisition
workforce demonstration project described in subsection (a).
``(2) Each such assessment shall include the following:
``(A) A description of the workforce included in the
project.
``(B) An explanation of the flexibilities used in the
project to appoint individuals to the acquisition workforce and
whether those appointments are based on competitive procedures
and recognize veteran's preferences.
``(C) An explanation of the flexibilities used in the
project to develop a performance appraisal system that
recognizes excellence in performance and offers opportunities
for improvement.
``(D) The steps taken to ensure that such system is fair and
transparent for all employees in the project.
``(E) How the project allows the organization to better meet
mission needs.
``(F) An analysis of how the flexibilities in subparagraphs
(B) and (C) are used, and what barriers have been encountered
that inhibit their use.
``(G) Whether there is a process for--
``(i) ensuring ongoing performance feedback and
dialogue among supervisors, managers, and employees
throughout the performance appraisal period; and
``(ii) setting timetables for performance
appraisals.
``(H) The project's impact on career progression.
``(I) The project's appropriateness or inappropriateness in
light of the complexities of the workforce affected.
``(J) The project's sufficiency in terms of providing
protections for diversity in promotion and retention of
personnel.
``(K) The adequacy of the training, policy guidelines, and
other preparations afforded in connection with using the
project.
``(L) Whether there is a process for ensuring employee
involvement in the development and improvement of the project.
``(3) <<NOTE: Deadlines.>> The first assessment under this
subsection shall be completed not later than September 30, 2012. The
second and final assessment shall be completed not later than September
30, 2016. The Secretary shall submit to the covered congressional
committees
[[Page 124 STAT. 4302]]
a copy of each assessment within 30 days after receipt by the Secretary
of the assessment.
``(f) <<NOTE: Definition.>> 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) <<NOTE: Deadline.>> Conversion.--Within 6 months after the
authority to conduct a demonstration project under this section is
terminated as provided in subsection (g), employees in the project shall
convert to the civilian personnel system created pursuant to section
9902 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter V of chapter 87 of title 10, United
States Code, is amended by inserting after the item relating to
section 1761 the following new item:
``1762. Demonstration project relating to certain acquisition personnel
management policies and procedures.''.
(b) Conforming Repeal.--Section 4308 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C.
1701 note) is repealed.
SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILITARY PERSONNEL
IN THE ACQUISITION WORKFORCE.
(a) Career Paths.--
(1) Amendment.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1722a the following new
section:
``Sec. 1722b. Special requirements for civilian employees in the
acquisition field
``(a) Requirement for Policy and Guidance Regarding Civilian
Personnel in Acquisition.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
shall establish policies and issue guidance to ensure the proper
development, assignment, and employment of civilian members of the
acquisition workforce to achieve the objectives specified in subsection
(b).
``(b) Objectives.--Policies established and guidance issued pursuant
to subsection (a) shall ensure, at a minimum, the following:
``(1) A career path in the acquisition field that attracts
the highest quality civilian personnel, from either within or
outside the Federal Government.
``(2) A deliberate workforce development strategy that
increases attainment of key experiences that contribute to a
highly qualified acquisition workforce.
``(3) Sufficient opportunities for promotion and advancement
in the acquisition field.
``(4) A sufficient number of qualified, trained members
eligible for and active in the acquisition field to ensure
adequate
[[Page 124 STAT. 4303]]
capacity, capability, and effective succession for acquisition
functions, including contingency contracting, of the Department
of Defense.
``(5) A deliberate workforce development strategy that
ensures diversity in promotion, advancement, and experiential
opportunities commensurate with the general workforce outlined
in this section.
``(c) Inclusion of Information in Annual Report.--The Secretary of
Defense shall include in the report to Congress required under section
115b(d) of this title the following information related to the
acquisition workforce for the period covered by the report (which shall
be shown for the Department of Defense as a whole and separately for the
Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the
Secretary of Defense):
``(1) The total number of persons serving in the Acquisition
Corps, set forth separately for members of the armed forces and
civilian employees, by grade level and by functional specialty.
``(2) The total number of critical acquisition positions
held, set forth separately for members of the armed forces and
civilian employees, by grade level and by other appropriate
categories (including by program manager, deputy program
manager, and division head positions), including average length
of time served in each position. For each such category, the
report shall specify the number of civilians holding such
positions compared to the total number of positions filled.
``(3) The number of employees to whom the requirements of
subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this
title did not apply because of the exceptions provided in
paragraphs (1) and (2) of section 1732(c) of this title, set
forth separately by type of exception.
``(4) The number of times a waiver authority was exercised
under section 1724(d), 1732(d), 1734(d), or 1736(c) of this
title or any other provision of this chapter (or other provision
of law) which permits the waiver of any requirement relating to
the acquisition workforce, and in the case of each such
authority, the reasons for exercising the authority. The
Secretary may present the information provided under this
paragraph by category or grouping of types of waivers and
reasons.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 87 of such title is
amended by inserting after the item relating to section 1722a
the following new item:
``1722b. Special requirements for civilian employees in the acquisition
field.''.
(b) Career Education and Training.--Section 1723 of such title is
amended by redesignating subsection (b) as subsection (c) and inserting
after subsection (a) the following new subsection:
``(b) Career Path Requirements.--For each career path, the Secretary
of Defense, acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall establish requirements for
the completion of course work and related on-the-job training and
demonstration of qualifications in the critical acquisition-related
duties and tasks of the career path. The Secretary of Defense, acting
through the Under Secretary, shall also--
[[Page 124 STAT. 4304]]
``(1) encourage individuals in the acquisition workforce to
maintain the currency of their acquisition knowledge and
generally enhance their knowledge of related acquisition
management disciplines through academic programs and other self-
developmental activities; and
``(2) develop key work experiences, including the creation
of a program sponsored by the Department of Defense that
facilitates the periodic interaction between individuals in the
acquisition workforce and the end user in such end user's
environment to enhance the knowledge base of such workforce, for
individuals in the acquisition workforce so that the individuals
may gain in-depth knowledge and experience in the acquisition
process and become seasoned, well-qualified members of the
acquisition workforce.''.
SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS.
(a) Continuing Education.--Section 1723 of title 10, United States
Code, as amended by section 873, is further amended by amending
subsection (a) to read as follows:
``(a) Qualification Requirements.--(1) The Secretary of Defense
shall establish education, training, and experience requirements for
each acquisition position, based on the level of complexity of duties
carried out in the position. In establishing such requirements, the
Secretary shall ensure the availability and sufficiency of training in
all areas of acquisition, including additional training courses with an
emphasis on services contracting, market research strategies (including
assessments of local contracting capabilities), long-term sustainment
strategies, information technology, and rapid acquisition.
``(2) In establishing such requirements for positions other than
critical acquisition positions designated pursuant to section 1733 of
this title, the Secretary may state the requirements by categories of
positions.
``(3) The Secretary of Defense, acting through the Under Secretary
of Defense for Acquisition, Technology, and Logistics, shall establish
requirements for continuing education and periodic renewal of an
individual's certification. Any requirement for a certification renewal
shall not require a renewal more often than once every five years.''.
(b) Standards for Training.--
(1) In general.--Subchapter IV of Chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1748. Fulfillment standards for acquisition workforce
training
``The Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition, Technology, and Logistics, shall develop
fulfillment standards, and implement and maintain a program, for
purposes of the training requirements of sections 1723, 1724, and 1735
of this title. Such fulfillment standards shall consist of criteria for
determining whether an individual has demonstrated competence in the
areas that would be taught in the training courses required under those
sections. If an individual meets the appropriate fulfillment standard,
the applicable training requirement is fulfilled.''.
[[Page 124 STAT. 4305]]
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end the
following new item:
``1748. Fulfillment standards for acquisition workforce training.''.
(3) <<NOTE: 10 USC 1748 note.>> Deadline for fulfillment
standards.--The fulfillment standards required under section
1748 of title 10, United States Code, as added by paragraph (1),
shall be developed not later than 270 days after the date of the
enactment of this Act.
(4) Conforming repeal.--Section 853 of Public Law 105-85
(111 Stat. 1851) <<NOTE: 10 USC 1723 note.>> is repealed.
SEC. 875. <<NOTE: 10 USC 1723 note.>> INFORMATION TECHNOLOGY
ACQUISITION WORKFORCE.
(a) Plan Required.--The Secretary of Defense shall develop and carry
out a plan to strengthen the part of the acquisition workforce that
specializes in information technology. The plan shall include the
following:
(1) Defined targets for billets devoted to information
technology acquisition.
(2) Specific certification requirements for individuals in
the acquisition workforce who specialize in information
technology acquisition.
(3) Defined career paths for individuals in the acquisition
workforce who specialize in information technology acquisitions.
(b) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
provided such term in section 11101 of title 40, United States
Code, and includes information technology incorporated into a
major weapon system.
(2) The term ``major weapon system'' has the meaning
provided such term in section 2379(f) of title 10, United States
Code.
(c) Deadline.--The Secretary of Defense shall develop the plan
required under this section not later than 270 days after the date of
the enactment of this Act.
SEC. 876. DEFINITION OF ACQUISITION WORKFORCE.
Section 101(a) of title 10, United States Code, is amended by
inserting after paragraph (17) the following new paragraph:
``(18) The term `acquisition workforce' means the persons
serving in acquisition positions within the Department of
Defense, as designated pursuant to section 1721(a) of this
title.''.
SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.
(a) <<NOTE: Deadline.>> Curriculum Review.--Not later than one year
after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall lead a review
of the curriculum offered by the Defense Acquisition University to
ensure it adequately supports the training and education requirements of
acquisition professionals, particularly in service contracting, long
term sustainment strategies, information technology, and rapid
acquisition. The review shall also involve the service acquisition
executives of each military department.
(b) Analysis of Funding Requirements for Training.--Following the
review conducted under subsection (a), the Secretary of Defense shall
analyze the most recent future-years defense program to determine the
amounts of estimated expenditures and
[[Page 124 STAT. 4306]]
proposed appropriations necessary to support the training requirements
of the amendments made by section 874, including any new training
requirements determined after the review conducted under subsection (a).
The Secretary shall identify any additional funding needed for such
training requirements in the separate chapter on the defense acquisition
workforce required in the next annual strategic workforce plan under
115b of title 10, United States Code.
(c) Requirement for Ongoing Curriculum Development With Certain
Schools.--
(1) Requirement.--Section 1746 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Curriculum Development.--The President of the Defense
Acquisition University shall work with the relevant professional schools
and degree-granting institutions of the Department of Defense and
military departments to ensure that best practices are used in
curriculum development to support acquisition workforce positions.''.
(2) Amendment to section heading.--(A) The heading of
section 1746 of such title is amended to read as follows:
``Sec. 1746. Defense Acquisition University''.
(B) The item relating to section 1746 in the table of
sections at the beginning of subchapter IV of chapter 87 of such
title is amended to read as follows:
``1746. Defense Acquisition University.''.
PART III--FINANCIAL MANAGEMENT
SEC. 881. <<NOTE: 10 USC 2222 note.>> AUDIT READINESS OF
FINANCIAL STATEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) Interim Milestones.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 90
days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller), in consultation with the
Deputy Chief Management Officer of the Department of Defense,
the secretaries of the military departments, and the heads of
the defense agencies and defense field activities, shall
establish interim milestones for achieving audit readiness of
the financial statements of the Department of Defense,
consistent with the requirements of section 1003 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(2) Matters included.--The interim milestones established
pursuant to paragraph (1) shall include, at a minimum, for each
military department and for the defense agencies and defense
field activities--
(A) an interim milestone for achieving audit
readiness for each major element of the statement of
budgetary resources, including civilian pay, military
pay, supply orders, contracts, and funds balance with
the Treasury; and
(B) an interim milestone for addressing the
existence and completeness of each major category of
Department of Defense assets, including military
equipment, real property, inventory, and operating
material and supplies.
[[Page 124 STAT. 4307]]
(3) Description in semiannual reports.--The Under Secretary
shall describe each interim milestone established pursuant to
paragraph (1) in the next semiannual report submitted pursuant
to section 1003(b) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C.
2222 note). Each subsequent semiannual report submitted pursuant
to section 1003(b) shall explain how the Department has
progressed toward meeting such interim milestones.
(b) Valuation of Department of Defense Assets.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 120
days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall, in consultation with
other appropriate Federal agencies and officials--
(A) examine the costs and benefits of alternative
approaches to the valuation of Department of Defense
assets;
(B) select an approach to such valuation that is
consistent with principles of sound financial management
and the conservation of taxpayer resources; and
(C) begin the preparation of a business case
analysis supporting the selected approach.
(2) The Under Secretary shall include information on the
alternatives considered, the selected approach, and the business
case analysis supporting that approach in the next semiannual
report submitted pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(c) Remedial Actions Required.--In the event that the Department of
Defense, or any component of the Department of Defense, is unable to
meet an interim milestone established pursuant to subsection (a), the
Under Secretary of Defense (Comptroller) shall--
(1) develop a remediation plan to ensure that--
(A) the component will meet the interim milestone no
more than one year after the originally scheduled date;
and
(B) the component's failure to meet the interim
milestone will not have an adverse impact on the
Department's ability to carry out the plan under section
1003(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10
U.S.C. 2222 note); and
(2) include in the next semiannual report submitted pursuant
to section 1003(b) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C.
2222 note)--
(A) a statement of the reasons why the Department of
Defense, or component of the Department of Defense, will
be unable to meet such interim milestone;
(B) the revised completion date for meeting such
interim milestone; and
(C) a description of the actions that have been
taken and are planned to be taken by the Department of
Defense, or component of the Department of Defense, to
meet such interim milestone.
(d) Incentives for Achieving Auditability.--
[[Page 124 STAT. 4308]]
(1) <<NOTE: Deadlines.>> Review required.--Not later than
120 days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall review options for
providing appropriate incentives to the military departments,
Defense Agencies, and defense field activities to ensure that
financial statements are validated as ready for audit earlier
than September 30, 2017.
(2) Options reviewed.--The review performed pursuant to
paragraph (1) shall consider changes in policy that reflect the
increased confidence that can be placed in auditable financial
statements, and shall include, at a minimum, consideration of
the following options:
(A) Consistent with the need to fund urgent
warfighter requirements and operational needs, priority
in the release of appropriated funds.
(B) Relief from the frequency of financial reporting
in cases in which such reporting is not required by law.
(C) Relief from departmental obligation and
expenditure thresholds to the extent that such
thresholds establish requirements more restrictive than
those required by law.
(D) Increases in thresholds for reprogramming of
funds.
(E) Personnel management incentives for the
financial and business management workforce.
(F) Such other measures as the Under Secretary
considers appropriate.
(3) Report.--The Under Secretary shall include a discussion
of the review performed pursuant to paragraph (1) in the next
semiannual report pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note) and for each option
considered pursuant to paragraph (2) shall include--
(A) an assessment of the extent to which the
implementation of the option--
(i) would be consistent with the efficient
operation of the Department of Defense and the
effective funding of essential Department of
Defense programs and activities; and
(ii) would contribute to the achievement of
Department of Defense goals to prepare auditable
financial statements; and
(B) a recommendation on whether such option should
be adopted, a schedule for implementing the option if
adoption is recommended, or a reason for not
recommending the option if adoption is not recommended.
SEC. 882. <<NOTE: 10 USC 2222 note.>> REVIEW OF OBLIGATION AND
EXPENDITURE THRESHOLDS.
(a) <<NOTE: Deadline.>> Process Review.--Not later than one year
after the date of the enactment of this Act, the Chief Management
Officer of the Department of Defense, in coordination with the Chief
Management Officer of each military department, the Director of the
Office of Performance Assessment and Root Cause Analysis, the Under
Secretary of Defense (Comptroller), and the Comptrollers of the military
departments, shall complete a comprehensive review of the use and value
of obligation and expenditure benchmarks and propose new benchmarks or
processes for tracking financial performance, including, as
appropriate--
[[Page 124 STAT. 4309]]
(1) increased reliance on individual obligation and
expenditure plans for measuring program financial performance;
(2) mechanisms to improve funding stability and to increase
the predictability of the release of funding for obligation and
expenditure; and
(3) streamlined mechanisms for a program manager to submit
an appeal for funding changes and to have such appeal evaluated
promptly.
(b) Training.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense
(Comptroller) shall ensure that, as part of the training required for
program managers and business managers, an emphasis is placed on
obligating and expending appropriated funds in a manner that achieves
the best value for the Government and that the purpose and limitations
of obligation and expenditure benchmarks are made clear.
(c) Report.--The Deputy Chief Management Officer of the Department
of Defense shall include a report on the results of the review under
this section in the next update of the strategic management plan
transmitted to the Committees on Armed Services of the Senate and the
House of Representatives under section 904(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
275; 10 U.S.C. note prec. 2201) after the completion of the review.
SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST OF DEPARTMENT OF
DEFENSE HEALTH CARE CONTRACTS.
(a) Report.--
(1) Requirement.--Not later than September 30, 2011, the
Comptroller General of the United States shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a detailed report
on the additional cost to the Department of Defense associated
with compliance with the Patient Protection and Affordable Care
Act (Public Law 111-148) and the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152).
(2) Matters covered.--The report required by paragraph (1)
shall include an estimate of--
(A) the additional costs, if any, incurred on health
care contracts to comply with such Acts; and
(B) any other additional costs to the Department of
Defense to comply with such Acts.
(b) Health Care Contract Defined.--In this section, the term
``health care contract'' means a contract awarded by the Department of
Defense in an amount greater than the simplified acquisition threshold
for the acquisition of any of the following:
(1) Medical supplies.
(2) Health care services and administration, including the
services of medical personnel.
(3) Durable medical equipment.
(4) Pharmaceuticals.
(5) Health care-related information technology.
[[Page 124 STAT. 4310]]
PART IV--INDUSTRIAL BASE
SEC. 891. <<NOTE: 10 USC 2501 note.>> EXPANSION OF THE INDUSTRIAL
BASE.
(a) Program To Expand Industrial Base Required.--The Secretary of
Defense shall establish a program to expand the industrial base of the
Department of Defense to increase the Department's access to innovation
and the benefits of competition.
(b) Identifying and Communicating With Firms That Are Not
Traditional Suppliers.--The program established under subsection (a)
shall use tools and resources available within the Federal Government
and available from the private sector to provide a capability for
identifying and communicating with firms that are not traditional
suppliers, including commercial firms and firms of all business sizes,
that are engaged in markets of importance to the Department of Defense
in which such firms can make a significant contribution.
(c) Outreach to Local Firms Near Defense Installations.--The program
established under subsection (a) shall include outreach, using
procurement technical assistance centers, to firms of all business sizes
in the vicinity of Department of Defense installations regarding
opportunities to obtain contracts and subcontracts to perform work at
such installations.
(d) Industrial Base Review.--The program established under
subsection (a) shall include a continuous effort to review the
industrial base supporting the Department of Defense, including the
identification of markets of importance to the Department of Defense in
which firms that are not traditional suppliers can make a significant
contribution.
(e) Firms That Are Not Traditional Suppliers.--For purposes of this
section, a firm is not a traditional supplier of the Department of
Defense if it does not currently have contracts and subcontracts to
perform work for the Department of Defense with a total combined value
in excess of $500,000.
(f) <<NOTE: Definition.>> Procurement Technical Assistance
Center.--In this section, the term ``procurement technical assistance
center'' means a center operating under a cooperative agreement with the
Defense Logistics Agency to provide procurement technical assistance
pursuant to the authority provided in chapter 142 of title 10, United
States Code.
SEC. 892. <<NOTE: 10 USC 2306a note.>> PRICE TREND ANALYSIS FOR
SUPPLIES AND EQUIPMENT PURCHASED BY THE
DEPARTMENT OF DEFENSE.
(a) Price Trend Analysis Procedures.--
(1) In general.--The Secretary of Defense shall develop and
implement procedures that, to the maximum extent practicable,
provide for the collection and analysis of information on price
trends for covered supplies and equipment purchased by the
Department of Defense. The procedures shall include an automated
process for identifying categories of covered supplies and
equipment described in paragraph (2) that have experienced
significant escalation in prices.
(2) Category of covered supplies and equipment.--A category
of covered supplies and equipment referred to in paragraph (1)
consists of covered supplies and equipment that have the same
National Stock Number, are in a single Federal Supply Group or
Federal Supply Class, are provided by a single
[[Page 124 STAT. 4311]]
contractor, or are otherwise logically grouped for the purpose
of analyzing information on price trends.
(3) Requirement to examine causes of escalation.--An
analysis conducted pursuant to paragraph (1) shall include, for
any category in which significant escalation in prices is
identified, a more detailed examination of the causes of
escalation for such prices within the category and whether such
price escalation is consistent across the Department of Defense.
(4) Requirement to address unjustified escalation.--The head
of a Defense Agency or the Secretary of a military department
shall take appropriate action to address any unjustified
escalation in prices being paid for items procured by that
agency or military department as identified in an analysis
conducted pursuant to paragraph (1).
(b) Annual Report.--Not later than April 1 of each year, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the analyses of price trends that were
conducted for categories of covered supplies and equipment during the
preceding fiscal year under the procedures implemented pursuant to
paragraph (1). The report shall include a description of the actions
taken to identify and address any unjustified price escalation for the
categories of items.
(c) Definitions.--In this section:
(1) Supplies and equipment.--The term ``supplies and
equipment'' means items classified as supplies and equipment
under the Federal Supply Classification System.
(2) Covered supplies and equipment.--The term ``covered
supplies and equipment'' means all supplies and equipment
purchased by the Department of Defense. The term does not
include major weapon systems but does include individual parts
and components purchased as spare or replenishment parts for
such weapon systems.
(d) Sunset Date.--This section shall not be in effect on and after
April 1, 2015.
SEC. 893. <<NOTE: 10 USC 2302 note.>> CONTRACTOR BUSINESS
SYSTEMS.
(a) <<NOTE: Deadline.>> Improvement Program.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall develop and initiate a program for the improvement of
contractor business systems to ensure that such systems provide timely,
reliable information for the management of Department of Defense
programs by the contractor and by the Department.
(b) Approval or Disapproval of Business Systems.--The program
developed pursuant to subsection (a) shall--
(1) include system requirements for each type of contractor
business system covered by the program;
(2) establish a process for reviewing contractor business
systems and identifying significant deficiencies in such
systems;
(3) identify officials of the Department of Defense who are
responsible for the approval or disapproval of contractor
business systems;
(4) provide for the approval of any contractor business
system that does not have a significant deficiency; and
(5) provide for--
(A) the disapproval of any contractor business
system that has a significant deficiency; and
[[Page 124 STAT. 4312]]
(B) reduced reliance on, and enhanced scrutiny of,
data provided by a contractor business system that has
been disapproved.
(c) Remedial Actions.--The program developed pursuant to subsection
(a) shall provide the following:
(1) In the event a contractor business system is disapproved
pursuant to subsection (b)(5), appropriate officials of the
Department of Defense will be available to work with the
contractor to develop a corrective action plan defining specific
actions to be taken to address the significant deficiencies
identified in the system and a schedule for the implementation
of such actions.
(2) An appropriate official of the Department of Defense may
withhold up to 10 percent of progress payments, performance-
based payments, and interim payments under covered contracts
from a covered contractor, as needed to protect the interests of
the Department and ensure compliance, if one or more of the
contractor business systems of the contractor has been
disapproved pursuant to subsection (b)(5) and has not
subsequently received approval.
(3) The amount of funds to be withheld under paragraph (2)
shall be reduced if a contractor adopts an effective corrective
action plan pursuant to paragraph (1) and is effectively
implementing such plan.
(d) Guidance and Training.--The program developed pursuant to
subsection (a) shall provide guidance and training to appropriate
government officials on the data that is produced by contractor business
systems and the manner in which such data should be used to effectively
manage Department of Defense programs.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit an official of the Department of Defense from
reviewing, approving, or disapproving a contractor business system
pursuant to any applicable law or regulation in force as of the date of
the enactment of this Act during the period between the date of the
enactment of this Act and the date on which the Secretary implements the
requirements of this section with respect to such system.
(f) Definitions.--In this section:
(1) The term ``contractor business system'' means an
accounting system, estimating system, purchasing system, earned
value management system, material management and accounting
system, or property management system of a contractor.
(2) The term ``covered contractor'' means a contractor that
is subject to the cost accounting standards under section 26 of
the Office of Federal Procurement Policy Act (41 U.S.C. 422).
(3) The term ``covered contract'' means a cost-reimbursement
contract, incentive-type contract, time-and-materials contract,
or labor-hour contract that could be affected if the data
produced by a contractor business system has a significant
deficiency.
(4) The term ``significant deficiency'', in the case of a
contractor business system, means a shortcoming in the system
that materially affects the ability of officials of the
Department of Defense and the contractor to rely upon
information produced by the system that is needed for management
purposes.
[[Page 124 STAT. 4313]]
(g) Defense Contract Audit Agency Legal Resources and Expertise.--
(1) Requirement.--The Secretary of Defense shall ensure
that--
(A) the Defense Contract Audit Agency has sufficient
legal resources and expertise to conduct its work in
compliance with applicable Department of Defense
policies and procedures; and
(B) such resources and expertise are provided in a
manner that is consistent with the audit independence of
the Defense Contract Audit Agency.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the steps taken to comply with the
requirements of this subsection.
SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMINATING BARRIERS TO
CONTRACTING WITH THE DEPARTMENT OF
DEFENSE.
(a) Review and Recommendations.--The Secretary of Defense, acting
through the Director of Small Business Programs in the Department of
Defense, shall review barriers to firms that are not traditional
suppliers to the Department of Defense wishing to contract with the
Department of Defense and its defense supply centers and develop a set
of recommendations on the elimination of such
barriers. <<NOTE: Consultation.>> The Director shall identify and
consult with a wide range of firms that are not traditional suppliers to
the Department of Defense for the purpose of identifying such barriers
and developing such recommendations.
(b) Definition.--For the purposes of this section, a firm is not a
traditional supplier of the Department of Defense if it does not
currently have contracts and subcontracts to perform work for the
Department of Defense with a total combined value in excess of $500,000.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
summarizing the findings and recommendations of the review conducted
pursuant to this section.
SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES AND INFORMATION
TECHNOLOGY IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Revised Definitions.--Section 2500 of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``or maintenance'' and
inserting ``integration, services, or information technology'';
(2) in paragraph (4), by striking ``or production'' and
inserting ``production, integration, services, or information
technology'';
(3) in paragraph (9)(A), by striking ``and manufacturing''
and inserting ``manufacturing, integration, services, and
information technology''; and
(4) by adding at the end the following new paragraph:
``(15) The term `integration' means the process of providing
systems engineering and technical direction for a system for the
purpose of achieving capabilities that satisfy program
requirements.''.
[[Page 124 STAT. 4314]]
(b) <<NOTE: 10 USC 2501.>> Revised Objectives.--Section 2501(a) of
such title is amended--
(1) in paragraph (1), by striking ``Supplying and
equipping'' and inserting ``Supplying, equipping, and
supporting'';
(2) in paragraph (2), by striking ``and logistics for'' and
inserting ``logistics, and other activities in support of'';
(3) in paragraph (4), by striking ``and produce'' and
inserting ``, produce, and support''; and
(4) by redesignating paragraph (6) as paragraph (8) and
inserting after paragraph (5) the following new paragraphs:
``(6) Providing for the generation of services capabilities
that are not core functions of the armed forces and that are
critical to military operations within the national technology
and industrial base.
``(7) Providing for the development, production, and
integration of information technology within the national
technology and industrial base.''.
(c) Revised Assessments.--Section 2505(b)(4) of such title is
amended by inserting after ``of this title)'' the following ``or major
automated information system programs (as defined in section 2445a of
this title)''.
(d) Revised Policy Guidance.--Section 2506(a) of such title is
amended by striking ``budget allocation, weapons'' and inserting
``strategy, management, budget allocation,''.
SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING
AND INDUSTRIAL BASE POLICY; INDUSTRIAL
BASE FUND.
(a) Deputy Assistant Secretary of Defense.--Chapter 7 of title 10,
United States Code, is amended by inserting after section 139d the
following new section:
``Sec. 139e. Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy
``(a) Appointment.--There is a Deputy Assistant Secretary of Defense
for Manufacturing and Industrial Base Policy, who shall be appointed by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics and shall report to the Under Secretary.
``(b) Responsibilities.--The Deputy Assistant Secretary of Defense
for Manufacturing and Industrial Base Policy shall be the principal
advisor to the Under Secretary of Defense for Acquisition, Technology,
and Logistics in the performance of the Under Secretary's duties
relating to the following:
``(1) Providing input on industrial base matters to strategy
reviews, including quadrennial defense reviews conducted
pursuant to section 118 of this title.
``(2) Establishing policies of the Department of Defense for
maintenance of the defense industrial base of the United States.
``(3) Providing recommendations to the Under Secretary on
budget matters pertaining to the industrial base.
``(4) Providing recommendations to the Under Secretary on
supply chain management and supply chain vulnerability.
``(5) Providing input on industrial base matters to defense
acquisition policy guidance.
[[Page 124 STAT. 4315]]
``(6) Establishing the national security objectives
concerning the national technology and industrial base required
under section 2501 of this title.
``(7) Executing the national defense program for analysis of
the national technology and industrial base required under
section 2503 of this title.
``(8) Performing the national technology and industrial base
periodic defense capability assessments required under section
2505 of this title.
``(9) Establishing the technology and industrial base policy
guidance required under section 2506 of this title.
``(10) Executing the authorities of the Manufacturing
Technology Program under section 2521 of this title.
``(11) Carrying out the activities of the Department of
Defense relating to the Defense Production Act Committee
established under section 722 of the Defense Production Act of
1950 (50 U.S.C. App. 2171).
``(12) Consistent with section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2062(b)), executing other
applicable authorities provided under the Defense Production Act
of 1950 (50 U.S.C. App. 2061 et seq.), including authorities
under titles I and II of such Act.
``(13) Establishing policies related to international
technology security and export control issues.
``(14) Establishing policies related to industrial
independent research and development programs under section 2372
of this title.
``(15) Such other duties as are assigned by the Under
Secretary.
``(c) Rule of Construction.--Nothing in subsection (b)(9) may be
construed to limit the authority or modify the policies of the Committee
on Foreign Investment in the United States established under section
721(k) of the Defense Production Act of 1950 (50 U.S.C. App.
2170(k)).''.
(b) Industrial Base Fund.--
(1) In general.--Chapter 148 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2508. Industrial Base Fund
``(a) Establishment.--The Secretary of Defense shall establish an
Industrial Base Fund (in this section referred to as the `Fund').
``(b) Control of Fund.--The Fund shall be under the control of the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
acting through the Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy.
``(c) Amounts in Fund.--The Fund shall consist of amounts
appropriated or otherwise made available to the Fund.
``(d) Use of Fund.--Subject to subsection (e), the Fund shall be
used--
``(1) to support the monitoring and assessment of the
industrial base required by this chapter;
``(2) to address critical issues in the industrial base
relating to urgent operational needs;
``(3) to support efforts to expand the industrial base; and
``(4) to address supply chain vulnerabilities.
[[Page 124 STAT. 4316]]
``(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) <<NOTE: Procedures.>> Expenditures.--The Secretary shall
establish procedures for expending monies in the Fund in support of the
uses identified in subsection (d), including the following:
``(1) Direct obligations from the Fund.
``(2) Transfers of monies from the Fund to relevant
appropriations of the Department of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2508. Industrial Base Fund.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational Environmental
Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber events.
Subtitle E--Other Matters
Sec. 941. Two-year extension of authorities relating to temporary waiver
of reimbursement of costs of activities for nongovernmental
personnel at Department of Defense Regional Centers for
Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
[[Page 124 STAT. 4317]]
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.
Subtitle A--Department of Defense Management
SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE TO
CARRY OUT REDUCTION REQUIRED BY LAW IN
NUMBER OF DEPUTY UNDER SECRETARIES OF
DEFENSE.
(a) <<NOTE: 10 USC 131 note.>> Redesignation of Certain Positions
in Office of Secretary of Defense.--
(1) Redesignation.--Positions in the Office of the Secretary
of Defense are hereby redesignated as follows:
(A) The Director of Defense Research and Engineering
is redesignated as the Assistant Secretary of Defense
for Research and Engineering.
(B) The Director of Operational Energy Plans and
Programs is redesignated as the Assistant Secretary of
Defense for Operational Energy Plans and Programs.
(C) The Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs is
redesignated as the Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs.
(2) <<NOTE: 5 USC 3104 note; 10 USC 1071 note, 2358
note, 2362, 2521 and note, 2925; 20 USC 9631; 22 USC 2751
note.>> References.--Any reference in any law, rule,
regulation, paper, or other record of the United States to an
office of the Department of Defense redesignated by paragraph
(1) shall be deemed to be a reference to such office as so
redesignated.
(b) Amendments to Chapter 4 of Title 10 Relating to
Reorganization.--
(1) Repeal of separate principal deputy under secretary of
defense provisions.--Sections 133a, 134a, and 136a of title 10,
United States Code, are repealed.
(2) Components of osd.--Subsection (b) of section 131 of
such title is amended to read as follows:
``(b) The Office of the Secretary of Defense is composed of the
following:
``(1) The Deputy Secretary of Defense.
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel
and Readiness.
``(E) The Under Secretary of Defense for
Intelligence.
``(3) The Deputy Chief Management Officer of the Department
of Defense.
``(4) <<NOTE: Appointments. President.>> Other officers who
are appointed by the President, by and with the advice and
consent of the Senate, and who report directly to the Secretary
and Deputy Secretary without intervening authority, as follows:
[[Page 124 STAT. 4318]]
``(A) The Director of Cost Assessment and Program
Evaluation.
``(B) The Director of Operational Test and
Evaluation.
``(C) The General Counsel of the Department of
Defense.
``(D) The Inspector General of the Department of
Defense.
``(5) The Principal Deputy Under Secretaries of Defense.
``(6) The Assistant Secretaries of Defense.
``(7) Other officials provided for by law, as follows:
``(A) The Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation appointed pursuant to
section 139b(a) of this title.
``(B) The Deputy Assistant Secretary of Defense for
Systems Engineering appointed pursuant to section
139b(b) of this title.
``(C) The Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy appointed
pursuant to section 139c of this title.
``(D) The Director of Small Business Programs
appointed pursuant to section 144 of this title.
``(E) The official designated under section 1501(a)
of this title to have responsibility for Department of
Defense matters relating to missing persons as set forth
in section 1501 of this title.
``(F) The Director of Family Policy under section
1781 of this title.
``(G) The Director of the Office of Corrosion Policy
and Oversight assigned pursuant to section 2228(a) of
this title.
``(H) The official designated under section 2438(a)
of this title to have responsibility for conducting and
overseeing performance assessments and root cause
analyses for major defense acquisition programs.
``(8) Such other offices and officials as may be established
by law or the Secretary of Defense may establish or designate in
the Office.''.
(3) Principal deputy under secretaries of defense.--Section
137a of such title <<NOTE: 10 USC 137.>> is amended--
(A) in subsections (a)(1), (b), and (d), by striking
``Deputy Under'' and inserting ``Principal Deputy
Under'';
(B) in subsection (a)(2), by striking ``(A) The''
and all that follows through ``(5) of subsection (c)''
and inserting ``The Principal Deputy Under Secretaries
of Defense'';
(C) in subsection (c)--
(i) in paragraphs (1), (2), (3), (4), and (5),
by striking ``One of the Deputy'' and inserting
``One of the Principal Deputy'';
(ii) in paragraphs (1), (2), and (3), by
striking ``appointed'' and all that follows
through ``this title'';
(iii) in paragraphs (4) and (5), by striking
``shall be'' and inserting ``is''; and
(iv) in paragraph (5), by inserting before the
period at the end the following: ``, who shall be
appointed from among persons who have extensive
expertise in intelligence matters''; and
[[Page 124 STAT. 4319]]
(D) in subsection (d), by adding at the end the
following new sentence: ``The Principal Deputy Under
Secretaries shall take precedence among themselves in
the order prescribed by the Secretary of Defense.''.
(4) Assistant secretaries of defense generally.--Section 138
of such title is <<NOTE: 10 USC 138.>> amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``12'' and
inserting ``16''; and
(ii) in paragraph (2), by striking ``(A) The''
and all that follows through ``The other'' and
inserting ``The'';
(B) in subsection (b)--
(i) in paragraphs (2), (3), (4), (5), and (6),
by striking ``shall be'' and inserting ``is'';
(ii) in paragraph (7), by striking ``appointed
pursuant to section 138a of this title''; and
(iii) by adding at the end the following new
paragraphs:
``(8) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Research and Engineering. In addition
to any duties and powers prescribed under paragraph (1), the
Assistant Secretary of Defense for Research and Engineering
shall have the duties specified in section 138b of this title.
``(9) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Operational Energy Plans and Programs.
In addition to any duties and powers prescribed under paragraph
(1), the Assistant Secretary of Defense for Operational Energy
Plans and Programs shall have the duties specified in section
138c of this title.
``(10) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs. In addition to any duties and powers
prescribed under paragraph (1), the Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense Programs
shall have the duties specified in section 138d of this
title.''; and
(C) in subsection (d), by striking ``and the
Director of Defense Research and Engineering'' and
inserting ``the Deputy Chief Management Officer of the
Department of Defense, the officials serving in
positions specified in section 131(b)(4) of this title,
and the Principal Deputy Under Secretaries of Defense''.
(5) Assistant secretary for logistics and materiel
readiness.--Section 138a(a) of such title is amended--
(A) by striking ``There is a'' and inserting
``The''; and
(B) by striking ``, appointed from civilian life by
the President, by and with the advice and consent of the
Senate. The Assistant Secretary''.
(6) Assistant secretary for research and engineering.--
Section 139a of such title is transferred so as to appear after
section 138a, redesignated as section 138b, and amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively;
(C) in subsection (a), as so redesignated, by
striking ``Director of Defense Research and
Engineering'' and
[[Page 124 STAT. 4320]]
inserting ``Assistant Secretary of Defense for Research
and Engineering''; and
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking ``Director
of Defense Research and Engineering,'' and
inserting ``Assistant Secretary of Defense for
Research and Engineering,''; and
(ii) in paragraph (2), by striking
``Director'' and inserting ``Assistant
Secretary''.
(7) Assistant secretary for operational energy plans and
programs.--Section 139b of such title <<NOTE: 10 USC 139.>> is
transferred so as to appear after section 138b (as transferred
and redesignated by paragraph (6)), redesignated as section
138c, and amended--
(A) in subsection (a), by striking ``There is a''
and all that follows through ``The Director'' and
inserting ``The Assistant Secretary of Defense for
Operational Energy Plans and Programs'';
(B) by striking ``Director'' each place it appears
and inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than'' and all
that follows through ``military departments'' and
inserting ``The Secretary of each military
department'';
(ii) by striking ``who will'' and inserting
``who shall''; and
(iii) by inserting ``so designated'' after
``The officials''; and
(D) in subsection (d)(4), by striking ``The
initial'' and all that follows through ``updates to the
strategy'' and inserting ``Updates to the strategy
required by paragraph (1)''.
(8) Assistant secretary for nuclear, chemical, and
biological defense programs.--Section 142 of such title is
transferred so as to appear after section 138c (as redesignated
and transferred by paragraph (7)), redesignated as section 138d,
and amended--
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection
(a) and in that subsection, as so redesignated, by
striking ``The Assistant to the Secretary'' and
inserting ``The Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs'';
and
(C) by striking subsection (c) and inserting the
following new subsection (b):
``(b) The Assistant Secretary may communicate views on issues within
the responsibility of the Assistant Secretary directly to the Secretary
of Defense and the Deputy Secretary of Defense without obtaining the
approval or concurrence of any other official within the Department of
Defense.''.
(c) Deputy Chief Management Officer.--
(1) In general.--Chapter 4 of title 10, United States Code,
is further amended by inserting after section 132 the following
new section:
[[Page 124 STAT. 4321]]
``Sec. 132a. Deputy Chief Management Officer
``(a) <<NOTE: President.>> Appointment.--There is a Deputy Chief
Management Officer of the Department of Defense, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
``(b) Responsibilities.--The Deputy Chief Management Officer assists
the Deputy Secretary of Defense in the Deputy Secretary's capacity as
Chief Management Officer of the Department of Defense under section
132(c) of this title.
``(c) Precedence.--The Deputy Chief Management Officer takes
precedence in the Department of Defense after the Secretary of Defense,
the Deputy Secretary of Defense, the Secretaries of the military
departments, and the Under Secretaries of Defense.''.
(2) <<NOTE: 10 USC 132.>> Conforming amendment.--Section
132(c) of such title is amended by striking the second sentence.
(d) Senior Official Responsible for Performance Assessments and Root
Cause Analyses of MDAPs.--Section 103 of the Weapon Systems Acquisition
Reform Act of 2009 (Public Law 111-23; 123 Stat. 1715; 10 U.S.C. 2430
note) is transferred to chapter 144 of title 10, United States Code,
inserted so as to appear after section 2437, redesignated as section
2438, and amended--
(1) in subsection (b)(2), by striking ``section 2433a(a)(1)
of title 10, United States Code (as added by section 206(a) of
this Act)'' and inserting ``section 2433a(a)(1) of this title'';
(2) in subsection (b)(5)--
(A) by striking ``section 2433a of title 10, United
States Code (as so added)'' and inserting ``section
2433a of this title''; and
(B) by striking ``prior to'' both places it appears
and inserting ``before'';
(3) in subsection (d), by striking ``section 2433a of title
10, United States Code (as so added)'' and inserting ``section
2433a of this title''; and
(4) in subsection (f), by striking ``beginning in 2010,''.
(e) Redesignation of DDTE as Deputy Assistant Secretary for
Developmental Test and Evaluation and DSE as Deputy Assistant Secretary
of Defense for Systems Engineering.--Section 139d of title 10, United
States Code, is amended--
(1) by striking ``Director of Developmental Test and
Evaluation'' each place it appears and inserting ``Deputy
Assistant Secretary of Defense for Developmental Test and
Evaluation'';
(2) by striking ``Director of Systems Engineering'' each
place it appears and inserting ``Deputy Assistant Secretary of
Defense for Systems Engineering'';
(3) in subsection (a)--
(A) by striking the subsection heading and inserting
``Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation.--'';
(B) by striking ``Director'' each place it appears
in paragraphs (2), (3), and (6) and inserting ``Deputy
Assistant Secretary'';
(C) in paragraph (4), by striking the paragraph
heading and inserting ``Coordination with deputy
assistant secretary of defense for systems
engineering.--'';
(D) in paragraph (5), by striking ``Director'' in
the matter preceding subparagraph (A) and inserting
``Deputy Assistant Secretary''; and
[[Page 124 STAT. 4322]]
(E) in paragraph (6), by striking ``Director's'' and
inserting ``Deputy Assistant Secretary's''; and
(4) in subsection (b)--
(A) by striking the subsection heading and inserting
``Deputy Assistant Secretary of Defense for Systems
Engineering.--'';
(B) by striking ``Director'' each place it appears
in paragraphs (2), (3), (5), and (6) and inserting
``Deputy Assistant Secretary'';
(C) in paragraph (4), by striking the paragraph
heading and inserting ``Coordination with deputy
assistant secretary of defense for developmental test
and evaluation.--''; and
(D) in paragraph (6), by striking ``Director's'' and
inserting ``Deputy Assistant Secretary's''.
(f) Reorganization of Certain Provisions Within Chapter 4 To Account
for Other Transfers of Provisions.--Chapter 4 of title 10, United States
Code, is further amended by redesignating sections 139c, 139d (as
amended by subsection (e)), and 139e (as added by section 896 of this
Act) as sections 139a, 139b, and 139c, respectively.
(g) Repeal of Statutory Requirement for Office for Missing Personnel
in OSD.--Section 1501(a) of title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting the
following: ``Responsibility for Missing Personnel.--'';
(2) in paragraph (1)--
(A) <<NOTE: Designation.>> 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--
[[Page 124 STAT. 4323]]
(A) by striking ``of the office'' the first place it
appears; and
(B) by striking ``head of the office'' and inserting
``official designated under paragraph (1) and (2)'';
(6) in paragraph (4), as so redesignated--
(A) by striking ``office'' and inserting
``designated official''; and
(B) by inserting after ``evasion)'' the following:
``and for personnel accounting (including locating,
recovering, and identifying missing persons or their
remains after hostilities have ceased)'';
(7) in paragraph (5), as so redesignated, by striking
``office'' and inserting ``designated official''; and
(8) in paragraph (6), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting after ``(A)'' the following:
``The Secretary of Defense shall establish an
activity to account for personnel who are missing
or whose remains have not been recovered from the
conflict in which they were lost. This activity
shall be known as the Defense Prisoner of War/
Missing Personnel Office.''; and
(ii) by striking ``office'' both places it
appears and inserting ``activity'';
(B) in subparagraph (B)(i), by striking ``to the
office'' and inserting ``activity'';
(C) in subparagraph (B)(ii)--
(i) by striking ``to the office'' and
inserting ``activity''; and
(ii) by striking ``of the office'' and
inserting ``of the activity''; and
(D) in subparagraph (C), by striking ``office'' and
inserting ``activity''.
(h) Clarification of Head of Office for Family Policy.--Section 1781
of title 10, United States Code, is amended--
(1) in subsection (a), by striking the second sentence and
inserting the following new sentence: ``The office shall be
headed by the Director of Family Policy, who shall serve within
the office of the Under Secretary of Defense for Personnel and
Readiness.''; and
(2) by striking ``the Office'' each place it appears and
inserting ``the Director''.
(i) Modification of Statutory Limitation on Number of Deputy Under
Secretaries of Defense.--
(1) Delay in limitation on number of dusds.--Section
906(a)(2) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2426; 10 U.S.C. 137a
note) is amended by striking ``January 1, 2011'' and inserting
``January 1, 2015''.
(2) <<NOTE: Time period. 10 USC 137a note.>> Temporary
authority for additional dusds.--During the period beginning on
the date of the enactment of this Act and ending on January 1,
2015, the Secretary of Defense may, in the Secretary's
discretion, appoint not more than five Deputy Under Secretaries
of Defense in addition to the five Principal Deputy Under
Secretaries of Defense authorized by section 137a of title 10,
United States Code (as amended by subsection (b)(3)).
(3) Report on plan for reorganization of osd.--
[[Page 124 STAT. 4324]]
(A) Report required.--Not later than September 15,
2013, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House
of Representatives a report setting forth a plan for the
realignment of the organizational structure of the
Office of the Secretary of Defense to comply with the
requirement of section 906(a)(2) of the National Defense
Authorization Act for Fiscal Year 2010, as amended by
paragraph (1).
(B) Elements.--In preparing the report required by
subparagraph (A), the Secretary shall consider, at a
minimum, the feasibility of taking the following actions
on or before January 1, 2015:
(i) A merger of the position of Deputy Under
Secretary of Defense (Installations and
Environment) and the position of Assistant
Secretary of Defense for Operational Energy Plans
and Programs (as established in accordance with
the amendments made by subsection (b)(7)) into a
single Assistant Secretary position.
(ii) A realignment of positions within the
Office of the Under Secretary of Defense for
Policy to eliminate the position of Deputy Under
Secretary of Defense (Strategy, Plans, and
Forces).
(j) Other Conforming Amendments to Title 10.--
(1) Section 179(c) of title 10, United States Code, is
amended--
(A) in paragraphs (2) and (3), by striking
``Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs'' and inserting
``Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs''; and
(B) in paragraph (3), by striking ``that Assistant
to the Secretary'' and inserting ``Assistant
Secretary''.
(2) Section 2272 of such title is amended by striking
``Director of Defense Research and Engineering'' each place it
appears and inserting ``Assistant Secretary of Defense for
Research and Engineering''.
(3) Section 2365 of such title is amended--
(A) in subsection (a), by striking ``Director of
Defense Research and Engineering'' and inserting
``Assistant Secretary'';
(B) in subsection (d)(1), by striking ``Director''
and inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Director of Defense Research
and Engineering'' and inserting ``Assistant
Secretary of Defense for Research and
Engineering''; and
(ii) by striking ``Director may'' and
inserting ``Assistant Secretary may''; and
(D) in subsection (e), by striking ``Director'' and
inserting ``Assistant Secretary''.
(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and
2517(a) of such title are amended by striking ``Director of
Defense Research and Engineering'' and inserting ``Assistant
Secretary of Defense for Research and Engineering''.
(5) Section 2902(b) of such title is amended--
(A) in paragraph (1), by striking ``Deputy Under
Secretary of Defense for Science and Technology'' and
inserting
[[Page 124 STAT. 4325]]
``official within the Office of the Assistant Secretary
of Defense for Research and Engineering who is
responsible for science and technology''; and
(B) in paragraph (3), by striking ``Deputy Under
Secretary of Defense'' and inserting ``official within
the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics who is''.
(k) Section Heading and Clerical Amendments.--
(1) Section heading amendments.--
(A) The heading of section 137a of title 10, United
States Code, is amended to read as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
(B) The heading of section 138b of such title, as
transferred and redesignated by subsection (b)(6), is
amended to read as follows:
``Sec. 138b. Assistant Secretary of Defense for Research and
Engineering''.
(C) The heading of section 138c of such title, as
transferred and redesignated by subsection (b)(7), is
amended to read as follows:
``Sec. 138c. Assistant Secretary of Defense for Operational Energy
Plans and Programs''.
(D) The heading of section 138d of such title, as
transferred and redesignated by subsection (b)(8), is
amended to read as follows:
``Sec. 138d. Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs''.
(E) The section heading of section 139b of such
title, as redesignated by subsection (f), is amended to
read as follows:
``Sec. 139b. Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation; Deputy
Assistant Secretary of Defense for Systems
Engineering: joint guidance''.
(F) The heading of section 2438 of such title, as
transferred and redesignated by subsection (d), is
amended to read as follows:
``Sec. 2438. Performance assessments and root cause analyses''.
(2) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 4 of such title is amended--
(i) by inserting after the item relating to
section 132 the following new item:
``132a. Deputy Chief Management Officer.'';
(ii) by striking the items relating to
sections 133a, 134a, and 136a;
(iii) by striking the item relating to section
137a and inserting the following new item:
``137a. Principal Deputy Under Secretaries of Defense.'';
[[Page 124 STAT. 4326]]
(iv) by inserting after the item relating to
section 138a the following new items:
``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and
Programs.
``138d. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.'';
(v) by striking the items relating to sections
139a, 139b, 139c, and 139d and inserting the
following new items:
``139a. Director of Cost Assessment and Program Evaluation.
``139b. Deputy Assistant Secretary of Defense for Developmental Test and
Evaluation; Deputy Assistant Secretary of Defense for Systems
Engineering: joint guidance.
``139c. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.''; and
(vi) by striking the item relating to section
142.
(B) The table of sections at the beginning of
chapter 144 of such title is amended by inserting after
the item relating to section 2437 the following new
item:
``2438. Performance assessments and root cause analyses.''.
(l) Other Conforming Amendments.--
(1) Public law 111-23.--Section 102(b) of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat.
1714; 10 U.S.C. 2430 note) is amended--
(A) by striking ``Director of Developmental Test and
Evaluation and the Director of Systems Engineering''
each place it appears and inserting ``Deputy Assistant
Secretary of Defense for Developmental Test and
Evaluation and the Deputy Assistant Secretary of Defense
for Systems Engineering''; and
(B) in paragraph (3)--
(i) by striking the paragraph heading and
inserting ``Assessment of reports by deputy
assistant secretary of defense for developmental
test and evaluation and deputy assistant secretary
of defense for systems engineering.--''; and
(ii) by striking ``Directors'' and inserting
``Deputy Assistant Secretaries of Defense''.
(2) Public law 110-181.--Section 214 of the National Defense
Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) is
amended by striking ``Director of Defense Research and
Engineering'' and inserting ``Assistant Secretary of Defense for
Research and Engineering''.
(m) Technical Amendments.--
(1) Section 131(a) of title 10, United States Code, is
amended by striking ``his'' and inserting ``the Secretary's''.
(2) Section 132 of such title is amended by redesignating
subsection (d), as added by section 2831(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2669), as subsection (e).
(3) Section 135(c) of such title is amended by striking
``clauses'' and inserting ``paragraphs''.
(n) Executive Schedule Amendments.--
(1) Number of assistant secretary of defense positions.--
Section 5315 of title 5, United States Code, is amended
[[Page 124 STAT. 4327]]
by striking the item relating to Assistant Secretaries of
Defense and inserting the following new item:
``Assistant Secretaries of Defense (16).''.
(2) Positions redesignated as asd positions.--
(A) <<NOTE: 5 USC 5315.>> Section 5315 of such
title is further amended by striking the item relating
to Director of Defense Research and Engineering.
(B) Section 5316 of such title is amended by
striking the item relating to Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological
Defense Programs.
(3) Amendments to strike references to positions in senior
executive service.--Section 5316 of such title is further
amended--
(A) by striking the item relating to Director,
Defense Advanced Research Projects Agency, Department of
Defense;
(B) by striking the item relating to Deputy General
Counsel, Department of Defense;
(C) by striking the item relating to Deputy Under
Secretaries of Defense for Research and Engineering,
Department of Defense; and
(D) by striking the item relating to Special
Assistant to the Secretary of Defense.
