" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

2d Session 

HASC NO. 

5 

IKE SKELTON 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2011 

COMMITTEE PRINT 

OF THE

COMMITTEE ON ARMED SERVICES 

HOUSE OF REPRESENTATIVES 

LEGISLATIVE TEXT AND 

JOINT EXPLANATORY STATEMENT 

TO ACCOMPANY

H.R. 6523 

PUBLIC LAW 111–383 

DECEMBER 2010 


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IKE SKELTON NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

63–160 

" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

2d Session 

HASC NO. 

2011

5 

IKE SKELTON 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2011 

COMMITTEE PRINT 

OF THE

COMMITTEE ON ARMED SERVICES 

HOUSE OF REPRESENTATIVES 

LEGISLATIVE TEXT AND 

JOINT EXPLANATORY STATEMENT 

TO ACCOMPANY

H.R. 6523 

PUBLIC LAW 111–383 

DECEMBER 2010 


pwalker on DSKD5P82C1PROD with HEARINGcongress.#13
(II) 

HOUSE COMMITTEE ON ARMED SERVICES 

ONE HUNDRED ELEVENTH CONGRESS

IKE SKELTON, Missouri, Chairman 

JOHN SPRATT, South Carolina 

SOLOMON P. ORTIZ, Texas 

GENE TAYLOR, Mississippi 

SILVESTRE REYES, Texas 

VIC SNYDER, Arkansas 

ADAM SMITH, Washington 

LORETTA SANCHEZ, California 

MIKE McINTYRE, North Carolina 

ROBERT A. BRADY, Pennsylvania 

ROBERT ANDREWS, New Jersey 

SUSAN A. DAVIS, California 

JAMES R. LANGEVIN, Rhode Island 

RICK LARSEN, Washington 

JIM COOPER, Tennessee 

JIM MARSHALL, Georgia 

MADELEINE Z. BORDALLO, Guam 

BRAD ELLSWORTH, Indiana 

CAROL SHEA-PORTER, New Hampshire 

JOE COURTNEY, Connecticut 

DAVID LOEBSACK, Iowa 

JOE SESTAK, Pennsylvania 

GABRIELLE GIFFORDS, Arizona 

NIKI TSONGAS, Massachusetts 

GLENN NYE, Virginia 

CHELLIE PINGREE, Maine 

LARRY KISSELL, North Carolina 

MARTIN HEINRICH, New Mexico 

FRANK M. KRATOVIL, JR., Maryland 

BOBBY BRIGHT, Alabama 

SCOTT MURPHY, New York 

WILLIAM L. OWENS, New York 

JOHN GARAMENDI, California 

MARK S. CRITZ, Pennsylvania 

LEONARD L. BOSWELL, Iowa 

DAN BOREN, Oklahoma 

HANK JOHNSON, Georgia 

HOWARD P. ‘‘BUCK’’ McKEON, California 

ROSCOE G. BARTLETT, Maryland 

MAC THORNBERRY, Texas 

WALTER B. JONES, North Carolina 

W. TODD AKIN, Missouri 

J. RANDY FORBES, Virginia 

JEFF MILLER, Florida 

JOE WILSON, South Carolina 

FRANK A. LOBIONDO, New Jersey 

ROB BISHOP, Utah 

MICHAEL TURNER, Ohio 

JOHN KLINE, Minnesota 

MIKE ROGERS, Alabama 

TRENT FRANKS, Arizona 

CATHY MCMORRIS RODGERS, Washington 

K. MICHAEL CONAWAY, Texas 

DOUG LAMBORN, Colorado 

ROB WITTMAN, Virginia 

MARY FALLIN, Oklahoma 

DUNCAN HUNTER, California 

JOHN C. FLEMING, Louisiana 

MIKE COFFMAN, Colorado 

THOMAS J. ROONEY, Florida 

TODD RUSSELL PLATTS, Pennsylvania 

CHARLES K. DJOU, Hawaii 

PAUL ARCANGELI, Staff Director 

ZACH STEACY, Director of Legislative Operations 


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(III)

NOTE FROM THE DIRECTOR OF LEGISLATIVE OPERATIONS

This committee print consists of the enrolled text and explanatory material for the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (H.R. 6523; Public Law 111–383). 

This Act and the material found in this committee print are the 

product of an agreement between the Chairman of the House Committee on Armed Services and the Chairman and Ranking Member 

of the Senate Committee on Armed Services on the reconciliation 

of H.R. 5136, as passed by the House of Representatives on May 

28, 2010, and S. 3454, as reported out of committee on June 4, 

2010. The Ranking Minority Member of the House Committee on 

Armed Services did not fully participate in the agreement. The negotiated agreement was introduced as an original bill by Chairman 

Ike Skelton on December 15, 2010, and was considered and passed, 

as amended, under suspension of the Rules of the House of Representatives on December 17, 2010, by a vote of 341–48. The Senate passed the bill with an amendment offered by Chairman Carl 

Levin and Ranking Member John McCain by unanimous consent 

on December 22, 2010. The House concurred in the Senate amendment and passed H.R. 6523 the same day, December 22, 2010. The 

President signed the legislation on January 7, 2011, and it became 

Public Law 111–383. 

Because the text of H.R. 6523 was negotiated prior to introduction and the agreed-upon language was introduced as an original 

bill, there is no conference report and no formal ‘‘joint explanatory 

statement of the managers’’ for H.R. 6523. Instead, the following 

committee print is intended to show congressional intent and maintain legislative history. 

In this committee print, the provisions of H.R. 5136, the Housepassed version of the National Defense Authorization Act for Fiscal 

Year 2011, are generally referred to as ‘‘the House bill.’’ The provisions of S. 3454, the Senate Committee on Armed Services committee-reported version of the National Defense Authorization Act 

for Fiscal Year 2011, are generally referred to as ‘‘the Senate committee-reported bill.’’ The final form of the agreements reached during negotiations between the House and the Senate are referred to 

as ‘‘the agreement.’’ Unless required as a part of the agreement 

reached during negotiations between the House and the Senate, 

this committee print does not include explanatory sections for provisions in H.R. 5136 or S. 3454 that were not adopted as the final 

agreement. 

The following pages are organized in the manner of a traditional 

conference report. 


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(V) 

C O N T E N T S 

Page 

JOINT EXPLANATORY STATEMENT TO ACCOMPANY H.R. 6523 ............... 389 

Explanation of funding summary .................................................................... 389 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 395 

TITLE I—PROCUREMENT ................................................................................... 395 

Subtitle A—Authorization of Appropriations ................................................. 395 

Authorization of appropriations (secs. 101–104) ..................................... 395 

Subtitle B—Navy Programs ............................................................................ 395 

Multiyear funding for detail design and construction of LHA Replacement ship designated LHA–7 (sec. 111) .............................................. 395 

Requirement to maintain Navy airborne signals intelligence, surveillance, and reconnaissance capabilities (sec. 112) ................................ 395 

Report on naval force structure and missile defense (sec. 113) ............. 396 

Reports on service-life extension of F/A–18 aircraft by the Department of the Navy (sec. 114) .................................................................. 396 

Subtitle C—Joint and Multiservice Matters .................................................. 396 

Limitations on biometric systems funds (sec. 121) ................................. 396 

System management plan and matrix for the F–35 Joint Strike 

Fighter aircraft program (sec. 122) ...................................................... 396 

Quarterly reports on use of Combat Mission Requirements funds 

(sec. 123) ................................................................................................. 397 

Counter-improvised explosive device initiatives database (sec. 124) .... 397 

Study on lightweight body armor solutions (sec. 125) ........................... 397 

Integration of solid state laser systems into certain aircraft (sec. 

126) ......................................................................................................... 398 

Contracts for commercial imaging satellite capacities (sec. 127) .......... 398 

Legislative Provisions Not Adopted ................................................................ 398 

Report on Army battlefield network plans and programs ..................... 398 

Limitation on the use of funds for line-haul tractors ............................. 399 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION .......... 400 

Subtitle A—Authorization of Appropriations ................................................. 400 

Authorization of appropriations (sec. 201) .............................................. 400 

Subtitle B—Program Requirements, Restrictions, and Limitations ............ 400 

Enhancement of Department of Defense support of science, mathematics, and engineering education (sec. 211) ...................................... 400 

Limitation on use of funds by Defense Advanced Research Projects 

Agency for operation of National Cyber Range (sec. 212) .................. 400 

Separate program elements required for research and development 

of Joint Light Tactical Vehicle (sec. 213) ............................................. 400 

Program for research, development, and deployment of advanced 

ground vehicles, ground vehicle systems, and components (sec. 

214) ......................................................................................................... 400 

Demonstration and pilot projects on cybersecurity (sec. 215) ............... 401 

Subtitle C—Missile Defense Programs ........................................................... 401 

Sense of Congress on ballistic missile defense (sec. 221) ....................... 401 

Repeal of prohibition of certain contracts by Missile Defense Agency 

with foreign entities (sec. 222) .............................................................. 401 

Limitation on availability of funds for missile defense interceptors 

in Europe (sec. 223) ............................................................................... 401 

Medium Extended Air Defense System (sec. 224) .................................. 402 

Acquisition accountability reports on the ballistic missile defense system (sec. 225) ......................................................................................... 402 

Authority to support ballistic missile shared early warning with the 

Czech Republic (sec. 226) ...................................................................... 403 


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VI 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued 

Subtitle C—Missile Defense Programs—Continued 

Report on Phased, Adaptive Approach to missile defense in Europe 

(sec. 227) ................................................................................................. 403 

Independent review and assessment of the Ground-based Midcourse 

Defense system (sec. 228) ...................................................................... 403 

Iron Dome short-range rocket defense system (sec. 229) ....................... 403 

Subtitle D—Reports ......................................................................................... 403 

Report on analysis of alternatives and program requirements for 

the Ground Combat Vehicle program (sec. 231) ................................. 403 

Cost benefit analysis of future tank-fired munitions (sec. 232) ............ 404 

Annual Comptroller General report on the VH–(XX) presidential helicopter acquisition program (sec. 233) ................................................... 404 

Subtitle E—Other Matters .............................................................................. 404 

Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies (sec. 241) ............................................................... 404 

Pilot program on collaborative energy security (sec. 242) ..................... 404 

Pilot program to include technology protection features during research and development of defense systems (sec. 243) ....................... 405 

Legislative Provision Not Adopted .................................................................. 405 

Joint assessment of the joint effects targeting system ........................... 405 

TITLE III—OPERATION AND MAINTENANCE ................................................ 405 

Subtitle A—Authorization of Appropriations ................................................. 405 

Authorization of appropriations (sec. 301) .............................................. 405 

Subtitle B—Energy and Environmental Provisions ...................................... 405 

Reimbursement of Environmental Protection Agency for certain costs 

in connection with the Twin Cities Army Ammunition Plant, Minnesota (sec. 311) ..................................................................................... 405 

Payment to Environmental Protection Agency of stipulated penalties 

in connection with Naval Air Station, Brunswick, Maine (sec. 312) . 406 

Requirements related to the investigation of exposure to drinking 

water contamination at Camp Lejeune, North Carolina (sec. 313) ... 406 

Comptroller General assessment on military environmental exposures (sec. 314) ....................................................................................... 407 

Subtitle C—Workplace and Depot Issues ....................................................... 407 

Technical amendments to requirement for service contract inventory 

(sec. 321) ................................................................................................. 407 

Repeal of conditions on expansion of functions performed under 

prime vendor contracts for depot-level maintenance and repair (sec. 

322) ......................................................................................................... 407 

Prohibition on establishing goals or quotas for conversion of functions 

to performance by Department of Defense civilian employees (sec. 

323) ......................................................................................................... 408 

Subtitle D—Reports ......................................................................................... 408 

Additional reporting requirements relating to corrosion prevention 

projects and activities (sec. 331) ........................................................... 408 

Modification and repeal of certain reporting requirements (sec. 332) .. 408 

Report on Air Sovereignty Alert mission (sec. 333) ................................ 409 

Report on the SEAD/DEAD mission requirement for the Air Force 

(sec. 334) ................................................................................................. 409 

Requirement to update study on strategic seaports (sec. 335) .............. 409 

Subtitle E—Limitations and Extensions of Authority ................................... 409 

Permanent authority to accept and use landing fees charged for 

use of domestic military airfields by civil aircraft (sec. 341) ............. 409 

Extension of the Arsenal Support Program Initiative (sec. 342) ........... 410 

Limitation on obligation of funds for the Army Human Terrain System (sec. 343) ......................................................................................... 410 

Limitation on obligation of funds pending submission of classified 

justification material (sec. 344) ............................................................ 410 

Requirements for transferring aircraft within the Air Force inventory 

(sec. 345) ................................................................................................. 410 

Commercial sale of small arms ammunition in excess of military 

requirements (sec. 346) ......................................................................... 411 

Subtitle F—Other Matters ............................................................................... 411 


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VII 

TITLE III—OPERATION AND MAINTENANCE—Continued 

Subtitle F—Other Matters—Continued 

Expedited processing of background investigations for certain individuals (sec. 351) ......................................................................................... 411 

Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when 

space available on commercial lines (sec. 352) .................................... 412 

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. 353) ......................... 412 

Authority for payment of full replacement value for loss or damage 

to household goods in limited cases not covered by carrier liability 

(sec. 354) ................................................................................................. 412 

Recovery of improperly disposed of defense property (sec. 355) ............ 412 

Operational readiness models (sec. 356) ................................................. 412 

Sense of Congress regarding continued importance of High-Altitude 

Aviation Training Site, Colorado (sec. 357) ......................................... 413 

Study of effects of new construction of obstructions on military installations and operations (sec. 358) .......................................................... 413 

Legislative Provisions Not Adopted ................................................................ 414 

Depot level maintenance and recapitalization parts supply .................. 414 

Pilot program on best value for contracts for private security functions ........................................................................................................ 414 

Additional limitation on indemnification of United States with respect to articles and services sold by working-capital funded army 

industrial facilities and arsenals outside the Department of Defense ........................................................................................................ 415 

Report on use of domestically-produced alternative fuels or technologies by vehicles of the Department of Defense ............................. 415 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................... 416 

Subtitle A—Active Forces ................................................................................ 516 

End strengths for active forces (sec. 401) ................................................ 416 

Revision in permanent active duty end strength minimum levels 

(sec. 402) ................................................................................................. 416 

Subtitle B—Reserve Forces ............................................................................. 416 

End strengths for Selected Reserve (sec. 411) ........................................ 416 

End strengths for reserves on active duty in support of the reserves 

(sec. 412) ................................................................................................. 417 

End strengths for military technicians (dual status) (sec. 413) ............ 417 

Fiscal year 2011 limitation on number of non-dual status technicians 

(sec. 414) ................................................................................................. 418 

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415) ................................................ 418 

Subtitle C—Authorization of Appropriations ................................................. 419 

Military personnel (sec. 421) .................................................................... 419 

TITLE V—MILITARY PERSONNEL POLICY ..................................................... 419 

Subtitle A—Officer Personnel Policy Generally ............................................. 419 

Ages for appointment and mandatory retirement for health professions officers (sec. 501) .......................................................................... 419 

Authority for appointment of warrant officers in the grade of W– 

1 by commission and standardization of warrant officer appointing 

authority (sec. 502) ................................................................................ 419 

Nondisclosure of information from discussions, deliberations, notes, 

and records of special selection boards (sec. 503) ............................... 419 

Administrative removal of officers from promotion list (sec. 504) ........ 420 

Modification of authority for officers selected for appointment to general and flag officer grades to wear insignia of higher grade before 

appointment (sec. 505) .......................................................................... 420 

Temporary authority to reduce minimum length of active service 

as a commissioned officer required for voluntary retirement as 

an officer (sec. 506) ................................................................................ 420 

Subtitle B—Reserve Component Management .............................................. 421 

Removal of statutory distribution limits on Navy reserve flag officer 

allocation (sec. 511) ................................................................................ 421 

Assignment of Air Force Reserve military technicians (dual status) 

to positions outside Air Force Reserve unit program (sec. 512) ........ 421 


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TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle B—Reserve Component Management—Continued 

Temporary authority for temporary employment of non-dual status 

military technicians (sec. 513) .............................................................. 421 

Revision of structure and functions of the Reserve Forces Policy 

Board (sec. 514) ...................................................................................... 421 

Repeal of requirement for new oath when officers transfer from active-duty list to reserve active-status list (sec. 515) ........................... 422 

Leave of members of the reserve components of the armed forces 

(sec. 516) ................................................................................................. 422 

Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard (sec. 517) ............................... 422 

Subtitle C—Joint Qualified Officers and Requirements ............................... 422 

Technical revisions to definition of joint matters for purposes of joint 

officer management (sec. 521) .............................................................. 422 

Modification of promotion board procedures for joint qualified officers 

and officers with joint staff experience (sec. 522) ............................... 423 

Subtitle D—General Service Authorities ........................................................ 423 

Extension of temporary authority to order retired members of the 

armed forces to active duty in high-demand, low-density assignments (sec. 531) ..................................................................................... 423 

Non-chargeable rest and recuperation absence for certain members 

undergoing extended deployment to a combat zone (sec. 532) ........... 423 

Correction of military records (sec. 533) .................................................. 424 

Disposition of members found to be fit for duty who are not suitable 

for deployment or worldwide assignment for medical reasons (sec. 

534) ......................................................................................................... 424 

Review of laws, policies, and regulations restricting service of female 

members of the armed forces (sec. 535) ............................................... 425 

Subtitle E—Military Justice and Legal Matters ............................................ 425 

Continuation of warrant officers on active duty to complete disciplinary action (sec. 541) ............................................................................. 425 

Enhanced authority to punish contempt in military justice proceedings (sec. 542) .................................................................................. 425 

Improvements to Department of Defense domestic violence programs 

(sec. 543) ................................................................................................. 426 

Subtitle F—Member Education and Training Opportunities and Administration ............................................................................................................ 426 

Enhancements of Department of Defense undergraduate nurse training program (sec. 551) ........................................................................... 426 

Repayment of education loan repayment benefits (sec. 552) ................. 426 

Participation of Armed Forces Health Professions Scholarship and 

Financial Assistance Program recipients in active duty health profession loan repayment program (sec. 553) ......................................... 426 

Active duty obligation for military academy graduates who participate in the Armed Forces Health Professions Scholarship and Financial Assistance Program (sec. 554) ................................................. 427 

Subtitle G—Defense Dependents’ Education ................................................. 427 

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. 561) ................................ 427 

Continuation of authority to assist local educational agencies that 

benefit dependents of members of the armed forces and Department of Defense civilian employees (sec. 562) ..................................... 427 

Impact aid for children with severe disabilities (sec. 563) ..................... 428 

Subtitle H—Decorations and Awards ............................................................. 428 

Clarification of persons eligible for awards of Bronze Star medal 

(sec. 571) ................................................................................................. 428 

Authorization and request for award of Distinguished-Service Cross 

to Shinyei Matayoshi for acts of valor during World War II (sec. 

572) ......................................................................................................... 428 

Authorization and request for award of Distinguished-Service Cross 

to Jay C. Copley for acts of valor during the Vietnam War (sec. 

573) ......................................................................................................... 429 

Program to commemorate 60th anniversary of the Korean War (sec. 

574) ......................................................................................................... 429 

Subtitle I—Military Family Readiness Matters ............................................ 429 


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TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle I—Military Family Readiness Matters—Continued 

Appointment of additional members of Department of Defense Military Family Readiness Council (sec. 581) ............................................ 429 

Enhancement of community support for military families with special 

needs (sec. 582) ...................................................................................... 429 

Modification of Yellow Ribbon Reintegration Program (sec. 583) ......... 430 

Expansion and continuation of the Joint Family Support Assistance 

Program (sec. 584) ................................................................................. 430 

Report on military spouse education programs (sec. 585) ..................... 430 

Report on enhancing benefits available for military dependent children with special education needs (sec. 586) ....................................... 431 

Reports on child development centers and financial assistance for 

child care for members of the armed forces (sec. 587) ........................ 431 

Subtitle J—Other Matters ............................................................................... 431 

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. 591) .................................. 431 

Increase in number of private sector civilians authorized for admission to the National Defense University (sec. 592) ............................. 431 

Admission of defense industry civilians to attend United States Air 

Force Institute of Technology (sec. 593) ............................................... 432 

Updated terminology for the Army Medical Service Corps (sec. 594) .. 432 

Date of submission of annual report on Department of Defense 

STARBASE program (sec. 595) ............................................................ 432 

Extension of deadline of submission of final report of Military Leadership Diversity Commission (sec. 596) ............................................... 432 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS .......... 432 

Subtitle A—Pay and Allowances ..................................................................... 432 

Ineligibility of certain federal civilian employees for reservist income 

replacement payments on account of availability of comparable 

benefits under another program (sec. 601) .......................................... 432 

Subtitle B—Bonuses and Special and Incentive Pays ................................... 433 

One-year extension of certain bonus and special pay authorities for 

reserve forces (sec. 611) ......................................................................... 433 

One-year extension of certain bonus and special pay authorities for 

health care professionals (sec. 612) ...................................................... 433 

One-year extension of special pay and bonus authorities for nuclear 

officers (sec. 613) .................................................................................... 433 

One-year extension of authorities relating to title 37 consolidated 

special pay, incentive pay, and bonus authorities (sec. 614) .............. 434 

One-year extension of authorities relating to payment of other title 

37 bonuses and special pays (sec. 615) ................................................ 434 

One-year extension of authorities relating to payment of referral 

bonuses (sec. 616) .................................................................................. 434 

Subtitle C—Travel and Transportation Allowances ...................................... 434 

Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting distances (sec. 621) ..................................................................................... 434 

Travel and transportation allowances for attendance at Yellow Ribbon Reintegration events (sec. 622) ...................................................... 435 

Subtitle D—Disability, Retired Pay and Survivor Benefits .......................... 435 

Elimination of cap on retired pay multiplier for members with greater than 30 years of service who retire for disability (sec. 631) .......... 435 

Payment date for retired and retainer pay (sec. 632) ............................ 435 

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. 633) ..................... 435 

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. 634) ... 436 

Sense of Congress concerning age and service requirements for retired pay for non-regular service (sec. 635) ......................................... 436 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits and Operations ............................................................................... 436 


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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits and Operations—Continued 

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. 641) ...................................... 436 

Feasibility study on establishment of full exchange store in the 

Northern Mariana Islands (sec. 642) ................................................... 437 

Continuation of commissary and exchange operations at Brunswick 

Naval Air Station, Maine (sec. 643) ..................................................... 437 

Subtitle F—Other Matters ............................................................................... 437 

Report on basic allowance for housing for personnel assigned to sea 

duty (sec. 651) ........................................................................................ 437 

Report on savings from enhanced management of special pay for 

aviation career officers extending period of active duty (sec. 652) .... 438 

Legislative Provision Not Adopted .................................................................. 438 

Increase in maximum amount of special pay for duty subject to 

hostile fire or imminent danger or for duty in foreign area designated as an imminent danger area ................................................... 438 

TITLE VII—HEALTH CARE PROVISIONS ......................................................... 439 

Subtitle A—Improvements to Health Benefits .............................................. 439 

Extension of prohibition on increases in certain health care costs 

(sec. 701) ................................................................................................. 439 

Extension of dependent coverage under the TRICARE program (sec. 

702) ......................................................................................................... 439 

Survivor dental benefits (sec. 703) ........................................................... 439 

Aural screenings for members of the armed forces (sec. 704) ............... 439 

Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program (sec. 705) ...................... 440 

Subtitle B—Health Care Administration ....................................................... 440 

Administration of TRICARE (sec. 711) .................................................... 440 

Postdeployment health reassessments for purposes of the medical 

tracking system for members of the armed forces deployed overseas 

(sec. 712) ................................................................................................. 440 

Clarification of licensure requirements applicable to military healthcare professionals who are members of the National Guard performing certain duty while in state status (sec. 713) ......................... 441 

Improvements to oversight of medical training for Medical Corps 

officers (sec. 714) .................................................................................... 441 

Health information technology (sec. 715) ................................................ 441 

Education and training on use of pharmaceuticals in rehabilitation 

programs for wounded warriors (sec. 716) ........................................... 441 

Subtitle C—Other Matters .............................................................................. 442 

Repeal of report requirement on separations resulting from refusal 

to participate in anthrax vaccine immunization program (sec. 721) . 442 

Comprehensive policy on consistent neurological cognitive assessments of members of the armed forces before and after deployment 

(sec. 722) ................................................................................................. 442 

Assessment of post-traumatic stress disorder by military occupation 

(sec. 723) ................................................................................................. 442 

Licensed mental health counselors and the TRICARE program (sec. 

724) ......................................................................................................... 443 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS ......................................................................................... 443 

Subtitle A—Acquisition Policy and Management .......................................... 443 

Disclosure to litigation support contractors (sec. 801) ........................... 443 

Designation of engine development and procurement program as 

major subprogram (sec. 802) ................................................................. 443 

Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies (sec. 803) ........................................ 444 

Review of acquisition process for rapid fielding of capabilities in 

response to urgent operational needs (sec. 804) .................................. 444 

Acquisition of major automated information system programs (sec. 

805) ......................................................................................................... 444 

Requirements for information relating to supply chain risk (sec. 806) 444 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS—Continued 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs ... 445 

Cost estimates for program baselines and contract negotiations for 

major defense acquisition and major automated information system 

programs (sec. 811) ................................................................................ 445 

Management of manufacturing risk in major defense acquisition programs (sec. 812) ..................................................................................... 445 

Modification and extension of requirements of Weapon Systems Acquisition Reform Act of 2009 (sec. 813) ................................................ 445 

Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements (sec. 814) ..... 445 

Subtitle C—Amendments to General Contracting Authorities, Procedures, 

and Limitations ............................................................................................. 446 

Provisions relating to fire resistant fiber for production of military 

uniforms (sec. 821) ................................................................................. 446 

Repeal of requirement for certain procurements from firms in the 

small arms production industrial base (sec. 822) ................................ 446 

Review of regulatory definition relating to production of specialty 

metals (sec. 823) ..................................................................................... 446 

Guidance relating to rights in technical data (sec. 824) ........................ 446 

Extension of sunset date for certain protests of task and delivery 

order contracts (sec. 825) ...................................................................... 447 

Inclusion of option amounts in limitations on authority of the Department of Defense to carry out certain prototype projects (sec. 826) ... 447 

Permanent authority for Defense Acquisition Challenge Program; 

pilot expansion of Program (sec. 827) .................................................. 447 

Energy savings performance contracts (sec. 828) ................................... 447 

Definition of materials critical to national security (sec. 829) ............... 448 

Subtitle D—Contractor Matters ...................................................................... 448 

Oversight and accountability of contractors performing private security functions in areas of combat operations (sec. 831) ...................... 448 

Extension of regulations on contractors performing private security 

functions to areas of other significant military operations (sec. 

832) ......................................................................................................... 448 

Standards and certification for private security contractors (sec. 833) 449 

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. 834) ...................................................... 449 

Annual joint report and Comptroller General review on contracting 

in Iraq and Afghanistan (sec. 835) ....................................................... 449 

Subtitle E—Other Matters .............................................................................. 450 

Improvements to structure and functioning of Joint Requirements 

Oversight Council (sec. 841) ................................................................. 450 

Department of Defense policy on acquisition and performance of sustainable products and services (sec. 842) ............................................. 450 

Assessment and plan for critical rare earth materials in defense 

applications (sec. 843) ............................................................................ 450 

Review of national security exception to competition (sec. 844) ............ 450 

Requirement for entities with facility clearances that are not under 

foreign ownership control or influence mitigation (sec. 845) ............. 451 

Procurement of photovoltaic devices (sec. 846) ....................................... 451 

Non-availability exception from Buy American requirements for procurement of hand or measuring tools (sec. 847) .................................. 451 

Contractor logistics support of contingency operations (sec. 848) ......... 452 

Subtitle F—Improve Acquisition Act .............................................................. 452 

Short title (sec. 860) .................................................................................. 452 

Part I—Defense Acquisition System ........................................................... 452 

Improvements to the management of the defense acquisition system 

(sec. 861) ................................................................................................. 452 

Comptroller General report on Joint Capabilities Integration and 

Development System (sec. 862) ............................................................ 452 

Requirements for the acquisition of services (sec. 863) .......................... 453 

Review of defense acquisition guidance (sec. 864) .................................. 453 

Requirement to review references to services acquisition throughout 

the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement (sec. 865) .............................................. 453 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS—Continued 

Part I—Defense Acquisition System—Continued 

Pilot program on acquisition of military purpose nondevelopmental 

items (sec. 866) ...................................................................................... 454 

Part II—Defense Acquisition Workforce ..................................................... 454 

Acquisition workforce excellence (sec. 871) ............................................. 454 

Amendments to the acquisition workforce demonstration project (sec. 

872) ......................................................................................................... 454 

Career development for civilian and military personnel in the acquisition workforce (sec. 873) ........................................................................ 454 

Recertification and training requirements (sec. 874) ............................. 455 

Information technology acquisition workforce (sec. 875) ....................... 455 

Definition of acquisition workforce (sec. 876) ......................................... 455 

Defense Acquisition University curriculum review (sec. 877) ............... 455 

Part III—Financial Management ................................................................ 455 

Audit readiness of financial statements of the Department of Defense 

(sec. 881) ................................................................................................. 455 

Review of obligation and expenditure thresholds (sec. 882) .................. 456 

Disclosure and traceability of the cost of Department of Defense 

health care contracts (sec. 883) ............................................................ 456 

Part IV—Industrial Base ............................................................................. 457 

Expansion of the industrial base (sec. 891) ............................................. 457 

Price trend analysis for supplies and equipment purchased by the 

Department of Defense (sec. 892) ......................................................... 457 

Contractor business systems (sec. 893) ................................................... 457 

Review and recommendations on eliminating barriers to contracting 

with the Department of Defense (sec. 894) .......................................... 458 

Inclusion of providers of services and information technology in the 

national technology and industrial base (sec. 895) ............................. 458 

Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy; Industrial Base Fund (sec. 896) .............................. 458 

Legislative Provisions Not Adopted ................................................................ 458 

Clothing allowance requirement .............................................................. 458 

Cost estimating internship and scholarship programs .......................... 459 

Debarment of BP and its subsidiaries ..................................................... 459 

Incentive programs for civilian and military personnel in the acquisition workforce ........................................................................................ 459 

Penalties for not providing information to contractor databases on 

Iraq and Afghanistan ............................................................................ 460 

Prohibition on contracts with entities engaging in commercial activity 

in the energy sector of Iran .................................................................. 460 

Sense of Congress regarding cost savings through reductions in 

waste, fraud, and abuse ........................................................................ 460 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT .................................................................................................................... 461 

Subtitle A—Department of Defense Management ......................................... 461 

Reorganization of Office of the Secretary of Defense to carry out 

reduction required by law in number of Deputy Under Secretaries 

of Defense (sec. 901) .............................................................................. 461 

Subtitle B—Space Activities ............................................................................ 461 

Integrated space architectures (sec. 911) ................................................ 461 

Limitation on use of funds for costs of terminating contracts under 

the National Polar-Orbiting Operational Environmental Satellite 

System program (sec. 912) .................................................................... 461 

Limitation on use of funds for purchasing Global Positioning System 

user equipment (sec. 913) ..................................................................... 462 

Plan for integration of space-based nuclear detection sensors (sec. 

914) ......................................................................................................... 462 

Preservation of the solid rocket motor industrial base (sec. 915) ......... 462 

Implementation plan to sustain solid rocket motor industrial base 

(sec. 916) ................................................................................................. 463 

Review and plan on sustainment of liquid rocket propulsion systems 

industrial base (sec. 917) ....................................................................... 463 

Subtitle C—Intelligence-Related Matters ....................................................... 463 


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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT—Continued 

Subtitle C—Intelligence-Related Matters—Continued 

Five-year extension of authority for Secretary of Defense to engage 

in commercial activities as security for intelligence collection activities (sec. 921) .......................................................................................... 463 

Modification of attendees at proceedings of Intelligence, Surveillance, 

and Reconnaissance Integration Council (sec. 922) ............................ 464 

Report on Department of Defense interservice management and coordination of remotely piloted aircraft support of intelligence, surveillance, and reconnaissance (sec. 923) .............................................. 464 

Report on requirements fulfillment and personnel management relating to Air Force intelligence, surveillance, and reconnaissance provided by remotely piloted aircraft (sec. 924) ....................................... 464 

Subtitle D—Cyber Warfare, Cyber Security, and Related Matters .............. 464 

Continuous monitoring of Department of Defense information systems for cybersecurity (sec. 931) .......................................................... 464 

Strategy on computer software assurance (sec. 932) .............................. 465 

Strategy for acquisition and oversight of Department of Defense 

cyber warfare capabilities (sec. 933) .................................................... 465 

Report on the cyber warfare policy of the Department of Defense 

(sec. 934) ................................................................................................. 465 

Reports on Department of Defense progress in defending the Department of Defense and the defense industrial base from cyber events 

(sec. 935) ................................................................................................. 466 

Subtitle E—Other Matters .............................................................................. 466 

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. 941) ................................................................................................. 466 

Additional Requirements for quadrennial roles and missions review 

in 2011 (sec. 942) ................................................................................... 466 

Report on organizational structure and policy guidance of the Department of Defense regarding information operations (sec. 943) ............ 466 

Report on organizational structures of the geographic combatant command headquarters (sec. 944) ............................................................... 467 

Legislative Provision Not Adopted .................................................................. 467 

Unified medical command ........................................................................ 467 

TITLE X—GENERAL PROVISIONS ..................................................................... 467 

Subtitle A—Financial Matters ........................................................................ 467 

General transfer authority (sec. 1001) .................................................... 467 

Authorization of additional appropriations for operations in Afghanistan, Iraq, and Haiti for fiscal year 2010 (sec. 1002) .......................... 468 

Budgetary effects of this Act (sec. 1003) ................................................. 468 

Subtitle B—Counter-Drug Activities .............................................................. 468 

Unified counter-drug and counterterrorism campaign in Colombia 

(sec. 1011) ............................................................................................... 468 

Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities (sec. 

1012) ....................................................................................................... 468 

Reporting requirement on expenditures to support foreign counterdrug activities (sec. 1013) ...................................................................... 469 

Support for counter-drug activities of certain foreign governments 

(sec. 1014) ............................................................................................... 469 

Notice to Congress on military construction projects for facilities 

of Department of Defense and foreign law enforcement agencies 

for counter-drug activities (sec. 1015) .................................................. 469 

Subtitle C—Naval Vessels and Shipyards ...................................................... 470 

Extension of authority for reimbursement of expenses for certain 

Navy mess operations (sec. 1021) ......................................................... 470 

Expressing the sense of Congress regarding the naming of a naval 

combat vessel after Father Vincent Capodanno (sec. 1022) ............... 470 

Requirements for long-range plan for construction of naval vessels 

(sec. 1023) ............................................................................................... 470 

Subtitle D—Counterterrorism ......................................................................... 471 

Extension of certain authority for making rewards for combating 

terrorism (sec. 1031) .............................................................................. 471 


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TITLE X—GENERAL PROVISIONS—Continued 

Subtitle D—Counterterrorism—Continued 

Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba (sec. 1032) ..................................................................................... 471 

Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities (sec. 1033) .......................................... 472 

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. 1034) ................ 473 

Comprehensive review of force protection policies (sec. 1035) .............. 473 

Subtitle E—Homeland Defense and Civil Support ........................................ 473 

Limitation on deactivation of existing Consequence Management Response Forces (sec. 1041) ...................................................................... 473 

Subtitle F—Studies and Reports ..................................................................... 473 

Interagency national security knowledge and skills (sec. 1051) ........... 473 

Report on establishing a Northeast Regional Joint Training Center 

(sec. 1052) ............................................................................................... 474 

Comptroller General report on previously requested reports (sec. 

1053) ....................................................................................................... 474 

Biennial report on nuclear triad (sec. 1054) ........................................... 474 

Comptroller General study on common alignment of world regions 

in departments and agencies with international responsibilities 

(sec. 1055) ............................................................................................... 474 

Required reports concerning bomber modernization, sustainment, and 

recapitalization efforts in support of the national defense strategy 

(sec. 1056) ............................................................................................... 475 

Comptroller General study and recommendations regarding security 

of southern land border of the United States (sec. 1057) ................... 476 

Subtitle G—Miscellaneous Authorities and Limitations ............................... 476 

Public availability of Department of Defense reports required by 

law (sec. 1061) ........................................................................................ 476 

Prohibition on infringing on the individual right to lawfully acquire, 

possess, own, carry, and otherwise use privately owned firearms, 

ammunition, and other weapons (sec. 1062) ....................................... 476 

Development of criteria and methodology for determining the safety 

and security of nuclear weapons (sec. 1063) ........................................ 476 

Subtitle H—Other Matters .............................................................................. 477 

National Defense Panel (sec. 1071) .......................................................... 477 

Sale of surplus military equipment to State and local homeland security and emergency management agencies (sec. 1072) ....................... 477 

Defense research and development rapid innovation program (sec. 