(o) Inapplicability of Appointment Requirement to Certain
Individuals Serving on Effective Date.--
(1) <<NOTE: 10 USC 131 note.>> In general.--Notwithstanding
this section and the amendments made by this section, the
individual serving as specified in paragraph (2) on December 31,
2010, may continue to serve in the applicable position specified
in that paragraph after that date without the requirement for
appointment by the President, by and with the advice and consent
of the Senate.
(2) Covered individuals and positions.--The individuals and
positions specified in this paragraph are the following:
(A) In the case of the individual serving as
Director of Defense Research and Engineering, the
position of Assistant Secretary of Defense for Research
and Engineering.
(B) In the case of the individual serving as
Director of Operational Energy Plans and Programs, the
position of Assistant Secretary of Defense for
Operational Energy Plans and Programs.
(C) In the case of the individual serving as
Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs, the position
of Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs.
(p) <<NOTE: 10 USC 131 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on January 1, 2011.
(2) Certain matters.--Subsection (i) and the amendments made
by that subsection, and subsection (o), shall take effect on the
date of the enactment of this Act.
[[Page 124 STAT. 4328]]
Subtitle B--Space Activities
SEC. 911. <<NOTE: 10 USC 2271 note.>> INTEGRATED SPACE
ARCHITECTURES.
The Secretary of Defense and the Director of National Intelligence
shall develop an integrated process for national security space
architecture planning, development, coordination, and analysis that--
(1) encompasses defense and intelligence space plans,
programs, budgets, and organizations;
(2) provides mid-term to long-term recommendations to guide
space-related defense and intelligence acquisitions,
requirements, and investment decisions;
(3) is independent of, but coordinated with, the space
architecture planning, development, coordination, and analysis
activities of each military department and each element of the
intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))); and
(4) makes use of, to the maximum extent practicable, joint
duty assignment (as defined in section 668 of title 10, United
States Code) positions.
SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF TERMINATING
CONTRACTS UNDER THE NATIONAL POLAR-
ORBITING OPERATIONAL ENVIRONMENTAL
SATELLITE SYSTEM PROGRAM.
None of the funds authorized to be appropriated or otherwise made
available by this Act to the Secretary of Defense for the National
Polar-Orbiting Operational Environmental Satellite System Program may be
obligated or expended for the costs of terminating a contract awarded
under the Program unless the Secretary of Defense and the Secretary of
Commerce enter into an agreement under which the Secretary of Defense
and the Secretary of Commerce will each be responsible for half the
costs of terminating the contract.
SEC. 913. <<NOTE: 10 USC 2281 note.>> LIMITATION ON USE OF FUNDS
FOR PURCHASING GLOBAL POSITIONING SYSTEM
USER EQUIPMENT.
(a) In General.--Except as provided in subsections (b) and (c), none
of the funds authorized to be appropriated or otherwise made available
by this Act or any other Act for the Department of Defense may be
obligated or expended to purchase user equipment for the Global
Positioning System during fiscal years after fiscal year 2017 unless the
equipment is capable of receiving the military code (commonly known as
the ``M code'') from the Global Positioning System.
(b) Exception.--The limitation under subsection (a) shall not apply
with respect to the purchase of passenger vehicles or commercial
vehicles in which Global Positioning System equipment is installed.
(c) Waiver.--The Secretary of Defense may waive the limitation under
subsection (a) if the Secretary determines that--
(1) suitable user equipment capable of receiving the
military code from the Global Positioning System is not
available; or
(2) with respect to a purchase of user equipment, the
Department of Defense does not require that user equipment
[[Page 124 STAT. 4329]]
to be capable of receiving the military code from the Global
Positioning System.
SEC. 914. PLAN FOR INTEGRATION OF SPACE-BASED NUCLEAR DETECTION
SENSORS.
(a) In General.--The Secretary of Defense shall, in consultation
with the Director of National Intelligence and the Administrator for
Nuclear Security, submit to the congressional defense committees a plan
to integrate space-based nuclear detection sensors in a geosynchronous
orbit on the Space-Based Infrared System or other satellite platforms.
(b) Limitation on Use of Funds for the Space-Based Infrared
System.--
(1) In general.--Not more than 90 percent of the amounts
specified in paragraph (2) may be obligated or expended before
the date on which the Secretary of Defense submits to the
congressional defense committees the plan required by subsection
(a).
(2) Amounts specified.--The amounts specified in this
paragraph are the following:
(A) The amount authorized to be appropriated by
section 103 for procurement for the Air Force for
missiles for the Space-Based Infrared System.
(B) The amount authorized to be appropriated by
section 201 for research, development, test, and
evaluation for the Air Force for the Space-Based
Infrared System.
SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Administrator of the National Aeronautics and Space Administration,
submit to the appropriate committees of Congress a report on the impact
of the cancellation of the Constellation program of the National
Aeronautics and Space Administration on any anticipated next generation
mission requirements for missile defense interceptors, tactical and
strategic missiles, targets, and satellite and human spaceflight launch
vehicles.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description and assessment of the effects on
Department of Defense programs that utilize solid rocket motors
of the cancellation of the Ares I, the Ares V, or their solid
rocket alternatives or derivatives, and all supporting elements.
(2) A description of the plans of the Department of Defense
to mitigate the impact of the cancellation of the Ares I, the
Ares V, or their solid rocket alternatives or derivatives, and
all supporting elements, on the United States solid rocket motor
industrial base, including a description of the National
Aeronautics and Space Administration and Department of Defense
funding required to implement such plans between fiscal years
2012 and 2017.
(3) A description of the impact of the cancellation of the
Ares I, Ares V, or their solid rocket alternatives or
derivatives, and all supporting elements, on international
partners in programs such as the D-5 Trident missile.
(4) A detailed description of the source of the data used in
the report.
[[Page 124 STAT. 4330]]
(c) Appropriate Committees of Congress Defined.--In this subsection,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Commerce, Science, and
Transportation, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Science and
Technology, and Appropriations of the House of Representatives.
SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR
INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall develop an
implementation plan to sustain the solid rocket motor industrial base
that--
(1) is based on the recommendations included in the report
submitted to the congressional defense committees under section
1078 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2479); and
(2) includes a funding plan for carrying out the
implementation plan.
(b) Submittal to Congress.--The implementation plan required by
subsection (a) shall be submitted to Congress with the budget of the
President for fiscal year 2012 as submitted under section 1105(a) of
title 31, United States Code.
SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET
PROPULSION SYSTEMS INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall, in consultation
with the Administrator of the National Aeronautics and Space
Administration, review, and develop a plan to sustain, the liquid rocket
propulsion systems industrial base.
(b) Elements.--The review and plan required by subsection (a) shall
address the following:
(1) The capacity to maintain currently available liquid
rocket propulsion systems.
(2) The maintenance of an intellectual and engineering
capacity to support next generation liquid rocket propulsion
systems and engines, as needed.
(3) Opportunities for interagency collaboration and research
and development on future propulsion systems.
(c) <<NOTE: Deadline.>> Submittal to Congress.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the plan required by
subsection (a).
Subtitle C--Intelligence-Related Matters
SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES
AS SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES.
The second sentence of section 431(a) of title 10, United States
Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2015''.
SEC. 922. MODIFICATION OF ATTENDEES AT PROCEEDINGS OF
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE INTEGRATION COUNCIL.
(a) Findings.--Section 923(a)(4) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-163; 117
[[Page 124 STAT. 4331]]
Stat. 1574; 10 U.S.C. 426 note) is amended by striking ``National
Foreign Intelligence Program (NFIP), Joint Military Intelligence Program
(JMIP), and Tactical Intelligence and Related Activities Program
(TIARA)'' and inserting ``National Intelligence Program (NIP) and a
Military Intelligence Program (MIP)''.
(b) Additional Authorized Attendees.--Section 426(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Each Secretary of a military department may designate an
officer or employee of such military department to attend the
proceedings of the Council as a representative of such military
department.''.
SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE MANAGEMENT
AND COORDINATION OF REMOTELY PILOTED
AIRCRAFT SUPPORT OF INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) Report Required.--
(1) Report to secretary of defense by chiefs of staff.--Not
later than 120 days after the date of the enactment of this Act,
the Chief of Staff of the Army, the Chief of Naval Operations,
and the Chief of Staff of the Air Force shall jointly submit to
the Secretary of Defense a report, in accordance with this
section, on remotely piloted aircraft (RPA) support of
intelligence, surveillance, and reconnaissance (ISR) within
their respective Armed Forces.
(2) <<NOTE: Assessment. Recommenda- tions.>> Transmittal to
congress.--Not later than 30 days after the receipt of the
report required by paragraph (1), the Secretary shall transmit
the report, together with the assessment and any recommendations
of the Secretary (including the matters required pursuant to
subsection (b)(2)), to the congressional defense committees.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) In the case of the report required by subsection (a)(1),
a description by each chief of staff referred to in that
subsection of--
(A) current and planned remotely piloted aircraft
inventories to support intelligence, surveillance, and
reconnaissance requirements over the period 2011 to
2020, including an identification of systems each Armed
Force considers organic and the systems capable of
providing theater-level support to the commanders of the
combatant commands;
(B) policy and processes of each Armed Force for
coordinating investments in remotely piloted aircraft to
meet joint force requirements for intelligence,
surveillance, and reconnaissance and to eliminate
unnecessary duplication in both development and
capability; and
(C) the current employment of remotely piloted
aircraft by each Armed Force, including the number of
remotely piloted aircraft deployed in support
operations, the number of remotely piloted aircraft
assigned for training, and the number of remotely
piloted aircraft warehoused, the capacity of each Armed
Force to process, exploit, and disseminate intelligence,
surveillance, and reconnaissance data collected, and the
extent to which assets are provided
[[Page 124 STAT. 4332]]
to the joint community to meet requirements of the
combatant commands.
(2) In the case of the transmittal required by subsection
(a)(2)--
(A) an assessment of the effectiveness of the
employment of remotely piloted aircraft by each Armed
Force, and a description of the percentage of joint
force requirements for intelligence, surveillance, and
reconnaissance that are being met by the remotely
piloted aircraft of each Armed Force;
(B) a description of the joint concept of operations
under which each Armed Force provides intelligence,
surveillance, and reconnaissance capabilities through
remotely piloted aircraft to meet the requirements of
the combatant commands;
(C) a description of the processes by which current
requirements of the commanders of the combatant commands
for intelligence, surveillance, and reconnaissance are
validated, and how the remotely piloted aircraft
capabilities of each Armed Force are assigned against
validated requirements;
(D) a description of the current intelligence,
surveillance, and reconnaissance requirements of each
combatant command through remotely piloted aircraft;
(E) a description of how the requirements described
under subparagraph (D) are being met;
(F) an identification of any mission degradation or
failure within the combatant commands due to lack of
intelligence, surveillance, and reconnaissance support;
(G) a description of various means of addressing any
shortfalls in meeting the requirements described under
subparagraph (D), including temporary shortfalls and
permanent shortfalls;
(H) a description of the organization of the
Unmanned Aerial System Task Force, including the goals
and objectives of the task force and the participation
and roles of each Armed Force within the task force;
(I) a description of the organization of the
Intelligence, Surveillance, and Reconnaissance Task
Force, including the goals and objectives of the task
force and the participation and roles of each Armed
Force within the task force; and
(J) an identification of any theater-level
intelligence, surveillance, and reconnaissance capacity
of an Armed Force that is not being made available by
services to fulfill joint force requirements for
intelligence, surveillance, and reconnaissance.
(c) Remotely Piloted Aircraft Defined.--In this section, the term
``remotely piloted aircraft'' means any unmanned aircraft operated
remotely, whether within or beyond line-of-sight, including unmanned
aerial systems (UAS), unmanned aerial vehicles (UAV), remotely piloted
vehicles (RPV), and remotely piloted aircraft (RPA).
[[Page 124 STAT. 4333]]
SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND PERSONNEL
MANAGEMENT RELATING TO AIR FORCE
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE PROVIDED BY REMOTELY
PILOTED AIRCRAFT.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall, in
coordination with the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense for
Intelligence, submit to the appropriate committees of Congress a report
on requirements fulfillment and personnel management in connection with
Air Force intelligence, surveillance, and reconnaissance (ISR) provided
by remotely piloted aircraft (RPA).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the Joint Concept of Operation under
which the Air Force operates to fulfill intelligence,
surveillance, and reconnaissance requirements provided by
remotely piloted aircraft.
(2) A description of the current requirements of each
combatant command for Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft,
including--
(A) the number of orbits or combat air patrols for
each major platform and sensor payload combination;
(B) the number of aircraft, aircraft operators, and
ground crews in each orbit or combat air patrol,
variations in the numbers of each, and the explanation
for such variations;
(C) a description of how requirements are being met
by the management of personnel, platforms, sensors, and
networks; and
(D) a description of various means of addressing any
shortfalls in meeting such requirements, including
temporary shortfalls and permanent shortfalls.
(3) A description of manpower management to fulfill Air
Force mission requirements for intelligence, surveillance, and
reconnaissance requirements provided by remotely piloted
aircraft, including the current number of personnel associated
with each combat air patrol by remotely piloted aircraft for
aircraft pilots, sensor operators, mission intelligence
coordinators, and processing, exploitation, and dissemination
analysts (in this section referred to as ``operators and
analysts for remotely piloted aircraft'').
(4) A description of current Air Force manpower requirements
for operators and analysts for remotely piloted aircraft, and
any plans for meeting such requirements, including--
(A) an identification of any shortfalls in
personnel, skill specialties, and grades; and
(B) any plans of the Air Force to address such
shortfalls, including--
(i) plans to address shortfalls in applicable
career field retention rates; and
(ii) plans for utilization of National Guard
and other reserve component personnel to address
shortfalls in such personnel, skill specialties,
and grades.
[[Page 124 STAT. 4334]]
(5) A description of the projected Air Force manpower
requirements for operators and analysts for remotely piloted
aircraft in each of 2015 and 2020, including--
(A) an identification of any significant challenges
to achieving such requirements in particular skill
specialties and grades; and
(B) any plans of the Air Force to address such
challenges.
(6) A description of the collaboration of the Air Force
with, and the reliance of the Air Force on, the other Armed
Forces and the combat support agencies, in asset management for
intelligence, surveillance, and reconnaissance by remotely
piloted aircraft, including personnel for processing,
exploitation, and dissemination.
(7) A description of potential adverse consequences of
operating intelligence, surveillance, and reconnaissance by
remotely piloted aircraft, and associated intelligence support
infrastructure, in a surge, understaffed state, or both,
including--
(A) the impact of having to provide forward
processing, exploitation, and dissemination to support
emerging capabilities; and
(B) any plans of the Air Force to mitigate such
consequences.
(8) A description of the status of Air Force training
programs for operators and analysts for remotely piloted
aircraft, including the ability to meet Air Force manpower
requirements for such operators and analysts, and plans for
increasing training capacity to match plans for expanding Air
Force intelligence, surveillance, and reconnaissance
capabilities.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
SEC. 931. <<NOTE: 10 USC 2223 note.>> CONTINUOUS MONITORING OF
DEPARTMENT OF DEFENSE INFORMATION SYSTEMS
FOR CYBERSECURITY.
(a) In General.--The Secretary of Defense shall direct the Chief
Information Officer of the Department of Defense to work, in
coordination with the Chief Information Officers of the military
departments and the Defense Agencies and with senior cybersecurity and
information assurance officials within the Department of Defense and
otherwise within the Federal Government, to achieve, to the extent
practicable, the following:
(1) The continuous prioritization of the policies,
principles, standards, and guidelines developed under section 20
of the National Institute of Standards and Technology Act (15
U.S.C. 278g-3) with agencies and offices operating or exercising
control of national security systems (including the National
Security Agency) based upon the evolving threat of information
security
[[Page 124 STAT. 4335]]
incidents with respect to national security systems, the
vulnerability of such systems to such incidents, and the
consequences of information security incidents involving such
systems.
(2) The automation of continuous monitoring of the
effectiveness of the information security policies, procedures,
and practices within the information infrastructure of the
Department of Defense, and the compliance of that infrastructure
with such policies, procedures, and practices, including
automation of--
(A) management, operational, and technical controls
of every information system identified in the inventory
required under section 3505(c) of title 44, United
States Code; and
(B) management, operational, and technical controls
relied on for evaluations under section 3545 of title
44, United States Code.
(b) Definitions.--In this section:
(1) The term ``information security incident'' means an
occurrence that--
(A) actually or potentially jeopardizes the
confidentiality, integrity, or availability of an
information system or the information such system
processes, stores, or transmits; or
(B) constitutes a violation or imminent threat of
violation of security policies, security procedures, or
acceptable use policies with respect to an information
system.
(2) The term ``information infrastructure'' means the
underlying framework, equipment, and software that an
information system and related assets rely on to process,
transmit, receive, or store information electronically.
(3) The term ``national security system'' has the meaning
given that term in section 3542(b)(2) of title 44, United States
Code.
SEC. 932. <<NOTE: 10 USC 2224 note.>> STRATEGY ON COMPUTER
SOFTWARE ASSURANCE.
(a) <<NOTE: Deadline.>> Strategy Required.--The Secretary of
Defense shall develop and implement, by not later than October 1, 2011,
a strategy for assuring the security of software and software-based
applications for all covered systems.
(b) Covered Systems.--For purposes of this section, a covered system
is any critical information system or weapon system of the Department of
Defense, including the following:
(1) A major system, as that term is defined in section
2302(5) of title 10, United States Code.
(2) A national security system, as that term is defined in
section 3542(b)(2) of title 44, United States Code.
(3) Any Department of Defense information system categorized
as Mission Assurance Category I.
(4) Any Department of Defense information system categorized
as Mission Assurance Category II in accordance with Department
of Defense Directive 8500.01E.
(c) Elements.--The strategy required by subsection (a) shall include
the following:
(1) Policy and regulations on the following:
(A) Software assurance generally.
(B) Contract requirements for software assurance for
covered systems in development and production.
[[Page 124 STAT. 4336]]
(C) Inclusion of software assurance in milestone
reviews and milestone approvals.
(D) Rigorous test and evaluation of software
assurance in development, acceptance, and operational
tests.
(E) Certification and accreditation requirements for
software assurance for new systems and for updates for
legacy systems, including mechanisms to monitor and
enforce reciprocity of certification and accreditation
processes among the military departments and Defense
Agencies.
(F) Remediation in legacy systems of critical
software assurance deficiencies that are defined as
critical in accordance with the Application Security
Technical Implementation Guide of the Defense
Information Systems Agency.
(2) Allocation of adequate facilities and other resources
for test and evaluation and certification and accreditation of
software to meet applicable requirements for research and
development, systems acquisition, and operations.
(3) Mechanisms for protection against compromise of
information systems through the supply chain or cyber attack by
acquiring and improving automated tools for--
(A) assuring the security of software and software
applications during software development;
(B) detecting vulnerabilities during testing of
software; and
(C) detecting intrusions during real-time monitoring
of software applications.
(4) Mechanisms providing the Department of Defense with the
capabilities--
(A) to monitor systems and applications in order to
detect and defeat attempts to penetrate or disable such
systems and applications; and
(B) to ensure that such monitoring capabilities are
integrated into the Department of Defense system of
cyber defense-in-depth capabilities.
(5) An update to Committee for National Security Systems
Instruction No. 4009, entitled ``National Information Assurance
Glossary'', to include a standard definition for software
security assurance.
(6) Either--
(A) mechanisms to ensure that vulnerable Mission
Assurance Category III information systems, if
penetrated, cannot be used as a foundation for
penetration of protected covered systems, and means for
assessing the effectiveness of such mechanisms; or
(B) plans to address critical vulnerabilities in
Mission Assurance Category III information systems to
prevent their use for intrusions of Mission Assurance
Category I systems and Mission Assurance Category II
systems.
(7) A funding mechanism for remediation of critical software
assurance vulnerabilities in legacy systems.
(d) Report.--Not later than October 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report on
the strategy required by subsection (a). The report shall include the
following:
(1) A description of the current status of the strategy
required by subsection (a) and of the implementation of the
[[Page 124 STAT. 4337]]
strategy, including a description of the role of the strategy in
the risk management by the Department regarding the supply chain
and in operational planning for cyber security.
(2) A description of the risks, if any, that the Department
will accept in the strategy due to limitations on funds or other
applicable constraints.
SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF DEPARTMENT OF
DEFENSE CYBER WARFARE CAPABILITIES.
(a) Strategy Required.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop a
strategy to provide for the rapid acquisition of tools, applications,
and other capabilities for cyber warfare for the United States Cyber
Command and the cyber operations components of the military departments.
(b) Basic Elements.--The strategy required by subsection (a) shall
include the following:
(1) An orderly process for determining and approving
operational requirements.
(2) A well-defined, repeatable, transparent, and disciplined
process for developing capabilities to meet such requirements,
in accordance with the information technology acquisition
process developed pursuant to section 804 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 10 U.S.C. 2225 note).
(3) The allocation of facilities and other resources to
thoroughly test such capabilities in development, before
deployment, and before use in order to validate performance and
take into account collateral damage and other so-called second-
order effects.
(c) Additional Elements.--The strategy required by subsection (a)
shall also provide for the following:
(1) Safeguards to prevent--
(A) the circumvention of operational requirements
and acquisition processes through informal relationships
among the United States Cyber Command, the Armed Forces,
the National Security Agency, and the Defense
Information Systems Agency; and
(B) the abuse of quick-reaction processes otherwise
available for the rapid fielding of capabilities.
(2) The establishment of reporting and oversight processes
for requirements generation and approval for cyber warfare
capabilities, the assignment of responsibility for providing
capabilities to meet such requirements, and the execution of
development and deployment of such capabilities, under the
authority of the Chairman of the Joint Requirements Oversight
Council, the Under Secretary of Defense for Policy, and other
officials in the Office of the Secretary of Defense, as
designated in the strategy.
(3) The establishment and maintenance of test and evaluation
facilities and resources for cyber infrastructure to support
research and development, operational test and evaluation,
operational planning and effects testing, and training by
replicating or emulating networks and infrastructure maintained
and operated by the military and political organizations of
potential United States adversaries, by domestic and foreign
[[Page 124 STAT. 4338]]
telecommunications service providers, and by the Department of
Defense.
(4) An organization or organizations within the Department
of Defense to be responsible for the operation and maintenance
of cyber infrastructure for research, development, test, and
evaluation purposes.
(5) Appropriate disclosure regarding United States cyber
warfare capabilities to the independent test and evaluation
community, and the involvement of that community in the
development and maintenance of such capabilities, regardless of
classification.
(6) The role of the private sector and appropriate
Department of Defense organizations in developing capabilities
to operate in cyberspace, and a clear process for determining
whether to allocate responsibility for responding to Department
of Defense cyber warfare requirements through Federal Government
personnel, contracts with private sector entities, or a
combination of both.
(7) The roles of each military department, and of the combat
support Defense Agencies, in the development of cyber warfare
capabilities in support of offensive, defensive, and
intelligence operational requirements.
(8) Mechanisms to promote information sharing, cooperative
agreements, and collaboration with international, interagency,
academic, and industrial partners in the development of cyber
warfare capabilities.
(9) The manner in which the Department of Defense will
promote interoperability, share innovation, and avoid
unproductive duplication in cyber warfare capabilities through
specialization among the components of the Department
responsible for developing cyber capabilities.
(d) Report on Strategy.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on the
strategy required by subsection (a). The report shall include a
comprehensive description of the strategy and plans (including a
schedule) for the implementation of the strategy.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than March 1, 2011, the Secretary of
Defense shall submit to Congress a report on the cyber warfare policy of
the Department of Defense.
(b) Elements.--The report required under this section shall include
the following:
(1) A description of the policy and legal issues
investigated and evaluated by the Department in considering the
range
[[Page 124 STAT. 4339]]
of missions and activities that the Department may choose to
conduct in cyberspace.
(2) The decisions of the Secretary with respect to such
issues, and the recommendations of the Secretary to the
President for decisions on such of those issues as exceed the
authority of the Secretary to resolve, together with the
rationale and justification of the Secretary for such decisions
and recommendations.
(3) A description of the intentions of the Secretary with
regard to modifying the National Military Strategy for
Cyberspace Operations.
(4) The current use of, and potential applications of,
modeling and simulation tools to identify likely cybersecurity
vulnerabilities, as well as new protective and remediation
means, within the Department.
(5) The application of modeling and simulation technology to
develop strategies and programs to deter hostile or malicious
activity intended to compromise Department information systems.
(c) Form.--The report required under this section shall be submitted
in unclassified form, but may include a classified annex.
SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE PROGRESS IN DEFENDING
THE DEPARTMENT AND THE DEFENSE INDUSTRIAL
BASE FROM CYBER EVENTS.
(a) Reports on Progress Required.--Not later than 180 days after the
date of the enactment of this Act, and March 1 every year thereafter
through 2015, the Secretary of Defense shall submit to the congressional
defense committees a report on the progress of the Department of Defense
in defending the Department and the defense industrial base from cyber
events (such as attacks, intrusions, and theft).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) In the case of the first report, a baseline for
measuring the progress of the Department of Defense in defending
the Department and the defense industrial base from cyber
events, including definitions of significant cyber events, an
appropriate categorization of various types of cyber events, the
basic methods used in various cyber events, the vulnerabilities
exploited in such cyber events, and the metrics to be utilized
to determine whether the Department is or is not making progress
against an evolving cyber threat.
(2) An ongoing assessment of such baseline against key cyber
defense strategies (described in subsection (c)) to determine
implementation progress.
(3)(A) A description of the nature and scope of significant
cyber events against the Department and the defense industrial
base during the preceding year, including, for each such event,
a description of the intelligence or other Department data
acquired, the extent of the corruption or compromise of
Department information or weapon systems, and the impact of such
event on the Department generally and on operational
capabilities.
(B) For any such event that has been investigated by or on
behalf of the Damage Assessment Management Office,
[[Page 124 STAT. 4340]]
a synopsis of each damage assessment report, with emphasis on
actions needing remediation.
(4) A comparative assessment of the offensive cyber warfare
capabilities of current representative potential United States
adversaries and nations with advanced cyber warfare capabilities
with the capacity of the United States to defend--
(A) military networks and mission capabilities; and
(B) critical infrastructure.
(5) A comparative assessment of the offensive cyber warfare
capabilities of the United States with the capacity of current
representative potential United States adversaries and nations
with advanced cyber warfare capabilities to defend against cyber
attacks.
(6) A comparative assessment of the degree of dependency of
current representative potential United States adversaries,
nations with advanced cyber warfare capabilities, and the United
States on networks that can be attacked through cyberspace.
(7) A description of known or suspected identified supply
chain vulnerabilities, including known or suspected supply chain
attacks, and actions to remediate such vulnerabilities.
(c) Key Cyber Defense Strategies.--For purposes of subsection
(b)(2), key cyber defense strategies include the following:
(1) Relevant valid Homeland Security Presidential Directives
and National Security Presidential Directives.
(2) The Comprehensive National Cybersecurity Initiative.
(3) The National Military Strategy for Cyberspace Operations
implementation plan.
(d) Performance of Certain Assessments.--The comparative assessment
of critical infrastructure required by subsection (b)(4)(B) shall be
performed by the Secretary of Homeland Security, in coordination with
the Secretary of Defense and the heads of other agencies of the
Government with specific responsibility for critical infrastructure.
(e) Form.--Each report under this section shall be submitted in
unclassified form, but may include a classified annex.
Subtitle E--Other Matters
SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY
WAIVER OF REIMBURSEMENT OF COSTS OF
ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL
AT DEPARTMENT OF DEFENSE REGIONAL CENTERS
FOR SECURITY STUDIES.
(a) Extension of Waiver.--Paragraph (1) of section 941(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by
striking ``fiscal years 2009 and 2010'' and inserting ``fiscal years
2009 through 2012''.
(b) Annual Report.--Paragraph (3) of such section is amended by
striking ``in 2010 and 2011'' and inserting ``in each year through
2013''.
[[Page 124 STAT. 4341]]
SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND
MISSIONS REVIEW IN 2011.
(a) Additional Activities Considered.--As part of the quadrennial
roles and missions review conducted in 2011 pursuant to section 118b of
title 10, United States Code, the Secretary of Defense shall give
consideration to the following activities, giving particular attention
to their role in counter-terrorism operations:
(1) Information operations.
(2) Detention and interrogation.
(b) Additional Report Requirement.--In the report required by
section 118b(d) of such title for such review in 2011, the Secretary of
Defense shall--
(1) <<NOTE: Guidance.>> provide clear guidance on the
nature and extent of which core competencies are associated with
the activities listed in subsection (a); and
(2) identify the elements of the Department of Defense that
are responsible or should be responsible for providing such core
competencies.
SEC. 943. <<NOTE: 10 USC 113 note.>> REPORT ON ORGANIZATIONAL
STRUCTURE AND POLICY GUIDANCE OF THE
DEPARTMENT OF DEFENSE REGARDING
INFORMATION OPERATIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the organizational
structure and policy guidance of the Department of Defense with respect
to information operations.
(b) Review.--In preparing the report required by subsection (a), the
Secretary shall review the following:
(1) The extent to which the current definition of
``information operations'' in Department of Defense Directive
3600.1 is appropriate.
(2) The location of the office within the Department of the
lead official responsible for information operations of the
Department, including assessments of the most effective location
and the need to designate a principal staff assistant to the
Secretary of Defense for information operations.
(3) Departmental responsibility for the development,
coordination, and oversight of Department policy on information
operations and for the integration of such operations.
(4) Departmental responsibility for the planning, execution,
and oversight of Department information operations.
(5) Departmental responsibility for coordination within the
Department, and between the Department and other departments and
agencies of the Federal Government, regarding Department
information operations, and for the resolution of conflicts in
the discharge of such operations, including an assessment of
current coordination bodies and decisionmaking processes.
(6) The roles and responsibilities of the military
departments, combat support agencies, the United States Special
Operations Command, and the other combatant commands in the
development and implementation of information operations.
(7) The roles and responsibilities of the defense
intelligence agencies for support of information operations.
[[Page 124 STAT. 4342]]
(8) The role in information operations of the following
Department officials:
(A) The Assistant Secretary of Defense for Public
Affairs.
(B) The Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict.
(C) The senior official responsible for information
processing and networking capabilities.
(9) The role of related capabilities in the discharge of
information operations, including public affairs capabilities,
civil-military operations capabilities, defense support of
public diplomacy, and intelligence.
(10) The management structure of computer network operations
in the Department for the discharge of information operations,
and the policy in support of that component.
(11) The appropriate use, management, and oversight of
contractors in the development and implementation of information
operations, including an assessment of current guidance and
policy directives pertaining to the uses of contractors for
these purposes.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, with a classified annex, if necessary.
(d) Department of Defense Directive.--Upon the submittal of the
report required by subsection (a), the Secretary shall prescribe a
revised directive for the Department of Defense on information
operations. The directive shall take into account the results of the
review conducted for purposes of the report.
(e) Information Operations Defined.--In this section, the term
``information operations'' means the information operations specified in
Department of Defense Directive 3600.1, as follows:
(1) Electronic warfare.
(2) Computer network operations.
(3) Psychological operations.
(4) Military deception.
(5) Operations security.
SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF THE GEOGRAPHIC
COMBATANT COMMAND HEADQUARTERS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the organizational structures of the
headquarters of the geographic combatant commands.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the organizational structure of the
headquarters of each geographic combatant command.
(2) An assessment of the benefits and limitations of the
different organizational structures in meeting the broad range
of military missions of the geographic combatant commands.
(3) A description and assessment of the role and
contributions of other departments and agencies of the Federal
Government within each organizational structure, including a
description of any plans to expand interagency participation in
the geographic combatant commands in the future.
[[Page 124 STAT. 4343]]
(4) A description of any lessons learned from the ongoing
reorganization of the organizational structure of the United
States Southern Command and the United States Africa Command,
including an assessment of the value, if any, added by the
position of civilian deputy to the commander of the United
States Southern Command and to the commander of the United
States Africa Command.
(5) Any other matters the Secretary and the Chairman
consider appropriate.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay, Cuba,
to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Subtitle E--Homeland Defense and Civil Support
Sec. 1041. Limitation on deactivation of existing Consequence Management
Response Forces.
Subtitle F--Studies and Reports
Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of the
national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Public availability of Department of Defense reports required
by law.
[[Page 124 STAT. 4344]]
Sec. 1062. Prohibition on infringing on the individual right to lawfully
acquire, possess, own, carry, and otherwise use privately
owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.
Subtitle H--Other Matters
Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) <<NOTE: Determination.>> Authority.--Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2011 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OPERATIONS IN AFGHANISTAN, IRAQ, AND
HAITI FOR FISCAL YEAR 2010.
In addition to the amounts otherwise authorized to be appropriated
by this division, the amounts authorized to be appropriated
[[Page 124 STAT. 4345]]
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.
[[Page 124 STAT. 4346]]
(R) For Working Capital Funds, by $974,967,000.
(4) The amount provided in section 1512 of such Act for
military personnel accounts is increased by $1,895,761,000.
SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted prior to
the vote on passage of this Act.
Subtitle B--Counter-Drug Activities
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is further
amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (c), by striking ``2010'' and inserting
``2011''.
SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK FORCES SUPPORT
TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is
amended by striking ``2010'' and inserting ``2011''.
(b) Availability of Authority.--
(1) Additional condition on authority for support and
associated waiver authority.--Subsection (d) of such section is
amended--
(A) by inserting ``(1)'' before ``Any support''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) <<NOTE: Determination.>> Support for counter-terrorism
activities provided under subsection (a) may only be provided if the
Secretary of Defense determines that the objectives of using the
counter-drug funds of any joint task force to provide such support
relate significantly to the objectives of providing support for counter-
drug activities by that joint task force or any other joint task force.
``(B) <<NOTE: Waiver authority.>> The Secretary of Defense may
waive the requirements of subparagraph (A) if the Secretary determines
that such a waiver is vital to the national security interests of the
United States. The Secretary <<NOTE: Notice.>> shall promptly submit to
Congress notice in writing of any waiver issued under this subparagraph.
``(C) The Secretary of Defense may delegate any responsibility of
the Secretary under subparagraph (B) to the Deputy Secretary of Defense
or to the Under Secretary of Defense for Policy. Except as provided in
the preceding sentence, such a responsibility may not be delegated to
any official of the Department of Defense or any other official.''.
[[Page 124 STAT. 4347]]
(2) Annual certification of compliance.--Subsection (c) of
such section <<NOTE: 10 USC 371.>> is amended by adding at the
end the following new paragraph:
``(4) A certification by the Secretary of Defense that any
support provided under subsection (a) during such one-year
period was provided in compliance with the requirements of
subsection (d).''.
(3) Interim compliance report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report setting forth--
(A) a description of each support activity provided
by a joint task force under subsection (a) of section
1022 of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 371 note), as of the date of
the submittal of such report; and
(B) a certification as to whether or not each such
activity has been provided in compliance with the
requirements of subsection (d) of such section, as
amended by paragraph (1) of this subsection.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
1013 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2442), is further amended by striking
``February 15, 2010'' and inserting ``February 15, 2011''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Subsection (a)(2) of section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1014(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2442), is further amended by striking ``2010'' and inserting
``2012''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such section is
amended by striking ``either of fiscal years 2009 and 2010'' and
inserting ``any of the fiscal years 2009 through 2012''.
SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION PROJECTS
FOR FACILITIES OF THE DEPARTMENT OF
DEFENSE AND FOREIGN LAW ENFORCEMENT
AGENCIES FOR COUNTER-DRUG ACTIVITIES.
(a) Notice to Congress.--
(1) Notice.--Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is
amended--
(A) in subsection (b)(4), by inserting ``for the
purpose of facilitating'' after ``within or outside the
United States or''; and
(B) in subsection (h)(2)(A)--
(i) by striking ``modification or repair'' and
inserting ``construction, modification, or
repair'';
(ii) by striking ``a Department of Defense
facility'' and inserting ``any facility''; and
[[Page 124 STAT. 4348]]
(iii) by striking ``purpose'' and inserting
``purposes''.
(2) Construction of notice.--Subsection (h) of such section
is further <<NOTE: 10 USC 374 note.>> amended by adding at the
end the following new paragraph:
``(3) This subsection may not be construed as an authorization for
the use of funds for any military construction project that would exceed
the approved cost limitations of an unspecified minor military
construction project under section 2805(a)(2) of title 10, United States
Code.''.
(b) <<NOTE: 10 USC 374 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect on the date of the enactment of this
Act, and shall apply with respect to facilities projects for which a
decision is made to be carried out on or after that date.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES
FOR CERTAIN NAVY MESS OPERATIONS.
(a) Extension.--Subsection (b) of section 1014 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4585) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2015''.
(b) Clarification of Scope of Authority.--Subsection (a) of such
section is amended by inserting ``in any fiscal year'' after ``may be
used''.
SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING
OF A NAVAL COMBAT VESSEL AFTER FATHER
VINCENT CAPODANNO.
(a) Findings.--Congress makes the following findings:
(1) Father Vincent Capodanno was born on February 13, 1929,
in Staten Island, New York.
(2) After attending Fordham University for a year, he
entered the Maryknoll Missionary Seminary in upstate New York in
1949, and was ordained a Catholic priest in June 1957.
(3) Father Capodanno's first assignment as a missionary was
working with aboriginal Taiwanese people in the mountains of
Taiwan where he served in a parish and later in a school. After
several years, Father Capodanno returned to the United States
for leave and then was assigned to a Maryknoll school in Hong
Kong.
(4) Father Vincent Capodanno volunteered as a Navy Chaplain
and was commissioned a Lieutenant in the Chaplain Corps of the
United States Naval Reserve in December 28, 1965.
(5) Father Vincent Capodanno selflessly extended his combat
tour in Vietnam on the condition he was allowed to remain with
the infantry.
(6) On September 4, 1967, during a fierce battle in the
Thang Binh District of the Que-Son Valley in Vietnam, Father
Capodanno went among the wounded and dying, giving last rites
and caring for the injured. He was killed that day while taking
care of his Marines.
(7) On January 7, 1969, Father Vincent Capodanno was awarded
the Medal of Honor posthumously for comforting the
[[Page 124 STAT. 4349]]
wounded and dying during the Vietnam conflict. For his dedicated
service, Father Capodanno was also awarded the Bronze Star, the
Purple Heart, the Presidential Unit Citation, the National
Defense Service Medal, the Vietnam Service Medal, the Vietnam
Gallantry Cross with Palm, and the Vietnam Campaign Medal.
(8) In his memory, the U.S.S. Capodanno was commissioned on
September 17, 1973. It is the only Naval vessel to date to have
received a Papal blessing by Pope John Paul II in Naples, Italy,
on September 4, 1981.
(9) The U.S.S. Capodanno was decommissioned on July 30,
1993.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should name a combat vessel of the United States
Navy the ``U.S.S. Father Vincent Capodanno'', in honor of Father Vincent
Capodanno, a lieutenant in the Navy Chaplain Corps.
SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF
NAVAL VESSELS.
(a) In General.--Section 231 of title 10, United States Code, is
amended to read as follows:
``Sec. 231. Long-range plan for construction of naval vessels
``(a) Quadrennial Naval Vessel Construction Plan.--At the same time
that the budget of the President is submitted under section 1105(a) of
title 31 during each year in which the Secretary of Defense submits a
quadrennial defense review, the Secretary of the Navy shall submit to
the congressional defense committees a long-range plan for the
construction of combatant and support vessels for the Navy that supports
the force structure recommendations of the quadrennial defense review.
``(b) Matters Included.--The plan under subsection (a) shall include
the following:
``(1) A detailed construction schedule of naval vessels for
the 10-year period beginning on the date on which the plan is
submitted, including a certification by the Secretary that the
budget for the fiscal year in which the plan is submitted and
the budget for the future-years defense program submitted under
section 221 of this title are sufficient for funding such
schedule.
``(2) A probable construction schedule for the 10-year
period beginning on the date that is 10 years after the date on
which the plan is submitted.
``(3) A notional construction schedule for the 10-year
period beginning on the date that is 20 years after the date on
which the plan is submitted.
``(4) The estimated levels of annual funding necessary to
carry out the construction schedules under paragraphs (1), (2),
and (3).
``(5) For the construction schedules under paragraphs (1)
and (2)--
``(A) a determination by the Director of Cost
Assessment and Program Evaluation of the level of
funding necessary to execute such schedules; and
``(B) an evaluation by the Director of the potential
risk associated with such schedules, including detailed
[[Page 124 STAT. 4350]]
effects on operational plans, missions, deployment
schedules, and fulfillment of the requirements of the
combatant commanders.
``(c) Naval Composition.--In submitting the plan under subsection
(a), the Secretary shall ensure that such plan is in accordance with
section 5062(b) of this title.
``(d) Assessment When Budget Is Insufficient.--If the budget for a
fiscal year provides for funding of the construction of naval vessels at
a level that is less than the level determined necessary by the Director
of Cost Assessment and Program Evaluation under subsection (b)(5), the
Secretary of the Navy shall include with the defense budget materials
for that fiscal year an assessment that describes and discusses the
risks associated with the budget, including the risk associated with a
reduced force structure that may result from funding naval vessel
construction at such a level.
``(e) <<NOTE: Deadline. Reports.>> CBO Evaluation.--Not later than
60 days after the date on which the congressional defense committees
receive the plan under subsection (a), the Director of the Congressional
Budget Office shall submit to such committees a report assessing the
sufficiency of the estimated levels of annual funding included in such
plan with respect to the budget submitted during the year in which the
plan is submitted and the future-years defense program submitted under
section 221 of this title.
``(f) <<NOTE: Reports.>> Changes to the Construction Plan.--In any
year in which a quadrennial defense review is not submitted and the
budget of the President submitted under section 1105(a) of title 31
decreases the number of vessels requested in the future-years defense
program submitted under section 221 of this title, the Secretary of the
Navy shall submit to the congressional defense committees a report on
such decrease including--
``(1) an addendum to the most recent quadrennial defense
review that fully explains and justifies the decrease with
respect to the national security strategy of the United States
as set forth in the most recent national security strategy
report of the President under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a); and
``(2) a description of the additional reviews and analyses
considered by the Secretary after the previous quadrennial
defense review was submitted that justify the decrease.
``(g) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `quadrennial defense review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by striking the item relating to
section 231 and inserting the following new item:
``231. Long-range plan for construction of naval vessels.''.
[[Page 124 STAT. 4351]]
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 <<NOTE: Khalid Sheikh Mohammed.>> of the funds authorized to
be appropriated by this Act for fiscal year 2011 may be used to
transfer, release, or assist in the transfer or release to or within the
United States, its territories, or possessions of Khalid Sheikh Mohammed
or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF
INDIVIDUALS DETAINED AT NAVAL STATION,
GUANTANAMO BAY, CUBA, TO FOREIGN
COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Limitation.--
(1) <<NOTE: Time period. Deadline.>> In general.--Except as
provided in paragraph (2), during the one-year period beginning
on the date of the enactment of this Act, the Secretary of
Defense may not use any of the amounts authorized to be
appropriated by this Act or otherwise available to the
Department of Defense to transfer any individual detained at
Guantanamo to the custody or effective control of the
individual's country of origin, any other foreign country, or
any other foreign entity unless the Secretary submits to
Congress the certification described in subsection (b) by not
later than 30 days before the transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition of
the individual that is issued by a court or competent tribunal
of the United States having lawful
jurisdiction. <<NOTE: Notification.>> The Secretary shall
notify Congress promptly upon issuance of any such order.
(b) Certification.--The certification described in this subsection
is a written certification made by the Secretary of Defense, with the
concurrence of the Secretary of State, that the government of the
foreign country or the recognized leadership of the foreign entity to
which the individual detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention facility
in which an individual is to be detained if the individual is to
be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
[[Page 124 STAT. 4352]]
(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) <<NOTE: Time period.>> Prohibition.--Except as provided
in paragraph (3), during the one-year period beginning on the
date of the enactment of this Act, the Secretary of Defense may
not use any amount authorized to be appropriated or otherwise
made available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody or effective
control of the individual's country of origin, any other foreign
country, or any other foreign entity if there is a confirmed
case of any individual who was detained at United States Naval
Station, Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to the foreign country or entity and
subsequently engaged in any terrorist activity.
(2) <<NOTE: Determination.>> Waiver.--The Secretary of
Defense may waive the prohibition in paragraph (1) if the
Secretary determines that such a transfer is in the national
security interests of the United States and includes, as part of
the certification described in subsection (b) relating to such
transfer, the determination of the Secretary under this
paragraph.
(3) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition of
the individual that is issued by a court or competent tribunal
of the United States having lawful
jurisdiction. <<NOTE: Notification.>> The Secretary shall
notify Congress promptly upon issuance of any such order.
(d) Definitions.--For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means any
individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective
control of the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
[[Page 124 STAT. 4353]]
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
[[Page 124 STAT. 4354]]
for such contact by the Department of Defense, and an
assessment of the likely costs of such modifications.
(E) A discussion of any support at the site of any
such proposed facility that would likely be provided by
the Department of Defense, including the types of
support, the number of personnel required for each such
type, and an estimate of the cost of such support.
(F) A discussion of any support, other than support
provided at a proposed facility, that would likely be
provided by the Department of Defense for the operation
of any such proposed facility, including the types of
possible support, the number of personnel required for
each such type, and an estimate of the cost of such
support.
(G) A discussion of the legal issues, in the
judgment of the Secretary of Defense, that could be
raised as a result of detaining or imprisoning any
individual described in subsection (c) at any such
proposed facility that could not be raised while such
individual is detained or imprisoned at United States
Naval Station, Guantanamo Bay, Cuba.
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.
(a) Comprehensive Review Required.--The Secretary of Defense shall
conduct a comprehensive review of Department of Defense policies,
regulations, instructions, and directives pertaining to force protection
within the Department.
(b) Matters Covered.--The review required under subsection (a) shall
include an assessment of each of the following:
(1) Information sharing practices across the Department of
Defense, and among the State, local, and Federal partners of the
Department of Defense.
(2) Antiterrorism and force protection standards relating to
buildings, including standoff distances.
(3) Protective standards relating to chemical, biological,
radiological, nuclear, and high explosives threats.
(4) Standards relating to access to Department bases.
(5) Standards for identity management within the Department,
including such standards for identity cards and biometric
identifications systems.
(6) Procedures for validating and approving individuals with
regular or episodic access to military installations, including
military personnel, civilian employees, contractors, family
members of personnel, and other types of visitors.
(7) Procedures for sharing with appropriate Department of
Defense officials with responsibility for force protection--
(A) information from the intelligence or law
enforcement community regarding possible threats from
terrorists or terrorist groups, criminal organizations,
or other state and non-state foreign entities actively
working to undermine the security interests of the
United States; and
(B) information regarding personnel who have engaged
in potentially suspicious activities or may otherwise
pose a threat.
(8) Any legislative changes recommended for implementing the
recommendations contained in the review.
[[Page 124 STAT. 4355]]
(c) Interim Report.--Not later than September 1, 2012, the Secretary
of Defense shall submit an interim report on the comprehensive review
required under subsection (a).
(d) Final Report.--Not later than March 1, 2013, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a final report on the comprehensive review
required under subsection (a). The final report shall include such
findings and recommendations as the Secretary considers appropriate
based on the review, including recommended actions to be taken to
implement the specific recommendations in the final report. The final
report shall be submitted in an unclassified format, but may include a
classified annex.
Subtitle E--Homeland Defense and Civil Support
SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE
MANAGEMENT RESPONSE FORCES.
(a) <<NOTE: Certification.>> Limitation.--The Secretary of Defense
shall ensure that no Chemical, Biological, Radiological, Nuclear, or
High-Yield Explosive Consequence Management Response Force established
as of October 1, 2009, is deactivated or disestablished until the
Secretary provides a certification described in subsection (b).
(b) Certification.--The certification described in this subsection
is a written certification to the congressional defense committees that
there exists within the United States Armed Forces an alternative
chemical, biological, radiological, nuclear, or high-yield explosive
consequence management response capability that is at least as capable
as two Chemical, Biological, Radiological, Nuclear, or High-Yield
Explosive Consequence Management Response Forces.
(c) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on plans of the
Department of Defense to establish Homeland Response Forces for
domestic emergency response to incidents involving weapons of
mass destruction.
(2) Elements of report.--The report required by this
subsection shall include the following:
(A) A detailed description of the analysis that led
to the decision to establish Homeland Response Forces
described in paragraph (1), including--
(i) whether consideration was given to
establishing Homeland Response Forces within the
Reserves; and
(ii) the reasons for not planning to establish
any Homeland Response Forces within the Reserves.
(B) A detailed description of the plans to establish
Homeland Response Forces, including--
(i) the cost and schedule to establish, equip,
maintain, and operate the proposed Homeland
Response Forces;
(ii) guidelines for the employment of Homeland
Response Forces; and
(iii) the portion of the costs of Homeland
Response Forces that will be borne by the States.
[[Page 124 STAT. 4356]]
(C) A detailed description of the proposed number
and composition of Homeland Response Forces, including--
(i) the number and type of units in each
Homeland Response Force; and
(ii) the number of personnel in each Homeland
Response Force.
(D) A comparative assessment of the emergency
response capabilities of a Homeland Response Force with
the capabilities of a Chemical, Biological,
Radiological, Nuclear, or High-Yield Explosive
Consequence Management Response Force, including--
(i) a comparison of the equipment proposed for
each type of force;
(ii) a comparison of the proposed means of
transportation for each type of force;
(iii) an estimate of the time it would take
each type of force to deploy to an incident site;
and
(iv) an estimate of the operational duration
of each type of force at such a site.
(E) A description of the command and control
arrangements proposed for the Homeland Response Forces,
including a description of the degree to which the
Homeland Response Forces would be subject to the
direction and control of the Department of Defense, as
compared to the Governor of the State in which they are
located.
(F) The results of the United States Northern
Command study of the possible concepts of operations and
of the implementation of the Homeland Response Force
plan in such a manner as to provide adequate capability
to provide Federal defense support to civil authorities
during domestic incidents involving weapons of mass
destruction.
(G) Any other matters the Secretary considers
appropriate.
(3) Form of report.--The report required by this subsection
shall be in unclassified form, but may include a classified
annex.
Subtitle F--Studies and Reports
SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND SKILLS.
(a) Study Required.--
(1) <<NOTE: Deadline. Contracts.>> Selection of independent
study organization.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall select
and enter into an agreement with an appropriate independent,
nonprofit organization to conduct a study of the matters
described in subsection (b).
(2) Qualifications of organization selected.--The
organization selected shall be qualified on the basis of having
relevant expertise in the fields of national security and human
capital development, and on the basis of such other criteria as
the Secretary of Defense may determine.
(b) <<NOTE: Recommenda- tions.>> Matters to Be Covered.--The study
required by subsection (a) shall assess the current state of interagency
national
[[Page 124 STAT. 4357]]
security knowledge and skills in Department of Defense civilian and
military personnel, and make recommendations for strengthening such
knowledge and skills. At minimum, the study shall include assessments
and recommendations on--
(1) interagency national security training, education, and
rotational assignment opportunities available to civilians and
military personnel;
(2) integration of interagency national security education
into the professional military education system;
(3) levels of interagency national security knowledge and
skills possessed by personnel currently serving in civilian
executive and general or flag officer positions, as represented
by the interagency education, training, and professional
experiences they have undertaken;
(4) incentives that enable and encourage military and
civilian personnel to undertake interagency assignment,
education, and training opportunities, as well as disincentives
and obstacles that discourage undertaking such opportunities;
and
(5) any plans or current efforts to improve the interagency
national security knowledge and skills of civilian and military
personnel.
(c) Report.--Not later than December 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the findings and recommendations from the study required by
subsection (a).
(d) Definition.--In this section, the term ``interagency national
security knowledge and skills'' means an understanding of, and the
ability to efficiently and expeditiously work within, the structures,
mechanisms, and processes by which the departments, agencies, and
elements of the Federal Government that have national security missions
coordinate and integrate their policies, capabilities, budgets,
expertise, and activities to accomplish such missions.
SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT
TRAINING CENTER.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the need for the
establishment of a Northeast Regional Joint Training Center.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) A list of facilities in the Northeastern United States
at which, as of the date of the enactment of this Act, the
Department of Defense has deployed or has committed to deploying
joint training.
(2) A description of the extent to which such facilities
have sufficient unused capacity and expertise to accommodate and
fully utilize joint training.
(3) A list of potential locations for the Northeast Regional
Joint Training Center discussed in the report.
(c) Considerations With Respect to Location.--In determining
potential locations for the Northeast Regional Joint Training Center to
be discussed in the report required under subsection (a), the Secretary
of Defense shall take into consideration Department of Defense
facilities that have--
(1) a workforce of skilled personnel;
[[Page 124 STAT. 4358]]
(2) live, virtual, and constructive training capabilities,
and the ability to digitally connect them and the associated
battle command structure at the tactical and operational levels;
(3) an extensive deployment history in Operation Enduring
Freedom and Operation Iraqi Freedom;
(4) a location in the Northeastern United States;
(5) the capacity or potential capacity to accommodate a
target training audience range of 500 to 4,000 additional
personnel; and
(6) the capability to accommodate the training of current
and future joint forces.
SEC. 1053. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED
REPORTS.
(a) Report Required.--Not later than March 1, 2011, the Comptroller
General of the United States shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report evaluating the sufficiency, adequacy, and
conclusions of the following reports:
(1) The report on Air Force fighter force shortfalls, as
required by the report of the House of Representatives numbered
111-166, which accompanied the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84).
(2) The report on procurement of 4.5 generation fighters, as
required by section 131 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2218).
(3) The report on combat air forces restructuring, as
required by the report of the House of Representatives numbered
111-288, which accompanied the conference report for the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84).
(b) Matters Covered by Report.--The report required by subsection
(a) shall examine the potential costs and benefits of each of the
following:
(1) The service life extension program costs to sustain the
legacy fighter fleet to meet inventory requirements with an
emphasis on the service life extension program compared to other
options such as procurement of 4.5 generation fighters.
(2) The Falcon Structural Augmentation Roadmap of F-16s,
with emphasis on the cost-benefit of such effort and the effect
of such efforts on the service life of the airframes.
(3) Any additional programs designed to extend the service
life of legacy fighter aircraft.
(c) Prohibition.--No fighter aircraft may be retired from the Air
Force or the Air National Guard inventory in fiscal year 2011 until the
date that is 90 days after the date on which the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives receive the report required under subsection (a).
SEC. 1054. <<NOTE: 10 USC 113 note.>> BIENNIAL REPORT ON NUCLEAR
TRIAD.
(a) <<NOTE: Effective date.>> Report.--Not later than March 1 of
each even-numbered year, beginning March 1, 2012, the Secretary of
Defense, in consultation with the Administrator for Nuclear Security,
shall submit to the congressional defense committees a report on the
nuclear triad.
[[Page 124 STAT. 4359]]
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A detailed discussion of the modernization and
sustainment plans for each component of the nuclear triad over
the 10-year period beginning on the date of the report.
(2) The funding required for each platform of the nuclear
triad with respect to operation and maintenance, modernization,
and replacement.
(3) Any industrial capacities that the Secretary considers
vital to ensure the viability of the nuclear triad.
(c) Nuclear Triad Defined.--In this section, the term ``nuclear
triad'' means the nuclear deterrent capabilities of the United States
composed of ballistic missile submarines, land-based missiles, and
strategic bombers.
SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON ALIGNMENT OF WORLD
REGIONS IN DEPARTMENTS AND AGENCIES WITH
INTERNATIONAL RESPONSIBILITIES.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study to assess the need for and implications of a
common alignment of world regions in the internal organization of
departments and agencies of the Federal Government with international
responsibilities.
(b) Departments and Agencies.--The following departments and
agencies, at a minimum, shall be included in the study:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of Homeland Security.
(7) The United States Agency for International Development.
(8) The agencies comprising the intelligence community.
(9) Such other departments, agencies, and Federal
organizations with significant international responsibilities as
the Comptroller General considers appropriate.
(c) Cooperation and Access.--The heads of the departments and
agencies included in the study shall provide full cooperation with, and
access to appropriate information on organizational structures to, the
Comptroller General for the purposes of conducting the study.
(d) Matters Covered.--The study required under subsection (a) shall,
at a minimum, assess--
(1) problems and inefficiencies resulting from lack of a
common alignment, including impediments to interagency
collaboration;
(2) obstacles to implementing a common alignment;
(3) advantages and disadvantages of a common alignment; and
(4) measures taken to address challenges associated with the
lack of a common alignment.
(e) Report.--The Comptroller General shall submit to Congress a
report on the study required under subsection (a) not later than 180
days after the date of the enactment of this Act.
[[Page 124 STAT. 4360]]
SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION,
SUSTAINMENT, AND RECAPITALIZATION
EFFORTS IN SUPPORT OF THE NATIONAL
DEFENSE STRATEGY.
(a) Air Force Report.--
(1) Report required.--Not later than 360 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
that includes--
(A) a discussion of the cost, schedule, and
performance of all planned efforts to modernize and keep
viable the existing B-1, B-2, and B-52 bomber fleets and
a discussion of the forecasted service-life and all
sustainment challenges that the Secretary of the Air
Force may confront in keeping those platforms viable
until the anticipated retirement of such aircraft;
(B) a discussion, presented in a comparison and
contrast type format, of the scope of the 2007 Next-
Generation Long Range Strike Analysis of Alternatives
guidance and subsequent Analysis of Alternatives report
tasked by the Under Secretary of Defense for
Acquisition, Technology, and Logistics in the September
11, 2006, Acquisition Decision Memorandum, as compared
to the scope and directed guidance of the year 2010 Long
Range Strike Study effort currently being conducted by
the Under Secretary of Defense for Policy and the Office
of the Secretary of Defense's Cost Assessment and
Program Evaluation Office; and
(C) a discussion of the preliminary costs, any
development, testing, fielding and operational
employment challenges, capability gaps, limitations, and
shortfalls of the Secretary of Defense's plan to field a
long-range, penetrating, survivable, persistent and
enduring ``family of systems'' as compared to the
preliminary costs, any development, testing, fielding,
and operational employment of a singular platform that
encompasses all the required aforementioned
characteristics.
(2) Preparation of report.--The report under paragraph (1)
shall be prepared by a federally funded research and development
center selected by the Secretary of the Air Force and submitted
to the Secretary for submittal by the Secretary in accordance
with that paragraph.
(b) Cost Analysis and Program Evaluation Report.--Not later than 180
days after the date of the enactment of this Act, the Director of the
Cost Analysis and Program Evaluation of the Office of the Secretary of
Defense shall submit to the congressional defense committees a report
that includes--
(1) the assumptions and estimated life-cycle costs of the
Department's long-range, penetrating, survivable, persistent,
and enduring ``family of systems'' platforms; and
(2) the assumptions and estimated life-cycle costs of the
Next Generation Platform program, as planned, prior to the
cancellation of the program on April 6, 2009.
[[Page 124 STAT. 4361]]
SEC. 1057. COMPTROLLER GENERAL STUDY AND RECOMMENDATIONS REGARDING
SECURITY OF SOUTHERN LAND BORDER OF THE
UNITED STATES.
(a) Study and Report Required.--The Comptroller General of the
United States shall conduct a study of the security of the southern land
border of the United States and ongoing United States Government efforts
to improve such security. Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing the findings of the study and such
recommendations based on such findings as the Comptroller General
considers to be appropriate.
(b) Issues Addressed.--The study and report required by subsection
(a) shall address, at a minimum, the following issues:
(1) The extent to which the United States has or has not
achieved and maintained operational control over the southern
land border of the United States, as defined in section 2(b) of
the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701
note).
(2) The extent to which any lack of operational control over
the southern land border of the United States has resulted in
the operation of illicit networks trafficking in people, drugs,
illegal weapons and money, violence associated with such illegal
activities, and other impacts adverse to the interests of the
United States.
(3) The costs and benefits of steps, including but not
limited to the steps identified in subsection (c), that could be
taken by elements of the United States Government to achieve
operational control over the southern land border of the United
States.
(4) The costs and benefits of an increased role for the
Department of Defense in taking any such steps.
(5) The adequacy of current information sharing agreements
and other related agreements between Federal, State, local, and
tribal law enforcement authorities with regard to the security
of the southern land border of the United States.
(6) The impact of any increased deployment of unmanned
aerial systems or unmanned aircraft on the use and availability
of the National Airspace in the area of the southern land border
of the United States.
(c) Specific Steps to Be Considered.--The steps to be considered by
the Comptroller General pursuant to paragraphs (3) and (4) of subsection
(b) shall include the following:
(1) The deployment of additional units or members of the
National Guard or other Department of Defense personnel to the
southern land border of the United States.
(2) The commitment of additional border patrol agents or
other civilian law enforcement personnel to the southern land
border of the United States.
(3) The construction of additional fencing, including
double-layer and triple-layer fencing.
(4) The increased use of ground-based mobile surveillance
systems by military or civilian personnel.
(5) The deployment of additional unmanned aerial systems and
manned aircraft to provide surveillance of the southern land
border of the United States.
[[Page 124 STAT. 4362]]
(6) The deployment and provision of capability for radio
communications interoperability between U.S. Customs and Border
Protection and State, local, and tribal law enforcement
agencies.
(7) The construction of checkpoints along the southern land
border of the United States.
(8) The use of additional mobile patrols by military or
civilian personnel, particularly in rural, high-trafficked
areas, as designated by the Commissioner of Customs and Border
Protection.
Subtitle G--Miscellaneous Authorities and Limitations
SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE REPORTS
REQUIRED BY LAW.
(a) Public Availability.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 122 the following new
section:
``Sec. 122a. Public availability of Department of Defense reports
required by law
``(a) In General.--The Secretary of Defense shall ensure that each
report described in subsection (b) is made available to the public, upon
request submitted on or after the date on which such report is submitted
to Congress, through the Office of the Assistant Secretary of Defense
for Public Affairs.
``(b) Covered Reports.--(1) Except as provided in paragraph (2), a
report described in this subsection is any report that is required by
law to be submitted to Congress by the Secretary of Defense, or by any
element of the Department of Defense.
``(2) A report otherwise described in paragraph (1) is not a report
described in this subsection if the report contains--
``(A) classified information;
``(B) proprietary information;
``(C) information that is exempt from disclosure under
section 552 of title 5 (commonly referred to as the `Freedom of
Information Act'); or
``(D) any other type of information that the Secretary of
Defense determines should not be made available to the public in
the interest of national security.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by inserting
after the item relating to section 122 the following new item:
``122a. Public availability of Department of Defense reports required by
law.''.
(b) <<NOTE: 10 USC 122a note.>> Effective Date.--Section 122a of
title 10, United States Code (as added by subsection (a)), shall take
effect 90 days after the date of the enactment of this Act, and shall
apply with respect to reports that are required by law to be submitted
to Congress on or after that date.
[[Page 124 STAT. 4363]]
SEC. 1062. <<NOTE: 10 USC 1030 note prec.>> PROHIBITION ON
INFRINGING ON THE INDIVIDUAL RIGHT TO
LAWFULLY ACQUIRE, POSSESS, OWN, CARRY,
AND OTHERWISE USE PRIVATELY OWNED
FIREARMS, AMMUNITION, AND OTHER WEAPONS.
(a) In General.--Except as provided in subsection (c), the Secretary
of Defense shall not prohibit, issue any requirement relating to, or
collect or record any information relating to the otherwise lawful
acquisition, possession, ownership, carrying, or other use of a
privately owned firearm, privately owned ammunition, or another
privately owned weapon by a member of the Armed Forces or civilian
employee of the Department of Defense on property that is not--
(1) a military installation; or
(2) any other property that is owned or operated by the
Department of Defense.
(b) Existing Regulations and Records.--
(1) Regulations.--Any regulation promulgated before the date
of enactment of this Act shall have no force or effect to the
extent that it requires conduct prohibited by this section.
(2) <<NOTE: Deadline.>> Records.--Not later than 90 days
after the date of enactment of this Act, the Secretary of
Defense shall destroy any record containing information
described in subsection (a) that was collected before the date
of enactment of this Act.
(c) <<NOTE: Records.>> Rule of Construction.--Subsection (a) shall
not be construed to limit the authority of the Secretary of Defense to--
(1) create or maintain records relating to, or regulate the
possession, carrying, or other use of a firearm, ammunition, or
other weapon by a member of the Armed Forces or civilian
employee of the Department of Defense while--
(A) engaged in official duties on behalf of the
Department of Defense; or
(B) wearing the uniform of an Armed Force; or
(2) create or maintain records relating to an investigation,
prosecution, or adjudication of an alleged violation of law
(including regulations not prohibited under subsection (a)),
including matters related to whether a member of the Armed
Forces constitutes a threat to the member or others.
(d) <<NOTE: Deadline.>> Review.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the privately owned
weapons policy of the Department of Defense, including legal and
policy issues regarding the regulation of privately owned
firearms off of a military installation, as recommended by the
Department of Defense Independent Review Related to Fort Hood;
and
(2) <<NOTE: Reports.>> submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report regarding the findings of
and recommendations relating to the review conducted under
paragraph (1), including any recommendations for adjustments to
the requirements under this section.
(e) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term under section
2687(e)(1) of title 10, United States Code.
[[Page 124 STAT. 4364]]
SEC. 1063. DEVELOPMENT OF CRITERIA AND METHODOLOGY FOR DETERMINING
THE SAFETY AND SECURITY OF NUCLEAR
WEAPONS.
(a) In General.--The Secretary of Energy and the Secretary of
Defense shall, acting through the Nuclear Weapons Council, develop the
following:
(1) Criteria for determining the appropriate baseline for
safety and security of nuclear weapons through the life cycle of
such weapons.
(2) A methodology for determining the level of safety and
security that may be achieved through a life extension program
for each type of nuclear weapon.
(b) Report Required.--Not later than March 1, 2012, the Secretary of
Energy and the Secretary of Defense shall jointly submit to the
congressional defense committees a report containing the criteria and
the methodology developed pursuant to subsection (a).
Subtitle H--Other Matters
SEC. 1071. NATIONAL DEFENSE PANEL.
Subsection (f) of section 118 of title 10, United States Code, is
amended to read as follows:
``(f) National Defense Panel.--
``(1) <<NOTE: Deadline.>> Establishment.--Not later than
February 1 of a year in which a quadrennial defense review is
conducted under this section, there shall be established an
independent panel to be known as the National Defense Panel (in
this subsection referred to as the `Panel'). The Panel shall
have the duties set forth in this subsection.
``(2) Membership.--The Panel shall be composed of ten
members from private civilian life who are recognized experts in
matters relating to the national security of the United States.
Eight of the members shall be appointed as follows:
``(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
``(B) Two by the chairman of the Committee on Armed
Services of the Senate.
``(C) Two by the ranking member of the Committee on
Armed Services of the House of Representatives.
``(D) Two by the ranking member of the Committee on
Armed Services of the Senate.
``(3) <<NOTE: Appointment.>> Co-chairs of the panel.--In
addition to the members appointed under paragraph (2), the
Secretary of Defense shall appoint two members from private
civilian life to serve as co-chairs of the panel.
``(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Panel. Any vacancy in the Panel
shall be filled in the same manner as the original appointment.
``(5) Duties.--The Panel shall have the following duties
with respect to a quadrennial defense review:
``(A) While the review is being conducted, the Panel
shall review the updates from the Secretary of Defense
required under paragraph (8) on the conduct of the
review.
``(B) The Panel shall--
[[Page 124 STAT. 4365]]
``(i) review the Secretary of Defense's terms
of reference and any other materials providing the
basis for, or substantial inputs to, the work of
the Department of Defense on the quadrennial
defense review;
``(ii) conduct an assessment of the
assumptions, strategy, findings, and risks of the
report on the quadrennial defense review required
in subsection (d), with particular attention paid
to the risks described in that report;
``(iii) conduct an independent assessment of a
variety of possible force structures of the armed
forces, including the force structure identified
in the report on the quadrennial defense review
required in subsection (d);
``(iv) review the resource requirements
identified pursuant to subsection (b)(3) and, to
the extent practicable, make a general comparison
to the resource requirements to support the forces
contemplated under the force structures assessed
under this subparagraph; and
``(v) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadlines.>> Updates from secretary of
defense.--The Secretary of Defense shall ensure that
periodically, but not less often than every 60 days, or at the
request of the co-chairs, the Department of Defense briefs the
Panel on the progress of the conduct of a quadrennial defense
review under subsection (a).
``(9) Administrative provisions.--
``(A) The Panel may request directly from the
Department of Defense and any of its components such
information as the Panel considers necessary to carry
out its duties under this subsection. The head of the
department or agency concerned shall cooperate with the
Panel to ensure that information requested by the Panel
under this paragraph is promptly provided to the maximum
extent practical.
``(B) Upon the request of the co-chairs, the
Secretary of Defense shall make available to the Panel
the services of any federally funded research and
development center that is covered by a sponsoring
agreement of the Department of Defense.
[[Page 124 STAT. 4366]]
``(C) The Panel shall have the authorities provided
in section 3161 of title 5 and shall be subject to the
conditions set forth in such section.
``(D) Funds for activities of the Panel shall be
provided from amounts available to the Department of
Defense.
``(10) Termination.--The Panel for a quadrennial defense
review shall terminate 45 days after the date on which the Panel
submits its final report on the quadrennial defense review under
paragraph (7).''.
SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL
HOMELAND SECURITY AND EMERGENCY
MANAGEMENT AGENCIES.
(a) State and Local Agencies to Which Sales May Be Made.--Section
2576 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``State and local law enforcement
and firefighting agencies'' and inserting ``State and
local law enforcement, firefighting, homeland security,
and emergency management agencies''; and
(B) by striking ``in carrying out law enforcement
and firefighting activities'' and inserting ``in
carrying out law enforcement, firefighting, homeland
security, and emergency management activities''; and
(2) in subsection (b), by striking ``State or local law
enforcement or firefighting agency'' both places it appears and
inserting ``State or local law enforcement, firefighting,
homeland security, or emergency management agency''.
(b) Types of Equipment That May Be Sold.--Subsection (a) of such
section is further amended by striking ``and protective body armor'' and
inserting ``personal protective equipment, and other appropriate
equipment''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2576. Surplus military equipment: sale to State and local
law enforcement, firefighting, homeland
security, and emergency management agencies''.
(2) Table of sections.--The item relating to section 2576 in
the table of sections at the beginning of chapter 153 of such
title is amended to read as follows:
``2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland security, and emergency
management agencies.''.
SEC. 1073. <<NOTE: 10 USC 2359a note.>> DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
(a) Program Established.--The Secretary of Defense shall establish a
competitive, merit-based program to accelerate the fielding of
technologies developed pursuant to phase II Small Business Innovation
Research Program projects, technologies developed by the defense
laboratories, and other innovative technologies (including dual use
technologies). The purpose of this program is to stimulate innovative
technologies and reduce acquisition or lifecycle costs, address
technical risks, improve the timeliness and thoroughness of test and
evaluation outcomes, and rapidly insert
[[Page 124 STAT. 4367]]
such products directly in support of primarily major defense acquisition
programs, but also other defense acquisition programs that meet critical
national security needs.
(b) <<NOTE: Deadlines.>> Guidelines.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall issue
guidelines for the operation of the program. At a minimum such guidance
shall provide for the following:
(1) The issuance of an annual broad agency announcement or
the use of any other competitive or merit-based processes by the
Department of Defense and by each military department for
candidate proposals in direct support of primarily major defense
acquisition programs, but also other defense acquisition
programs as described in subsection (a).
(2) The review of candidate proposals by the Department of
Defense and by each military department and the merit-based
selection of the most promising cost-effective proposals for
funding through contracts, cooperative agreements, and other
transactions for the purposes of carrying out the program.
(3) The total amount of funding provided to any project
under the program shall not exceed $3,000,000, unless the
Secretary, or the Secretary's designee, approves a larger amount
of funding for the project. Any such approval shall be made on a
case-by-case basis and notice of any such approval shall be
submitted to the congressional defense committees by not later
than 30 days after such approval is made.
(4) No project shall be funded under the program for more
than two years, unless the Secretary, or the Secretary's
designee, approves funding for any additional
year. <<NOTE: Notice.>> Any such approval shall be made on a
case-by-case basis and notice of any such approval shall be
submitted to the congressional defense committees by not later
than 30 days after such approval is made.
(c) Treatment Pursuant to Certain Congressional Rules.--Nothing in
this section shall be interpreted to require or enable any official of
the Department of Defense to provide funding under this section to any
earmark as defined pursuant to House Rule XXI, clause 9, or any
congressionally directed spending item as defined pursuant to Senate
Rule XLIV, paragraph 5.
(d) Funding.--Subject to the availability of appropriations for such
purpose, the amounts authorized to be appropriated for research,
development, test, and evaluation for each of fiscal years 2011 through
2015 may be used for any such fiscal year for the program established
under subsection (a).
(e) Transfer Authority.--The Secretary may transfer funds available
for the program to the research, development, test, and evaluation
accounts of a military department, defense agency, or the unified
combatant command for special operations forces pursuant to a proposal,
or any part of a proposal, that the Secretary determines would directly
support the purposes of the program. The transfer authority provided in
this subsection is in addition to any other transfer authority available
to the Department of Defense.
(f) Report.--Not later than 60 days after the last day of a fiscal
year during which the Secretary carries out a program under this
section, the Secretary shall submit to the congressional defense
committees a report that includes a list and description of each
[[Page 124 STAT. 4368]]
project funded under this section, including, for each such project, the
amount of funding provided for the project, the defense acquisition
program that the project supports, including the extent to which the
project meets needs identified in its acquisition plan, the anticipated
timeline for transition for the project, and the degree to which a
competitive, merit-based process was used to evaluate and select the
performers of the projects selected under this program.
(g) Termination.--The authority to carry out a program under this
section shall terminate on September 30, 2015. <<NOTE: Time period.>>
Any amounts made available for the program that remain available for
obligation on the date the program terminates may be transferred under
subsection (e) during the 180-day period beginning on the date of the
termination of the program.
SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE
FOR DOMESTIC EMERGENCY ASSISTANCE.
(a) Domestic Authority.--Section 2557 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by adding at the end the following
new sentence: ``In addition, the Secretary may make nonlethal
excess supplies of the Department available to support domestic
emergency assistance activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``Excess''; and
(B) by adding at the end the following new
paragraph:
``(2) Excess supplies made available under this section to support
domestic emergency assistance activities shall be transferred to the
Secretary of Homeland Security. The Secretary of Defense may provide
assistance in the distribution of such supplies at the request of the
Secretary of Homeland Security.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for
humanitarian relief, domestic emergency
assistance, and homeless veterans assistance''.
(2) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 152 of such
title is amended to read as follows:
``2557. Excess nonlethal supplies: availability for humanitarian relief,
domestic emergency assistance, and homeless veterans
assistance.''.
SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 8344(l)(2)(B), as added by section 1122(a) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2505), is amended by striking
``5201 et seq.'' and inserting ``5211 et seq.''.
(2) Section 9902(a)(2), as added by section 1113(d) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2499), is amended by striking ``chapters''
both places it appears and inserting ``chapter''.
(b) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
[[Page 124 STAT. 4369]]
(1) The tables of chapters at the beginning of subtitle A
and at the beginning of part II of such subtitle are amended by
striking ``1031'' in the item relating to chapter 53 and
inserting ``1030''.
(2) <<NOTE: 10 USC 127.>> Section 127a is amended--
(A) in subsection (a)(1)(A), by striking ``Armed
Forces'' and inserting ``armed forces''; and
(B) in subsection (b)(1) by striking ``Armed
Forces'' both places it appears and inserting ``armed
forces''.
(3) Section 127d(d)(1) is amended by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(4) Section 132 is amended--
(A) by redesignating subsection (d), as added by
section 2831(a) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2669), as subsection (e); and
(B) in such subsection, by striking ``Guam Executive
Council'' and inserting ``Guam Oversight Council''.
(5) Section 139c(d)(4) is amended by adding at period at the
end.
(6) Section 139d(a)(6) is amended by striking ``propriety''
and inserting ``proprietary''.
(7) Section 172 is amended--
(A) by striking ``(a)'' before ``The Secretaries'';
and
(B) by striking subsection (b).
(8) Section 181(b)(3) is amended by striking ``Performance
Evaluation'' and inserting ``Program Evaluation''.
(9) Section 186 is amended by redesignating the second
subsection (c) (relating to definitions) as subsection (d).
(10)(A) Section 382 is amended by striking ``section 175 or
2332c'' in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and
inserting ``section 175, 229, or 2332a''.
(B) The heading of such section is amended by striking
``chemical or biological''.
(C) The table of sections at the beginning of chapter 18 is
amended by striking the item relating to section 382 and
inserting the following new item:
``382. Emergency situations involving weapons of mass destruction.''.
(11) Section 428(f) is amended by striking ``, United States
Code,''.
(12) Section 525 is amended--
(A) in subsection (d), by striking ``section
601(b)(4)'' and inserting ``section 601(b)(5)''; and
(B) in subsection (g)(1)--
(i) by striking ``and is not'' and inserting
``and are not''; and
(ii) by adding at period at the end.
(13) Section 841(c) is amended by striking ``trail counsel''
and inserting ``trial counsel''.
(14) Section 843(b)(2)(B)(v) is amended by striking
``Kidnaping; indecent assault;'' and inserting ``Kidnaping,
indecent assault,''.
(15) Section 1030(e)(1) is amended by striking ``3 years,''
and inserting ``three years.''.
(16) Section 1146 is amended--
[[Page 124 STAT. 4370]]
(A) in subsection (a), by striking ``(a) Benefits
for Members Involuntarily Separated.--'', as added by
section 5(1) of Public Law 110-317 (122 Stat. 3528);
(B) by redesignating the second subsection (b) as
subsection (c); and
(C) in subsection (c), as so redesignated--
(i) by striking ``Benefits for'' in the
subsection heading;
(ii) by striking ``Armed Forces'' in the
matter preceding paragraph (1) and inserting
``armed forces''; and
(iii) by striking ``the members entitlement''
in paragraph (2) and inserting ``the member's
entitlement''.
(17) Section 1174(i) <<NOTE: 10 USC 1174.>> is amended by
striking ``Armed Forces'' each place it appears and inserting
``armed forces''.
(18) Section 1175a(j)(3) is amended by striking ``title 10''
and inserting ``this title''.
(19) Section 1203(b)(4)(B) is amended by striking
``determination,,'' and inserting ``determination,''.
(20) Section 1482a(c)(3) is amended by striking ``section
1482(a)(11)'' and inserting ``section 1482(e)(5)(A)''.
(21) Section 1566a(a)(1) is amended by inserting a close
parenthesis before the period at the end.
(22) Section 1599c(a)(2)(B) is amended by striking
``subchapter 1'' and inserting ``subchapter I''.
(23) Section 1781b(d) is amended by striking ``March 1,
2008, and each year thereafter'' and inserting ``March 1 each
year''.
(24) Section 1781c(h)(1) is amended by striking ``180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010, and annually
thereafter'' and inserting ``April 30 each year''.
(25) Section 1788(b) is amended by striking ``Armed Forces''
and inserting ``armed forces''.
(26) Section 2004b(b)(1) is amended by striking ``pay grade
0-3'' and inserting ``pay grade O-3''.
(27) The table of sections at the beginning of chapter 104
is amended by transferring the item relating to section 2113a to
appear after the item relating to section 2113.
(28) Section 2130a(b)(1) is amended by striking ``Training
Program'' both places it appears and inserting ``Training Corps
program''.
(29) Section 2222(a) is amended by striking ``Effective
October 1, 2005, funds'' and inserting ``Funds''.
(30) The table of sections at the beginning of subchapter I
of chapter 134, as amended by section 1031(a)(2) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2448), is amended by transferring the item
relating to section 2241a from the end of the table of sections
to appear after the item relating to section 2241.
(31) Section 2323(a)(1)(D) is amended by inserting a close
parenthesis before the semicolon.
(32) Section 2362(e)(1) is amended by striking ``IV'' and
inserting ``V''.
(33) Section 2366a(c) is amended--
(A) by inserting a space between ``(c)'' and the
subsection heading; and
[[Page 124 STAT. 4371]]
(B) in paragraph (4), by striking ``section 125a(a)
of this title'' and inserting ``section 118b(c)(3) of
this title''.
(34) Section 2433(a)(1) <<NOTE: 10 USC 2433.>> is amended
by striking ``section 2430a(c)'' and inserting ``section
2430a(d)''.
(35) Section 2433a(b)(2)(B) is amended by striking ``section
181(g)((1)'' and inserting ``section 181(g)(1)''.
(36) Section 2476(d)(2)(D) is amended by striking ``Navy
Depots'' and inserting ``Navy depots''.
(37) Section 2488(f) is amended by striking ``Armed Forces''
both places it appears and inserting ``armed forces''.
(38) Section 2533a(d) is amended in paragraphs (1) and (4)
by striking ``(b)(1)(A), (b)(2), or (b)(3)'' and inserting
``(b)(1)(A) or (b)(2)''.
(39) Section 2603 is amended by striking ``Armed Forces''
both places it appears and inserting ``armed forces''.
(40) Section 2642(a)(3) is amended by striking ``During the
five-year period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2010'' and
inserting ``During the period beginning on October 28, 2009, and
ending on October 28, 2014''.
(41) Section 2667(e) is amended--
(A) in paragraph (1)(A)(ii), by striking ``sections
2668 and 2669'' and inserting ``section 2668''; and
(B) in paragraph (5), by striking ``subsection (f)''
and inserting ``subsection (g)''.
(42) Section 2671(a)(2) is amended by striking ``Armed
Forces'' and inserting ``armed forces''.
(43) Section 2684a(g)(1) is amended by striking ``March 1,
2007, and annually thereafter'' and inserting ``March 1 each
year''.
(44) Section 2687a(a) is amended by striking ``31for'' and
inserting ``31 for''.
(45) Section 2694c(d)(4) is amended by inserting
``Authorization'' after ``Military Construction''.
(46) Chapter 160 is amended--
(A) in section 2700(2), by inserting `` `pollutant
or contaminant','' after `` `person',''; and
(B) in section 2701(b)(1), by striking ``hazardous
substances, pollutants, and contaminants'' and inserting
``a hazardous substance or pollutant or contaminant''.
(47) The table of subchapters at the beginning of chapter
173 is amended by inserting ``Sec.'' above ``2911''.
(48) Section 2922d is amended by striking ``1 or more'' each
place it appears and inserting ``one or more''.
(49) Section 7042(a)(1)(A) is amended by striking the comma
after ``captain''.
(50) Section 9515 is amended--
(A) in subsection (b), by striking ``Section 1356 of
the National Defense Authorization Act for 2008'' and
inserting ``section 1356 of the National Defense
Authorization Act for Fiscal Year 2008'';
(B) in subsection (f)(2), by striking ``paragraph
(2)'' and inserting ``paragraph (1)''; and
(C) in subsection (j)(1), by striking ``United
States Code,''.
(51) Section 10214 is amended by striking ``14508(e)'' and
inserting ``14508(h)''.
[[Page 124 STAT. 4372]]
(52) Section 10216 <<NOTE: 10 USC 10216.>> is amended by
striking ``section 115(c)'' in subsections (b)(1), (c)(1), and
(c)(2)(A) and inserting ``section 115(d)''.
(53) Section 10217(c)(1) is amended--
(A) by striking ``Effective October 1, 2007, the''
and inserting ``The''; and
(B) by striking ``after the preceding sentence takes
effect''.
(54) Section 12203(a) is amended by striking ``above'' in
the first sentence and inserting ``of''.
(55) Section 16132a is amended--
(A) in subsection (b)(1), by striking ``agreement to
service'' and inserting ``agreement to serve''; and
(B) in subsection (i)(2), by striking ``whose''.
(56) Section 16163a(b)(2) is amended by striking ``section
(j)'' and inserting ``subsection (j)''.
(c) Title 37.--Title 37, United States Code, is amended as follows:
(1) Section 303a(e)(3)(B) is amended by inserting ``of''
after ``result''.
(2) The table of sections at the beginning of chapter 5 is
amended by striking the item related to section 312 and
inserting the following new item:
``312. Special pay: nuclear-qualified officers extending period of
active service.''.
(3) The table of sections at the beginning of chapter 7 is
amended--
(A) by striking the item related to section 438 and
inserting the following new item:
``411k. Travel and transportation allowances: non-medical attendants for
members who are determined to be very seriously or seriously
wounded, ill, or injured.''; and
(B) by striking the item related to section 438 and
inserting the following new item:
``438. Preventive health services allowance.''.
(4) Section 411k(d)(1) is amended by striking ``allowances
section'' and inserting ``allowances under section''.
(d) <<NOTE: 10 USC 525 note.>> National Defense Authorization Act
for Fiscal Year 2010.--Effective as of <<NOTE: Effective date.>>
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) <<NOTE: 10 USC 525.>> Section 502(c)(3) (123 Stat.
2274) is amended by striking ``officers'' and inserting
``general officers and flag officers''.
(3) <<NOTE: 42 USC 1973ff-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)''.
(4) <<NOTE: 42 USC 1973ff.>> Section 584(a) (123 Stat.
2330) is amended by striking ``such Act'' and inserting ``the
Uniformed and Overseas Citizens Absentee Voting Act''.
(5) <<NOTE: 42 USC 1973ff.>> Section 585(b)(1) (123 Stat.
2331) is amended by striking subparagraphs (A) and (B), and
inserting the following new subparagraphs:
``(A) in paragraph (2), by striking `section 102(4)'
and inserting `section 102(a)(4)'; and
[[Page 124 STAT. 4373]]
``(B) by striking paragraph (4) and inserting the
following new paragraph:
`` `(4) prescribe a suggested design for absentee ballot
mailing envelopes;'; and''.
(6) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``section 107(a)'' and
inserting ``section 107(1)''; and
(ii) by striking ``1973ff et seq.'' and
inserting ``1973ff-6(1)''; and
(B) in subsection (e)(1), by striking ``1977ff
note'' and inserting ``1973ff note''.
(7) The undesignated section immediately following section
603 (123 Stat. 2350) is designated as section 604.
(8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is
amended--
(A) by striking ``feasability'' both places it
appears and inserting ``feasibility''; and
(B) by striking ``specialities'' both places it
appears and inserting ``specialties''.
(9) <<NOTE: 10 USC 2302 note.>> Section 813(a)(3) (123
Stat. 2407) is amended by inserting ``order'' after ``task'' in
the matter to be struck.
(10) <<NOTE: 10 USC 421 prec.>> Section 921(b)(2) (123
Stat. 2432) is amended by inserting ``subchapter I of'' before
``chapter 21''.
(11) Section 1014(c) (123 Stat. 2442) is amended by striking
``in which the support'' and inserting ``in which support''.
(12) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note)
is amended by striking ``et 13 seq.'' and inserting ``et seq.''.
(13) <<NOTE: 10 USC 2371; 50 USC 2369.>> Section 1055(f)
(123 Stat. 2462) is amended by striking ``Combating'' and
inserting ``Combatting''.
(14) <<NOTE: 10 USC 113 note.>> Section 1063(d)(2) (123
Stat. 2470) is amended by striking ``For purposes of this
section, the'' and inserting ``The''.
(15) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) is
amended--
(A) by striking ``title 14'' and inserting ``title
XIV'';
(B) by striking ``title 10'' and inserting ``title
X''; and
(C) by striking ``the Military Commissions Act of
2006 (10 U.S.C. 948 et seq.; Public Law 109-366)'' and
inserting ``chapter 47A of title 10, United States
Code''.
(16) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note
prec.) is amended by striking ``the Secretary'' in the first
sentence and inserting ``the Secretary of Defense''.
(17) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 note)
is amended by inserting ``United States Code,'' after ``title
5,'' the first place it appears.
(18) Section 1202(c) (123 Stat. 2512) is amended--
(A) by striking ``1208(f) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2086) is amended in the
second sentence'' and inserting ``1208(f)(2) of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086),
as amended by section 1202(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 363), is further amended''; and
[[Page 124 STAT. 4374]]
(B) by redesignating paragraphs (1) through (8), as
proposed to be inserted, as subparagraphs (A) through
(H), respectively and indenting the left margin of such
subparagraphs, as so redesignated, 4 ems from the left
margin.
(19) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is
amended by inserting a space between the first short title and
``or''.
(20) <<NOTE: 22 USC 5959.>> Section 1306(b) (123 Stat.
2560) is amended by striking ``fiscal year'' and inserting
``Fiscal Year''.
(21) <<NOTE: 10 USC 802.>> Subsection (b) of section 1803
(123 Stat. 2612) is amended to read as follows:
``(b) <<NOTE: 10 USC 801 note.>> Appellate Review Under Detainee
Treatment Act of 2005.--
``(1) Department of defense, emergency supplemental
appropriations to address hurricanes in the gulf of mexico, and
pandemic influenza act, 2006.--Section 1005(e) of the Detainee
Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C.
801 note) is amended by striking paragraph (3).
``(2) National defense authorization act for fiscal year
2006.--Section 1405(e) of the Detainee Treatment Act of 2005
(Public Law 109-163; 10 U.S.C. 801 note) is amended by striking
paragraph (3).''.
(22) <<NOTE: 5 USC 5304 note; 39 USC 1005.>> Section
1916(b)(1)(B) (123 Stat. 2624) is amended by striking the comma
after ``5941''.
(23) <<NOTE: 10 USC 2851.>> Section 2804(d)(2) (123 Stat.
2662) is amended by inserting ``subchapter III of'' before
``chapter 169''.
(24) <<NOTE: 10 USC 2687 note.>> Section 2835(f)(1) (123
Stat. 2677) is amended by striking ``publically-available'' and
inserting ``publicly available''.
(25) <<NOTE: 46 USC 51301.>> Section 3503(b)(1) (123 Stat.
2719) is amended by striking the extra quotation marks.
(26) <<NOTE: 49 USC 109.>> Section 3508(1) (123 Stat. 2721)
is amended by striking ``headline'' and inserting ``heading''.
(e) Duncan Hunter National Defense Authorization Act for Fiscal Year
2009.--The Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417) is amended as follows:
(1) Section 143(b)(1) (122 Stat. 4381; 10 U.S.C. 2304 note)
is amended by striking ``identifies'' and inserting
``identify''.
(2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 2431 note) is
amended by striking ``section'' and inserting ``subsection''.
(3) <<NOTE: 10 USC 2431 note.>> Section 233(a)(3) (122
Stat. 4393) is amended by striking ``122 Stat. 42'' and
inserting ``122 Stat. 43''.
(4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 8062 note) is
amended by striking ``their'' and inserting ``its''.
(5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 2911 note) is
amended by striking ``section (d)'' and inserting ``subsection
(d)''.
(6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 2302 note) is
amended by inserting a comma after ``Agent''.
(7) Section 596(b)(1)(D) (10 U.S.C. 1071 note), as amended
by section 594 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended
by striking ``or flag'' the second place it appears.
[[Page 124 STAT. 4375]]
(8) <<NOTE: 10 USC 2120 note.>> Section 597(f) (122 Stat.
4481) is amended by striking ``meeting'' and inserting
``meanings''.
(9) <<NOTE: 37 USC 427 note.>> Section 604(b) (122 Stat.
4483) is amended by inserting ``of'' after ``(a)(1)''.
(10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 353 note) is
amended by striking ``such subsections'' and inserting ``such
subsection''.
(11) <<NOTE: 10 USC 1079 note.>> Section 711(d)(2) (122
Stat. 4501) is amended by striking ``1111((b)'' and inserting
``1111(b)(3)''.
(12) <<NOTE: Effective date. 10 USC 1203 and note.>>
Effective as of October 14, 2008, and as if included in Public
Law 110-417 as enacted, section 727(b)(2) is amended by striking
``compelling''.
(13) <<NOTE: 10 USC 2320 note.>> Section 822(c)(1)(A) (122
Stat. 4532) is amended by striking ``this title'' and inserting
``title 10, United States Code''.
(14) <<NOTE: 41 USC 3302.>> Section 863(b)(3)(A) (122 Stat.
4547) is amended by striking ``subsection (d)(2)(A)'' and
inserting ``subsection (d)(3)(A)''.
(15) <<NOTE: 41 USC 1704.>> Section 869 (122 Stat. 4553) is
amended--
(A) in subsection (b), by striking ``433(a)'' and
inserting ``433a(a)''; and
(B) in subsection (c)(4)--
(i) by striking ``37(j)'' and inserting
``37(g)''; and
(ii) by striking ``433(j)'' and inserting
``433(g)''.
(16) Section 873(a)(4) (122 Stat. 4558; 10 U.S.C. 6101 note)
is amended by striking ``to Government'' and inserting ``to the
Government''.
(17) Section 1111 (10 U.S.C. 143 note), as amended by
section 1109 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2492), is
amended--
(A) in subsection (a)(1), by striking ``section
821'' and inserting ``section 833''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by
striking ``secretary of a military department''
and inserting ``Secretary of a military
department'';
(ii) in paragraph (1)--
(I) by striking ``the the
requirements'' and inserting ``the
requirements''; and
(II) by striking ``this title'' and
inserting ``such title''; and
(iii) in paragraph (2), by striking ``any any
of the following'' and inserting ``any of the
following''.
(18) Section 1602(5) (122 Stat. 4653; 22 U.S.C. 2368 note)
is amended by striking ``a Active'' and inserting ``an Active''.
(19) Section 3113 (122 Stat. 4754; 50 U.S.C. 2444) is
amended--
(A) in subsection (b)(2), by inserting a close
parenthesis before the semicolon; and
(B) in subsection (d)(2), by striking ``fails
repay'' and inserting ``fails to repay''.
(20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is
amended by inserting a period at the end of subsection (f).
(f) National Defense Authorization Act for Fiscal Year 2008.--The
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) is amended as follows:
[[Page 124 STAT. 4376]]
(1) Section 624 (122 Stat. 153; 37 U.S.C. 307a note) is
amended--
(A) in subsection (a), by striking ``Operating'' and
inserting ``Operation''; and
(B) in subsection (b), by striking ``Operating'' and
inserting ``Operation''.
(2) <<NOTE: Effective date. 10 USC 2533b and note.>>
Effective as of January 28, 2008, and as if included in Public
Law 110-181 as enacted, section 804 (122 Stat. 208) is amended--
(A) in subsection (a)(3), by striking ``speciality''
and inserting ``specialty''; and
(B) in subsection (e), by striking ``subsection
(c)'' and inserting ``subsection (d)(1)''.
(3) Section 808 (122 Stat. 215; 10 U.S.C. 2330 note) is
amended by redesignating the second subsection (c) as subsection
(d).
(4) Section 827(a)(2) (122 Stat. 228; 10 U.S.C. 2410n note)
is amended by striking ``subsection (a)'' and inserting
``paragraph (1)''.
(5) Section 843 (122 Stat. 236) is amended--
(A) <<NOTE: 10 USC 2304c.>> in subsection
(a)(2)(C), by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(B) <<NOTE: 41 USC 4106.>> in subsection (b)(2)(C),
by striking ``paragraph (1)'' and inserting
``subparagraph (A)''.
(6) Section 890 (122 Stat. 269; 10 U.S.C. 2302 note) is
amended--
(A) in subsection (a), by inserting ``Act'' before
``of 1979'';
(B) in subsection (b), by inserting ``Act'' before
``of 1979''; and
(C) in subsection (d)(1), by striking ``sections''
and inserting ``parts''.
(7) <<NOTE: 10 USC 14310.>> Section 1063(a)(16) (122 Stat.
322) is amended by striking ``(1)''.
(8) <<NOTE: Effective date.>> Effective as of January 28,
2008, and as if included in Public Law 110-181 as enacted,
section 1075(a) (122 Stat. 333) is amended <<NOTE: 50 USC 2301
note. 8 USC 1157 note.>> by striking ``June'' and inserting
``September''.
(9) Section 1243(c) (122 Stat. 396) is amended by striking
``4))'' and inserting ``4)))''.
(10) <<NOTE: 8 USC 1157 note.>> Section 1244(a)(3) (122
Stat. 396) is amended by striking ``4))'' and inserting
``4)))''.
(g) <<NOTE: 10 USC 2663 note. Effective date.>> John Warner
National Defense Authorization Act for Fiscal Year 2007.--Effective as
of October 17, 2006, and as if included therein as enacted, the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) is amended as follows:
(1) Section 321(a)(1) (120 Stat. 2144; 10 U.S.C. 2222 note)
is amended by striking ``Public Law 190-163'' and inserting
``Public Law 109-163''.
(2) <<NOTE: 10 USC 113 note.>> Section 348(2) (120 Stat.
2159) is amended in the matter to be struck from and inserted in
section 366(d) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2523) by
striking ``within'' both places it appears and inserting
``Within''.
(3) <<NOTE: 10 USC 1030 note prec.>> Section 355(b)(1) (120
Stat. 2162) is amended in the matter to be struck from section
344 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 10 U.S.C. note prec. 1030) by striking
``Operation Iraqi Freedom
[[Page 124 STAT. 4377]]
and Operation Enduring Freedom'' and inserting ``Operation
Enduring Freedom and Operation Iraqi Freedom''.
(4) <<NOTE: 10 USC 14311.>> Section 511(b)(3) (120 Stat.
2183) is amended in the matter preceding subparagraph (A) by
striking ``section'' and inserting ``title''.
(5) Section 705(b)(2) (120 Stat. 2281; 10 U.S.C. 1074g note)
is amended by striking ``section 1074g(a)(2)(E)'' and inserting
``section 1074g(a)(2)''.
(6) <<NOTE: 10 USC 2663.>> Section 2821(b)(1) (120 Stat.
2474) is amended by inserting ``by striking'' after ``subsection
(a)(1),''.
(h) <<NOTE: 10 USC 2651 note. Effective date.>> National Defense
Authorization Act for Fiscal Year 2006.--Effective as of January 6,
2006, and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163) is amended
as follows:
(1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 10101 note) is
amended by striking ``10 USC 10101 note.''.
(2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 2101 note) is
amended by inserting ``of'' after ``Committee on Armed
Services'' the first place it appears.
(3) <<NOTE: Effective date. 31 USC 3702.>> Section
1056(e)(2) (119 Stat. 3440) is amended by striking ``Section''
and inserting ``Effective as of December 2, 2002, and as if
included in Public Law 107-314 as enacted, section''.
(4) Section 1057 (119 Stat. 3440) is amended--
(A) in subsection (a)--
(i) <<NOTE: 10 USC 4778.>> in paragraph (5),
by striking ``4778,''; and
(ii) <<NOTE: 10 USC 2651.>> in paragraph (6),
by striking ``4747'' and inserting ``2651'';
(B) <<NOTE: 32 USC 109.>> in subsection (b)(3)--
(i) by striking ``109,''; and
(ii) by adding at the end the following new
sentence: ``Section 109 is amended by striking
`State or Territory, Puerto Rico, the Virgin
Islands, or the District of Columbia' each place
it appears and inserting `State, the Commonwealth
of Puerto Rico, the District of Columbia, Guam, or
the Virgin Islands' ''; and
(C) <<NOTE: 32 USC 324.>> in subsection (b)(5)--
(i) in the language to be struck from section
324 of title 32, United States Code, by striking
the comma after ``Rico''; and
(ii) in the language to be inserted in section
324 of title 32, United States Code, by inserting
``of'' after ``Virgin Islands,''.
(5) <<NOTE: 10 USC 2192 note.>> Section 1104 (119 Stat.
3448) is amended--
(A) in subsection (a)(3)(A), by inserting ``the
first place it appears'' before ``and inserting''; and
(B) in subsection (c), by striking ``subsection
(c)(1)'' and inserting ``subsection (b)(2)''.
(6) <<NOTE: 10 USC 2884.>> Section 2806(c)(2)(A) (119 Stat.
3507) is amended in the matter to be struck from and inserted in
section 2884(b)(1) of title 10, United States Code, by striking
``a'' both places it appears and inserting ``A''.
(i) <<NOTE: 10 USC 113 note.>> Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005.--The Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is
amended as follows:
[[Page 124 STAT. 4378]]
(1) Section 577(b)(12) (10 U.S.C. 113 note), as amended by
section 563(e) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4471) is amended by striking ``The Secretary shall
implement'' and inserting ``Implementation of''.
(2) Section 1085 (118 Stat. 2065; 10 U.S.C. 113 note), as
amended by section 360(c) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat 78) is
amended by striking ``subsection (a)'' and inserting ``section
360(a) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 77)''.
(j) Bob Stump National Defense Authorization Act for Fiscal Year
2003.--Section 1032(a) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is
amended by striking ``thereafter,,'' and inserting ``thereafter,''.
(k) <<NOTE: 10 USC 2366b note. Effective date.>> Weapon Systems
Acquisition Reform Act of 2009.--Effective as of May 22, 2009, and as if
included therein as enacted, section 205 of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1724) is
amended--
(1) in subsection (a)(1)(B), by striking ``paragraphs (1)
and (2)'' in the matter to be inserted and inserting
``paragraphs (1), (2), and (3)''; and
(2) <<NOTE: 10 USC 2433a note.>> in subsection (c), by
striking ``2433a(c)(3)'' and inserting ``2433a(c)(1)(C)''.
(l) Technical Correction Regarding SBIR Extension.--Section 9(m)(2)
of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section
847(a) of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2420), is amended by striking ``is
authorized'' and inserting ``are authorized''.
(m) Technical Correction Regarding Small Shipyards and Maritime
Communities Assistance Program.--Section 3506 of the National Defense
Authorization Act for Fiscal Year 2006, as reinstated by the amendment
made by section 1073(c)(14) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), <<NOTE: 46 USC
53101 note.>> is repealed.
(n) Technical Correction Regarding DOT Maritime Heritage Property.--
Section 6(a)(1)(C) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2721), is amended by striking ``the date of enactment of the
Maritime Administration Authorization Act of 2010'' and inserting
``October 28, 2009''.
(o) Technical Correction of Citation.--Section 42 of the Office of
Federal Procurement Policy Act <<NOTE: 41 USC 7105.>> (41 U.S.C. 438)
is amended--
(1) in subsection (c)(1) by striking ``(41 U.S.C. 607(b))''
and inserting ``(41 U.S.C. 607(d))''; and
(2) in subsection (c)(2)(A) by inserting ``of 1978'' after
``Contract Disputes Act''.
SEC. 1076. STUDY ON OPTIMAL BALANCE OF MANNED AND REMOTELY PILOTED
AIRCRAFT.
(a) Study.--
(1) <<NOTE: Deadline.>> 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
[[Page 124 STAT. 4379]]
on the optimal balance between manned and remotely piloted
aircraft of the Armed Forces.
(2) Selection.--The independent, non-profit organization
selected for the study under paragraph (1) shall be qualified on
the basis of having performed work in the fields of national
security and combat systems.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) With respect to each military department, an assessment
of the feasibility and desirability of a more rapid transition
from manned to remotely piloted aircraft for a range of
operations, including combat operations.
(2) An evaluation of the current ability of each military
department to resist attacks mounted by foreign militaries with
significant investments in research and development and
deployment of remotely piloted aircraft, including an assessment
of each military department's ability to defend against--
(A) a large enemy force of remotely piloted
aircraft; and
(B) any other relevant scenario involving remotely
piloted aircraft that the Secretary determines
appropriate.
(3) An analysis of--
(A) current and future capabilities of foreign
militaries in developing and deploying remotely piloted
aircraft; and
(B) identified vulnerabilities of United States
weapons systems to foreign remotely piloted aircraft.
(4) Conclusions on the matters described in paragraphs (1)
through (3) and what the independent, non-profit organization
conducting the study determines is the optimal balance of
investment in development and deployment of manned versus
remotely piloted aircraft.
(c) Report.--Not later than December 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that includes the study under subsection
(a).
(d) <<NOTE: Classified information.>> Form.--
(1) Study.--The study under subsection (a) shall include a
classified annex with respect to the matters described in
subsection (b)(3).
(2) Report.--The report under subsection (c) may include a
classified annex.
(e) Remotely Piloted Aircraft Defined.--In this section, the term
``remotely piloted aircraft'' means any unmanned aircraft operated
remotely, whether within or beyond line-of-sight, including unmanned
aerial systems, unmanned aerial vehicles, remotely piloted vehicles, and
remotely piloted aircraft.
SEC. 1077. <<NOTE: 10 USC 113 note.>> TREATMENT OF SUCCESSOR
CONTINGENCY OPERATION TO OPERATION IRAQI
FREEDOM.
Any <<NOTE: Applicability.>> law applicable to Operation Iraqi
Freedom shall apply in the same manner and to the same extent to the
successor contingency operation known as Operation New Dawn, except as
specifically provided in this Act, any amendment made by this Act, or
any other law enacted after the date of the enactment of this Act.
[[Page 124 STAT. 4380]]
SEC. 1078. <<NOTE: 10 USC 2358 note.>> PROGRAM TO ASSESS THE
UTILITY OF NON-LETHAL WEAPONS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should support the research, development, test, and
evaluation, procurement, and fielding of effective non-lethal weapons
and technologies explicitly designed to, with respect to
counterinsurgency operations, reduce military casualties and fatalities,
improve military mission accomplishment and operational effectiveness,
reduce civilian casualties and fatalities, and minimize undesired damage
to property and the environment.
(b) Program Required.--
(1) Demonstration and assessment.--The Secretary of Defense,
acting through the Executive Agent for Non-lethal Weapons and in
coordination with the Secretaries of the military departments
and the combatant commanders, shall carry out a program to
demonstrate and assess the utility and effectiveness of non-
lethal weapons to provide escalation of force options in
counter-insurgency operations.
(2) Non-lethal weapons evaluated.--In evaluating non-lethal
weapons under the program under this subsection, the Secretary
shall include non-lethal weapons designed for counter-personnel
and counter-materiel missions.