1073) ....................................................................................................... 477 

Authority to make excess nonlethal supplies available for domestic 

emergency assistance (sec. 1074) .......................................................... 478 

Technical and clerical amendments (sec. 1075) ...................................... 478 

Study on optimal balance of manned and remotely piloted aircraft 

(sec. 1076) ............................................................................................... 479 

Treatment of successor contingency operation to Operation Iraqi 

Freedom (sec. 1077) ............................................................................... 479 

Program to assess the utility of non-lethal weapons (sec. 1078) ........... 479 

Sense of Congress on nuclear force reductions (sec. 1079) .................... 479 

Legislative Provisions Not Adopted ................................................................ 480 

Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of 

outlays in defense budget function ....................................................... 480 

Department of Defense aerospace-related mishap safety investigation 

reports ..................................................................................................... 480 

Report on use of domestically-produced alternative fuels or technologies by vehicles of the Department of Defense ............................. 481 

Coordination of Federal Information Policy ............................................ 481 

TITLE XI—CIVILIAN PERSONNEL MATTERS ................................................. 482 

Clarification of authorities at personnel demonstration laboratories 

(sec. 1101) ............................................................................................... 482 

Requirements for Department of Defense senior mentors (sec. 1102) .. 482 


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TITLE XI—CIVILIAN PERSONNEL MATTERS—Continued 

One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian 

employees working overseas (sec. 1103) .............................................. 482 

Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel and care and 

treatment of wounded and injured members of the armed forces 

(sec. 1104) ............................................................................................... 483 

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. 1105) .................................... 483 

Legislative Provisions Not Adopted ................................................................ 483 

Designation of Space and Missile Defense Technical Center of the 

U.S. Army Space and Missile Defense Command/Army Forces Strategic Command as a Department of Defense Science and Technology Reinvention Laboratory ............................................................. 483 

Waiver of certain pay limitations ............................................................ 484 

Services of post-combat case coordinators ............................................... 484 

Authority to waive maximum age limit for certain appointments ........ 485 

Sense of Congress for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program ........................................................................................... 485 

Suspension of DCIPS pay authority extended for a year ....................... 486 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS .......................... 486 

Subtitle A—Assistance and Training .............................................................. 486 

Expansion of authority for support of special operations to combat 

terrorism (sec. 1201) .............................................................................. 486 

Addition of allied government agencies to enhanced logistics interoperability authority (sec. 1202) ........................................................... 487 

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. 1203) 487 

Authority to pay personnel expenses in connection with African cooperation (sec. 1204) .............................................................................. 487 

Authority to build the capacity of Yemen Ministry of Interior Counter 

Terrorism Forces (sec. 1205) ................................................................. 487 

Air Force scholarships for Partnership for Peace nations to participate in the Euro-NATO Joint Jet Pilot Training Program (sec. 

1206) ....................................................................................................... 488 

Modification and extension of authorities relating to program to build 

the capacity of foreign military forces (sec. 1207) ............................... 488 

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan .............. 489 

Limitation on availability of funds for certain purposes relating to 

Iraq (sec. 1211) ....................................................................................... 489 

One-year extension and modification of Commanders’ Emergency Response Program (sec. 1212) ................................................................... 489 

Extension of authority for reimbursement of certain coalition nations 

for support provided to United States military operations (sec. 

1213) ....................................................................................................... 490 

Extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan (sec. 1214) ............................................................................. 491 

No permanent military bases in Afghanistan (sec. 1215) ...................... 491 

Authority to use funds for reintegration activities in Afghanistan 

(sec. 1216) ............................................................................................... 491 

Authority to establish a program to develop and carry out infrastructure projects in Afghanistan (sec. 1217) .............................................. 492 

Extension of logistical support for coalition forces supporting operations in Iraq and Afghanistan (sec. 1218) .......................................... 493 

Recommendations on oversight of contractors engaged in activities 

relating to Afghanistan (sec. 1219) ...................................................... 493 

Extension and modification of Pakistan Counterinsurgency Fund (sec. 

1220) ....................................................................................................... 493 

Subtitle C—Reports and Other Matters ......................................................... 494 

One-year extension of report on progress toward security and stability in Afghanistan (sec. 1231) ........................................................... 494 


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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued 

Subtitle C—Reports and Other Matters—Continued 

Two-year extension of United States plan for sustaining the Afghanistan National Security Forces (sec. 1232) ............................................ 494 

Modification of report on responsible redeployment of United States 

Armed Forces from Iraq (sec. 1233) ..................................................... 494 

Report on Department of Defense support for coalition operations 

(sec. 1234) ............................................................................................... 494 

Reports on police training programs (sec. 1235) ..................................... 495 

Report on certain Iraqis affiliated with the United States (sec. 1236) . 495 

Report on Department of Defense’s plans to reform the export control 

system (sec. 1237) .................................................................................. 496 

Report on United States efforts to defend against threats posed by 

the anti-access and area-denial capabilities of certain nation-states 

(sec. 1238) ............................................................................................... 496 

Defense Science Board report on Department of Defense strategy 

to counter violent extremism outside the United States (sec. 1239) . 496 

Report on merits of an Incidents-at-Sea agreement between the 

United States, Iran, and certain other countries (sec. 1240) ............. 496 

Requirement to monitor and evaluate Department of Defense activities to counter violent extremism in Africa (sec. 1241) ...................... 497 

NATO Special Operations Headquarters (sec. 1242) ............................. 497 

National military strategy to counter Iran and required briefings 

(sec. 1243) ............................................................................................... 497 

TITLE XIII—COOPERATIVE THREAT REDUCTION ....................................... 497 

Specification of Cooperative Threat Reduction program and funds 

(sec. 1301) ............................................................................................... 497 

Funding allocations (sec. 1302) ................................................................ 498 

Limitation on use of funds for establishment of centers of excellence 

in countries outside of the former Soviet Union (sec. 1303) .............. 498 

Plan for nonproliferation, proliferation prevention, and threat reduction activities with The People’s Republic of China (sec. 1304) ......... 498 

TITLE XIV—OTHER AUTHORIZATIONS ........................................................... 499 

Subtitle A—Military Programs ........................................................................ 499 

Working capital funds (sec. 1401) ............................................................ 499 

Study on working capital fund cash balances (sec. 1402) ...................... 499 

Modification of certain working capital fund requirements (sec. 1403) 499 

Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund (sec. 1404) ............................................ 499 

National Defense Sealift Fund (sec. 1405) .............................................. 499 

Chemical agents and munitions destruction, defense (sec. 1406) ......... 500 

Drug Interdiction and Counter-drug Activities, Defense-Wide (sec. 

1407) ....................................................................................................... 500 

Defense Inspector General (sec. 1408) ..................................................... 500 

Defense Health Program (sec. 1409) ........................................................ 500 

Subtitle B—National Defense Stockpile ......................................................... 500 

Authorized uses of National Defense Stockpile funds (sec. 1411) ......... 500 

Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile (sec. 1412) ..................... 500 

Subtitle C—Chemical Demilitarization Matters ............................................ 501 

Consolidation and reorganization of statutory authority for destruction of United States stockpile of lethal chemical agents and munitions (sec. 1421) ...................................................................................... 501 

Subtitle D—Other Matters .............................................................................. 501 

Authorization of appropriations for Armed Forces Retirement Home 

(sec. 1431) ............................................................................................... 501 

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 (sec. 

1432) ....................................................................................................... 501 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS ................................................... 502 

Subtitle A—Authorization of Additional Appropriations .............................. 502 

Purpose (sec. 1501) .................................................................................... 502 

Procurement (secs. 1502–1508) ................................................................ 502 

Research, development, test and evaluation (sec. 1509) ........................ 502 

Operation and maintenance (sec. 1510) .................................................. 502 


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TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS—Continued 

Subtitle A—Authorization of Additional Appropriations—Continued 

Military personnel (sec. 1511) .................................................................. 502 

Working capital funds (sec. 1512) ............................................................ 502 

Defense Health Program (sec. 1513) ........................................................ 503 

Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 

1514) ....................................................................................................... 503 

Defense Inspector General (sec. 1515) ..................................................... 503 

Subtitle B—Financial Matters ........................................................................ 503 

Treatment as additional authorizations (sec. 1521) ............................... 503 

Special transfer authority (sec. 1522) ...................................................... 503 

Subtitle C—Limitations and Other Matters .................................................. 504 

Limitations on availability of funds in Afghanistan Security Forces 

Fund (sec. 1531) ..................................................................................... 504 

Limitations on availability of funds in Iraq Security Forces Fund 

(sec. 1532) ............................................................................................... 504 

Continuation of prohibition on use of United States funds for certain 

facilities projects in Iraq (sec. 1533) ..................................................... 504 

Joint Improvised Explosive Device Defeat Fund (sec. 1534) ................. 505 

Task Force for Business and Stability Operations in Afghanistan 

and economic transition plan and economic strategy for Afghanistan (sec. 1535) ...................................................................................... 505 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED FORCES ................................................................. 506 

Definition of Department of Defense sexual assault prevention and 

response program and other definitions (sec. 1601) ........................... 506 

Comprehensive Department of Defense policy on sexual assault prevention and response program (sec. 1602) ........................................... 506 

Subtitle A—Organizational Structure and Application of Sexual Assault 

Prevention and Response Program Elements ............................................. 506 

Sexual Assault Prevention and Response Office (sec. 1611) .................. 506 

Oversight and evaluation standards (sec. 1612) ..................................... 507 

Report and plan for completion of acquisition of centralized Department of Defense sexual assault database (sec. 1613) ......................... 507 

Restricted reporting of sexual assaults (sec. 1614) ................................. 507 

Subtitle B—Improved and Expanded Availability of Services ..................... 508 

Improved protocols for providing medical care for victims of sexual 

assault (sec. 1621) .................................................................................. 508 

Sexual assault victims access to victim advocate services (sec. 1622) .. 508 

Subtitle C—Reporting Requirements .............................................................. 508 

Annual report regarding sexual assaults involving members of the 

armed forces and improvement to sexual assault prevention response program (sec. 1631) ................................................................... 508 

Additional reports (sec. 1632) ................................................................... 509 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 510 

Short title (sec. 2001) ................................................................................ 510 

Expiration of authorizations and amounts required to be specified 

by law (sec. 2002) ................................................................................... 510 

TITLE XXI—ARMY MILITARY CONSTRUCTION ............................................. 510 

Authorized Army construction and land acquisition projects (sec. 

2101) ....................................................................................................... 510 

Family housing (sec. 2102) ....................................................................... 511 

Improvements to military family housing (sec. 2103) ............................ 511 

Authorization of appropriations, Army (sec. 2104) ................................. 511 

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. 2105) ................................... 512 

Modification of authority to carry out certain fiscal year 2009 project 

(sec. 2106) ............................................................................................... 512 

Modification of authority to carry out certain fiscal year 2010 project 

(sec. 2107) ............................................................................................... 512 

Extension of authorizations of certain fiscal year 2008 projects (sec. 

2108) ....................................................................................................... 512 

TITLE XXII—NAVY MILITARY CONSTRUCTION ............................................ 513 

Authorized Navy construction and land acquisition projects (sec. 

2201) ....................................................................................................... 513 


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TITLE XXII—NAVY MILITARY CONSTRUCTION—Continued 

Family housing (sec. 2202) ....................................................................... 517 

Improvements to military family housing (sec. 2203) ............................ 517 

Authorization of appropriations, Navy (sec. 2204) ................................. 517 

Technical amendment to reflect multi-increment fiscal year 2010 

project (sec. 2205) .................................................................................. 517 

Extension of authorization of certain fiscal year 2008 project (sec. 

2206) ....................................................................................................... 518 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION ................................ 518 

Authorized Air Force construction and land acquisition projects (sec. 

2301) ....................................................................................................... 518 

Family housing (sec. 2302) ....................................................................... 518 

Improvements to military family housing (sec. 2303) ............................ 518 

Authorization of appropriations, Air Force (sec. 2304) .......................... 518 

Extension of authorization of certain fiscal year 2007 project (sec. 

2305) ....................................................................................................... 519 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION .............. 519 

Subtitle A—Defense Agency Authorizations .................................................. 519 

Authorized defense agencies construction and land acquisition 

projects (sec. 2401) ................................................................................. 519 

Energy conservation projects (sec. 2402) ................................................. 519 

Authorization of appropriations, Defense Agencies (sec. 2403) ............. 519 

Modification of authority to carry out certain fiscal year 2010 project 

(sec. 2404) ............................................................................................... 520 

Subtitle B—Chemical Demilitarization Authorizations ................................ 520 

Authorization of appropriations, chemical demilitarization construction, defense-wide (sec. 2411) ............................................................... 520 

Modification of authority to carry out certain fiscal year 2000 project 

(sec. 2412) ............................................................................................... 520 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM ................................................................................. 520 

Authorized NATO construction and land acquisition projects (sec. 

2501) ....................................................................................................... 520 

Authorization of appropriations, NATO (sec. 2502) ............................... 521 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ........................ 521 

Authorized Army National Guard construction and land acquisition 

projects (sec. 2601) ................................................................................. 521 

Authorized Army Reserve construction and land acquisition projects 

(sec. 2602) ............................................................................................... 521 

Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects (sec. 2603) ............................................. 521 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) ................................................................................. 521 

Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) ................................................................................. 522 

Authorization of appropriations, National Guard and Reserve (sec. 

2606) ....................................................................................................... 522 

Extension of authorizations of certain fiscal year 2008 projects (sec. 

2607) ....................................................................................................... 522 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES ............ 522 

Authorization of appropriations for Base Realignment and Closure 

activities funded through Department of Defense Base Closure account 1990 (sec. 2701) ........................................................................... 522 

Authorized Base Realignment and Closure activities funded through 

Department of Defense Base Closure account 2005 (sec. 2702) ........ 523 

Authorization of appropriations for Base Realignment and Closure 

activities funded through Department of Defense Base Closure account 2005 (sec. 2703) ........................................................................... 523 

Transportation plan for BRAC 133 project under Fort Belvoir, Virginia, BRAC initiative (sec. 2704) ........................................................ 523 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS ....... 523 

Subtitle A—Military Construction Program and Military Family Housing 

Changes ......................................................................................................... 523 

Availability of military construction information on Internet (sec. 

2801) ....................................................................................................... 523 

Use of Pentagon reservation maintenance revolving fund for construction or alteration at Pentagon reservation (sec. 2802) ............... 524 


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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS— 

Continued 

Subtitle A—Military Construction Program and Military Family Housing 

Changes—Continued 

Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility (sec. 2804) .................................................................................. 524 

Sense of Congress and report regarding employment of veterans to 

work on military construction projects (sec. 2805) .............................. 524 

Subtitle B—Real Property and Facilities Administration ............................. 524 

Notice-and-wait requirements applicable to real property transactions 

(sec. 2811) ............................................................................................... 524 

Treatment of proceeds generated from leases of non-excess property 

involving military museums (sec. 2812) .............................................. 525 

Limitation on enhanced use leases of non-excess property (sec. 2813) . 525 

Repeal of expired authority to lease land for special operations activities (sec. 2814) ........................................................................................ 525 

Former naval bombardment area, Culebra Island, Puerto Rico (sec. 

2815) ....................................................................................................... 525 

Subtitle C—Provisions Related to Guam Realignment ................................. 526 

Extension of term of Deputy Secretary of Defense’s leadership of 

Guam Oversight Counsel (sec. 2821) ................................................... 526 

Utility conveyances to support integrated water and wastewater 

treatment system on Guam (sec. 2822) ................................................ 526 

Report on types of facilities required to support Guam realignment 

(sec. 2823) ............................................................................................... 526 

Report on civilian infrastructure needs for Guam (sec. 2824) ............... 527 

Subtitle D—Energy Security ........................................................................... 527 

Consideration of environmentally sustainable practices in Department energy performance plan (sec. 2831) .......................................... 527 

Enhancement of energy security activities of the Department of Defense (sec. 2832) ..................................................................................... 527 

Subtitle E—Land Conveyances ....................................................................... 527 

Land conveyance, Defense Fuel Support Point (DFSP) Whittier, Alaska (sec. 2841) .......................................................................................... 527 

Land conveyance, Fort Knox, Kentucky (sec. 2842) ............................... 528 

Land conveyance, Naval Support Activity (West Bank), New Orleans, 

Louisiana (sec. 2843) ............................................................................. 528 

Land conveyance, former Navy Extremely Low Frequency Communications Project Site, Republic, Michigan (sec. 2844) ....................... 528 

Land conveyance, Marine Forces Reserve Center, Wilmington, North 

Carolina (sec. 2845) ............................................................................... 528 

Subtitle F—Other Matters ............................................................................... 529 

Limitation on availability of funds pending report regarding construction of a new outlying landing field in North Carolina and Virginia 

(sec. 2851) ............................................................................................... 529 

Requirements related to providing world class military medical centers (sec. 2852) ....................................................................................... 529 

Report on fuel infrastructure sustainment, restoration, and modernization requirements (sec. 2853) ..................................................... 529 

Naming of Armed Forces Reserve Center, Middleton, Connecticut 

(sec. 2854) ............................................................................................... 529 

Sense of Congress on proposed extension of the Alaska Railroad 

corridor across federal land in Alaska (sec. 2855) .............................. 530 

Sense of Congress on improving military housing for members of 

the Air Force (sec. 2856) ....................................................................... 530 

Sense of Congress regarding recreational hunting and fishing on 

military installations (sec. 2857) .......................................................... 530 

Legislative Provisions Not Adopted ................................................................ 530 

Department of Defense assistance for community adjustments related 

to realignment of military installations and relocation of military 

personnel on Guam ................................................................................ 530 

Insulation retrofitting assessment for Department of Defense facilities ........................................................................................................... 531 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION ......................................................................................................... 531 


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TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION—Continued 

Authorized Army construction and land acquisition projects (sec. 

2901) ....................................................................................................... 531 

Authorized Air Force construction and land acquisition projects (sec. 

2902) ....................................................................................................... 531 

Authorized defense wide construction and land acquisition projects 

and authorization of appropriations (sec. 2903) .................................. 532 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS ...................................... 532 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ................................................................................................................. 532 

Subtitle A—National Security Programs Authorizations .............................. 532 

Overview .................................................................................................... 532 

National Nuclear Security Administration (sec. 3101) .......................... 533 

Defense environmental cleanup (sec. 3102) ............................................ 533 

Other defense activities (sec. 3103) ......................................................... 533 

Energy security and assurance (sec. 3104) ............................................. 533 

Subtitle B—Program Authorizations, Restrictions, and Limitations ........... 533 

Aircraft procurement (sec. 3111) .............................................................. 533 

Biennial plan on modernization and refurbishment of the nuclear 

security complex (sec. 3112) .................................................................. 534 

Comptroller General assessment of adequacy of budget requests with 

respect to the modernization and refurbishment of the nuclear 

weapons stockpile (sec. 3113) ............................................................... 535 

Notification of cost overruns for certain Department of Energy 

projects (sec. 3114) ................................................................................. 535 

Establishment of cooperative research and development centers (sec. 

3115) ....................................................................................................... 536 

Future-years defense environmental management plan (sec. 3116) ..... 536 

Extension of authority of Secretary of Energy for appointment of 

certain scientific, engineering, and technical personnel (sec. 3117) .. 537 

Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects (sec. 3118) ................... 537 

Extension of authority relating to the International Materials Protection, Control, and Accounting Program of the Department of Energy (sec. 3119) ...................................................................................... 537 

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. 3120) ...................................................... 537 

Repeal of sunset provision for modification of minor construction 

threshold for plant projects (sec. 3121) ................................................ 538 

Enhancing private-sector employment through cooperative research 

and development activities (sec. 3122) ................................................. 538 

Limitation on use of funds for establishment of centers of excellence 

in countries outside the former Soviet Union (sec. 3123) ................... 538 

Department of Energy Energy Parks Program (sec. 3124) .................... 538 

Subtitle C—Reports .......................................................................................... 539 

Report on graded security protection policy (sec. 3131) ......................... 539 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............. 539 

Authorization (sec. 3201) .......................................................................... 539 

TITLE XXXIV—NAVAL PETROLEUM RESERVES ........................................... 539 

Authorization of appropriation (sec. 3401) .............................................. 539 

TITLE XXXV—MARITIME ADMINISTRATION ................................................. 539 

Authorization of appropriations for national security aspects of the 

merchant marine for fiscal year 2011 (sec. 3501) ............................... 539 

Extension of maritime security fleet program (sec. 3502) ..................... 539 

United States Merchant Marine Academy nominations of residents 

of the Northern Mariana Islands (sec. 3503) ....................................... 540 

Research Authority (sec. 3504) ................................................................. 540 


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[Note from the Director of Legislative Operations: The following 

text is H.R. 6523, the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011, as passed by the House of Representatives 

and the Senate, and enrolled for the President’s signature.] 

AN ACT

To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Ike Skelton National Defense Authorization Act for Fiscal Year 2011’’. 

(b) REFERENCES.—Any reference in this or any other Act to the 

‘‘National Defense Authorization Act for Fiscal Year 2011’’ shall be 

deemed to refer to the ‘‘Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011’’. 

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

(a) DIVISIONS.—This Act is organized into three divisions as follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Navy Programs 

Sec. 111. Multiyear funding for detail design and construction of LHA Replacement 

ship designated LHA–7. 

Sec. 112. Requirement to maintain Navy airborne signals intelligence, surveillance, 

and reconnaissance capabilities. 

Sec. 113. Report on naval force structure and missile defense. 

Sec. 114. Reports on service-life extension of F/A–18 aircraft by the Department of 

the Navy. 


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Subtitle C—Joint and Multiservice Matters 

Sec. 121. Limitations on biometric systems funds. 

Sec. 122. System management plan and matrix for the F–35 Joint Strike Fighter 

aircraft program. 

Sec. 123. Quarterly reports on use of Combat Mission Requirements funds. 

Sec. 124. Counter-improvised explosive device initiatives database. 

Sec. 125. Study on lightweight body armor solutions. 

Sec. 126. Integration of solid state laser systems into certain aircraft. 

Sec. 127. Contracts for commercial imaging satellite capacities. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Enhancement of Department of Defense support of science, mathematics, 

and engineering education. 

Sec. 212. Limitation on use of funds by Defense Advanced Research Projects Agency for operation of National Cyber Range. 

Sec. 213. Separate program elements required for research and development of 

Joint Light Tactical Vehicle. 

Sec. 214. Program for research, development, and deployment of advanced ground 

vehicles, ground vehicle systems, and components. 

Sec. 215. Demonstration and pilot projects on cybersecurity. 

Subtitle C—Missile Defense Programs 

Sec. 221. Sense of Congress on ballistic missile defense. 

Sec. 222. Repeal of prohibition of certain contracts by Missile Defense Agency with 

foreign entities. 

Sec. 223. Limitation on availability of funds for missile defense interceptors in Europe. 

Sec. 224. Medium Extended Air Defense System. 

Sec. 225. Acquisition accountability reports on the ballistic missile defense system. 

Sec. 226. Authority to support ballistic missile shared early warning with the 

Czech Republic. 

Sec. 227. Report on phased, adaptive approach to missile defense in Europe. 

Sec. 228. Independent review and assessment of the Ground-Based Midcourse Defense system. 

Sec. 229. Iron Dome short-range rocket defense program. 

Subtitle D—Reports 

Sec. 231. Report on analysis of alternatives and program requirements for the 

Ground Combat Vehicle program. 

Sec. 232. Cost benefit analysis of future tank-fired munitions. 

Sec. 233. Annual Comptroller General report on the VH–(XX) presidential helicopter acquisition program. 

Subtitle E—Other Matters 

Sec. 241. Sense of Congress affirming the importance of Department of Defense 

participation in development of next generation semiconductor technologies. 

Sec. 242. Pilot program on collaborative energy security. 

Sec. 243. Pilot program to include technology protection features during research 

and development of defense systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 

connection with the Twin Cities Army Ammunition Plant, Minnesota. 

Sec. 312. Payment to Environmental Protection Agency of stipulated penalties in 

connection with Naval Air Station, Brunswick, Maine. 


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Sec. 313. Requirements related to the investigation of exposure to drinking water 

at Camp Lejeune, North Carolina. 

Sec. 314. Comptroller General assessment on military environmental exposures. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Technical amendments to requirement for service contract inventory. 

Sec. 322. Repeal of conditions on expansion of functions performed under prime 

vendor contracts for depot-level maintenance and repair. 

Sec. 323. Prohibition on establishing goals or quotas for conversion of functions to 

performance by Department of Defense civilian employees. 

Subtitle D—Reports 

Sec. 331. Additional reporting requirements relating to corrosion prevention 

projects and activities. 

Sec. 332. Modification and repeal of certain reporting requirements. 

Sec. 333. Report on Air Sovereignty Alert mission. 

Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force. 

Sec. 335. Requirement to update study on strategic seaports. 

Subtitle E—Limitations and Extensions of Authority 

Sec. 341. Permanent authority to accept and use landing fees charged for use of domestic military airfields by civil aircraft. 

Sec. 342. Extension of Arsenal Support Program Initiative. 

Sec. 343. Limitation on obligation of funds for the Army Human Terrain System. 

Sec. 344. Limitation on obligation of funds pending submission of classified justification material. 

Sec. 345. Requirements for transferring aircraft within the Air Force inventory. 

Sec. 346. Commercial sale of small arms ammunition in excess of military requirements. 

Subtitle F—Other Matters 

Sec. 351. Expedited processing of background investigations for certain individuals. 

Sec. 352. Revision to authorities relating to transportation of civilian passengers 

and commercial cargoes by Department of Defense when space unavailable on commercial lines. 

Sec. 353. Technical correction to obsolete reference relating to use of flexible hiring 

authority to facilitate performance of certain Department of Defense 

functions by civilian employees. 

Sec. 354. Authority for payment of full replacement value for loss or damage to 

household goods in limited cases not covered by carrier liability. 

Sec. 355. Recovery of improperly disposed of Department of Defense property. 

Sec. 356. Operational readiness models. 

Sec. 357. Sense of Congress regarding continued importance of High-Altitude Aviation Training Site, Colorado. 

Sec. 358. Study of effects of new construction of obstructions on military installations and operations. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2011 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 


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TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Ages for appointment and mandatory retirement for health professions officers. 

Sec. 502. Authority for appointment of warrant officers in the grade of W–1 by commission and standardization of warrant officer appointing authority. 

Sec. 503. Nondisclosure of information from discussions, deliberations, notes, and 

records of special selection boards. 

Sec. 504. Administrative removal of officers from promotion list. 

Sec. 505. Modification of authority for officers selected for appointment to general 

and flag officer grades to wear insignia of higher grade before appointment. 

Sec. 506. Temporary authority to reduce minimum length of active service as a 

commissioned officer required for voluntary retirement as an officer. 

Subtitle B—Reserve Component Management 

Sec. 511. Removal of statutory distribution limits on Navy reserve flag officer allocation. 

Sec. 512. Assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program. 

Sec. 513. Temporary authority for temporary employment of non-dual status military technicians. 

Sec. 514. Revision of structure and functions of the Reserve Forces Policy Board. 

Sec. 515. Repeal of requirement for new oath when officer transfers from activeduty 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. 


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Subtitle G—Defense Dependents’ Education 

Sec. 561. Enrollment of dependents of members of the Armed Forces who reside in 

temporary housing in Department of Defense domestic dependent elementary and secondary schools. 

Sec. 562. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 563. Impact aid for children with severe disabilities. 

Subtitle H—Decorations and Awards 

Sec. 571. Clarification of persons eligible for award of bronze star medal. 

Sec. 572. Authorization and request for award of Distinguished-Service Cross to 

Shinyei Matayoshi for acts of valor during World War II. 

Sec. 573. Authorization and request for award of Distinguished-Service Cross to 

Jay C. Copley for acts of valor during the Vietnam War. 

Sec. 574. Program to commemorate 60th anniversary of the Korean War. 

Subtitle I—Military Family Readiness Matters 

Sec. 581. Appointment of additional members of Department of Defense Military 

Family Readiness Council. 

Sec. 582. Enhancement of community support for military families with special 

needs. 

Sec. 583. Modification of Yellow Ribbon Reintegration Program. 

Sec. 584. Expansion and continuation of Joint Family Support Assistance Program. 

Sec. 585. Report on military spouse education programs. 

Sec. 586. Report on enhancing benefits available for military dependent children 

with special education needs. 

Sec. 587. Reports on child development centers and financial assistance for child 

care for members of the Armed Forces. 

Subtitle J—Other Matters 

Sec. 591. Authority for members of the Armed Forces and Department of Defense 

and Coast Guard civilian employees and their families to accept gifts 

from non-Federal entities. 

Sec. 592. Increase in number of private sector civilians authorized for admission to 

National Defense University. 

Sec. 593. Admission of defense industry civilians to attend United States Air Force 

Institute of Technology. 

Sec. 594. Updated terminology for Army Medical Service Corps. 

Sec. 595. Date for submission of annual report on Department of Defense 

STARBASE Program. 

Sec. 596. Extension of deadline for submission of final report of Military Leadership Diversity Commission. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

under another program. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for health 

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 


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Subtitle C—Travel and Transportation Allowances 

Sec. 621. Extension of authority to provide travel and transportation allowances for 

inactive duty training outside of normal commuting distances. 

Sec. 622. Travel and transportation allowances for attendance at Yellow Ribbon Reintegration events. 

Subtitle D—Disability, Retired Pay and Survivor Benefits 

Sec. 631. Elimination of cap on retired pay multiplier for members with greater 

than 30 years of service who retire for disability. 

Sec. 632. Payment date for retired and retainer pay. 

Sec. 633. Clarification of effect of ordering reserve component member to active 

duty to receive authorized medical care on reducing eligibility age for 

receipt of non-regular service retired pay. 

Sec. 634. Conformity of special compensation for members with injuries or illnesses 

requiring assistance in everyday living with monthly personal caregiver 

stipend under Department of Veterans Affairs program of comprehensive assistance for family caregivers. 

Sec. 635. Sense of Congress concerning age and service requirements for retired 

pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 641. Addition of definition of morale, welfare, and recreation telephone services for use in contracts to provide such services for military personnel 

serving in combat zones. 

Sec. 642. Feasibility study on establishment of full exchange store in the Northern 

Mariana Islands. 

Sec. 643. Continuation of commissary and exchange operations at Brunswick Naval 

Air Station, Maine. 

Subtitle F—Other Matters 

Sec. 651. Report on basic allowance for housing for personnel assigned to sea duty. 

Sec. 652. Report on savings from enhanced management of special pay for aviation 

career officers extending period of active duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Extension of prohibition on increases in certain health care costs. 

Sec. 702. Extension of dependent coverage under the TRICARE program. 

Sec. 703. Survivor dental benefits. 

Sec. 704. Aural screenings for members of the Armed Forces. 

Sec. 705. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

Sec. 712. Postdeployment health reassessments for purposes of the medical tracking system for members of the Armed Forces deployed overseas. 

Sec. 713. Clarification of licensure requirements applicable to military health-care 

professionals who are members of the National Guard performing certain duty while in State status. 

Sec. 714. Improvements to oversight of medical training for Medical Corps officers. 

Sec. 715. Health information technology. 

Sec. 716. Education and training on use of pharmaceuticals in rehabilitation programs for wounded warriors. 

Subtitle C—Other Matters 

Sec. 721. Repeal of report requirement on separations resulting from refusal to participate in anthrax vaccine immunization program. 

Sec. 722. Comprehensive policy on consistent neurological cognitive assessments of 

members of the Armed Forces before and after deployment. 

Sec. 723. Assessment of post-traumatic stress disorder by military occupation. 

Sec. 724. Licensed mental health counselors and the TRICARE program. 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Disclosure to litigation support contractors. 

Sec. 802. Designation of engine development and procurement program as major 

subprogram. 

Sec. 803. Enhancement of Department of Defense authority to respond to combat 

and safety emergencies through rapid acquisition and deployment of 

urgently needed supplies. 

Sec. 804. Review of acquisition process for rapid fielding of capabilities in response 

to urgent operational needs. 

Sec. 805. Acquisition of major automated information system programs. 

Sec. 806. Requirements for information relating to supply chain risk. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Cost estimates for program baselines and contract negotiations for major 

defense acquisition and major automated information system programs. 

Sec. 812. Management of manufacturing risk in major defense acquisition programs. 

Sec. 813. Modification and extension of requirements of the Weapon System Acquisition Reform Act of 2009. 

Sec. 814. Inclusion of major subprograms to major defense acquisition programs 

under various acquisition-related requirements. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Provisions relating to fire resistant fiber for production of military uniforms. 

Sec. 822. Repeal of requirement for certain procurements from firms in the small 

arms production industrial base. 

Sec. 823. Review of regulatory definition relating to production of specialty metals. 

Sec. 824. Guidance relating to rights in technical data. 

Sec. 825. Extension of sunset date for certain protests of task and delivery order 

contracts. 

Sec. 826. Inclusion of option amounts in limitations on authority of the Department 

of Defense to carry out certain prototype projects. 

Sec. 827. Permanent authority for Defense Acquisition Challenge Program; pilot expansion of Program. 

Sec. 828. Energy savings performance contracts. 

Sec. 829. Definition of materials critical to national security. 

Subtitle D—Contractor Matters 

Sec. 831. Oversight and accountability of contractors performing private security 

functions in areas of combat operations. 

Sec. 832. Extension of regulations on contractors performing private security functions to areas of other significant military operations. 

Sec. 833. Standards and certification for private security contractors. 

Sec. 834. Enhancements of authority of Secretary of Defense to reduce or deny 

award fees to companies found to jeopardize the health or safety of 

Government personnel. 

Sec. 835. Annual joint report and Comptroller General review on contracting in 

Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Improvements to structure and functioning of Joint Requirements Oversight Council. 

Sec. 842. Department of Defense policy on acquisition and performance of sustainable products and services. 

Sec. 843. Assessment and plan for critical rare earth materials in defense applications. 

Sec. 844. Review of national security exception to competition. 

Sec. 845. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation. 

Sec. 846. Procurement of photovoltaic devices. 


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Sec. 847. Non-availability exception from Buy American requirements for procurement of hand or measuring tools. 

Sec. 848. Contractor logistics support of contingency operations. 

Subtitle F—Improve Acquisition Act 

Sec. 860. Short title. 

PART I—DEFENSE ACQUISITION SYSTEM

Sec. 861. Improvements to the management of the defense acquisition system. 

Sec. 862. Comptroller General report on Joint Capabilities Integration and Development System. 

Sec. 863. Requirements for the acquisition of services. 

Sec. 864. Review of defense acquisition guidance. 

Sec. 865. Requirement to review references to services acquisition throughout the 

Federal Acquisition Regulation and the Defense Federal Acquisition 

Regulation Supplement. 

Sec. 866. Pilot program on acquisition of military purpose nondevelopmental 

items. 

PART II—DEFENSE ACQUISITION WORKFORCE

Sec. 871. Acquisition workforce excellence. 

Sec. 872. Amendments to the acquisition workforce demonstration project. 

Sec. 873. Career development for civilian and military personnel in the acquisition 

workforce. 

Sec. 874. Recertification and training requirements. 

Sec. 875. Information technology acquisition workforce. 

Sec. 876. Definition of acquisition workforce. 

Sec. 877. Defense Acquisition University curriculum review. 

PART III—FINANCIAL MANAGEMENT

Sec. 881. Audit readiness of financial statements of the Department of Defense. 

Sec. 882. Review of obligation and expenditure thresholds. 

Sec. 883. Disclosure and traceability of the cost of Department of Defense health 

care contracts. 

PART IV—INDUSTRIAL BASE

Sec. 891. Expansion of the industrial base. 

Sec. 892. Price trend analysis for supplies and equipment purchased by the Department of Defense. 

Sec. 893. Contractor business systems. 

Sec. 894. Review and recommendations on eliminating barriers to contracting with 

the Department of Defense. 

Sec. 895. Inclusion of the providers of services and information technology in the 

national technology and industrial base. 

Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy; Industrial Base Fund. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Reorganization of Office of the Secretary of Defense to carry out reduction 

required by law in number of Deputy Under Secretaries of Defense. 

Subtitle B—Space Activities 

Sec. 911. Integrated space architectures. 

Sec. 912. Limitation on use of funds for costs of terminating contracts under the 

National Polar-Orbiting Operational Environmental Satellite System 

Program. 

Sec. 913. Limitation on use of funds for purchasing Global Positioning System user 

equipment. 

Sec. 914. Plan for integration of space-based nuclear detection sensors. 

Sec. 915. Preservation of the solid rocket motor industrial base. 

Sec. 916. Implementation plan to sustain solid rocket motor industrial base. 

Sec. 917. Review and plan on sustainment of liquid rocket propulsion systems industrial base. 


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Subtitle C—Intelligence-Related Matters 

Sec. 921. Five-year extension of authority for Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities. 

Sec. 922. Modification of attendees at proceedings of Intelligence, Surveillance, and 

Reconnaissance Integration Council. 

Sec. 923. Report on Department of Defense interservice management and coordination of remotely piloted aircraft support of intelligence, surveillance, 

and reconnaissance. 

Sec. 924. Report on requirements fulfillment and personnel management relating 

to Air Force intelligence, surveillance, and reconnaissance provided by 

remotely piloted aircraft. 

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

Sec. 931. Continuous monitoring of Department of Defense information systems for 

cybersecurity. 

Sec. 932. Strategy on computer software assurance. 

Sec. 933. Strategy for acquisition and oversight of Department of Defense cyber 

warfare capabilities. 

Sec. 934. Report on the cyber warfare policy of the Department of Defense. 

Sec. 935. Reports on Department of Defense progress in defending the Department 

and the defense industrial base from cyber events. 

Subtitle E—Other Matters 

Sec. 941. Two-year extension of authorities relating to temporary waiver of reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies. 

Sec. 942. Additional requirements for quadrennial roles and missions review in 

2011. 

Sec. 943. Report on organizational structure and policy guidance of the Department 

of Defense regarding information operations. 

Sec. 944. Report on organizational structures of the geographic combatant command headquarters. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of additional appropriations for operations in Afghanistan, 

Iraq, and Haiti for fiscal year 2010. 

Sec. 1003. Budgetary effects of this Act. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1012. Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Sec. 1014. Support for counter-drug activities of certain foreign governments. 

Sec. 1015. Notice to Congress on military construction projects for facilities of the 

Department of Defense and foreign law enforcement agencies for 

counter-drug activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Extension of authority for reimbursement of expenses for certain Navy 

mess operations. 

Sec. 1022. Expressing the sense of Congress regarding the naming of a naval combat vessel after Father Vincent Capodanno. 

Sec. 1023. Requirements for long-range plan for construction of naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1032. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 


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Sec. 1033. Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign countries 

and other foreign entities. 

Sec. 1034. Prohibition on the use of funds to modify or construct facilities in the 

United States to house detainees transferred from United States Naval 

Station, Guantanamo Bay, Cuba. 

Sec. 1035. Comprehensive review of force protection policies. 

Subtitle E—Homeland Defense and Civil Support 

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

Subtitle F—Studies and Reports 

Sec. 1051. Interagency national security knowledge and skills. 

Sec. 1052. Report on establishing a Northeast Regional Joint Training Center. 

Sec. 1053. Comptroller General report on previously requested reports. 

Sec. 1054. Biennial report on nuclear triad. 

Sec. 1055. Comptroller General study on common alignment of world regions in departments and agencies with international responsibilities. 

Sec. 1056. Required reports concerning bomber modernization, sustainment, and 

recapitalization efforts in support of the national defense strategy. 

Sec. 1057. Comptroller General study and recommendations regarding security of 

southern land border of the United States. 

Subtitle G—Miscellaneous Authorities and Limitations 

Sec. 1061. Public availability of Department of Defense reports required by law. 

Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons. 

Sec. 1063. Development of criteria and methodology for determining the safety and 

security of nuclear weapons. 

Subtitle H—Other Matters 

Sec. 1071. National Defense Panel. 

Sec. 1072. Sale of surplus military equipment to State and local homeland security 

and emergency management agencies. 

Sec. 1073. Defense research and development rapid innovation program. 

Sec. 1074. Authority to make excess nonlethal supplies available for domestic emergency assistance. 

Sec. 1075. Technical and clerical amendments. 

Sec. 1076. Study on optimal balance of manned and remotely piloted aircraft. 

Sec. 1077. Treatment of successor contingency operation to Operation Iraqi Freedom. 

Sec. 1078. Program to assess the utility of non-lethal weapons. 

Sec. 1079. Sense of Congress on strategic nuclear force reductions. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Clarification of authorities at personnel demonstration laboratories. 

Sec. 1102. Requirements for Department of Defense senior mentors. 

Sec. 1103. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1104. Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel for care and treatment 

of wounded and injured members of the Armed Forces. 

Sec. 1105. Rate of overtime pay for Department of the Navy employees performing 

work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Expansion of authority for support of special operations to combat terrorism. 

Sec. 1202. Addition of allied government agencies to enhanced logistics interoperability authority. 


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Sec. 1203. Expansion of temporary authority to use acquisition and cross-servicing 

agreements to lend certain military equipment to certain foreign forces 

for personnel protection and survivability. 

Sec. 1204. Authority to pay personnel expenses in connection with African cooperation. 

Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior Counter 

Terrorism Forces. 

Sec. 1206. Air Force scholarships for Partnership for Peace nations to participate 

in the Euro-NATO Joint Jet Pilot Training program. 

Sec. 1207. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1212. One-year extension and modification of Commanders’ Emergency Response Program. 

Sec. 1213. Extension of authority for reimbursement of certain coalition nations for 

support provided to United States military operations. 

Sec. 1214. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Iraq and Afghanistan. 

Sec. 1215. No permanent military bases in Afghanistan. 

Sec. 1216. Authority to use funds for reintegration activities in Afghanistan. 

Sec. 1217. Authority to establish a program to develop and carry out infrastructure 

projects in Afghanistan. 

Sec. 1218. Extension of logistical support for coalition forces supporting operations 

in Iraq and Afghanistan. 

Sec. 1219. Recommendations on oversight of contractors engaged in activities relating to Afghanistan. 

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 

Subtitle C—Reports and Other Matters 

Sec. 1231. One-year extension of report on progress toward security and stability 

in Afghanistan. 

Sec. 1232. Two-year extension of United States plan for sustaining the Afghanistan 

National Security Forces. 

Sec. 1233. Modification of report on responsible redeployment of United States 

Armed Forces from Iraq. 

Sec. 1234. Report on Department of Defense support for coalition operations. 

Sec. 1235. Reports on police training programs. 

Sec. 1236. Report on certain Iraqis affiliated with the United States. 

Sec. 1237. Report on Department of Defense’s plans to reform the export control 

system. 

Sec. 1238. Report on United States efforts to defend against threats posed by the 

anti-access and area-denial capabilities of certain nation-states. 

Sec. 1239. Defense Science Board report on Department of Defense strategy to 

counter violent extremism outside the United States. 

Sec. 1240. Report on merits of an Incidents at Sea agreement between the United 

States, Iran, and certain other countries. 

Sec. 1241. Requirement to monitor and evaluate Department of Defense activities 

to counter violent extremism in Africa. 

Sec. 1242. NATO Special Operations Headquarters. 

Sec. 1243. National Military Strategy to Counter Iran and required briefings. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 1304. Plan for nonproliferation, proliferation prevention, and threat reduction 

activities with the People’s Republic of China. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Study on working capital fund cash balances. 

Sec. 1403. Modification of certain working capital fund requirements. 


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Sec. 1404. Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund. 

Sec. 1405. National Defense Sealift Fund. 

Sec. 1406. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1408. Defense Inspector General. 

Sec. 1409. Defense Health Program. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. Consolidation and reorganization of statutory authority for destruction 

of United States stockpile of lethal chemical agents and munitions. 

Subtitle D—Other Matters 

Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1432. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. National Guard and Reserve equipment. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Military personnel. 

Sec. 1512. Working capital funds. 

Sec. 1513. Defense Health Program. 

Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1515. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1532. Limitations on availability of funds in Iraq Security Forces Fund. 

Sec. 1533. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1534. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1535. Task Force for Business and Stability Operations in Afghanistan and 

economic transition plan and economic strategy for Afghanistan. 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN 

THE ARMED FORCES 

Sec. 1601. Definition of Department of Defense sexual assault prevention and response program and other definitions. 

Sec. 1602. Comprehensive Department of Defense policy on sexual assault prevention and response program. 

Subtitle A—Organizational Structure and Application of Sexual Assault Prevention 

and Response Program Elements 

Sec. 1611. Sexual Assault Prevention and Response Office. 


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Sec. 1612. Oversight and evaluation standards. 

Sec. 1613. Report and plan for completion of acquisition of centralized Department 

of Defense sexual assault database. 

Sec. 1614. Restricted reporting of sexual assaults. 

Subtitle B—Improved and Expanded Availability of Services 

Sec. 1621. Improved protocols for providing medical care for victims of sexual assault. 

Sec. 1622. Sexual assault victims access to Victim Advocate services. 

Subtitle C—Reporting Requirements 

Sec. 1631. Annual report regarding sexual assaults involving members of the 

Armed Forces and improvement to sexual assault prevention and response program. 

Sec. 1632. Additional reports. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Funding tables. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Use of unobligated Army military construction funds in conjunction with 

funds provided by the Commonwealth of Virginia to carry out certain 

fiscal year 2002 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2010 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Technical amendment to reflect multi-increment fiscal year 2010 project. 

Sec. 2206. Extension of authorization of certain fiscal year 2008 project. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorization of certain fiscal year 2007 project. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2010 projects. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 


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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. 


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Subtitle F—Other Matters 

Sec. 2851. Limitation on availability of funds pending report regarding construction 

of a new outlying landing field in North Carolina and Virginia. 

Sec. 2852. Requirements related to providing world class military medical centers. 

Sec. 2853. Report on fuel infrastructure sustainment, restoration, and modernization requirements. 

Sec. 2854. Naming of Armed Forces Reserve Center, Middletown, Connecticut. 

Sec. 2855. Sense of Congress on proposed extension of the Alaska Railroad corridor 

across Federal land in Alaska. 

Sec. 2856. Sense of Congress on improving military housing for members of the Air 

Force. 

Sec. 2857. Sense of Congress regarding recreational hunting and fishing on military installations. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition project. 

Sec. 2903. Authorized Defense Wide Construction and Land Acquisition Projects 

and Authorization of Appropriations. 

TITLE XXX—MILITARY CONSTRUCTION FUNDING TABLES 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Aircraft procurement. 

Sec. 3112. Biennial plan on modernization and refurbishment of the nuclear security complex. 

Sec. 3113. Comptroller General assessment of adequacy of budget requests with respect to the modernization and refurbishment of the nuclear weapons 

stockpile. 

Sec. 3114. Notification of cost overruns for certain Department of Energy projects. 

Sec. 3115. Establishment of cooperative research and development centers. 

Sec. 3116. Future-years defense environmental management plan. 

Sec. 3117. Extension of authority of Secretary of Energy for appointment of certain 

scientific, engineering, and technical personnel. 

Sec. 3118. Extension of authority of Secretary of Energy to enter into transactions 

to carry out certain research projects. 

Sec. 3119. Extension of authority relating to the International Materials Protection, 

Control, and Accounting Program of the Department of Energy. 

Sec. 3120. Extension of deadline for transfer of parcels of land to be conveyed to 

Los Alamos County, New Mexico, and held in trust for the Pueblo of 

San Ildefonso. 

Sec. 3121. Repeal of sunset provision for modification of minor construction threshold for plant projects. 

Sec. 3122. Enhancing private-sector employment through cooperative research and 

development activities. 

Sec. 3123. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 3124. Department of Energy energy parks program. 

Subtitle C—Reports 

Sec. 3131. Report on graded security protection policy. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 


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TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2011. 

Sec. 3502. Extension of Maritime Security Fleet program. 

Sec. 3503. United States Merchant Marine Academy nominations of residents of 

the Northern Mariana Islands. 

Sec. 3504. Research authority. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense committees’’ has the meaning given that term in section 101(a)(16) of title 

10, United States Code. 

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Navy Programs 

Sec. 111. Multiyear funding for detail design and construction of LHA Replacement 

ship designated LHA–7. 

Sec. 112. Requirement to maintain Navy airborne signals intelligence, surveillance, 

and reconnaissance capabilities. 

Sec. 113. Report on naval force structure and missile defense. 

Sec. 114. Reports on service-life extension of F/A–18 aircraft by the Department of 

the Navy. 

Subtitle C—Joint and Multiservice Matters 

Sec. 121. Limitations on biometric systems funds. 

Sec. 122. System management plan and matrix for the F–35 Joint Strike Fighter 

aircraft program. 

Sec. 123. Quarterly reports on use of Combat Mission Requirements funds. 

Sec. 124. Counter-improvised explosive device initiatives database. 

Sec. 125. Study on lightweight body armor solutions. 

Sec. 126. Integration of solid state laser systems into certain aircraft. 

Sec. 127. Contracts for commercial imaging satellite capacities. 

Subtitle A—Authorization of Appropriations 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement for the Army as follows: 

(1) For aircraft, $5,908,384,000. 

(2) For missiles, $1,670,463,000. 

(3) For weapons and tracked combat vehicles, 

$1,656,263,000. 

(4) For ammunition, $1,953,194,000. 

(5) For other procurement, $9,758,965,000. 

SEC. 102. NAVY AND MARINE CORPS. 

(a) NAVY.—Funds are hereby authorized to be appropriated for 

fiscal year 2011 for procurement for the Navy as follows: 

(1) For aircraft, $18,877,139,000. 


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(2) For weapons, including missiles and torpedoes, $3,358,264,000. 

(3) For shipbuilding and conversion, $15,724,520,000. 

(4) For other procurement, $6,381,815,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Marine Corps 

in the amount of $1,296,838,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2011 for procurement 

of ammunition for the Navy and the Marine Corps in the amount 

of $817,991,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement for the Air Force as follows: 

(1) For aircraft, $14,668,408,000. 

(2) For ammunition, $672,420,000. 

(3) For missiles, $5,444,464,000. 

(4) For other procurement, $17,845,342,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for Defense-wide procurement in the amount of 

$4,398,168,000. 

Subtitle B—Navy Programs 

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

(a) AUTHORITY TO USE MULTIPLE YEARS OF FUNDING.—The Secretary of the Navy may enter into a contract for detail design and 

construction of the LHA Replacement ship designated LHA–7 that 

provides that, subject to subsection (b), funds for payments under 

the contract may be provided from amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2011 and 2012. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for a 

fiscal year after fiscal year 2011 is subject to the availability of appropriations for that purpose for such later fiscal year. 

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

(a) FINDINGS.—Congress finds the following: 

(1) The Navy terminated the EP–X program to acquire a new 

land-based airborne signals intelligence capability because of 

escalating costs and funds budgeted for the program were reallocated 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 


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Electronic System II (ARIES II)—the aircraft and associated 

electronic equipment of this system are aging and will require 

replacement or substantial ongoing upgrades to continue to 

meet requirements. 

(4) The Special Projects Aircraft (SPA) platform of the Navy 

is the second critical element in the airborne signals intelligence capability of the Navy and provides the Navy its most 

advanced, comprehensive multi-intelligence and quick-reaction 

capability available. 

(b) REQUIREMENT TO MAINTAIN CAPABILITIES.— (1) PROHIBITION ON RETIREMENT OF PLATFORMS.—The Secretary of the Navy may not retire (or to prepare to retire) the 

EP–3E Airborne Reconnaissance Integrated Electronic System 

II or Special Projects Aircraft platform. 

(2) MAINTENANCE OF PLATFORMS.—The Secretary of the Navy 

shall continue to maintain, sustain, and upgrade the EP–3E 

Airborne Reconnaissance Integrated Electronic System II and 

Special Projects Aircraft platforms in order to provide capabilities necessary to operate effectively against rapidly evolving 

threats and to meet combatant commander operational intelligence, surveillance, and reconnaissance requirements. 

(3) CERTIFICATION.—Not later than February 1, 2011, and 

annually thereafter, the Under Secretary of Defense for Intelligence and the Vice Chairman of the Joint Chiefs of Staff shall 

jointly certify to Congress the following: 

(A) The Secretary of the Navy is maintaining and sustaining the EP–3E Airborne Reconnaissance Integrated 

Electronic System II and Special Projects Aircraft platform 

in a manner that meets the intelligence, surveillance, and 

reconnaissance requirements of the commanders of the 

combatant commands. 

(B) Any plan for the retirement or replacement of the 

EP–3E Airborne Reconnaissance Integrated Electronic 

System II or Special Projects Aircraft platform will provide, in the aggregate, an equivalent or superior capability 

and capacity to the platform concerned. 

(4) TERMINATION.—The requirements of this subsection with 

respect to the EP–3E Airborne Reconnaissance Integrated 

Electronic System II or the Special Projects Aircraft platform 

shall expire on the commencement of the fielding by the Navy 

of a platform or mix of platforms and sensors that are, in the 

aggregate, equivalent or superior to the EP–3E Airborne Reconnaissance Integrated Electronic System II (spiral 3) or the 

Special Projects Aircraft (P909) platform. 

(c) RESTRICTION ON TRANSFER OF SABER FOCUS PROGRAM ISR 

CAPABILITIES.— 

(1) RESTRICTION.—The Secretary of the Navy may not transfer the Saber Focus unmanned aerial system, associated equipment, or processing, exploitation, and dissemination capabilities of the Saber Focus program to the Secretary of the Air 

Force until 30 days after the Secretary of the Air Force certifies to the congressional defense committees that after such 

a transfer, the Secretary of the Air Force will provide intelligence, surveillance, and reconnaissance (hereinafter in this 


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section referred to as ‘‘ISR’’) capabilities at the same or greater 

capability and capacity level as the capability or capacity level 

at which the Saber Focus program provides such capabilities 

to the area of operations concerned as of the date of the enactment of this Act. 

(2) CONTINUED NAVY PROVISION OF CAPABILITIES.—The Secretary of the Navy shall continue to provide Saber Focus ISR 

program capabilities at the same or greater capability and capacity level as the capability or capacity level at which the 

Saber Focus program provides such capabilities as of the date 

of the enactment of this Act to the area of operations concerned 

until— 

(A) the certification referred to in paragraph (1) is provided to the congressional defense committees; or 

(B) 30 days after the Secretary of Defense certifies to the 

congressional defense committees that the ISR capabilities 

of the Saber Focus program are no longer required to mitigate the ISR requirements of the combatant commander in 

the area of operations concerned. 

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

(a) REPORT.—Not later than March 31, 2011, the Secretary of Defense, in coordination with the Secretary of the Navy and the Chief 

of Naval Operations, shall submit to the congressional defense committees a report on the force structure requirements of the major 

combatant surface vessels with respect to ballistic missile defense. 

(b) MATTERS INCLUDED.—The report shall include the following: 

(1) An analysis of whether the requirement for sea-based 

missile defense can be accommodated by upgrading Aegis ships 

that exist as of the date of the report or by procuring additional combatant surface vessels. 

(2) A discussion of whether such sea-based missile defense 

will require increasing the overall number of combatant surface vessels beyond the requirement of 88 cruisers and destroyers in the 313-ship fleet plan of the Navy. 

(3) A discussion of the process for determining the number 

of Aegis ships needed by each commander of the combatant 

commands to fulfill ballistic missile defense requirements, including (in consultation with the Chairman of the Joints Chiefs 

of Staff) the number of such ships needed to support the 

phased, adaptive approach to ballistic missile defense in Europe. 

(4) A discussion of the impact of Aegis Ashore missile defense deployments, as well as deployment of other elements of 

the ballistic missile defense system, on Aegis ballistic missile 

defense ship force structure requirements. 

(5) A discussion of the potential effect of ballistic missile defense operations on the ability of the Navy to meet surface 

fleet demands in each geographic area and for each mission 

set. 

(6) An evaluation of how the Aegis ballistic missile defense 

program can succeed as part of a balanced fleet of adequate 

size and strength to meet the security needs of the United 

States. 


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(7) A description of both the shortfalls and the benefits of expected technological advancements in the sea-based missile defense program. 

(8) A description of the anticipated plan for deployment of 

Aegis ballistic missile defense ships within the context of the 

fleet response plan. 

SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A–18 AIRCRAFT 

BY THE DEPARTMENT OF THE NAVY. 

(a) COST-BENEFIT ANALYSIS OF SERVICE LIFE EXTENSION OF F/A– 

18 AIRCRAFT.—Before the Secretary of the Navy may enter into a 

program to extend the service life of F/A–18 aircraft beyond 8,600 

hours, the Secretary shall— 

(1) conduct a cost-benefit analysis, in accordance with Office 

of Management and Budget Circular A–94, comparing extending the service life of existing F/A–18 aircraft with procuring 

additional F/A–18E or F/A–18F aircraft as a means of managing the shortfall of the Department of the Navy in strike 

fighter aircraft; and 

(2) submit to the congressional defense committees a report 

on such cost-benefit analysis. 

(b) ELEMENTS OF COST-BENEFIT ANALYSIS.—The cost-benefit 

analysis required by subsection (a)(1) shall include the following: 

(1) An estimate of the full costs, over the period covered by 

the future-years defense program submitted to Congress under 

section 221 of title 10, United States Code, with the budget of 

the President, of extending legacy F/A–18 aircraft beyond 8,600 

hours, including— 

(A) any increases in operation and maintenance costs associated with operating such aircraft beyond a service life 

of 8,600 hours; and 

(B) the costs with respect to the airframe, avionics, software, and aircraft subsystems and components required to 

remain relevant in countering future threats and meeting 

the warfighting requirements of the commanders of the 

combatant commands. 

(2) An estimate of the full costs, over the period covered by 

such future-years defense program, of procuring such additional F/A–18E or F/A–18F aircraft as would be required to 

meet the strike fighter requirements of the Department of the 

Navy in the event the service life of legacy F/A–18 aircraft is 

not extended beyond 8,600 hours. 

(3) An assessment of risks associated with extending the 

service life of legacy F/A–18 aircraft beyond 8,600 hours, including the level of certainty that the Secretary will be able to 

achieve such an extension. 

(4) An estimate of the cost-per-flight hour incurred in operating legacy F/A–18 aircraft with a service life extended beyond 8,600 hours. 

(5) An estimate of the cost-per-flight hour incurred for operating new F/A–18E or FA–18F aircraft. 

(6) An assessment of any alternatives to extending the service life of legacy F/A–18 aircraft beyond 8,600 hours or buying 

additional F/A–18E or F/A–18F aircraft that may be available 


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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 servicelife extension; 

(B) F/A–18E or F/A–18F aircraft; and 

(C) F–35C aircraft. 

(2) Differences in capabilities that would result under the 

legacy F/A–18 aircraft service-life extension program if such 

program would— 

(A) provide only airframe-life extensions to the legacy F/ 

A–18 aircraft fleet; and 

(B) provide for airframe-life extensions and capability 

upgrades to the legacy F/A–18 aircraft fleet. 

(3) Any disruption that procuring additional F/A–18E or F/ 

A–18F aircraft, rather than extending the service life of legacy 

F/A–18 aircraft beyond 8,600 hours, would have on the plan of 

the Navy to procure operational carrier-variant Joint Strike 

Fighter aircraft. 

(4) Any changes that procuring additional F/A–18E or FA– 

18F aircraft, rather than extending the service life of legacy F/ 

A–18 aircraft beyond 8600 hours, would have on the force 

structure or force mix intended by the Navy for its carrier air 

wings. 

(5) Any other operational implication of extending (or not extending) the service life of legacy F/A–18 aircraft that the Secretary considers appropriate. 

(d) REPORT ON OPERATIONAL F/A–18 AIRCRAFT SQUADRONS.—Before reducing the number of F/A–18 aircraft in an operational 

squadron of the Navy or Marine Corps, the Secretary shall submit 

to the congressional defense committees a report that discusses the 

operational risks and impacts of reducing the squadron size. The 

report shall include an assessment of the following: 

(1) The effect of the reduction on the operational capability 

and readiness of the Navy and the Marine Corps to conduct 

overseas contingency operations. 

(2) The effect of the reduction on the capability of the Navy 

and the Marine Corps to meet ongoing operational demands. 

(3) Any mechanisms the Secretary intends to use to mitigate 

any risks associated with the squadron size reduction. 

(4) The effect of the reduction on pilots and ground support 

crews of F/A–18 aircraft, in terms of training, readiness, and 

war fighting capabilities. 

(e) REPORT ON F/A–18 AIRCRAFT TRAINING SQUADRONS.—Before 

reducing the size of an F/A–18 aircraft training squadron, or transferring an F/A–18 training aircraft for operational needs, the Secretary shall submit to the congressional defense committees a report that describes— 

(1) any risks to sustaining required training of F/A–18 aircraft pilots with a reduced training aircraft base; and 


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(2) any actions the Navy is taking to mitigate the risks described under paragraph (1). 

Subtitle C—Joint and Multiservice Matters 

SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS. 

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for biometrics programs 

and operations, not more than 85 percent may be obligated or expended until— 

(1) the Secretary of Defense submits to the congressional defense committees a report on the actions taken and planned to 

be taken— 

(A) to implement subparagraphs (A) through (F) of paragraph (16) of the National Security Presidential Directive 

dated June 5, 2008 (NSPD–59); 

(B) to implement the recommendations of the Comptroller General of the United States included in the report 

of the Comptroller General numbered GAO–08–1065 dated 

September 2008; 

(C) to implement the recommendations of the Comptroller General included in the report of the Comptroller 

General numbered GAO–09–49 dated October 2008; 

(D) to fully and completely characterize the current biometrics architecture and establish the objective architecture for the Department of Defense; 

(E) to ensure that an official of the Office of the Secretary of Defense has the authority necessary to be responsible for ensuring that all funding for biometrics programs 

and operations is programmed, budgeted, and executed; 

and 

(F) to ensure that an officer within the Office of the 

Joint Chiefs of Staff has the authority necessary to be responsible for ensuring the development and implementation of common and interoperable standards for the collection, storage, and use of biometrics data by all commanders of the combatant commands and their commands; 

and 

(2) a period of 30 days has elapsed after the date on which 

the report is submitted under paragraph (1). 

SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F–35 

JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. 

(a) SYSTEM MANAGEMENT PLAN.— 

(1) PLAN REQUIRED.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish a management plan for 

the F–35 Joint Strike Fighter aircraft program under which 

decisions to commit to specified levels of production are linked 

to progress in meeting specified program milestones, including 

design, manufacturing, testing, and fielding milestones for critical system maturity elements. 

(2) NATURE OF PLAN.—The plan under paragraph (1) shall 

align technical progress milestones with acquisition milestones 

in a system maturity matrix. The matrix shall provide criteria 


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and conditions for comparing expected levels of demonstrated 

system maturity with annual production commitments, starting with the fiscal year 2012 production program, and continuing over the remaining life of the system development and 

demonstration program. The matrix and criteria shall include 

elements such as the following: 

(A) Manufacturing maturity, including on-time deliveries, manufacturing process control, quality rates, and 

labor efficiency rates. 

(B) Engineering maturity, including metrics for the 

number of new design actions and number of design 

changes in a given period. 

(C) Performance and testing progress, including test 

points, hours and flights accomplished, capabilities demonstrated, key performance parameters, and attributes 

demonstrated. 

(D) Mission effectiveness and system reliability, including operational effectiveness and reliability growth. 

(E) Training, fielding, and deployment status. 

(b) REPORTS TO CONGRESS.— (1) INITIAL REPORT.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

congressional defense committees a report setting forth the 

plan required by subsection (a). The report shall include— 

(A) the proposed system maturity matrix described in 

subsection (a)(2), including a description, for each element 

specified in the matrix under subsection (a)(2), of the criteria and milestones to be used in evaluating actual program performance against planned performance for each 

annual production commitment; and 

(B) a description of the actions to be taken to implement 

the plan. 

(2) UPDATES.—The Secretary shall submit to Congress, at or 

about the same time as the submittal to Congress of the budget of the President for any fiscal year after fiscal year 2012 (as 

submitted pursuant to section 1105(a) of title 31, United States 

Code), any modification to the plan required by subsection (a) 

that was made during the preceding calendar year, including 

a rationale for each such modification. 

(c) REPORT ON CAPABILITIES OF MARINE CORPS VARIANT OF F–35 

FIGHTER AIRCRAFT AT INITIAL OPERATING CAPABILITY.— 

(1) IN GENERAL.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the expected capabilities of the F–35B Joint Strike Fighter aircraft at the time 

when the Marine Corps plans to declare Initial Operating Capability for the F–35B Joint Strike Fighter aircraft. The report 

shall be prepared in consultation with the Under Secretary of 

Defense for Acquisition, Technology, and Logistics. 

(2) ELEMENTS.—The report under paragraph (1) shall including a description of the following with respect to the F–35B 

Joint Strike Fighter aircraft: 

(A) Performance of the aircraft and its subsystems, compared to key performance parameters. 


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(B) Expected capability to perform Marine Corps missions. 

(C) Required maintenance and logistics standards, including mission capability rates. 

(D) Expected levels of crew training and performance. 

(E) Product improvements that are planned before the 

Initial Operating Capability of the aircraft to be made 

after the Initial Operating Capability of the aircraft, as 

planned in March 2010. 

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

(a) QUARTERLY REPORTS REQUIRED.— 

(1) IN GENERAL.—Not later than 30 days after the end of 

each fiscal quarter, the commander of the United States Special Operations Command shall submit to the congressional defense committees a report on the use of Combat Mission Requirements funds during the preceding fiscal quarter. 

(2) COMBAT MISSION REQUIREMENTS FUNDS.—For purposes of 

this section, Combat Mission Requirements funds are amounts 

available to the Department of Defense for Defense-wide procurement in the Combat Mission Requirements subaccount of 

the Defense-wide Procurement account. 

(b) ELEMENTS.—Each report under subsection (a) shall include, 

for the fiscal quarter covered by such report, the following: 

(1) The balance of the Combat Mission Requirements subaccount at the beginning of such quarter. 

(2) The balance of the Combat Mission Requirements subaccount at the end of such quarter. 

(3) Any transfer of funds into or out of the Combat Mission 

Requirements subaccount during such quarter, including the 

source of any funds transferred into the subaccount, and the 

objective of any transfer of funds out of the subaccount. 

(4) A description of any requirement— 

(A) approved for procurement using Combat Mission Requirements funds during such quarter; or 

(B) procured using such funds during such quarter. 

(5) With respect to each description of a requirement under 

paragraph (4), the amount of Combat Mission Requirements 

funds committed to the procurement or approved procurement 

of such requirement. 

(c) FORM.—Each report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

SEC. 124. COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES 

DATABASE. 

(a) COMPREHENSIVE DATABASE.— 

(1) IN GENERAL.—The Secretary of Defense, acting through 

the Director of the Joint Improvised Explosive Device Defeat 

Organization, shall develop and maintain a comprehensive 

database containing appropriate information for coordinating, 

tracking, and archiving each counter-improvised explosive device initiative within the Department of Defense. The database 

shall, at a minimum, ensure the visibility of each counter-improvised explosive device initiative. 


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(2) USE OF INFORMATION.—Using information contained in 

the database developed under paragraph (1), the Secretary, 

acting through the Director of the Joint Improvised Explosive 

Device Defeat Organization, shall— 

(A) identify and eliminate redundant counter-improvised 

explosive device initiatives; 

(B) facilitate the transition of counter-improvised explosive device initiatives from funding under the Joint Improvised Explosive Device Defeat Fund to funding provided by 

the military departments; and 

(C) notify the appropriate personnel and organizations 

prior to a counter-improvised explosive device initiative 

being funded through the Joint Improvised Explosive Device Defeat Fund. 

(3) COORDINATION.—In carrying out paragraph (1), the Secretary shall ensure that the Secretary of each military department coordinates and collaborates on development of the database to ensure its interoperability, completeness, consistency, 

and effectiveness. 

(b) METRICS.—The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall— 

(1) develop appropriate means to measure the effectiveness 

of counter-improvised explosive device initiatives; and 

(2) prioritize the funding of such initiatives according to such 

means. 

(c) COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVE DE- FINED.—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. 


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(4) The efficiency and effectiveness of current body armor 

funding procedures and processes. 

(5) Industry concerns, capabilities, and willingness to invest 

in the development and production of lightweight body armor 

initiatives. 

(6) Barriers preventing the development of lighter weight 

body armor (including such barriers with respect to technical, 

institutional, or financial problems). 

(7) Changes to procedures or policy with respect to lightweight body armor. 

(8) Other areas of concern not previously addressed by equipping boards, body armor producers, or program managers. 

(c) SUBMISSION TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit to the 

congressional defense committees a report on the study conducted 

under subsection (a). 

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

(a) ANALYSIS OF FEASIBILITY REQUIRED.—The Secretary of Defense shall conduct an analysis of the feasibility of integrating solid 

state laser systems into the aircraft platforms specified in subsection (b) for purposes of permitting such aircraft to accomplish 

their missions, including to provide close air support. 

(b) AIRCRAFT.—The aircraft platforms specified in this subsection 

shall include, at a minimum, the following: 

(1) The C–130 aircraft. 

(2) The B–1 bomber aircraft. 

(3) The F–35 fighter aircraft. 

(c) SCOPE OF ANALYSIS.—The analysis required by subsection (a) 

shall include a determination of the following: 

(1) The estimated cost per unit of each laser system analyzed. 

(2) The estimated cost of operation and maintenance of each 

aircraft platform specified in subsection (b) in connection with 

each laser system analyzed, noting that the fidelity of such 

analysis may not be uniform for all aircraft platforms. 

SEC. 127. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE CAPACITIES. 

(a) TELESCOPE REQUIREMENTS UNDER CONTRACTS AFTER 2010.— 

Except as provided in subsection (b), any contract for additional 

commercial imaging satellite capability or capacity entered into by 

the Department of Defense after December 31, 2010, shall require 

that the imaging telescope providing such capability or capacity 

under such contract has an aperture of not less than 1.5 meters. 

(b) WAIVER.—The Secretary of Defense may waive the limitation 

in subsection (a) if— 

(1) the Secretary submits to the congressional defense committees written certification that the waiver is in the national 

security interests of the United States; and 

(2) a period of 30 days has elapsed following the date on 

which the certification under paragraph (1) is submitted. 

(c) CONTINUATION OF CURRENT CONTRACTS.—The limitation in 

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cial imaging satellite capability or capacity in orbit or under contract by December 31, 2010. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Enhancement of Department of Defense support of science, mathematics, 

and engineering education. 

Sec. 212. Limitation on use of funds by Defense Advanced Research Projects Agency for operation of National Cyber Range. 

Sec. 213. Separate program elements required for research and development of 

Joint Light Tactical Vehicle. 

Sec. 214. Program for research, development, and deployment of advanced ground 

vehicles, ground vehicle systems, and components. 

Sec. 215. Demonstration and pilot projects on cybersecurity. 

Subtitle C—Missile Defense Programs 

Sec. 221. Sense of Congress on ballistic missile defense. 

Sec. 222. Repeal of prohibition of certain contracts by Missile Defense Agency with 

foreign entities. 

Sec. 223. Limitation on availability of funds for missile defense interceptors in Europe. 

Sec. 224. Medium Extended Air Defense System. 

Sec. 225. Acquisition accountability reports on the ballistic missile defense system. 

Sec. 226. Authority to support ballistic missile shared early warning with the 

Czech Republic. 

Sec. 227. Report on phased, adaptive approach to missile defense in Europe. 

Sec. 228. Independent review and assessment of the Ground-Based Midcourse Defense system. 

Sec. 229. Iron Dome short-range rocket defense program. 

Subtitle D—Reports 

Sec. 231. Report on analysis of alternatives and program requirements for the 

Ground Combat Vehicle program. 

Sec. 232. Cost benefit analysis of future tank-fired munitions. 

Sec. 233. Annual Comptroller General report on the VH–(XX) presidential helicopter acquisition program. 

Subtitle E—Other Matters 

Sec. 241. Sense of Congress affirming the importance of Department of Defense 

participation in development of next generation semiconductor technologies. 

Sec. 242. Pilot program on collaborative energy security. 

Sec. 243. Pilot program to include technology protection features during research 

and development of defense systems. 

Subtitle A—Authorization of Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $10,093,704,000. 

(2) For the Navy, $17,881,008,000. 