(c) Report.--
(1) Report required.--Not later than October 1, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the role and utility of non-lethal
weapons and technologies in counterinsurgency operations.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the results of any
demonstrations and assessments of non-lethal weapons
conducted during fiscal year 2011.
(B) A description of the Secretary's plans for any
demonstrations and assessments of non-lethal weapons to
be conducted during fiscal years 2012 and 2013.
(C) A description of the extent to which non-lethal
weapons doctrine, training, and employment include the
use of strategic communications strategies to enable the
effective employment of non-lethal weapons.
(D) A description of the input of the military
departments in developing concepts of operations and
tactics, techniques, and procedures for incorporating
non-lethal weapons into the current escalation of force
procedures of each department.
(E) A description of the extent to which non-lethal
weapons and technologies are integrated into the
standard equipment and training of military units.
SEC.
1079. <<NOTE: President. Reports. Assessment. Certification.>>
SENSE OF CONGRESS ON STRATEGIC NUCLEAR
FORCE REDUCTIONS.
It is the sense of Congress that no action should be taken to
implement the reduction of the strategic nuclear forces of the United
States below the levels described in the Treaty between the United
States of America and the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive Arms signed on April 8,
2010 (commonly known as the ``New START
[[Page 124 STAT. 4381]]
Treaty''), unless the President submits to the congressional defense
committees a report on such reduction, including--
(1) the justification for such reduction;
(2) an assessment of the strategic environment, threat, and
policy and the technical and operational implications of such
reduction; and
(3) written certification by the President that--
(A) either--
(i) the strategic environment or the
assessment of the threat allows for such
reduction; or
(ii) technical measures to provide a
commensurate or better level of safety, security,
and reliability as before such reduction have been
implemented for the remaining strategic nuclear
forces of the United States;
(B) the remaining strategic nuclear forces of the
United States provide a sufficient means of protection
against unforeseen technical challenges and geopolitical
events;
(C) such reduction is compensated by other measures
(such as nuclear modernization, conventional forces, and
missile defense) that together provide a commensurate or
better deterrence capability and level of credibility as
before such reduction; and
(D) measures to modernize the nuclear weapons
complex are being implemented (or have been implemented)
to provide a sufficiently responsive infrastructure to
support the remaining strategic nuclear forces of the
United States.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
Sec. 1103. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense
appointment and compensation authority for personnel for care
and treatment of wounded and injured members of the Armed
Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
SEC. 1101. CLARIFICATION OF AUTHORITIES AT PERSONNEL DEMONSTRATION
LABORATORIES.
(a) <<NOTE: 10 USC 1580 note prec.>> Clarification of Applicability
of Direct Hire Authority.--Section 1108 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4618; 10 U.S.C. 1580 note) is amended--
(1) in subsection (b), by striking ``identified'' and all
that follows and inserting ``designated by section 1105(a) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a
Department of Defense science and technology reinvention
laboratory.''; and
(2) in subsection (c), by striking ``2 percent'' and
inserting ``5 percent''.
[[Page 124 STAT. 4382]]
(b) Clarification of Applicability of Full Implementation
Requirement.--Section 1107 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357; 10 U.S.C. 2358
note) is amended--
(1) in subsection (a), by striking ``that are exempted by''
and all that follows and inserting ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note) as Department of Defense science and technology
reinvention laboratories.''; and
(2) in subsection (c), by striking ``as enumerated in'' and
all that follows and inserting ``designated by section 1105(a)
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2486) as a Department of Defense
science and technology reinvention laboratory.''.
(c) Correction to Section Reference.--Section 1121 of the National
Defense Authorization Act for Fiscal Year 2010 (123 Stat. 2505)
is <<NOTE: 5 USC 9902.>> amended--
(1) in subsection (a), by striking ``Section 9902(h) of
title 5, United States Code'' and inserting ``Section 9902(g) of
title 5, United States Code, as redesignated by section
1113(b)(1)(B)''; and
(2) in subsection (b), by striking ``section 9902(h) of such
title 5'' and inserting ``such section''.
(d) <<NOTE: 5 USC 9902 note.>> Effective Date.--(1) Except as
provided in paragraph (2), the amendments made by this section shall
take effect as of October 28, 2009.
(2) The amendment made by subsection (a)(2) shall take effect as of
the date of enactment of this Act.
SEC. 1102. <<NOTE: 5 USC 9903 note.>> REQUIREMENTS FOR DEPARTMENT
OF DEFENSE SENIOR MENTORS.
(a) <<NOTE: Policy. Procedures.>> In General.--The Secretary of
Defense shall issue appropriate policies and procedures to ensure that
all senior mentors employed by the Department of Defense are--
(1) hired as highly qualified experts under section 9903 of
title 5, United States Code; and
(2) required to comply with all applicable Federal laws and
regulations on personnel and ethics matters.
(b) Senior Mentor Defined.--In this section, the term ``senior
mentor'' means a retired flag, general, or other military officer or
retired senior civilian official who provides expert experience-based
mentoring, teaching, training, advice, and recommendations to senior
military officers, staffs, and students as they participate in war
games, warfighting courses, operational planning, operational exercises,
and decision-making exercises.
SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective <<NOTE: Effective date.>> January 1, 2011, section
1101(a) of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as amended by
section 1106(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2487), is further amended by
striking ``calendar years 2009 and 2010'' and inserting ``calendar years
2009 through 2011''.
[[Page 124 STAT. 4383]]
SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED DEPARTMENT OF
DEFENSE APPOINTMENT AND COMPENSATION
AUTHORITY FOR PERSONNEL FOR CARE AND
TREATMENT OF WOUNDED AND INJURED MEMBERS
OF THE ARMED FORCES.
(a) Designation of Occupations Covered by Recruitment and
Appointment Authority.--Subsection (a)(2) of section 1599c of title 10,
United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``shortage category
positions'' and inserting ``a shortage category
occupation or critical need occupation''; and
(B) in clause (ii), by striking ``highly qualified
persons directly'' and inserting ``qualified persons
directly in the competitive service''; and
(2) by adding at the end the following new subparagraph:
``(C) Any designation by the Secretary for purposes of subparagraph
(A)(i) shall be based on an analysis of current and future Department of
Defense workforce requirements.''.
(b) Extension.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``under subsection (a)(1)'' after
``Secretary of Defense''; and
(B) by striking ``September 30, 2012'' and inserting
``December 31, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2012'' and
inserting ``December 31, 2015''.
SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY
EMPLOYEES PERFORMING WORK ABOARD OR
DOCKSIDE IN SUPPORT OF THE NUCLEAR
AIRCRAFT CARRIER FORWARD DEPLOYED IN
JAPAN.
(a) Overtime Pay at Time-and-a-half Rate.--Section 5542(a) of title
5, United States Code, is amended by adding at the end the following new
paragraph:
``(6)(A) Notwithstanding paragraphs (1) and (2), for an
employee of the Department of the Navy who is assigned to
temporary duty to perform work aboard, or dockside in direct
support of, the nuclear aircraft carrier that is forward
deployed in Japan and who would be nonexempt under the Fair
Labor Standards Act but for the application of the foreign area
exemption in section 13(f) of that Act (29 U.S.C. 213(f)), the
overtime hourly rate of pay is an amount equal to one and one-
half times the hourly rate of basic pay of the employee, and all
that amount is premium pay.
``(B) <<NOTE: Expiration date.>> Subparagraph (A) shall
expire on September 30, 2014.''.
(b) Reports.--
(1) Secretary of navy report.--Not later than September 30,
2013, the Secretary of the Navy shall submit to the Secretary of
Defense and the Director of the Office of Personnel Management a
report that--
(A) describes the use of the authority under
paragraph (6) of section 5542(a) of title 5, United
States Code, as added by subsection (a), including
associated costs, and including an evaluation of the
extent to which exercise
[[Page 124 STAT. 4384]]
of the authority helped the Navy in meeting its mission;
and
(B) provides a recommendation on whether an
extension of the provisions of that paragraph is needed.
(2) Report to congress.--Not later than March 31, 2014, the
Director of the Office of Personnel Management shall submit to
the Committee on Armed Services and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Armed Services and the Committee on Oversight and
Governmental Reform of the House of Representatives a report
that--
(A) addresses the use of paragraph (6) of section
5542(a) of title 5, United States Code, as so added,
including associated costs, and including an evaluation
of the extent to which exercise of the authority helped
the Navy in meeting its mission;
(B) describes the extent to which other employees
experience the same circumstances as were experienced by
those described in that paragraph before its enactment;
(C) provides an analysis of the advantages and
disadvantages that would be anticipated from extending
the expiration date of the authority under that
paragraph, and from expanding the authority under that
paragraph to include other employees; and
(D) conveys the report of the Secretary of the Navy
referred to in paragraph (1).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and
cross-servicing agreements to lend certain military equipment
to certain foreign forces for personnel protection and
survivability.
Sec. 1204. Authority to pay personnel expenses in connection with
African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior
Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet Pilot Training
program.
Sec. 1207. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency
Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition
nations for support provided to United States military
operations.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces
supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
[[Page 124 STAT. 4385]]
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Reports and Other Matters
Sec. 1231. One-year extension of report on progress toward security and
stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the
Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition
operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export
control system.
Sec. 1238. Report on United States efforts to defend against threats
posed by the anti-access and area-denial capabilities of
certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense
strategy to counter violent extremism outside the United
States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the
United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required
briefings.
Subtitle A--Assistance and Training
SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.
Section 1208(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2086), as most recently amended by section 1202(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2511), is further amended by striking ``$40,000,000'' and
inserting ``$45,000,000''.
SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED
LOGISTICS INTEROPERABILITY AUTHORITY.
(a) Enhanced Interoperability Authority.--Subsection (a) of section
127d of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to'';
(2) by inserting ``of the United States'' after ``armed
forces'';
(3) by striking the second sentence; and
(4) by adding at the end the following new paragraphs:
``(2) In addition to any logistic support, supplies, and services
provided under paragraph (1), the Secretary may provide logistic
support, supplies, and services to allied forces solely for the purpose
of enhancing the interoperability of the logistical support systems of
military forces participating in combined operations with the United
States in order to facilitate such operations. Such logistic support,
supplies, and services may also be provided under this paragraph to a
nonmilitary logistics, security, or similar agency of an allied
government if such provision would directly benefit the armed forces of
the United States.
``(3) Provision of support, supplies, and services pursuant to
paragraph (1) or (2) may be made only with the concurrence of the
Secretary of State.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (a)'' in
paragraphs (1) and (2) and inserting ``subsection (a)(1)''; and
[[Page 124 STAT. 4386]]
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2), the'' and inserting ``The''; and
(ii) by striking ``this section'' and
inserting ``subsection (a)(1)''; and
(B) in paragraph (2), by striking ``In addition''
and all that follows through ``fiscal year,'' and
inserting ``The value of the logistic support, supplies,
and services provided under subsection (a)(2) in any
fiscal year may not''.
SEC. 1203. EXPANSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND
CROSS-SERVICING AGREEMENTS TO LEND
CERTAIN MILITARY EQUIPMENT TO CERTAIN
FOREIGN FORCES FOR PERSONNEL PROTECTION
AND SURVIVABILITY.
(a) Expansion for Training for Deployment.--Paragraph (3) of section
1202(a) of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2412), as most recently amended
by section 1252(a) of the National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-181; 122 Stat. 402), is further amended--
(1) by striking ``only in Iraq or Afghanistan, or in a
peacekeeping operation described in paragraph (1), as
applicable, and''; and
(2) by striking ``those forces.'' and inserting ``those
forces and only--
``(A) in Iraq or Afghanistan;
``(B) in a peacekeeping operation described in
paragraph (1); or
``(C) in connection with the training of those
forces to be deployed to Iraq, Afghanistan, or a
peacekeeping operation described in paragraph (1) for
such deployment.''.
(b) Notice and Wait on Exercise of Additional Authority.--Such
section is further amended by adding at the end the following new
paragraph:
``(5) Notice and wait on provision of equipment for certain
purposes.--Equipment may not <<NOTE: Deadline.>> be provided
under paragraph (1) in connection with training as specified in
paragraph (3)(C) until 15 days after the date on which the
Secretary of Defense submits to the specified congressional
committees written notice on the provision of such equipment for
such purpose.''.
SEC. 1204. AUTHORITY TO PAY PERSONNEL EXPENSES IN CONNECTION WITH
AFRICAN COOPERATION.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1050 the following new section:
``Sec. 1050a. African cooperation: payment of personnel expenses
``The Secretary of Defense or the Secretary of a military department
may pay the travel, subsistence, and special compensation of officers
and students of African countries and other expenses that the Secretary
considers necessary for African cooperation.''.
[[Page 124 STAT. 4387]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by inserting after the item relating
to section 1050 the following new item:
``1050a. African cooperation: payment of personnel expenses.''.
SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY OF
INTERIOR COUNTER TERRORISM FORCES.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance during fiscal year 2011 to
enhance the ability of the Yemen Ministry of Interior Counter Terrorism
Forces to conduct counterterrorism operations against al Qaeda in the
Arabian Peninsula and its affiliates.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, and training.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority in
Yemen.
(3) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in this subsection that
is otherwise prohibited by any provision of law.
(c) Funding.--Of the amount authorized to be appropriated by section
301 for operation and maintenance for fiscal year 2011, $75,000,000 may
be utilized to provide assistance under subsection (a).
(d) Notice to Congress.--
(1) <<NOTE: Deadline.>> In general.--Not less than 15 days
before providing assistance under subsection (a), the Secretary
of Defense shall submit to the committees of Congress specified
in paragraph (2) a notice setting forth the assistance to be
provided, including the types of such assistance, the budget for
such assistance, and the completion date for the provision of
such assistance.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1206. <<NOTE: 10 USC 1051 note.>> AIR FORCE SCHOLARSHIPS FOR
PARTNERSHIP FOR PEACE NATIONS TO
PARTICIPATE IN THE EURO-NATO JOINT JET
PILOT TRAINING PROGRAM.
(a) Establishment of Scholarship Program.--The Secretary of the Air
Force may establish and maintain a demonstration scholarship program to
allow personnel of the air forces of countries that are signatories of
the Partnership for Peace Framework Document to receive undergraduate
pilot training and necessary related training through the Euro-NATO
Joint Jet Pilot Training (ENJJPT) program. <<NOTE: Regulations.>> The
Secretary of the Air Force shall establish the program
[[Page 124 STAT. 4388]]
pursuant to regulations prescribed by the Secretary of Defense in
consultation with the Secretary of State.
(b) Transportation, Supplies, and Allowance.--Under such conditions
as the Secretary of the Air Force may prescribe, the Secretary may
provide to a person receiving a scholarship under the scholarship
program--
(1) transportation incident to the training received under
the ENJJPT program;
(2) supplies and equipment to be used during the training;
(3) flight clothing and other special clothing required for
the training;
(4) billeting, food, and health services; and
(5) a living allowance at a rate to be prescribed by the
Secretary, taking into account the amount of living allowances
authorized for a member of the Armed Forces of the United States
under similar circumstances.
(c) Relation to Euro-NATO Joint Jet Pilot Training Program.--
(1) Enjjpt steering committee authority.--Nothing in this
section shall be construed or interpreted to supersede the
authority of the ENJJPT Steering Committee under the ENJJPT
Memorandum of Understanding. Pursuant to the ENJJPT Memorandum
of Understanding, the ENJJPT Steering Committee may resolve to
forbid any airman or airmen from a Partnership for Peace nation
to participate in the Euro-NATO Joint Jet Pilot Training program
under the authority of a scholarship under this section.
(2) No representation.--Countries whose air force personnel
receive scholarships under the scholarship program shall not
have privilege of ENJJPT Steering Committee representation.
(d) Limitation on Eligible Countries.--The Secretary of the Air
Force may not use the authority in subsection (a) to provide assistance
described in subsection (b) to any foreign country that is otherwise
prohibited from receiving such type of assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision
of law.
(e) Cost-sharing.--For purposes of ENJJPT cost-sharing, personnel of
an air force of a foreign country who receive a scholarship under the
scholarship program may be counted as United States pilots.
(f) Progress Report.--Not later than February 1, 2012, the Secretary
of the Air Force shall submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of Representatives, and
the Committee on Foreign Relations of the Senate a report on the status
of the demonstration program, including the opinion of the Secretary and
NATO allies on the benefits of the program and whether or not to
permanently authorize the program or extend the program beyond fiscal
year 2012. The report shall specify the following:
(1) The countries participating in the scholarship program.
(2) The total number of foreign pilots who received
scholarships under the scholarship program.
(3) The amount expended on scholarships under the
scholarship program.
(4) The source of funding for scholarships under the
scholarship program.
[[Page 124 STAT. 4389]]
(g) Duration.--No scholarship may be awarded under the scholarship
program after September 30, 2012.
(h) Funding Source.--Amounts to award scholarships under the
scholarship program shall be derived from amounts authorized to be
appropriated for operation and maintenance for the Air Force.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.
(a) Temporary Limitation on Amount for Building Capacity to
Participate in or Support Military and Stability Operations.--
(1) In general.--Subsection (c)(5) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3456), as added by section 1206(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2514), is further amended--
(A) by striking ``and not more than'' and inserting
``not more than''; and
(B) by inserting after ``fiscal year 2011'' the
following: ``, and not more than $100,000,000 may be
used during fiscal year 2012''.
(2) <<NOTE: Applicability.>> Effective date.--The
amendments made by paragraph (1) shall take effect on the date
of the enactment of this Act and shall apply with respect to
programs under subsection (a) of such section that begin on or
after that date.
(b) One-year Extension of Authority.--Subsection (g) of such
section, as most recently amended by section 1206(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4625), is further amended by--
(1) by striking ``September 30, 2011'' and inserting
``September 30, 2012''; and
(2) by striking ``fiscal years 2006 through 2011'' and
inserting ``fiscal years 2006 through 2012''.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of appropriations
in this Act may be obligated or expended for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS'
EMERGENCY RESPONSE PROGRAM.
(a) One-year Extension of CERP Authority.--Subsection (a) of section
1202 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3455), as most recently amended by
section 1222 of the National Defense Authorization
[[Page 124 STAT. 4390]]
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2518), is further
amended--
(1) in the subsection heading, by striking ``Fiscal Year
2010'' and inserting ``Fiscal Year 2011'';
(2) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011''; and
(3) by striking ``operation and maintenance'' and all that
follows and inserting ``operation and maintenance--
``(1) not to exceed $100,000,000 may be used by the
Secretary of Defense in such fiscal year to provide funds for
the Commanders' Emergency Response Program in Iraq; and
``(2) not to exceed $400,000,000 may be used by the
Secretary of Defense in such fiscal year to provide funds for
the Commanders' Emergency Response Program in Afghanistan.''.
(b) Quarterly Reports.--Subsection (a) of such section, as so
amended, is further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) <<NOTE: Electronic submission.>> Form of reports.--
Each report required under paragraph (1) shall be submitted, at
a minimum, in a searchable electronic format that enables the
congressional defense committees to sort the report by amount
expended, location of each project, type of project, or any
other field of data that is included in the report.''.
(c) Restriction on Amount of Payments; Notification.--Such section,
as so amended, is further amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Restriction on Amount of Payments.--Funds made available under
this section for the Commanders' Emergency Response Program may not be
obligated or expended to carry out any project if the total amount of
funds made available for the purpose of carrying out the project,
including any ancillary or related elements of the project, exceeds
$20,000,000.
``(h) <<NOTE: Deadline.>> Notification.--Not less than 15 days
before obligating or expending funds made available under this section
for the Commanders' Emergency Response Program for a project in
Afghanistan with a total anticipated cost of $5,000,000 or more, the
Secretary of Defense shall submit to the congressional defense
committees a written notice containing the following information:
``(1) The location, nature, and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for Afghanistan.
``(2) The budget and implementation timeline for the
proposed project, including any other funding under the
Commanders' Emergency Response Program that has been or is
anticipated to be contributed to the completion of the project.
``(3) A plan for the sustainment of the proposed project,
including any agreement with either the Government of
Afghanistan, a department or agency of the United States
Government other than the Department of Defense, or a third
party contributor to finance the sustainment of the activities
and maintenance of any equipment or facilities to be provided
through the proposed project''.
[[Page 124 STAT. 4391]]
(d) Definition.--Subsection (i) of such section, as redesignated by
subsection (c)(1) of this section, is amended by striking ``means the
program'' and all that follows and inserting ``means the program that--
``(1) authorizes United States military commanders to carry
out small-scale projects designed to meet urgent humanitarian
relief requirements or urgent reconstruction requirements within
their areas of responsibility; and
``(2) provides an immediate and direct benefit to the people
of Iraq or Afghanistan.''.
SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED
TO UNITED STATES MILITARY OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 393), as amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2519), is further amended by striking ``section 1509(5) of the National
Defense Authorization Act for Fiscal Year 2010'' and inserting ``section
1510 of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011''.
(b) Limitation on Amount.--Subsection (d)(1) of such section, as so
amended, is further amended in the second sentence by inserting ``or
2011'' after ``fiscal year 2010''.
(c) Exception From Notice to Congress Requirements.--Subsection (e)
of such section, as so amended, is further amended--
(1) by striking ``(e) Notice to Congress.--The Secretary of
Defense'' and inserting the following:
``(e) Notice to Congress.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The requirement to provide notice under
paragraph (1) shall not apply with respect to a reimbursement
for access based on an international agreement.''.
(d) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393),
as most recently amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2010, is further amended by striking
``September 30, 2011'' and inserting ``September 30, 2012''.
SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY
AND SECURITY FORCES OF IRAQ AND
AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2532) is amended by striking ``September 30, 2010'' and
inserting ``December 31, 2011''.
(b) Quarterly Reports.--Subsection (f)(1) of such section is amended
by striking ``during fiscal year 2010'' and inserting ``through March
31, 2012''.
[[Page 124 STAT. 4392]]
SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANISTAN.
None of the funds authorized to be appropriated by this Act may be
obligated or expended by the United States Government to establish any
military installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in Afghanistan.
SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN
AFGHANISTAN.
(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, may utilize not more than $50,000,000 from funds
made available to the Department of Defense for operation and
maintenance for fiscal year 2011 to support the reintegration into
Afghan society of those individuals who pledge--
(1) to cease all support for the insurgency in Afghanistan;
(2) to live in accordance with the Constitution of
Afghanistan;
(3) to cease violence against the Government of Afghanistan
and its international partners; and
(4) that they do not have material ties to al Qaeda or
affiliated transnational terrorist organizations.
(b) <<NOTE: Deadlines.>> Submission of Guidance.--
(1) Initial submission.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a copy of
the guidance issued by the Secretary or the Secretary's designee
concerning the allocation of funds utilizing the authority of
subsection (a). Such guidance shall include--
(A) mechanisms for coordination with the Government
of Afghanistan and other United States Government
departments and agencies as appropriate; and
(B) mechanisms to track rates of recidivism among
individuals described in subsection (a).
(2) Modifications.--If the guidance in effect for the
purpose stated in paragraph (1) is modified, the Secretary of
Defense shall submit to the congressional defense committees a
copy of the modification not later than 15 days after the date
on which such modification is made.
(c) Reports.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense shall submit to the appropriate congressional committees a
report on activities carried out utilizing the authority of subsection
(a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(e) Expiration.--The authority to utilize funds under subsection (a)
shall expire at the close of December 31, 2011.
[[Page 124 STAT. 4393]]
SEC. 1217. <<NOTE: 22 USC 7513 note.>> AUTHORITY TO ESTABLISH A
PROGRAM TO DEVELOP AND CARRY OUT
INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
(a) Authority.--The Secretary of Defense and the Secretary of State
are authorized to establish a program to develop and carry out
infrastructure projects in Afghanistan in accordance with the
requirements of this section.
(b) Formulation and Execution of Program.--
(1) In general.--The Secretary of State and the Secretary of
Defense shall jointly develop any project under the program
authorized under subsection (a). Except as provided in paragraph
(2), the Secretary of State, in coordination with the Secretary
of Defense, shall implement any project under the program
authorized under subsection (a).
(2) <<NOTE: Determination.>> Exception.--The Secretary of
Defense shall implement a project under the program authorized
under subsection (a) if the Secretary of Defense and the
Secretary of State jointly determine that the Secretary of
Defense should implement the project.
(c) Types of Projects.--Infrastructure projects under the program
authorized under subsection (a) may include--
(1) water, power, and transportation projects; and
(2) other projects in support of the counterinsurgency
strategy in Afghanistan.
(d) Authority in Addition to Other Authorities.--The authority to
establish the program and develop and carry out infrastructure projects
under subsection (a) is in addition to any other authority to provide
assistance to foreign countries.
(e) Applicability of Certain Administrative Provisions.--
(1) In general.--The administrative provisions of chapter 2
of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2381 et seq.) shall apply to funds made available to the
Secretary of State for purposes of carrying out infrastructure
projects under the program authorized under subsection (a) to
the same extent and in the same manner as such administrative
provisions apply to funds made available to carry out part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(2) Gifts, etc.--The Secretary of Defense and the Secretary
of State may accept and use in furtherance of the purposes of
this section, money, funds, property, and services of any kind
made available by gift, devise, bequest, grant, or otherwise for
such purposes.
(f) Funding.--
(1) In general.--The Secretary of Defense may use up to
$400,000,000 of funds made available to the Department of
Defense for operation and maintenance for fiscal year 2011 to
carry out the program authorized under subsection (a).
(2) Availability.--Funds made available by paragraph (1) are
authorized to remain available until September 30, 2012.
(g) <<NOTE: Deadline.>> Congressional Notification.--The Secretary
of Defense shall notify the appropriate congressional committees not
less than 30 days before obligating or expending funds to carry out a
project or transferring funds to the Secretary of State for the purpose
of implementing a project under the program authorized under subsection
(a). Such notification shall be in writing and contain a description of
the details of the proposed project, including--
[[Page 124 STAT. 4394]]
(1) a plan for the sustainment of the project; and
(2) a description of how the project supports the
counterinsurgency strategy in Afghanistan.
(h) Return of Unexpended Funds.--
(1) <<NOTE: Determination.>> In general.--Any unexpended
funds transferred to the Secretary of State for the purpose of
implementing a project under the program authorized under
subsection (a) shall be returned to the Secretary of Defense if
the Secretary of State, in coordination with the Secretary of
Defense, determines that the project cannot be implemented for
any reason or that the project no longer supports the
counterinsurgency strategy in Afghanistan.
(2) Availability.--Any funds returned to the Secretary of
Defense under this subsection shall be available for use under
this section and shall be treated in the same manner as funds
not transferred to the Secretary of State.
(i) Reports.--
(1) Report required.--Not later than 30 days after the end
of each fiscal year in which funds are obligated, expended, or
transferred under the program authorized under subsection (a),
the Secretary of Defense, in coordination with the Secretary of
State, shall submit to the appropriate congressional committees
a report regarding implementation of the program during such
fiscal year.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) The allocation and use of funds under the
program during the fiscal year.
(B) A description of each project for which funds
were expended or transferred during the fiscal year.
(j) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COALITION FORCES
SUPPORTING OPERATIONS IN IRAQ AND
AFGHANISTAN.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 394) is amended by striking
``fiscal year 2008'' each place it appears and inserting ``fiscal year
2011''.
SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN
ACTIVITIES RELATING TO AFGHANISTAN.
(a) <<NOTE: Deadline.>> 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;
[[Page 124 STAT. 4395]]
(2) report on the status of efforts of the Department of
Defense, the United States Agency for International Development,
and the Department of State to implement existing
recommendations regarding oversight of such contractors; and
(3) report on the extent to which military and security
contractors or subcontractors engaged in activities relating to
Afghanistan have been responsible for the deaths of Afghan
civilians.
(b) Elements of Recommendations.--The recommendations issued under
subsection (a)(1) shall include recommendations for reducing the
reliance of the United States on--
(1) military and security contractors or subcontractors
engaged in activities relating to Afghanistan that have been
responsible for the deaths of Afghan civilians; and
(2) Afghan militias or other armed groups that are not part
of the Afghan National Security Forces.
SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN
COUNTERINSURGENCY FUND.
(a) Extension.--Subsection (h) of section 1224 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2521) is amended by striking ``September 30, 2010'' both places it
appears and inserting ``September 30, 2011''.
(b) Required Elements of Assistance.--Subsection (b) of such section
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Required elements of assistance.--Assistance provided
to the security forces of Pakistan under this section in a
fiscal year after fiscal year 2010 shall be provided in a manner
that promotes--
``(A) observance of and respect for human rights and
fundamental freedoms; and
``(B) respect for legitimate civilian authority
within Pakistan.''.
Subtitle C--Reports and Other Matters
SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD
SECURITY AND STABILITY IN AFGHANISTAN.
Section 1230(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 385), as amended by section
1236 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-81; 123 Stat. 2535), is further amended by striking
``2011'' and inserting ``2012''.
SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR SUSTAINING
THE AFGHANISTAN NATIONAL SECURITY
FORCES.
Section 1231(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 390) is amended by striking
``2010'' and inserting ``2012''.
[[Page 124 STAT. 4396]]
SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF
UNITED STATES ARMED FORCES FROM IRAQ.
(a) Report Required.--Subsection (a) of section 1227 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2525; 50 U.S.C. 1541 note) is amended--
(1) by striking ``December 31, 2009'' and inserting
``December 31, 2010''; and
(2) by striking ``90 days thereafter'' and inserting ``180
days thereafter''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (5), by striking ``Multi-National Force-
Iraq'' each place it occurs and inserting ``United States
Forces-Iraq''; and
(2) by adding at the end the following:
``(6) An assessment of progress to transfer responsibility
of programs, projects, and activities carried out in Iraq by the
Department of Defense to other United States Government
departments and agencies, international or nongovernmental
entities, or the Government of Iraq. The assessment should
include a description of the numbers and categories of programs,
projects, and activities for which such other entities have
taken responsibility or which have been discontinued by the
Department of Defense. The assessment should also include a
discussion of any difficulties or barriers in transitioning such
programs, projects, and activities and what, if any, solutions
have been developed to address such difficulties or barriers.
``(7) An assessment of progress toward the goal of building
the minimum essential capabilities of the Ministry of Defense
and the Ministry of the Interior of Iraq, including a
description of--
``(A) such capabilities both extant and remaining to
be developed;
``(B) major equipment necessary to achieve such
capabilities;
``(C) the level and type of support provided by the
United States to address shortfalls in such
capabilities; and
``(D) the level of commitment, both financial and
political, made by the Government of Iraq to develop
such capabilities, including a discussion of resources
used by the Government of Iraq to develop capabilities
that the Secretary determines are not minimum essential
capabilities for purposes of this paragraph.
``(8) A listing and assessment of the anticipated level and
type of support to be provided by United States special
operations forces to the Government of Iraq and Iraqi special
operations forces during the redeployment of United States
conventional forces from Iraq. The assessment should include a
listing of anticipated critical support from general purpose
forces required by United States special operations forces and
Iraqi special operations forces. The assessment should also
include combat support, including rotary aircraft and
intelligence, surveillance, and reconnaissance assets, combat
service support, and contractor support needed through December
31, 2011.''.
(c) Secretary of State Comments.--Such section is further amended by
striking subsection (c) and inserting the following:
[[Page 124 STAT. 4397]]
``(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 <<NOTE: 10 USC 113 note.>> (Public Law
110-181; 122 Stat. 375).
SEC. 1234. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR COALITION
OPERATIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the implementation
of the coalition support authorities of the Department of Defense during
Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the purpose and use of each coalition
support authority of the Department of Defense.
(2) For the period of Operation Enduring Freedom ending on
September 30, 2010, a summary of the amount of training,
equipment, services, or other assistance provided or loaned
under any coalition support authority of the Department of
Defense set forth, for each such authority, by amount provided
or loaned during each fiscal year of such period for each
recipient country.
(3) For the period of Operation Iraqi Freedom ending on
September 30, 2010, a summary of the amount of training,
equipment, services, or other assistance provided or loaned
under any coalition support authority of the Department of
Defense set forth, for each such authority, by amount provided
or loaned during each fiscal year of such period for each
recipient country.
(4) An assessment of the effectiveness of each coalition
support authority of the Department of Defense in meeting its
intended purpose.
(5) For each recipient country of coalition support under a
coalition support authority of the Department of Defense--
[[Page 124 STAT. 4398]]
(A) a description of the contribution of such
country to coalition operations in Operation Enduring
Freedom or Operating Iraqi Freedom; and
(B) an assessment of the extent to which coalition
support provided by the United States enhanced the
ability of such country to participate in coalition
operations in Operation Enduring Freedom or Operating
Iraqi Freedom.
(6) A description of the actions taken by the Department
Defense to eliminate duplication and overlap in coalition
support provided under the coalition support authorities of the
Department of Defense.
(7) An assessment by the Secretary of Defense whether there
is an ongoing need for each coalition support authority of the
Department of Defense, and an estimate of the anticipated future
demand for coalition support under such coalition support
authorities.
(c) Coalition Support Authorities of the Department of Defense
Defined.--In this section, the term ``coalition support authorities of
the Department of Defense'' means the following:
(1) Coalition Support Funds, including the authority to
provide specialized training and loan specialized equipment
under the Coalition Support Fund (commonly referred to as the
``Coalition Readiness Support Program'').
(2) Lift and sustain authority under appropriations Acts or
under section 1234 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
(3) Global lift and sustain authority under section 127c of
title 10, United States Code.
(4) The authority to provide logistic support, supplies, and
services to allied forces participating in combined operations
under section 127d of title 10, United States Code.
(5) The temporary authority to lend significant military
equipment under acquisition and cross-servicing agreements
pursuant to section 1202 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
(6) The authority under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163) to
provide assistance to build the capacity of foreign nations to
support military or stability operations in which the United
States Armed Forces are a participant.
(7) Any other authority that the Secretary of Defense
designates as a coalition support authority of the Department of
Defense for purposes of the report required by subsection (a).
SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS.
(a) DoD Inspector General Report on Afghan National Police Training
Program.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the
Department of Defense shall, in consultation with the Inspector
General of the Department of State, submit to the appropriate
committees of Congress a report on the Afghan National Police
training program.
(2) Review.--In preparing the report required by paragraph
(1), the Inspector General of the Department of Defense shall
[[Page 124 STAT. 4399]]
conduct a review of the Afghan National Police training program
that focuses on developments since the Inspector General of the
Department of Defense and the Inspector General of the
Department of State released the report entitled ``Department of
Defense Obligations and Expenditures of Funds Provided to the
Department of State for the Training and Mentoring of the Afghan
National Police'' (DODIG Report No. D-2010-042, DOSIG Report No.
MERO-A-10-06, February 9, 2010).
(3) Elements of report.--The report required by paragraph
(1) shall include the following:
(A) A description of the components, planning, and
scope of the Afghan National Police training program
since the United States assumed control of the program
in 2003.
(B) A description of the cost to the United States
of the Afghan National Police training program,
including the source and amount of funding, and a
description of the allocation of responsibility between
the Department of Defense and the Department of State
for funding the program.
(C) A description of the allocation of
responsibility between the Department of Defense and the
Department of State for the oversight and execution of
the program.
(D) A description of the personnel and staffing
requirements for overseeing and executing the program,
both in the United States and in theater, including
United States civilian government and military
personnel, contractor personnel, and nongovernmental
personnel, and non-United States civilian and military
personnel, contractor personnel, and nongovernmental
personnel.
(E) An assessment of the cost, performance metrics,
and planning associated with the transfer of
administration of the contract for the Afghan National
Police training program from the Department of State to
the Department of Defense.
(b) GAO Report on Use of Government Personnel Rather Than
Contractors for Training Afghan National Police.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
report on the use of United States Government personnel rather
than contractors for the training of the Afghan National Police.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of the roles and responsibilities
of contractors and United States Government personnel in
the Afghan National Police training program and a
description of how the division of roles and
responsibilities between such contractors and personnel
has been determined.
(B) An assessment of the relative advantages and
disadvantages of using contractors or United States
Government personnel in the Afghan National Police
training program, including an assessment of--
(i) the shortfalls and inefficiencies, if any,
in contractor performance in the program; and
[[Page 124 STAT. 4400]]
(ii) options for leveraging United States
Government resources and capacity to address the
shortfalls and inefficiencies described in clause
(i) and to better address current and future needs
under the program.
(C) An assessment of the factors, such as oversight,
cost considerations, performance, policy, and other
factors, that would be impacted by transferring
responsibilities for the performance of the Afghan
National Police training program from contractors to
United States Government personnel.
(D) A review of the lessons learned from the
execution and oversight of the police training program
in Iraq, and any other relevant police training programs
led by the Department of Defense, regarding the relative
advantages and disadvantages of using United States
Government personnel or contractors to carry out police
training programs for foreign nations.
(c) Report on Government Police Training and Equipping Programs.--
(1) <<NOTE: President.>> Report.--Not later than 1 year
after the date of the enactment of this Act, the President shall
submit to the appropriate committees of Congress a report on
United States Government police training and equipping programs
outside the United States.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A list of all United States Government
departments and agencies involved in implementing police
training and equipping programs.
(B) A description of the scope, size, and components
of all police training and equipping programs for fiscal
years 2010 and 2011, to include for each such program--
(i) the name of each country that received
assistance under the program;
(ii) the types of recipient nation units
receiving such assistance, including national
police, gendarmerie, counternarcotics police,
counterterrorism police, Formed Police Units,
border security, and customs;
(iii) the purpose and objectives of the
program;
(iv) the funding and personnel levels for the
program in each such fiscal year;
(v) the authority under which the program is
conducted;
(vi) the name of the United States Government
department or agency with lead responsibility for
the program and the mechanisms for oversight of
the program;
(vii) the extent to which the program is
implemented by contractors or United States
Government personnel; and
(viii) the metrics for measuring the results
of the program.
(C) An assessment of the requirements for police
training and equipping programs, and what changes, if
any, are required to improve the capacity of the United
States Government to meet such requirements.
[[Page 124 STAT. 4401]]
(D) An evaluation of the appropriate role of United
States Government departments and agencies in
coordinating on and carrying out police training and
equipping programs.
(E) An evaluation of the appropriate role of
contractors in carrying out police training and
equipping programs, and what modifications, if any, are
needed to improve oversight of such contractors.
(F) Recommendations for legislative modifications,
if any, to existing authorities relating to police
training and equipping programs.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Foreign Relations,
Homeland Security and Governmental Affairs, and Appropriations
of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs,
Oversight and Government Reform, and Appropriations of the House
of Representatives.
SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED
STATES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, the Attorney General, the Secretary of Homeland
Security, the Administrator of the United States Agency for
International Development, and the heads of other appropriate Federal
agencies (as determined by the Secretary of Defense), shall submit to
the Congress a report containing the information described in subsection
(b). In preparing such report, the Secretary of Defense shall use
available information from organizations and entities closely associated
with the United States mission in Iraq that have received United States
Government funding through an official and documented contract, award,
grant, or cooperative agreement.
(b) Information.--The information described in this subsection is
the following:
(1) The number of Iraqis who were or are employed by the
United States Government in Iraq or who are or were employed in
Iraq by an organization or entity closely associated with the
United States mission in Iraq that has received United States
Government funding through an official and documented contract,
award, grant, or cooperative agreement.
(2) The number of Iraqis who have applied--
(A) for resettlement in the United States as a
refugee under section 1243 of the Refugee Crisis in Iraq
Act of 2007 (subtitle C of title XII of division A of
Public Law 110-181; 122 Stat. 395 et seq.);
(B) to enter the United States as a special
immigrant under section 1244 of such Act; or
(C) to enter the United States as a special
immigrant under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 8 U.S.C. 1101 note).
(3) The status of each application described in paragraph
(2).
[[Page 124 STAT. 4402]]
(4) The estimated number of individuals described in
paragraph (1) who have been injured or killed in Iraq.
(c) <<NOTE: Plan.>> Expedited Processing.--The Secretary of
Defense, the Secretary of State, and the Secretary of Homeland Security
shall develop a plan using the report submitted under subsection (a) to
expedite the processing of the applications described in subsection
(b)(2) in the case of Iraqis at risk as the United States withdraws from
Iraq.
SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM THE
EXPORT CONTROL SYSTEM.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the Department of
Defense's plans to implement the reforms to the United States export
control system recommended by the interagency task force established at
the direction of the President on August 13, 2009.
(b) Matters to Be Included.--The report required under subsection
(a) shall include an assessment of the extent to which the plans to
reform the export control system will--
(1) impact the Defense Technology Security Administration of
the Department of Defense;
(2) affect the role of the Department of Defense with
respect to export control policy; and
(3) ensure greater protection and monitoring of militarily
critical technologies.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate.
SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST
THREATS POSED BY THE ANTI-ACCESS AND
AREA-DENIAL CAPABILITIES OF CERTAIN
NATION-STATES.
(a) Finding.--Congress finds that the 2010 report on the Department
of Defense Quadrennial Defense Review concludes that ``[a]nti-access
strategies seek to deny outside countries the ability to project power
into a region, thereby allowing aggression or other destabilizing
actions to be conducted by the anti-access power. Without dominant
capabilities to project power, the integrity of United States alliances
and security partnerships could be called into question, reducing United
States security and influence and increasing the possibility of
conflict''.
(b) Sense of Congress.--It is the sense of Congress that, in light
of the finding in subsection (a), the Secretary of Defense should ensure
that the United States has the appropriate authorities, capabilities,
and force structure to defend against any potential future threats posed
by the anti-access and area-denial capabilities of potentially hostile
foreign countries.
(c) Report.--Not later than April 1, 2011, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on United States efforts to defend
against any potential future threats posed
[[Page 124 STAT. 4403]]
by the anti-access and area-denial capabilities of potentially hostile
nation-states.
(d) Elements.--The report required under subsection (c) shall
include the following:
(1) An assessment of any potential future threats posed by
the anti-access and area-denial capabilities of potentially
hostile foreign countries, including an identification of the
foreign countries with such capabilities, the nature of such
capabilities, and the possible advances in such capabilities
over the next 10 years.
(2) A description of any efforts by the Department of
Defense to address the potential future threats posed by the
anti-access and area-denial capabilities of potentially hostile
foreign countries.
(3) A description of the authorities, capabilities, and
force structure that the United States may require over the next
10 years to address the threats posed by the anti-access and
area-denial capabilities of potentially hostile foreign
countries.
(e) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(f) Definitions.--In this section--
(1) the term ``anti-access'', with respect to capabilities,
means any action that has the effect of slowing the deployment
of friendly forces into a theater, preventing such forces from
operating from certain locations within that theater, or causing
such forces to operate from distances farther from the locus of
conflict than such forces would normally prefer; and
(2) the term ``area-denial'', with respect to capabilities,
means operations aimed to prevent freedom of action of friendly
forces in the more narrow confines of the area under a
potentially hostile nation-state's direct control, including
actions by an adversary in the air, on land, and on and under
the sea to contest and prevent joint operations within a
defended battlespace.
SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPARTMENT OF DEFENSE
STRATEGY TO COUNTER VIOLENT EXTREMISM
OUTSIDE THE UNITED STATES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Science Board shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the strategy of the Department of Defense to
counter violent extremism outside the United States.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) A review of the current strategy, research activities,
resource allocations, and organizational structure of the
Department of Defense for countering violent extremism outside
the United States.
(2) A review of interagency coordination and decision-making
processes for executing and overseeing strategies and programs
for countering violent extremism outside the United States.
[[Page 124 STAT. 4404]]
(3) An analysis of alternatives and options available to the
Department of Defense to counter violent extremism outside the
United States.
(4) An analysis of legal, policy, and strategy issues
involving efforts to counter violent extremism outside the
United States as such efforts potentially affect domestic
efforts to interrupt radicalization efforts within the United
States.
(5) An analysis of the current information campaign of the
Department of Defense against violent extremists outside the
United States.
(6) Such recommendations for further action to address the
matters covered by the report as the Defense Science Board
considers appropriate.
(7) Such other matters as the Defense Science Board
determines relevant.
SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA AGREEMENT
BETWEEN THE UNITED STATES, IRAN, AND
CERTAIN OTHER COUNTRIES.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report assessing the relative merits of a multilateral or
bilateral Incidents at Sea military-to-military agreement between the
United States, the Government of Iran, and other countries operating in
the Persian Gulf aimed at preventing accidental naval conflict in the
Persian Gulf and the Strait of Hormuz.
(b) Matters to Be Included.--Such assessment should consider and
evaluate the current maritime security situation in the Persian Gulf and
the effect that such an agreement might have on military and other
maritime activities in the region, as well as other United States
regional strategic interests.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF
DEFENSE ACTIVITIES TO COUNTER VIOLENT
EXTREMISM IN AFRICA.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, shall monitor and evaluate the impact of United
States Africa Command (USAFRICOM) Combined Joint Task Force-Horn of
Africa's (CJTF-HOA) activities to counter violent extremism in Africa,
including civil affairs, psychological operations, humanitarian
assistance, and operations to strengthen the capacity of partner
nations.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report on the following:
(1) An evaluation of the impact of CJTF-HOA's activities
described in subsection (a) to advance United States security
objectives in the Horn of Africa, including the extent to which
CJTF-HOA's activities--
[[Page 124 STAT. 4405]]
(A) disrupt or deny terrorist networks;
(B) combat violent extremist ideology;
(C) are aligned with USAFRICOM's mission; and
(D) complement programs conducted by the United
States Agency for International Development.
(2) USAFRICOM's efforts to monitor and evaluate the impact
of CJTF-HOA's activities described in subsection (a),
including--
(A) the means by which CJTF-HOA follows up on such
activities to evaluate the effectiveness of such
activities;
(B) USAFRICOM's specific assessments of CJTF-HOA's
activities; and
(C) a description of plans by the Secretary of
Defense to make permanent CJTF-HOA's presence in
Djibouti.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS.
(a) In General.--Section 1244 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is
amended--
(1) in subsection (a)--
(A) by striking ``fiscal year 2010'' and inserting
``fiscal year 2011'';
(B) by striking ``pursuant to section 301(1)''; and
(C) by striking ``$30,000,000'' and inserting
``$50,000,000'';
(2) in subsection (b)--
(A) by striking ``NATO Special Operations
Coordination Center'' and inserting ``NATO Special
Operations Headquarters''; and
(B) by striking ``NSCC'' and inserting ``NSHQ''; and
(3) in subsection (c), by striking ``NSCC'' each place it
appears and inserting ``NSHQ''.
(b) Conforming Amendment.--The heading of such section is amended by
striking ``nato special operations coordination center'' and inserting
``nato special operations headquarters''.
SEC. 1243. NATIONAL MILITARY STRATEGY TO COUNTER IRAN AND REQUIRED
BRIEFINGS.
(a) National Military Strategy Required.--The Secretary of Defense
shall develop a strategy, to be known as the ``National Military
Strategy to Counter Iran''. The strategy should--
(1) provide strategic guidance for activities of the
Department of Defense that support the objective of countering
threats posed by Iran;
(2) undertake a review of the intelligence in the possession
of the Department of Defense to develop a list of gaps in
intelligence that limit the ability of the Department of Defense
to counter threats emanating from Iran that the Secretary
considers to be critical;
[[Page 124 STAT. 4406]]
(3) undertake a review of the ability of the Department of
Defense to counter threats to the United States, its forces,
allies, and interests from Iran, including--
(A) contributions of the Department of Defense to
the efforts of other agencies of the United States
Government to counter or address the threat emanating
from Iran; and
(B) any gaps in the capabilities and authorities of
the Department.
(b) <<NOTE: Deadline.>> Briefings to Congress.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall brief the congressional defense committees in classified
session regarding any resources, capabilities, or changes to current law
the Secretary believes are necessary to address the gaps identified in
the strategy required in subsection (a).
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and
threat reduction activities with the People's Republic of
China.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
(b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2011 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2011, 2012, and 2013.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $522,512,000 authorized
to be appropriated to the Department of Defense for fiscal year 2011 in
section 301(20) for Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,732,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia,
$9,614,000.
(4) For nuclear weapons transportation security in Russia,
$45,000,000.
[[Page 124 STAT. 4407]]
(5) For weapons of mass destruction proliferation prevention
in the states of the former Soviet Union, $79,821,000.
(6) For biological threat reduction in the former Soviet
Union, $209,034,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For Global Nuclear Lockdown, $74,471,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $23,040,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2011 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2011 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2011 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose may
be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS
OF EXCELLENCE IN COUNTRIES OUTSIDE OF
THE FORMER SOVIET UNION.
Not <<NOTE: Time period. Reports.>> more than $500,000 of the
fiscal year 2011 Cooperative Threat Reduction funds may be obligated or
expended to establish a center of excellence in a country that is not a
state of the former Soviet Union until the date that is 15 days after
the date on which the Secretary of Defense submits to the congressional
defense committees a report that includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
[[Page 124 STAT. 4408]]
(B) the percentage of the total cost of establishing
and operating the center the funds described in
subparagraph (A) will cover.
SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERATION PREVENTION,
AND THREAT REDUCTION ACTIVITIES WITH THE
PEOPLE'S REPUBLIC OF CHINA.
(a) <<NOTE: Deadline.>> In General.--Not later than April 1, 2011,
the Secretary of Defense and the Secretary of Energy shall jointly
submit to the congressional defense committees a plan to carry out
activities of the Department of Defense Cooperative Threat Reduction
Program and the Department of Energy Defense Nuclear Nonproliferation
program relating to nonproliferation, proliferation prevention, and
threat reduction with the Government of the People's Republic of China
during fiscal years 2011 through 2016.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) A description of the activities to be carried out under
the plan.
(2) A description of milestones and goals for such
activities.
(3) An estimate of the annual cost of such activities.
(4) An estimate of the amount of the total cost of such
activities to be provided by the Government of the People's
Republic of China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.
Subtitle D--Other Matters
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
[[Page 124 STAT. 4409]]
(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) <<NOTE: Contracts.>> 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
[[Page 124 STAT. 4410]]
(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. <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> Submittal of Comments.--Not later than 90
days after the date of the submittal of the report under subsection (d),
the Secretary of Defense and the Secretaries of each of the military
departments shall submit to the Committees on Armed Services of the
Senate and House of Representatives comments on the findings and
recommendations contained in the report.
SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND
REQUIREMENTS.
Section 2208 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting before the semicolon
the following: ``, including the cost of the procurement and
qualification of technology-enhanced maintenance capabilities
that improve either reliability, maintainability,
sustainability, or supportability and have, at a minimum, been
demonstrated to be functional in an actual system application or
operational environment''; and
(2) in subsection (k)(2), by striking ``$100,000'' and
inserting ``$250,000''.
SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON
RESERVATION MAINTENANCE REVOLVING FUND.
Not <<NOTE: Deadline.>> later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall transfer
$53,000,000 from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e) of title
10, United
[[Page 124 STAT. 4411]]
States Code, to the Miscellaneous Receipts Fund of the United States
Treasury.
SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for the fiscal year
2011 for the National Defense Sealift Fund in the amount of
$934,866,000.
SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2011 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, in the amount of $1,467,307,000, of which--
(1) $1,067,364,000 is for Operation and Maintenance;
(2) $392,811,000 is for Research, Development, Test, and
Evaluation; and
(3) $7,132,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), as amended by section
1421 of this Act; and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2011 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
amount of $1,160,851,000.
SEC. 1408. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2011 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, in
the amount of $317,154,000.
SEC. 1409. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2011 for expenses, not otherwise provided for,
for the Defense Health Program, in the amount of $30,959,611,000.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2011, the
National Defense Stockpile Manager may obligate up to $41,181,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h)
[[Page 124 STAT. 4412]]
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) <<NOTE: Notification.>> 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. <<NOTE: Time period.>> 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. <<NOTE: 50 USC 98d note.>> REVISION TO REQUIRED
RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL
DEFENSE STOCKPILE.
Section 3402(b)(5) of the National Defense Authorization Act for
Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended by
section 1412(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is amended by striking
``$710,000,000'' and inserting ``$730,000,000''.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. CONSOLIDATION AND REORGANIZATION OF STATUTORY AUTHORITY
FOR DESTRUCTION OF UNITED STATES
STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) Restatement of Statutory Authority With Consolidation and
Reorganization.--Section 1412 of the National Defense Authorization Act,
1986 (50 U.S.C. 1521) is amended to read as follows:
``SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
``(a) In General.--The Secretary of Defense shall, in accordance
with the provisions of this section, carry out the destruction of the
United States' stockpile of lethal chemical agents and munitions that
exists on November 8, 1985.
``(b) Date for Completion.--(1) The destruction of such stockpile
shall be completed by the stockpile elimination deadline.
``(2) If the Secretary of Defense determines at any time that there
will be a delay in meeting the requirement in paragraph (1) for the
completion of the destruction of chemical weapons by the stockpile
elimination deadline, the Secretary shall immediately notify the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives of that projected delay.
``(3) <<NOTE: Definition.>> For purposes of this section, the term
`stockpile elimination deadline' means the deadline established by the
Chemical Weapons Convention, but not later than December 31, 2017.
``(c) Initiation of Demilitarization Operations.--The Secretary of
Defense may not initiate destruction of the chemical
[[Page 124 STAT. 4413]]
munitions stockpile stored at a site until the following support
measures are in place:
``(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
``(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to that
installation.