(3) For the Air Force, $27,319,627,000. 

(4) For Defense-wide activities, $21,292,576,000, of which 

$194,910,000 is authorized for the Director of Operational Test 

and Evaluation. 


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Subtitle B—Program Requirements, Restrictions, and 

Limitations 

SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF 

SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION. 

(a) DISCHARGE OF SUPPORT THROUGH MILITARY DEPARTMENTS.— 

Section 2192(b) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The Secretary of Defense may carry out the authority in 

paragraph (1) through the Secretaries of the military departments.’’. 

(b) PARTNERSHIP INTERMEDIARIES FOR PURPOSES OF EDUCATION

PARTNERSHIPS.—Section 2194 of such title is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) The Secretary of Defense may permit the director of a defense laboratory to enter into a cooperative agreement with an appropriate entity to act as an intermediary and assist the director 

in carrying out activities under this section.’’. 

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

(a) PROHIBITION ON USE OF FUNDS PENDING REPORT.—Amounts 

authorized to be appropriated by this Act and available to the Defense Advanced Research Projects Agency may not be obligated or 

expended for the National Cyber Range established in support of 

the Comprehensive National Cybersecurity Initiative until the date 

that is 90 days after the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report described in subsection (c). 

(b) LIMITATION ON USE OF FUNDS AFTER REPORT.—Commencing 

on the date that is 90 days after the date on which the Under Secretary submits a report described in subsection (c), amounts described in subsection (a) shall be available for obligation or expenditure only for the purposes of research and development activities 

that the Under Secretary considers appropriate for ensuring and 

assessing the functionality of the National Cyber Range. 

(c) REPORT.— 

(1) IN GENERAL.—The report described in this subsection is 

a report setting forth a plan for the transition of the National 

Cyber Range to operation and sustainment. 

(2) ELEMENTS.—The report shall include, at a minimum, the 

following: 

(A) An analysis of various potential recipients under the 

transition of the National Cyber Range. 

(B) For each recipient analyzed under subparagraph (A), 

a description of the proposed transition of the National 

Cyber Range to such recipient, including the proposed 

schedule and funding for such transition. 


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(3) POTENTIAL RECIPIENTS.—The recipients analyzed in the 

report under paragraph (2)(A) shall include, at a minimum, the 

following: 

(A) A consortium for the operation and sustainment of 

the National Cyber Range as a government-owned, government-operated facility. 

(B) A consortium for the operation and sustainment of 

the National Cyber Range as a government-owned, contractor-operated facility. 

SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH 

AND DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE. 

In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, 

pursuant to section 1105 of title 31, United States Code, of the 

budget for fiscal year 2012, and each subsequent fiscal year, the 

Secretary shall ensure that within each research, development, 

test, and evaluation account of the Army and the Navy a separate, 

dedicated program element is assigned to the Joint Light Tactical 

Vehicle. 

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

(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry 

out a program for research and development on, and deployment 

of, advanced technology ground vehicles, ground vehicle systems, 

and components within the Department of Defense. 

(b) GOALS AND OBJECTIVES.—The goals and objectives of the program authorized by subsection (a) are as follows: 

(1) To identify and support technological advances that are 

necessary for the development of advanced technologies for use 

in ground vehicles of types to be used by the Department of 

Defense. 

(2) To procure and deploy significant quantities of advanced 

technology ground vehicles for use by the Department. 

(3) To maximize the leverage of Federal and nongovernment 

funds used for the development and deployment of advanced 

technology ground vehicles, ground vehicle systems, and components. 

(c) ELEMENTS OF PROGRAM.—The program authorized by subsection (a) may include— 

(1) enhanced research and development activities for advanced technology ground vehicles, ground vehicle systems, 

and components, including— 

(A) increased investments in research and development 

of batteries, advanced materials, power electronics, fuel 

cells and fuel cell systems, hybrid systems, and advanced 

engines; 

(B) pilot projects for the demonstration of advanced technologies in ground vehicles for use by the Department of 

Defense; and 

(C) the establishment of public-private partnerships, including research centers, manufacturing and prototyping 

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ment, and transition to use of advanced technology ground 

vehicles, ground vehicle systems, and components; and 

(2) enhanced activities to procure and deploy advanced technology ground vehicles in the Department, including— 

(A) preferences for the purchase of advanced technology 

ground vehicles; 

(B) the use of authorities available to the Secretary of 

Defense to stimulate the development and production of 

advanced technology systems and ground vehicles through 

purchases, loan guarantees, and other mechanisms; 

(C) pilot programs to demonstrate advanced technology 

ground vehicles and associated infrastructure at select defense installations; 

(D) metrics to evaluate environmental and other benefits, life cycle costs, and greenhouse gas emissions associated with the deployment of advanced technology ground 

vehicles; and 

(E) schedules and objectives for the conversion of the 

ground vehicle fleet of the Department to advanced technology ground vehicles. 

(d) COOPERATION WITH INDUSTRY AND ACADEMIA.— 

(1) IN GENERAL.—The Secretary may carry out the program 

authorized by subsection (a) through partnerships and other 

cooperative agreements with private sector entities, including— 

(A) universities and other academic institutions; 

(B) companies in the automobile and truck manufacturing industry; 

(C) companies that supply systems and components to 

the automobile and truck manufacturing industry; and 

(D) any other companies or private sector entities that 

the Secretary considers appropriate. 

(2) NATURE OF COOPERATION.—The Secretary shall ensure 

that any partnership or cooperative agreement under paragraph (1) provides for private sector participants to collectively 

contribute, in cash or in kind, not less than one-half of the 

total cost of the activities carried out under such partnership 

or cooperative agreement. 

(e) COORDINATION WITH OTHER FEDERAL AGENCIES.—The program authorized by subsection (a) shall be carried out, to the maximum extent practicable, in coordination with the Department of 

Energy and other appropriate departments and agencies of the 

Federal Government. 

SEC. 215. DEMONSTRATION AND PILOT PROJECTS ON CYBERSECURITY. 

(a) DEMONSTRATION PROJECTS ON PROCESSES FOR APPLICATION

OF COMMERCIAL TECHNOLOGIES TO CYBERSECURITY REQUIREMENTS.— 

(1) PROJECTS REQUIRED.—The Secretary of Defense and the 

Secretaries of the military departments shall jointly carry out 

demonstration projects to assess the feasibility and advisability 

of using various business models and processes to rapidly and 

effectively identify innovative commercial technologies and 


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apply such technologies to Department of Defense and other 

cybersecurity requirements. 

(2) SCOPE OF PROJECTS.—Any demonstration project under 

paragraph (1) shall be carried out in such a manner as to contribute to the cyber policy review of the President and the 

Comprehensive National Cybersecurity Initiative. 

(b) PILOT PROGRAMS ON CYBERSECURITY REQUIRED.—The Secretary of Defense shall support or conduct pilot programs on cybersecurity with respect to the following areas: 

(1) Threat sensing and warning for information networks 

worldwide. 

(2) Managed security services for cybersecurity within the 

defense industrial base, military departments, and combatant 

commands. 

(3) Use of private processes and infrastructure to address 

threats, problems, vulnerabilities, or opportunities in cybersecurity. 

(4) Processes for securing the global supply chain. 

(5) Processes for threat sensing and security of cloud computing infrastructure. 

(c) REPORTS.— (1) REPORTS REQUIRED.—Not later than 240 days after the 

date of the enactment of this Act, and annually thereafter at 

or about the time of the submittal to Congress of the budget 

of the President for a fiscal year (as submitted pursuant to section 1105(a) of title 31, United States Code), the Secretary of 

Defense shall, in coordination with the Secretary of Homeland 

Security, submit to Congress a report on any demonstration 

projects carried out under subsection (a), and on the pilot 

projects carried out under subsection (b), during the preceding 

year. 

(2) ELEMENTS.—Each report under this subsection shall include the following: 

(A) A description and assessment of any activities under 

the demonstration projects and pilot projects referred to in 

paragraph (1) during the preceding year. 

(B) For the pilot projects supported or conducted under 

subsection (b)(2)— 

(i) a quantitative and qualitative assessment of the 

extent to which managed security services covered by 

the pilot project could provide effective and affordable 

cybersecurity capabilities for components of the Department of Defense and for entities in the defense industrial base, and an assessment whether such services could be expanded rapidly to a large scale without 

exceeding the ability of the Federal Government to 

manage such expansion; and 

(ii) an assessment of whether managed security 

services are compatible with the cybersecurity strategy 

of the Department of Defense with respect to conducting an active, in-depth defense under the direction 

of United States Cyber Command. 

(C) For the pilot projects supported or conducted under 

subsection (b)(3)— 


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(i) a description of any performance metrics established for purposes of the pilot project, and a description of any processes developed for purposes of accountability and governance under any partnership 

under the pilot project; and 

(ii) an assessment of the role a partnership such as 

a partnership under the pilot project would play in the 

acquisition of cyberspace capabilities by the Department of Defense, including a role with respect to the 

development and approval of requirements, approval 

and oversight of acquiring capabilities, test and evaluation of new capabilities, and budgeting for new capabilities. 

(D) For the pilot projects supported or conducted under 

subsection (b)(4)— 

(i) a framework and taxonomy for evaluating practices that secure the global supply chain, as well as 

practices for securely operating in an uncertain or 

compromised supply chain; 

(ii) an assessment of the viability of applying commercial practices for securing the global supply chain; 

and 

(iii) an assessment of the viability of applying commercial practices for securely operating in an uncertain or compromised supply chain. 

(E) For the pilot projects supported or conducted under 

subsection (b)(5)— 

(i) an assessment of the capabilities of Federal Government providers to offer secure cloud computing environments; and 

(ii) an assessment of the capabilities of commercial 

providers to offer secure cloud computing environments to the Federal Government. 

(3) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

Subtitle C—Missile Defense Programs 

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

(a) SENSE OF CONGRESS.—It is the sense of Congress— 

(1) that the phased, adaptive approach to missile defense in 

Europe is an appropriate response to the existing ballistic missile threat from Iran to the European territory of North Atlantic Treaty Organization countries, and to potential future ballistic missile capabilities of Iran; 

(2) that the phased, adaptive approach to missile defense in 

Europe is not intended to, and will not, provide a missile defense capability relative to the ballistic missile deterrent forces 

of the Russian Federation, or diminish strategic stability with 

the Russian Federation; 

(3) to support the efforts of the United States Government 

and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense 

relative to Iranian missile threats; 


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(4) that the ground-based midcourse defense system deployed 

in Alaska and California currently provides adequate defensive 

capability for the United States against currently anticipated 

future long-range ballistic missile threats from Iran, and this 

capability will be enhanced as the system is improved, including by the planned deployment of an AN/TPY–2 radar in 

southern Europe in 2011; 

(5) that the ground-based midcourse defense system should 

be maintained, enhanced, and adequately tested to ensure its 

operational capability through its service life; 

(6) that the United States should, as stated in its unilateral 

statement accompanying the New START Treaty, ‘‘continue 

improving and deploying its missile defense systems in order 

to defend itself against limited attack and as part of our collaborative approach to strengthening stability in key regions’’; 

(7) that, as part of this effort, the Department of Defense 

should pursue the development, testing, and deployment of 

operationally effective versions of all variants of the standard 

missile–3 for all four phases of the phased, adaptive approach 

to missile defense in Europe; 

(8) that the standard missile–3 block IIB interceptor missile 

planned for deployment in phase 4 of the phased, adaptive approach should be capable of addressing the potential future 

threat of intermediate-range and long-range ballistic missiles 

from Iran, including intercontinental ballistic missiles that 

could be capable of reaching the United States; 

(9) that there are no constraints contained in the New 

START Treaty on the development or deployment by the 

United States of effective missile defenses, including all phases 

of the phased, adaptive approach to missile defense in Europe 

and further enhancements to the ground-based midcourse defense system, as well as future missile defenses; and 

(10) that the Department of Defense should continue the development, testing, and assessment of the two-stage groundbased interceptor in such a manner as to provide a hedge 

against potential technical challenges with the development of 

the standard missile–3 block IIB interceptor missile as a 

means of augmenting the defense of Europe and of the homeland against a limited ballistic missile attack from nations 

such as North Korea or Iran. 

(b) NEW START TREATY DEFINED.—In this section, the term 

‘‘New START Treaty’’ means the Treaty between the United States 

of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed 

on April 8, 2010. 

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

Section 222 of the National Defense Authorization Act for Fiscal 

Years 1988 and 1989 (Public Law 100–180; 101 Stat. 1055; 10 

U.S.C. 2431 note) is repealed. 

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

(a) LIMITATION ON CONSTRUCTION AND DEPLOYMENT OF INTER- CEPTORS.—No funds authorized to be appropriated by this Act or 


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otherwise made available for the Department of Defense for fiscal 

year 2011 or any fiscal year thereafter may be obligated or expended for site activation, construction, or deployment of missile 

defense interceptors on European land as part of the phased, 

adaptive approach to missile defense in Europe until— 

(1) any nation agreeing to host such system has signed and 

ratified a missile defense basing agreement and a status of 

forces agreement authorizing the deployment of such interceptors; and 

(2) a period of 45 days has elapsed following the date on 

which the Secretary of Defense submits to the congressional 

defense committees the report on the independent assessment 

of alternative missile defense systems in Europe required by 

section 235(c)(2) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2235). 

(b) LIMITATION ON PROCUREMENT OR DEPLOYMENT OF INTERCEP- TORS.—No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 

2011 or any fiscal year thereafter may be obligated or expended for 

the procurement (other than initial long-lead procurement) or deployment of operational missiles on European land as part of the 

phased, adaptive approach to missile defense in Europe until the 

Secretary of Defense, after receiving the views of the Director of 

Operational Test and Evaluation, submits to the congressional defense committees a report certifying that the proposed interceptor 

to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, 

a high probability of working in an operationally effective manner 

and that such missile defense system has the ability to accomplish 

the mission. 

(c) WAIVER.—The Secretary of Defense may waive the limitations 

in subsections (a) and (b) if— 

(1) the Secretary submits to the congressional defense committees written certification that the waiver is in the urgent 

national security interests of the United States; and 

(2) a period of seven days has elapsed following the date on 

which the certification under paragraph (1) is submitted. 

(d) CONSTRUCTION.—Nothing in this section shall be construed so 

as to limit the obligation and expenditure of funds for any missile 

defense activities not otherwise limited by subsection (a) or (b), including, with respect to the planned deployments of missile defense 

interceptors on European land as part of the phased, adaptive approach to missile defense in Europe— 

(1) research, development, test and evaluation; 

(2) site surveys; 

(3) studies and analyses; and 

(4) site planning and design and construction design. 

(e) CONFORMING REPEAL.—Section 234 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–81; 123 

Stat. 2234) is repealed. 

SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM. 

(a) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in this title for fiscal year 2011 for research, development, test, and evaluation, Army, of the amount 


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that corresponds with budget activity five, line 117, in the budget 

transmitted to Congress by the President for fiscal year 2011, not 

more than 25 percent may be obligated or expended until the date 

on which— 

(1) the Secretary of Defense completes the critical design review and the system program review for the medium extended 

air defense system program and decides to proceed with the 

program; and 

(2) the Secretary submits in writing to the congressional defense committees a report containing the decision referred to in 

paragraph (1) to proceed with the medium extended air defense system. 

(b) FURTHER LIMITATIONS.— 

(1) IN GENERAL.—Of the amounts authorized to be appropriated in this title for fiscal year 2011 for research, development, test, and evaluation, Army, of the amount that corresponds with budget activity five, line 117, in the budget 

transmitted to Congress by the President for fiscal year 2011, 

not more than 50 percent may be obligated or expended until 

a period of 30 days have elapsed following the date on which 

the Secretary submits to the congressional defense committees 

a report containing the elements specified in paragraph (2). 

(2) ELEMENTS OF REPORT.—The elements specified in this 

paragraph for the report described in paragraph (1) are the following: 

(A) A detailed description of the decision described in 

subsection (a)(1) and the explanation for that decision. 

(B) A cost estimate performed by the Director of Cost Assessment and Program Evaluation of the medium extended 

air defense system program, including an analysis of the 

cost growth in the program and an explanation of what effect such cost growth would have if the program were subject to the provisions of section 2433 of title 10, United 

States Code (commonly referred to as the ‘‘Nunn-McCurdy 

Act’’). 

(C) An analysis of alternatives to the medium extended 

air defense system program and its component elements. 

(D) A description of the planned schedule and cost for 

the development, production, and deployment of the medium extended air defense system, including the cost and 

schedule for any variations to the baseline program to be 

fielded by the Armed Forces. 

(E) A description of the role of Germany and Italy in the 

medium extended air defense system program, including 

the role of such countries in procurement or production of 

elements of such program. 

(F) Any other matters that the Secretary of Defense considers appropriate. 

(c) FORM OF REPORTS.—The reports submitted under this section 

shall be submitted in unclassified form, but may include a classified annex. 


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

(a) BASELINES REQUIRED.—The Secretary of Defense shall ensure 

that the Missile Defense Agency establishes and maintains an acquisition baseline for each program element of the ballistic missile 

defense system, as specified in section 223 of title 10, United States 

Code. 

(b) ELEMENTS OF BASELINES.—Each acquisition baseline required 

by subsection (a) for a program element shall include the following: 

(1) A comprehensive schedule for the program element, including— 

(A) research and development milestones; 

(B) acquisition milestones, including design reviews and 

key decision points; 

(C) key test events, including ground and flight tests and 

ballistic missile defense system tests; and 

(D) delivery and fielding schedules. 

(2) A detailed technical description of— 

(A) the capability to be developed, including hardware 

and software; 

(B) system requirements; 

(C) how the proposed capability satisfies a capability 

identified by the commanders of the combatant commands 

on a prioritized capabilities list; 

(D) key knowledge points that must be achieved to permit continuation of the program and to inform production 

and deployment decisions; and 

(E) how the Missile Defense Agency plans to improve the 

capability over time. 

(3) A cost estimate for the program element, including— 

(A) a life cycle cost estimate; 

(B) program acquisition unit costs for the program element; 

(C) average procurement unit costs and program acquisition costs for the program element; and 

(D) an identification when the program joint cost analysis requirements description document is scheduled to be 

approved. 

(4) A test baseline summarizing the comprehensive test program for the program element outlined in the integrated master test plan. 

(c) ANNUAL REPORTS ON ACQUISITION BASELINES.— (1) ANNUAL REPORTS REQUIRED.—Not later than February 

15, 2011, and annually thereafter, the Director of the Missile 

Defense Agency shall submit to the congressional defense committees a report on the acquisition baselines required by subsection (a). The first such report shall set forth the acquisition 

baselines, and each later report shall identify the significant 

changes or variances, if any, in any such baseline from any 

earlier report under this subsection. 

(2) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

(d) ANNUAL REPORTS ON MISSILE DEFENSE EXECUTIVE BOARD ACTIVITIES.—The Director shall include in each report under subVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00058 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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section (c) a description of the activities of the Missile Defense Executive Board during the preceding fiscal year, including the following: 

(1) A list of each meeting of the Board during the preceding 

fiscal year. 

(2) The agenda and issues considered at each such meeting. 

(3) A description of any decisions or recommendations made 

by the Board at each such meeting. 

SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED 

EARLY WARNING WITH THE CZECH REPUBLIC. 

(a) AUTHORITY TO SUPPORT SHARED EARLY WARNING.—During 

fiscal years 2011 and 2012, the Secretary of Defense may carry out 

a program to provide a ballistic missile shared early warning capability for the United States and the Czech Republic. 

(b) FISCAL YEAR 2011 FUNDING AUTHORIZATION.— 

(1) Of the funds authorized to be appropriated by this Act or 

any other Act for fiscal year 2011 for Operation and Maintenance, Air Force, $1,700,000 may be available for the purposes 

described in subsection (a). 

(2) Of the funds authorized to be appropriated by this Act or 

any other Act for fiscal year 2011 for Other Procurement, Air 

Force, $500,000 may be available for the purposes described in 

subsection (a). 

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

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the phased, 

adaptive approach to missile defense in Europe. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A detailed explanation of— 

(A) the analytic basis (including the analytic process and 

methodology) that led to the recommendation of the Secretary of Defense and the Joint Chiefs of Staff to pursue 

the phased, adaptive approach to missile defense in Europe, including the ability to defend deployed forces of the 

United States, allies, and partners in Europe, and the 

United States homeland, against the existing, emerging, 

and future threat from Iranian ballistic missiles in a timely and flexible manner; and 

(B) the planned defensive coverage of Europe provided 

by such missile defense. 

(2) A detailed explanation of the specific elements planned 

for each of the four phases of the phased, adaptive approach 

to missile defense in Europe, including schedules and parameters of planned deployments of missile defense systems at sea 

and on land, and the knowledge points or milestones that will 

be required prior to operational deployment of those elements. 

(3) A description of the factors and processes that will be 

used to determine the eventual numbers and locations of interceptors that will be deployed at sea and on land, and the concept of operations that will enable the phased, adaptive apVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00059 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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proach 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 GROUNDBASED MIDCOURSE DEFENSE SYSTEM. 

(a) INDEPENDENT REVIEW AND ASSESSMENT REQUIRED.—The Secretary of Defense shall select an appropriate entity outside the Department of Defense to conduct an independent review and assessment of the ground-based midcourse defense system. 

(b) ELEMENTS.—The review and assessment required by this section shall address the current plans of the Department of Defense 

with respect to the following: 

(1) The force structure and inventory levels necessary for the 

ground-based midcourse defense system to achieve the planned 

capabilities of that system, including an analysis of costs and 

potential advantages of deploying additional operational 

ground-based interceptor missiles. 

(2) The number of ground-based interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance 

test assets), and spare missiles for the ground-based midcourse 

defense system. 

(3) The plan to maintain the operational effectiveness of the 

ground-based midcourse defense system over the course of its 

service life, including any modernization or capability enhancement efforts, and any sustainment efforts. 

(4) The plan for funding the development, production, deployment, testing, improvement, and sustainment of the 

ground-based midcourse defense system. 


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(5) The plan for flight testing the ground-based midcourse 

defense system, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the 

course of its service life. 

(6) The plan for production of ground-based interceptor missiles necessary for operational test assets, aging and surveillance test assets, and spare missiles for the ground-based midcourse defense system. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the entity conducting the review and assessment 

under this section shall submit to the Secretary and the congressional defense committees a report containing— 

(1) the results of the review and assessment; and 

(2) any recommendations on how the Department of Defense 

may improve upon its plans to ensure the availability, reliability, maintainability, supportability, and improvement of the 

ground-based midcourse defense system. 

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

Of the funds authorized to be appropriated by section 201(4) for 

research, development, test, and evaluation, Defense-wide, the Secretary of Defense may provide up to $205,000,000 to the government of Israel for the Iron Dome short-range rocket defense system. 

Subtitle D—Reports 

SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM 

REQUIREMENTS FOR THE GROUND COMBAT VEHICLE 

PROGRAM. 

(a) REPORT REQUIRED.—Not later than January 15, 2011, the 

Secretary of the Army shall submit to the congressional defense 

committees a report on the Ground Combat Vehicle program of the 

Army. Such report shall include— 

(1) the results of the analysis of alternatives conducted prior 

to milestone A, including any technical data; and 

(2) an explanation of any plans to adjust the requirements 

of the Ground Combat Vehicle program during the technology 

development phase of such program. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(c) LIMITATION ON OBLIGATION OF FUNDS.—Of the funds authorized to be appropriated by this or any other Act for fiscal year 2011 

for research, development, test, and evaluation, Army, for development of the Ground Combat Vehicle, not more than 50 percent may 

be obligated or expended until the date that is 30 days after the 

date on which the report is submitted under subsection (a). 

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

(a) COST BENEFIT ANALYSIS REQUIRED.— (1) IN GENERAL.—The Secretary of the Army shall conduct a 

cost benefit analysis of future munitions to be fired from the 

M1 Abrams series main battle tank to determine the proper investment to be made in tank munitions, including beyond line 

of sight technology. 


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(2) ELEMENTS.—The cost benefit analysis under paragraph 

(1) shall include— 

(A) the predicted operational performance of future tankfired 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, longrange, and beyond line of sight); 

(B) a detailed assessment of the projected costs to develop and field each tank-fired munition included in the 

analysis, including those incorporating beyond line of sight 

technology; and 

(C) a comparative analysis of each tank-fired munition 

included in the analysis, including suitability to address 

known capability gaps and overmatch against known and 

projected threats. 

(3) MUNITIONS INCLUDED.—In conducting the cost benefit 

analysis under paragraph (1), the Secretary shall include, at a 

minimum, the Mid-Range Munition, the Advanced Kinetic Energy round, and the Advanced Multipurpose Program. 

(b) BRIEFING.—Not later than April 15, 2011, the Secretary shall 

provide a detailed briefing to the congressional defense committees 

on the cost benefit analysis conducted under subsection (a). 

SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH–(XX) 

PRESIDENTIAL HELICOPTER ACQUISITION PROGRAM. 

(a) ANNUAL GAO REVIEW.—During the period beginning on the 

date of the enactment of this Act and ending on March 1, 2013, the 

Comptroller General of the United States shall conduct an annual 

review of the VH–(XX) aircraft acquisition program. 

(b) ANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than March 1 of each year beginning in 2011 and ending in 2013, the Comptroller General 

shall submit to the congressional defense committees a report 

on the review of the VH–(XX) aircraft acquisition program conducted under subsection (a). 

(2) MATTERS TO BE INCLUDED.—Each report on the review of 

the VH–(XX) aircraft acquisition program shall include the following: 

(A) The extent to which the program is meeting development and procurement cost, schedule, performance, and 

risk mitigation goals. 

(B) With respect to meeting the desired initial operational capability and full operational capability dates for 

the VH–(XX) aircraft, the progress and results of— 

(i) developmental and operational testing of the aircraft; and 

(ii) plans for correcting deficiencies in aircraft performance, operational effectiveness, reliability, suitability, and safety. 

(C) An assessment of VH–(XX) aircraft procurement 

plans, production results, and efforts to improve manufacturing efficiency and supplier performance. 


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(D) An assessment of the acquisition strategy of the VH– 

(XX) aircraft, including whether such strategy is in compliance with acquisition management best-practices and the 

acquisition policy and regulations of the Department of Defense. 

(E) A risk assessment of the integrated master schedule 

and the test and evaluation master plan of the VH–(XX) 

aircraft as it relates to— 

(i) the probability of success; 

(ii) the funding required for such aircraft compared 

with the funding programmed; and 

(iii) development and production concurrency. 

(3) ADDITIONAL INFORMATION.—In submitting to the congressional defense committees the first report under paragraph (1) 

and a report following any changes made by the Secretary of 

the Navy to the baseline documentation of the VH–(XX) aircraft acquisition program, the Comptroller General shall include, with respect to such program, an assessment of the sufficiency and objectivity of— 

(A) the analysis of alternatives; 

(B) the initial capabilities document; 

(C) the capabilities development document; and 

(D) the systems requirement document. 

Subtitle E—Other Matters 

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

(a) FINDINGS.—Congress finds the following: 

(1) The next generation of weapons systems, battlefield sensors, and intelligence platforms will need to be lighter, more 

agile, consume less power, and have greater computational 

power, which can be achieved by decreasing the feature size of 

integrated circuits to the nanometer scale. 

(2) There is a growing concern in the Department of Defense 

and the United States intelligence community over the offshore 

shift in development and production of high capacity semiconductors. Greater reliance on providers of semiconductors in 

the United States high technology industry would help mitigate the security risks of such an offshore shift. 

(3) The development of new manufacturing technologies is 

recognized in the semiconductor industry as critical to the development of the next generation of integrated circuits. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should pursue research and development capabilities to take the lead in developing and producing 

the next generation of integrated circuits; and 

(2) the Department of Defense should continue to work with 

industry and academia in pursuing the research and development of advanced manufacturing techniques in support of the 

development of the next generation of integrated circuits needed for the requirements and specialized applications of the Department of Defense. 


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SEC. 242. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY. 

(a) PILOT PROGRAM.—The Secretary of Defense, in coordination 

with the Secretary of Energy, may carry out a collaborative energy 

security pilot program involving one or more partnerships between 

one military installation and one national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment. 

(b) SELECTION OF MILITARY INSTALLATION AND NATIONAL LABORATORY.—If the Secretary of Defense carries out a pilot program 

under this section, the Secretary of Defense and the Secretary of 

Energy shall jointly select a military installation and a national 

laboratory for the purpose of carrying out the pilot program. In 

making such selections, the Secretaries shall consider each of the 

following: 

(1) A commitment to participate made by a military installation being considered for selection. 

(2) The findings and recommendations of relevant energy security assessments of military installations being considered 

for selection. 

(3) The availability of renewable energy sources at a military 

installation being considered for selection. 

(4) Potential synergies between the expertise and capabilities 

of a national laboratory being considered for selection and the 

infrastructure, interests, or other energy security needs of a 

military installation being considered for selection. 

(5) The effects of any utility tariffs, surcharges, or other considerations on the feasibility of enabling any excess electricity 

generated on a military installation being considered for selection to be sold or otherwise made available to the local community near the installation. 

(c) PROGRAM ELEMENTS.—A pilot program under this section 

shall be carried out as follows: 

(1) Under the pilot program, the Secretaries shall evaluate 

and validate the performance of new energy technologies that 

may be incorporated into operating environments. 

(2) The pilot program shall involve collaboration with the Office of Electricity Delivery and Energy Reliability of the Department of Energy and other offices and agencies within the 

Department of Energy, as appropriate, and the Environmental 

Security Technical Certification Program of the Department of 

Defense. 

(3) Under the pilot program, the Secretary of Defense shall 

investigate opportunities for any excess electricity created for 

the military installation to be sold or otherwise made available 

to the local community near the installation. 

(4) The Secretary of Defense shall use the results of the pilot 

program as the basis for informing key performance parameters and validating energy components and designs that could 

be implemented in various military installations across the 

country and at forward operating bases. 

(5) The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies. 


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(d) IMPLEMENTATION AND DURATION.—If the Secretary of Defense 

carries out a pilot program under this section, such pilot program 

shall begin by not later than July 1, 2011, and shall be not less 

than three years in duration. 

(e) REPORTS.— 

(1) INITIAL REPORT.—If the Secretary of Defense carries out 

a pilot program under this section, the Secretary shall submit 

to the appropriate congressional committees by not later than 

October 1, 2011, an initial report that provides an update on 

the implementation of the pilot program, including an identification of the selected military installation and national laboratory partner and a description of technologies under evaluation. 

(2) FINAL REPORT.—Not later than 90 days after completion 

of a pilot program under this section, the Secretary shall submit to the appropriate congressional committees a report on 

the pilot program, including any findings and recommendations of the Secretary. 

(f) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee on 

Energy and Commerce, and the Committee on Science and 

Technology of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee on 

Energy and Natural Resources, and the Committee on 

Commerce, Science, and Transportation of the Senate. 

(2) The term ‘‘microgrid’’ means an integrated energy system 

consisting of interconnected loads and distributed energy resources (including generators, energy storage devices, and 

smart controls) that can operate with the utility grid or in an 

intentional islanding mode. 

(3) The term ‘‘national laboratory’’ means— 

(A) a national laboratory (as defined in section 2 of the 

Energy Policy Act of 2005 (42 U.S.C. 15801)); or 

(B) a national security laboratory (as defined in section 

3281 of the National Nuclear Security Administration Act 

(50 U.S.C. 2471)). 

SEC. 243. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION 

FEATURES DURING RESEARCH AND DEVELOPMENT OF 

DEFENSE SYSTEMS. 

(a) PILOT PROGRAM.—The Secretary of Defense shall carry out a 

pilot program to develop and incorporate technology protection features in a designated system during the research and development 

phase of such system. 

(b) ANNUAL REPORTS.—Not later than December 31 of each year 

in which the Secretary carries out the pilot program established 

under this section, the Secretary shall submit to the congressional 

defense committees a report on the pilot program, including a list 

of each designated system included in the program. 

(c) TERMINATION.—The pilot program established under this section shall terminate on October 1, 2015. 

(d) DEFINITIONS.—In this section: 


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(1) The term ‘‘designated system’’ means any system (including a major system, as defined in section 2302(5) of title 10, 

United States Code) that the Under Secretary of Defense for 

Acquisition, Technology, and Logistics designates as being included in the pilot program established under this section. 

(2) The term ‘‘technology protection features’’ means the 

technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 

connection with the Twin Cities Army Ammunition Plant, Minnesota. 

Sec. 312. Payment to Environmental Protection Agency of stipulated penalties in 

connection with Naval Air Station, Brunswick, Maine. 

Sec. 313. Requirements related to the investigation of exposure to drinking water 

at Camp Lejeune, North Carolina. 

Sec. 314. Comptroller General assessment on military environmental exposures. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Technical amendments to requirement for service contract inventory. 

Sec. 322. Repeal of conditions on expansion of functions performed under prime 

vendor contracts for depot-level maintenance and repair. 

Sec. 323. Prohibition on establishing goals or quotas for conversion of functions to 

performance by Department of Defense civilian employees. 

Subtitle D—Reports 

Sec. 331. Additional reporting requirements relating to corrosion prevention 

projects and activities. 

Sec. 332. Modification and repeal of certain reporting requirements. 

Sec. 333. Report on Air Sovereignty Alert mission. 

Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force. 

Sec. 335. Requirement to update study on strategic seaports. 

Subtitle E—Limitations and Extensions of Authority 

Sec. 341. Permanent authority to accept and use landing fees charged for use of domestic military airfields by civil aircraft. 

Sec. 342. Extension of Arsenal Support Program Initiative. 

Sec. 343. Limitation on obligation of funds for the Army Human Terrain System. 

Sec. 344. Limitation on obligation of funds pending submission of classified justification material. 

Sec. 345. Requirements for transferring aircraft within the Air Force inventory. 

Sec. 346. Commercial sale of small arms ammunition in excess of military requirements. 

Subtitle F—Other Matters 

Sec. 351. Expedited processing of background investigations for certain individuals. 

Sec. 352. Revision to authorities relating to transportation of civilian passengers 

and commercial cargoes by Department of Defense when space unavailable on commercial lines. 

Sec. 353. Technical correction to obsolete reference relating to use of flexible hiring 

authority to facilitate performance of certain Department of Defense 

functions by civilian employees. 

Sec. 354. Authority for payment of full replacement value for loss or damage to 

household goods in limited cases not covered by carrier liability. 

Sec. 355. Recovery of improperly disposed of Department of Defense property. 

Sec. 356. Operational readiness models. 


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Sec. 357. Sense of Congress regarding continued importance of High-Altitude Aviation Training Site, Colorado. 

Sec. 358. Study of effects of new construction of obstructions on military installations and operations. 

Subtitle A—Authorization of Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $33,921,165,000. 

(2) For the Navy, $38,232,943,000. 

(3) For the Marine Corps, $5,590,340,000. 

(4) For the Air Force, $36,822,516,000. 

(5) For Defense-wide activities, $30,562,619,000. 

(6) For the Army Reserve, $2,879,077,000. 

(7) For the Naval Reserve, $1,367,764,000. 

(8) For the Marine Corps Reserve, $285,234,000. 

(9) For the Air Force Reserve, $3,403,827,000. 

(10) For the Army National Guard, $6,621,704,000. 

(11) For the Air National Guard, $6,042,239,000. 

(12) For the United States Court of Appeals for the Armed 

Forces, $14,068,000. 

(13) For the Acquisition Development Workforce Fund, 

$217,561,000. 

(14) For Environmental Restoration, Army, $444,581,000. 

(15) For Environmental Restoration, Navy, $304,867,000. 

(16) For Environmental Restoration, Air Force, $502,653,000. 

(17) For Environmental Restoration, Defense-wide, 

$10,744,000. 

(18) For Environmental Restoration, Formerly Used Defense 

Sites, $296,546,000. 

(19) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $108,032,000. 

(20) For Cooperative Threat Reduction programs, 

$522,512,000. 

Subtitle B—Energy and Environmental Provisions 

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE TWIN 

CITIES ARMY AMMUNITION PLANT, MINNESOTA. 

(a) AUTHORITY TO REIMBURSE.— 

(1) TRANSFER AMOUNT.—Using funds described in subsection 

(b) and notwithstanding section 2215 of title 10, United States 

Code, the Secretary of Defense may transfer not more than 

$5,611,670.67 in fiscal year 2011 to the Hazardous Substance 

Superfund. 