``(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that
installation, as approved by the appropriate State regulatory
agencies.
``(d) Environmental Protection and Use of Facilities.--(1) In
carrying out the requirement of subsection (a), the Secretary of Defense
shall provide for--
``(A) maximum protection for the environment, the general
public, and the personnel who are involved in the destruction of
the lethal chemical agents and munitions referred to in
subsection (a), including but not limited to the use of
technologies and procedures that will minimize risk to the
public at each site; and
``(B) adequate and safe facilities designed solely for the
destruction of lethal chemical agents and munitions.
``(2) Facilities constructed to carry out this section shall, when
no longer needed for the purposes for which they were constructed, be
disposed of in accordance with applicable laws and regulations and
mutual agreements between the Secretary of the Army and the Governor of
the State in which the facility is located.
``(3)(A) Facilities constructed to carry out this section may not be
used for a purpose other than the destruction of the stockpile of lethal
chemical agents and munitions that exists on November 8, 1985.
``(B) The prohibition in subparagraph (A) shall not apply with
respect to items designated by the Secretary of Defense as lethal
chemical agents, munitions, or related materials after November 8, 1985,
if the State in which a destruction facility is located issues the
appropriate permit or permits for the destruction of such items at the
facility.
``(e) Grants and Cooperative Agreements.--(1)(A) In order to carry
out subsection (d)(1)(A), the Secretary of Defense may make grants to
State and local governments and to tribal organizations (either directly
or through the Federal Emergency Management Agency) to assist those
governments and tribal organizations in carrying out functions relating
to emergency preparedness and response in connection with the disposal
of the lethal chemical agents and munitions referred to in subsection
(a). Funds available to the Department of Defense for the purpose of
carrying out this section may be used for such grants.
``(B) Additionally, the Secretary may provide funds through
cooperative agreements with State and local governments, and with tribal
organizations, for the purpose of assisting them in processing,
approving, and overseeing permits and licenses necessary for the
construction and operation of facilities to carry out this section. The
Secretary shall ensure that funds provided through such a cooperative
agreement are used only for the purpose set forth in the preceding
sentence.
[[Page 124 STAT. 4414]]
``(C) In this paragraph, the term `tribal organization' has the
meaning given that term in section 4(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(l)).
``(2)(A) In coordination with the Secretary of the Army and in
accordance with agreements between the Secretary of the Army and the
Administrator of the Federal Emergency Management Agency, the
Administrator shall carry out a program to provide assistance to State
and local governments in developing capabilities to respond to
emergencies involving risks to the public health or safety within their
jurisdictions that are identified by the Secretary as being risks
resulting from--
``(i) the storage of lethal chemical agents and munitions
referred to in subsection (a) at military installations in the
continental United States; or
``(ii) the destruction of such agents and munitions at
facilities referred to in subsection (d)(1)(B).
``(B) <<NOTE: Deadlines.>> Assistance may be provided under this
paragraph for capabilities to respond to emergencies involving an
installation or facility as described in subparagraph (A) until the
earlier of the following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation or
facility for purposes of this paragraph between the Federal
Emergency Management Agency and the State and local governments
concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.
``(C) <<NOTE: Deadlines. Reports.>> Not later than December 15 of
each year, the Administrator shall transmit a report to Congress on the
activities carried out under this paragraph during the fiscal year
preceding the fiscal year in which the report is submitted.
``(f) Requirement for Strategic Plan.--(1) The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Secretary of
the Army shall jointly prepare, and from time to time shall update as
appropriate, a strategic plan for future activities for destruction of
the United States' stockpile of lethal chemical agents and munitions.
``(2) The plan shall include, at a minimum, the following
considerations:
``(A) Realistic budgeting for stockpile destruction and
related support programs.
``(B) Contingency planning for foreseeable or anticipated
problems.
``(C) A management approach and associated actions that
address compliance with the obligations of the United States
under the Chemical Weapons Convention and that take full
advantage of opportunities to accelerate destruction of the
stockpile.
``(3) The Secretary of Defense shall each year submit to the
Committee on the Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the strategic plan as most
recently prepared and updated under paragraph (1). Such submission shall
be made each year at the time of the submission to the Congress that
year of the President's budget for the next fiscal year.
[[Page 124 STAT. 4415]]
``(g) <<NOTE: Establishment.>> Management Organization.--(1) In
carrying out this section, the Secretary of Defense shall provide for a
management organization within the Department of the Army. The Secretary
of the Army shall be responsible for management of the destruction of
agents and munitions at all sites except Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Depot, Colorado
``(2) The program manager for the Assembled Chemical Weapons
Alternative Program shall be responsible for management of the
construction, operation, and closure, and any contracting relating
thereto, of chemical demilitarization activities at Blue Grass Army
Depot, Kentucky, and Pueblo Army Depot, Colorado, including management
of the pilot-scale facility phase of the alternative technology selected
for the destruction of lethal chemical munitions. In performing such
management, the program manager shall act independently of the Army
program manager for Chemical Demilitarization and shall report to the
Under Secretary of Defense for Acquisition, Technology, and Logistics
``(3) The Secretary of Defense shall designate a general officer or
civilian equivalent as the director of the management organization
established under paragraph (1). Such officer shall have--
``(A) experience in the acquisition, storage, and
destruction of chemical agents and munitions; and
``(B) outstanding qualifications regarding safety in
handling chemical agents and munitions.
``(h) Identification of Funds.--(1) Funds for carrying out this
section, including funds for military construction projects necessary to
carry out this section, shall be set forth in the budget of the
Department of Defense for any fiscal year as a separate account. Such
funds shall not be included in the budget accounts for any military
department.
``(2) Amounts appropriated to the Secretary of Defense for the
purpose of carrying out subsection (e) shall be promptly made available
to the Administrator of the Federal Emergency Management Agency.
``(i) Annual Reports.--(1) Except as provided by paragraph (3), the
Secretary of Defense shall transmit, by December 15 each year, a report
to Congress on the activities carried out under this section during the
fiscal year ending on September 30 of the calendar year in which the
report is to be made.
``(2) Each annual report shall include the following:
``(A) A site-by-site description of the construction,
equipment, operation, and dismantling of facilities (during the
fiscal year for which the report is made) used to carry out the
destruction of agents and munitions under this section,
including any accidents or other unplanned occurrences
associated with such construction and operation.
``(B) A site-by-site description of actions taken to assist
State and local governments (either directly or through the
Federal Emergency Management Agency) in carrying out functions
relating to emergency preparedness and response in accordance
with subsection (e).
``(C) An accounting of all funds expended (during such
fiscal year) for activities carried out under this section, with
a separate accounting for amounts expended for--
``(i) the construction of and equipment for
facilities used for the destruction of agents and
munitions;
``(ii) the operation of such facilities;
[[Page 124 STAT. 4416]]
``(iii) the dismantling or other closure of such
facilities;
``(iv) research and development;
``(v) program management;
``(vi) travel and associated travel costs for
Citizens' Advisory Commissioners under subsection
(m)(7); and
``(vii) grants to State and local governments to
assist those governments in carrying out functions
relating to emergency preparedness and response in
accordance with subsection (e).
``(D) An assessment of the safety status and the integrity
of the stockpile of lethal chemical agents and munitions subject
to this section, including--
``(i) an estimate on how much longer that stockpile
can continue to be stored safely;
``(ii) a site-by-site assessment of the safety of
those agents and munitions; and
``(iii) a description of the steps taken (to the
date of the report) to monitor the safety status of the
stockpile and to mitigate any further deterioration of
that status.
``(3) The Secretary shall transmit the final report under paragraph
(1) not later than 120 days following the completion of activities under
this section.
``(j) Semiannual Reports.--(1) Not later than March 1 and September
1 each year until the year in which the United States completes the
destruction of its entire stockpile of chemical weapons under the terms
of the Chemical Weapons Convention, the Secretary of Defense shall
submit to the members and committees of Congress referred to in
paragraph (3) a report on the implementation by the United States of its
chemical weapons destruction obligations under the Chemical Weapons
Convention.
``(2) Each report under paragraph (1) shall include the following:
``(A) The anticipated schedule at the time of such report
for the completion of destruction of chemical agents, munitions,
and materiel at each chemical weapons demilitarization facility
in the United States.
``(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction at
each such facility, particularly in time to meet the stockpile
elimination deadline.
``(C) A description of the funding required to achieve each
of the options for destruction described under subparagraph (B),
and a detailed life-cycle cost estimate for each of the affected
facilities included in each such funding profile.
``(D) A description of all actions being taken by the United
States to accelerate the destruction of its entire stockpile of
chemical weapons, agents, and materiel in order to meet the
current stockpile elimination deadline under the Chemical
Weapons Convention of April 29, 2012, or as soon thereafter as
possible.
``(3) The members and committees of Congress referred to in this
paragraph are--
``(A) the majority leader and the minority leader of the
Senate and the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
[[Page 124 STAT. 4417]]
``(B) the Speaker of the House of Representatives, the
majority leader and the minority leader of the House of
Representatives, and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives.
``(k) Authorized Use of Toxic Chemicals.--Consistent with United
States obligations under the Chemical Weapons Convention, the Secretary
of Defense may develop, produce, otherwise acquire, retain, transfer,
and use toxic chemicals and their precursors for purposes not prohibited
by the Chemical Weapons Convention if the types and quantities of such
chemicals and precursors are consistent with such purposes, including
for protective purposes such as protection against toxic chemicals and
protection against chemical weapons.
``(l) Surveillance and Assessment Program.--The Secretary of Defense
shall conduct an ongoing comprehensive program of--
``(1) surveillance of the existing United States stockpile
of chemical weapons; and
``(2) assessment of the condition of the stockpile.
``(m) Chemical Demilitarization Citizens' Advisory Commissions.--
(1)(A) The Secretary <<NOTE: Establishment.>> of the Army shall
establish a citizens' commission for each State in which there is a
chemical demilitarization facility under Army management.
``(B) <<NOTE: Colorado. Kentucky.>> The Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense Programs shall
establish a chemical demilitarization citizens' commission in Colorado
and in Kentucky.
``(C) Each commission under this subsection shall be known as the
`Chemical Demilitarization Citizens' Advisory Commission' for the State
concerned.
``(2)(A) The Secretary of the Army, or the Department of Defense
with respect to Colorado and Kentucky, shall provide for a
representative to meet with each commission established under this
subsection to receive citizen and State concerns regarding the ongoing
program for the disposal of the lethal chemical agents and munitions in
the stockpile referred to in subsection (a) at each of the sites with
respect to which a commission is established pursuant to paragraph (1).
``(B) The Secretary of the Army shall provide for a representative
from the Office of the Assistant Secretary of the Army (Acquisition,
Logistics, and Technology) to meet with each commission under Army
management.
``(C) The Department of Defense shall provide for a representative
from the Office of the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs to meet with the commissions
in Colorado and Kentucky.
``(3)(A) Each commission under this subsection shall be composed of
nine members appointed by the Governor of the State. Seven of such
members shall be citizens from the local affected areas in the State.
The other two shall be representatives of State government who have
direct responsibilities related to the chemical demilitarization
program.
``(B) For purposes of this paragraph, affected areas are those areas
located within a 50-mile radius of a chemical weapons storage site.
``(4) <<NOTE: Time period.>> For a period of five years after the
termination of any commission under this subsection, no corporation,
partnership, or other organization in which a member of that commission,
a spouse of a member of that commission, or a natural or adopted child
[[Page 124 STAT. 4418]]
of a member of that commission has an ownership interest may be
awarded--
``(A) a contract related to the disposal of lethal chemical
agents or munitions in the stockpile referred to in subsection
(a); or
``(B) a subcontract under such a contract.
``(5) The members of each commission under this subsection shall
designate the chair of such commission from among the members of such
commission.
``(6) Each commission under this subsection shall meet with a
representative from the Army, or the Office of the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological Defense Programs with
respect to the commissions in Colorado and Kentucky, upon joint
agreement between the chair of such commission and that representative.
The two parties shall meet not less often than twice a year and may meet
more often at their discretion.
``(7) Members of each commission under this subsection shall receive
no pay for their involvement in the activities of their commissions.
Funds appropriated for the Chemical Stockpile Demilitarization Program
may be used for travel and associated travel costs for commissioners of
commissions under this subsection when such travel is conducted at the
invitation of the Assistant Secretary of the Army (Acquisition,
Logistics, and Technology) or the invitation of the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological Defense Programs for
the commissions in Colorado and Kentucky.
``(8) <<NOTE: Termination.>> Each commission under this subsection
shall be terminated after the closure activities required pursuant to
regulations prescribed by the Administrator of the Environmental
Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) have been completed for the chemical agent destruction
facility in such commission's State, or upon the request of the Governor
of such commission's State, whichever occurs first.
``(n) Incentive Clauses in Chemical Demilitarization Contracts.--
(1)(A) The Secretary of Defense may, for the purpose specified in
paragraph (B), authorize the inclusion of an incentives clause in any
contract for the destruction of the United States stockpile of lethal
chemical agents and munitions carried out pursuant to subsection (a).
``(B) The purpose of a clause referred to in subparagraph (A) is to
provide the contractor for a chemical demilitarization facility an
incentive to accelerate the safe elimination of the United States
chemical weapons stockpile and to reduce the total cost of the Chemical
Demilitarization Program by providing incentive payments for the early
completion of destruction operations and the closure of such facility.
``(2)(A) An incentives clause under this subsection shall permit the
contractor for the chemical demilitarization facility concerned the
opportunity to earn incentive payments for the completion of destruction
operations and facility closure activities within target incentive
ranges specified in such clause.
``(B) The maximum incentive payment under an incentives clause with
respect to a chemical demilitarization facility may not exceed the
following amounts:
``(i) In the case of an incentive payment for the completion
of destruction operations within the target incentive range
specified in such clause, $110,000,000.
[[Page 124 STAT. 4419]]
``(ii) In the case of an incentive payment for the
completion of facility closure activities within the target
incentive range specified in such clause, $55,000,000.
``(C) An incentives clause in a contract under this section shall
specify the target incentive ranges of costs for completion of
destruction operations and facility closure activities, respectively, as
jointly agreed upon by the contracting officer and the contractor
concerned. An incentives clause shall require a proportionate reduction
in the maximum incentive payment amounts in the event that the
contractor exceeds an agreed-upon target cost if such excess costs are
the responsibility of the contractor.
``(D) The amount of the incentive payment earned by a contractor for
a chemical demilitarization facility under an incentives clause under
this subsection shall be based upon a determination by the Secretary on
how early in the target incentive range specified in such clause
destruction operations or facility closure activities, as the case may
be, are completed.
``(E) The provisions of any incentives clause under this subsection
shall be consistent with the obligation of the Secretary of Defense
under subsection (d)(1)(A), to provide for maximum protection for the
environment, the general public, and the personnel who are involved in
the destruction of the lethal chemical agents and munitions.
``(F) In negotiating the inclusion of an incentives clause in a
contract under this subsection, the Secretary may include in such clause
such additional terms and conditions as the Secretary considers
appropriate.
``(3)(A) No payment may be made under an incentives clause under
this subsection unless the Secretary determines that the contractor
concerned has satisfactorily performed its duties under such incentives
clause.
``(B) An incentives clause under this subsection shall specify that
the obligation of the Government to make payment under such incentives
clause is subject to the availability of appropriations for that
purpose. Amounts appropriated for Chemical Agents and Munitions
Destruction, Defense, shall be available for payments under incentives
clauses under this subsection.
``(o) Definitions.--In this section:
``(1) The term `chemical agent and munition' means an agent
or munition that, through its chemical properties, produces
lethal or other damaging effects on human beings, except that
such term does not include riot control agents, chemical
herbicides, smoke and other obscuration materials.
``(2) The term `Chemical Weapons Convention' means the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, with annexes, done at Paris, January 13, 1993, and
entered into force April 29, 1997 (T. Doc. 103-21).
``(3) The term `lethal chemical agent and munition' means a
chemical agent or munition that is designed to cause death,
through its chemical properties, to human beings in field
concentrations.
``(4) The term `destruction' means, with respect to chemical
munitions or agents--
``(A) the demolishment of such munitions or agents
by incineration or by any other means; or
[[Page 124 STAT. 4420]]
``(B) the dismantling or other disposal of such
munitions or agents so as to make them useless for
military purposes and harmless to human beings under
normal circumstances.''.
(b) Repeal of Laws Restated in Section 1412 and Obsolete Provisions
of Law.--The following provisions of law are repealed:
(1) Section 125 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1043; 50 U.S.C. 1521 note).
(2) Sections 172, 174, 175, and 180 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2341; 50 U.S.C. 1521 note).
(3) Section 152 of the National Defense Authorization Act
for Fiscal Year 1996 (50 U.S.C. 1521 note).
(4) Section 8065 of the Omnibus Consolidated Appropriations
Act, 1997 (50 U.S.C. 1521 note).
(5) Section 142 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note).
(6) Section 141 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50
U.S.C. 1521 note).
(7) Section 8122 of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521
note).
(8) Section 923 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2360; 50 U.S.C. 1521 note).
(9) Section 8119 of the Department of Defense Appropriations
Act, 2008 (Public Law 110-116; 121 Stat. 1340; 50 U.S.C. 1521
note).
(10) Section 922(c) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 283; 50
U.S.C. 1521 note).
Subtitle D--Other Matters
SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2011
from the Armed Forces Retirement Home Trust Fund the sum of $71,200,000
for the operation of the Armed Forces Retirement Home.
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE
CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1409 and available for the Defense Health
Program for operation and maintenance, $132,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571). For purposes of subsection (a)(2) of such section 1704, any funds
so transferred shall be treated
[[Page 124 STAT. 4421]]
as amounts authorized and appropriated for the Department of Defense
specifically for such transfer.
(b) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred under
subsection (a) may be used are operations of the Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility under an
operational agreement pursuant to section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 455).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces
Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in
Afghanistan and economic transition plan and economic
strategy for Afghanistan.
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2011 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Army in amounts as follows:
[[Page 124 STAT. 4422]]
(1) For aircraft procurement, $1,373,803,000.
(2) For missile procurement, $343,828,000.
(3) For weapons and tracked combat vehicles procurement,
$687,500,000.
(4) For ammunition procurement, $384,441,000.
(5) For other procurement, $5,827,274,000.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Joint Improvised Explosive Device Defeat Fund in the amount of
$3,465,868,000.
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Navy and Marine Corps in amounts as
follows:
(1) For aircraft procurement, Navy, $420,358,000.
(2) For weapons procurement, Navy, $93,425,000.
(3) For ammunition procurement, Navy and Marine Corps,
$565,084,000.
(4) For other procurement, Navy, $480,735,000.
(5) For procurement, Marine Corps, $1,705,069,000.
SEC. 1505. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts of the Air Force in amounts as follows:
(1) For aircraft procurement, $1,096,520,000.
(2) For ammunition procurement, $292,959,000.
(3) For missile procurement, $56,621,000.
(4) For other procurement, $2,992,681,000.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the procurement account for Defense-wide activities in the amount of
$844,546,000.
SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $700,000,000.
SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of
$3,415,000,000.
SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $150,906,000.
(2) For the Navy, $60,401,000.
(3) For the Air Force, $266,241,000.
(4) For Defense-wide activities, $661,240,000.
[[Page 124 STAT. 4423]]
SEC. 1510. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $63,202,618,000.
(2) For the Navy, $8,692,173,000.
(3) For the Marine Corps, $4,136,522,000.
(4) For the Air Force, $13,487,283,000
(5) For Defense-wide activities, $9,436,358,000.
(6) For the Army Reserve, $286,950,000.
(7) For the Navy Reserve, $93,559,000.
(8) For the Marine Corps Reserve, $29,685,000.
(9) For the Air Force Reserve, $129,607,000.
(10) For the Army National Guard, $544,349,000.
(11) For the Air National Guard, $350,823,000.
(12) For the Afghanistan Security Forces Fund,
$11,619,283,000.
(13) For the Iraq Security Forces Fund, $1,500,000,000.
(14) For the Overseas Contingency Operations Transfer Fund,
$506,781,000.
SEC. 1511. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Department of Defense for military personnel in the amount of
$15,275,502,000.
SEC. 1512. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in the amount of $485,384,000.
SEC. 1513. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2011 for expenses, not otherwise provided for,
for the Defense Health Program in the amount of $1,398,092,000 for
operation and maintenance.
SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2011 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the
amount of $457,110,000.
SEC. 1515. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2011 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense in
the amount of $10,529,000.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
[[Page 124 STAT. 4424]]
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2011 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection
may not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN
SECURITY FORCES FUND.
(a) Application of Existing Limitations.--Funds made available to
the Department of Defense for the Afghanistan Security Forces Fund for
fiscal year 2011 shall be subject to the conditions contained in
subsections (b) through (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
428), as amended by subsection (b) of this section.
(b) Modification of Prior Notice and Reporting Requirements.--
Section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428) is amended--
(1) in subsection (e), by striking ``five days'' and
inserting ``15 days''; and
(2) in subsection (g), by adding at the end the following
new sentence: ``The Secretary may treat a report submitted under
section 9010 of the Department of Defense Appropriations Act,
2010 (Public Law 111-118; 123 Stat. 3466), or a successor
provision of law, with respect to a fiscal-year quarter as
satisfying the requirements for a report under this subsection
for that fiscal-year quarter.''.
SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN IRAQ SECURITY
FORCES FUND.
(a) Application of Existing Limitations.--Subject to subsection (b),
funds made available to the Department of Defense for the Iraq Security
Forces Fund for fiscal year 2011 shall be subject to the conditions
contained in subsections (b) through (g) of section 1512 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 426), as amended by subsection (d) of this section.
(b) Cost-share Requirement.--
[[Page 124 STAT. 4425]]
(1) Requirement.--If funds made available to the Department
of Defense for the Iraq Security Forces Fund for fiscal year
2011 are used for the purchase of any item or service for Iraq
Security Forces, the funds may not cover more than 80 percent of
the cost of the item or service.
(2) Exception.--Paragraph (1) does not apply to any item
that the Secretary of Defense determines--
(A) is an item of significant military equipment (as
such term is defined in section 47(9) of the Arms Export
Control Act (22 U.S.C. 2794(9))); or
(B) is included on the United States Munitions List,
as designated pursuant to section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)).
(c) Limitation on Obligation of Funds Pending Certain Commitment by
Government of Iraq.--
(1) <<NOTE: Certification.>> Limitation.--Of the amount
available to the Iraq Security Forces Fund as described in
subsection (a), not more than $1,000,000,000 may be obligated
until the Secretary of Defense certifies to Congress that the
Government of Iraq has demonstrated a commitment to each of the
following:
(A) To adequately build the logistics and
maintenance capacity of the Iraqi security forces.
(B) To develop the institutional capacity to manage
such forces independently.
(C) To develop a culture of sustainment for
equipment provided by the United States or acquired with
United States assistance.
(2) Basis for certification.--The certification of the
Secretary under paragraph (1) shall include a description of the
actions taken by the Government of Iraq that, in the
determination of the Secretary, support the certification.
(d) Modification of Prior Notice and Reporting Requirements.--
Section 1512 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 426) is amended--
(1) in subsection (e), by striking ``five days'' and
inserting ``15 days''; and
(2) in subsection (g), by adding at the end the following
new sentence: ``The Secretary may treat a report submitted under
section 9010 of the Department of Defense Appropriations Act,
2010 (Public Law 111-118; 123 Stat. 3466), or a successor
provision of law, with respect to a fiscal-year quarter as
satisfying the requirements for a report under this subsection
for that fiscal-year quarter.''.
SEC. 1533. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES
FUNDS FOR CERTAIN FACILITIES PROJECTS IN
IRAQ.
Section <<NOTE: Applicability.>> 1508(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4651) shall apply to funds authorized to be appropriated
by this title.
SEC. 1534. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) <<NOTE: Applicability.>> Use and Transfer of Funds.--
Subsections (b) and (c) of section 1514 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2439), as in effect before the amendments made by section 1503 of
the
[[Page 124 STAT. 4426]]
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4649), shall apply to the funds made
available to the Department of Defense for the Joint Improvised
Explosive Device Defeat Fund for fiscal year 2011.
(b) Monthly Obligations and Expenditure Reports.--
(1) Reports required.--Not later than 15 days after the end
of each month of fiscal year 2011, the Secretary of Defense
shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining
monthly commitments, obligations, and expenditures by line of
action.
(2) Repeal of superseded reporting requirement.--Section
1514 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended
by striking subsection (e).
SEC. 1535. TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN
AFGHANISTAN AND ECONOMIC TRANSITION PLAN
AND ECONOMIC STRATEGY FOR AFGHANISTAN.
(a) Projects of Task Force for Business and Stability Operations in
Afghanistan.--
(1) In general.--The Task Force for Business and Stability
Operations in Afghanistan may carry out projects to assist the
commander of United States Forces-Afghanistan and the Ambassador
of the United States Mission in Afghanistan to reduce violence,
enhance stability, and support economic normalcy in Afghanistan
through strategic business and economic activities.
(2) Direction, control, and concurrence.--A project carried
out under paragraph (1) shall be subject to--
(A) the direction and control of the Secretary of
Defense; and
(B) the concurrence of the Secretary of State.
(3) Scope of projects.--The projects carried out under
paragraph (1) may include projects that facilitate private
investment, industrial development, banking and financial system
development, agricultural diversification and revitalization,
and energy development in and with respect to Afghanistan.
(4) Funding.--The Secretary may use funds available for
overseas contingency operations for operation and maintenance
for the Army for additional activities to carry out projects
under paragraph (1). The amount of funds used under authority in
the preceding sentence may not exceed $150,000,000.
(5) Prohibition on use of certain funds.--Funds provided for
the Commanders' Emergency Response Program may not be utilized
to support or carry out projects of the Task Force for Business
and Stability Operations.
(6) Report.--Not later than October 31, 2011, the Secretary
of Defense shall submit to the appropriate congressional
committees a report describing--
(A) the activities of the Task Force for Business
and Stability Operations in Afghanistan in support of
Operation Enduring Freedom during fiscal year 2011,
including the projects carried out under paragraph (1)
during that fiscal year; and
[[Page 124 STAT. 4427]]
(B) how the activities of the Task Force for
Business and Stability Operations in Afghanistan support
the long-term stabilization of Afghanistan.
(7) Expiration of authority.--The authority provided in
paragraph (1) shall expire on September 30, 2011.
(b) Plan for Transition of Task Force Activities to Agency for
International Development.--
(1) Plan required.--The Secretary of Defense, the
Administrator of the Agency for International Development, and
the Secretary of State shall jointly develop a plan to
transition the activities of the Task Force for Business and
Stability Operations in Afghanistan to the Department of State.
(2) Elements of plan.--The plan shall describe at a minimum
the following:
(A) The activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in
fiscal year 2011.
(B) Those activities that the Task Force for
Business and Stability Operations in Afghanistan carried
out in fiscal year 2011 that the Agency for
International Development will continue in fiscal year
2012, including those activities that, rather than
explicitly continued, may be merged with similar efforts
carried out by the Agency for International Development.
(C) Any activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in
fiscal year 2011 that the Agency for International
Development will not continue and the reasons that such
activities shall not be continued.
(D) Those actions that may be necessary to
transition activities carried out by the Task Force for
Business and Stability Operations in Afghanistan in
fiscal year 2011 and that will be continued by the
Agency for International Development in fiscal year 2012
from the Department of Defense to the Agency for
International Development.
(3) Report required.--At the same time that the budget of
the President is submitted to Congress under section 1105(a) of
title 31, United States Code, for fiscal year 2012, the
Secretary of Defense shall submit the plan to the appropriate
congressional committees.
(c) Report on Economic Strategy for Afghanistan.--
(1) <<NOTE: President.>> Report required.--Not later than
180 days after the date of the enactment of this Act, the
President, acting through the Secretary of State and the
Secretary of Defense, shall submit to the appropriate
congressional committees a report on an economic strategy for
Afghanistan that--
(A) supports the United States counterinsurgency
campaign in Afghanistan;
(B) promotes economic stabilization in Afghanistan,
consistent with a longer-term development plan for
Afghanistan; and
(C) enhances the establishment of sustainable
institutions in Afghanistan.
(2) Elements.--The report shall include the following:
(A) An identification of the sectors within the
Afghanistan economy that offer the greatest economic
opportunities
[[Page 124 STAT. 4428]]
to support the purposes of the economic strategy for
Afghanistan set forth under paragraph (1).
(B) An assessment of the capabilities of the
Government of Afghanistan to increase revenue generation
to meet its own operational and developmental costs in
the short-term, medium-term, and long-term.
(C) An assessment of the infrastructure (water,
power, rail, road) required to underpin economic
development in Afghanistan.
(D) A description of the potential role in the
economic strategy for Afghanistan of each of the
following:
(i) Private sector investment, including
investment by and through the Overseas Private
Investment Corporation.
(ii) Efforts to promote public-private
partnerships.
(iii) National Priority Programs of the
Government of Afghanistan, including the
Afghanistan National Solidarity Program, and
public works projects.
(iv) International financial institutions,
including the International Bank for
Reconstruction and Development and the Asian
Development Bank.
(v) Efforts to promote trade, including
efforts by and through the Export-Import Bank of
the United States.
(vi) Department of Defense policies to promote
economic stabilization and development, including
the Afghanistan First procurement policy and
efforts by the Department to enhance
transportation, electrification, and
communications networks both within Afghanistan
and between Afghanistan and neighboring countries.
(E) An evaluation of the regional dimension of an
economic strategy for Afghanistan, including a
description of economic areas suitable for regional
collaboration and a prioritization among such areas for
attention under the strategy.
(F) A timeline and milestones for activities that
can promote economic stabilization, development, and
sustainability in Afghanistan in the short-term, medium-
term, and long-term.
(G) Metrics for assessing progress under the
economic strategy for Afghanistan.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services, Foreign Relations, and
Appropriations of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs, and
Appropriations of the House of Representatives.
[[Page 124 STAT. 4429]]
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
Sec. 1601. Definition of Department of Defense sexual assault prevention
and response program and other definitions.
Sec. 1602. Comprehensive Department of Defense policy on sexual assault
prevention and response program.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.
Subtitle B--Improved and Expanded Availability of Services
Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.
Subtitle C--Reporting Requirements
Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault prevention
and response program.
Sec. 1632. Additional reports.
SEC. 1601. <<NOTE: 10 USC 1561 note.>> DEFINITION OF DEPARTMENT
OF DEFENSE SEXUAL ASSAULT PREVENTION AND
RESPONSE PROGRAM AND OTHER DEFINITIONS.
(a) Sexual Assault Prevention and Response Program Defined.--In this
title, the term ``sexual assault prevention and response program''
refers to Department of Defense policies and programs, including
policies and programs of a specific military department or Armed Force,
that, as modified as required by this title--
(1) are intended to reduce the number of sexual assaults
involving members of the Armed Forces, whether members are the
victim, alleged assailant, or both; and
(2) improve the response of the Department of Defense, the
military departments, and the Armed Forces to reports of sexual
assaults involving members of the Armed Forces, whether members
are the victim, alleged assailant, or both, and to reports of
sexual assaults when a covered beneficiary under chapter 55 of
title 10, United States Code, is the victim.
(b) Other Definitions.--In this title:
(1) The term ``Armed Forces'' means the Army, Navy, Air
Force, and Marine Corps.
(2) The terms ``covered beneficiary'' and ``dependent'' have
the meanings given those terms in section 1072 of title 10,
United States Code.
(3) The term ``department'' has the meaning given that term
in section 101(a)(6) of title 10, United States Code.
(4) The term ``military installation'' has the meaning
given that term by the Secretary concerned.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to
matters concerning the Army;
[[Page 124 STAT. 4430]]
(B) the Secretary of the Navy, with respect to
matters concerning the Navy and the Marine Corps; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Air Force.
(6) The term ``sexual assault'' has the definition developed
for that term by the Secretary of Defense pursuant to subsection
(a)(3) of section 577 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 113 note), subject to such modifications as the Secretary
considers appropriate.
SEC. 1602. <<NOTE: 10 USC 1561 note.>> COMPREHENSIVE DEPARTMENT
OF DEFENSE POLICY ON SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.
(a) <<NOTE: Deadline.>> Comprehensive Policy Required.--Not later
than March 30, 2012, the Secretary of Defense shall submit to the
congressional defense committees a revised comprehensive policy for the
Department of Defense sexual assault prevention and response program
that--
(1) builds upon the comprehensive sexual assault prevention
and response policy developed under subsections (a) and (b) of
section 577 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 113 note);
(2) incorporates into the sexual assault prevention and
response program the new requirements identified by this title;
and
(3) ensures that the policies and procedures of the military
departments regarding sexual assault prevention and response are
consistent with the revised comprehensive policy.
(b) Consideration of Task Force Findings, Recommendations, and
Practices.--In developing the comprehensive policy required by
subsection (a), the Secretary of Defense shall take into account the
findings and recommendations found in the report of the Defense Task
Force on Sexual Assault in the Military Services issued in December
2009.
(c) Sexual Assault Prevention and Response Evaluation Plan.--
(1) Plan required.--The Secretary of Defense shall develop
and implement an evaluation plan for assessing the effectiveness
of the comprehensive policy prepared under subsection (a) in
achieving its intended outcomes at the department and individual
Armed Force levels.
(2) Role of service secretaries.--As a component of the
evaluation plan, the Secretary of each military department shall
assess the adequacy of measures undertaken at military
installations and by units of the Armed Forces under the
jurisdiction of the Secretary to ensure the safest and most
secure living and working environments with regard to preventing
sexual assault.
(d) Progress Report.--Not later than October 1, 2011, the Secretary
of Defense shall submit to the congressional defense committees a
report--
(1) describing the process by which the comprehensive policy
required by subsection (a) is being revised;
[[Page 124 STAT. 4431]]
(2) describing the extent to which revisions of the
comprehensive policy and the evaluation plan required by
subsection (c) have already been implemented; and
(3) containing a determination by the Secretary regarding
whether the Secretary will be able to comply with the revision
deadline specified in subsection (a).
(e) Consistency of Terminology, Position Descriptions, Program
Standards, and Organizational Structures.--
(1) <<NOTE: Requirement.>> In general.--The Secretary of
Defense shall require the use of consistent terminology,
position descriptions, minimum program standards, and
organizational structures throughout the Armed Forces in
implementing the sexual assault prevention and response program.
(2) Minimum standards.--The Secretary of Defense shall
establish minimum standards for--
(A) the training, qualifications, and status of
Sexual Assault Response Coordinators and Sexual Assault
Victim Advocates for the Armed Forces; and
(B) the curricula to be used to provide sexual
assault prevention and response training and education
for members of the Armed Forces and civilian employees
of the department to strengthen individual knowledge,
skills, and capacity to prevent and respond to sexual
assault.
(3) Recognizing operational differences.--In complying with
this subsection, the Secretary of Defense shall take into
account the responsibilities of the Secretary concerned and
operational needs of the Armed Force involved.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
SEC. 1611. <<NOTE: 10 USC 1561 note.>> SEXUAL ASSAULT PREVENTION
AND RESPONSE OFFICE.
(a) Appointment of Director.--There shall be a Director of the
Sexual Assault Prevention and Response Office. During the development
and implementation of the comprehensive policy for the Department of
Defense sexual assault prevention and response program, the Director
shall operate under the oversight of the Advisory Working Group of the
Deputy Secretary of Defense.
(b) Duties of Director.--The Director of the Sexual Assault
Prevention and Response Office shall--
(1) oversee implementation of the comprehensive policy for
the Department of Defense sexual assault prevention and response
program;
(2) serve as the single point of authority, accountability,
and oversight for the sexual assault prevention and response
program; and
(3) provide oversight to ensure that the military
departments comply with the sexual assault prevention and
response program.
(c) Role of Inspectors General.--
(1) In general.--The Inspector General of the Department of
Defense, the Inspector General of the Army, the Naval Inspector
General, and the Inspector General of the Air Force shall treat
the sexual assault prevention and response program
[[Page 124 STAT. 4432]]
as an item of special interest when conducting inspections of
organizations and activities with responsibilities regarding the
prevention and response to sexual assault.
(2) Composition of investigation teams.--The Inspector
General inspection teams shall include at least one member with
expertise and knowledge of sexual assault prevention and
response policies related to a specific Armed Force.
(d) Staff.--
(1) <<NOTE: Deadline.>> Assignment.--Not later than 18
months after the date of the enactment of this Act, an officer
from each of the Armed Forces in the grade of O-4 or above shall
be assigned to the Sexual Assault Prevention and Response Office
for a minimum tour length of at least 18 months.
(2) Higher grade.--Notwithstanding paragraph (1), of the
four officers assigned to the Sexual Assault Prevention and
Response Office under this subsection at any time, one officer
shall be in the grade of O-6 or above.
SEC. 1612. <<NOTE: 10 USC 1561 note.>> OVERSIGHT AND EVALUATION
STANDARDS.
(a) Issuance of Standards.--The Secretary of Defense shall issue
standards to assess and evaluate the effectiveness of the sexual assault
prevention and response program of each Armed Force in reducing the
number of sexual assaults involving members of the Armed Forces and in
improving the response of the department to reports of sexual assaults
involving members of the Armed Forces, whether members of the Armed
Forces are the victim, alleged assailant, or both.
(b) Sexual Assault Prevention Evaluation Plan.--The Secretary of
Defense shall use the sexual assault prevention and response evaluation
plan developed under section 1602(c) to ensure that the Armed Forces
implement and comply with assessment and evaluation standards issued
under subsection (a).
SEC. 1613. <<NOTE: 10 USC 1561 note.>> REPORT AND PLAN FOR
COMPLETION OF ACQUISITION OF CENTRALIZED
DEPARTMENT OF DEFENSE SEXUAL ASSAULT
DATABASE.
(a) Report and Plan Required.--Not later than April 1, 2011, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report--
(1) describing the status of development and implementation
of the centralized Department of Defense sexual assault database
required by section 563 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4470; 10 U.S.C. 113 note);
(2) containing a revised implementation plan under
subsection (c) of such section for completing implementation of
the database; and
(3) indicating the date by which the database will be
operational.
(b) Content of Implementation Plan.--The plan referred to in
subsection (a)(2) shall address acquisition best practices associated
with successfully acquiring and deploying information technology systems
related to the centralized sexual assault database, such as economically
justifying the proposed system solution and effectively developing and
managing requirements.
[[Page 124 STAT. 4433]]
SEC. 1614. <<NOTE: 10 USC 1561 note.>> RESTRICTED REPORTING OF
SEXUAL ASSAULTS.
The Secretary of Defense shall clarify the limitations on the
ability of a member of the Armed Forces to make a restricted report
regarding the occurrence of a sexual assault and the circumstances under
which information contained in a restricted report may no longer be
confidential.
Subtitle B--Improved and Expanded Availability of Services
SEC. 1621. <<NOTE: 10 USC 1561 note.>> IMPROVED PROTOCOLS FOR
PROVIDING MEDICAL CARE FOR VICTIMS OF
SEXUAL ASSAULT.
The Secretary of Defense shall establish comprehensive and
consistent protocols for providing and documenting medical care to a
member of the Armed Forces or covered beneficiary who is a victim of a
sexual assault, including protocols with respect to the appropriate
screening, prevention, and mitigation of diseases. In establishing the
protocols, the Secretary shall take into consideration the gender of the
victim.
SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE
SERVICES.
(a) Availability of Victim Advocate Services.--
(1) Availability.--A member of the Armed Forces or a
dependent, as described in paragraph (2), who is the victim of a
sexual assault is entitled to assistance provided by a qualified
Sexual Assault Victim Advocate.
(2) Covered dependents.--The assistance described in
paragraph (1) is available to a dependent of a member of the
Armed Forces who is the victim of a sexual assault and who
resides on or in the vicinity of a military installation. The
Secretary concerned shall define the term ``vicinity'' for
purposes of this paragraph.
(b) Notice of Availability of Assistance; Opt Out.--The member or
dependent shall be informed of the availability of assistance under
subsection (a) as soon as the member or dependent seeks assistance from
a Sexual Assault Response Coordinator. The victim shall also be informed
that the services of a Sexual Assault Response Coordinator and Sexual
Assault Victim Advocate are optional and that these services may be
declined, in whole or in part, at any time.
(c) Nature of Reporting Immaterial.--In the case of a member of the
Armed Forces, Victim Advocate services are available regardless of
whether the member elects unrestricted or restricted (confidential)
reporting of the sexual assault.
Subtitle C--Reporting Requirements
SEC. 1631. <<NOTE: 10 USC 1561 note.>> ANNUAL REPORT REGARDING
SEXUAL ASSAULTS INVOLVING MEMBERS OF THE
ARMED FORCES AND IMPROVEMENT TO SEXUAL
ASSAULT PREVENTION AND RESPONSE PROGRAM.
(a) Annual Reports on Sexual Assaults.--Not later than March 1,
2012, and each March 1 thereafter through March 1, 2017, the Secretary
of each military department shall submit to
[[Page 124 STAT. 4434]]
the Secretary of Defense a report on the sexual assaults involving
members of the Armed Forces under the jurisdiction of that Secretary
during the preceding year. In the case of the Secretary of the Navy,
separate reports shall be prepared for the Navy and for the Marine
Corps.
(b) Contents.--The report of a Secretary of a military department
for an Armed Force under subsection (a) shall contain the following:
(1) The number of sexual assaults committed against members
of the Armed Force that were reported to military officials
during the year covered by the report, and the number of the
cases so reported that were substantiated.
(2) The number of sexual assaults committed by members of
the Armed Force that were reported to military officials during
the year covered by the report, and the number of the cases so
reported that were substantiated. The information required by
this paragraph may not be combined with the information required
by paragraph (1).
(3) A synopsis of each such substantiated case, organized by
offense, and, for each such case, the action taken in the case,
including the type of disciplinary or administrative sanction
imposed, if any, including courts-martial sentences, non-
judicial punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code (article
15 of the Uniform Code of Military Justice), and administrative
separations.
(4) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by the report in
response to incidents of sexual assault involving members of the
Armed Force concerned.
(5) The number of substantiated sexual assault cases in
which the victim is a deployed member of the Armed Forces and
the assailant is a foreign national, and the policies,
procedures, and processes implemented by the Secretary concerned
to monitor the investigative processes and disposition of such
cases and any actions taken to eliminate any gaps in
investigating and adjudicating such cases.
(6) A description of the implementation of the accessibility
plan implemented pursuant to section 596(b) of such Act,
including a description of the steps taken during that year to
ensure that trained personnel, appropriate supplies, and
transportation resources are accessible to deployed units in
order to provide an appropriate and timely response in any case
of reported sexual assault in a deployed unit, location, or
environment.
(c) Consistent Definition of Substantiated.--Not later than December
31, 2011, the Secretary of Defense shall establish a consistent
definition of ``substantiated'' for purposes of paragraphs (1), (2),
(3), and (5) of subsection (b) and provide synopses for those cases for
the preparation of reports under this section.
(d) Submission to Congress.--Not later than April 30 of each year in
which the Secretary of Defense receives reports under subsection (a),
the Secretary of Defense shall forward the reports to the Committees on
Armed Services of the Senate and House of Representatives, together
with--
(1) the results of assessments conducted under the
evaluation plan required by section 1602(c); and
[[Page 124 STAT. 4435]]
(2) such assessments on the reports as the Secretary of
Defense considers appropriate.
(e) Repeal of Superseded Reporting Requirement.--
(1) Repeal.--Subsection (f) of section 577 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 113 note) is repealed.
(2) Submission of 2010 report.--The reports required by
subsection (f) of section 577 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 10 U.S.C. 113 note) covering calendar year 2010 are still
required to be submitted to the Secretary of Defense and the
Committees on Armed Services of the Senate and House of
Representatives pursuant to the terms of such subsection, as in
effect before the date of the enactment of this Act.
SEC. 1632. <<NOTE: Evaluations. 10 USC 1561 note.>> ADDITIONAL
REPORTS.
(a) Extension of Sexual Assault Prevention and Response Services to
Additional Persons.--The Secretary of Defense shall evaluate the
feasibility of extending department sexual assault prevention and
response services to Department of Defense civilian employees and
employees of defense contractors who--
(1) are victims of a sexual assault; and
(2) work on or in the vicinity of a military installation or
with members of the Armed Forces.
(b) Extension of Sexual Assault Prevention and Response Program to
Reserve Components.--The Secretary of Defense shall evaluate the
application of the sexual assault prevention and response program to
members of the reserve components, including, at a minimum, the
following:
(1) The ability of members of the reserve components to
access the services available under the sexual assault
prevention and response program, including policies and programs
of a specific military department or Armed Force.
(2) The quality of training provided to Sexual Assault
Response Coordinators and Sexual Assault Victim Advocates in the
reserve components.
(3) The degree to which the services available for regular
and reserve members under the sexual assault prevention and
response program are integrated.
(4) Such recommendations as the Secretary of Defense
considers appropriate on how to improve the services available
for reserve members under the sexual assault prevention and
response program and their access to the services.
(c) Copy of Record of Court-martial to Victim of Sexual Assault.--
The Secretary of Defense shall evaluate the feasibility of requiring
that a copy of the prepared record of the proceedings of a general or
special court-martial involving a sexual assault be given to the victim
in cases in which the victim testified during the proceedings.
(d) Access to Legal Assistance.--The Secretary of Defense shall
evaluate the feasibility of authorizing members of the Armed Forces who
are victims of a sexual assault and dependents of members who are
victims of a sexual assault to receive legal assistance provided by a
military legal assistance counsel certified as competent to provide
legal assistance related to responding to sexual assault.
[[Page 124 STAT. 4436]]
(e) Use of Forensic Medical Examiners.--The Secretary of Defense
shall evaluate the feasibility of utilizing, when sexual assaults
involving members of the Armed Forces occur in a military environment
where civilian resources are limited or unavailable, forensic medical
examiners who are specially trained regarding the collection and
preservation of evidence in cases involving sexual assault.
(f) Submission of Results.--The Secretary of Defense shall submit
the results of the evaluations required by this section to the
Committees on Armed Services of the Senate and House of Representatives.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2011.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2011''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX of this division for military construction
projects, land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor) shall
expire on the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2014.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2013; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2014 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. FUNDING TABLES.
(a) In General.--The amounts authorized to be appropriated by
sections 2104, 2204, 2304, 2403, 2411, 2502, 2606, 2701, and 2703 shall
be available in the amounts specified in the funding table in section
3001.
(b) Overseas Contingency Operations.--The amounts authorized to be
appropriated by sections 2901, 2902, and 2903 shall be available in the
amounts specified in the funding table in section 3002.
[[Page 124 STAT. 4437]]
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in
conjunction with funds provided by the Commonwealth of
Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.
SECTION 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Fort Rucker................................... $69,650,000
Alaska......................................... Fort Greely................................... $26,000,000
Fort Richardson............................... $113,238,000
Fort Wainwright............................... $173,000,000
California..................................... Presidio Monterey............................. $140,000,000
Colorado....................................... Fort Carson................................... $106,350,000
Florida........................................ Eglin Air Force Base.......................... $6,900,000
Miami-Dade County............................. $41,000,000
Georgia........................................ Fort Benning.................................. $145,400,000
Fort Gordon................................... $4,150,000
Fort Stewart.................................. $125,250,000
Hawaii......................................... Fort Shafter.................................. $81,000,000
Schofield Barracks............................ $212,000,000
Tripler Army Medical Center................... $28,000,000
Kansas......................................... Fort Leavenworth.............................. $7,100,000
Fort Riley.................................... $57,100,000
Kentucky....................................... Fort Campbell................................. $143,900,000
Fort Knox..................................... $18,800,000
Louisiana...................................... Fort Polk..................................... $63,250,000
Maryland....................................... Aberdeen Proving Ground....................... $14,600,000
Fort Meade.................................... $32,600,000
Missouri....................................... Fort Leonard Wood............................. $111,700,000
New Mexico..................................... White Sands................................... $29,000,000
New York....................................... Fort Drum..................................... $228,800,000
U.S. Military Academy......................... $132,324,000
North Carolina................................. Fort Bragg.................................... $310,900,000
Oklahoma....................................... Fort Sill..................................... $13,800,000
McAlester Army Ammunition Plant............... $3,000,000
South Carolina................................. Fort Jackson.................................. $91,000,000
Texas.......................................... Fort Bliss.................................... $149,950,000
Fort Hood..................................... $145,050,000
Fort Sam Houston.............................. $22,200,000
Virginia....................................... Fort A.P. Hill................................ $93,600,000
Fort Eustis................................... $18,000,000
Fort Lee...................................... $18,400,000
[[Page 124 STAT. 4438]]
Washington..................................... Fort Lewis.................................... $171,800,000
Yakima Firing Range........................... $3,750,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(2), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram........................................ $101,500,000
Germany........................................ Ansbach....................................... $31,800,000
Grafenwoehr................................... $75,500,000
Rhine Ordnance Barracks....................... $35,000,000
Sembach Air Base.............................. $9,100,000
Wiesbaden Air Base............................ $126,500,000
Honduras....................................... Soto Cano Air Base............................ $20,400,000
Korea.......................................... Camp Walker................................... $19,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2104(5)(A),
the Secretary of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................. Fort Wainwright............ 110....................... $21,000,000
Germany................................ Baumholder................. 64........................ $34,329,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(5)(A), the Secretary of
the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$2,040,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $35,000,000.
[[Page 124 STAT. 4439]]
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction, land
acquisition, and military family housing functions of the Department of
the Army in the total amount of $4,565,507,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $3,152,562,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $419,300,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section 2807
of title 10, United States Code, $249,636,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $92,369,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $518,140,000.
(6) For the construction of increment 4 of a brigade complex
operations support facility at Vicenza, Italy, authorized by
section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 505), $25,000,000.
(7) For the construction of increment 4 of a brigade complex
barracks and community support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 505), $26,000,000.
(8) For the construction of increment 2 of the Command and
Battle Center at Wiesbaden, Germany, authorized by section
2101(b) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4662), $59,500,000.
SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION FUNDS IN
CONJUNCTION WITH FUNDS PROVIDED BY THE
COMMONWEALTH OF VIRGINIA TO CARRY OUT
CERTAIN FISCAL YEAR 2002 PROJECT.
(a) Fire Station at Fort Belvoir, Virginia.--Section 2836(d) of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1314), as amended by section 2846 of
the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3527) and section 2849 of
the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2486), is further amended--
(1) in paragraph (2), by inserting ``through a project for
construction of an Army standard-design, two-company fire
station at Fort Belvoir, Virginia,'' after ``Building 191''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may use up to $3,900,000 of available,
unobligated Army military construction funds appropriated for a fiscal
[[Page 124 STAT. 4440]]
year before fiscal year 2011, in conjunction with the funds provided
under paragraph (1), for the project described in paragraph (2).''.
(b) Congressional Notification.--The Secretary of the Army shall
provide information, in accordance with section 2851(c) of title 10,
United States Code, regarding the project described in the amendment
made by subsection (a). If it becomes necessary to exceed the estimated
project cost of $8,780,000, including $4,880,000 contributed by the
Commonwealth of Virginia, the Secretary shall utilize the authority
provided by section 2853 of such title regarding authorized cost and
scope of work variations.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2009 PROJECT.
The table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4661) is amended by striking ``Katterbach'' and inserting
``Grafenwoehr''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2628) for Fort Riley,
Kansas, for construction of a Brigade Complex at the installation, the
Secretary of the Army may construct up to a 40,100 square-feet brigade
headquarters consistent with the Army's construction guidelines for
brigade headquarters.
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2011, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia.............................. Fort Stewart Unit Operations $16,000,000
Facilities..............
Hawaii............................... Schofield Barracks Tactical Vehicle Wash $10,200,000
Facility................
............................. Barracks Complex-Wheeler $51,000,000
205.....................
Louisiana............................ Fort Polk Brigade Headquarters..... $9,800,000
............................. Child Care Facility...... $6,100,000
Missouri............................. Fort Leonard Wood Multipurpose Machine Gun $4,150,000
Range...................
Oklahoma............................. Fort Sill Multipurpose Machine Gun $3,300,000
Range...................
Washington........................... Fort Lewis Alternative Fuel Facility $3,300,000
----------------------------------------------------------------------------------------------------------------
[[Page 124 STAT. 4441]]
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008
project.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Mobile........................................ $29,082,000
Arizona........................................ Marine Corps Air Station, Yuma................ $285,060,000
California..................................... Marine Corps Base, Camp Pendleton............. $362,124,000
Naval Base, Coronado.......................... $67,160,000
Marine Corps Air Station, Miramar............. $190,610,000
San Diego..................................... $193,706,000
Marine Corps Base, Twentynine Palms........... $53,158,000
Florida........................................ Blount Island Command........................ $74,620,000
Georgia........................................ Naval Submarine Base, Kings Bay............... $60,664,000
Hawaii......................................... Marine Corps Base, Camp Smith................. $29,960,000
Marine Corps Base, Kaneohe Bay................ $109,660,000
Naval Station, Pearl Harbor................... $108,468,000
Maryland....................................... Naval Support Facility, Indian Head........... $34,328,000
Naval Air Station, Patuxent River............. $42,211,000
North Carolina................................. Marine Corps Base, Camp Lejeune............... $789,393,000
Marine Corps Air Station, Cherry Point........ $65,510,000
Rhode Island................................... Naval Station, Newport........................ $27,007,000
South Carolina................................. Marine Corps Air Station, Beaufort............ $129,410,000
Virginia....................................... Naval Station, Norfolk........................ $12,435,000
Marine Corps Base, Quantico................... $143,632,000
Washington..................................... Bangor........................................ $56,893,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... Southwest Asia................................ $213,153,000
Djibouti........................................ Camp Lemonier................................. $11,148,000
Guam............................................ Naval Activities, Guam........................ $66,730,000
Japan........................................... Atsugi Naval Air Facility..................... $6,908,000
Spain........................................... Naval Station, Rota........................... $23,190,000
----------------------------------------------------------------------------------------------------------------
[[Page 124 STAT. 4442]]
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(5)(A),
the Secretary of the Navy may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Cuba.................................... Guantanamo Bay................. 71 $37,169,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(5)(A), the Secretary of
the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$3,255,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $146,020,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $4,068,963,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,865,001,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $321,129,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,877,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $120,050,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $186,444,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $366,346,000.
(6) For the construction of increment 7 of a limited area
production and storage complex at Bangor, Washington, authorized
by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2106), $19,116,000.
[[Page 124 STAT. 4443]]
(7) For the construction of increment 2 of a ship repair
pier replacement at Norfolk Naval Shipyard, Virginia, authorized
by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2633), $100,000,000.
(8) For the construction of increment 2 of a wharves
improvement at Apra Harbor, Guam, authorized by section 2201(b)
of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2633),
$40,000,000.
(9) For the construction of increment 2 of a tertiary water
treatment plant at Marine Corps Base Camp Pendleton, California,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law
111-84; 123 Stat. 2632), $30,000,000.
SEC. 2205. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT FISCAL
YEAR 2010 PROJECT.
Section 2204 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2634) is
amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(14) For the construction of the first increment of a
tertiary water treatment plant at Marine Corps Base, Camp
Pendleton, California, authorized by section 2201(a),
$112,330,000.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(7) $30,000,000 (the balance of the amount authorized
under section 2201(a) for North Region Tertiary Treatment Plant,
Camp Pendleton, California).''.
SEC. 2206. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act (122
Stat. 511), shall remain in effect until October 1, 2011, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2012, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide.............................. Unspecified.............. Host Nation Infrastructure. $2,700,000
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
[[Page 124 STAT. 4444]]
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama..................... Maxwell Air Force Base $13,400,000
Alaska...................... Eielson Air Force Base. $28,000,000
Elmendorf Air Force $30,274,000
Base.
Arizona..................... Davis-Monthan Air Force $48,500,000
Base.
Luke Air Force Base.... $64,410,000
Colorado.................... Buckley Air Force Base. $12,160,000
Peterson Air Force Base $24,800,000
U.S. Air Force Academy. $27,600,000
Delaware.................... Dover Air Force Base... $3,200,000
District of Columbia........ Bolling Air Force Base. $13,200,000
Florida..................... Eglin Air Force Base... $11,400,000
Hurlburt Field......... $34,670,000
Patrick Air Force Base. $158,009,000
Louisiana................... Barksdale Air Force $18,140,000
Base.
Nevada...................... Creech Air Force Base.. $11,710,000
Nellis Air Force Base.. $51,640,000
New Jersey.................. McGuire Air Force Base. $26,440,000
New Mexico.................. Cannon Air Force Base.. $34,000,000
Holloman Air Force Base $37,970,000
Kirtland Air Force Base $24,402,000
New York.................... Fort Drum.............. $20,440,000
North Dakota................ Minot Air Force Base... $18,770,000
Oklahoma.................... Tinker Air Force Base.. $14,000,000
South Carolina.............. Charleston Air Force $15,000,000
Base.
Texas....................... Dyess Air Force Base... $4,080,000
Lackland Air Force $127,280,000
Base.
Utah........................ Hill Air Force Base.... $14,900,000
Virginia.................... Langley Air Force Base. $8,800,000
Wyoming..................... Camp Guernsey.......... $4,650,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan..................... Bagram............... $42,960,000
Bahrain......................... SW Asia.............. $45,000,000
Germany......................... Kapaun............... $19,600,000
Ramstein Air Base.... $22,354,000
Vilseck.............. $12,900,000
[[Page 124 STAT. 4445]]
Guam............................ Andersen Air Force $50,300,000
Base.
Italy........................... Aviano Air Base...... $29,200,000
Korea........................... Kunsan Air Base...... $7,500,000
Qutar........................... Al Udeid............. $62,300,000
United Kingdom.................. RAF Mildenhall....... $15,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force may
carry out architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $4,225,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $73,800,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2009, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $1,885,112,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $901,845,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $307,114,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$18,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,336,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $78,025,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $513,792,000.
SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2007
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), authorization set forth in the
table in subsection (b), as provided in section 2302 of that Act (120
Stat. 2455) and extended by section 2306 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84;
123 Stat. 2638), shall remain in effect until October 1, 2011, or the
date of the enactment of an Act authorizing
[[Page 124 STAT. 4446]]
funds for military construction for fiscal year 2012, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base.................... units).....................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2010 projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(1), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following tables:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Arizona..................... Yuma Proving Ground.... $8,977,000
California.................. Point Magu Naval Base.. $3,100,000
Colorado.................... Fort Carson............ $3,717,000
District of Columbia........ Bolling Air Force Base. $3,000,000
Florida..................... Eglin Air Force Base... $6,030,000
Georgia..................... Augusta................ $12,855,000
Fort Benning........... $26,865,000
Fort Stewart........... $35,100,000
Hunter Air National $2,400,000
Guard Station.........
Hunter Army Airfield... $3,318,000
Hawaii...................... Hickam Air Force Base.. $8,500,000
Pearl Harbor........... $28,804,000
Idaho....................... Mountain Home Air Force $27,500,000
Base..................
Illinois.................... Scott Air Force Base... $1,388,000
Kentucky.................... Fort Campbell.......... $38,095,000
Maryland.................... Andrews Air Force Base. $14,000,000
Bethesda Naval Hospital $80,000,000
[[Page 124 STAT. 4447]]
Fort Detrick........... $45,700,000
Fort Meade............. $219,360,000
Massachusetts............... Hanscom Air Force Base. $2,900,000
New Mexico.................. Cannon Air Force Base.. $116,225,000
White Sands Missile $22,900,000
Range.
New York.................... United States Military $27,960,000
Academy...............
North Carolina.............. Camp Lejeune........... $16,646,000
Fort Bragg............. $168,693,000
Ohio........................ Defense Supply Center, $7,400,000
Columbus..............
Pennsylvania................ Defense Distribution $96,000,000
Depot New Cumberland..
Texas....................... Lackland Air Force Base $162,500,000
Virginia.................... Craney Island.......... $58,000,000
Fort Belvoir........... $6,300,000
Pentagon Reservation... $63,324,000
Marine Corps Base, $47,355,000
Quantico.
Washington.................. Fort Lewis............. $8,400,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(2), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following tables:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Belgium......................... Brussels............. $99,174,000
Germany......................... Katterbach........... $37,100,000
Panzer Kaserne....... $48,968,000
Vilseck.............. $34,800,000
Japan........................... Kadena Air Base...... $3,000,000
Misawa Air Base...... $31,000,000
Korea........................... Camp Carroll......... $19,500,000
Puerto Rico..................... Fort Buchanan........ $58,708,000
Qatar........................... Al Udeid............. $1,961,000
United Kingdom.................. Menwith Hill Station. $2,000,000
Royal Air Force $30,308,000
Alconbury.
Royal Air Force $15,900,000
Mildenhall.
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
(a) Projects Authorized.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(6), the Secretary of
Defense may carry out energy conservation projects under chapter 173 of
title 10, United States Code, in the amount of $120,000,000.
(b) Availability of Funds for Reserve Component Projects.--Of the
amount authorized to be appropriated by section 2403(6) for energy
conservation projects, the Secretary of Defense shall reserve a portion
of the amount for energy conservation projects for the reserve
components in an amount that is not less than an amount that bears the
same proportion to the total amount
[[Page 124 STAT. 4448]]
authorized to be appropriated as the total quantity of energy consumed
by reserve facilities (as defined in section 18232(2) of title 10,
United States Code) during fiscal year 2010 bears to the total quantity
of energy consumed by all military installations (as defined in section
2687(e)(1) of such title) during that fiscal year, as determined by the
Secretary.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) in the total amount of
$3,116,137,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $1,373,312,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $382,419,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $42,856,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $431,617,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $120,000,000.
(7) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $50,464,000.
(B) For credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title 10,
United States Code, and the Homeowners Assistance Fund
established under section 1013 of the Demonstration
Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374), $17,611,000.
(8) For the construction of increment 5 of the Army Medical
Research Institute of Infectious Diseases Stage I at Fort
Detrick, Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B
of Public Law 109-364; 120 Stat. 2457), $17,400,000.
(9) For the construction of increment 3 of replacement fuel
storage facilities at Point Loma Annex, California, authorized
by section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2646), $20,000,000.
(10) For the construction of increment 3 of the United
States Army Medical Research Institute of Chemical Defense
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4689), $105,000,000.
[[Page 124 STAT. 4449]]
(11) For the construction of increment 3 of a National
Security Agency data center at Camp Williams, Utah, authorized
as a Military Construction, Defense-Wide project by the
Supplemental Appropriations Act, 2009 (Public Law 111-32; 123
Stat. 1888), $398,358,000.
(12) For the construction of increment 2 of the hospital at
Fort Bliss, Texas, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2642), $147,100,000.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECTS.
(a) Authorization of Project for Which Funds Have Been
Appropriated.--
(1) Authorization.--The table relating to the Missile
Defense Agency in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law
111-84; 123 Stat. 2641) is amended by adding at the end the
following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Worldwide Unspecified....... Range Facility............... $68,500,000
------------------------------------------------------------------------
(2) Authorization of appropriations.--Section 2404(a)(1) of
that Act (123 Stat. 2644) is amended by striking
``$1,048,783,000'' and inserting ``$1,117,283,000''.
(3) Project description.--In the case of the authorization
contained in the amendment made by paragraph (1), the authorized
project relates to an Aegis ashore test facility for which funds
were made available by title I of the Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2010
(division E of Public Law 111-117; 123 Stat. 3286) under the
heading ``Military Construction, Defense-Wide''.
(b) Purpose of Fort Bragg Project.--In the case of the authorization
contained in the table relating to the TRICARE Management Activity in
section 2401(a) of the Military Construction Authorization Act of Fiscal
Year 2010 (division B of Public Law 111-84; 123 Stat. 2642) for Fort
Bragg, North Carolina, for construction of a Health Clinic at the
installation, the Secretary of Defense may construct a Behavioral Health
clinic that predominantly provides behavioral health specialty care.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction and land
acquisition for chemical demilitarization in the total amount of
$124,971,000, as follows:
(1) For the construction of phase 12 of a chemical munitions
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
[[Page 124 STAT. 4450]]
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), section 2407
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2698), and
section 2413 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4697), $65,569,000.
(2) For the construction of phase 11 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section 2405
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2698), and
section 2414 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4697), and section 2412 of this Act, $59,402,000.
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2000 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is amended--
(1) in the item relating to Blue Grass Army Depot, Kentucky,
by striking ``$492,000,000'' in the amount column and inserting
``$746,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,203,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is further amended by striking
``$469,200,000'' and inserting ``$723,200,000''.
[[Page 124 STAT. 4451]]
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $258,884,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Florence...................................... $16,500,000
Arkansas....................................... Camp Robinson................................. $30,000,000
Fort Chaffee.................................. $21,500,000
California..................................... Camp Roberts.................................. $19,000,000
Colorado....................................... Colorado Springs.............................. $20,000,000
Fort Carson................................... $40,000,000
[[Page 124 STAT. 4452]]
Gypsum........................................ $39,000,000
Windsor....................................... $7,500,000
Connecticut.................................... Windsor Locks................................. $41,000,000
Delaware....................................... New Castle.................................... $27,000,000
Georgia........................................ Cumming....................................... $17,000,000
Dobbins Air Reserve Base...................... $10,400,000
Hawaii......................................... Kalaeloa...................................... $38,000,000
Idaho.......................................... Gowen Field................................... $17,500,000
Mountain Home................................. $6,300,000
Illinois....................................... Springfield................................... $15,000,000
Kansas......................................... Wichita....................................... $67,000,000
Kentucky....................................... Burlington.................................... $19,500,000
Louisiana...................................... Fort Polk..................................... $5,500,000
Minden........................................ $28,000,000
Maryland....................................... St. Inigoes................................... $5,500,000
Massachusetts.................................. Hanscom Air Force Base........................ $23,000,000
Michigan....................................... Camp Grayling Range........................... $19,000,000
Minnesota...................................... Arden Hills................................... $29,000,000
Camp Ripley................................... $8,750,000
Nebraska....................................... Lincoln....................................... $3,300,000
Mead.......................................... $11,400,000
New Hampshire.................................. Pembroke...................................... $36,000,000
New Mexico..................................... Farmington.................................... $8,500,000
North Carolina................................. High Point.................................... $1,551,000
North Dakota................................... Camp Grafton.................................. $11,200,000
Rhode Island................................... East Greenwich................................ $27,000,000
South Dakota................................... Watertown..................................... $25,000,000
Texas.......................................... Camp Maxey.................................... $2,500,000
Camp Swift.................................... $2,600,000
Washington..................................... Tacoma........................................ $25,000,000
West Virginia.................................. Moorefield.................................... $14,200,000
Morgantown.................................... $21,000,000
Wisconsin...................................... Madison....................................... $5,700,000
Wyoming........................................ Laramie....................................... $14,400,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam............................................ Barrigada.................................... $19,000,000
Virgin Islands.................................. St. Croix.................................... $25,000,000
Puerto Rico..................................... Camp Santiago................................ $12,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Army may acquire
real property and carry out military construction projects for the Army
Reserve locations inside the United States, and in the amounts, set
forth in the following table:
[[Page 124 STAT. 4453]]
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Fairfield.................................... $26,000,000
Fort Hunter Liggett.......................... $52,000,000
Florida......................................... North Fort Myers............................. $13,800,000
Orlando...................................... $10,200,000
Tallahasee................................... $10,400,000
Georgia......................................... Macon........................................ $11,400,000
Illinois........................................ Quincy....................................... $12,200,000
Indiana......................................... Michigan City................................ $15,500,000
Iowa............................................ Des Moines................................... $8,175,000
Massachusetts................................... Devens Reserve Forces Training Area.......... $4,700,000
Missouri........................................ Belton....................................... $11,800,000
New Mexico...................................... Las Cruces................................... $11,400,000
New York........................................ Binghamton................................... $13,400,000
Texas........................................... Denton....................................... $12,600,000
Rio Grande................................... $6,100,000
San Marcos................................... $8,500,000
Virginia........................................ Fort A.P. Hill............................... $15,500,000
Fort Story................................... $11,000,000
Roanoke...................................... $14,800,000
Wisconsin....................................... Fort McCoy................................... $19,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy may acquire
real property and carry out military construction projects for the Navy
Reserve and Marine Corps Reserve locations inside the United States, and
in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Marine Corps Base, Twentynine Palms.......... $5,991,000
Louisiana....................................... New Orleans.................................. $16,281,000
Virginia........................................ Williamsburg................................. $21,346,000
Washington...................................... Yakima....................................... $13,844,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Montgomery Regional Airport (ANG)............ $7,472,000
Arizona......................................... Davis Monthan Air Force Base................. $4,650,000
Fort Huachuca................................ $11,000,000
Delaware........................................ New Castle County Airport.................... $1,500,000
Florida......................................... Jacksonville International Airport........... $6,700,000
[[Page 124 STAT. 4454]]
Georgia......................................... Savannah/Hilton Head International Airport... $7,450,000
Hawaii.......................................... Hickam Air Force Base........................ $71,450,000
Illinois........................................ Capital Municipal Airport.................... $16,700,000
Indiana......................................... Hulman Regional Airport...................... $4,100,000
Maryland........................................ Martin State Airport......................... $11,400,000
New York........................................ Fort Drum.................................... $2,500,000
Stewart International Airport................ $14,250,000
North Carolina.................................. Stanly County Airport........................ $2,000,000
Pennsylvania.................................... State College Air National Guard Station..... $4,100,000
Tennessee....................................... Nashville International Airport.............. $5,500,000
Texas........................................... Ellington Field.............................. $7,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(5), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve location inside the United States, and in the
amount, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida......................................... Patrick Air Force Base....................... $3,420,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States, $873,664,000.
(2) For the Department of the Army, for the Army Reserve,
$318,175,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $61,557,000.
(4) For the Department of the Air Force, for the Air
National Guard of the United States, $194,986,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $7,832,000.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
tables in subsection (b), as provided in section 2601 and
[[Page 124 STAT. 4455]]
2604 of that Act, shall remain in effect until October 1, 2011, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2012, whichever is later.
(b) Table.--The tables referred to in subsection (a) are as follows:
Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania........................... East Fallowfield Township. Readiness Center (SBCT)....... $ 8,300,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Vermont................................ Burlington................ Base Security Improvements.... $ 6,600,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $360,474,000, as follows:
(1) For the Department of the Army, $73,600,000.
(2) For the Department of the Navy, $162,000,000.
(3) For the Department of the Air Force, $124,874,000.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base realignment and closure activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and
[[Page 124 STAT. 4456]]
funded through the Department of Defense Base Closure Account 2005
established by section 2906A of such Act, in the amount of
$2,354,285,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $2,354,285,000.
SEC. 2704. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER FORT
BELVOIR, VIRGINIA, BRAC INITIATIVE.
(a) <<NOTE: Deadline.>> Submission of Transportation Plan.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of the Army shall submit to the congressional defense
committees a transportation plan for the BRAC 133 project.
(b) Transportation Plan Conditions.--The transportation plan for the
BRAC 133 project must address ingress and egress of all personnel to and
from the BRAC 133 project site. The transportation plan shall also
assess the costs and programming of short-, medium-, and long-term
projects, and the use of other methods of transportation, that are
necessary to maintain existing level of service, and the proposed
funding source to obtain such levels of service, at the following six
intersections
(1) The intersection of Beauregard Street and Mark Center
Drive.
(2) The intersection of Beauregard Street and Seminary Road.
(3) The intersection of Seminary Road and Mark Center Drive.
(4) The intersection of Seminary Road and the northbound
entrance-ramp to I-395.
(5) The intersection of Seminary Road and the northbound
exit-ramp from I-395.
(6) The intersection of Seminary Road and the southbound
exit-ramp from I-395.
(c) Inspector General Report.--Not later than September 15, 2011,
the Inspector General of the Department of Defense shall submit to the
congressional defense committees a report evaluating the sufficiency and
coordination conducted in completing the requisite environmental studies
associated with the site selection of the BRAC 133 project pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The Inspector General shall give specific attention to the
transportation determinations associated with the BRAC 133 project and
review and provide comment on the transportation plan for the BRAC 133
project and the plan's adherence to the conditions imposed by subsection
(b).
(d) Definitions.--In this section:
(1) The term ``BRAC 133 project'' refers to the proposed
office complex to be developed at an established mixed-use
[[Page 124 STAT. 4457]]
business park in Alexandria, Virginia, to implement
recommendation 133 of the Defense Base Closure and Realignment
Commission contained in the report of the Commission transmitted
to Congress on September 15, 2005, under section 2903(e) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(2) The term ``level of service'' has the meaning given that
term in the most-recent Highway Capacity Manual of the
Transportation Research Board.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for
construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military
construction and real property reports when submitted in
electronic media.
Sec. 2804. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command area of responsibility.
Sec. 2805. Sense of Congress and report regarding employment of veterans
to work on military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special
operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Extension of term of Deputy Secretary of Defense's leadership
of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam
realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.
Subtitle D--Energy Security
Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier,
Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.
Subtitle F--Other Matters
Sec. 2851. Limitation on availability of funds pending report regarding
construction of a new outlying landing field in North
Carolina and Virginia.
Sec. 2852. Requirements related to providing world class military
medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and
modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska
Railroad corridor across Federal land in Alaska.
[[Page 124 STAT. 4458]]
Sec. 2856. Sense of Congress on improving military housing for members
of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing
on military installations.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION INFORMATION ON
INTERNET.
(a) Modification of Information Required to Be Provided.--Paragraph
(2) of subsection (c) of section 2851 of title 10, United States Code,
is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (F) and (G), respectively.
(b) Expanded Availability of Information.--Such subsection is
further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(c) Conforming Amendments.--Such subsection is further amended--
(1) in paragraph (1), by striking ``that, when activated by
a person authorized under paragraph (3), will permit the
person'' and inserting ``that will permit a person''; and
(2) in paragraph (3), as redesignated by subsection (b)(2)--
(A) by striking ``to the persons referred to in
paragraph (3)'' and inserting ``on the Internet site
required by such paragraph''; and
(B) by striking ``to such persons''.
SEC. 2802. USE OF PENTAGON RESERVATION MAINTENANCE REVOLVING FUND
FOR CONSTRUCTION OR ALTERATION AT
PENTAGON RESERVATION.
Section 2674(e) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``Monies'' and inserting
``Subject to paragraphs (3) and (4), monies''; and
(2) by adding at the end the following new paragraphs:
``(3) If the cost of a construction or alteration activity proposed
to be financed in whole or in part using monies from the Fund will
exceed the limitation specified in section 2805 of this title for a
comparable unspecified minor military construction project, the activity
shall be subject to authorization as provided by section 2802 of this
title before monies from the Fund are obligated for the activity.
``(4) <<NOTE: Expiration date.>> The authority of the Secretary to
use monies from the Fund to support construction or alteration
activities at the Pentagon Reservation expires on September 30, 2012.''.
SEC. 2803. REDUCED REPORTING TIME LIMITS FOR CERTAIN MILITARY
CONSTRUCTION AND REAL PROPERTY REPORTS
WHEN SUBMITTED IN ELECTRONIC MEDIA.
(a) Conveyance of Property for Natural Resource Conservation.--
Section 2694a(e) of title 10 United States Code, is amended by inserting
before the period at the end the following: ``or, if earlier, a period
of 14 days has elapsed from the date
[[Page 124 STAT. 4459]]
on which a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title''.
(b) NATO Security Investment Contributions.--Section 2806(c)(2)(B)
of such title <<NOTE: 10 USC 2806.>> is amended by inserting before the
period at the end the following: ``or, if earlier, a period of 14 days
has elapsed from the date on which a copy of the report is provided in
an electronic medium pursuant to section 480 of this title''.
(c) Ford Island Development.--Section 2814(g)(2) of such title is
amended by inserting before the period at the end the following: ``or,
if earlier, a period of 20 days has elapsed from the date on which a
copy of the notification is provided in an electronic medium pursuant to
section 480 of this title''.
(d) Leasing of Military Family Housing.--Section 2828(f)(2) of such
title is amended by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has elapsed from the
date on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title''.
(e) Leasing of Military Family Housing to Be Constructed.--Section
2835(g)(2) of such title is amended--
(1) by striking ``calendar''; and
(2) by inserting before the period at the end the following:
``or, if earlier, a period of 14 days has elapsed from the date
on which a copy of the analysis is provided in an electronic
medium pursuant to section 480 of this title''.
(f) Acquisition or Construction of Military Unaccompanied Housing.--
Section 2881a(e)(2) of such title is amended by inserting before the
period at the end the following: ``or, if earlier, a period of 20 days
has elapsed from the date on which a copy of the report is provided in
an electronic medium pursuant to section 480 of this title''.
(g) Use of Military Construction Alternative Authority.--Section
2884(a)(4) of such title is amended by inserting before the period at
the end the following: ``or, if earlier, a period of 20 days has elapsed
from the date on which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title''.
SEC. 2804. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES CENTRAL COMMAND AREA OF
RESPONSIBILITY.
(a) Inclusion of Area Formerly Within United States Central Command
Area of Responsibility.--Subsection (a) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as amended by subsections (a) and
(b) of section 2806 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2662), is
amended by striking ``United States Central Command area of
responsibility'' and inserting ``area of responsibility of the United
States Central Command or the area of responsibility and area of
interest of Combined Task Force-Horn of Africa''.
(b) Annual Limitation on Use of Authority in Afghanistan.--
Subsection (c)(2) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723), as amended by section 2806(c) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2663), is amended--
[[Page 124 STAT. 4460]]
(1) by striking ``$300,000,000 in funds available for
operation and maintenance for fiscal year 2010 may be used in
Afghanistan upon completing the prenotification requirements
under subsection (b)'' and inserting ``$100,000,000 in funds
available for operation and maintenance for fiscal year 2011 may
be used in Afghanistan subject to the notification requirements
under subsection (b)''; and
(2) by striking ``$500,000,000'' and inserting
``$300,000,000''.
(c) One-year Extension of Authority.--Subsection (h) of section 2808
of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1723), as added by section
2806(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2662), is amended--
(1) in paragraph (1), by striking ``September 30, 2010'' and
inserting ``September 30, 2011''; and
(2) in paragraph (2), by striking ``fiscal year 2011'' and
inserting ``fiscal year 2012''.
(d) Definition.--Section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723) is amended by adding at the end the following new
subsection:
``(i) Definitions.--In this section:
``(1) The term `area of responsibility', with respect to the
Combined Task Force-Horn of Africa, is Kenya, Somalia, Ethiopia,
Sudan, Eritrea, Djibouti, and Seychelles.
``(2) The term `area of interest', with respect to the
Combined Task Force-Horn of Africa, is Yemen, Tanzania,
Mauritius, Madagascar, Mozambique, Burundi, Rwanda, Comoros,
Chad, the Democratic Republic of Congo, and Uganda.''.
SEC. 2805. SENSE OF CONGRESS AND REPORT REGARDING EMPLOYMENT OF
VETERANS TO WORK ON MILITARY
CONSTRUCTION PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should establish a Veterans to Work program to
provide an opportunity for apprentices, who are also veterans, to work
on military construction projects.
(b) Report.--
(1) Report required.--Not later than 180 days after
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that includes at a
minimum the following:
(A) An assessment of the number of unemployed
apprentices, who are also veterans, with data presented
by appropriate age groupings.
(B) An evaluation of benefits to be derived from
establishing a program to employ apprentices, who are
also veterans, in military construction projects,
including the impacts of the program on the following:
(i) Workforce sustainability.
(ii) Workforce skills enhancement.
(iii) Short- and long-term cost-effectiveness.
(iv) Improved veteran employment in
sustainable wage fields.
(C) Any challenges, difficulties, or problems
projected in recruiting apprentices, who are also
veterans.
[[Page 124 STAT. 4461]]
(2) Consultation.--The Secretary of Defense shall prepare
the report in consultation with the Secretary of Labor and the
Secretary of Veterans Affairs.
(c) Definitions.--In this section:
(1) The term ``apprentice'' means an individual who is
employed pursuant to, and individually registered in, a
qualified apprenticeship program.
(2) The term ``qualified apprenticeship program'' means an
apprenticeship or other training program that qualifies as an
employee welfare benefit plan, as defined in section 3(1) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(1)).
(3) The term ``veteran'' has the meaning given such term in
section 101(2) of title 38, United States Code.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL
PROPERTY TRANSACTIONS.
(a) Exception for Leases Under Base Closure Process.--Subsection
(a)(1)(C) of section 2662 of title 10, United States Code, is amended by
inserting after ``United States'' the following: ``(other than a lease
or license entered into under section 2667(g) of this title)''.
(b) Repeal of Annual Report on Minor Real Estate Transactions.--
Subsection (b) of such section is repealed.
(c) Geographic Scope of Requirements.--Subsection (c) of such
section is amended--
(1) by striking ``Geographic Scope; Excepted'' and inserting
``Excepted'';
(2) by striking the first sentence; and
(3) by striking ``It does not'' and inserting ``This section
does not''.
(d) Repeal of Notice and Wait Requirement Regarding GSA Leases of
Space for DOD.--Subsection (e) of such section is repealed.
(e) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--Such section is further amended by
inserting after subsection (a) the following new subsection:
``(b) Additional Reporting Requirements Regarding Leases of Real
Property Owned by the United States.--(1) In the case of a proposed
lease or license of real property owned by the United States covered by
paragraph (1)(C) of subsection (a), the Secretary concerned shall comply
with the notice-and-wait requirements of paragraph (3) of such
subsection before--
``(A) issuing a contract solicitation or other lease
offering with regard to the transaction; and
``(B) providing public notice regarding any meeting to
discuss a proposed contract solicitation with regard to the
transaction.
``(2) The report under paragraph (3) of subsection (a) shall include
the following with regard to a proposed transaction covered by paragraph
(1)(C) of such subsection:
[[Page 124 STAT. 4462]]
``(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) <<NOTE: 10 USC 2662.>> Conforming Amendments.--Such section is
further amended--
(1) in subsection (a)--
[[Page 124 STAT. 4463]]
(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 <<NOTE: 10 USC 2667.>> is
amended--
(1) in subsection (c), by striking paragraph (4);
(2) in subsection (d), by striking paragraph (6);
(3) in subsection (e)(1), by striking subparagraph (E); and
(4) in subsection (h)--
(A) by striking paragraphs (3) and (5); and
(B) by redesignating paragraph (4) as paragraph (3).
SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM LEASES OF NON-
EXCESS PROPERTY INVOLVING MILITARY
MUSEUMS.
Section 2667(e)(1) of title 10, United States Code, as amended by
section 2811(g), is amended by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) If the proceeds deposited in the special account established
for the Secretary concerned are derived from activities associated with
a military museum described in section 489(a) of this title, the
proceeds shall be available for activities described in subparagraph (C)
only at that museum.''.
SEC. 2813. LIMITATION ON ENHANCED USE LEASES OF NON-EXCESS
PROPERTY.
(a) In General.--Section 2667(b)(7) of title 10, United States Code,
is amended by striking the period at the end and inserting ``, or
otherwise commit the Secretary concerned or the Department of Defense to
annual payments in excess of such amount.''.
(b) Armed Forces Retirement Home.--Section 1511(i)(2) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)(2)) is amended--
(1) in subparagraph (D), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) may not provide for a leaseback by the Retirement Home
with an annual payment in excess of $100,000, or otherwise
commit the Retirement Home or the Department of Defense to
annual payments in excess of such amount.''.
[[Page 124 STAT. 4464]]
SEC. 2814. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR SPECIAL
OPERATIONS ACTIVITIES.
(a) Repeal.--Section 2680 of title 10, United States Code, is
repealed.
(b) <<NOTE: 10 USC 2680 note.>> Effect of Repeal.--The amendment
made by subsection (a) shall not affect the validity of any contract
entered into under section 2680 of title 10, United States Code, on or
before September 30, 2005.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of such title is amended by striking the item relating to
section 2680.
SEC. 2815. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, PUERTO
RICO.
(a) Study Required.--At the request of the Commonwealth of Puerto
Rico, the Secretary of Defense shall conduct a study relating to the
presence of unexploded ordnance in a portion of the former bombardment
area at Culebra Island, Puerto Rico, transferred to the Commonwealth of
Puerto Rico by quitclaim deed. The Secretary shall <<NOTE: Deadline.>>
complete the study within 270 days after receiving the request from the
Commonwealth.
(b) Contents of Study.--The study shall include a specific
assessment of Flamenco Beach located within the former bombardment area
and shall include the following elements for each area:
(1) An estimate of the type and amount of unexploded
ordnance.
(2) An estimate of the cost of removing unexploded ordnance.
(3) An examination of the impact of such removal on any
endangered or threatened species and their habitat.
(4) An examination of current public access to the former
bombardment area.
(5) An examination of any threats to public health or safety
and the environment from unexploded ordnance.
(c) Consultation With Commonwealth.--In conducting the study, the
Secretary of Defense shall consult with the Commonwealth of Puerto Rico
regarding the Commonwealth's planned future uses of the former
bombardment area. The Secretary shall consider the Commonwealth's
planned future uses in developing any conclusions or recommendations the
Secretary may include in the study.
(d) Definitions.--In this section:
(1) The term ``quitclaim deed'' refers to the quitclaim deed
from the United States to the Commonwealth of Puerto Rico,
signed by the Secretary of the Interior on August 11, 1982, for
that portion of Tract (1b) consisting of the former bombardment
area on the island of Culebra, Puerto Rico.
(2) The term ``unexploded ordnance'' has the meaning given
that term by section 101(e)(5) of title 10, United States Code.
[[Page 124 STAT. 4465]]
Subtitle C--Provisions Related to Guam Realignment
SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE'S
LEADERSHIP OF GUAM OVERSIGHT COUNCIL.
Subsection (d) of section 132 of title 10, United States Code, as
added by section 2831(a) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2669),
is amended by striking ``September 30, 2015'' and inserting ``September
30, 2020''.
SEC. 2822. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER AND
WASTEWATER TREATMENT SYSTEM ON GUAM.
(a) Conveyance of Utilities.--The Secretary of Defense may convey to
the Guam Waterworks Authority (in this section referred to as the
``Authority'') all right, title, and interest of the United States in
and to the water and wastewater treatment utility systems on Guam,
including the Fena Reservoir, for the purpose of establishing an
integrated water and wastewater treatment system on Guam.
(b) Consideration.--
(1) <<NOTE: Payments.>> 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) <<NOTE: Time period.>> 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.
[[Page 124 STAT. 4466]]
(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) <<NOTE: Contracts.>> New Water Systems.--If the Secretary of
Defense determines to use the authority provided by subsection (a) to
convey the water and wastewater treatment utility systems to the
Authority, the Secretary shall also enter into an agreement with the
Authority, under which the Authority will manage and operate any water
well or wastewater treatment plant that is constructed by the Secretary
of a military department on Guam on or after the date of the enactment
of this Act.
(f) Additional Term and Conditions.--The Secretary of Defense may
require such additional terms and conditions in connection with the
conveyance under this section as the Secretary considers appropriate to
protect the interests of the United States.
(g) Technical Assistance.--
(1) Assistance authorized; reimbursement.--The Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation, may provide technical assistance to the Secretary
of Defense and the Authority regarding the development of plans
for the design, construction, operation, and maintenance of
integrated water and wastewater treatment utility systems on
Guam.
(2) Contracting authority; condition.--The Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, may enter into memoranda of understanding,
cooperative agreements, and other agreements with the Secretary
of Defense to provide technical assistance as described in
paragraph (1) under such terms and conditions as the Secretary
of the Interior and the Secretary of Defense consider
appropriate, except that costs incurred by the Secretary of the
Interior to provide technical assistance under paragraph (1)
shall be covered by the Secretary of Defense.
(3) Report and other assistance.--Not later than one year
after date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Energy and Natural Resources of the Senate a report detailing
the following:
(A) Any technical assistance provided under
paragraph (1) and information pertaining to any
memoranda of understanding, cooperative agreements, and
other agreements entered into pursuant to paragraph (2).
(B) An assessment of water and wastewater systems on
Guam, including cost estimates and budget authority,
including authorities available under the Acts of June
17,
[[Page 124 STAT. 4467]]
1902, and June 12, 1906 (popularly known as the
Reclamation Act; 43 U.S.C. 391) and other authority
available to the Secretary of the Interior, for
financing the design, construction, operation, and
maintenance of such systems.
(C) The needs related to water and wastewater
infrastructure on Guam and the protection of water
resources on Guam identified by the Authority.
SEC. 2823. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT GUAM
REALIGNMENT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the structural integrity of
facilities required to support the realignment of military installations
and the relocation of military personnel on Guam.
(b) Contents of Report.--The report required by subsection (a) shall
contain the following elements:
(1) A threat assessment to the realigned forces, including
natural and manmade threats.
(2) An evaluation of the types of facilities and the
enhanced structural requirements required to deter the threat
assessment specified in paragraph (1).
(3) An assessment of the costs associated with the enhanced
structural requirements specified in paragraph (2).
SEC. 2824. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM.
(a) Report Required.--The Secretary of the Interior shall prepare a
report--
(1) detailing the civilian infrastructure improvements
needed on Guam to directly and indirectly support and sustain
the realignment of military installations and the relocation of
military personnel on Guam; and
(2) identifying, to the maximum extent practical, the
potential funding sources for such improvements from other
Federal departments and agencies and from existing authorities
and funds within the Department of Defense.
(b) Consultation.--The Secretary of the Interior shall prepare the
report required by subsection (a) in consultation with the Secretary of
Defense, the Government of Guam, and the Interagency Group on the
Insular Areas established by Executive Order No. 13537.
(c) Submission.--The Secretary of the Interior shall submit the
report required by subsection (a) to the congressional defense
committees and the Committee on Natural Resources of the House of
Representatives, and the Committee on Energy and Natural Resources of
the Senate not later than 180 days after the date of the enactment of
this Act.
Subtitle D--Energy Security
SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE PRACTICES
IN DEPARTMENT ENERGY PERFORMANCE PLAN.
Section 2911(c) of title 10, United States Code, is amended--
(1) in paragraph (4), by inserting ``and hybrid-electric
drive'' after ``alternative fuels'';
(2) by redesignating paragraph (9) as paragraph (11);
[[Page 124 STAT. 4468]]
(3) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(4) by inserting after paragraph (4) the following new
paragraph:
``(5) Opportunities for the high-performance construction,
lease, operation, and maintenance of buildings.''; and
(5) by inserting after paragraph (9) (as redesignated by
paragraph (3)) the following new paragraph:
``(10) The value of incorporating electric, hybrid-electric,
and high efficiency vehicles into vehicle fleets.''.
SEC. 2832. ENHANCEMENT OF ENERGY SECURITY ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Energy Performance Master Plan.--
(1) Enhancement of energy performance plan to master plan.--
Subsection (b) of section 2911 of title 10, United States Code,
is amended to read as follows:
``(b) Energy Performance Master Plan.--(1) The Secretary of Defense
shall develop a comprehensive master plan for the achievement of the
energy performance goals of the Department of Defense, as set forth in
laws, executive orders, and Department of Defense policies.
``(2) The master plan shall include the following:
``(A) A separate master plan, developed by each military
department and Defense Agency, for the achievement of energy
performance goals.
``(B) The use of a baseline standard for the measurement of
energy consumption by transportation systems, support systems,
utilities, and facilities and infrastructure that is consistent
for all of the military departments.
``(C) A method of measurement of reductions or conservation
in energy consumption that provides for the taking into account
of changes in the current size of fleets, number of facilities,
and overall square footage of facility plants.
``(D) Metrics to track annual progress in meeting energy
performance goals.
``(E) A description of specific requirements, and proposed
investments, in connection with the achievement of energy
performance goals reflected in the budget of the President for
each fiscal year (as submitted to Congress under section 1105(a)
of title 31).
``(3) <<NOTE: Deadline.>> Not later than 30 days after the date on
which the budget of the President is submitted to Congress for a fiscal
year under section 1105(a) of title 31, the Secretary shall submit the
current version of the master plan to Congress.''.
(2) Conforming amendments.--Such section is further amended
by striking ``plan'' each place it appears and inserting
``master plan''.
(3) Section heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 2911. Energy performance goals and master plan for the
Department of Defense''.
(b) Expansion of Facilities for Which Use of Renewable Energy and
Energy Efficient Products Is Required.--
(1) Renewable energy.--Subsection (a) of section 2915 of
title 10, United States Code, is amended--
[[Page 124 STAT. 4469]]
(A) by inserting ``and facility repairs and
renovations'' after ``military family housing
projects)''; and
(B) by striking ``energy performance plan'' and
inserting ``energy performance master plan''.
(2) Consideration in design.--Subsection (b)(1) of such
section is amended <<NOTE: 10 USC 2915.>> by striking ``the
design'' and all that follows and inserting the following: ``the
design for the construction, repair, or renovation of facilities
(including family housing and back-up power generation
facilities) requires consideration of energy systems using solar
energy or other renewable forms of energy when use of a
renewable form of energy--
``(A) is consistent with the energy performance
goals and energy performance master plan for the
Department of Defense developed under section 2911 of
this title; and
``(B) supported by the special considerations
specified in subsection (c) of such section.''.
(3) Energy efficient products.--Subsection (e) of such
section is amended--
(A) by striking the heading and inserting the
following: ``Use of Energy Efficient Products in
Facilities.--'';
(B) in paragraph (1)--
(i) by striking ``new facility construction''
and inserting ``construction, repair, or
renovation of facilities''; and
(ii) by striking ``energy performance plan''
and inserting ``energy performance master plan'';
(C) by redesignating paragraph (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following
new paragraph (2):
``(2) For purposes of this subsection, energy efficient products may
include, at a minimum, the following technologies, consistent with the
products specified in paragraph (3):
``(A) Roof-top solar thermal, photovoltaic, and energy
reducing coating technologies.
``(B) Energy management control and supervisory control and
data acquisition systems.
``(C) Energy efficient heating, ventilation, and air
conditioning systems.
``(D) Thermal windows and insulation systems.
``(E) Electric meters.
``(F) Lighting, equipment, and appliances that are designed
to use less electricity.
``(G) Hybrid vehicle plug-in charging stations.
``(H) Solar-power collecting structures to shade vehicle
parking areas.
``(I) Wall and roof insulation systems and air infiltration-
mitigation systems, such as weatherproofing.''.
(4) Section heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 2915. Facilities: use of renewable forms of energy and
energy efficient products''.
(c) Other Amendments.--
[[Page 124 STAT. 4470]]
(1) Conforming amendment.--Section 2925(a) of title 10,
United States Code, is amended by striking ``energy performance
plan'' each place it appears and inserting ``energy performance
master plan''.
(2) Clerical amendments.--The table of sections at the
beginning of subchapter I of chapter 173 of such title is
amended--
(A) by striking the item relating to section 2911
and inserting the following new item:
``2911. Energy performance goals and master plan for the Department of
Defense.''; and
(B) by striking the item relating to section 2915
and inserting the following new item:
``2915. Facilities: use of renewable forms of energy and energy
efficient products.''.
Subtitle E--Land Conveyances
SEC. 2841. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT (DFSP)
WHITTIER, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army or the
Secretary of the Air Force may convey to the City of Whittier, Alaska
(in this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 62
acres, located at the Defense Fuel Support Point (DFSP) Whittier,
Alaska, that the Secretary making the conveyance considers appropriate
in the public interest.
(b) <<NOTE: Payments.>> Consideration.--As consideration for the
conveyance under subsection (a), the City shall pay to the Secretary
conveying the property an amount that is not less than the fair market
value of the property conveyed, as determined by the Secretary. The
Secretary's determination shall be final. In lieu of all or a portion of
cash payment of consideration, the Secretary may accept in-kind
consideration, including environmental remediation for the property
conveyed.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary conveying property
under subsection (a) shall require the City to reimburse the
Secretary to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation, and
any other administrative costs related to the conveyance. If
amounts are collected in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City of
Whittier.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and
[[Page 124 STAT. 4471]]
subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Compliance With Environmental Laws.--Nothing in this section
shall be construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(e) Treatment of Cash Consideration Received.--Any cash payment
received by the United States as consideration for the conveyance under
subsection (a) shall be deposited in the special account in the Treasury
established under subsection (b) of section 572 of title 40, United
States Code, and shall be available in accordance with paragraph (5)(B)
of such subsection.
(f) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under this
section shall be determined by a survey satisfactory to the Secretary of
the Interior.
(g) Additional Terms and Conditions.--The Secretary making the
conveyance under subsection (a) may require such additional terms and
conditions in connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, FORT KNOX, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Department of Veterans Affairs of the
Commonwealth of Kentucky (in this section referred to as the
``Department'') all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 194 acres at Fort Knox, Kentucky, for the
purpose of permitting the Department to establish and operate a State
veterans home and future expansion of the adjacent State veterans
cemetery for veterans and eligible family members of the Armed Forces.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(c) Payment or Costs of Conveyance.--
(1) In general.--The Secretary shall require the Department
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including costs related to
environmental documentation and other administrative costs. This
paragraph does not apply to costs associated with the
environmental remediation of the property to be conveyed.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts
[[Page 124 STAT. 4472]]
so credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such fund or
account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2843. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST BANK),
NEW ORLEANS, LOUISIANA.
(a) Conveyance Authorized.--Except as provided in subsection (b),
the Secretary of the Navy may convey to the Algiers Development District
all right, title, and interest of the United States in and to the real
property comprising the Naval Support Activity (West Bank), New Orleans,
Louisiana, including--
(1) any improvements and facilities on the real property;
and
(2) available personal property on the real property.
(b) Certain Property Excluded.--The conveyance under subsection (a)
may not include--
(1) the approximately 29-acre area known as the Secured Area
of the real property described in such subsection, which shall
remain subject to the Lease; and
(2) the Quarters A site, which is located at Sanctuary
Drive, as determined by a survey satisfactory to the Secretary
of the Navy.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Navy.
(d) Timing.--The authority provided in subsection (a) may only be
exercised after--
(1) <<NOTE: Determination.>> 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
[[Page 124 STAT. 4473]]
Navy no longer has a continuing requirement for general officers
quarters to be located on the Quarters A site referred to in subsection
(b) or the Department of the Navy elects or offers to transfer, sell,
lease, assign, gift or otherwise convey any or all of the Quarters A
site or any improvements thereon to any third party, the Secretary may
convey to the Algiers Development District the real property containing
the Quarters A site.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance of property under this section, consistent with the Lease, as
the Secretary considers appropriate to protect the interest of the
United States.
(i) Definitions.--In this section:
(1) The term ``Algiers Development District'' means the
Algiers Development District, a local political subdivision of
the State of Louisiana.
(2) The term ``Lease'' means that certain Real Estate Lease
for Naval Support Activity New Orleans, West Bank, New Orleans,
Louisiana, Lease No. N47692-08-RP-08P30, by and between the
United States, acting by and through the Department of the Navy,
and the Algiers Development District dated September 30, 2008.
SEC. 2844. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW FREQUENCY
COMMUNICATIONS PROJECT SITE, REPUBLIC,
MICHIGAN.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to Humboldt Township in Marquette County,
Michigan, all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon, in
Republic, Michigan, consisting of approximately seven acres and formerly
used as an Extremely Low Frequency communications project site, for the
purpose of permitting the Township to use the property for public
benefit.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2845. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER,
WILMINGTON, NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the North Carolina State Port Authority of Wilmington, North Carolina
(in this section referred to as the ``Port Authority''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 3.03 acres and known as the Marine Forces Reserve Center
in Wilmington, North Carolina, for the purpose of permitting the Port
Authority to use the parcel for development of a port facility and for
other public purposes.
(b) Inclusion of Personal Property.--The Secretary of the Navy may
include as part of the conveyance under subsection (a) personal property
of the Navy at the Marine Forces Reserve Center that the Secretary of
Transportation recommends is appropriate for the development or
operation of the port facility and
[[Page 124 STAT. 4474]]
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) <<NOTE: Regulations. Determination.>> 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. <<NOTE: Payments.>> If the Secretary
determines that the Port Authority fails to qualify for a public
benefit conveyance, but still desires to acquire the property,
the Port Authority shall pay to the United States an amount
equal to the fair market value of the property to be conveyed.
The fair market value of the property shall be determined by the
Secretary.
(2) Lease.--The Secretary of the Navy may accept as
consideration for a lease of the property under subsection (c)
an amount that is less than fair market value if the Secretary
determines that the public interest will be served as a result
of the lease.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Navy and the
Port Authority. The cost of such survey shall be borne by the Port
Authority.
(f) Additional Terms.--The Secretary of the Navy may require such
additional terms and conditions in connection with the conveyance as the
Secretary considers appropriate to protect the interests of the United
States.
Subtitle F--Other Matters
SEC. 2851. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT
REGARDING CONSTRUCTION OF A NEW OUTLYING
LANDING FIELD IN NORTH CAROLINA AND
VIRGINIA.
(a) Findings.--Congress makes the following findings:
(1) The Navy has studied the feasibility and potential
locations of a new outlying landing field on the East Coast
since 2001.
(2) Since January 2008, the Navy has studied five potential
sites in North Carolina and Virginia, whose communities have
expressed opposition. Some local governments where the sites
under consideration are located have taken formal action in
opposition by resolution or correspondence to the Navy and
congressional officials.
(b) Limitation on Funds Pending Report.--
(1) In general.--The Secretary of the Navy may not obligate
or expend funds for the study or development of a new outlying
landing field in North Carolina or Virginia after fiscal year
2011 until the Secretary has provided the congressional defense
committees a report on the Navy's efforts with respect to the
outlying landing field.
[[Page 124 STAT. 4475]]
(2) Elements of report.--The report required under paragraph
(1) shall include the following:
(A) A description of the actual training
requirements and completed training events involving
Fleet Carrier Landing Practice operations at Naval Air
Station Oceana and Naval Auxiliary Landing Field
Fentress for the previous 10 years, to include
statistics for the current fiscal year.
(B) An assessment of the aviation training
requirements and completed aviation training events
conducted on all existing Navy outlying landing fields
and installations located in North Carolina and
Virginia, to include statistics for the current fiscal
year.
(C) An assessment of the suitability of all Naval
installations in North Carolina and Virginia to conduct
Fleet Carrier Landing Practice operations, including
necessary facility modifications and requirements to de-
conflict with current operations at each installation.
(D) A description of the estimated funding necessary
to construct a new outlying landing field at each of the
five sites under current consideration, and a cost
comparison analysis between construction of a new
outlying landing field versus use of an existing
facility.
(E) A description of all completed or pending
environmental studies conducted on any of the five sites
currently under consideration, including the
methodology, conclusions, and recommendations.
(F) Criteria for the basing of the Joint Strike
Fighter F-35 aircraft and a description of the outlying
landing field facilities that will be required to
support its training requirements.
SEC. 2852. <<NOTE: 10 USC 2802 note.>> REQUIREMENTS RELATED TO
PROVIDING WORLD CLASS MILITARY MEDICAL
CENTERS.
(a) Unified Construction Standard for Military Construction and
Repairs to Military Medical Centers.--Not later <<NOTE: Deadline.>>
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall establish a unified construction standard for military
construction and repairs for military medical centers that provides a
single standard of care. This standard shall also include--
(1) size standards for operating rooms and patient recovery
rooms; and
(2) such other construction standards that the Secretary
considers necessary to support military medical centers.
(b) Independent Review Panel.--
(1) Establishment; purpose.--The Secretary of Defense shall
establish an independent advisory panel for the purpose of--
(A) reviewing the unified construction standards
established pursuant to subsection (a) to determine the
standards consistency with industry practices and
benchmarks for world class medical construction;
(B) reviewing ongoing construction programs within
the Department of Defense to ensure medical construction
standards are uniformly applied across applicable
military medical centers;
[[Page 124 STAT. 4476]]
(C) assessing the approach of the Department of
Defense approach to planning and programming facility
improvements with specific emphasis on--
(i) facility selection criteria and
proportional assessment system; and
(ii) facility programming responsibilities
between the Assistant Secretary of Defense for
Health Affairs and the Secretaries of the military
departments;
(D) assessing whether the Comprehensive Master Plan
for the National Capital Region Medical, dated April
2010, is adequate to fulfill statutory requirements, as
required by section 2714 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2656), to ensure that the
facilities and organizational structure described in the
plan result in world class military medical centers in
the National Capital Region; and
(E) <<NOTE: Recommenda- tions.>> making
recommendations regarding any adjustments of the master
plan referred to in subparagraph (D) that are needed to
ensure the provision of world class military medical
centers and delivery system in the National Capital
Region.
(2) Members.--
(A) Appointments by secretary.--The panel shall be
composed of such members as determined by the Secretary
of Defense, except that the Secretary shall include as
members--
(i) medical facility design experts;
(ii) military healthcare professionals;
(iii) representatives of premier health care
centers in the United States; and
(iv) former retired senior military officers
with joint operational and budgetary experience.
(B) Congressional appointments.--The chairmen and
ranking members of the Committees on the Armed Services
of the Senate and House of Representatives may each
designate one member of the panel.
(C) Term.--Members of the panel may serve on the
panel until the termination date specified in paragraph
(7).
(D) Compensation.--While performing duties on behalf
of the panel, a member and any adviser referred to in
paragraph (4) shall be reimbursed under Government
travel regulations for necessary travel expenses.
(3) <<NOTE: Deadlines.>> Meetings.--The panel shall meet
not less than quarterly. The panel or its members may make other
visits to military treatment centers and military headquarters
in connection with the duties of the panel.
(4) Staff and advisors.--The Secretary of Defense shall
provide necessary administrative staff support to the panel. The
panel may call in advisers for consultation.
(5) Reports.--
(A) Initial report.--Not later than 120 days after
the first meeting of the panel, the panel shall submit
to the Secretary of Defense a written report
containing--
[[Page 124 STAT. 4477]]
(i) an assessment of the adequacy of the plan
of the Department of Defense to address the items
specified in subparagraphs (A) through (E) of
paragraph (1) relating to the purposes of the
panel; and
(ii) the recommendations of the panel to
improve the plan.