(2) PURPOSE OF REIMBURSEMENT.—The amount authorized to 

be transferred under paragraph (1) is to reimburse the Environmental Protection Agency for costs the Agency incurred relating to the response actions performed at the Twin Cities 

Army Ammunition Plant, Minnesota. 


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(3) INTERAGENCY AGREEMENT.—The reimbursement described in paragraph (2) is intended to satisfy certain terms of 

the interagency agreement entered into by the Department of 

the Army and the Environmental Protection Agency for the 

Twin Cities Army Ammunition Plant that took effect in December 1987 and that provided for the recovery of expenses by 

the Agency from the Department of the Army. 

(b) SOURCE OF FUNDS.—The transfer of funds authorized in subsection (a) shall be made using funds authorized to be appropriated 

for fiscal year 2011 for operation and maintenance for Environmental Restoration, Army. 

SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 

STIPULATED PENALTIES IN CONNECTION WITH NAVAL 

AIR STATION, BRUNSWICK, MAINE. 

(a) AUTHORITY TO TRANSFER FUNDS.—From amounts authorized 

to be appropriated for fiscal year 2011 for the Department of Defense Base Closure Account 2005, and notwithstanding section 

2215 of title 10, United States Code, the Secretary of Defense may 

transfer an amount of not more than $153,000 to the Hazardous 

Substance Superfund established under subchapter A of chapter 98 

of the Internal Revenue Code of 1986. 

(b) PURPOSE OF TRANSFER.—The purpose of a transfer made 

under subsection (a) is to satisfy a stipulated penalty assessed by 

the Environmental Protection Agency on June 12, 2008, against 

Naval Air Station, Brunswick, Maine, for the failure of the Navy 

to sample certain monitoring wells in a timely manner pursuant to 

a schedule included in the Federal facility agreement for Naval Air 

Station, Brunswick, which was entered into by the Secretary of the 

Navy and the Administrator of the Environmental Protection Agency on October 19, 1990. 

(c) ACCEPTANCE OF PAYMENT.—If the Secretary of Defense makes 

a transfer authorized under subsection (a), the Administrator of the 

Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection 

(b). 

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

CAROLINA. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Department of the Navy and the Agency for Toxic 

Substances and Disease Registry (hereinafter in this section 

referred to as ‘‘ATSDR’’) have been working together for almost 

two decades to identify the possible effects of exposure to contaminated drinking water at Camp Lejeune, North Carolina. 

(2) Multiple studies have been conducted, and are being conducted, which require significant amounts of data and historical documentation, requiring the Department of the Navy and 

ATSDR to have close collaboration and open access to information. 

(3) In June 2010, the Department of the Navy and ATSDR 

established the Camp Lejeune Data Mining Technical 

Workgroup to identify and inventory information and data relevant to the ongoing scientific research. 

(b) REQUIREMENTS.— 


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(1) ATSDR ACCESS TO DATA.—By not later than 90 days after 

the date of the enactment of this Act, the Secretary of the 

Navy shall ensure that the inventory created by the Camp 

Lejeune Data Mining Technical Workgroup is accurate and 

complete and that ATSDR has full access to all of the documents and data listed therein as needed. 

(2) AVAILABILITY OF NEW AND NEWLY DISCOVERED DOCU- MENTS.—If after the date of enactment of this Act the Secretary of the Navy generates any new document, record, or 

electronic data, or comes into possession of any existing document, record, or electronic data not previously provided in the 

Camp Lejeune Data Mining Technical Workgroup, the Secretary of the Navy shall make such information immediately 

available to ATSDR with an electronic inventory incorporating 

the newly located or generated document, record, or electronic 

data. 

(3) LIMITATION ON ADJUDICATION OF CLAIMS.—None of the 

funds authorized to be appropriated by this Act for fiscal year 

2011 may be used to adjudicate any administrative claim filed 

with the Department of the Navy regarding water contamination at Camp Lejeune, North Carolina, until at least 45 days 

after the date on which the Secretary of the Navy notifies the 

Committees on Armed Services of the Senate and House of 

Representatives of the intention of the Secretary to adjudicate 

the claim. 

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

(a) FINDINGS.—Congress makes the following findings: 

(1) There have been various reports of the exposure of current and former members of the Armed Forces, their dependents, and civilian employees to environmental hazards while 

living and working on military installations. 

(2) There is the need to better understand existing Department of Defense policies and procedures for addressing possible 

environmental exposures at military installations, determining 

any correlation between such an exposure and a subsequent 

health condition, and handling claims and potential compensation. 

(3) While many of these possible exposures have been studied and evaluated, the extent to which those exposures caused 

or contributed to the short- and long-term health conditions of 

current and former members of the Armed Forces, their dependents, and civilian employees remains largely unknown. 

(4) As for these possible exposures and the link between the 

exposure and subsequent health conditions, there may be better ways for the Federal Government to evaluate, address and, 

as warranted, provide health benefits or possible compensation 

as a remedy to these potential exposures. 

(b) COMPTROLLER GENERAL ASSESSMENT REQUIRED.—The Comptroller General of the United States shall carry out an assessment 

of possible exposures to environmental hazards on military installations that includes the following: 

(1) An identification of the policies and processes by which 

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spond to environmental hazards on military installations and 

possible exposures and determine if there is a standard framework. 

(2) An identification of the existing processes available to 

current and former members of the Armed Forces, their dependents, and civilian employees to seek compensation and 

health benefits for exposures to environmental hazards on military installations. 

(3) A comparison of the processes identified under paragraph 

(2) with other potential options or methods for providing health 

benefits or compensation to individuals for injuries that may 

have resulted from environmental hazards on military installations. 

(4) An examination of what is known about the advantages 

and disadvantages of other potential options or methods as 

well as any shortfalls in the current processes. 

(5) Recommendations for any administrative or legislative 

action that the Comptroller General deems appropriate in the 

context of the assessment. 

(c) REPORT.—Not later than January 1, 2012, the Comptroller 

General shall submit to the Chairmen and Ranking Members of 

the Committees on Armed Services of the Senate and the House of 

Representatives a report on the findings and recommendations, as 

appropriate, of the Comptroller General with respect to the assessment conducted under subsection (b). 

(d) COORDINATION.—In carrying out subsection (b), the Comptroller General shall receive comments from the Secretary of Defense and others, as appropriate. 

(e) CONSTRUCTION.—Nothing in this section shall be interpreted 

to impede, encroach, or delay— 

(1) any studies, reviews, or assessments of any actual or potential environmental exposures at any military installation, 

including the studies included in the Agency for Toxic Substances and Disease Registry’s Annual Plan of Work regarding 

the water contamination at Camp Lejeune, North Carolina; 

(2) the Agency for Toxic Substances and Disease Registry’s 

statutory obligations, including its obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding Superfund sites; or 

(3) the remediation of any environmental contamination or 

hazard at any military installation. 

(f) MILITARY INSTALLATION DEFINED.—In this section, the term 

‘‘military installation’’ has the meaning given that term in section 

2801(c)(4) of title 10, United States Code. 

Subtitle C—Workplace and Depot Issues 

SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE 

CONTRACT INVENTORY. 

Section 2330a(c) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); 

(2) in paragraph (1), in the matter preceding subparagraph 

(A)— 

(A) by striking the second sentence; 


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(B) by inserting after the first sentence the following 

new sentence: ‘‘The guidance for compiling the inventory 

shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense 

(Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:’’; and 

(C) by inserting after the sentence added by subparagraph (B) the following: 

‘‘(A) The Under Secretary of Defense for Personnel and Readiness, as supported by the Under Secretary of Defense (Comptroller), shall be responsible for developing guidance for— 

‘‘(i) the collection of data regarding functions and missions performed by contractors in a manner that is comparable to the manpower data elements used in inventories of functions performed by Department of Defense 

employees; and 

‘‘(ii) the calculation of contractor manpower equivalents 

in a manner that is comparable to the calculation of fulltime equivalents for use in inventories of functions performed by Department of Defense employees. 

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be responsible for developing guidance on other data elements and implementing procedures.’’; 

(3) by inserting after subparagraph (B) of paragraph (1), as 

added by paragraph (2), the following: 

‘‘(2) The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the 

following:’’; and 

(4) in paragraph (2), as redesignated by paragraph (3), by 

striking subparagraph (E) and inserting the following new subparagraph (E): 

‘‘(E) The number of contractor employees, expressed as fulltime equivalents for direct labor, using direct labor hours and 

associated cost data collected from contractors (except that estimates may be used where such data is not available and cannot reasonably be made available in a timely manner for the 

purpose of the inventory).’’. 

SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS 

PERFORMED UNDER PRIME VENDOR CONTRACTS FOR 

DEPOT-LEVEL MAINTENANCE AND REPAIR. 

Section 346 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1979; 

10 U.S.C. 2464 note) is repealed. 

SEC. 323. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR 

CONVERSION OF FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 

(a) PROHIBITION.—The Secretary of Defense may not establish, 

apply, or enforce any numerical goal, target, or quota for the conversion of Department of Defense functions to performance by Department of Defense civilian employees, unless such goal, target, or 

quota is based on considered research and analysis, as required by 

section 235, 2330a, or 2463 of title 10, United States Code. 

(b) DECISIONS TO INSOURCE.—In deciding which functions should 

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ployees pursuant to section 2463 of title 10, United States Code, 

the Secretary of Defense shall use the costing methodology outlined 

in the Directive-Type Memorandum 09–007 (Estimating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support) or any successor guidance for the determination of 

costs when costs are the sole basis for the decision. The Secretary 

of a military department may issue supplemental guidance to assist in such decisions affecting functions of that military department. 

(c) REPORTS.— 

(1) REPORT TO CONGRESS.—Not later than March 31, 2011, 

the Secretary of Defense shall submit to the congressional defense committees a report on the decisions with respect to the 

conversion of functions to performance by Department of Defense civilian employees made during fiscal year 2010. Such report shall identify, for each such decision— 

(A) the agency or service of the Department involved in 

the decision; 

(B) the basis and rationale for the decision; and 

(C) the number of contractor employees whose functions 

were converted to performance by Department of Defense 

civilian employees. 

(2) COMPTROLLER GENERAL REVIEW.—Not later than 120 

days after the submittal of the report under paragraph (1), the 

Comptroller General of the United States shall submit to the 

congressional defense committees an assessment of the report. 

(d) CONSTRUCTION.—Nothing in this section shall be construed— 

(1) to preclude the Secretary of Defense from establishing, 

applying, and enforcing goals for the conversion of acquisition 

functions and other critical functions to performance by Department of Defense civilian employees, where such goals are 

based on considered research and analysis; or 

(2) to require the Secretary of Defense to conduct a cost comparison before making a decision to convert any acquisition 

function or other critical function to performance by Department of Defense civilian employees, where factors other than 

cost serve as a basis for the Secretary’s decision. 

Subtitle D—Reports 

SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO 

CORROSION PREVENTION PROJECTS AND ACTIVITIES. 

Section 2228(e) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C), by striking ‘‘The’’ and inserting 

‘‘For the fiscal year covered by the report and the preceding fiscal year, the’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(E) For the fiscal year covered by the report and the preceding fiscal year, the amount of funds requested in the budget 

for each project or activity described in subsection (d) compared 

to the funding requirements for the project or activity.’’; 


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(2) in paragraph (2)(B), by inserting before the period at the 

end the following: ‘‘, including the annex to the report described in paragraph (3)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) Each report under this section shall include, in an annex to 

the report, a copy of the annual corrosion report most recently submitted by the corrosion control and prevention executive of each 

military department under section 903(b)(5) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4567; 10 U.S.C. 2228 note).’’. 

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

(a) PRIORITIZATION OF FUNDS.—Subsection (a) of section 323 of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (10 U.S.C. 229 note) is amended— 

(1) in paragraph (1), by striking ‘‘the global war on terrorism’’ and inserting ‘‘overseas contingency operations’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘units transforming 

to modularity’’ and inserting ‘‘modular units’’; and 

(B) in subparagraph (B), by striking ‘‘2012’’ and inserting ‘‘2015’’. 

(b) BUDGET INFORMATION.—Subsection (b) of such section is 

amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘the global war on terrorism’’ and inserting ‘‘overseas contingency operations’’; and 

(ii) by inserting ‘‘and’’ at the end; 

(B) in subparagraph (B)— 

(i) in clause (i), by striking ‘‘units transforming to 

modularity’’ and inserting ‘‘modular units’’; and 

(ii) by striking ‘‘; and’’ at the end and inserting a period; and 

(C) by striking subparagraph (C); and 

(2) by striking paragraph (3). 

(c) ANNUAL REPORT ON ARMY PROGRESS.—Subsection (c) of such 

section is amended— 

(1) by striking paragraphs (1), (2), (3), (4), (5), (6), and (7); 

(2) by redesignating paragraphs (8) and (9) as subparagraphs 

(D) and (F), respectively; 

(3) by submitting ‘‘(1)’’ before ‘‘On the date’’; 

(4) in paragraph (1), as designated by paragraph (3) of this 

subsection, by striking ‘‘in meeting’’ and all that follows 

through ‘‘shall be itemized’’ and inserting ‘‘in fulfilling the key 

enabler equipment requirements of modular units and in repairing, recapitalizing, and replacing equipment and materiel 

used in support of overseas contingency operations underway 

as of the date of such report, and associated sustainment. Any 

information included in the report shall be itemized’’; 

(5) by striking ‘‘Each such report’’ and all that follows 

through the colon and inserting the following: 

‘‘(2) Each such report shall include the following: 


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‘‘(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 futureyears defense program (which assessment shall account for 

additional repair, recapitalization, or replacement resulting from use of key enabler equipment in overseas contingency operations). 

‘‘(B) If an assessment under subparagraph (A) identifies 

shortfalls that will exist within the period covered by the future-years defense program submitted in such fiscal year, an 

identification of the risks associated with such shortfalls and 

mitigation strategies to address such risks. 

‘‘(C) A schedule for the accomplishment of the purposes set 

forth in paragraph (1).’’; 

(6) in paragraph (2), as amended by paragraphs (2) and (5) 

of this subsection, by inserting after subparagraph (D) the following new subparagraph: 

‘‘(E) A description of the status of the development of doctrine on how modular combat, functional, and support forces 

will train, be sustained, and fight.’’; and 

(7) in subparagraph (F) of paragraph (2) as redesignated by 

paragraphs (2) and (5) of this subsection, by striking ‘‘paragraphs (1) through (8)’’ and inserting ‘‘subparagraphs (A) 

through (E)’’. 

(d) ANNUAL COMPTROLLER GENERAL ON ARMY PROGRESS.—Subsection (d) of such section is amended to read as follows: 

‘‘(d) ANNUAL COMPTROLLER GENERAL REPORT ON ARMY

PROGRESS.—Not later than 180 days after the date on which the 

Secretary of the Army submits a report under subsection (c), the 

Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the Comptroller General’s review of such report. Each report under this subsection shall include such information and recommendations as the 

Comptroller General considers appropriate in light of such review.’’. 

(e) DEFINITIONS.—Such section is further amended— 

(1) by redesignating subsection (e) as subsection (f); and 


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(2) by inserting after subsection (d), as amended by subsection (d) of this section, the following new subsection (e): 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘contingency operation’ has the meaning given 

that term in section 101(a)(13) of title 10, United States Code. 

‘‘(2) The term ‘key enabler’, in the case of equipment or personnel, means equipment or personnel, as the case may be, 

that make a modular force or unit as capable or more capable 

than the non-modular force or unit it replaced, including the 

following: 

‘‘(A) Equipment such as tactical and high frequency 

radio, tactical wheeled vehicles, battle command systems, 

unmanned aerial vehicles, all-source analysis systems, 

analysis and control elements, fire support sensor systems, 

firefinder radar, joint network nodes, long-range advanced 

scout surveillance systems, Trojan Spirit systems (or any 

successor system), and any other equipment items identified by the Army as making a modular force or unit as capable or more capable than the non-modular force or unit 

it replaced. 

‘‘(B) Personnel in specialties needed to operate or support the equipment specified in subparagraph (A) and personnel in specialties relating to civil affairs, communication and information systems operation, explosive ordinance disposal, military intelligence, psychological operations, and any other personnel specialties identified by 

the Army as making a modular force or unit as capable or 

more capable than the non-modular force or unit it replaced.’’. 

(f) TERMINATION OF REPORT REQUIREMENT.—Subsection (f) of 

such section, as redesignated by subsection (e)(1) of this section, is 

further amended by striking ‘‘fiscal year 2012’’ and inserting ‘‘fiscal 

year 2015’’. 

(g) REPEAL OF REPORT ON DISPOSITION OF RESERVE EQUIPMENT.—Title III of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is amended by 

striking section 349. 

(h) REPEAL OF REPORT ON READINESS OF GROUND FORCES.—Title 

III of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181) is amended by striking section 355. 

SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 

(a) REPORT REQUIRED.—Not later than March 1, 2011, the Commander of the United States Northern Command and the North 

American Aerospace Defense Command shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Air Sovereignty Alert (hereinafter in this section referred to as ‘‘ASA’’) mission and Operation Noble Eagle. 

(b) CONSULTATION.—The Commander shall consult with the Director of the National Guard Bureau who shall review and provide 

independent analysis and comments on the report required under 

subsection (a). 

(c) CONTENTS OF REPORT.—The report required under subsection 

(a) shall include each of the following: 


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(1) An evaluation of the ASA mission and of Operation Noble 

Eagle. 

(2) An evaluation of each of the following: 

(A) The current ability to perform the ASA mission with 

respect to training, equipment, and basing. 

(B) Any current deficiencies in the ASA mission. 

(C) Any changes in threats that would require any 

change in training, equipment, and basing to effectively 

support the ASA mission. 

(D) An evaluation of whether the ASA mission is fully 

resourced with respect to funding, personnel, and aircraft. 

(E) A description of the coverage of ASA and Operation 

Noble Eagle units with respect to— 

(i) population centers covered; and 

(ii) targets of value covered, including symbolic (including national monuments, sports venues, and centers of commerce), critical infrastructure (including 

power plants, ports, dams, bridges, and telecommunication nodes), and national security (including military 

bases and organs of government) targets. 

(F) An unclassified, notional area of responsibility conforming to the unclassified response time of the unit represented graphically on a map and detailing the total population and number of targets of value covered, as described in subparagraph (E). 

(3) The status of the implementation of the recommendations 

made in the Government Accountability Office report entitled 

‘‘Actions Needed to Improve Management of Air Sovereignty 

Alert Operations to Protect U.S. Airspace’’ (GAO–09–184). 

(d) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may contain a classified annex. 

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

THE AIR FORCE. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

submit to the Committee on Armed Services of the Senate and the 

Committee on Armed Service of the House of Representatives a report describing the feasibility and desirability of designating the 

Suppression of Enemy Air Defenses/Destruction of Enemy Air Defenses (hereinafter in this section referred to as ‘‘SEAD/DEAD’’) 

mission as a responsibility of the Air National Guard. 

(b) CONTENTS OF REPORT.—The report required under subsection 

(a) shall include each of the following: 

(1) An evaluation of the SEAD/DEAD mission, as in effect on 

the date of the enactment of this Act. 

(2) An evaluation of the following with respect to the SEAD/ 

DEAD mission: 

(A) The current ability of the Air National Guard to perform the mission with regards to training, equipment, 

funding, and basing. 

(B) Any current deficiencies of the Air National Guard to 

perform the mission, including range infrastructure or 


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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: 

‘‘§ 2697. Acceptance and use of landing fees charged for use 

of domestic military airfields by civil aircraft 

‘‘(a) AUTHORITY.—The Secretary of a military department may 

impose landing fees for the use by civil aircraft of domestic military 

airfields under the jurisdiction of that Secretary and may use any 

fees received under this section as a source of funding for the operation and maintenance of airfields of that department. 

‘‘(b) UNIFORM LANDING FEES.—The Secretary of Defense shall 

prescribe the amount of the landing fees that may be imposed 

under this section. Such fees shall be uniform among the military 

departments. 

‘‘(c) USE OF PROCEEDS.—Amounts received for a fiscal year in 

payment of landing fees imposed under this section for the use of 

a military airfield shall be credited to the appropriation that is 

available for that fiscal year for the operation and maintenance of 

that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military 

airfield for the same period and purposes as the appropriation is 

available. 

‘‘(d) LIMITATION.—The Secretary of a military department shall 

determine whether consideration for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate 

amounts imposed under subsection (a) for that airfield.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

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


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SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 10 U.S.C. 4551 

note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 69) 

and section 354 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2264), is further 

amended— 

(1) in subsection (a), by striking ‘‘2011’’ and inserting ‘‘2012’’; 

and 

(2) in subsection (g)(1), by striking ‘‘2011’’ and inserting 

‘‘2012’’. 

SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY 

HUMAN TERRAIN SYSTEM. 

(a) LIMITATION.—Of the amounts authorized to be appropriated 

for the Human Terrain System (hereinafter in this section referred 

to as the ‘‘HTS’’) that are described in subsection (b), not more than 

85 percent of the amounts remaining unobligated as of the date of 

enactment of this Act may be obligated until the Secretary of the 

Army submits to the congressional defense committees each of the 

following: 

(1) A validation of all HTS requirements, including any prior 

joint urgent operational needs statements. 

(2) A certification that policies, procedures, and guidance are 

in place to protect the integrity of social science researchers 

participating in HTS, including ethical guidelines and human 

studies research procedures. 

(b) COVERED AUTHORIZATIONS OR APPROPRIATIONS.—The 

amounts authorized to be appropriated described in this subsection 

are amounts authorized to be appropriated for fiscal year 2011, including such amounts authorized to be appropriated for oversees 

contingency operations, for— 

(1) operation and maintenance for HTS; 

(2) procurement for Mapping the Human Terrain hardware 

and software; and 

(3) research, development, test, and evaluation for Mapping 

the Human Terrain hardware and software. 

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

Of the amounts authorized to be appropriated in this title for fiscal year 2011 for the Office of the Secretary of Defense, of the 

amount that corresponds with budget activity four, line 270, in the 

budget transmitted to Congress by the President for fiscal year 

2011, not more than 90 percent may be obligated until 15 days 

after the information cited in the classified annex accompanying 

this Act relating to the provision of classified justification material 

to Congress is provided to the congressional defense committees. 

SEC. 345. REQUIREMENTS FOR TRANSFERRING AIRCRAFT WITHIN 

THE AIR FORCE INVENTORY. 

(a) REQUIREMENTS.—In proposing the transfer of ownership of 

any aircraft from ownership by a reserve component of the Air 

Force to ownership by a regular component of the Air Force, including such a transfer to be made on a temporary basis, the Secretary 

of the Air Force shall ensure that a written agreement regarding 


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such transfer of ownership has been entered into between the Director of the Air National Guard, the Commander of the Air Force 

Reserve Command, and the Chief of Staff of the Air Force. Any 

such agreement shall specify each of the following: 

(1) The number of and type of aircraft to be transferred. 

(2) In the case of any aircraft transferred on a temporary 

basis— 

(A) the schedule under which the aircraft will be returned to the ownership of the reserve component; 

(B) a description of the condition, including the estimated remaining service life, in which any such aircraft 

will be returned to the reserve component; and 

(C) a description of the allocation of resources, including 

the designation of responsibility for funding aircraft operation and maintenance and a detailed description of budgetary responsibilities, for the period for which the ownership of the aircraft is transferred to the regular component. 

(3) The designation of responsibility for funding depot maintenance requirements or modifications to the aircraft generated 

as a result of the transfer, including any such requirements 

and modifications required during the period for which the 

ownership of the aircraft is transferred to the regular component. 

(4) Any location from which the aircraft will be transferred. 

(5) The effects on manpower that such a transfer may have 

at any facility identified under paragraph (4). 

(6) The effects on the skills and proficiencies of the reserve 

component personnel affected by the transfer. 

(7) Any other items the Director of the Air National Guard 

or the Commander of the Air Force Reserve Command determines are necessary in order to execute such a transfer. 

(b) SUBMITTAL OF AGREEMENTS TO CONGRESS.—The Secretary of 

the Air Force may not take any action to transfer the ownership 

of an aircraft as described in subsection (a) until the Secretary submits to the congressional defense committees an agreement entered 

into pursuant to such subsection regarding the transfer of ownership of the aircraft. 

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

(a) COMMERCIAL SALE OF SMALL ARMS AMMUNITION.—Small 

arms ammunition and ammunition components in excess of military requirements, including fired cartridge cases, which are not 

otherwise prohibited from commercial sale or certified by the Secretary of Defense as unserviceable or unsafe, may not be demilitarized or destroyed and shall be made available for commercial 

sale. 

(b) DEADLINE FOR GUIDANCE.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

issue guidance to ensure compliance with subsection (a). Not later 

than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees a letter of compliance 

providing notice of such guidance. 


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(c) PREFERENCE.—No small arms ammunition and ammunition 

components in excess of military requirements may be made available for commercial sale under this section before such ammunition 

and ammunition components are offered for transfer or purchase, 

as authorized by law, to another Federal department or agency or 

for sale to State and local law enforcement, firefighting, homeland 

security, and emergency management agencies pursuant to section 

2576 of title 10, United States Code, as amended by this Act. 

Subtitle F—Other Matters 

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

(a) EXPEDITED PROCESSING OF SECURITY CLEARANCES.—Section 

1564 of title 10, United States Code, is amended— 

(1) by striking subsection (a) and inserting the following new 

subsection (a): 

‘‘(a) EXPEDITED PROCESS.—The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for— 

‘‘(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties 

that are critical to the national security; and 

‘‘(2) any individual who— 

‘‘(A) submits an application for a position as an employee 

of the Department of Defense for which— 

‘‘(i) the individual is qualified; and 

‘‘(ii) a security clearance is required; and 

‘‘(B) is— 

‘‘(i) a member of the armed forces who was retired 

or separated, or is expected to be retired or separated, 

for physical disability pursuant to chapter 61 of this 

title; 

‘‘(ii) the spouse of a member of the armed forces who 

retires or is separated, after the date of the enactment 

of the Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or 

‘‘(iii) the spouse of a member of the armed forces 

who dies, after the date of the enactment of the Ike 

Skelton National Defense Authorization Act for Fiscal 

Year 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary of Defense 

may use funds authorized to be appropriated to the Department of 

Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall apply with respect to a background investigation conducted 

after the date of the enactment of this Act. 


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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: 

‘‘§ 2648. Persons and supplies: sea, land, and air transportation’’. 

(2) The heading of section 2649 of such title is amended to 

read as follows: 


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‘‘§ 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: 

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

available 

‘‘The Secretary of Defense and the Secretaries of the military departments, in paying a claim under section 3721 of title 31 arising 

from loss or damage to household goods stored or transported at 

the expense of the Department of Defense, may pay the claim on 

the basis of full replacement value in any of the following cases in 

which reimbursement for the full replacement value for the loss or 

damage is not available directly from a carrier under section 2636a 

of this title: 

‘‘(1) A case in which— 

‘‘(A) the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with section 2636a of this title that requires the 

transportation service provider to settle claims on the 

basis of full replacement value; and 

‘‘(B) the loss or damage occurred under circumstances 

that exclude the transportation service provider from liability. 

‘‘(2) A case in which— 

‘‘(A) the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that 

was transporting, loading, or unloading the goods under a 

Department of Defense contract for ocean carriage; and 

‘‘(B) the land-based portions of the transportation were 

under contracts, in accordance with section 2636a of this 


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title, that require the land carriers to settle claims on the 

basis of full replacement value. 

‘‘(3) A case in which— 

‘‘(A) the lost or damaged goods were transported or 

stored under a contract or solicitation that requires at 

least one of the transportation service providers or carriers 

that handled the shipment to settle claims on the basis of 

full replacement value pursuant to section 2636a of this 

title; 

‘‘(B) the lost or damaged goods have been in the custody 

of more than one independent contractor or transportation 

service provider; and 

‘‘(C) a claim submitted to the delivering transportation 

service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation 

service provider or carrier or government entity.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘2740. Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement 

not available.’’. 

(b) EFFECTIVE DATE.—Section 2740 of title 10, United States 

Code, as added by subsection (a), shall apply with respect to losses 

incurred after the date of the enactment of this Act. 

SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF 

DEFENSE PROPERTY. 

(a) IN GENERAL.—Chapter 165 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 2790. Recovery of improperly disposed of Department of 

Defense property 

‘‘(a) PROHIBITION.—No member of the armed forces, civilian employee of the United States Government, contractor personnel, or 

other person may sell, lend, pledge, barter, or give any clothing, 

arms, articles, equipment, or other military or Department of Defense property except in accordance with the statutes and regulations governing Government property. 

‘‘(b) TRANSFER OF TITLE OR INTEREST INEFFECTIVE.—If property 

has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property. 

‘‘(c) AUTHORITY FOR SEIZURE OF IMPROPERLY DISPOSED OF PROPERTY.—If any person is in the possession of military or Department 

of Defense property without right or title to, or interest in, the 

property because it has been disposed of in material violation of 

subsection (a), any Federal, State, or local law enforcement official 

may seize the property wherever found. Unless an exception to the 

warrant requirement under the fourth amendment to the Constitution applies, seizure may be made only— 

‘‘(1) pursuant to— 

‘‘(A) a warrant issued by the district court of the United 

States for the district in which the property is located, or 


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for the district in which the person in possession of the 

property resides or is subject to service; or 

‘‘(B) pursuant to an order by such court, issued after a 

determination of improper transfer under subsection (e); 

and 

‘‘(2) after such a court has issued such a warrant or order. 

‘‘(d) INAPPLICABILITY TO CERTAIN PROPERTY.—Subsections (b) and 

(c) shall not apply to— 

‘‘(1) property on public display by public or private collectors 

or museums in secured exhibits; or 

‘‘(2) property in the collection of any museum or veterans organization or held in a private collection for the purpose of 

public display, provided that any such property, the possession 

of which could undermine national security or create a hazard 

to public health or safety, has been fully demilitarized. 

‘‘(e) DETERMINATIONS OF VIOLATIONS.—(1) The district court of 

the United States for the district in which the property is located, 

or the district in which the person in possession of the property resides or is subject to service, shall have jurisdiction, regardless of 

the current approximated or estimated value of the property, to determine whether property was disposed of in violation of subsection 

(a). Any such determination shall be by a preponderance of the evidence. 

‘‘(2) Except as provided in paragraph (3), in the case of property, 

the possession of which could undermine national security or create 

a hazard to public health or safety, the determination under paragraph (1) may be made after the seizure of the property, as long 

as the United States files an action seeking such determination 

within 90 days after seizure of the property. If the person from 

whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, 

the Secretary of Defense shall reimburse the person for the market 

value for the property. 

‘‘(3) Paragraph (2) shall not apply to any firearm, ammunition, 

or ammunition component, or firearm part or accessory that is not 

prohibited for commercial sale. 

‘‘(f) DELIVERY OF SEIZED PROPERTY.—Any law enforcement official who seizes property under subsection (c) and is not authorized 

to retain it for the United States shall deliver the property to an 

authorized member of the armed forces or other authorized official 

of the Department of Defense or the Department of Justice. 

‘‘(g) SCOPE OF ENFORCEMENT.—This section shall apply to the following: 

‘‘(1) Any military or Department of Defense property disposed of on or after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 in 

a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of 

the disposal of such property. 

‘‘(2) Any significant military equipment disposed of on or 

after January 1, 2002, in a manner that is not in accordance 

with statutes and regulations governing Government property 


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in effect at the time of the disposal of such significant military 

equipment. 

‘‘(h) RULE OF CONSTRUCTION.—The authority of this section is in 

addition to any other authority of the United States with respect 

to property to which the United States may have right or title. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘significant military equipment’ means defense 

articles on the United States Munitions List for which special 

export controls are warranted because of their capacity for substantial military utility or capability. 

‘‘(2) The term ‘museum’ has the meaning given that term in 

section 273(1) of the Museum Services Act (20 U.S.C. 9172(1)). 

‘‘(3) The term ‘fully demilitarized’ means, with respect to 

equipment or material, the destruction of the military offensive 

or defensive advantages inherent in the equipment or material, 

including, at a minimum, the destruction or disabling of key 

points of such equipment or material, such as the fuselage, tail 

assembly, wing spar, armor, radar and radomes, armament 

and armament provisions, operating systems and software, and 

classified items. 

‘‘(4) The term ‘veterans organization’ means any organization 

recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 165 of such title is amended by inserting after the 

item relating to section 2789 the following new item: 

‘‘2790. Recovery of improperly disposed of Department of Defense property.’’. 

SEC. 356. OPERATIONAL READINESS MODELS. 

(a) REVIEW OF MODELS.—Not later than September 30, 2011, the 

Director of the Congressional Budget Office shall conduct a study 

to identify, compare, and contrast the budget preparation tools and 

models used by each of the military departments to determine 

funding levels for operational readiness requirements during the 

programming, planning, budgeting, and execution process and report the findings to the congressional defense committees. In carrying out such study, the Director shall— 

(1) assess whether any additional or alternative verified and 

validated operational readiness model used by any military department for budgeting for flying or ground equipment hours, 

steaming days, equipment operations, equipment maintenance, 

and depot maintenance should be incorporated into the budget 

process of that military department; and 

(2) identify any shortcomings or deficiencies in the approach 

of each military department in building the operational readiness budget for that department. 

(b) CONGRESSIONAL BRIEFING.—Not later than April 1, 2012, in 

conjunction with the submission by the Secretary of Defense of the 

budget justification documents for fiscal year 2013, the Secretaries 

of each of the military departments, or designated representatives 

thereof, shall brief the congressional defense committees on their 

respective responses to the study conducted by the Director of the 

Congressional Budget Office. Each such briefing shall include— 

(1) a description of how the military department concerned 

plans to address any deficiencies in the development of the 


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operational readiness budget of such department identified in 

the study; and 

(2) a description of how the modeling tools identified in the 

study could be used by the military department to improve the 

development of the operational readiness budget for the department. 

SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE 

OF HIGH-ALTITUDE AVIATION TRAINING SITE, COLORADO. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The High-Altitude Aviation Training Site in Gypsum, 

Colorado, is the only Department of Defense aviation school 

that provides an opportunity for rotor-wing military pilots to 

train in high-altitude, mountainous terrain, under full gross 

weight and power management operations. 

(2) The High-Altitude Aviation Training Site is operated by 

the Colorado Army National Guard and is available to pilots 

of all branches of the Armed Forces and to pilots of allied countries. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the High-Altitude Army Aviation Training Site continues 

to be critically important to ensuring the readiness and capabilities of rotor-wing military pilots; and 

(2) the Department of Defense should take all appropriate 

actions to prevent encroachment on the High-Altitude Army 

Aviation Training Site. 

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

(a) OBJECTIVE.—It shall be an objective of the Department of Defense to ensure that the robust development of renewable energy 

sources and the increased resiliency of the commercial electrical 

grid may move forward in the United States, while minimizing or 

mitigating any adverse impacts on military operations and readiness. 

(b) DESIGNATION OF SENIOR OFFICIAL AND LEAD ORGANIZATION.— 

(1) DESIGNATION.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense, and a 

lead organization of the Department of Defense, to— 

(A) serve as the executive agent to carry out the review 

required by subsection (d); 

(B) serve as a clearinghouse to coordinate Department of 

Defense review of applications for projects filed with the 

Secretary of Transportation pursuant to section 44718 of 

title 49, United States Code, and received by the Department of Defense from the Secretary of Transportation; and 

(C) accelerate the development of planning tools necessary to determine the acceptability to the Department of 

Defense of proposals included in an application for a 

project submitted pursuant to such section. 

(2) RESOURCES.—The Secretary shall ensure that the senior 

official and lead organization designated under paragraph (1) 

are assigned such personnel and resources as the Secretary 

considers appropriate to carry out this section. 


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(c) INITIAL ACTIONS.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, acting through 

the senior official and lead organization designated pursuant to 

subsection (b), shall— 

(1) conduct a preliminary review of each application for a 

project filed with the Secretary of Transportation pursuant to 

section 44718 of title 49, United States Code, that may have 

an adverse impact on military operations and readiness, unless 

such project has been granted a determination of no hazard. 

Such review shall, at a minimum, for each such project— 

(A) assess the likely scope and duration of any adverse 

impact of such project on military operations and readiness; and 

(B) identify any feasible and affordable actions that 

could be taken in the immediate future by the Department, the developer of such project, or others to mitigate 

such adverse impact and to minimize risks to national security while allowing such project to proceed with development; 

(2) develop, in coordination with other departments and 

agencies of the Federal Government, an integrated review 

process to ensure timely notification and consideration of 

projects filed with the Secretary of Transportation pursuant to 

section 44718 of title 49, United States Code, that may have 

an adverse impact on military operations and readiness; 

(3) establish procedures for the Department of Defense for 

the coordinated consideration of and response to a request for 

a review received from State and local officials or the developer 

of a renewable energy development or other energy project, including guidance to personnel at each military installation in 

the United States on how to initiate such procedures and ensure a coordinated Department response while seeking to fulfil 

the objective under subsection (a); and 

(4) develop procedures for conducting early outreach to parties carrying out projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States 

Code, that could have an adverse impact on military operations 

and readiness, and to the general public, to clearly communicate notice on actions being taken by the Department of Defense under this section and to receive comments from such 

parties and the general public on such actions. 

(d) COMPREHENSIVE REVIEW.— 

(1) STRATEGY REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense, acting through the senior official and lead organization designated 

pursuant to subsection (b), shall develop a comprehensive 

strategy for addressing the military impacts of projects filed 

with the Secretary of Transportation pursuant to section 44718 

of title 49, United States Code. 

(2) ELEMENTS.—In developing the strategy required by paragraph (1), the Secretary of Defense shall— 

(A) assess of the magnitude of interference posed by 

projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code; 


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(B) identify geographic areas selected as proposed locations for projects filed, or which may be filed in the future, 

with the Secretary of Transportation pursuant to section 

44718 of title 49, United States Code, where such projects 

could have an adverse impact on military operations and 

readiness and categorize the risk of adverse impact in such 

areas as high, medium, or low for the purpose of informing 

early outreach efforts under subsection (c)(4) and preliminary assessments under subsection (e); and 

(C) specifically identify feasible and affordable long-term 

actions that may be taken to mitigate adverse impacts of 

projects filed, or which may be filed in the future, with the 

Secretary of Transportation pursuant to section 44718 of 

title 49, United States Code, on military operations and 

readiness, including— 

(i) investment priorities of the Department of Defense with respect to research and development; 

(ii) modifications to military operations to accommodate applications for such projects; 

(iii) recommended upgrades or modifications to existing systems or procedures by the Department of Defense; 

(iv) acquisition of new systems by the Department 

and other departments and agencies of the Federal 

Government and timelines for fielding such new systems; and 

(v) modifications to the projects for which such applications are filed, including changes in size, location, 

or technology. 

(e) DEPARTMENT OF DEFENSE HAZARD ASSESSMENT.— (1) PRELIMINARY ASSESSMENT.—The procedures established 

pursuant to subsection (c) shall ensure that not later than 30 

days after receiving a proper application for a project filed with 

the Secretary of Transportation pursuant to section 44718 of 

title 49, United States Code, the Secretary of Defense shall review the project and provide a preliminary assessment of the 

level of risk of adverse impact on military operations and readiness that would arise from the project and the extent of mitigation that may be needed to address such risk. 

(2) DETERMINATION OF UNACCEPTABLE RISK.—The procedures 

established pursuant to subsection (c) shall ensure that the 

Secretary of Defense does not object to a project filed with the 

Secretary of Transportation pursuant to section 44718 of title 

49, United States Code, except in a case in which the Secretary 

of Defense determines, after giving full consideration to mitigation actions identified pursuant to this section, that such 

project would result in an unacceptable risk to the national security of the United States. 

(3) CONGRESSIONAL NOTICE REQUIREMENT.—Not later than 

30 days after making a determination of unacceptable risk 

under paragraph (2), the Secretary of Defense shall submit to 

the congressional defense committees a report on such determination and the basis for such determination. Such a report 

shall include an explanation of the operational impact that led 


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to the determination, a discussion of the mitigation options 

considered, and an explanation of why the mitigation options 

were not feasible or did not resolve the conflict. 

(4) NON-DELEGATION OF DETERMINATIONS.—The responsibility for making a determination of unacceptable risk under 

paragraph (2) may only be delegated to an appropriate senior 

officer of the Department of Defense, on the recommendation 

of the senior official designated pursuant to subsection (b). The 

following individuals are appropriate senior officers of the Department of Defense for the purposes of this paragraph: 

(A) The Deputy Secretary of Defense. 

(B) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

(C) The Principal Deputy Under Secretary of Defense for 

Acquisition, Technology, and Logistics. 

(f) REPORTS.— (1) REPORT TO CONGRESS.—Not later than March 15 each 

year from 2011 through 2015, the Secretary of Defense shall 

submit to the congressional defense committees a report on the 

actions taken by the Department of Defense during the preceding year to implement this section and the comprehensive 

strategy developed pursuant to this section. 

(2) CONTENTS OF REPORT.—Each report submitted under 

paragraph (1) shall include— 

(A) the results of a review carried out by the Secretary 

of Defense of any projects filed with the Secretary of 

Transportation pursuant to section 44718 of title 49, 

United States Code— 

(i) that the Secretary of Defense has determined 

would result in an unacceptable risk to the national 

security; and 

(ii) for which the Secretary of Defense has recommended to the Secretary of Transportation that a 

hazard determination be issued; 

(B) an assessment of the risk associated with the loss or 

modifications of military training routes and a quantification of such risk; 

(C) an assessment of the risk associated with solar 

power and similar systems as to the effects of glint on 

military readiness; 

(D) an assessment of the risk associated with electromagnetic interference on military readiness, including the 

effects of testing and evaluation ranges; 

(E) an assessment of any risks posed by the development 

of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, to 

the prevention of threats and aggression directed toward 

the United States and its territories; and 

(F) a description of the distance from a military installation that the Department of Defense will use to prescreen 

applicants under section 44718 of title 49, United States 

Code. 

(g) AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS.—The Secretary of Defense is authorized to accept a voluntary contribution 


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of funds from an applicant for a project filed with the Secretary of 

Transportation pursuant to section 44718 of title 49, United States 

Code. Amounts so accepted shall be available for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such project on military operations and readiness. 

(h) EFFECT OF DEPARTMENT OF DEFENSE HAZARD ASSESSMENT.— 

An action taken pursuant to this section shall not be considered to 

be a substitute for any assessment or determination required of the 

Secretary of Transportation under section 44718 of title 49, United 

States Code. 

(i) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(j) DEFINITIONS.—In this section: 

(1) The term ‘‘military training route’’ means a training route 

developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the 

Secretary of Defense, for use by the Armed Forces for the purpose of conducting low-altitude, high-speed military training. 

(2) The term ‘‘military installation’’ has the meaning given 

that term in section 2801(c)(4) of title 10, United States Code. 

(3) The term ‘‘military readiness’’ includes any training or 

operation that could be related to combat readiness, including 

testing and evaluation activities. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2011 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2011, as follows: 

(1) The Army, 569,400. 

(2) The Navy, 328,700. 

(3) The Marine Corps, 202,100. 

(4) The Air Force, 332,200. 


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SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended by 

striking paragraphs (1) through (4) and inserting the following new 

paragraphs: 

‘‘(1) For the Army, 547,400. 

‘‘(2) For the Navy, 324,300. 

‘‘(3) For the Marine Corps, 202,100. 

‘‘(4) For the Air Force, 332,200.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths for 

Selected Reserve personnel of the reserve components as of September 30, 2011, as follows: 

(1) The Army National Guard of the United States, 358,200. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 65,500. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,700. 

(6) The Air Force Reserve, 71,200. 

(7) The Coast Guard Reserve, 10,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which are 

on active duty (other than for training) at the end of the fiscal 

year; and 

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at 

the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such 

individual members. 

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

Within the end strengths prescribed in section 411(a), the reserve 

components of the Armed Forces are authorized, as of September 

30, 2011, the following number of Reserves to be serving on fulltime 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. 


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(6) The Air Force Reserve, 2,992. 

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

The minimum number of military technicians (dual status) as of 

the last day of fiscal year 2011 for the reserve components of the 

Army and the Air Force (notwithstanding section 129 of title 10, 

United States Code) shall be the following: 

(1) For the Army Reserve, 8,395. 

(2) For the Army National Guard of the United States, 

27,210. 

(3) For the Air Force Reserve, 10,720. 

(4) For the Air National Guard of the United States, 22,394. 

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

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of 

non-dual status technicians employed by the National Guard 

as of September 30, 2011, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2011, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2011, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2011, the maximum number of members of the 

reserve components of the Armed Forces who may be serving at 

any time on full-time operational support duty under section 115(b) 

of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

Subtitle C—Authorization of Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated to the Department of Defense for military 

personnel for fiscal year 2011 a total of $138,540,700,000. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of appropriations in subsection (a) supersedes any other authorization of 


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appropriations (definite or indefinite) for such purpose for fiscal 

year 2011. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Ages for appointment and mandatory retirement for health professions officers. 

Sec. 502. Authority for appointment of warrant officers in the grade of W–1 by commission and standardization of warrant officer appointing authority. 

Sec. 503. Nondisclosure of information from discussions, deliberations, notes, and 

records of special selection boards. 

Sec. 504. Administrative removal of officers from promotion list. 

Sec. 505. Modification of authority for officers selected for appointment to general 

and flag officer grades to wear insignia of higher grade before appointment. 

Sec. 506. Temporary authority to reduce minimum length of active service as a 

commissioned officer required for voluntary retirement as an officer. 

Subtitle B—Reserve Component Management 

Sec. 511. Removal of statutory distribution limits on Navy reserve flag officer allocation. 

Sec. 512. Assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program. 

Sec. 513. Temporary authority for temporary employment of non-dual status military technicians. 

Sec. 514. Revision of structure and functions of the Reserve Forces Policy Board. 

Sec. 515. Repeal of requirement for new oath when officer transfers from activeduty 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. 


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Sec. 554. Active duty obligation for military academy graduates who participate in 

the Armed Forces Health Professions Scholarship and Financial Assistance program. 

Subtitle G—Defense Dependents’ Education 

Sec. 561. Enrollment of dependents of members of the Armed Forces who reside in 

temporary housing in Department of Defense domestic dependent elementary and secondary schools. 

Sec. 562. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 563. Impact aid for children with severe disabilities. 

Subtitle H—Decorations and Awards 

Sec. 571. Clarification of persons eligible for award of bronze star medal. 

Sec. 572. Authorization and request for award of Distinguished-Service Cross to 

Shinyei Matayoshi for acts of valor during World War II. 

Sec. 573. Authorization and request for award of Distinguished-Service Cross to 

Jay C. Copley for acts of valor during the Vietnam War. 

Sec. 574. Program to commemorate 60th anniversary of the Korean War. 

Subtitle I—Military Family Readiness Matters 

Sec. 581. Appointment of additional members of Department of Defense Military 

Family Readiness Council. 

Sec. 582. Enhancement of community support for military families with special 

needs. 

Sec. 583. Modification of Yellow Ribbon Reintegration Program. 

Sec. 584. Expansion and continuation of Joint Family Support Assistance Program. 

Sec. 585. Report on military spouse education programs. 

Sec. 586. Report on enhancing benefits available for military dependent children 

with special education needs. 

Sec. 587. Reports on child development centers and financial assistance for child 

care for members of the Armed Forces. 

Subtitle J—Other Matters 

Sec. 591. Authority for members of the Armed Forces and Department of Defense 

and Coast Guard civilian employees and their families to accept gifts 

from non-Federal entities. 

Sec. 592. Increase in number of private sector civilians authorized for admission to 

National Defense University. 

Sec. 593. Admission of defense industry civilians to attend United States Air Force 

Institute of Technology. 

Sec. 594. Updated terminology for Army Medical Service Corps. 

Sec. 595. Date for submission of annual report on Department of Defense 

STARBASE Program. 

Sec. 596. Extension of deadline for submission of final report of Military Leadership Diversity Commission. 

Subtitle A—Officer Personnel Policy Generally 

SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT 

FOR HEALTH PROFESSIONS OFFICERS. 

(a) AGE FOR ORIGINAL APPOINTMENT AS HEALTH PROFESSIONS

OFFICER.—Section 532(d)(2) of title 10, United States Code, is 

amended by striking ‘‘reserve’’. 

(b) MANDATORY RETIREMENT AGE FOR HEALTH PROFESSIONS OFFICERS.— 

(1) ADDITIONAL CATEGORIES OF OFFICERS ELIGIBLE FOR DEFERRAL OF MANDATORY RETIREMENT FOR AGE.—Paragraph (2) 

of section 1251(b) of such title is amended— 

(A) in subparagraph (B), by striking ‘‘or’’ at the end; 

(B) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; or’’; and 


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(C) by adding at the end the following new subparagraph: 

‘‘(D) an officer in a category of officers designated by the Secretary of the military department concerned for the purposes 

of this paragraph as consisting of officers whose duties consist 

primarily of— 

‘‘(i) providing health care; 

‘‘(ii) performing other clinical care; or 

‘‘(iii) performing health care-related administrative duties.’’. 

(2) CONFORMING AMENDMENT.—Paragraph (1) of such section 

is amended by striking ‘‘the officer will be performing duties 

consisting primarily of providing patient care or performing 

other clinical duties.’’ and inserting ‘‘the officer— 

‘‘(A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; or 

‘‘(B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily 

of the duties described in clause (i), (ii), or (iii) of such subparagraph.’’. 

SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN 

THE GRADE OF W–1 BY COMMISSION AND STANDARDIZATION OF WARRANT OFFICER APPOINTING AUTHORITY. 

(a) REGULAR OFFICERS.— 

(1) AUTHORITY FOR APPOINTMENTS BY COMMISSION IN WARRANT OFFICER W–1 GRADE.—The first sentence of section 571(b) 

of title 10, United States Code, is amended by striking ‘‘by the 

Secretary concerned’’ and inserting ‘‘, except that with respect 

to an armed force under the jurisdiction of the Secretary of a 

military department, the Secretary concerned may provide by 

regulation that appointments in that grade in that armed force 

shall be made by commission’’. 

(2) APPOINTING AUTHORITY.—The second sentence of such 

section is amended by inserting before the period at the end 

the following: ‘‘, and appointments (whether by warrant or 

commission) in the grade of regular warrant officer, W–1, shall 

be made by the President, except that appointments in that 

grade in the Coast Guard shall be made by the Secretary concerned’’. 

(b) RESERVE OFFICERS.—Subsection (b) of section 12241 of such 

title is amended to read as follows: 

‘‘(b) Appointments in permanent reserve warrant officer grades 

shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.’’. 

(c) PRESIDENTIAL FUNCTIONS.—Except as otherwise provided by 

the President by Executive order, the provisions of Executive Order 

13384 (10 U.S.C. 531 note) relating to the functions of the President under the second sentence of section 571(b) of title 10, United 

States Code, shall apply in the same manner to the functions of the 

President under section 12241(b) of title 10, United States Code. 


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

(a) NONDISCLOSURE OF BOARD PROCEEDINGS.—Section 613a of 

title 10, United States Code, is amended— 

(1) by striking subsection (a) and inserting the following new 

subsection: 

‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings of a selection 

board convened under section 573, 611, or 628 of this title may not 

be disclosed to any person not a member of the board, except as 

authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in 

section 552(b)(3) of title 5.’’; 

(2) in subsection (b), by striking ‘‘AND RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; and 

(3) by adding at the end the following new subsection: 

‘‘(c) APPLICABILITY.—This section applies to all selection boards 

convened under section 573, 611, or 628 of this title, regardless of 

the date on which the board was convened.’’. 

(b) REPORTS OF BOARDS.—Section 628(c)(2) of such title is 

amended by striking ‘‘sections 576(d) and 576(f)’’ and inserting 

‘‘sections 576(d), 576(f), and 613a’’. 

(c) RESERVE BOARDS.—Section 14104 of such title is amended— 

(1) by striking subsection (a) and inserting the following new 

subsection: 

‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings of a selection 

board convened under section 14101 or 14502 of this title may not 

be disclosed to any person not a member of the board, except as 

authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in 

section 552(b)(3) of title 5.’’; 

(2) in subsection (b), by striking ‘‘AND RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; and 

(3) by adding at the end the following new subsection: 

‘‘(c) APPLICABILITY.—This section applies to all selection boards 

convened under section 14101 or 14502 of this title, regardless of 

the date on which the board was convened.’’. 

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

(a) ACTIVE-DUTY LIST.—Section 629 of title 10, United States 

Code, is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) ADMINISTRATIVE REMOVAL.—Under regulations prescribed by 

the Secretary concerned, if an officer on the active-duty list is discharged or dropped from the rolls or transferred to a retired status 

after having been recommended for promotion to a higher grade 

under this chapter, but before being promoted, the officer’s name 

shall be administratively removed from the list of officers recommended for promotion by a selection board.’’. 

(b) RESERVE ACTIVE-STATUS LIST.—Section 14310 of such title is 

amended— 

(1) by redesignating subsection (d) as subsection (e); and 


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(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) ADMINISTRATIVE REMOVAL.—Under regulations prescribed by 

the Secretary concerned, if an officer on the reserve active-status 

list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a 

higher grade under this chapter or having been found qualified for 

Federal recognition in the higher grade under title 32, but before 

being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board.’’. 

SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED 

FOR APPOINTMENT TO GENERAL AND FLAG OFFICER 

GRADES TO WEAR INSIGNIA OF HIGHER GRADE BEFORE 

APPOINTMENT. 

(a) LIMITED AUTHORITY FOR OFFICERS SELECTED FOR APPOINTMENT TO GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.— 

(1) IN GENERAL.—Chapter 45 of title 10, United States Code, 

is amended by adding at the end the following new section: 

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

‘‘(a) AUTHORITY.—An officer serving in a grade below the grade 

of lieutenant general or, in the case of the Navy, vice admiral, who 

has been selected for appointment to the grade of lieutenant general or general, or, in the case of the Navy, vice admiral or admiral, 

and an officer serving in the grade of lieutenant general or vice admiral who has been selected for appointment to the grade of general or admiral, may be authorized, under regulations and policies 

of the Department of Defense and subject to subsection (b), to wear 

the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade 

is authorized. An officer who is so authorized to wear the insignia 

of a higher grade is said to be ‘frocked’ to that grade. 

‘‘(b) RESTRICTIONS.—An officer may not be authorized to wear the 

insignia for a grade as described in subsection (a) unless— 

‘‘(1) the Senate has given its advice and consent to the appointment of the officer to that grade; 

‘‘(2) the officer has received orders to serve in a position outside the military department of that officer for which that 

grade is authorized; 

‘‘(3) the Secretary of Defense (or a civilian officer within the 

Office of the Secretary of Defense whose appointment was 

made with the advice and consent of the Senate and to whom 

the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before 

assuming the duties of a position for which that grade is authorized; and 

‘‘(4) the Secretary of Defense has submitted to Congress a 

written notification of the intent to authorize the officer to 

wear the insignia for that grade. 

‘‘(c) BENEFITS NOT TO BE CONSTRUED AS ACCRUING.—(1) Authority provided to an officer as described in subsection (a) to wear the 


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insignia of a higher grade may not be construed as conferring authority for that officer to— 

‘‘(A) be paid the rate of pay provided for an officer in that 

grade having the same number of years of service as that officer; or 

‘‘(B) assume any legal authority associated with that grade. 

‘‘(2) The period for which an officer wears the insignia of a higher 

grade under such authority may not be taken into account for any 

of the following purposes: 

‘‘(A) Seniority in that grade. 

‘‘(B) Time of service in that grade. 

‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED.—The total 

number of officers who are authorized to wear the insignia for a 

higher grade under this section shall count against the limitation 

in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘777a. Wearing of insignia of higher grade before appointment to a grade above 

major general or rear admiral (frocking): authority; restrictions.’’. 

(b) REPEAL OF WAITING PERIOD FOLLOWING CONGRESSIONAL NOTIFICATION FOR OFFICERS SELECTED FOR APPOINTMENT TO GENERAL

AND FLAG OFFICER GRADES BELOW LIEUTENANT GENERAL AND VICE

ADMIRAL.—Section 777(b)(3)(B) of such title is amended by striking 

‘‘and a period of 30 days has elapsed after the date of the notification’’. 

SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF 

ACTIVE SERVICE AS A COMMISSIONED OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER. 

(a) ARMY.—Section 3911(b)(2) of title 10, United States Code, is 

amended by striking ‘‘January 6, 2006, and ending on December 

31, 2008’’ and inserting ‘‘the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and 

ending on September 30, 2013’’. 

(b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) of such title 

is amended by striking ‘‘January 6, 2006, and ending on December 

31, 2008’’ and inserting ‘‘the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and 

ending on September 30, 2013’’. 

(c) AIR FORCE.—Section 8911(b)(2) of such title is amended by 

striking ‘‘January 6, 2006, and ending on December 31, 2008’’ and 

inserting ‘‘the date of the enactment of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’’. 

Subtitle B—Reserve Component Management 

SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY 

RESERVE FLAG OFFICER ALLOCATION. 

Section 12004(c) of title 10, United States Code, is amended— 

(1) by striking paragraphs (2), (3), and (5); and 

(2) by redesignating paragraph (4) as paragraph (2). 


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

RESERVE UNIT PROGRAM. 

Section 10216(d) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(3) Paragraph (1) does not apply to a military technician (dual 

status) who is employed by the Air Force Reserve in an area other 

than the Air Force Reserve unit program, except that not more 

than 50 of such technicians may be assigned outside of the unit 

program at the same time.’’. 

SEC. 513. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT 

OF NON-DUAL STATUS MILITARY TECHNICIANS. 

(a) EXCEPTION FOR TEMPORARY EMPLOYMENT.—Section 10217 of 

title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘or’’ at the end of paragraph (1); 

(B) by striking the period at the end of paragraph (2) 

and inserting ‘‘; or’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and 

subject to the terms and conditions of such subsection.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(d) EXCEPTION FOR TEMPORARY EMPLOYMENT.—(1) Notwithstanding section 10218 of this title, the Secretary of the Army or 

the Secretary of the Air Force may employ, for a period not to exceed two years, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position 

under section 10216 of this title. 

‘‘(2) The duration of the temporary employment of a person in a 

military technician position under this subsection may not exceed 

the shorter of the following: 

‘‘(A) The period of mobilization of the military technician 

(dual status) whose vacancy is being filled by the temporary 

employee. 

‘‘(B) Two years. 

‘‘(3) No person may be hired under the authority of this subsection after the end of the 2-year period beginning on the date of 

the enactment of this subsection.’’. 

(b) EXCEPTION FROM PERMANENT LIMITATION ON NUMBER OF

NON-DUAL STATUS TECHNICIANS.—Subsection (c) of such section is 

amended by adding at the end the following new paragraph: 

‘‘(3) An individual employed as a non-dual status technician as 

described in subsection (a)(3) shall not be consider a non-dual status technician for purposes of paragraphs (1) and (2).’’. 

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

(a) REVISION OF STRUCTURE.— 

(1) IN GENERAL.—Section 10301 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 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 


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‘Reserve Forces Policy Board’ (in this section referred to as the 

‘Board’). 

‘‘(b) FUNCTIONS.—The Board shall serve as an independent adviser to the Secretary of Defense to provide advice and recommendations to the Secretary on strategies, policies, and practices 

designed to improve and enhance the capabilities, efficiency, and 

effectiveness of the reserve components. 

‘‘(c) MEMBERSHIP.—The Board consists of 20 members, appointed 

or designated as follows: 

‘‘(1) A civilian appointed by the Secretary of Defense from 

among persons determined by the Secretary to have the knowledge of, and experience in, policy matters relevant to national 

security and reserve component matters necessary to carry out 

the duties of chair of the Board, who shall serve as chair of the 

Board. 

‘‘(2) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Army— 

‘‘(A) one of whom shall be a member of the Army National Guard of the United States or a former member of 

the Army National Guard of the United States in the Retired Reserve; and 

‘‘(B) one of whom shall be a member or retired member 

of the Army Reserve. 

‘‘(3) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Navy— 

‘‘(A) one of whom shall be an active or retired officer of 

the Navy Reserve; and 

‘‘(B) one of whom shall be an active or retired officer of 

the Marine Corps Reserve. 

‘‘(4) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force— 

‘‘(A) one of whom shall be a member of the Air National 

Guard of the United States or a former member of the Air 

National Guard of the United States in the Retired Reserve; and 

‘‘(B) one of whom shall be a member or retired member 

of the Air Force Reserve. 

‘‘(5) One active or retired reserve officer or enlisted member 

of the Coast Guard designated by the Secretary of Homeland 

Security. 

‘‘(6) Ten persons appointed or designated by the Secretary of 

Defense, each of whom shall be a United States citizen having 

significant knowledge of and experience in policy matters relevant to national security and reserve component matters and 

shall be one of the following: 

‘‘(A) An individual not employed in any Federal or State 

department or agency. 

‘‘(B) An individual employed by a Federal or State department or agency. 


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‘‘(C) An officer of a regular component of the armed 

forces on active duty, or an officer of a reserve component 

of the armed forces in an active status, who— 

‘‘(i) is serving or has served in a senior position on 

the Joint Staff, the headquarters staff of a combatant 

command, or the headquarters staff of an armed force; 

and 

‘‘(ii) has experience in joint professional military 

education, joint qualification, and joint operations 

matters. 

‘‘(7) A reserve officer of the Army, Navy, Air Force, or Marine 

Corps who is a general or flag officer recommended by the 

chair and designated by the Secretary of Defense, who shall 

serve without vote— 

‘‘(A) as military adviser to the chair; 

‘‘(B) as military executive officer of the Board; and 

‘‘(C) as supervisor of the operations and staff of the 

Board. 

‘‘(8) A senior enlisted member of a reserve component recommended by the chair and designated by the Secretary of Defense, who shall serve without vote as enlisted military adviser 

to the chair. 

‘‘(d) MATTERS TO BE ACTED ON.—The Board may act on those 

matters referred to it by the chair and on any matter raised by a 

member of the Board or the Secretary of Defense. 

‘‘(e) STAFF.—The Board shall be supported by a staff consisting 

of one full-time officer from each of the reserve components listed 

in paragraphs (1) through (6) of section 10101 of this title who 

holds the grade of colonel (or in the case of the Navy, the grade 

of captain) or who has been selected for promotion to that grade. 

These officers shall also serve as liaisons between their respective 

components and the Board. They shall perform their staff and liaison duties under the supervision of the military executive officer of 

the Board in an independent manner reflecting the independent 

nature of the Board. 

‘‘(f) RELATIONSHIP TO SERVICE RESERVE POLICY COMMITTEES AND

BOARDS.—This section does not affect the committees and boards 

prescribed within the military departments by sections 10302 

through 10305 of this title, and a member of such a committee or 

board may, if otherwise eligible, be a member of the Board.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on July 1, 2011. 

(b) REVISION TO ANNUAL REPORT REQUIREMENT.—Section 

113(c)(2) of title 10, United States Code, is amended by striking 

‘‘the reserve programs of the Department of Defense and on any 

other matters’’ and inserting ‘‘on any reserve component matter’’. 

SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN OFFICER 

TRANSFERS FROM ACTIVE-DUTY LIST TO RESERVE ACTIVE-STATUS LIST. 

Section 12201(a)(2) of title 10, United States Code, is amended 

by striking ‘‘An officer transferred from the active-duty list of an 

armed force to a reserve active-status list of an armed force under 

section 647 of this title’’ and inserting ‘‘If an officer is transferred 

from the active-duty list of an armed force to a reserve active-staVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00101 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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tus list of an armed force in accordance with regulations prescribed 

by the Secretary of Defense, the officer’’. 

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

THE ARMED FORCES. 

(a) CARRYOVER OF ACCUMULATED LEAVE TO SUCCEEDING PERIOD

OF ACTIVE SERVICE.—Section 701 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(k) A member of a reserve component who accumulates leave 

during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to 

the accumulation limits in subsections (b), (d), and (f), without regard to separation or release from active service if the separation 

or release is under honorable conditions. The taking of leave carried over under this subsection shall be subject to the provisions 

of this section.’’. 

(b) PAYMENT FOR UNUSED ACCRUED LEAVE.—Section 501(a) of 

title 37, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end and 

inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(4) in the case of an officer or an enlisted member of a reserve component who is not serving on active duty, separation 

or release from the reserve component under honorable conditions, or death; and 

‘‘(5) in the case of an enlisted member of a reserve a component who is not serving on active duty, termination of enlistment in conjunction with the commencement of a successive 

enlistment, or appointment as an officer.’’. 

SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED 

STATES MERCHANT MARINE ACADEMY INTO THE NATIONAL GUARD. 

Section 305(a)(5) of title 32, United States Code, is amended by 

striking ‘‘or the United States Coast Guard Academy’’ and inserting 

‘‘the United States Coast Guard Academy, or the United States 

Merchant Marine Academy’’. 

Subtitle C—Joint Qualified Officers and Requirements 

SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS 

FOR PURPOSES OF JOINT OFFICER MANAGEMENT. 

Section 668(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘multiple’’ in the matter preceding subparagraph (A) and inserting ‘‘integrated’’; and 

(B) by striking ‘‘and’’ at the end of the subparagraph (D) 

and inserting ‘‘or’’; and 

(2) by striking paragraph (2) and inserting the following new 

paragraph: 

‘‘(2) In the context of joint matters, the term ‘integrated military 

forces’ refers to military forces that are involved in the planning or 

execution (or both) of operations involving participants from— 

‘‘(A) more than one military department; or 

‘‘(B) a military department and one or more of the following: 


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‘‘(i) Other departments and agencies of the United 

States. 

‘‘(ii) The military forces or agencies of other countries. 

‘‘(iii) Non-governmental persons or entities.’’. 

SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR 

JOINT QUALIFIED OFFICERS AND OFFICERS WITH JOINT 

STAFF EXPERIENCE. 

(a) BOARD COMPOSITION.—Subsection (c) of section 612 of title 10, 

United States Code, is amended to read as follows: 

‘‘(c)(1) Each selection board convened under section 611(a) of this 

title that will consider an officer described in paragraph (2) shall 

include at least one officer designated by the Chairman of the Joint 

Chiefs of Staff who is a joint qualified officer. 

‘‘(2) Paragraph (1) applies with respect to an officer who— 

‘‘(A) is serving on, or has served on, the Joint Staff; or 

‘‘(B) is a joint qualified officer. 

‘‘(3) The Secretary of Defense may waive the requirement in 

paragraph (1) in the case of— 

‘‘(A) any selection board of the Marine Corps; or 

‘‘(B) any selection board that is considering officers in specialties identified in paragraph (2) or (3) of section 619a(b) of 

this title.’’. 

(b) INFORMATION FURNISHED TO SELECTION BOARDS.—Section 

615 of such title is amended in subsections (b)(5) and (c) by striking 

‘‘in joint duty assignments of officers who are serving, or have 

served, in such assignments’’ and inserting ‘‘of officers who are 

serving on, or have served on, the Joint Staff or are joint qualified 

officers’’. 

(c) ACTION ON REPORT OF SELECTION BOARDS.—Section 618(b) of 

such title is amended— 

(1) in paragraph (1), by striking ‘‘are serving, or have served, 

in joint duty assignments’’ and inserting ‘‘are serving on, or 

have served on, the Joint Staff or are joint qualified officers’’; 

(2) in subparagraphs (A) and (B) of paragraph (2), by striking ‘‘in joint duty assignments of officers who are serving, or 

have served, in such assignments’’ and inserting ‘‘of officers 

who are serving on, or have served on, the Joint Staff or are 

joint qualified officers’’; and 

(3) in paragraph (4), by striking ‘‘in joint duty assignments’’ 

and inserting ‘‘who are serving on, or have served on, the Joint 

Staff or are joint qualified officers’’. 

Subtitle D—General Service Authorities 

SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS OF THE ARMED FORCES TO ACTIVE 

DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS. 

(a) EXTENSION OF AUTHORITY.—Section 688a(f) of title 10, United 

States Code, is amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 2011’’. 

(b) REPORT REQUIRED.—Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment by the Secretary of the need to extend the 

authority provided by section 688a of title 10, United States Code, 


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beyond December 31, 2011. The report shall include, at a minimum, the following: 

(1) A list of the current types of high-demand, low-density 

capabilities (as defined in such section) for which the authority 

is being used to address operational requirements. 

(2) For each high-demand, low-density capability included in 

the list under paragraph (1), the number of retired members 

of the Armed Forces who have served on active duty at any 

time during each of fiscal years 2007 through 2010 under the 

authority. 

(3) A plan to increase the required active duty strength for 

the high-demand, low-density capabilities included in the list 

under paragraph (1) to eliminate the need to use the authority. 

SEC. 532. NON-CHARGEABLE REST AND RECUPERATION ABSENCE FOR 

CERTAIN MEMBERS UNDERGOING EXTENDED DEPLOYMENT TO A COMBAT ZONE. 

(a) IN GENERAL.—Chapter 40 of title 10, United States Code, is 

amended by inserting after section 705 the following new section: 

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

‘‘(a) REST AND RECUPERATION AUTHORIZED.—Under regulations 

prescribed by the Secretary of Defense, the Secretary concerned 

may provide a member of the armed forces described in subsection 

(b) the benefits described in subsection (c). 

‘‘(b) COVERED MEMBERS.—A member of the armed forces described in this subsection is any member who— 

‘‘(1) is assigned or deployed for at least 270 days in an area 

or location— 

‘‘(A) that is designated by the President as a combat 

zone; and 

‘‘(B) in which hardship duty pay is authorized to be paid 

under section 305 of title 37; and 

‘‘(2) meets such other criteria as the Secretary of Defense 

may prescribe in the regulations required by subsection (a). 

‘‘(c) BENEFITS.—The benefits described in this subsection are the 

following: 

‘‘(1) A period of rest and recuperation absence for not more 

than 15 days. 

‘‘(2) Round-trip transportation at Government expense from 

the area or location in which the member is serving in connection with the exercise of the period of rest and recuperation. 

‘‘(d) CONSTRUCTION WITH OTHER LEAVE.—Any benefits provided 

a member under this section are in addition to any other leave or 

absence to which the member may be entitled.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 705 the following new item: 

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

SEC. 533. CORRECTION OF MILITARY RECORDS. 

(a) MEMBERS ELIGIBLE TO REQUEST REVIEW OF RETIREMENT OR

SEPARATION WITHOUT PAY FOR PHYSICAL DISABILITY.—Section 

1554(a) of title 10, United States Code, is amended— 


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(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: 

‘‘§ 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: 


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‘‘1214a. Members determined fit for duty in Physical Evaluation Board evaluation: 

prohibition on involuntary administrative separation due to 

unsuitability based on medical conditions considered in evaluation.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on the date of the enactment of this Act, and shall 

apply with respect to members evaluated for fitness for duty by 

Physical Evaluation Boards on or after that date. 

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

FORCES. 

(a) REVIEW REQUIRED.—The Secretary of Defense, in coordination 

with the Secretaries of the military departments, shall conduct a 

review of laws, policies, and regulations, including the collocation 

policy, that may restrict the service of female members of the 

Armed Forces to determine whether changes in such laws, policies, 

and regulations are needed to ensure that female members have an 

equitable opportunity to compete and excel in the Armed Forces. 

(b) SUBMISSION OF RESULTS.—Not later than April 15, 2011, the 

Secretary of Defense shall submit to the congressional defense committees a report containing the results of the review. 

Subtitle E—Military Justice and Legal Matters 

SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY 

TO COMPLETE DISCIPLINARY ACTION. 

Section 580 of title 10, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(f) A warrant officer subject to discharge or retirement under 

this section, but against whom any action has been commenced 

with a view to trying the officer by court-martial, may be continued 

on active duty, without prejudice to such action, until the completion of such action.’’. 

SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY 

JUSTICE PROCEEDINGS. 

(a) IN GENERAL.—Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to 

read as follows: 

‘‘§ 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. 


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‘‘(c) INAPPLICABILITY TO MILITARY COMMISSIONS UNDER CHAPTER

47A.—This section does not apply to a military commission established under chapter 47A of this title.’’. 

(b) EFFECTIVE DATE.—Section 848 of title 10, United States Code 

(article 48 of the Uniform Code of Military Justice), as amended by 

subsection (a), shall apply with respect to acts of contempt committed after the date of the enactment of this Act. 

SEC. 543. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC 

VIOLENCE PROGRAMS. 

(a) IMPLEMENTATION OF OUTSTANDING COMPTROLLER GENERAL

RECOMMENDATIONS.—Consistent with the recommendations contained in the report of the Comptroller General of the United 

States titled ‘‘Status of Implementation of GAO’s 2006 Recommendations on the Department of Defense’s Domestic Violence 

Program’’ (GAO–10–577R), the Secretary of Defense shall complete, 

not later than one year after the date of enactment of this Act, implementation of actions to address the following recommendations: 

(1) DEFENSE INCIDENT-BASED REPORTING SYSTEM.—The Secretary of Defense shall develop a comprehensive management 

plan to address deficiencies in the data captured in the Defense Incident-Based Reporting System to ensure the system 

can provide an accurate count of domestic violence incidents, 

and any consequent disciplinary action, that are reported 

throughout the Department of Defense. 