(B) Additional reports.--Not later than February 1,
2011, and each February 1 thereafter until termination
of the panel, the panel shall submit to the Secretary of
Defense a report on the findings and recommendations of
the panel to address any deficiencies identified by the
panel.
(6) <<NOTE: Deadline. Reports.>> Assessment of
recommendations.--Not later than 30 days after the date of the
submission of each report under paragraph (5), the Secretary of
Defense shall submit to the congressional defense committees a
report including--
(A) a copy of the panel's assessment;
(B) an assessment by the Secretary of the findings
and recommendations of the panel; and
(C) the plans of the Secretary for addressing such
findings and recommendations.
(7) Termination.--The panel shall terminate on September 30,
2015.
(c) Definitions.--In this section:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of
title 10, United States Code.
(2) World class military medical center.--The term ``world
class military medical center'' has the meaning given the term
``world class military medical facility'' by the National
Capital Region Base Realignment and Closure Health Systems
Advisory Subcommittee of the Defense Health Board in appendix B
of the report titled ``Achieving World Class--An Independent
Review of the Design Plans for the Walter Reed National Military
Medical Center and the Fort Belvoir Community Hospital'' and
published in May 2009, as required by section 2721 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4716).
SEC. 2853. REPORT ON FUEL INFRASTRUCTURE SUSTAINMENT, RESTORATION,
AND MODERNIZATION REQUIREMENTS.
Not later than 270 days after the date of the enactment of this Act,
the Director of the Defense Logistics Agency shall submit to the
congressional defense committees a report on the fuel infrastructure of
the Department of Defense. The report shall include the following:
(1) Fiscal projections for fuel infrastructure sustainment,
restoration, and modernization requirements to fully meet
Department of Defense sustainment models and industry
recapitalization practices.
(2) An assessment of the risk associated with not providing
adequate funding to support such fuel infrastructure
sustainment, restoration, and modernization requirements.
(3) An assessment of fuel infrastructure real property
deficiencies impacting the ability of the Defense Logistics
Agency to fully support mission requirements.
[[Page 124 STAT. 4478]]
(4) An assessment of environmental liabilities associated
with current fueling operations.
(5) A list of real property previously used to support fuel
infrastructure and an assessment of the environmental
liabilities associated with such real property and whether any
of such real property can be declared excess to the needs of the
Department of Defense.
(6) An assessment of the real property demarcation between
the Secretaries of the military departments and the Defense
Logistics Agency.
SEC. 2854. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN,
CONNECTICUT.
The <<NOTE: Designation.>> newly constructed Armed Forces Reserve
Center in Middletown, Connecticut, shall be known and designated as the
``Major General Maurice Rose Armed Forces Reserve Center''. Any
reference in a law, map, regulation, document, paper, or other record of
the United States to such Armed Forces Reserve Center shall be deemed to
be a reference to the Major General Maurice Rose Armed Forces Reserve
Center.
SEC. 2855. SENSE OF CONGRESS ON PROPOSED EXTENSION OF THE ALASKA
RAILROAD CORRIDOR ACROSS FEDERAL LAND IN
ALASKA.
(a) Finding.--Congress finds that the Alaska Railroad proposes the
extension of its railroad corridor over approximately 950 acres of land
located south and east of North Pole, Alaska, including lands located
near or adjacent to the Chena River spillway, Eielson Air Force Base,
Tanana Flats Training Area (Fort Wainwright), Donnelly Training Area
(Fort Wainwright), and Fort Greely.
(b) Sense of Congress.--It is the sense of Congress that the
Department of the Army and the Department of the Air Force should
explore means of accommodating the railroad corridor expansion referred
to in subsection (a) using existing authorities that will not adversely
impact military missions, operations, and training.
SEC. 2856. SENSE OF CONGRESS ON IMPROVING MILITARY HOUSING FOR
MEMBERS OF THE AIR FORCE.
(a) Finding.--Congress makes the following findings:
(1) In the mid-1990s, the Department of Defense became
concerned that inadequate and poor quality housing for members
of the Armed Forces was adversely affecting the quality of life
for members and their families and adversely affecting military
readiness by contributing to decisions by members to leave the
Armed Forces.
(2) At that time, the Department of Defense designated about
180,000 houses, or nearly two-thirds of its domestic family
housing inventory, as inadequate and needing repair or complete
replacement.
(3) The Department of Defense believed that it would need
about $20,000,000,000 in appropriated funds and would take up to
40 years to eliminate poor quality military housing through new
construction or renovation using its traditional military
construction approach.
(4) In 1996, Congress enacted the Military Housing
Privatization Initiative to provide the Department of Defense
with a variety of authorities to obtain private sector financing
[[Page 124 STAT. 4479]]
and management for the repair, renovation, construction, and
management of military family housing.
(5) The Air Force has used the Military Housing
Privatization Initiative to award 27 projects at 44 military
bases to improve over 37,000 homes.
(6) The Air Force has received $7,100,000,000 in total
development investment from the private sector for new housing
with a taxpayer contribution of approximately $425,000,000,
representing a 15 to 1 leveraging of taxpayer dollars.
(7) The Air Force, like the other military services, has
been able to leverage varying conditions of housing at military
bases into fiscally viable projects by packaging housing
inventories at multiple bases into a single transaction.
(8) Congress has approved transactions involving the
packaging of multiple bases as a critical tool to maximize the
efficient use of taxpayer funds.
(9) Congress supports the goal of the Air Force to complete
transactions for the repair, renovation, construction, and
management of 100 percent of their military family housing
inventory in the United States by December 31, 2012.
(10) The Air Force currently has 6 project solicitations
prepared for open competition at 22 Air Force installations to
improve over 15,000 homes.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force should use existing authority to carry out
solicitations for the 6 military housing projects involving the
packaging of 22 bases consistent with the goal of improving 15,000 homes
for Air Force personnel and their families by December 31, 2012.
SEC. 2857. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND
FISHING ON MILITARY INSTALLATIONS.
It is the sense of the Congress that--
(1) military installations that permit public access for
recreational hunting and fishing should continue to permit such
hunting and fishing where appropriate;
(2) permitting the public to access military installations
for recreational hunting and fishing benefits local communities
by conserving and promoting the outdoors and establishing
positive relations between the civilian and defense sectors;
(3) any military installations that make recreational
hunting and fishing permits available for purchase should
provide a discounted rate for active and retired members of the
Armed Forces and veterans with disabilities; and
(4) the Department of Defense, all of the service branches,
and military installations that permit public access for
recreational hunting and fishing should promote access to such
installations by making the appropriate accommodations for
members of the Armed Forces and veterans with disabilities.
[[Page 124 STAT. 4480]]
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Outside the United States.--The Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base................................ $270,000,000
Delaram II..................................... $4,400,000
Dwyer.......................................... $74,100,000
Frontenac...................................... $8,400,000
Kandahar....................................... $80,400,000
Maywand........................................ $7,000,000
Shank.......................................... $98,300,000
Sharana........................................ $12,400,000
Shindand....................................... $6,100,000
Tarin Kowt..................................... $29,600,000
Tombstone/Bastion.............................. $112,600,000
Various locations.............................. $100,000,000
Wolverine...................................... $13,000,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$816,300,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $78,350,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $79,716,000.
(4) Oversight.--For the Department of Defense Inspector
General, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $7,000,000.
[[Page 124 STAT. 4481]]
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECT.
(a) Outside the United States.--The Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Oman........................................... Al Musannah.................................... $69,000,000
Qatar.......................................... Al Udeid....................................... $63,000,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$132,000,000.
(2) Unspecified minor military construction projects.--For
unspecified minor military construction projects authorized by
section 2805 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2010, in the total amount of $49,584,000.
(3) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2010, in the total
amount of $13,422,000.
SEC. 2903. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND
ACQUISITION PROJECTS AND AUTHORIZATION
OF APPROPRIATIONS.
(a) Outside the United States.--The Secretary of Defense may acquire
real property and carry out military construction projects for the
Defense Agencies for the installations or locations outside the United
States, and in the amounts, set forth in the following table:
Defense Wide: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Classified Location............................ Classified Project............................. $41,900,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) Outside the united states.--For military construction
projects outside the United States authorized by subsection (a),
funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, in the total amount of
$41,900,000.
(2) Architectural and engineering services and construction
design.--For architectural and engineering services and
construction design authorized by section 2807 of title 10,
United States Code, funds are hereby authorized
[[Page 124 STAT. 4482]]
to be appropriated for fiscal years beginning after September
30, 2010, in the total amount of $4,600,000.
TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES
Sec. 3001. Military construction.
Sec. 3002. Overseas contingency operations.
SEC. 3001. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 3001. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Fort Rucker Aviation Component 29,000 29,000
Maintenance Shop.
Army Fort Rucker Aviation Maintenance 36,000 36,000
Facility.
Army Fort Rucker Training Aids Center........ 4,650 4,650
Alaska
Army Fort Greely Fire Station................ 26,000 26,000
Army Fort Richardson Brigade Complex, Ph 1....... 67,038 67,038
Army Fort Richardson Multipurpose Machine Gun 12,200 12,200
Range.
Army Fort Richardson Simulations Center.......... 34,000 34,000
Army Fort Wainwright Aviation Task Force Complex, 30,000 0
Ph 1 Incr 2.
Army Fort Wainwright Aviation Task Force Complex, 142,650 142,650
Ph 2A (Hangar).
Army Fort Wainwright Aviation Task Force Complex, 27,000 27,000
Ph 2B (Company Ops
Facility).
Army Fort Wainwright Urban Assault Course........ 3,350 3,350
California
Army Fort Irwin Water Treatment and Distro 0 0
System.
Army Presidio Monterey Advanced Individual Training 63,000 63,000
Barracks.
Army Presidio Monterey General Instruction Building 39,000 39,000
Army Presidio Monterey Satellite Communications 38,000 38,000
Facility.
Colorado
Army Fort Carson Automated Sniper Field Fire 3,650 3,650
Range.
Army Fort Carson Battalion Headquarters...... 6,700 6,700
Army Fort Carson Brigade Complex............. 56,000 56,000
Army Fort Carson Simulations Center.......... 40,000 40,000
Florida
Army Eglin Ab Chapel...................... 6,900 6,900
Army Miami-Dade County Command & Control Facility.. 41,000 41,000
Army US Army Garrison Miami Commissary.................. 19,000 0
Georgia
Army Fort Benning Land Acquisition............ 12,200 12,200
Army Fort Benning Museum Operations Support 32,000 0
Building.
Army Fort Benning Trainee Barracks, Ph 2...... 51,000 51,000
Army Fort Benning Training Battalion Complex, 14,600 14,600
Ph 2.
Army Fort Benning Training Battalion Complex, 14,600 14,600
Ph 2.
Army Fort Benning Vehicle Maintenance Shop.... 53,000 53,000
Army Fort Gordon Qualification Training Range 0 0
Army Fort Gordon Training Aids Center........ 4,150 4,150
Army Fort Stewart Automated Infantry Platoon 6,200 6,200
Battle Course.
Army Fort Stewart Automated Multipurpose 9,100 9,100
Machine Gun Range.
Army Fort Stewart Aviation Unit Operations 47,000 47,000
Complex.
Army Fort Stewart Battalion Complex........... 18,000 18,000
Army Fort Stewart General Instruction Building 8,200 8,200
Army Fort Stewart Modified Record Fire Range.. 3,750 3,750
Army Fort Stewart Simulations Center.......... 26,000 26,000
Army Fort Stewart Training Aids Center........ 7,000 7,000
[[Page 124 STAT. 4483]]
Hawaii
Army Fort Shafter Command & Control Facility, 58,000 58,000
Ph 1.
Army Fort Shafter Flood Mitigation............ 23,000 23,000
Army Schofield Barracks Barracks.................... 98,000 98,000
Army Schofield Barracks Barracks.................... 90,000 90,000
Army Schofield Barracks Training Aids Center........ 24,000 24,000
Army Tripler Army Medical Barracks.................... 28,000 28,000
Center
Kansas
Army Fort Leavenworth Vehicle Maintenance Shop.... 7,100 7,100
Army Fort Riley Automated Infantry Squad 4,100 4,100
Battle Course.
Army Fort Riley Automated Qualification/ 14,800 14,800
Training Range.
Army Fort Riley Battalion Complex, Ph 1..... 31,000 31,000
Army Fort Riley Known Distance Range........ 7,200 7,200
Kentucky
Army Fort Campbell Automated Sniper Field Fire 1,500 1,500
Range.
Army Fort Campbell Brigade Complex............. 67,000 67,000
Army Fort Campbell Company Operations 25,000 25,000
Facilities.
Army Fort Campbell Infantry Squad Battle Course 0 0
Army Fort Campbell Rappelling Training Area.... 5,600 5,600
Army Fort Campbell Shoot House................. 0 0
Army Fort Campbell Unit Operations Facilities.. 26,000 26,000
Army Fort Campbell Urban Assault Course........ 3,300 3,300
Army Fort Campbell Vehicle Maintenance Shop.... 15,500 15,500
Army Fort Knox Access Corridor Improvements 6,000 6,000
Army Fort Knox Military Operation Urban 12,800 12,800
Terrain Collective Training
Facility.
Army Fort Knox Rail Head Upgrade........... 0 0
Louisiana
Army Fort Polk Barracks.................... 29,000 29,000
Army Fort Polk Emergency Services Center... 0 0
Army Fort Polk Heavy Sniper Range.......... 4,250 4,250
Army Fort Polk Land Acquisition............ 24,000 24,000
Army Fort Polk Land Acquisition............ 6,000 6,000
Maryland
Army Aberdeen Proving Ground Auto Tech Evaluate Facility, 14,600 14,600
Ph 2.
Army Fort Meade Indoor Firing Range......... 7,600 7,600
Army Fort Meade Wideband SATCOM Operations 25,000 25,000
Center.
Missouri
Army Fort Leonard Wood Barracks.................... 29,000 29,000
Army Fort Leonard Wood Brigade Headquarters........ 12,200 12,200
Army Fort Leonard Wood General Instruction Building 7,000 7,000
Army Fort Leonard Wood Information Systems Facility 15,500 15,500
Army Fort Leonard Wood Training Barracks........... 19,000 19,000
Army Fort Leonard Wood Transient Advanced Trainee 29,000 29,000
Barracks, Ph 2.
New Mexico
Army White Sands Barracks.................... 29,000 29,000
New York
Army Fort Drum Aircraft Fuel Storage 14,600 14,600
Complex.
Army Fort Drum Aircraft Maintenance Hangar. 16,500 16,500
Army Fort Drum Alert Holding Area Facility. 0 0
Army Fort Drum Battalion Complex........... 61,000 61,000
Army Fort Drum Brigade Complex, Ph 1....... 55,000 55,000
Army Fort Drum Infantry Squad Battle Course 8,200 8,200
Army Fort Drum Railhead Loading Area....... 0 0
Army Fort Drum Training Aids Center........ 18,500 18,500
Army Fort Drum Transient Training Barracks. 55,000 55,000
Army U.S. Military Academy Science Facility, Ph 2...... 130,624 130,624
[[Page 124 STAT. 4484]]
Army U.S. Military Academy Urban Assault Course........ 1,700 1,700
North Carolina
Army Fort Bragg Battalion Complex........... 33,000 33,000
Army Fort Bragg Brigade Complex............. 41,000 41,000
Army Fort Bragg Brigade Complex............. 25,000 25,000
Army Fort Bragg Brigade Complex............. 50,000 50,000
Army Fort Bragg Command and Control Facility 53,000 53,000
Army Fort Bragg Company Operations 12,600 12,600
Facilities.
Army Fort Bragg Dining Facility............. 11,200 11,200
Army Fort Bragg Murchison Road Right of Way 17,000 17,000
Acquisition.
Army Fort Bragg Staging Area Complex........ 14,600 14,600
Army Fort Bragg Student Barracks............ 18,000 18,000
Army Fort Bragg Vehicle Maintenance Shop.... 7,500 7,500
Army Fort Bragg Vehicle Maintenance Shop.... 28,000 28,000
Oklahoma
Army Fort Sill General Purpose Storage 13,800 13,800
Building.
Army Fort Sill Museum Operations Support 12,800 0
Building.
Army McAlester Igloo Storage, Depot Level.. 3,000 3,000
South Carolina
Army Fort Jackson Trainee Barracks............ 28,000 28,000
Army Fort Jackson Trainee Barracks Complex, Ph 46,000 46,000
1.
Army Fort Jackson Training Aids Center........ 17,000 17,000
Texas
Army Corpus Christi NAS Rotor Blade Processing 0 0
Facility, Ph 2.
Army Fort Bliss Automated Multipurpose 6,700 6,700
Machine Gun Range.
Army Fort Bliss Company Operations 18,500 18,500
Facilities.
Army Fort Bliss Digital Multipurpose 22,000 22,000
Training Range.
Army Fort Bliss Heavy Sniper Range.......... 3,500 3,500
Army Fort Bliss Indoor Swimming Pool........ 15,500 15,500
Army Fort Bliss Light Demolition Range...... 2,100 2,100
Army Fort Bliss Live Fire Exercise 3,150 3,150
Shoothouse.
Army Fort Bliss Scout/Reconnaissance Crew 15,500 15,500
Engagement Gunnery Complex.
Army Fort Bliss Squad Defense Range......... 3,000 3,000
Army Fort Bliss Theater High Altitude Area 17,500 17,500
Defense Battery Complex.
Army Fort Bliss Transient Training Complex.. 31,000 31,000
Army Fort Bliss Urban Assault Course........ 2,800 2,800
Army Fort Bliss Vehicle Bridge Overpass..... 8,700 8,700
Army Fort Hood Battalion Complex........... 40,000 40,000
Army Fort Hood Brigade Complex............. 38,000 38,000
Army Fort Hood Company Operations 4,300 4,300
Facilities.
Army Fort Hood Convoy Live Fire............ 3,200 3,200
Army Fort Hood Live Fire Exercise 2,100 2,100
Shoothouse.
Army Fort Hood Soldier Readiness Processing 0 0
Center.
Army Fort Hood Unmanned Aerial System 55,000 55,000
Hangar.
Army Fort Hood Urban Assault Course........ 2,450 2,450
Army Fort Sam Houston Simulations Center.......... 16,000 16,000
Army Fort Sam Houston Training Aids Center........ 6,200 6,200
Virginia
Army Fort A.P. Hill 1200 Meter Range............ 14,500 14,500
Army Fort A.P. Hill Indoor Firing Range......... 6,200 6,200
Army Fort A.P. Hill Known Distance Range........ 3,800 3,800
Army Fort A.P. Hill Light Demolition Range...... 4,100 4,100
Army Fort A.P. Hill Military Operation Urban 65,000 65,000
Terrain Collective Training
Facility.
Army Fort Eustis Warrior in Transition 18,000 18,000
Complex.
Army Fort Lee Automated Qualification 7,700 7,700
Training Range.
Army Fort Lee Company Operations Facility. 4,900 4,900
Army Fort Lee Museum Operations Support 30,000 0
Building.
Army Fort Lee Training Aids Center........ 5,800 5,800
Washington
Army Fort Lewis Barracks.................... 47,000 47,000
Army Fort Lewis Barracks Complex............ 40,000 40,000
[[Page 124 STAT. 4485]]
Army Fort Lewis Rappelling Training Area.... 5,300 5,300
Army Fort Lewis Regional Logistic Support 63,000 63,000
Complex.
Army Fort Lewis Regional Logistic Support 16,500 16,500
Complex Warehouse.
Army Yakima Sniper Field Fire Range..... 3,750 3,750
Afghanistan
Army Bagram AB Army Aviation HQ Facilities. 19,000 19,000
Army Bagram AB Barracks.................... 18,000 18,000
Army Bagram AB Consolidated Community 14,800 14,800
Support Area.
Army Bagram AB Eastside Electrical 10,400 10,400
Distribution.
Army Bagram AB Eastside Utilities 29,000 29,000
Infrastructure.
Army Bagram AB Entry Control Point......... 7,500 7,500
Army Bagram AB Joint Defense Operations 2,800 2,800
Center.
Germany
Army Ansbach Physical Fitness Center..... 13,800 13,800
Army Ansbach Vehicle Maintenance Shop.... 18,000 18,000
Army Grafenwoehr Barracks.................... 20,000 20,000
Army Grafenwoehr Barracks.................... 19,000 19,000
Army Grafenwoehr Barracks.................... 19,000 19,000
Army Grafenwoehr Barracks.................... 17,500 17,500
Army Rhine Ordnance Barracks Barracks Complex............ 35,000 35,000
Army Sembach AB Confinement Facility........ 9,100 9,100
Army Wiesbaden AB Command and Battle Center, 59,500 59,500
Incr 2.
Army Wiesbaden AB Construct New Access Control 5,100 5,100
Point.
Army Wiesbaden AB Information Processing 30,400 30,400
Center.
Army Wiesbaden AB Sensitive Compartmented 91,000 91,000
Information Facility.
Honduras
Army Soto Cano AB Barracks.................... 20,400 20,400
Italy
Army Vicenza Brigade Complex--Barracks/ 26,000 26,000
Community, Incr 4.
Army Vicenza Brigade Complex--Operations 25,000 25,000
Support Facility, Incr 4.
Korea
Army Camp Walker Electrical System Upgrade & 19,500 19,500
Natural Gas System.
Unspecified
Army Troop Trainee Housing Training Barracks........... 0 0
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support FY 11... 28,000 28,000
Locations
Army Unspecified Worldwide Minor Construction FY 11.... 23,000 23,000
Locations
Army Unspecified Worldwide Planning and Design FY 11... 221,636 221,636
Locations
Total Military Construction, Army 4,078,798 3,954,998
.........................
.......................
Alabama
Navy Mobile T-6 Outlying Landing Field.. 29,082 29,082
Arizona
Navy Yuma Aircraft Maintenance Hangar. 40,600 40,600
Navy Yuma Aircraft Maintenance Hangar. 63,280 63,280
Navy Yuma Communications 63,730 63,730
Infrastructure Upgrade.
Navy Yuma Intermediate Maintenance 21,480 21,480
Activity Facility.
Navy Yuma Simulator Facility.......... 36,060 36,060
Navy Yuma Utilities Infrastructure 44,320 44,320
Upgrades.
Navy Yuma Van Pad Complex Relocation.. 15,590 15,590
California
Navy Camp Pendleton Bachelor Enlisted Quarters-- 42,864 42,864
13 Area.
Navy Camp Pendleton Bachelor Enlisted Quarters-- 37,020 37,020
Las Flores.
[[Page 124 STAT. 4486]]
Navy Camp Pendleton Center for Naval Aviation 66,110 66,110
Technical Training/Fleet
Replacement Squadron--
Aviation Training and
Bachelor Enlisted Quarters.
Navy Camp Pendleton Conveyance/Water Treatment.. 100,700 100,700
Navy Camp Pendleton Marine Aviation Logistics 48,230 48,230
Squadron-39 Maintenance
Hangar Expansion.
Navy Camp Pendleton Marine Corps Energy 9,950 9,950
Initiative.
Navy Camp Pendleton North Region Tert Treat 30,000 30,000
Plant (Incremented).
Navy Camp Pendleton Small Arms Magazine--Edson 3,760 3,760
Range.
Navy Camp Pendleton Truck Company Operations 53,490 53,490
Complex.
Navy Coronado Maritime Expeditionary 0 0
Security Group- One (Mesg-
1) Consolidated Boat
Maintenance Facility.
Navy Coronado Rotary Hangar............... 67,160 67,160
Navy Miramar Aircraft Maintenance Hangar. 90,490 90,490
Navy Miramar Hangar 4.................... 33,620 33,620
Navy Miramar Parking Apron/Taxiway 66,500 66,500
Expansion.
Navy Monterey NSA International Academic 0 0
Instruction Building.
Navy San Diego Bachelor Enlisted Quarters, 75,342 75,342
Homeport Ashore.
Navy San Diego Berthing Pier 12 Replace & 108,414 108,414
Dredging, Ph 1.
Navy San Diego Marine Corps Energy 9,950 9,950
Initiative.
Navy Twentynine Palms Bachelor Enlisted Quarters & 53,158 53,158
Parking Structure.
Connecticut
Navy New London NSB Submarine Group 2 0 0
Headquarters.
Florida
Navy Blount Island Consolidated Warehouse 17,260 17,260
Facility.
Navy Blount Island Container Staging and 5,990 5,990
Loading Lot.
Navy Blount Island Container Storage Lot....... 4,910 4,910
Navy Blount Island Hardstand Extension......... 17,930 17,930
Navy Blount Island Paint and Blast Facility.... 18,840 18,840
Navy Blount Island Washrack Expansion.......... 9,690 9,690
Navy Panama City NSA Land Acquisition............ 0 0
Navy Panama City NSA Purchase 9 Acres............ 0 0
Navy Tampa Joint Comms Support Element 2,300 0
Vehicle Paint Facility.
Georgia
Navy Albany MCLB Maintenance Center Test 0 0
Firing Range.
Navy Kings Bay Security Enclave & Vehicle 45,004 45,004
Barriers.
Navy Kings Bay Waterfront Emergency Power.. 15,660 15,660
Hawaii
Navy Camp Smith Physical Fitness Center..... 29,960 29,960
Navy Kaneohe Bay Bachelor Enlisted Quarters.. 90,530 90,530
Navy Kaneohe Bay Waterfront Operations 19,130 19,130
Facility.
Navy Pacific Missile Range Replace North Loop 0 0
Facility Electrical Distribution
System.
Navy Pearl Harbor Center for Disaster Mgt/ 9,140 9,140
Humanitarian Assistance.
Navy Pearl Harbor Fire Station, West Loch..... 0 0
Navy Pearl Harbor Joint Pow/Mia Accounting 99,328 99,328
Command.
Navy Pearl Harbor Pre-Fab Bridge Nohili Ditch. 0 0
Navy Pearl Harbor Welding School Shop 0 0
Consolidation.
Maine
Navy Portsmouth NSY Consolidation of Structural 0 0
Shops.
Navy Portsmouth NSY Structural Shops Addition, 0 0
Ph 1.
Maryland
Navy Indian Head Advanced Energetics Research 0 0
Lab Complex Phase 2.
Navy Indian Head Agile Chemical Facility, Ph 34,238 34,238
2.
Navy Patuxent River Atlantic Test Range Addition 0 0
Navy Patuxent River Broad Area Maritime 42,211 42,211
Surveillance & E Facility.
[[Page 124 STAT. 4487]]
Mississippi
Navy Gulfport Branch Health Clinic........ 0 0
North Carolina
Navy Camp Lejeune 2nd Intel Battalion 90,270 90,270
Maintenance/Ops Complex.
Navy Camp Lejeune Armory- II Mef--Wallace 12,280 12,280
Creek.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 42,330 42,330
Courthouse Bay.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 40,780 40,780
Courthouse Bay.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 43,640 43,640
French Creek.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 55,350 55,350
Rifle Range.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 51,660 51,660
Wallace Creek.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 46,290 46,290
Wallace Creek North.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 46,550 46,550
Camp Johnson.
Navy Camp Lejeune Explosive Ordnanance 7,420 7,420
Disposal Unit Addition--2nd
Marine Logistics Group.
Navy Camp Lejeune Hangar...................... 73,010 73,010
Navy Camp Lejeune Maintenance Hangar.......... 74,260 74,260
Navy Camp Lejeune Maintenance/Ops Complex--2nd 36,100 36,100
Air Naval Gunfire Liaison
Company.
Navy Camp Lejeune Marine Corps Energy 9,950 9,950
Initiative.
Navy Camp Lejeune Mess Hall--French Creek..... 25,960 25,960
Navy Camp Lejeune Mess Hall Addition-- 2,553 2,553
Courthouse Bay.
Navy Camp Lejeune Motor Transportation/ 18,470 18,470
Communications Maintenance
Facility.
Navy Camp Lejeune Utility Expansion--Hadnot 56,470 56,470
Point.
Navy Camp Lejeune Utility Expansion--French 56,050 56,050
Creek.
Navy Cherry Point Marine Bachelor Enlisted Quarters.. 42,500 42,500
Corps Air Station
Navy Cherry Point Marine Mariners Bay Land 3,790 3,790
Corps Air Station Acquisition--Bogue.
Navy Cherry Point Marine Missile Magazine............ 13,420 13,420
Corps Air Station
Navy Cherry Point Marine Station Infrastructure 5,800 5,800
Corps Air Station Upgrades.
Pennsylvania
Navy Naval Support Activity North Gate Security 0 0
Mechanicsburg Improvements.
Navy Naval Support Activity Quiet Propulsion Load House. 0 0
Mechanicsburg
Rhode Island
Navy Newport Electromagnetic Facility.... 27,007 27,007
Navy Newport Gate Improvements........... 0 0
Navy Newport Submarine Payloads 0 0
Integration Laboratory.
South Carolina
Navy Beaufort Air Installation Compatable 21,190 21,190
Use Zone Land Acquisition.
Navy Beaufort Aircraft Hangar............. 46,550 46,550
Navy Beaufort Physical Fitness Center..... 15,430 15,430
Navy Beaufort Training and Simulator 46,240 46,240
Facility.
Texas
Navy Kingsville NAS Youth Center................ 0 0
Virginia
Navy Dahlgren Building 1200--Missile 0 0
Support Facility
Replacement Phase 1.
[[Page 124 STAT. 4488]]
Navy Norfolk Pier 9 & 10 Upgrades for Ddg 2,400 2,400
1000.
Navy Norfolk Pier 1 Upgrades to Berth 10,035 10,035
Usns Comfort.
Navy Portsmouth Ship Repair Pier 100,000 100,000
Replacement, Incr 2.
Navy Quantico Academic Facility Addition-- 12,080 12,080
Staff Non Comissioned
Officer Academy.
Navy Quantico Bachelor Enlisted Quarters.. 37,810 37,810
Navy Quantico Research Center Addition-- 37,920 37,920
MCU.
Navy Quantico Student Officer Quarters-- 55,822 55,822
the Basic School.
Washington
Navy Bangor Commander Submarine 16,170 16,170
Development Squadron 5
Laboratory Expansion Ph1.
Navy Bangor Limited Area Emergency Power 15,810 15,810
Navy Bangor Waterfront Restricted Area 24,913 24,913
Emergency Power.
Navy Naval Base Kitsap Charleston Gate Ecp 0 0
Improvements.
Navy Naval Base Kitsap Limited Area Product/Strg 19,116 19,116
Complex (Incremented).
Bahrain Island
Navy SW Asia Navy Central Command 89,280 89,280
Ammunition Magazines.
Navy SW Asia Operations and Support 60,002 60,002
Facilities.
Navy SW Asia Waterfront Development, Ph 3 63,871 63,871
Guam
Navy Guam Anderson AFB North Ramp 93,588 0
Parking, Ph 1, Inc 2.
Navy Guam Anderson AFB North Ramp 79,350 0
Utilities, Ph 1, Inc 2.
Navy Guam Apra Harbor Wharves 40,000 40,000
Improvements, Ph 1.
Navy Guam Defense Access Roads 66,730 66,730
Improvements.
Navy Guam Finegayan Site Prep and 147,210 0
Utilities.
Japan
Navy Atsugi MH-60r/S Trainer Facility... 6,908 6,908
Spain
Navy Rota Air Traffic Control Tower... 23,190 23,190
Djibouti
Navy Camp Lemonier Camp Lemonier HQ Facility... 12,407 0
Navy Camp Lemonier General Warehouse........... 7,324 7,324
Navy Camp Lemonier Horn of Africa Joint 28,076 0
Operations Center.
Navy Camp Lemonier Pave External Roads......... 3,824 3,824
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design......... 120,050 120,050
Locations
Navy Unspecified Worldwide Unspecified Minor 20,877 20,877
Locations Construction.
Total Military Construction, Navy 3,879,104 3,516,173
.........................
.......................
Alabama
AF Maxwell AFB Adal Air University Library. 13,400 13,400
Alaska
AF Eielson AFB Repair Central Heat Plant & 28,000 28,000
Power Plant Boilers.
AF Elmendorf AFB Add/Alter Air Support 4,749 4,749
Operations Squadron
Training.
AF Elmendorf AFB Construct Railhead 15,000 15,000
Operations Facility.
AF Elmendorf AFB Dod Joint Regional Fire 0 0
Training Facility.
AF Elmendorf AFB F-22 Add/Alter Weapons 10,525 10,525
Release Systems Shop.
Arizona
AF Davis-Monthan AFB Aerospace Maintenance and 25,000 25,000
Regeneration Group Hangar.
AF Davis-Monthan AFB HC-130 Aerospace Ground 4,600 4,600
Equipment Maintenance
Facility.
[[Page 124 STAT. 4489]]
AF Davis-Monthan AFB HC-130J Aerial Cargo 10,700 10,700
Facility.
AF Davis-Monthan AFB HC-130J Parts Store......... 8,200 8,200
AF Fort Huachuca Total Force Integration- 11,000 0
Predator Launch and
Recovery Element Beddown.
AF Luke AFB F-35 Academic Training 0 54,150
Center.
AF Luke AFB F-35 Squadron Operations 0 10,260
Facility.
California
AF Edwards AFB Flightline Fire Station..... 0 0
AF Los Angeles AFB Consolidated Parking Area, 0 0
Ph 2.
Colorado
AF Buckley AFB Land Acquisition............ 0 0
AF Buckley AFB Security Forces Operations 12,160 12,160
Facility.
AF Peterson AFB Rapid Attack Identification 24,800 24,800
Detection Repair System
Space Control Facility.
AF U.S. Air Force Academy Const Center for Character & 27,600 27,600
Leadership Development.
Delaware
AF Dover AFB C-5M/C-17 Maintenance 3,200 3,200
Training Facility, Ph 2.
District of Columbia
AF Bolling AFB Joint Air Defense Operations 13,200 13,200
Center.
Florida
AF Eglin AFB F-35 Fuel Cell Maintenance 11,400 11,400
Hangar.
AF Hurlburt Field Adal Special Operations 6,170 6,170
School Facility.
AF Hurlburt Field Add to Visiting Quarters (24 4,500 4,500
Rm).
AF Hurlburt Field Base Logistics Facility..... 24,000 24,000
AF Patrick AFB Air Force Technical 158,009 158,009
Application Center.
AF Patrick AFB Relocate Main Gate.......... 0 0
Georgia
AF Robins AFB 54th Combat Communications 0 0
Squadron Warehouse
Facility, Ph 2.
Louisiana
AF Barksdale AFB Weapons Load Crew Training 18,140 18,140
Facility.
Missouri
AF Whiteman AFB Consolidated Air Ops 0 0
Facility.
Montana
AF Malmstrom AFB Physical Fitness Center, 0 0
Phase II.
Nebraska
AF Offutt AFB Kenney/Bellevue Gates....... 0 0
Nevada
AF Creech AFB UAS Airfield Fire/Crash 11,710 11,710
Rescue Station.
AF Nellis AFB Communication Network 0 0
Control Center.
AF Nellis AFB F-35 Add/Alter 422 Test 7,870 7,870
Evaluation Squadron
Facility.
AF Nellis AFB F-35 Add/Alter Flight Test 1,900 1,900
Instrumentation Facility.
AF Nellis AFB F-35 Flight Simulator 13,110 13,110
Facility.
AF Nellis AFB F-35 Maintenance Hangar..... 28,760 28,760
New Jersey
AF McGuire AFB Base Ops/Command Post 8,000 8,000
Facility (TFI).
AF McGuire AFB Dormitory (120 Rm).......... 18,440 18,440
New Mexico
AF Cannon AFB Dormitory (96 Rm)........... 14,000 14,000
AF Cannon AFB Family Support Center....... 0 0
AF Cannon AFB UAS Squadron Ops Facility... 20,000 20,000
AF Holloman AFB Parallel Taxiway, Runway 07/ 0 0
25.
AF Holloman AFB UAS Add/Alter Maintenance 15,470 15,470
Hangar.
AF Holloman AFB UAS Maintenance Hangar...... 22,500 22,500
AF Kirtland AFB Aerial Delivery Facility 3,800 3,800
Addition.
AF Kirtland AFB Armament Shop............... 6,460 6,460
AF Kirtland AFB H/MC-130 Fuel System 14,142 14,142
Maintenance Facility.
AF Kirtland AFB Military Working Dog 0 0
Facility.
AF Kirtland AFB Replace Fire Station 3...... 0 0
New York
[[Page 124 STAT. 4490]]
AF Fort Drum 20th Air Support Operations 20,440 20,440
Squadron Complex.
North Carolina
AF Pope AFB Crash/Fire/Rescue Station... 0 0
North Dakota
AF Grand Forks AFB Central Deployment Center... 0 0
AF Minot AFB Control Tower/Base 18,770 18,770
Operations Facility.
Oklahoma
AF Tinker AFB Air Traffic Control Tower... 0 0
AF Tinker AFB Upgrade Building 3001 14,000 14,000
Infrastructure, Ph 3.
South Carolina
AF Charleston AFB Civil Engineer Complex 15,000 15,000
(TFI)--Ph 1.
South Dakota
AF Ellsworth AFB Maintenance Training 0 0
Facility.
Texas
AF Dyess AFB C-130J Add/Alter Flight 4,080 4,080
Simulator Facility.
AF Ellington Field Upgrade Unmanned Aerial 7,000 0
Vehicle Maintenance Hangar.
AF Lackland AFB Basic Military Training 32,000 32,000
Satellite Classroom/Dining
Facility No 2.
AF Lackland AFB One-Company Fire Station.... 5,500 5,500
AF Lackland AFB Recruit Dormitory, Ph 3..... 67,980 67,980
AF Lackland AFB Recruit/Family Inprocessing 21,800 21,800
& Info Center.
AF Laughlin AFB Community Event Complex..... 0 0
AF Randolph AFB Fire Crash Rescue Station... 0 0
Utah
AF Hill AFB Consolidated Transportation 0 0
Facilities, Phase I.
AF Hill AFB F-22 T-10 Engine Test Cell.. 2,800 2,800
AF Hill AFB F-35 Add/Alt Building 118 0 3,600
for Flight Simulator.
AF Hill AFB F-35 Add/Alt Hangar 45W/AMU. 0 6,500
AF Hill AFB F-35A Modular Storage 0 2,000
Magazine.
Virginia
AF Langley AFB F-22 Add/Alter Hangar Bay Lo/ 8,800 8,800
Cr Facility.
Washington
AF Fairchild AFB Precision Measurement 0 0
Equipment Laboratory (Pmel)
Facility.
AF Mcchord AFB Chapel Center............... 0 0
Wyoming
AF Camp Guernsey Nuclear/Space Security 4,650 4,650
Tactics Training Center.
Afghanistan
AF Bagram AFB Consolidated Rigging 9,900 9,900
Facility.
AF Bagram AFB Fighter Hangar.............. 16,480 16,480
AF Bagram AFB Medevac Ramp Expansion/Fire 16,580 16,580
Station.
Bahrain Island
AF SW Asia North Apron Expansion....... 45,000 45,000
Germany
AF Kapaun Dormitory (128 Rm).......... 19,600 19,600
AF Ramstein AB Construct C-130J Flight 8,800 8,800
Simulator Facility.
AF Ramstein AB Deicing Fluid Storage & 2,754 2,754
Dispensing Facility.
AF Ramstein AB Unmanned Aerial System 10,800 10,800
Satellite Communication
Relay Pads & Facility.
AF Vilseck Air Support Operations 12,900 12,900
Squadron Complex.
Guam
AF Andersen AFB Combat Communications 9,200 9,200
Operations Facility.
AF Andersen AFB Commando Warrior Open Bay 11,800 11,800
Student Barracks.
[[Page 124 STAT. 4491]]
AF Andersen AFB Guam Strike Ops Group & 9,100 9,100
Tanker Task Force.
AF Andersen AFB Guam Strike South Ramp 12,200 12,200
Utilities, Ph 1.
AF Andersen AFB Red Horse Headquarters/ 8,000 8,000
Engineering Facility.
Italy
AF Aviano AFB Air Support Operations 10,200 10,200
Squadron Facility.
AF Aviano AFB Dormitory (144 Rm).......... 19,000 19,000
Korea
AF Kunsan AFB Construct Distributed 7,500 7,500
Mission Training Flight
Simulator Facility.
Qatar
AF Al Udeid Blatchford-Preston Complex 62,300 62,300
Ph 3.
United Kingdom
AF Royal Air Force Extend Taxiway Alpha........ 15,000 15,000
Mildenhall
Worldwide Unspecified
AF Unspecified Worldwide F-35 Academic Training 54,150 0
Locations Center.
AF Unspecified Worldwide F-35 Flight Simulator 12,190 0
Locations Facility.
AF Unspecified Worldwide Planning & Design........... 66,336 66,336
Locations
AF Unspecified Worldwide Unspecified Minor 18,000 18,000
Locations Construction--FY11.
AF Various Worldwide F-35 Squadron Operations 10,260 0
Locations Facility.
Total Military Construction, Air Force 1,311,385 1,293,295
.........................
.......................
Arizona
Def-Wide Marana Special Operations Forces 0 0
Parachute Training Facility.
Def-Wide Yuma Special Operations Forces 8,977 8,977
Military Free Fall
Simulator.
California
Def-Wide Point Loma Annex Replce Storage Facility, 20,000 20,000
Incr 3.
Def-Wide Point Mugu Aircraft Direct Fueling 3,100 3,100
Station.
Colorado
Def-Wide Fort Carson Special Operations Forces 3,717 3,717
Tactical Unmanned Aerial
Vehicle Hangar.
District of Columbia
Def-Wide Bolling AFB Replace Parking Structure, 3,000 3,000
Ph 1.
Florida
Def-Wide Eglin AFB Special Operations Forces 6,030 6,030
Ground Support Battalion
Detachment.
Georgia
Def-Wide Augusta National Security Agency/ 12,855 12,855
Central Security Service
Georgia Training Facility.
Def-Wide Fort Benning Dexter Elementary School 2,800 2,800
Construct Gym.
Def-Wide Fort Benning Special Operations Forces 20,441 20,441
Company Support Facility.
Def-Wide Fort Benning Special Operations Forces 3,624 3,624
Military Working Dog Kennel
Complex.
Def-Wide Fort Stewart Health Clinic Addtion/ 35,100 35,100
Alteration.
Def-Wide Hunter Angs Fuel Unload Facility........ 2,400 2,400
Def-Wide Hunter Army Airfield Special Operations Forces 3,318 3,318
Tactical Equipment
Maintenance Facility
Expansion.
Hawaii
Def-Wide Hickam AFB Alter Fuel Storage Tanks.... 8,500 8,500
Def-Wide Pearl Harbor Naval Special Warfare Group 28,804 28,804
3 Command and Operations
Facility.
Idaho
Def-Wide Mountain Home AFB Replace Fuel Storage Tanks.. 27,500 27,500
Illinois
[[Page 124 STAT. 4492]]
Def-Wide Scott Air Force Base Field Command Facility 1,388 1,388
Upgrade.
Kentucky
Def-Wide Fort Campbell Landgraf Hangar Addition, 0 0
160th Soar.
Def-Wide Fort Campbell Special Operations Forces 38,095 38,095
Battalion Ops Complex.
Maryland
Def-Wide Aberdeen Proving Ground US Army Medical Research 105,000 105,000
Institue of Infectious
Diseases Replacement, Inc 3.
Def-Wide Andrews AFB Replace Fuel Storage & 14,000 14,000
Distribution Facility.
Def-Wide Bethesda Naval Hospital National Naval Medical 17,100 17,100
Center Parking Expansion.
Def-Wide Bethesda Naval Hospital Transient Wounded Warrior 62,900 62,900
Lodging.
Def-Wide Fort Detrick Consolidated Logistics 23,100 23,100
Facility.
Def-Wide Fort Detrick Information Services 4,300 4,300
Facility Expansion.
Def-Wide Fort Detrick National Interagency 2,700 2,700
Biodefense Campus Security
Fencing and Equipment.
Def-Wide Fort Detrick Supplemental Water Storage.. 3,700 3,700
Def-Wide Fort Detrick US Army Medical Research 17,400 17,400
Institue of Infectious
Diseases--Stage I, Inc 5.
Def-Wide Fort Detrick Water Treatment Plant Repair 11,900 11,900
& Supplement.
Def-Wide Fort Meade North Campus Utility Plant, 219,360 219,360
Incr 1.
Massachusetts
Def-Wide Hanscom AFB Mental Health Clinic 2,900 2,900
Addition.
Mississippi
Def-Wide Stennis Space Center SOF Western Maneuver Area 0 0
(Phase II).
Def-Wide Stennis Space Center SOF Western Maneuver Area 0 0
(Phase III).
Def-Wide Stennis Space Center Special Operations Forces 0 0
Land Acquisition, Ph 3.
New Mexico
Def-Wide Cannon AFB Special Operations Forces 13,287 13,287
Add/Alt Simulator Facility
for MC-130.
Def-Wide Cannon AFB Special Operations Forces 12,636 12,636
Aircraft Parking Apron (MC-
130J).
Def-Wide Cannon AFB Special Operations Forces C- 26,006 26,006
130 Parking Apron Phase I.
Def-Wide Cannon AFB Special Operations Forces 24,622 24,622
Hangar/AMU (MC-130J).
Def-Wide Cannon AFB Special Operations Forces 39,674 39,674
Operations and Training
Complex.
Def-Wide White Sands Health and Dental Clinics... 22,900 22,900
New York
Def-Wide U.S. Military Academy West Point MS Add/Alt....... 27,960 27,960
North Carolina
Def-Wide Camp Lejeune Tarawa Terrace I Elementry 16,646 16,646
School Replace School.
Def-Wide Fort Bragg Mcnair Elementry School-- 23,086 23,086
Replace School.
Def-Wide Fort Bragg Murray Elementry School-- 22,000 22,000
Replace School.
Def-Wide Fort Bragg SOF Baffle Containment for 0 0
Range 19C.
Def-Wide Fort Bragg SOF Medical Support Addition 0 0
Def-Wide Fort Bragg Special Operations Forces 10,347 10,347
Admin/Company Operations.
Def-Wide Fort Bragg Special Operations Forces C4 41,000 41,000
Facility.
Def-Wide Fort Bragg Special Operations Forces 32,000 32,000
Joint Intelligence Brigade
Facility.
Def-Wide Fort Bragg Special Operations Forces 11,000 11,000
Operational Communications
Facility.
Def-Wide Fort Bragg Special Operations Forces 15,795 15,795
Operations Additions.
[[Page 124 STAT. 4493]]
Def-Wide Fort Bragg Special Operations Forces 13,465 13,465
Operations Support Facility.
Ohio
Def-Wide Columbus Replace Public Safety 7,400 7,400
Facility.
Pennsylvania
Def-Wide Def Distribution Depot Replace Headquarters 96,000 96,000
New Cumberland Facility.
Texas
Def-Wide Fort Bliss Hospital Replacement, Incr 2 147,100 147,100
Def-Wide Lackland AFB Ambulatory Care Center, Ph 2 162,500 162,500
Utah
Def-Wide Camp Williams Comprehensive National 398,358 398,358
Cybersecurity Initiative
Data Center Increment 2.
Virginia
Def-Wide Craney Island Replace Fuel Pier........... 58,000 58,000
Def-Wide Fort Belvoir Dental Clinic Replacement... 6,300 6,300
Def-Wide Pentagon Pentagon Metro & Corridor 8 6,473 6,473
Screening Facility.
Def-Wide Pentagon Power Plant Modernization, 51,928 51,928
Ph 3.
Def-Wide Pentagon Secure Access Lane-Remote 4,923 4,923
Vehicle Screening.
Def-Wide Quantico New Consolidated Elemetary 47,355 47,355
School.
Washington
Def-Wide Fort Lewis Preventive Medicine Facility 8,400 8,400
Def-Wide Fort Lewis Special Operations Forces 0 0
Military Working Dogs
Kennel.
Belgium
Def-Wide Brussels NATO Headquarters Facility.. 31,863 31,863
Def-Wide Brussels Replace Shape Middle School/ 67,311 67,311
High School.
Germany
Def-Wide Katterbach Health/Dental Clinic 37,100 37,100
Replacement.
Def-Wide Panzer Kaserne Replace Boeblingen High 48,968 48,968
School.
Def-Wide Vilseck Health Clinic Add/Alt....... 34,800 34,800
Guam
Def-Wide Agana NAS Hospital Replacement, Incr 2 70,000 0
Japan
Def-Wide Kadena AB Install Fuel Filters- 3,000 3,000
Separators.
Def-Wide Misawa AB Hydrant Fuel System......... 31,000 31,000
Korea
Def-Wide Camp Carroll Health/Dental Clinic 19,500 19,500
Replacement.
Qatar
Def-Wide Al Udeid Qatar Warehouse............. 1,961 1,961
Puerto Rico
Def-Wide Fort Buchanan Antilles Elementry School/ 58,708 58,708
Intermediate School--
Replace School.
United Kingdom
Def-Wide Menwith Hill Station Menwith Hill Station PSC 2,000 2,000
Construction--Generators 10
& 11.
Def-Wide Royal Air Force Alconbury Elementry School 30,308 30,308
Alconbury Replacement.
Def-Wide Royal Air Force Replace Hydrant Fuel 15,900 15,900
Mildenhall Distribution System.
Various Locations
Def-Wide Unspecified Worldwide General Reduction........... 0 0
Locations
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction.... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Energy Conservation 120,000 120,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Planning and Design (DODEA). 79,763 79,763
Locations
Def-Wide Unspecified Worldwide Planning and Design (DSS)... 1,988 1,988
Locations
[[Page 124 STAT. 4494]]
Def-Wide Unspecified Worldwide Planning and Design (NSA)... 28,239 28,239
Locations
Def-Wide Unspecified Worldwide Planning and Design (SOCOM). 30,836 30,836
Locations
Def-Wide Unspecified Worldwide Planning and Design (TMA)... 230,300 230,300
Locations
Def-Wide Unspecified Worldwide Planning and Design 54,221 54,221
Locations (Undistributed).
Def-Wide Unspecified Worldwide Planning and Design (WHS)... 6,270 6,270
Locations
Def-Wide Unspecified Worldwide Planning and Design-ECIP.... 0 0
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 13,841 13,841
Locations Construction (DODEA).
Def-Wide Unspecified Worldwide Unspecified Minor 8,210 8,210
Locations Construction (JCS).
Def-Wide Unspecified Worldwide Unspecified Minor 4,884 4,884
Locations Construction (TMA).
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction
(Undistributed).
Def-Wide Various Worldwide Unspecified Minor 5,258 5,258
Locations Construction (DLA).
Def-Wide Various Worldwide Unspecified Minor 7,663 7,663
Locations Construction (SOCOM).
Total Military Construction, Defense-Wide 3,118,062 3,048,062
.........................
.......................
Colorado
Chem Demil Pueblo Depot Ammunition Demilitarization 65,569 65,569
Facility, Ph 12.
Kentucky
Chem Demil Blue Grass Army Depot Ammunition Demilitarization 59,402 59,402
Ph 11.
Total Chemical Demilitarization Construction, Defense 124,971 124,971
.........................
.......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 258,884 258,884
Investment Program Program.
Total NATO Security Investment Program 258,884 258,884
.........................
.......................
Alabama
Army NG Fort Mcclellan Live Fire Shoot House....... 0 0
Arizona
Army NG Florence Readiness Center............ 16,500 16,500
Arkansas
Army NG Camp Robinson Combined Support Maintenance 30,000 30,000
Shop.
Army NG Fort Chaffee Combined Arms Collective 19,000 19,000
Training Facility.
Army NG Fort Chaffee Convoy Live Fire/Entry 0 0
Control Point Range.
Army NG Fort Chaffee Live Fire Shoot House....... 2,500 2,500
California
Army NG Camp Roberts Combined Arms Collective 19,000 19,000
Training Facility.
Colorado
Army NG Colorado Springs Readiness Center............ 20,000 20,000
Army NG Fort Carson Regional Training Institute. 40,000 40,000
Army NG Gypsum High Altitude Army Aviation 39,000 39,000
Training Site/Army Aviation
Support Facility.
Army NG Watkins Parachute Maintenance 0 0
Facility.
Army NG Windsor Readiness Center............ 7,500 7,500
Connecticut
Army NG Windsor Locks Readiness Center (Aviation). 41,000 41,000
[[Page 124 STAT. 4495]]
Delaware
Army NG New Castle Armed Forces Reserve 27,000 27,000
Center(JFHQ).
Georgia
Army NG Cumming Readiness Center............ 17,000 17,000
Army NG Dobbins ARB Readiness Center Add/Alt.... 10,400 10,400
Hawaii
Army NG Kalaeloa Combined Support Maintenance 38,000 38,000
Shop.
Idaho
Army NG Gowen Field Barracks (Operational 17,500 17,500
Readiness Training Complex)
Ph1.
Army NG Mountain Home Tactical Unmanned Aircraft 6,300 6,300
System Facility.
Illinois
Army NG Marseilles TA Simulation Center........... 0 0
Army NG Springfield Combined Support Maintenance 15,000 15,000
Shop Add/Alt.
Iowa
Army NG Camp Dodge Combined Arms Collective 0 0
Training Facility.
Kansas
Army NG Topeka Army Aviation Taxiway, Parking Ramps and 0 0
Support Facility Hanger Alterations.
Army NG Wichita Field Maintenance Shop...... 24,000 24,000
Army NG Wichita Readiness Center............ 43,000 43,000
Kentucky
Army NG Burlington Readiness Center............ 19,500 19,500
Louisiana
Army NG Fort Polk Tactical Unmanned Aircraft 5,500 5,500
System Facility.
Army NG Minden Readiness Center............ 28,000 28,000
Maryland
Army NG St. Inigoes Tactical Unmanned Aircraft 5,500 5,500
System Facility.
Massachusetts
Army NG Hanscom AFB Armed Forces Reserve 23,000 23,000
Center(JFHQ)Ph2.
Michigan
Army NG Camp Grayling Range Barracks Replacement, Phase 0 0
Ii.
Army NG Camp Grayling Range Combined Arms Collective 19,000 19,000
Training Facility.
Army NG Camp Grayling Range Light Demolition Range...... 0 0
Minnesota
Army NG Arden Hills Field Maintenance Shop...... 29,000 29,000
Army NG Camp Ripley Infantry Squad Battle Course 4,300 4,300
Army NG Camp Ripley Tactical Unmanned Aircraft 4,450 4,450
System Facility.
Missouri
Army NG Fort Leonard Wood Regional Training Institute. 0 0
Nebraska
Army NG Lincoln Readiness Center Add/Alt.... 3,300 3,300
Army NG Mead Readiness Center............ 11,400 11,400
Nevada
Army NG Las Vegas Cst Ready Building.......... 0 0
Army NG Nevada National Guard Las Vegas Field Maintenance 0 0
Shop.
New Hampshire
Army NG Pembroke Barracks Facility (Regional 15,000 15,000
Training Institute).
Army NG Pembroke Classroom Facility (Regional 21,000 21,000
Training Institute).
New Mexico
Army NG Farmington Readiness Center Add/Alt.... 8,500 8,500
New York
Army NG Ronkonkoma Flightline Rehabilitation... 0 0
[[Page 124 STAT. 4496]]
North Carolina
Army NG High Point Readiness Center Add/Alt.... 1,551 1,551
Army NG Morrisville Aasf 1 Fixed Wing Aircraft 0 0
Hangar Annex.
North Dakota
Army NG Camp Grafton Readiness Center Add/Alt.... 11,200 11,200
Ohio
Army NG Camp Sherman Maintenance Building Add/Alt 0 0
Rhode Island
Army NG East Greenwich United States Property & 27,000 27,000
Fiscal Office.
Army NG Middletown Readiness Center Add/Alt.... 0 0
South Dakota
Army NG Watertown Readiness Center............ 25,000 25,000
Texas
Army NG Camp Maxey Combat Pistol/Military 2,500 2,500
Pistol Qualification Course.
Army NG Camp Swift Urban Assault Course........ 2,600 2,600
Washington
Army NG Tacoma Combined Support Maintenance 25,000 25,000
Shop.
West Virginia
Army NG Moorefield Readiness Center............ 14,200 14,200
Army NG Morgantown Readiness Center............ 21,000 21,000
Wisconsin
Army NG Madison Aircraft Parking............ 5,700 5,700
Army NG Wausau Field Maintenance Shop...... 0 0
Wyoming
Army NG Laramie Field Maintenance Shop...... 14,400 14,400
Guam
Army NG Barrigada Combined Support Maint Shop 19,000 19,000
Ph1.
Puerto Rico
Army NG Camp Santiago Live Fire Shoot House....... 3,100 3,100
Army NG Camp Santiago Multipurpose Machine Gun 9,200 9,200
Range.
Virgin Islands
Army NG St. Croix Readiness Center (JFHQ)..... 25,000 25,000
Unspecified
Army NG Varlocs Varlocs..................... 0 0
Worldwide Unspecified
Army NG Unspecified Worldwide Planning & Design........... 25,663 25,663
Locations
Army NG Unspecified Worldwide Unspecified Minor 11,400 11,400
Locations Construction.
Total Military Construction, Army National Guard 873,664 873,664
.........................
.......................
California
Army Res Fairfield Army Reserve Center......... 26,000 26,000
Army Res Fort Hunter Liggett Equipment Concentration Site 22,000 22,000
Tactical Equipment Maint
Facility.
Army Res Fort Hunter Liggett Equipment Concentration Site 15,000 15,000
Warehouse.
Army Res Fort Hunter Liggett Grenade Launcher Range...... 1,400 1,400
Army Res Fort Hunter Liggett Hand Grenade Familiarization 1,400 1,400
Range (Live).
Army Res Fort Hunter Liggett Light Demolition Range...... 2,700 2,700
Army Res Fort Hunter Liggett Tactical Vehicle Wash Rack.. 9,500 9,500
Florida
Army Res North Fort Myers Army Reserve Center/Land.... 13,800 13,800
Army Res Orlando Army Reserve Center/Land.... 10,200 10,200
Army Res Tallahassee Army Reserve Center/Land.... 10,400 10,400
Georgia
Army Res Macon Army Reserve Center/Land.... 11,400 11,400
Illinois
Army Res Quincy Army Reserve Center/Land.... 12,200 12,200
[[Page 124 STAT. 4497]]
Army Res Rockford Usarc Army Reserve Center......... 0 0
Indiana
Army Res Michigan City Army Reserve Center/Land.... 15,500 15,500
Iowa
Army Res Des Moines Army Reserve Center......... 8,175 8,175
Massachusetts
Army Res Devens Reserve Forces Automated Record Fire Range. 4,700 4,700
Training Area
Missouri
Army Res Belton Army Reserve Center......... 11,800 11,800
New Jersey
Army Res Fort Dix Automated Multipurpose 0 0
Machine Gun Range.
New Mexico
Army Res Las Cruces Army Reserve Center/Land.... 11,400 11,400
New York
Army Res Binghamton Army Reserve Center/Land.... 13,400 13,400
Texas
Army Res Denton Army Reserve Center/Land.... 12,600 12,600
Army Res Fort Hood Army Reserve Center......... 0 0
Army Res Rio Grande Army Reserve Center/Land.... 6,100 6,100
Army Res San Marcos Army Reserve Center/Land.... 8,500 8,500
Virginia
Army Res Fort A.P. Hill Army Reserve Center......... 15,500 15,500
Army Res Fort Story Army Reserve Center......... 11,000 11,000
Army Res Roanoke Army Reserve Center/Land.... 14,800 14,800
Wisconsin
Army Res Fort Mccoy AT/MOB Billeting Complex, Ph 9,800 9,800
1.
Army Res Fort Mccoy Nco Academy, Ph 2........... 10,000 10,000
Unspecified
Army Res Varlocs Varlocs..................... 0 0
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design......... 25,900 25,900
Locations
Army Res Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Total Military Construction, Army Reserve 318,175 318,175
.........................
.......................
California
N/MC Res Twentynine Palms Tank Vehicle Maintenance 5,991 5,991
Facility.
Louisiana
N/MC Res New Orleans Joint Air Traffic Control 16,281 16,281
Facility.
Virginia
N/MC Res Williamsburg Navy Ordnance Cargo 21,346 21,346
Logistics Training Camp.
Washington
N/MC Res Yakima Marine Corps Reserve Center. 13,844 13,844
Unspecified
N/MC Res Varlocs Varlocs..................... 0 0
N/MC Res Varlocs Varlocs..................... 0 0
Worldwide Unspecified
N/MC Res Unspecified Worldwide Mcnr Unspecified Minor 2,238 2,238
Locations Construction.
N/MC Res Unspecified Worldwide Planning and Design......... 1,857 1,857
Locations
Total Military Construction, Naval Reserve 61,557 61,557
.........................
.......................
Alabama
Air NG Montgomery Regional Fuel Cell and Corrosion 7,472 7,472
Airport (ANG) Base Control Hangar.
[[Page 124 STAT. 4498]]
Air NG Montgomery Regional Replace Squad Ops Facility.. 0 0
Airport (ANG) Base
Alaska
Air NG Eielson AFB Add/Alter Communications 0 0
Facility.
Arizona
Air NG Davis Monthan AFB TFI--Predator FOC--Increased 4,650 4,650
Mission Orbit Tasking.
Air NG Fort Huachuca Total Force Integration-- 0 11,000
Predator Launch and
Recovery Element Beddown.
Arkansas
Air NG Little Rock AFB Fuel Cell and Corrosion 0 0
Control Hangar.
Colorado
Air NG Buckely AFB Taxiway Juliet and Lima..... 0 0
Delaware
Air NG New Castle County C-130 Aircraft Maintenance 0 0
Airport Shops (Phase III).
Air NG New Castle County Joint Forces Operations 1,500 1,500
Airport Center-ANG Share.
Florida
Air NG Jacksonville IAP Security Forces Training 6,700 6,700
Facility.
Georgia
Air NG Savannah/Hilton Head Relocate Air Supt Opers Sqdn 7,450 7,450
IAP (Asos) Fac.
Hawaii
Air NG Hickam AFB F-22 Beddown Intrastructure 5,950 5,950
Support.
Air NG Hickam AFB F-22 Hangar, Squadron 48,250 48,250
Operations and AMU.
Air NG Hickam AFB F-22 Upgrade Munitions 17,250 17,250
Complex.
Illinois
Air NG Capital Map CNAF Beddown-Upgrade 16,700 16,700
Facilities.
Indiana
Air NG Hulman Regional Airport Asos Beddown-Upgrade 4,100 4,100
Facilities.
Iowa
Air NG Des Moines Corrosion Control Hangar.... 0 0
Air NG Des Moines IAP Corrosion Control Hangar.... 0 0
Maryland
Air NG Martin State Airport Replace Ops and Medical 11,400 11,400
Training Facility.
Massachusetts
Air NG Barnes ANGB Add to Aircraft Maintenance 0 0
Hangar.
Air NG Barnes Municipal Additions and Renovations to 0 0
Airport Building 15.
Michigan
Air NG Alpena Combat Readiness Replace Troop Quarters, 0 0
Training Center Phase II.
Minnesota
Air NG Duluth Load Crew Training and 0 0
Weapon Release Shops.
New Jersey
Air NG 177th Fighter Wing, Fuel Cell and Corrosion 0 0
Atlantic City Control Hanger.
Air NG Atlantic City IAP Fuel Cell and Corrosion 0 0
Control Hangar.
New York
Air NG Fort Drum Reaper Infrastructure 2,500 2,500
Support.
Air NG Stewart IAP Aircraft Conversion Facility 0 0
Air NG Stewart IAP Base Defense Group Beddown.. 14,250 14,250
North Carolina
Air NG Stanly County Airport Upgrade Asos Facilities..... 2,000 2,000
Ohio
Air NG Toledo Express Airport Replace Security Forces 0 0
Complex.
[[Page 124 STAT. 4499]]
Air NG Toledo Express Airport Replace Security Forces 0 0
Complex.
Oregon
Air NG Kingsley Field ANG Base Replace Fire Station........ 0 0
Pennsylvania
Air NG State College Angs Add to and Alter AOS 4,100 4,100
Facility.
Rhode Island
Air NG Quonset State Airport C-130 Parking Apron......... 0 0
South Carolina
Air NG Mcentire Training/Operations Center.. 0 0
Air NG Mcentire Joint National Replace Operations and 0 0
Guard Base Training.
South Dakota
Air NG Joe Foss Field Aircraft Maintenance Shops.. 0 0
Tennessee
Air NG Mcghee Tyson ANG Base Hobbs Road Acquisition...... 0 0
Air NG Nashville IAP Renovate Intel Squadron 5,500 5,500
Facilities.
Texas
Air NG Ellington Field Upgrade Unmanned Aerial 0 7,000
Vehicle Maintenance Hangar.
Vermont
Air NG Burlington Upgrade Taxiways and Replace 0 0
International Airport Arm/Disarm Pads.
West Virginia
Air NG Yeager AFB Communications Training Fac. 0 0
Air NG Yeager AFB Force Protection/ 0 0
Antiterrorism.
Wisconsin
Air NG General Mitchell Replace Fire Station........ 0 0
International Airport
Unspecified
Air NG Varlocs Varlocs..................... 0 0
Worldwide Unspecified
Air NG Unspecified Worldwide Minor Construction.......... 8,000 8,000
Locations
Air NG Unspecified Worldwide Planning & Design........... 9,214 9,214
Locations
Total Military Construction, Air National Guard 176,986 194,986
.........................
.......................
Florida
AF Res Patrick AFB Weapons Maintenance Facility 3,420 3,420
New York
AF Res Niagara ARS C-130 Flightline Operations 0 0
Facility, Ph 1.
Unspecified
AF Res Varlocs Varlocs..................... 0 0
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design......... 1,653 1,653
Locations
AF Res Various Worldwide Unspecified Minor 2,759 2,759
Locations Construction.
Total Military Construction, Air Force Reserve 7,832 7,832
.........................
.......................
Alaska
FH Con Army Fort Wainwright Family Housing Replacement 21,000 21,000
Constrution (110 Units).
Germany
FH Con Army Baumholder Family Housing Replacement 34,329 34,329
Construction (64 Units).
[[Page 124 STAT. 4500]]
Worldwide Unspecified
FH Con Army Unspecified Worldwide Construction Improvements 35,000 35,000
Locations (235 Units).
FH Con Army Unspecified Worldwide Family Housing Planning & 2,040 2,040
Locations Design.
Total, Family Housing Construction, Army 92,369 92,369
.........................
.......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Leasing..................... 203,184 203,184
Locations
FH Ops Army Unspecified Worldwide Maintenance of Real Property 120,899 120,899
Locations
FH Ops Army Unspecified Worldwide Miscellaneous Account....... 1,201 1,201
Locations
FH Ops Army Unspecified Worldwide Operations.................. 96,142 96,142
Locations
FH Ops Army Unspecified Worldwide Privatization Support Costs. 27,059 27,059
Locations
FH Ops Army Unspecified Worldwide Utilities Account........... 69,655 69,655
Locations
Total, Family Housing Operation And Maintenance, Army 518,140 518,140
.........................
.......................
Guantanamo Bay, Cuba
FH Con Navy Guantanamo Bay Replace GTMO Housing........ 37,169 37,169
Total, Family Housing Construction, Navy And Marine Corps 37,169 37,169
.........................
.......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Classified Project.......... 50 0
Locations
FH Con AF Unspecified Worldwide Construction Improvments.... 73,750 73,800
Locations
Total, Family Housing Construction, Air Force 73,800 73,800
.........................
.......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design...................... 3,255 3,255
Locations
FH Con Navy Unspecified Worldwide Improvements................ 146,020 146,020
Locations
Total Family Housing Construction, Navy And Marine Corps 149,275 149,275
.........................
.......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Planning & Design........... 4,225 4,225
Locations
Total Family Housing Construction, Air Force 4,225 4,225
.........................
.......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings Account......... 14,478 14,478
Locations
FH Ops Navy Unspecified Worldwide Leasing..................... 97,484 97,484
Locations
FH Ops Navy Unspecified Worldwide Maintenance of Real Property 87,134 87,134
Locations
FH Ops Navy Unspecified Worldwide Management Account.......... 63,551 63,551
Locations
[[Page 124 STAT. 4501]]
FH Ops Navy Unspecified Worldwide Miscellaneous Account....... 464 464
Locations
FH Ops Navy Unspecified Worldwide Privatization Support Costs. 26,526 26,526
Locations
FH Ops Navy Unspecified Worldwide Services Account............ 16,790 16,790
Locations
FH Ops Navy Unspecified Worldwide Utilities Account........... 59,919 59,919
Locations
Total Family Housing Operation And Maintenance, Navy And Marine Corps 366,346 366,346
.........................
.......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings Account......... 35,399 35,399
Locations
FH Ops AF Unspecified Worldwide Housing Privatization....... 53,903 53,903
Locations
FH Ops AF Unspecified Worldwide Leasing..................... 95,143 95,143
Locations
FH Ops AF Unspecified Worldwide Leasing Account............. 528 528
Locations
FH Ops AF Unspecified Worldwide Maintenance................. 159,725 159,725
Locations
FH Ops AF Unspecified Worldwide Maintenance Account......... 1,971 1,971
Locations
FH Ops AF Unspecified Worldwide Management Account.......... 1,561 1,561
Locations
FH Ops AF Unspecified Worldwide Management Account.......... 54,633 54,633
Locations
FH Ops AF Unspecified Worldwide Miscellaneous Account....... 1,710 1,710
Locations
FH Ops AF Unspecified Worldwide Services Account............ 19,974 19,974
Locations
FH Ops AF Unspecified Worldwide Utilities Account........... 89,245 89,245
Locations
Total Family Housing Operation And Maintenance, Air Force 513,792 513,792
.........................
.......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings Account......... 4,501 4,501
Locations
FH Ops DW Unspecified Worldwide Furnishings Account......... 18 18
Locations
FH Ops DW Unspecified Worldwide Leasing..................... 10,293 10,293
Locations
FH Ops DW Unspecified Worldwide Leasing..................... 34,124 34,124
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real Property 707 707
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real Property 70 70
Locations
FH Ops DW Unspecified Worldwide Management Account.......... 365 365
Locations
FH Ops DW Unspecified Worldwide Operations.................. 50 50
Locations
FH Ops DW Unspecified Worldwide Services Account............ 29 29
Locations
FH Ops DW Unspecified Worldwide Utilities Account........... 10 10
Locations
FH Ops DW Unspecified Worldwide Utilities Account........... 297 297
Locations
Total Family Housing Operation And Maintenance, Defense-Wide 50,464 50,464
.........................
.......................
[[Page 124 STAT. 4502]]
Worldwide Unspecified
HOAP Unspecified Worldwide Homeowers Assistance Program 16,515 16,515
Locations
Total Homeowners Assistance Fund 16,515 16,515
.........................
.......................
Worldwide Unspecified
FHIF Unspecified Worldwide Family Housing Improvement 1,096 1,096
Locations Fund.
Total DOD Family Housing Improvement Fund 1,096 1,096
.........................
.......................
Maryland
BRAC 05 Bethesda (Wrnmmc) Defense Access Roads-- 20,000 20,000
Medical Center Entrance.
BRAC 05 Bethesda (Wrnmmc) Traffic Mitigation, Incr 2.. 7,600 7,600
Texas
BRAC 05 Fort Sam Houston San Antonio Military Medical 93,941 93,941
Center (North), Incr 4.
Virginia
BRAC 05 Fort Belvoir Hospital Replacement, Incr 5 63,637 63,637
BRAC 05 Fort Belvoir NGA Headquarters Facility... 83,328 83,328
BRAC 05 Fort Belvoir Office Complex, Incr 4...... 5,610 5,610
Worldwide Unspecified
BRAC 05 Unspecified Worldwide Rescission.................. 0 0
Locations
BRAC 05 Various Environmental............... 19,555 19,555
BRAC 05 Various Environmental............... 73,511 73,511
BRAC 05 Various Environmental............... 15,201 15,201
BRAC 05 Various Military Personnel Permanent 1,456 1,456
Change of Station.
BRAC 05 Various Military Personnel Permanent 1,277 1,277
Change of Station.
BRAC 05 Various Operation and Maintenance... 476,764 476,764
BRAC 05 Various Operation and Maintenance... 99,570 99,570
BRAC 05 Various Operation and Maintenance... 887,231 887,231
BRAC 05 Various Operation and Maintenance... 321,888 321,888
BRAC 05 Various Other....................... 121,584 121,584
BRAC 05 Various Other....................... 3,601 3,601
BRAC 05 Various Other....................... 6,853 6,853
BRAC 05 Various Other....................... 51,678 51,678
Total Base Realignment and Closure Account 2005 2,354,285 2,354,285
.........................
.......................
Worldwide Unspecified
BRAC IV Base Realignment & Base Realignment & Closure.. 124,874 124,874
Closure, Air Force
BRAC IV Base Realignment & Base Realignment & Closure.. 73,600 73,600
Closure, Army
BRAC IV Base Realignment & Base Realignment & Closure.. 162,000 162,000
Closure, Navy
Total Base Realignment and Closure Account 1990 360,474 360,474
.........................
.......................
Unspecified
GR Unspecified Worldwide General Reductions.......... 0 0
Locations
Total General Reductions 0
.........................
.......................
[[Page 124 STAT. 4503]]
Total Military Construction 18,747,368 18,190,547
----------------------------------------------------------------------------------------------------------------
SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Afghanistan
Army Airborne Rotary Wing Parking......... 1,200 0
Army Bagram AFB Army Aviation HQ Facilities. 0 0
Army Bagram AFB Barracks.................... 0 0
Army Bagram AFB Command & Control Facility.. 13,600 13,600
Army Bagram AFB Consolidated Community 0 0
Support Area.
Army Bagram AFB Consolidated Laboratory..... 0 13,800
Army Bagram AFB Counter-Improvised Explosive 24,000 24,000
Device Task Force Compound.
Army Bagram AFB Detention Facility in Parwan 23,000 0
Detainee Housing.
Army Bagram AFB Dining Facility............. 2,650 6,000
Army Bagram AFB Eastside Electrical 0 0
Distribution.
Army Bagram AFB Eastside Utilities 0 0
Infrastructure.
Army Bagram AFB Entry Control Point......... 0 0
Army Bagram AFB Joint Defense Operations 0 0
Center.
Army Bagram AFB Military Police HQ.......... 2,800 5,500
Army Bagram AFB Replace Temporary Guard 5,500 5,500
Towers.
Army Bagram AFB Role III Hospital........... 35,000 42,000
Army Bagram AFB Tanker Truck Off-Load 5,700 0
Facility.
Army Bagram AFB Task Force Freedom Compound. 18,000 18,000
Army Bagram AFB Troop Housing, Ph 4......... 23,000 23,000
Army Bagram AFB Troop Housing, Ph 5......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 6......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 7......... 29,000 29,000
Army Bagram AFB Troop Housing, Ph 8......... 29,000 29,000
Army Bagram AFB Vet Clinic & Kennel......... 2,600 2,600
Army Delaram Ii Entry Control Point and 0 4,400
Access Roads.
Army Dwyer Dining Facility............. 6,000 9,000
Army Dwyer Entry Control Point......... 5,100 5,100
Army Dwyer Rotary Wing Apron........... 44,000 44,000
Army Dwyer Wastewater Treatment 16,000 16,000
Facility.
Army Frontenac Waste Management Complex.... 4,200 4,200
Army Frontenac Wastewater Treatment 4,200 4,200
Facility.
Army Jalalabad Rotary Wing Parking......... 1,100 0
Army Kandahar Command & Control Facility.. 5,200 5,200
Army Kandahar North Area Utilities, Ph 2.. 21,000 26,000
Army Kandahar Special Operations Forces 6,000 9,200
Joint Operations Center.
Army Kandahar Troop Housing, Ph 4......... 20,000 20,000
Army Kandahar Troop Housing, Ph 5......... 20,000 20,000
Army Kandahar Troop Housing, Ph 6......... 20,000 0
Army Kandahar Troop Housing, Ph 7......... 20,000 0
Army Maywand Wastewater Treatment 7,000 7,000
Facility.
Army Shank Ammunition Supply Point..... 25,000 23,000
Army Shank Electrical Utility Systems, 0 6,400
Ph 2.
Army Shank Expand Extended Cooperation 16,000 16,000
Programme 1 and Extended
Cooperation Programme 2.
Army Shank Guard Towers................ 2,400 5,200
Army Shank Roads and Utilities, Ph 1... 8,000 25,000
Army Shank Special Operations Forces 0 15,000
Parking Apron.
Army Shank Wastewater Treatment Plant.. 0 7,700
[[Page 124 STAT. 4504]]
Army Sharana Bulk Materials Transfer 12,400 12,400
Station.
Army Shindand Medical Facility............ 7,700 0
Army Shindand Waste Management Complex.... 0 6,100
Army Tarin Kowt Medical Facility............ 5,500 0
Army Tarin Kowt Rotary Wing Parking and 24,000 24,000
Taxiway, Ph 2.
Army Tarin Kowt Wastewater Treatment 4,200 5,600
Facility.
Army Tombstone/Bastion Command & Control HQ........ 0 13,600
Army Tombstone/Bastion Contingency Housing......... 41,000 0
Army Tombstone/Bastion Dining Facility............. 12,800 27,000
Army Tombstone/Bastion Paved Roads................. 0 9,800
Army Tombstone/Bastion Rotary Wing Parking......... 35,000 35,000
Army Tombstone/Bastion Waste Management Complex 0 14,200
Expansion.
Army Tombstone/Bastion Wastewater Treatment 13,000 13,000
Facility.
Army Various Locations Air Pollution Abatement..... 0 0
Army Various Locations Community Facilities........ 0 0
Army Various Locations Hospital and Medical 0 0
Facilities.
Army Various Locations Operational Facilities...... 0 0
Army Various Locations Route Gypsum, Ph 1.......... 40,000 50,000
Army Various Locations Route Gypsum, Ph 2.......... 0 50,000
Army Various Locations Supply Facilities........... 0 0
Army Various Locations Supporting Activities....... 0 0
Army Various Locations Troop Housing Facilities.... 0 0
Army Various Locations Utility Facilities.......... 0 0
Army Wolverine Perimeter Fence............. 5,100 0
Army Wolverine Rotary Wing Apron........... 24,000 0
Army Wolverine Wastewater Treatment 13,000 13,000
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Minor Construction.......... 78,330 78,330
Locations
Army Unspecified Worldwide Planning & Design........... 89,716 79,716
Locations
Army Unspecified Worldwide Rescission (Public Law 111- 0 0
Locations 117).
Army Unspecified Worldwide Transfer to DOD Inspector 0 7,000
Locations General.
Total Military Construction, Army 929,996 981,346
.........................
.......................
Bahrain Island
Navy Sw Asia Navy Central Command 0 0
Ammunition Magazines.
Navy Sw Asia Operations & Support 0 0
Facilities.
Djibouti
Navy Camp Lemonier General Warehouse........... 0 0
Navy Camp Lemonier Pave External Roads......... 0 0
Total Military Construction, Navy 0
.........................
.......................
Afghanistan
AF Bagram AFB Consolidated Rigging 0 0
Facility.
AF Bagram AFB Fighter Hanger.............. 0 0
AF Bagram AFB Medevac Ramp Expansion/Fire 0 0
Station.
AF Kandahar Expand Cargo Handling Area.. 7,100 0
AF Kandahar Expeditionary Airlift 7,400 0
Shelter.
AF Sharana Runway...................... 35,000 0
AF Shindand Passenger & Cargo Terminal.. 15,800 0
AF Tombstone/Bastion Expand Fuels Operations and 2,500 0
Storage.
AF Tombstone/Bastion Parallel Taxiway............ 86,000 0
AF Tombstone/Bastion Refueler Apron.............. 55,000 0
AF Various Locations Maintenance and Production 0 0
Facilities.
AF Various Locations Operational Facilities...... 0 0
AF Various Locations Supply Facilities........... 0 0
AF Warrior Runway...................... 8,700 0
Bahrain Island
AF Sw Asia North Apron Expansion....... 0 0
Oman
[[Page 124 STAT. 4505]]
AF AL Musannah Airlift Ramp & Fuel 0 69,000
Facilities.
Qatar
AF AL Udeid Blatchford-Preston Complex, 0 0
Ph 3.
AF AL Udeid Tactical Ramp/Vehicle 0 63,000
Maintenance Facility.
Worldwide Unspecified
AF Unspecified Worldwide Planning & Design........... 13,422 13,422
Locations
AF Unspecified Worldwide Rescission (Public Law 111- 0 0
Locations 117).
AF Unspecified Worldwide Unspecified Minor 49,584 49,584
Locations Construction--FY11 OCO.
Total Military Construction, Air Force 280,506 195,006
.........................
.......................
Conus Classified
Def-Wide Classified Location Classified Project.......... 41,900 41,900
Def-Wide Worldwide Unspecified Planning and Design......... 4,600 4,600
Qatar
Def-Wide AL Udeid Qatar Warehouse............. 0 0
Total Military Construction, Defense-Wide 46,500 46,500
.........................
.......................
Total Military Construction 1,257,002 1,222,852
----------------------------------------------------------------------------------------------------------------
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the
nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget requests
with respect to the modernization and refurbishment of the
nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of
Energy projects.
Sec. 3115. Establishment of cooperative research and development
centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for appointment
of certain scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into
transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International
Materials Protection, Control, and Accounting Program of the
Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico, and held in trust
for the Pueblo of San Ildefonso.
[[Page 124 STAT. 4506]]
Sec. 3121. Repeal of sunset provision for modification of minor
construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative
research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 3124. Department of Energy energy parks program.
Subtitle C--Reports
Sec. 3131. Report on graded security protection policy.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2011 for the
activities of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$11,214,755,000, to be allocated as follows:
(1) For weapons activities, $7,028,835,000.
(2) For defense nuclear nonproliferation activities,
$2,667,167,000.
(3) For naval reactors, $1,070,486,000.
(4) For the Office of the Administrator for Nuclear
Security, $448,267,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) Project 11-D-801, reinvestment project phase 2, Los
Alamos National Laboratory, Los Alamos, New Mexico, $20,000,000.
(2) Project 11-D-601, sanitary effluent reclamation facility
expansion, Los Alamos National Laboratory, Los Alamos, New
Mexico, $15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for defense environmental cleanup activities
in carrying out programs necessary for national security in the amount
of $5,588,039,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for other defense activities in carrying out
programs necessary for national security in the amount of $878,209,000.
SEC. 3104. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2011 for energy security and assurance programs
necessary for national security in the amount of $6,188,000.
[[Page 124 STAT. 4507]]
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. AIRCRAFT PROCUREMENT.
Of the amounts authorized to be appropriated and made available for
obligation under section 3101(1) for weapons activities for any fiscal
year before fiscal year 2012, the Secretary of Energy may procure not
more than two aircraft.
SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR SECURITY COMPLEX.
(a) In General.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after
section 4203 the following new section:
``SEC. 4203A. <<NOTE: 50 USC 2523a.>> BIENNIAL PLAN ON
MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR SECURITY COMPLEX.
``(a) <<NOTE: Effective date.>> In General.--In each even-numbered
year, beginning in 2012, the Administrator for Nuclear Security shall
include in the plan for maintaining the nuclear weapons stockpile
required by section 4203 a plan for the modernization and refurbishment
of the nuclear security complex.
``(b) Plan Design.--
``(1) In general.--The plan required by subsection (a) shall
be designed to ensure that the nuclear security complex is
capable of supporting the following:
``(A) Except as provided in paragraph (2), the
national security strategy of the United States as set
forth in the most recent national security strategy
report of the President under section 108 of the
National Security Act of 1947 (50 U.S.C. 404a).
``(B) The nuclear posture of the United States as
set forth in the most recent Nuclear Posture Review.
``(2) Exception.--If, at the time the plan is submitted
under subsection (a), a national security strategy report has
not been submitted to Congress under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a), the plan required by
subsection (a) shall be designed to ensure that the nuclear
security complex is capable of supporting the national defense
strategy recommended in the report of the most recent
Quadrennial Defense Review.
``(c) Plan Elements.--The plan required by subsection (a) shall
include the following:
``(1) A description of the modernization and refurbishment
measures the Administrator determines necessary to meet the
requirements of--
``(A) the national security strategy of the United
States as set forth in the most recent national security
strategy report of the President under section 108 of
the National Security Act of 1947 (50 U.S.C. 404a) or
the national defense strategy recommended in the report
of the most recent Quadrennial Defense Review, as
applicable under subsection (b); and
``(B) the Nuclear Posture Review.
``(2) A schedule for implementing the measures described in
paragraph (1) during the ten years following the date on
[[Page 124 STAT. 4508]]
which the plan for maintaining the nuclear weapons stockpile
required by section 4203 and into which the plan required by
subsection (a) is incorporated is submitted to Congress under
section 4203(c).
``(3) Consistent with the budget justification materials
submitted to Congress in support of the Department of Energy
budget for the fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code), an estimate of the annual funds the Administrator
determines necessary to carry out the plan required by
subsection (a), including a discussion of the criteria,
evidence, and strategies on which the estimate is based.
``(d) Form.--The plan required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
``(e) Nuclear Weapons Council Assessment.--
``(1) Assessment required.--For each plan required by
subsection (a), the Nuclear Weapons Council established by
section 179 of title 10, United States Code, shall conduct an
assessment that includes the following:
``(A) An analysis of the plan, including--
``(i) whether the plan supports the
requirements of the national security strategy of
the United States or the most recent Quadrennial
Defense Review, whichever is applicable under
subsection (b), and the Nuclear Posture Review;
and
``(ii) whether the modernization and
refurbishment measures described under paragraph
(1) of subsection (c) and the schedule described
under paragraph (2) of such subsection are
adequate to support such requirements.
``(B) An analysis of whether the plan adequately
addresses the requirements for infrastructure
recapitalization of the facilities of the nuclear
security complex.
``(C) If the Nuclear Weapons Council determines that
the plan does not adequately support modernization and
refurbishment requirements under subparagraph (A) or the
nuclear security complex facilities infrastructure
recapitalization requirements under subparagraph (B), a
risk assessment with respect to--
``(i) supporting the annual certification of
the nuclear weapons stockpile under section 4203;
and
``(ii) maintaining the long-term safety,
security, and reliability of the nuclear weapons
stockpile.
``(2) Report required.--Not later than 180 days after the
date on which the Administrator submits the plan required by
subsection (a), the Nuclear Weapons Council shall submit to the
congressional defense committees a report detailing the
assessment required under paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `nuclear security complex' means the physical
facilities, technology, and human capital of the following:
``(A) The national security laboratories (as defined
in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).
``(B) The Kansas City Plant, Kansas City, Missouri.
``(C) The Nevada Test Site, Nevada.
``(D) The Savannah River Site, Aiken, South
Carolina.
[[Page 124 STAT. 4509]]
``(E) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(F) The Pantex Plant, Amarillo, Texas.
``(2) The term `Quadrennial Defense Review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of title 10,
United States Code.''.
(b) Clerical Amendment.--The table of contents for the Atomic Energy
Defense Act is amended by inserting after the item relating to section
4203 the following new item:
``Sec. 4203A. Biennial plan on modernization and refurbishment of the
nuclear security complex.''.
SEC. 3113. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF BUDGET
REQUESTS WITH RESPECT TO THE
MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR WEAPONS STOCKPILE.
(a) In General.--Section 3255 of the National Nuclear Security
Administration Act (50 U.S.C. 2455) is amended to read as follows:
``SEC. 3255. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF BUDGET
REQUESTS WITH RESPECT TO THE
MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR WEAPONS STOCKPILE.
``(a) GAO Study and Reports.--(1) For the nuclear security budget
materials submitted in each fiscal year by the Administrator, the
Comptroller General of the United States shall conduct a study on
whether both the budget for the fiscal year following the fiscal year in
which such budget materials are submitted and the future-years nuclear
security program submitted to Congress in relation to such budget under
section 3253 provide for funding of the nuclear security complex at a
level that is sufficient for the modernization and refurbishment of the
nuclear security complex.
``(2) Not later than 90 days after the date on which the
Administrator submits the nuclear security budget materials, the
Comptroller General shall submit to the congressional defense committees
a report on the study under paragraph (1), including--
``(A) the findings of such study; and
``(B) whether the nuclear security budget materials support
the requirements for infrastructure recapitalization of the
facilities of the nuclear security complex.
``(b) Definitions.--In this section:
``(1) The term `budget' means the budget for a fiscal year
that is submitted to Congress by the President under section
1105(a) of title 31, United States Code.
``(2) The term `nuclear security budget materials' means the
materials submitted to Congress by the Administrator in support
of the budget for a fiscal year.
``(3) The term `nuclear security complex' means the physical
facilities, technology, and human capital of the following:
``(A) The national security laboratories.
``(B) The Kansas City Plant, Kansas City, Missouri.
``(C) The Nevada Test Site, Nevada.
``(D) The Savannah River Site, Aiken, South
Carolina.
``(E) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(F) The Pantex Plant, Amarillo, Texas.''.
[[Page 124 STAT. 4510]]
(b) Clerical Amendment.--The table of contents for the National
Nuclear Security Administration Act is amended by striking the item
relating to section 3255 and inserting the following new item:
``Sec. 3255. Comptroller General assessment of adequacy of budget
requests with respect to the modernization and refurbishment
of the nuclear weapons stockpile.''.
SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF
ENERGY PROJECTS.
(a) In General.--Subtitle A of title XLVII of the Atomic Energy
Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end the
following new section:
``SEC. 4713. <<NOTE: Deadlines. 50 USC 2753.>> NOTIFICATION OF
COST OVERRUNS FOR CERTAIN DEPARTMENT OF
ENERGY PROJECTS.
``(a) Establishment of Cost and Schedule Baselines.--
``(1) Stockpile life extension projects.--
``(A) In general.--The Administrator for Nuclear
Security shall establish a cost and schedule baseline
for each nuclear stockpile life extension project of the
National Nuclear Security Administration.
``(B) Per unit cost.--The cost baseline developed
under subparagraph (A) shall include, with respect to
each life extension project, an estimated cost for each
warhead in the project.
``(C) Notification to congressional defense
committees.--Not later than 30 days after establishing a
cost and schedule baseline under subparagraph (A), the
Administrator shall submit the cost and schedule
baseline to the congressional defense committees.
``(2) Defense-funded construction projects.--
``(A) In general.--The Secretary of Energy shall
establish a cost and schedule baseline under the project
management protocols of the Department of Energy for
each construction project that is--
``(i) in excess of $50,000,000; and
``(ii) carried out by the Department using
funds authorized to be appropriated for a fiscal
year pursuant to a DOE national security
authorization.
``(B) Notification to congressional defense
committees.--Not later than 30 days after establishing a
cost and schedule baseline under subparagraph (A), the
Secretary shall submit the cost and schedule baseline to
the congressional defense committees.
``(3) Defense environmental management projects.--
``(A) In general.--The Secretary shall establish a
cost and schedule baseline under the project management
protocols of the Department of Energy for each defense
environmental management project that is--
``(i) in excess of $50,000,000; and
``(ii) carried out by the Department pursuant
to such protocols.
``(B) Notification to congressional defense
committees.--Not later than 30 days after establishing a
cost and schedule baseline under subparagraph (A), the
[[Page 124 STAT. 4511]]
Secretary shall submit the cost and schedule baseline to
the congressional defense committees.
``(b) Notification of Costs Exceeding Baseline.--The Administrator
or the Secretary, as applicable, shall notify the congressional defense
committees not later than 30 days after determining that--
``(1) the total cost for a project referred to in paragraph
(1), (2), or (3) of subsection (a) will exceed an amount that is
equal to 125 percent of the cost baseline established under
subsection (a) for that project; and
``(2) in the case of a stockpile life extension project
referred to in subsection (a)(1), the cost for any warhead in
the project will exceed an amount that is equal to 200 percent
of the cost baseline established under subsection (a)(1)(B) for
each warhead in that project.
``(c) Notification of Determination With Respect to Termination or
Continuation of Projects.--Not later than 90 days after submitting a
notification under subsection (b) with respect to a project, the
Administrator or the Secretary, as applicable, shall--
``(1) notify the congressional defense committees with
respect to whether the project will be terminated or continued;
and
``(2) <<NOTE: Certification.>> if the project will be
continued, certify to the congressional defense committees
that--
``(A) a revised cost and schedule baseline has been
established for the project and, in the case of a
stockpile life extension project referred to in
subparagraph (A) or (B) of subsection (a)(1), a revised
estimate of the cost for each warhead in the project has
been made;
``(B) the continuation of the project is necessary
to the mission of the Department of Energy and there is
no alternative to the project that would meet the
requirements of that mission; and
``(C) a management structure is in place adequate to
manage and control the cost and schedule of the project.
``(d) Applicability of Requirements to Revised Cost and Schedule
Baselines.--A revised cost and schedule baseline established under
subsection (c) shall--
``(1) be submitted to the congressional defense committees
with the certification submitted under subsection (c)(2); and
``(2) be subject to the notification requirements of
subsections (b) and (c) in the same manner and to the same
extent as a cost and schedule baseline established under
subsection (a).''.
(b) Clerical Amendment.--The table of contents for the Atomic Energy
Defense Act is amended by inserting after the item relating to section
4712 the following new item:
``Sec. 4713. Notification of cost overruns for certain Department of
Energy projects.''.
SEC. 3115. ESTABLISHMENT OF COOPERATIVE RESEARCH AND DEVELOPMENT
CENTERS.
(a) Cooperative Research and Development Centers.--
(1) In general.--Section 4813 of the Atomic Energy Defense
Act (division D of Public Law 107-314; 50 U.S.C. 2794) is
amended--
[[Page 124 STAT. 4512]]
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Cooperative Research and Development Centers.--(1) Subject to
the availability of appropriations provided for such purpose, the
Administrator for Nuclear Security shall establish a cooperative
research and development center described in paragraph (2) at each
national security laboratory.
``(2) A cooperative research and development center described in
this paragraph is a center to foster collaborative scientific research,
technology development, and the appropriate transfer of research and
technology to users in addition to the national security laboratories.
``(3) In establishing a cooperative research and development center
under this subsection, the Administrator--
``(A) <<NOTE: Contracts.>> shall enter into cooperative
research and development agreements with governmental, public,
academic, or private entities; and
``(B) may enter into a contract with respect to
constructing, purchasing, managing, or leasing buildings or
other facilities.''.
(2) Definition.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended by adding at the
end the following new paragraph:
``(5) The term `national security laboratory' has the
meaning given that term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).''.
(3) Section heading.--The heading of such section is amended
by inserting ``and cooperative research and development
centers'' after ``partnerships''.
(b) Clerical Amendment.--The table of contents for the Atomic Energy
Defense Act is amended by striking the item relating to section 4813 and
inserting the following new item:
``Sec. 4813. Critical technology partnerships and cooperative research
and development centers.''.
SEC. 3116. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN.
(a) In General.--Title XLIV of the Atomic Energy Defense Act (50
U.S.C. 2581 et seq.) is amended by inserting after section 4402 the
following new section:
``SEC. 4402A. <<NOTE: 50 USC 2582a.>> FUTURE-YEARS DEFENSE
ENVIRONMENTAL MANAGEMENT PLAN.
``(a) In General.--The Secretary of Energy shall submit to Congress
each year, at or about the same time that the President's budget is
submitted to Congress for a fiscal year under section 1105(a) of title
31, United States Code, a future-years defense environmental management
plan that--
``(1) reflects the estimated expenditures and proposed
appropriations included in that budget for the Department of
Energy for environmental management; and
``(2) covers a period that includes the fiscal year for
which that budget is submitted and not less than the four
succeeding fiscal years.
[[Page 124 STAT. 4513]]
``(b) Elements.--Each future-years defense environmental management
plan required by subsection (a) shall contain the following:
``(1) A detailed description of the projects and activities
relating to defense environmental management to be carried out
during the period covered by the plan at the sites specified in
subsection (c) and with respect to the activities specified in
subsection (d).
``(2) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to support
such projects and activities.
``(3) With respect to each site specified in subsection (c),
the following:
``(A) A statement of each milestone included in an
enforceable agreement governing cleanup and waste
remediation for that site for each fiscal year covered
by the plan.
``(B) For each such milestone, a statement with
respect to whether each such milestone will be met in
each such fiscal year.
``(C) For any milestone that will not be met, an
explanation of why the milestone will not be met and the
date by which the milestone is expected to be met.
``(c) Sites Specified.--The sites specified in this subsection are
the following:
``(1) The Idaho National Laboratory, Idaho.
``(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
``(3) The Savannah River Site, Aiken, South Carolina.
``(4) The Oak Ridge National Laboratory, Oak Ridge,
Tennessee.
``(5) The Hanford Site, Richland, Washington.
``(6) Any defense closure site of the Department of Energy.
``(7) Any site of the National Nuclear Security
Administration.
``(d) Activities Specified.--The activities specified in this
subsection are the following:
``(1) Program support.
``(2) Program direction.
``(3) Safeguards and security.
``(4) Technology development and deployment.
``(5) Federal contributions to the Uranium Enrichment
Decontamination and Decommissioning Fund established under
section 1801 of the Atomic Energy Act of 1954 (42 U.S.C.
2297g).''.
(b) Clerical Amendment.--The table of contents for the Atomic Energy
Defense Act is amended by inserting after the item relating to section
4402 the following new item:
``Sec. 4402A. Future-years defense environmental management plan.''.
SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY FOR
APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2011'' and inserting
``September 30, 2016''.
[[Page 124 STAT. 4514]]
SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO ENTER
INTO TRANSACTIONS TO CARRY OUT CERTAIN
RESEARCH PROJECTS.
Section 646(g)(10) of the Department of Energy Organization Act (42
U.S.C. 7256(g)(10)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2015''.
SEC. 3119. EXTENSION OF AUTHORITY RELATING TO THE INTERNATIONAL
MATERIALS PROTECTION, CONTROL, AND
ACCOUNTING PROGRAM OF THE DEPARTMENT OF
ENERGY.
Section 3156(b)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 50 U.S.C. 2343(b)(1)) is
amended by striking ``January 1, 2013'' and inserting ``January 1,
2018''.
SEC. 3120. <<NOTE: 42 USC 2391 note.>> EXTENSION OF DEADLINE FOR
TRANSFER OF PARCELS OF LAND TO BE
CONVEYED TO LOS ALAMOS COUNTY, NEW
MEXICO, AND HELD IN TRUST FOR THE PUEBLO
OF SAN ILDEFONSO.
(a) Environmental Restoration.--If the Secretary of Energy
determines under any authority previously established by law that a
parcel of land described in subsection (c) requires environmental
restoration or remediation, the Secretary shall, to the maximum extent
practicable, complete the environmental restoration or remediation of
the parcel not later than September 30, 2022, and otherwise in
compliance with such law.
(b) Conveyance or Transfer.--If the Secretary determines under any
authority previously established by law that environmental restoration
or remediation cannot reasonably be expected to be completed with
respect to a parcel of land described in subsection (c) by September 30,
2022, the Secretary shall not convey or transfer the parcel of land.
(c) Parcels of Land.--A parcel of land described in this subsection
is a parcel of land under the jurisdiction or administrative control of
the Secretary at or in the vicinity of Los Alamos National Laboratory
that the Secretary has previously identified as suitable for conveyance
or transfer in a report submitted to the congressional defense
committees prior to the date of the enactment of this Act.
SEC. 3121. REPEAL OF SUNSET PROVISION FOR MODIFICATION OF MINOR
CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
(a) Minor Construction Threshold.--Paragraph (3) of section 4701 of
the Atomic Energy Defense Act (50 U.S.C. 2741(3)), as amended by section
3118(b) of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2709), is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
(b) <<NOTE: 50 USC 2743 note.>> Notification.--Section 3118(c) of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2709) is amended by striking ``during fiscal year
2010''.
SEC. 3122. <<NOTE: 50 USC 2465.>> ENHANCING PRIVATE-SECTOR
EMPLOYMENT THROUGH COOPERATIVE RESEARCH
AND DEVELOPMENT ACTIVITIES.
(a) In General.--The Administrator for Nuclear Security shall
encourage cooperative research and development activities at the
[[Page 124 STAT. 4515]]
national security laboratories (as defined in section 3281 of the
National Nuclear Security Administration Act (50 U.S.C. 2471)) that lead
to the creation of new private-sector employment opportunities.
(b) Reports.--Not later than January 31 of each year from 2012
through 2017, the Administrator shall submit to Congress a report
detailing the number of new private-sector employment opportunities
created as a result of the previous years' cooperative research and
development activities at each national security laboratory.
SEC. 3123. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS
OF EXCELLENCE IN COUNTRIES OUTSIDE OF
THE FORMER SOVIET UNION.
Not <<NOTE: Deadline. Reports.>> more than $500,000 of the funds
authorized to be appropriated by section 3101(a)(2) for defense nuclear
nonproliferation activities may be obligated or expended to establish a
center of excellence in a country that is not a state of the former
Soviet Union until the date that is 15 days after the date on which the
Administrator for Nuclear Security submits to the congressional defense
committees a report that includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
(B) the percentage of the total cost of establishing
and operating the center the funds described in
subparagraph (A) will cover.
SEC. 3124. <<NOTE: 50 USC 2814.>> DEPARTMENT OF ENERGY ENERGY
PARKS PROGRAM.
(a) In General.--The Secretary of Energy may establish a program to
permit the establishment of energy parks on former defense nuclear
facilities.
(b) Objectives.--The objectives for establishing energy parks
pursuant to subsection (a) are the following:
(1) To provide locations to carry out a broad range of
projects relating to the development and deployment of energy
technologies and related advanced manufacturing technologies.
(2) To provide locations for the implementation of pilot
programs and demonstration projects for new and developing
energy technologies and related advanced manufacturing
technologies.
(3) To set a national example for the development and
deployment of energy technologies and related advanced
manufacturing technologies in a manner that will promote energy
security, energy sector employment, and energy independence.
(4) To create a business environment that encourages
collaboration and interaction between the public and private
sectors.
(c) Consultation.--In establishing an energy park pursuant to
subsection (a), the Secretary shall consult with--
(1) the local government with jurisdiction over the land on
which the energy park will be located;
[[Page 124 STAT. 4516]]
(2) the local governments of adjacent areas; and
(3) any community reuse organization recognized by the
Secretary at the former defense nuclear facility on which the
energy park will be located.
(d) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the implementation of the program
under subsection (a). The report shall include such recommendations for
additional legislative actions as the Secretary considers appropriate to
facilitate the development of energy parks on former defense nuclear
facilities.
(e) Defense Nuclear Facility Defined.--In this section, the term
``defense nuclear facility'' has the meaning given the term ``Department
of Energy defense nuclear facility'' in section 318 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286g).
Subtitle C--Reports
SEC. 3131. REPORT ON GRADED SECURITY PROTECTION POLICY.
(a) Report.--Not later than February 1, 2011, the Secretary of
Energy shall submit to the congressional defense committees a report on
the implementation of the graded security protection policy of the
Department of Energy.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A comprehensive plan and schedule (including any
benchmarks, milestones, or other deadlines) for implementing the
graded security protection policy.
(2) An explanation of the current status of the graded
security protection policy for each site with respect to the
comprehensive plan under paragraph (1).
(3) An explanation of the Secretary's objective end-state
for implementation of the graded security protection policy
(such end-state explanation shall include supporting
justification and rationale to ensure that robust and adaptive
security measures meet the graded security protection policy
requirements).
(4) Identification of each site that has received an
exception or waiver to the graded security protection policy,
including the justification for each such exception or waiver.
(5) A schedule for ``force-on-force'' exercises that the
Secretary considers necessary to maintain operational readiness.
(6) A description of a program that will provide proper
training and equipping of personnel to a certifiable standard.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
[[Page 124 STAT. 4517]]
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2011,
$28,640,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $23,614,000 for fiscal year 2011 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2011.
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Research authority.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR
FISCAL YEAR 2011.
Funds are hereby authorized to be appropriated for fiscal year 2011,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
Maritime Administration programs associated with maintaining national
security aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $100,020,000, of which--
(A) $63,120,000 shall remain available until
expended for Academy operations;
(B) $6,000,000 shall remain available until expended
for refunds to Academy midshipmen for improperly charged
fees; and
(C) $30,900,000 shall remain available until
expended for capital improvements at the Academy.
(2) For expenses necessary to support the State maritime
academies, $15,007,000, of which--
[[Page 124 STAT. 4518]]
(A) $2,000,000 shall remain available until expended
for student incentive payments;
(B) $2,000,000 shall remain available until expended
for direct payments to such academies; and
(C) $11,007,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of the
United States under chapter 531 of title 46, United States Code,
$174,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $60,000,000, of which $3,688,000 shall
remain available until expended for administrative expenses of
the program.
SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
Chapter 531 of title 46, United States Code, is amended--
(1) in section 53104(a), by striking ``2015'' and inserting
``2025'';
(2) in section 53106(a)(1)(C), by striking ``for each fiscal
years 2012, 2013, 2014, and 2015'' and inserting ``for each of
fiscal years 2012 though 2025''; and
(3) in section 53111(3), by striking ``2015'' and inserting
``2025''.
SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY NOMINATIONS OF
RESIDENTS OF THE NORTHERN MARIANA
ISLANDS.
Section 51302(b) of title 46, United States Code, is amended--
(1) in paragraph (3), by inserting ``the Northern Mariana
Islands,'' after ``Guam,''; and
(2) by striking paragraph (5) and redesignating paragraph
(6) as paragraph (5).
SEC. 3504. RESEARCH AUTHORITY.
Section 51301 title 46, United States Code, is amended--
(1) by inserting ``as an institution of higher education''
after ``Academy''; and
(2) by striking ``States.'' and inserting ``States, to
conduct research with respect to maritime-related matters, and
to provide such other appropriate academic support, assistance,
[[Page 124 STAT. 4519]]
training, and activities in accordance with the provisions of
this chapter as the Secretary may authorize.''.
Approved January 7, 2011.
LEGISLATIVE HISTORY--H.R. 6523:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
Dec. 17, considered and passed House.
Dec. 22, considered and passed Senate, amended. House
concurred in Senate amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011):
Jan. 7, Presidential statement.
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