(2) ADEQUATE PERSONNEL.—The Secretary of Defense shall 

develop a plan to ensure that adequate personnel are available 

to implement recommendations made by the Defense Task 

Force on Domestic Violence. 

(3) DOMESTIC VIOLENCE TRAINING DATA FOR CHAPLAINS.—The 

Secretary of Defense shall develop a plan to collect domestic violence training data for chaplains. 

(4) OVERSIGHT FRAMEWORK.—The Secretary of Defense shall 

develop an oversight framework for Department of Defense domestic violence programs, to include oversight of implementation of recommendations made by the Defense Task Force on 

Domestic Violence, including budgeting, communication initiatives, and policy compliance. 

(b) IMPLEMENTATION REPORT.—The Secretary of Defense shall 

submit to the congressional defense committees an implementation 

report within 90 days of the completion of actions outlined in subsection (a). 

Subtitle F—Member Education and Training Opportunities 

and Administration 

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

(a) CLARIFICATION OF DEGREE COVERED BY PROGRAM.—Subsection (a) of section 2016 of title 10, United States Code, is amended by striking ‘‘a nursing degree’’ and inserting ‘‘a bachelor of 

science degree in nursing’’. 

(b) GRADUATION RATES OF TRAINING PROGRAMS.—Subsection (b) 

of such section is amended by inserting ‘‘in nursing’’ after ‘‘bachelor 

of science degree’’. 


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(c) LOCATION OF PROGRAMS.—Subsection (d) of such section is 

amended to read as follows: 

‘‘(d) LOCATION OF PROGRAMS.—(1) An academic institution selected to operate an undergraduate nurse training program shall 

establish the program at or near a military installation that has a 

military treatment facility designated as a medical center with inpatient capability and multiple graduate medical education programs located on the installation or within reasonable proximity to 

the installation. 

‘‘(2) Before approving a location as the site of an undergraduate 

nurse training program, the Secretary of Defense shall conduct an 

assessment to ensure that the establishment of the program at that 

location will not adversely impact or displace existing nurse training programs, either conducted by the Department of Defense or by 

a civilian entity, at the location.’’. 

(d) PILOT PROGRAM.— (1) IMPLEMENTATION.—Paragraph (2) of section 525(d) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2287; 10 U.S.C. 2016 note) is amended by striking ‘‘July 1, 2011’’ and inserting ‘‘December 31, 

2011’’. 

(2) GRADUATION RATES.—Paragraph (3) of such section is 

amended— 

(A) by striking the ‘‘The pilot program shall achieve’’ and 

inserting ‘‘The goal of the pilot program is to achieve’’; and 

(B) by striking ‘‘nurse training program’’ and inserting 

‘‘nurse training programs’’. 

SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS. 

(a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECIFIED MILITARY

SPECIALTIES.—Section 2171 of title 10, United States Code, is 

amended by adding at the end the following new subsections: 

‘‘(g) Except a person described in subsection (e) who transfers to 

service making the person eligible for repayment of loans under 

section 16301 of this title, a member of the armed forces who fails 

to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) of title 37. 

‘‘(h) The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for 

qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include 

exceptions that would allow for the payment as a lump sum of any 

loan repayment due to a member under a written agreement that 

existed at the time of a member’s death or disability.’’. 

(b) MEMBERS OF SELECTED RESERVE.—Section 16301 of such title 

is amended by adding at the end the following new subsections: 

‘‘(h) Except a person described in subsection (e) who transfers to 

service making the person eligible for repayment of loans under 

section 2171 of this title, a member of the armed forces who fails 

to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) of title 37. 

‘‘(i) The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for 


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qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include 

exceptions that would allow for the payment as a lump sum of any 

loan repayment due to a member under a written agreement that 

existed at the time of a member’s death or disability.’’. 

SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS 

SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM 

RECIPIENTS IN ACTIVE DUTY HEALTH PROFESSION LOAN 

REPAYMENT PROGRAM. 

Section 2173(c) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(4) The person is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance Program under 

subchapter I of chapter 105 of this title for a number of years 

less than is required to complete the normal length of the 

course of study required for the health profession concerned.’’. 

SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACADEMY GRADUATES WHO PARTICIPATE IN THE ARMED FORCES 

HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL 

ASSISTANCE PROGRAM. 

(a) MILITARY ACADEMY GRADUATES.—Section 4348(a) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(4) That if an appointment described in paragraph (2) or (3) 

is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of 

the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of 

this title for participation in such program.’’. 

(b) NAVAL ACADEMY GRADUATES.—Section 6959(a) of such title is 

amended by adding at the end the following new paragraph: 

‘‘(4) That if an appointment described in paragraph (2) or (3) 

is tendered and the midshipman participates in a program 

under section 2121 of this title, the midshipman will fulfill any 

unserved obligation incurred under this section on active duty, 

regardless of the type of appointment held, upon completion of, 

and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.’’. 

(c) AIR FORCE ACADEMY GRADUATES.—Section 9348(a) of such 

title is amended by adding at the end the following new paragraph: 

‘‘(4) That if an appointment described in paragraph (2) or (3) 

is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of 

the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of 

this title for participation in such program.’’. 


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Subtitle G—Defense Dependents’ Education 

SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE 

ARMED FORCES WHO RESIDE IN TEMPORARY HOUSING 

IN DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS. 

Section 2164(a) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(3)(A) Under the circumstances described in subparagraph (B), 

the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation. 

‘‘(B) Subparagraph (A) applies only if— 

‘‘(i) the dependents reside in temporary housing (regardless 

of whether the temporary housing is on Federal property)— 

‘‘(I) because of the unavailability of adequate permanent 

living quarters on the military installation to which the 

member is assigned; or 

‘‘(II) while the member is wounded, ill, or injured; and 

‘‘(ii) the Secretary determines that the circumstances of such 

living arrangements justify extending the enrollment authority 

to include the dependents.’’. 

SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to be 

appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 

shall be available only for the purpose of providing assistance to 

local educational agencies under subsection (a) of section 572 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.—Of the amount authorized to be appropriated for fiscal 

year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 

20 U.S.C. 7703b). 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, the 

term ‘‘local educational agency’’ has the meaning given that term 

in section 8013(9) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7713(9)). 

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

Of the amount authorized to be appropriated for fiscal year 2011 

pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available for payments 

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ization 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: 

‘‘§ 1133. Bronze Star: limitation on persons eligible to receive 

‘‘The decoration known as the ‘Bronze Star’ may only be awarded 

to a member of a military force who— 

‘‘(1) at the time of the events for which the decoration is to 

be awarded, was serving in a geographic area in which special 

pay is authorized under section 310 or paragraph (1) or (3) of 

section 351(a) of title 37; or 

‘‘(2) receives special pay under section 310 or paragraph (1) 

or (3) of section 351(a) of title 37 as a result of those events.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of such title is amended by striking the item relating to section 1133 and inserting the following new item: 

‘‘1133. Bronze Star: limitation on persons eligible to receive.’’. 

(c) APPLICATION OF AMENDMENT.—The amendment made by subsection (a) applies to the award of the Bronze Star after October 

30, 2000. 

SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO SHINYEI MATAYOSHI FOR 

ACTS OF VALOR DURING WORLD WAR II. 

(a) AUTHORIZATION.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other 

time limitation with respect to the awarding of certain medals to 

persons who served in the Armed Forces, the Secretary of the 

Army is authorized and requested to award the DistinguishedService 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 DistinguishedService 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 enVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00111 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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gagement with a regimental-size enemy force in Bin Dinh Province, 

South Vietnam. 

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

KOREAN WAR. 

(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The Secretary of 

Defense may establish and conduct a program to commemorate the 

60th anniversary of the Korean War (in this section referred to as 

the ‘‘commemorative program’’). In conducting the commemorative 

program, the Secretary of Defense shall coordinate and support 

other programs and activities of the Federal Government, State 

and local governments, and other persons and organizations in 

commemoration of the Korean War. 

(b) SCHEDULE.—If the Secretary of Defense establishes the commemorative program, the Secretary shall determine the schedule of 

major events and priority of efforts for the commemorative program 

to achieve the commemorative objectives specified in subsection (c). 

The Secretary of Defense may establish a committee to assist the 

Secretary in determining the schedule and conducting the commemorative program. 

(c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.—The commemorative program may include activities and ceremonies to 

achieve the following objectives: 

(1) To thank and honor veterans of the Korean War, including members of the Armed Forces who were held as prisoners 

of war or listed as missing in action, for their service and sacrifice on behalf of the United States. 

(2) To thank and honor the families of veterans of the Korean War for their sacrifices and contributions, especially families who lost a loved one in the Korean War. 

(3) To highlight the service of the Armed Forces during the 

Korean War and the contributions of Federal agencies and governmental and non-governmental organizations that served 

with, or in support of, the Armed Forces. 

(4) To pay tribute to the sacrifices and contributions made on 

the home front by the people of the United States during the 

Korean War. 

(5) To provide the people of the United States with a clear 

understanding and appreciation of the lessons and history of 

the Korean War. 

(6) To highlight the advances in technology, science, and 

medicine related to military research conducted during the Korean War. 

(7) To recognize the contributions and sacrifices made by the 

allies of the United States during the Korean War. 

(d) USE OF THE UNITED STATES OF AMERICA KOREAN WAR COMMEMORATION AND SYMBOLS.—Subsection (c) of section 1083 of the 

National Defense Authorization Act for Fiscal Year 1998 (Public 

Law 105–85; 111 Stat. 1918), as amended by section 1067 of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (Public Law 105–261; 112 Stat. 2134) and section 1052 

of the National Defense Authorization Act for Fiscal Year 2000 

(Public Law 106–65; 113 Stat. 764), shall apply to the commemorative program. 

(e) COMMEMORATIVE FUND.— 


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(1) ESTABLISHMENT OF NEW ACCOUNT.—If the Secretary of 

Defense establishes the commemorative program, the Secretary the Treasury shall establish in the Treasury of the 

United States an account to be known as the ‘‘Department of 

Defense Korean War Commemoration Fund’’ (in this section referred to as the ‘‘Fund’’). 

(2) ADMINISTRATION AND USE OF FUND.—The Fund shall be 

available to, and administered by, the Secretary of Defense. 

The Secretary of Defense shall use the assets of the Fund only 

for the purpose of conducting the commemorative program and 

shall prescribe such regulations regarding the use of the Fund 

as the Secretary of Defense considers to be necessary. 

(3) DEPOSITS.—There shall be deposited into the Fund the 

following: 

(A) Amounts appropriated to the Fund. 

(B) Proceeds derived from the use by the Secretary of 

Defense of the exclusive rights described in subsection (c) 

of section 1083 of the National Defense Authorization Act 

for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1918). 

(C) Donations made in support of the commemorative 

program by private and corporate donors. 

(4) AVAILABILITY.—Subject to paragraph (5), amounts in the 

Fund shall remain available until expended. 

(5) TREATMENT OF UNOBLIGATED FUNDS; TRANSFER.—If unobligated amounts remain in the Fund as of September 30, 2013, 

the Secretary of the Treasury shall transfer the remaining 

amounts to the Department of Defense Vietnam War Commemorative Fund established pursuant to section 598(e) of the 

National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 113 note). The transferred amounts 

shall be merged with, and available for the same purposes as, 

other amounts in the Department of Defense Vietnam War 

Commemorative Fund. 

(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any 

individual involved in the program. 

(2) COMPENSATION FOR WORK-RELATED INJURY.—A person 

providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of 

title 5, United States Code, relating to compensation for workrelated 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. 


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(3) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary of Defense may provide for reimbursement of incidental 

expenses incurred by a person providing voluntary services 

under this subsection. The Secretary of Defense shall determine which expenses are eligible for reimbursement under this 

paragraph. 

(g) REPORT REQUIRED.—If the Secretary of Defense conducts the 

commemorative program, the Inspector General of the Department 

of Defense shall submit to Congress, not later than 60 days after 

the end of the commemorative program, a report containing an accounting of— 

(1) all of the funds deposited into and expended from the 

Fund; 

(2) any other funds expended under this section; and 

(3) any unobligated funds remaining in the Fund as of September 30, 2013, that are transferred to the Department of Defense Vietnam War Commemorative Fund pursuant to subsection (e)(5). 

(h) LIMITATION ON EXPENDITURES.—Using amounts appropriated 

to the Department of Defense, the Secretary of Defense may not expend more than $5,000,000 to carry out the commemorative program. 

Subtitle I—Military Family Readiness Matters 

SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT 

OF DEFENSE MILITARY FAMILY READINESS COUNCIL. 

(a) INCLUSION OF SPOUSE OF GENERAL OR FLAG OFFICER.—Subsection (b) of section 1781a of title 10, United States Code, is 

amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraph (E) as subparagraph 

(F); and 

(B) by inserting after subparagraph (D) the following 

new subparagraph: 

‘‘(E) The spouse of a general or flag officer.’’; and 

(2) in paragraph (2), by striking ‘‘subparagraphs (C) and (D)’’ 

and inserting ‘‘subparagraphs (C), (D), and (E)’’. 

(b) INCLUSION OF DIRECTOR OF OFFICE OF COMMUNITY SUPPORT

FOR MILITARY FAMILIES WITH SPECIAL NEEDS.—Subsection (b)(1) of 

such section is further amended by adding at the end the following 

new subparagraph: 

‘‘(G) The Director of the Office of Community Support for 

Military Families With Special Needs.’’. 

(c) CLARIFICATION OF APPOINTMENT OPTIONS FOR EXISTING MEMBER.—Subparagraph (F) of subsection (b)(1) of such section, as redesignated by subsection (a)(1)(A), is amended to read as follows: 

‘‘(F) In addition to the representatives appointed under subparagraphs (B) and (C), the senior enlisted advisor, or the 

spouse of a senior enlisted member, from each of the Army, 

Navy, Marine Corps, and Air Force.’’. 

(d) APPOINTMENT BY SECRETARY OF DEFENSE.—Subsection (b) of 

such section is further amended— 

(1) in paragraph (1)— 


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(A) in subparagraph (B), by striking ‘‘, who shall be appointed by the Secretary of Defense’’; 

(B) in subparagraph (C), by striking ‘‘, who shall be appointed by the Secretary of Defense’’ both places it appears; and 

(C) in subparagraph (D), by striking ‘‘by the Secretary of 

Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) The Secretary of Defense shall appoint the members of the 

Council required by subparagraphs (B) through (F) of paragraph 

(1).’’. 

SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY 

FAMILIES WITH SPECIAL NEEDS. 

(a) DIRECTOR OF THE OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.—Subsection (c) of section 

1781c of title 10, United States Code, is amended to read as follows: 

‘‘(c) DIRECTOR.—(1) The head of the Office shall be the Director 

of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Senior Executive Service 

or a general officer or flag officer. 

‘‘(2) In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of 

the Under Secretary of Defense for Personnel and Readiness.’’. 

(b) ADDITIONAL RESPONSIBILITY FOR OFFICE.—Subsection (d) of 

such section is amended— 

(1) by redesignating paragraph (7) as paragraph (8); and 

(2) by inserting after paragraph (6) the following new paragraph (7): 

‘‘(7) To conduct periodic reviews of best practices in the 

United States in the provision of medical and educational services for children with special needs.’’. 

(c) ENHANCEMENT OF SUPPORT.—Section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 

123 Stat. 2304) is amended— 

(1) by redesignating subsection (c) as subsection (e); and 

(2) by inserting after subsection (b) the following new subsections: 

‘‘(c) MILITARY DEPARTMENT SUPPORT FOR LOCAL CENTERS TO ASSIST MILITARY CHILDREN WITH SPECIAL NEEDS.—The Secretary of 

a military department may establish or support centers on or in 

the vicinity of military installations under the jurisdiction of such 

Secretary to coordinate and provide medical and educational services for children with special needs of members of the Armed 

Forces who are assigned to such installations. 

‘‘(d) ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY

FAMILIES WITH SPECIAL NEEDS.— 

‘‘(1) ESTABLISHMENT.—Not later than 90 days after the date 

of the enactment of this subsection, the Secretary of Defense 

shall establish an advisory panel on community support for 

military families with special needs. 

‘‘(2) MEMBERS.—The advisory panel shall consist of seven individuals who are a member of a military family with special 


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needs. The Secretary of Defense shall appoint the members of 

the advisory panel. 

‘‘(3) DUTIES.—The advisory panel shall— 

‘‘(A) provide informed advice to the Director of the Office 

of Community Support for Military Families With Special 

Needs on the implementation of the policy required by subsection (e) of section 1781c of title 10, United States Code, 

and on the discharge of the programs required by subsection (f) of such section; 

‘‘(B) assess and provide information to the Director on 

services and support for children with special needs that 

is available from other departments and agencies of the 

Federal Government and from State and local governments; and 

‘‘(C) otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support 

for Military Families With Special Needs in such manner 

as the Secretary of Defense and the Director jointly determine appropriate. 

‘‘(4) MEETINGS.—The Director shall meet with the advisory 

panel at such times, and with such frequency, as the Director 

considers appropriate. The Director shall meet with the panel 

at least once each year. The Director may meet with the panel 

through teleconferencing or by other electronic means.’’. 

SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM. 

(a) OFFICE FOR REINTEGRATION PROGRAMS.—Subsection (d)(1) of 

section 582 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended— 

(1) by striking ‘‘The Under’’ and inserting the following: 

‘‘(A) IN GENERAL.—The Under’’; and 

(2) in the last sentence— 

(A) by striking ‘‘The office may also’’ and inserting the 

following: 

‘‘(B) PARTNERSHIPS AND ACCESS.—The office may’’; 

(B) by inserting ‘‘and the Department of Veterans Affairs’’ after ‘‘Administration’’; and 

(C) by adding at the end the following new sentence: 

‘‘Service and State-based programs may provide access to 

curriculum, training, and support for services to members 

and families from all components.’’. 

(b) CENTER FOR EXCELLENCE IN REINTEGRATION.—Subsection 

(d)(2) of such section is amended by adding at the end the following 

new sentence: ‘‘The Center shall develop and implement a process 

for evaluating the effectiveness of the Yellow Ribbon Reintegration 

Program in supporting the health and well-being of members of the 

Armed Forces and their families throughout the deployment cycle 

described in subsection (g).’’. 

(c) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.—Subsection (f)(3) 

of such section is amended by inserting ‘‘and community-based organizations’’ after ‘‘service providers’’. 


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(d) OPERATION OF PROGRAM DURING DEPLOYMENT AND POST-DEPLOYMENT-RECONSTITUTION PHASES.—Subsection (g) of such section 

is amended— 

(1) in paragraph (3), by inserting ‘‘and to decrease the isolation of families during deployment’’ after ‘‘combat zone’’; and 

(2) in paragraph (5)(A), by inserting ‘‘, providing information 

on employment opportunities,’’ after ‘‘communities’’. 

(e) ADDITIONAL OUTREACH SERVICE.—Subsection (h) of such section, as amended by section 595(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2338), is amended by adding at the end the following new paragraph: 

‘‘(15) Resiliency training to promote comprehensive programs 

for members of the Armed Forces to build mental and emotional resiliency for successfully meeting the demands of the 

deployment cycle.’’. 

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

Section 675 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 119 Stat. 2273; 10 

U.S.C. 1781 note) is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘not more than’’ and inserting ‘‘not less 

than’’; and 

(B) by striking ‘‘Up to’’ and inserting ‘‘At least’’; and 

(2) in subsection (h), by striking ‘‘at the end of the three-year 

period beginning on the date on which funds are first obligated 

for the program’’ and inserting ‘‘on December 31, 2012’’. 

SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall carry out 

a review of all education programs of the Department of Defense 

and Department of Veterans Affairs designed to support spouses of 

members of the Armed Forces. 

(b) ELEMENTS OF REVIEW.—At a minimum, the review shall 

evaluate the following: 

(1) All education programs of the Department of Defense and 

Department of Veterans Affairs that are in place to advance 

educational opportunities for military spouses. 

(2) The efficacy and effectiveness of such education programs. 

(3) The extent to which the availability of educational opportunities for military spouses influences the decisions of members to remain in the Armed Forces. 

(4) A comparison of the costs associated with providing military spouse education opportunities as an incentive to retain 

members rather than recruiting or training new members. 

(c) SUBMISSION OF RESULTS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report containing— 

(1) the results of the review; and 

(2) such recommendations as the Secretary considers necessary for improving military spouse education programs. 


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(d) CONSULTATION.—In conducting the review and preparing the 

report, the Secretary of Defense shall consult with the Secretary of 

Veterans Affairs regarding education programs of Department of 

Veterans Affairs assisting spouses of members of the Armed 

Forces. 

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

NEEDS. 

(a) REPORT REQUIRED.—Not later than September 30, 2011, the 

Secretary of the Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report describing the needs of military families with children with special 

education needs and evaluating options to enhance the benefits 

available to such families and children under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.) in meeting such 

needs. 

(b) CONSULTATION.—The Secretary of Defense shall prepare the 

report in consultation with the Secretary of Education. 

(c) ELEMENTS.—In preparing the report, the Secretary of Defense 

shall— 

(1) identify and assess obstacles faced by military families 

with children with special education needs in obtaining a free 

appropriate public education to address such needs; 

(2) identify and assess evidence-based research and best 

practices for providing special education and related services 

(as those terms are defined in section 602 of the Individuals 

with Disabilities Education Act (20 U.S.C. 1401)) for military 

children with special education needs; 

(3) assess timeliness in obtaining special education and related services described in paragraph (2); 

(4) determine and document the cost associated with obtaining special education and related services described in paragraph (2); 

(5) assess the feasibility of establishing an individualized 

education program for military children with special education 

needs that is applicable across jurisdictions of local educational 

agencies in order to achieve reciprocity among States in acknowledging such programs; 

(6) identify means of improving oversight and compliance 

with the requirements of section 614 of the Individuals with 

Disabilities Education Act (20 U.S.C. 1414) relating to a local 

educational agency supporting an existing individualized education program for a child with special education needs who is 

relocating to another State pursuant to the permanent change 

of station of a military parent until an individualized education 

program is developed and approved for such child in the State 

to which the child relocates; 

(7) assess the feasibility of establishing an expedited process 

for resolution of complaints by military parents with a child 

with special education needs about lack of access to education 

and related services otherwise specified in the individualized 

education program of the child; 

(8) assess the feasibility of permitting the Department of Defense to contact the State to which a military family with a 


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child with special education needs will relocate pursuant to a 

permanent change of station when the orders for such change 

of station are issued, but before the family takes residence in 

such State, for the purpose of commencing preparation for education and related services specified in the individualized education program of the child; 

(9) assess the feasibility of establishing a system within the 

Department of Defense to document complaints by military 

parents regarding access to free and appropriate public education for their children with special education needs; 

(10) identify means to strengthen the monitoring and oversight of special education and related services for military children with special education needs under the Interstate Compact on Educational Opportunities for Military Children; and 

(11) consider such other matters as the Secretary of Defense 

and the Secretary of Education jointly consider appropriate. 

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

THE ARMED FORCES. 

(a) REPORTS REQUIRED.—Not later than six months after the 

date of the enactment of this Act, and every two years thereafter, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on Department of Defense child development centers and financial 

assistance for child care provided by the Department of Defense offinstallation to members of the Armed Forces. 

(b) ELEMENTS.—Each report required by subsection (a) shall include the following, current as of the date of such report: 

(1) The number of child development centers currently located on military installations. 

(2) The number of dependents of members of the Armed 

Forces utilizing such child development centers. 

(3) The number of dependents of members of the Armed 

Forces that are unable to utilize such child development centers due to capacity limitations. 

(4) The types of financial assistance available for child care 

provided by the Department of Defense off-installation to members of the Armed Forces (including eligible members of the reserve components). 

(5) The extent to which members of the Armed Forces are 

utilizing such financial assistance for child care off-installation. 

(6) The methods by which the Department of Defense 

reaches out to eligible military families to increase awareness 

of the availability of such financial assistance. 

(7) The formulas used to calculate the amount of such financial assistance provided to members of the Armed Forces. 

(8) The funding available for such financial assistance in the 

Department of Defense and in the military departments. 

(9) The barriers to access, if any, to such financial assistance 

faced by members of the Armed Forces, including whether 

standards and criteria of the Department of Defense for child 

care off-installation may affect access to child care. 

(10) Any other matters the Secretary considers appropriate 

in connection with such report, including with respect to the 


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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: 

‘‘§ 2601a. Direct acceptance of gifts by members of the armed 

forces and Department of Defense and Coast 

Guard employees and their families 

‘‘(a) REGULATIONS GOVERNING ACCEPTANCE OF GIFTS.—(1) The 

Secretary of Defense (and the Secretary of Homeland Security in 

the case of the Coast Guard) shall issue regulations to provide that, 

subject to such limitations as may be specified in such regulations, 

the following individuals may accept gifts from nonprofit organizations, private parties, and other sources outside the Department of 

Defense or the Department of Homeland Security: 

‘‘(A) A member of the armed forces described in subsection 

(b). 

‘‘(B) A civilian employee of the Department of Defense or 

Coast Guard described in subsection (c). 

‘‘(C) The family members of such a member or employee. 

‘‘(D) Survivors of such a member or employee who is killed. 

‘‘(2) The regulations required by this subsection shall— 

‘‘(A) apply uniformly to all elements of the Department of 

Defense and, to the maximum extent feasible, to the Coast 

Guard; and 

‘‘(B) require review and approval by a designated agency ethics official before acceptance of a gift to ensure that acceptance 

of the gift complies with the Joint Ethics Regulation. 

‘‘(b) COVERED MEMBERS.—This section applies to a member of the 

armed forces who, while performing active duty, full-time National 

Guard duty, or inactive-duty training on or after September 11, 

2001, incurred an injury or illness— 

‘‘(1) as described in section 1413a(e)(2) of this title; or 

‘‘(2) under other circumstances determined by the Secretary 

concerned to warrant treatment analogous to members covered 

by paragraph (1). 

‘‘(c) COVERED EMPLOYEES.—This section applies to a civilian employee of the Department of Defense or Coast Guard who, while an 

employee on or after September 11, 2001, incurred an injury or illness under a circumstance described in paragraph (1) or (2) of subsection (c). 

‘‘(d) GIFTS FROM CERTAIN SOURCES PROHIBITED.—The regulations issued under subsection (a) may not authorize the acceptance 

of a gift from a foreign government or international organization or 

their agents.’’. 


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(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: 

‘‘§ 9314a. United States Air Force Institute of Technology: 

admission of defense industry civilians 

‘‘(a) ADMISSION AUTHORIZED.—(1) The Secretary of the Air Force 

may permit defense industry employees described in subsection (b) 

to receive instruction at the United States Air Force Institute of 

Technology in accordance with this section. Any such defense industry employee may be enrolled in, and may be provided instruction in, a program leading to a graduate degree in a defense focused curriculum related to aeronautics and astronautics, electrical 

and computer engineering, engineering physics, mathematics and 

statistics, operational sciences, or systems and engineering management. 

‘‘(2) No more than 125 defense industry employees may be enrolled at the United States Air Force Institute of Technology at any 

one time under the authority of paragraph (1). 

‘‘(3) Upon successful completion of the course of instruction at the 

United States Air Force Institute of Technology in which a defense 

industry employee is enrolled, the defense industry employee may 

be awarded an appropriate degree under section 9314 of this title. 

‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.—For purposes of 

this section, an eligible defense industry employee is an individual 

employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related 

systems, products, or services. A defense industry employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long at that 

person remains employed by the same firm. 

‘‘(c) ANNUAL DETERMINATION BY THE SECRETARY OF THE AIR

FORCE.—Defense industry employees may receive instruction at the 

United States Air Force Institute of Technology during any academic year only if, before the start of that academic year, the Secretary of the Air Force, or the designee of the Secretary, determines that providing instruction to defense industry employees 

under this section during that year— 

‘‘(1) will further the military mission of the United States Air 

Force Institute of Technology; and 


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‘‘(2) will be done on a space-available basis and not require 

an increase in the size of the faculty of the school, an increase 

in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school. 

‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of the Air Force 

shall ensure that— 

‘‘(1) the curriculum in which defense industry employees may 

be enrolled under this section is not readily available through 

other schools and concentrates on the areas of focus specified 

in subsection (a)(1) that are conducted by military organizations and defense contractors working in close cooperation; and 

‘‘(2) the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the 

needs of the Department of Defense. 

‘‘(e) TUITION.—(1) The United States Air Force Institute of Technology shall charge tuition for students enrolled under this section 

at a rate not less than the rate charged for employees of the United 

States outside the Department of the Air Force. 

‘‘(2) Amounts received by the United States Air Force Institute 

of Technology for instruction of students enrolled under this section 

shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school. 

‘‘(f) STANDARDS OF CONDUCT.—While receiving instruction at the 

United States Air Force Institute of Technology, defense industry 

employees enrolled under this section, to the extent practicable, are 

subject to the same regulations governing academic performance, 

attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the school.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9314 the following new item: 

‘‘9314a. United States Air Force Institute of Technology: admission of defense industry civilians.’’. 

SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE 

CORPS. 

Paragraph (5) of section 3068 of title 10, United States Code, is 

amended— 

(1) in subparagraph (A), by striking ‘‘Pharmacy, Supply, and 

Administration’’ and inserting ‘‘Administrative Health Services’’; 

(2) in subparagraph (C), by striking ‘‘Sanitary Engineering’’ 

and inserting ‘‘Preventive Medicine Sciences’’; and 

(3) in subparagraph (D), by striking ‘‘Optometry’’ and inserting ‘‘Clinical Health Sciences’’. 

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

Section 2193b(g) of title 10, United States Code, is amended by 

striking ‘‘90 days after the end of each fiscal year’’ and inserting 

‘‘March 31 of each year’’. 


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

Section 596(e)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

4478) is amended by striking ‘‘12 months’’ and inserting ‘‘18 

months’’. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

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

under another program. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for health 

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Extension of authority to provide travel and transportation allowances for 

inactive duty training outside of normal commuting distances. 

Sec. 622. Travel and transportation allowances for attendance at Yellow Ribbon Reintegration events. 

Subtitle D—Disability, Retired Pay and Survivor Benefits 

Sec. 631. Elimination of cap on retired pay multiplier for members with greater 

than 30 years of service who retire for disability. 

Sec. 632. Payment date for retired and retainer pay. 

Sec. 633. Clarification of effect of ordering reserve component member to active 

duty to receive authorized medical care on reducing eligibility age for 

receipt of non-regular service retired pay. 

Sec. 634. Conformity of special compensation for members with injuries or illnesses 

requiring assistance in everyday living with monthly personal caregiver 

stipend under Department of Veterans Affairs program of comprehensive assistance for family caregivers. 

Sec. 635. Sense of Congress concerning age and service requirements for retired 

pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 641. Addition of definition of morale, welfare, and recreation telephone services for use in contracts to provide such services for military personnel 

serving in combat zones. 

Sec. 642. Feasibility study on establishment of full exchange store in the Northern 

Mariana Islands. 

Sec. 643. Continuation of commissary and exchange operations at Brunswick Naval 

Air Station, Maine. 

Subtitle F—Other Matters 

Sec. 651. Report on basic allowance for housing for personnel assigned to sea duty. 

Sec. 652. Report on savings from enhanced management of special pay for aviation 

career officers extending period of active duty. 


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Subtitle A—Pay and Allowances 

SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES 

FOR RESERVIST INCOME REPLACEMENT PAYMENTS ON 

ACCOUNT OF AVAILABILITY OF COMPARABLE BENEFITS 

UNDER ANOTHER PROGRAM. 

(a) INELIGIBILITY FOR PAYMENTS.—Section 910(b) of title 37, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(3) A civilian employee of the Federal Government who is also 

a member of a reserve component is not entitled to a payment 

under this section for any period for which the employee is entitled 

to— 

‘‘(A) a differential payment under section 5538 of title 5; or 

‘‘(B) a comparable benefit under an administratively established program for civilian employees absent from a position of 

employment with the Federal Government in order to perform 

active duty in the uniformed services.’’. 

(b) EFFECTIVE DATE.—Subsection (b)(3) of section 910 of title 37, 

United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or 

after the date of the enactment of this Act. 

Subtitle B—Bonuses and Special and Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2011’’: 

(1) Section 308b(g), relating to Selected Reserve reenlistment 

bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation or 

enlistment bonus. 

(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2010’’ 

and inserting ‘‘December 31, 2011’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 


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(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2010’’ 

and inserting ‘‘December 31, 2011’’: 

(1) Section 302c–1(f), relating to accession and retention bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental 

officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy 

officers. 

(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. 

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

The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2011’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified 

officers extending period of active service. 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES. 

The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2011’’: 

(1) Section 331(h), relating to general bonus authority for enlisted members. 

(2) Section 332(g), relating to general bonus authority for officers. 

(3) Section 333(i), relating to special bonus and incentive pay 

authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive pay 

and bonus authorities for officers. 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 351(h), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special duty 

pay. 

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 


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(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. 

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

The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2011’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 324(g), relating to accession bonus for new officers in critical skills. 

(6) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 

(7) Section 327(h), relating to incentive bonus for transfer between armed forces. 

(8) Section 330(f), relating to accession bonus for officer candidates. 

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

The following sections of title 10, United States Code, are amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2011’’: 

(1) Section 1030(i), relating to health professions referral 

bonus. 

(2) Section 3252(h), relating to Army referral bonus. 

Subtitle C—Travel and Transportation Allowances 

SEC. 621. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND 

TRANSPORTATION ALLOWANCES FOR INACTIVE DUTY 

TRAINING OUTSIDE OF NORMAL COMMUTING DISTANCES. 

Section 408a(e) of title 37, United States Code, is amended by 

striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 2011’’. 

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

(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by inserting after section 411k the following new 

section: 

‘‘§ 411l. Travel and transportation allowances: attendance of 

members and other persons at Yellow Ribbon Reintegration Program events 

‘‘(a) ALLOWANCES AUTHORIZED.—(1) Under uniform regulations 

prescribed by the Secretaries concerned, a member of the uniformed services authorized to attend a Yellow Ribbon Reintegration 

Program event may be provided travel and transportation allowances in order that the member may attend a Yellow Ribbon Reintegration Program event. 


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‘‘(2) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation allowances may be provided for 

a person designated pursuant to subsection (b) in order for the person to accompany a member in attending a Yellow Ribbon Reintegration Program event if the Secretary concerned determines 

that the presence of the person at the event may contribute to the 

purposes of the event for the member. 

‘‘(b) DESIGNATION OF PERSONS ELIGIBLE FOR ALLOWANCE.—A 

member of the uniformed services who is eligible to attend a Yellow 

Ribbon Reintegration Program event may designate one or more 

persons, including another member of the uniformed services, for 

purposes of receiving travel and transportation allowances described in subsection (c) to attend a Yellow Ribbon Reintegration 

Program event. The designation of a person for purposes of this 

section shall be made in writing and may be changed at any time. 

‘‘(c) AUTHORIZED TRAVEL AND TRANSPORTATION.—(1) The transportation authorized by subsection (a) is round-trip transportation 

between the home or place of business of the authorized person and 

the location of the Yellow Ribbon Reintegration Program event. 

‘‘(2) In addition to transportation under paragraph (1), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established under section 404(d) of this title. 

‘‘(3) The transportation authorized by paragraph (1) may be provided by any of the following means: 

‘‘(A) Transportation in-kind. 

‘‘(B) A monetary allowance in place of transportation in-kind 

at a rate to be prescribed by the Secretaries concerned. 

‘‘(C) Reimbursement for the commercial cost of transportation. 

‘‘(4) An allowance payable under this subsection may be paid in 

advance. 

‘‘(5) Reimbursement payable under this subsection may not exceed the cost of Government-procured commercial round-trip air 

travel. 

‘‘(d) YELLOW RIBBON REINTEGRATION PROGRAM EVENT DEFINED.—In this section, the term ‘Yellow Ribbon Reintegration Program event’ means an event authorized under section 582 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 10 U.S.C. 10101 note).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

related to section 411k the following new item: 

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

(b) APPLICABILITY.—No reimbursement may be provided under 

section 411l of title 37, United States Code, as added by subsection 

(a), for travel and transportation costs incurred before September 

30, 2010. 


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Subtitle D—Disability, Retired Pay and Survivor Benefits 

SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR 

MEMBERS WITH GREATER THAN 30 YEARS OF SERVICE 

WHO RETIRE FOR DISABILITY. 

(a) COMPUTATION OF RETIRED PAY.—The table in section 1401(a) 

of title 10, United States Code, is amended— 

(1) in the column designated ‘‘Column 2’’, by inserting ‘‘, not 

to exceed 75%,’’ after ‘‘percentage of disability’’ both places it 

appears; and 

(2) by striking column 4. 

(b) RECOMPUTATION OF RETIRED OR RETAINER PAY TO REFLECT

LATER ACTIVE DUTY OF MEMBERS WHO FIRST BECAME MEMBERS

BEFORE SEPTEMBER 8, 1980.—The table in section 1402(d) of such 

title is amended— 

(1) in the column designated ‘‘Column 2’’, by inserting ‘‘, not 

to exceed 75%,’’ after ‘‘percentage of disability’’; and 

(2) by striking column 4. 

(c) RECOMPUTATION OF RETIRED OR RETAINER PAY TO REFLECT

LATER ACTIVE DUTY OF MEMBERS WHO FIRST BECAME MEMBERS

AFTER SEPTEMBER 7, 1980.—The table in section 1402a(d) of such 

title is amended— 

(1) in the column designated ‘‘Column 2’’, by inserting ‘‘, not 

to exceed 75 percent,’’ after ‘‘percentage of disability’’; and 

(2) by striking column 4. 

(d) APPLICATION OF AMENDMENTS.—The tables in sections 

1401(a), 1402(d), and 1402a(d) of title 10, United States Code, as 

in effect on the day before the date of the enactment of this Act, 

shall continue to apply to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A of such title on or before the 

date of the enactment of this Act. The amendments made by this 

section shall apply only with respect to persons who first become 

entitled to retired or retainer pay under such subtitle after that 

date. 

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

(a) SETTING PAYMENT DATE.—Section 1412 of title 10, United 

States Code, is amended— 

(1) by striking ‘‘Amounts’’ and inserting ‘‘(a) ROUNDING.— 

Amounts’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) PAYMENT DATE.—Amounts of retired pay and retainer pay 

due a retired member of the uniformed services shall be paid on 

the first day of each month beginning after the month in which the 

right to such pay accrues.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 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.’’. 


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(c) EFFECTIVE DATE.—Subsection (b) of section 1412 of title 10, 

United States Code, as added by subsection (a), shall apply beginning with the first month that begins more than 30 days after the 

date of the enactment of this Act. 

SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT MEMBER TO ACTIVE DUTY TO RECEIVE AUTHORIZED MEDICAL CARE ON REDUCING ELIGIBILITY AGE FOR 

RECEIPT OF NON-REGULAR SERVICE RETIRED PAY. 

Section 12731(f)(2)(B) of title 10, United States Code, is amended 

by adding at the end the following new clause: 

‘‘(iii) If a member described in subparagraph (A) is wounded or 

otherwise injured or becomes ill while serving on active duty pursuant to a call or order to active duty under a provision of law referred to in the first sentence of clause (i) or in clause (ii), and the 

member is then ordered to active duty under section 12301(h)(1) of 

this title to receive medical care for the wound, injury, or illness, 

each day of active duty under that order for medical care shall be 

treated as a continuation of the original call or order to active duty 

for purposes of reducing the eligibility age of the member under 

this paragraph.’’. 

SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS 

WITH INJURIES OR ILLNESSES REQUIRING ASSISTANCE 

IN EVERYDAY LIVING WITH MONTHLY PERSONAL CAREGIVER STIPEND UNDER DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF COMPREHENSIVE ASSISTANCE FOR 

FAMILY CAREGIVERS. 

Subsection (c) of section 439 of title 37, United States Code, is 

amended to read as follows: 

‘‘(c) AMOUNT.—The amount of monthly special compensation payable to a member under subsection (a) shall be the amount as follows: 

‘‘(1) The monthly amount of aid and attendance payable 

under section 1114(r)(2) of title 38. 

‘‘(2) Upon the establishment by the Secretary of Veterans Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of 

title 38 of the schedule of monthly personal caregiver stipends 

under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph (A)(ii)(V) of such section, the monthly personal caregiver 

stipend payable with respect to similarly circumstanced veterans under such schedule, rather than the amount specified 

in paragraph (1).’’. 

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

SERVICE. 

It is the sense of Congress that— 

(1) the amendments made to section 12731 of title 10, United 

States Code, by section 647 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

160) were intended to reduce the minimum age at which members of a reserve component of the Armed Forces would begin 

receiving retired pay according to time spent deployed, by 

three months for every 90-day period spent on active duty over 

the course of a career, rather than limiting qualifying time to 


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such periods wholly served within the same fiscal year, as interpreted by the Department of Defense; and 

(2) steps should be taken by the Department of Defense to 

implement the congressional intent outlined in paragraph (1). 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits and Operations 

SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND 

RECREATION TELEPHONE SERVICES FOR USE IN CONTRACTS TO PROVIDE SUCH SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES. 

Section 885 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 265; 10 U.S.C. 2304 

note) is amended by adding at the end the following new subsection: 

‘‘(c) MORALE, WELFARE, AND RECREATION TELEPHONE SERVICES

DEFINED.—In this section, the term ‘morale, welfare, and recreation telephone services’ means unofficial telephone calling center 

services supporting calling centers provided by the Army and Air 

Force Exchange Service, Navy Exchange Service Command, Marine 

Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the jurisdiction of the Armed 

Forces which is conducted for the comfort, pleasure, contentment, 

or physical or mental improvement of members of the Armed 

Forces.’’. 

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

Not later than 180 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to Congress a report 

containing the results of a study to determine the feasibility of replacing the ‘‘Shoppette’’ of the Army and Air Force Exchange Service in the Northern Mariana Islands with a full-service exchange 

store. 

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

(a) CONTINUATION OF OPERATIONS.—The Secretary of Defense 

shall provide for the continuation of commissary and exchange operations at Brunswick Naval Air Station, Maine, until the later of 

the following: 

(1) The closure of Brunswick Naval Air Station. 

(2) The end of the 60-day period beginning on the date on 

which the Secretary of Defense makes the determination under 

subsection (b). 

(b) REVIEW AND DETERMINATION.—Not earlier than 120 days 

after the date of the enactment of this Act, the Secretary of Defense shall— 

(1) review any report prepared by the Comptroller General 

of the United States relating to commissary and exchange operations at Brunswick Naval Air Station, Maine; and 

(2) based on such review, make a determination regarding 

whether such operations should be continued. 


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Subtitle F—Other Matters 

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

(a) REPORT REQUIRED.—Not later than July 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report containing the following: 

(1) A review of the standards used to determine the monthly 

rates of basic allowance for housing for personnel assigned to 

sea duty (under section 403 of title 37, United States Code). 

(2) A review of the legislative framework and policies applicable to eligibility and levels of compensation for single and 

married personnel, with and without dependents, who are assigned to sea duty. 

(3) Any recommendation for modifications of title 37, United 

States Code, relating to basic allowance for housing for personnel who are assigned to sea duty that the Secretary considers appropriate, including an estimate of the cost of each 

modification. 

(b) ELEMENTS OF REVIEWS.—In conducting the reviews for purposes of subsection (a), the Secretary shall consider whether existing law, policies, and housing standards are suitable in terms of 

the following: 

(1) The cost and availability of housing ashore for personnel 

assigned to sea duty. 

(2) The pay and allowances (other than basic allowance for 

housing) payable to personnel who are assigned to sea duty, including basic pay, career sea pay, and the family separation allowance. 

(3) The comparability in levels of compensation for single 

and married personnel, with and without dependents, who are 

assigned to sea duty. 

(4) The provision of appropriate quality of life and retention 

incentives for members in all grades who are assigned to sea 

duty. 

(5) The provision of appropriate recognition and motivation 

for promotion to higher military grades of personnel who are 

assigned to sea duty. 

(6) Budgetary constraints and rising personnel costs. 

SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF 

SPECIAL PAY FOR AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY. 

(a) REPORT REQUIRED.—Not later than August 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report regarding the use and management of the special pay 

programs authorized in section 301b of title 37, United States 

Code, for aviation career officers extending a period of active duty. 

(b) ELEMENTS OF REPORT.—The report required by subsection (a) 

shall include the following: 

(1) A review of the programs operated by the Secretaries of 

the military departments, including— 

(A) directives and guidelines issued by the Secretary of 

Defense; 

(B) the number of aviation officers receiving the special 

pay, listed by weapon system; 


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(C) the weapon systems for which special pay is not authorized and the number of aviation officers affected by 

such exclusion; 

(D) the policy and structure of the programs and the retention philosophy supporting the policy and structure of 

the programs; 

(E) the amounts paid to individual aviation officers, annually and over the course of a career; and 

(F) the amounts budgeted annually for such programs. 

(2) An accounting of aviation officers receiving the special 

pay who have an active duty service commitment and the totals of aviation officers and allocated funding by types of active 

duty service commitment. 

(3) A review of retention trends for aviation officers, generally and by weapon system, within the military departments 

and an assessment of the factors that influence retention 

trends, and the reliability and durability of those trends if such 

factors are altered. 

(4) An assessment of the funds that can be saved by restructuring or eliminating such programs to reduce payments to 

aviation officers associated with those weapon systems with 

strong retention trends and aviation officers with active duty 

service commitments. 

(5) A review of the demand for former military aviation officers to fulfill commercial airline hiring requirements, recent 

data regarding airline hiring of former military aviation officers, and an assessment of the methods used by airlines to 

qualify pilot candidates for employment as commercial pilots. 

(6) Any recommendations for modifications of title 37, United 

States Code, relating to special pay for aviation career officers 

extending a period of active duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Extension of prohibition on increases in certain health care costs. 

Sec. 702. Extension of dependent coverage under the TRICARE program. 

Sec. 703. Survivor dental benefits. 

Sec. 704. Aural screenings for members of the Armed Forces. 

Sec. 705. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

Sec. 712. Postdeployment health reassessments for purposes of the medical tracking system for members of the Armed Forces deployed overseas. 

Sec. 713. Clarification of licensure requirements applicable to military health-care 

professionals who are members of the National Guard performing certain duty while in State status. 

Sec. 714. Improvements to oversight of medical training for Medical Corps officers. 

Sec. 715. Health information technology. 

Sec. 716. Education and training on use of pharmaceuticals in rehabilitation programs for wounded warriors. 

Subtitle C—Other Matters 

Sec. 721. Repeal of report requirement on separations resulting from refusal to participate in anthrax vaccine immunization program. 

Sec. 722. Comprehensive policy on consistent neurological cognitive assessments of 

members of the Armed Forces before and after deployment. 


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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: 

‘‘§ 1110b. TRICARE program: extension of dependent coverage 

‘‘(a) IN GENERAL.—In accordance with subsection (c), an individual described in subsection (b) shall be deemed to be a dependent (as described in section 1072(2)(D) of this title) for purposes of 

coverage under the TRICARE program. 

‘‘(b) INDIVIDUAL DESCRIBED.—An individual described in this subsection is an individual who— 

‘‘(1) would be a dependent under section 1072(2) of this title 

but for exceeding an age limit under such section; 

‘‘(2) has not attained the age of 26; 

‘‘(3) is not eligible to enroll in an eligible employer-sponsored 

plan (as defined in section 5000A(f)(2) of the Internal Revenue 

Code of 1986); 

‘‘(4) is not otherwise a dependent of a member or a former 

member under any subparagraph of section 1072(2) of this 

title; and 

‘‘(5) meets other criteria specified in regulations prescribed 

by the Secretary, similar to regulations prescribed by the Secretary of Health and Human Services under section 2714(b) of 

the Public Health Service Act. 

‘‘(c) PREMIUM.—(1) The Secretary shall prescribe by regulation a 

premium (or premiums) for coverage under the TRICARE program 

provided pursuant to this section to an individual described in subsection (b). 

‘‘(2) The monthly amount of the premium in effect for a month 

for coverage under the TRICARE program pursuant to this section 

shall be the amount equal to the cost of such coverage that the Secretary determines on an appropriate actuarial basis. 

‘‘(3) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. 

‘‘(4) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

with sums in such Account that are available for the fiscal year in 


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which collected, and shall be available under subsection (b) of such 

section for such fiscal year.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 1110a the following new item: 

‘‘1110b. TRICARE program: extension of dependent coverage.’’. 

(b) EFFECTIVE DATE AND REGULATIONS.—The amendments made 

by this section shall take effect on January 1, 2011. The Secretary 

of Defense shall prescribe an interim final rule with respect to such 

amendments, effective not later than January 1, 2011. 

SEC. 703. SURVIVOR DENTAL BENEFITS. 

Paragraph (2) of section 1076a(k) of title 10, United States Code, 

is amended to read as follows: 

‘‘(2) Such term includes any such dependent of a member who 

dies— 

‘‘(A) while on active duty for a period of more than 30 days; 

or 

‘‘(B) while such member is a member of the Ready Reserve.’’. 

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

(a) TINNITUS SCREENING.— (1) STUDY REQUIRED.—Not later than September 30, 2011, 

the Secretary of Defense shall conduct a study to identify the 

best tests currently available to screen members of the Armed 

Forces for tinnitus. 

(2) PLAN.—Not later than December 31, 2011, the Secretary 

shall develop a plan to ensure that all members of the Armed 

Forces are screened for tinnitus prior to and after a deployment to a combat zone. 

(3) REPORT.—Not later than December 31, 2011, the Secretary shall submit to the congressional defense committees a 

report containing the results of the study under paragraph (1) 

and the plan under paragraph (2). 

(b) IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED

FORCES.— 

(1) IN GENERAL.—In accordance with section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4506), the Secretary of 

Defense shall examine methods to improve the aural protection 

for members of the Armed Forces in combat. 

(2) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the methods to improve aural protection examined under subsection (a). 

(c) CENTER OF EXCELLENCE.—The Secretary shall ensure that all 

studies, findings, plans, and reports conducted or submitted under 

this section are transmitted to the center of excellence established 

by section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4506). 

SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 

UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM. 

During the period beginning on October 1, 2010, and ending on 

September 30, 2011, the cost sharing requirements established 


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under paragraph (6) of section 1074g(a) of title 10, United States 

Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not exceed amounts as follows: 

(1) In the case of generic agents, $3. 

(2) In the case of formulary agents, $9. 

(3) In the case of nonformulary agents, $22. 

Subtitle B—Health Care Administration 

SEC. 711. ADMINISTRATION OF TRICARE. 

Subsection (a) of section 1073 of title 10, United States Code, is 

amended— 

(1) by striking ‘‘Except’’ and inserting ‘‘(1) Except’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Except as otherwise provided in this chapter, the Secretary 

of Defense shall have responsibility for administering the 

TRICARE program and making any decision affecting such program.’’. 

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

(a) REQUIREMENT FOR POSTDEPLOYMENT HEALTH REASSESS- MENTS.—Paragraph (1) of subsection (b) of section 1074f of title 10, 

United States Code, is amended to read as follows: 

‘‘(1)(A) The system described in subsection (a) shall include the 

use of predeployment medical examinations and postdeployment 

medical examinations (including the assessment of mental health 

and the drawing of blood samples) and postdeployment health reassessments to— 

‘‘(i) accurately record the health status of members before 

their deployment; 

‘‘(ii) accurately record any changes in their health status during the course of their deployment; and 

‘‘(iii) identify health concerns, including mental health concerns, that may become manifest several months following 

their deployment. 

‘‘(B) The postdeployment medical examination shall be conducted 

when the member is redeployed or otherwise leaves an area in 

which the system is in operation (or as soon as possible thereafter). 

‘‘(C) The postdeployment health reassessment shall be conducted 

at an appropriate time during the period beginning 90 days after 

the member is redeployed and ending 180 days after the member 

is redeployed.’’. 

(b) INCORPORATION IN REASSESSMENTS OF ELEMENTS OF

PREDEPLOYMENT AND POSTDEPLOYMENT MEDICAL EXAMINATIONS.— Paragraph (2) of such subsection is amended by striking ‘‘and 

postdeployment medical examination’’ and inserting ‘‘medical examination, postdeployment medical examination, and 

postdeployment health reassessment’’. 

(c) RECORDKEEPING.—Subsection (c) of such section is amended— 

(1) by inserting ‘‘and reassessments’’ after ‘‘medical examinations’’; and 

(2) by inserting ‘‘and the prescription and administration of 

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(d) QUALITY ASSURANCE.—Subsection (d) of such section is 

amended— 

(1) in paragraph (1), by striking ‘‘and postdeployment medical examinations’’ and inserting ‘‘, postdeployment medical examinations, and postdeployment health reassessments’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A), by inserting ‘‘and reassessments’’ after ‘‘postdeployment health assessments’’; and 

(B) in subparagraph (B), by inserting ‘‘and reassessments’’ after ‘‘such assessments’’. 

SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO MILITARY HEALTH-CARE PROFESSIONALS WHO 

ARE MEMBERS OF THE NATIONAL GUARD PERFORMING 

CERTAIN DUTY WHILE IN STATE STATUS. 

Section 1094(d) of title 10, United States Code, is amended— 

(1) in paragraph (1), by inserting ‘‘or (3)’’ after ‘‘paragraph 

(2)’’; 

(2) in paragraph (2), by inserting ‘‘as being described in this 

paragraph’’ after ‘‘paragraph (1)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) A health-care professional referred to in paragraph (1) as 

being described in this paragraph is a member of the National 

Guard who— 

‘‘(A) has a current license to practice medicine, osteopathic 

medicine, dentistry, or another health profession; and 

‘‘(B) is performing training or duty under section 502(f) of 

title 32 in response to an actual or potential disaster.’’. 

SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR 

MEDICAL CORPS OFFICERS. 

(a) REVIEW OF TRAINING PROGRAMS FOR MEDICAL OFFICERS.— 

(1) REVIEW.—The Secretary of Defense shall conduct a review of training programs for medical officers (as defined in 

section 101(b)(14) of title 10, United States Code) to ensure 

that the academic and military performance of such officers 

has been completely documented in military personnel records. 

The programs reviewed shall include, at a minimum, the following: 

(A) Programs at the Uniformed Services University of 

the Health Sciences that award a medical doctor degree. 

(B) Selected residency programs at military medical 

treatment facilities, as determined by the Secretary, to include at least one program in each of the specialties of— 

(i) anesthesiology; 

(ii) emergency medicine; 

(iii) family medicine; 

(iv) general surgery; 

(v) neurology; 

(vi) obstetrics/gynecology; 

(vii) pathology; 

(viii) pediatrics; and 

(ix) psychiatry. 

(2) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 


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the congressional defense committees a report on the findings 

of the review under paragraph (1). 

(b) ANNUAL REPORT ON GRADUATE MEDICAL EDUCATION PROGRAMS.— 

(1) ANNUAL REPORT.—Not later than April 1, 2011, and annually thereafter through 2015, the Secretary of Defense shall 

submit to the congressional defense committees a report on the 

status of the graduate medical education programs of the Department of Defense. 

(2) ELEMENTS.—Each report under paragraph (1) shall include the following: 

(A) An identification of each graduate medical education 

program of the Department of Defense in effect during the 

previous fiscal year, including for each such program, the 

military department responsible, the location, the medical 

specialty, the period of training required, and the number 

of students by year. 

(B) The status of each program referred to in subparagraph (A), including, for each such program, an identification of the fiscal year in which the last action was taken 

with respect to each of the following: 

(i) Initial accreditation. 

(ii) Continued accreditation. 

(iii) If applicable, probation, and the reasons for probationary status. 

(iv) If applicable, withheld or withdrawn accreditation, and the reasons for such action. 

(C) A discussion of trends in the graduate medical education programs of the Department. 

(D) A discussion of challenges faced by such programs, 

and a description and assessment of strategies and plans 

to address such challenges. 

(E) Such other matters as the Secretary considers appropriate. 

SEC. 715. HEALTH INFORMATION TECHNOLOGY. 

(a) ENTERPRISE RISK ASSESSMENT METHODOLOGY STUDY.— 

(1) STUDY REQUIRED.—The Secretary of Defense shall conduct an enterprise risk assessment methodology study of all 

health information technology programs of the Department of 

Defense. 

(2) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results 

of the study required under paragraph (1). 

(b) REPORT ON HEALTH INFORMATION TECHNOLOGY ORGANIZATIONAL STRUCTURE AND FUTURE PLANS.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

on the organizational structure for health information technology within the Department of Defense. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 


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(A) Organizational charts for all organizations involved 

with health information technology showing, at a minimum, the senior positions in each office and each activity. 

(B) A description of the functions and responsibilities, to 

include policy formulation, policy and program execution, 

and program oversight, of each senior position for health 

information technology. 

(C) An assessment of how well the health information 

systems of the Department of Defense interact with the 

health information systems of— 

(i) the Department of Veterans Affairs; and 

(ii) entities other than the Federal Government. 

(D) A description of the role played by the Interagency 

Program Office established by section 1635 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 

1071 note) and whether the office is satisfactorily performing the functions required by such section, as well as 

recommendations for administrative or legislative action 

as the Secretary considers appropriate. 

(E) A complete description of all future plans for legacy 

systems and new electronic health record initiatives, including the joint virtual lifetime electronic record. 

(F) The results of the survey described in paragraph (3). 

(3) SURVEY.—The Secretary shall conduct a survey of users 

of the health information technology systems of the Department of Defense to assess the benefits and failings of such systems. 

(4) DEFINITIONS.—In this subsection: 

(A) The term ‘‘senior position’’ means a position filled by 

a member of the senior executive service, a position on the 

Executive Schedule established pursuant to title 5, United 

States Code, or a position filled by a general or flag officer. 

(B) The term ‘‘senior personnel’’ means personnel who 

are members of the senior executive service, who fill a position listed on the Executive Schedule established pursuant to title 5, United States Code, or who are general or 

flag officers. 

(c) REPORT ON GAO REPORT REQUIRED.—Not later than March 

31, 2011, the Secretary of Defense shall submit to the congressional 

defense committees a report on the report by the Comptroller General of the United States titled ‘‘Information Technology: Opportunities Exist to Improve Management of DOD’s Electronic Health 

Record Initiative’’ (GAO–11–50), including— 

(1) the status of implementing the recommendations made in 

such report; and 

(2) for each such recommendation that has not been implemented, the reason why the recommendation has not been implemented. 

SEC. 716. EDUCATION AND TRAINING ON USE OF PHARMACEUTICALS 

IN REHABILITATION PROGRAMS FOR WOUNDED WARRIORS. 

(a) EDUCATION AND TRAINING REQUIRED.—The Secretary of Defense shall develop and implement training, available through the 

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tation programs for seriously ill or injured members of the Armed 

Forces. 

(b) RECIPIENTS OF TRAINING.—The training developed and implemented under subsection (a) shall be training for each category of 

individuals as follows: 

(1) Patients in or transitioning to a wounded warrior unit, 

with special accommodation in such training for such patients 

with cognitive disabilities. 

(2) Nonmedical case managers. 

(3) Military leaders. 

(4) Family members. 

(c) ELEMENTS OF TRAINING.—The training developed and implemented under subsection (a) shall include the following: 

(1) An overview of the fundamentals of safe prescription drug 

use. 

(2) Familiarization with the benefits and risks of using pharmaceuticals in rehabilitation therapies. 

(3) Examples of the use of pharmaceuticals for individuals 

with multiple, complex injuries, including traumatic brain injury and post-traumatic stress disorder. 

(4) Familiarization with means of finding additional resources for information on pharmaceuticals. 

(5) Familiarization with basic elements of pain and pharmaceutical management. 

(6) Familiarization with complementary and alternative 

therapies. 

(d) TAILORING OF TRAINING.—The training developed and implemented under subsection (a) shall appropriately tailor the elements 

specified in subsection (c) for and among each category of individuals set forth in subsection (b). 

(e) REVIEW OF PHARMACY.— 

(1) REVIEW.—The Secretary shall review all policies and procedures of the Department of Defense regarding the use of 

pharmaceuticals in rehabilitation programs for seriously ill or 

injured members of the Armed Forces. 

(2) RECOMMENDATIONS.—Not later than September 20, 2011, 

the Secretary shall submit to the congressional defense committees any recommendations for administrative or legislative 

action with respect to the review under paragraph (1) as the 

Secretary considers appropriate. 

Subtitle C—Other Matters 

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

VACCINE IMMUNIZATION PROGRAM. 

Section 1178 of title 10, United States Code, is amended— 

(1) by striking ‘‘(a) REQUIREMENT TO ESTABLISH SYSTEM.—’’; 

and 

(2) by striking subsection (b). 

SEC. 722. COMPREHENSIVE POLICY ON CONSISTENT NEUROLOGICAL 

COGNITIVE ASSESSMENTS OF MEMBERS OF THE ARMED 

FORCES BEFORE AND AFTER DEPLOYMENT. 

(a) COMPREHENSIVE POLICY REQUIRED.—Not later than January 

31, 2011, the Secretary of Defense shall develop and implement a 


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comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment. 

(b) UPDATES.—The Secretary shall revise the policy required by 

subsection (a) on a periodic basis in accordance with experience 

and evolving best practice guidelines. 

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

MILITARY OCCUPATION. 

(a) ASSESSMENT.—The Secretaries of the military departments 

shall each conduct an assessment of post-traumatic stress disorder 

incidence by military occupation, including identification of military 

occupations with a high incidence of such disorder. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretaries shall each submit to the congressional defense committees a report on the assessment under subsection (a). 

(c) CENTERS OF EXCELLENCE.—The Secretary of Defense shall ensure that all studies, findings, plans, and reports conducted or submitted under this section are transmitted to the centers of excellence established by sections 1621 and 1622 of the Wounded Warrior Act (title XVI of Public Law 110–181). 

SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND THE 

TRICARE PROGRAM. 

Not later than June 20, 2011, the Secretary of Defense shall prescribe the regulations required by section 717 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

10 U.S.C. 1073 note). 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Disclosure to litigation support contractors. 

Sec. 802. Designation of engine development and procurement program as major 

subprogram. 

Sec. 803. Enhancement of Department of Defense authority to respond to combat 

and safety emergencies through rapid acquisition and deployment of 

urgently needed supplies. 

Sec. 804. Review of acquisition process for rapid fielding of capabilities in response 

to urgent operational needs. 

Sec. 805. Acquisition of major automated information system programs. 

Sec. 806. Requirements for information relating to supply chain risk. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Cost estimates for program baselines and contract negotiations for major 

defense acquisition and major automated information system programs. 

Sec. 812. Management of manufacturing risk in major defense acquisition programs. 

Sec. 813. Modification and extension of requirements of the Weapon System Acquisition Reform Act of 2009. 

Sec. 814. Inclusion of major subprograms to major defense acquisition programs 

under various acquisition-related requirements. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Provisions relating to fire resistant fiber for production of military uniforms. 

Sec. 822. Repeal of requirement for certain procurements from firms in the small 

arms production industrial base. 


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Sec. 823. Review of regulatory definition relating to production of specialty metals. 

Sec. 824. Guidance relating to rights in technical data. 

Sec. 825. Extension of sunset date for certain protests of task and delivery order 

contracts. 

Sec. 826. Inclusion of option amounts in limitations on authority of the Department 

of Defense to carry out certain prototype projects. 

Sec. 827. Permanent authority for Defense Acquisition Challenge Program; pilot expansion of Program. 

Sec. 828. Energy savings performance contracts. 

Sec. 829. Definition of materials critical to national security. 

Subtitle D—Contractor Matters 

Sec. 831. Oversight and accountability of contractors performing private security 

functions in areas of combat operations. 

Sec. 832. Extension of regulations on contractors performing private security functions to areas of other significant military operations. 

Sec. 833. Standards and certification for private security contractors. 

Sec. 834. Enhancements of authority of Secretary of Defense to reduce or deny 

award fees to companies found to jeopardize the health or safety of 

Government personnel. 

Sec. 835. Annual joint report and Comptroller General review on contracting in 

Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Improvements to structure and functioning of Joint Requirements Oversight Council. 

Sec. 842. Department of Defense policy on acquisition and performance of sustainable products and services. 

Sec. 843. Assessment and plan for critical rare earth materials in defense applications. 

Sec. 844. Review of national security exception to competition. 

Sec. 845. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation. 

Sec. 846. Procurement of photovoltaic devices. 

Sec. 847. Non-availability exception from Buy American requirements for procurement of hand or measuring tools. 

Sec. 848. Contractor logistics support of contingency operations. 

Subtitle F—Improve Acquisition Act 

Sec. 860. Short title. 

PART I—DEFENSE ACQUISITION SYSTEM

Sec. 861. Improvements to the management of the defense acquisition system. 

Sec. 862. Comptroller General report on Joint Capabilities Integration and Development System. 

Sec. 863. Requirements for the acquisition of services. 

Sec. 864. Review of defense acquisition guidance. 

Sec. 865. Requirement to review references to services acquisition throughout the 

Federal Acquisition Regulation and the Defense Federal Acquisition 

Regulation Supplement. 

Sec. 866. Pilot program on acquisition of military purpose nondevelopmental 

items. 

PART II—DEFENSE ACQUISITION WORKFORCE

Sec. 871. Acquisition workforce excellence. 

Sec. 872. Amendments to the acquisition workforce demonstration project. 

Sec. 873. Career development for civilian and military personnel in the acquisition 

workforce. 

Sec. 874. Recertification and training requirements. 

Sec. 875. Information technology acquisition workforce. 

Sec. 876. Definition of acquisition workforce. 

Sec. 877. Defense Acquisition University curriculum review. 

PART III—FINANCIAL MANAGEMENT

Sec. 881. Audit readiness of financial statements of the Department of Defense. 

Sec. 882. Review of obligation and expenditure thresholds. 


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Sec. 883. Disclosure and traceability of the cost of Department of Defense health 

care contracts. 

PART IV—INDUSTRIAL BASE

Sec. 891. Expansion of the industrial base. 

Sec. 892. Price trend analysis for supplies and equipment purchased by the Department of Defense. 

Sec. 893. Contractor business systems. 

Sec. 894. Review and recommendations on eliminating barriers to contracting with 

the Department of Defense. 

Sec. 895. Inclusion of the providers of services and information technology in the 

national technology and industrial base. 

Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy; Industrial Base Fund. 

Subtitle A—Acquisition Policy and Management 

SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS. 

(a) IN GENERAL.—Section 2320 of title 10, United States Code, is 

amended— 

(1) in subsection (c)(2)— 

(A) by striking ‘‘subsection (a), allowing’’ and inserting 

‘‘subsection (a)— 

‘‘(A) allowing’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) allowing a covered litigation support contractor access to and use of any technical, proprietary, or confidential data delivered under a contract for the sole purpose of 

providing litigation support to the Government in the form 

of administrative, technical, or professional services during 

or in anticipation of litigation; or’’; and 

(2) by inserting after subsection (f) the following: 

‘‘(g) In this section, the term ‘covered litigation support contractor’ means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide 

litigation support, which contractor executes a contract with the 

Government agreeing to and acknowledging— 

‘‘(1) that proprietary or nonpublic technical data furnished 

will be accessed and used only for the purposes stated in that 

contract; 

‘‘(2) that the covered litigation support contractor will take 

all reasonable steps to protect the proprietary and nonpublic 

nature of the technical data furnished to the covered litigation 

support contractor; and 

‘‘(3) that such technical data provided to the covered litigation support contractor under the authority of this section shall 

not be used by the covered litigation support contractor to compete against the third party for Government or non-Government contracts.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on the date that is 120 days after the date of the 

enactment of this Act. 

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

(a) DESIGNATION AS MAJOR SUBPROGRAM.—Not later than 30 

days after the date of the enactment of this Act, the Secretary of 


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Defense shall designate an engine development and procurement 

program as a major subprogram of the F–35 Lightning II aircraft 

major defense acquisition program, in accordance with section 

2430a of title 10, United States Code. 

(b) ORIGINAL BASELINE.—For purposes of reporting requirements 

referred to in section 2430a(b) of title 10, United States Code, for 

the major subprogram designated under subsection (a), the Secretary shall use the Milestone B decision as the original baseline 

for the subprogram. 

(c) ACTIONS FOLLOWING CRITICAL COST GROWTH.— 

(1) IN GENERAL.—Subject to paragraph (2), to the extent that 

the Secretary elects to restructure the Lightning II aircraft 

major defense acquisition program subsequent to a reassessment and actions required by subsections (a) and (c) of section 

2433a of title 10, United States Code, during fiscal year 2010, 

and also conducts such reassessment and actions with respect 

to an F–35 engine development and procurement program (including related reporting based on the original baseline as defined in subsection (c)), the requirements of section 2433a of 

such title with respect to a major subprogram designated 

under subsection (a) shall be considered to be met with respect 

to the major subprogram. 

(2) LIMITATION.—Actions taken in accordance with paragraph (1) shall be considered to meet the requirements of section 2433a of title 10, United States Code, with respect to a 

major subprogram designated under subsection (a) only to the 

extent that designation as a major subprogram would require 

the Secretary of Defense to conduct a reassessment and take 

actions pursuant to such section 2433a for such a subprogram 

upon enactment of this Act. The requirements of such section 

2433a shall not be considered to be met with respect to such 

a subprogram in the event that additional programmatic 

changes, following the date of the enactment of this Act, cause 

the program acquisition unit cost or procurement unit cost of 

such a subprogram to increase by a percentage equal to or 

greater than the critical cost growth threshold (as defined in 

section 2433(a)(5) of such title) for the subprogram. 

SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY 

TO RESPOND TO COMBAT AND SAFETY EMERGENCIES 

THROUGH RAPID ACQUISITION AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES. 

(a) REQUIREMENT TO ESTABLISH PROCEDURES.—Subsection (a) of 

section 806 of the Bob Stump National Defense Authorization Act 

for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘items’’ 

and inserting ‘‘supplies’’; and 

(2) by striking paragraph (1) and inserting the following new 

paragraph (1): 

‘‘(1)(A) currently under development by the Department of 

Defense or available from the commercial sector; or 

‘‘(B) require only minor modifications to supplies described in 

subparagraph (A); and’’. 

(b) ISSUES TO BE ADDRESSED.—Subsection (b) of such section is 

amended— 


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(1) in paragraph (1)(B), by striking ‘‘items’’ and inserting 

‘‘supplies’’; and 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘items’’ and inserting ‘‘supplies’’; 

(B) in subparagraphs (A) and (B), by striking ‘‘an item’’ 

and inserting ‘‘the supplies’’; and 

(C) in subparagraph (C), by inserting ‘‘and utilization’’ 

after ‘‘deployment’’. 

(c) RESPONSE TO COMBAT EMERGENCIES.—Subsection (c) of such 

section is amended— 

(1) by striking ‘‘equipment’’ each place it appears other than 

paragraph (5) and inserting ‘‘supplies’’; 

(2) by striking ‘‘combat capability’’ each place it appears; 

(3) by striking ‘‘that has resulted in combat fatalities’’ each 

place it appears and inserting ‘‘that has resulted in combat 

casualties, or is likely to result in combat casualties’’; 

(4) in paragraph (1), by striking ‘‘is’’ and inserting ‘‘are’’; 

(5) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘is’’ each place it appears and inserting ‘‘are’’; and 

(B) in subparagraph (B), by striking ‘‘fatalities’’ at the 

end and inserting ‘‘casualties’’; 

(6) by amending paragraph (3) to read as follows: 

‘‘(3) In any fiscal year in which the Secretary makes a determination described in paragraph (1), the Secretary may use any funds 

available to the Department of Defense for that fiscal year for acquisitions of supplies under this section if the determination includes a written finding that the use of such funds is necessary to 

address the combat capability deficiency in a timely manner. The 

authority of this section may not be used to acquire supplies in an 

amount aggregating more than $200,000,000 during any such fiscal 

year.’’; 

(7) in paragraph (4)— 

(A) by inserting ‘‘, in consultation with the Director of 

the Office of Management and Budget,’’ after ‘‘shall’’; and 

(B) by striking ‘‘Each such notice’’ and inserting ‘‘For 

each such determination, the notice under the preceding 

sentence’’; and 

(8) in paragraph (5), by striking ‘‘that equipment’’ and inserting ‘‘the supplies concerned’’. 

(d) WAIVER OF CERTAIN STATUES AND REGULATIONS.—Subsection 

(d)(1) of such section is amended by striking ‘‘equipment’’ in subparagraphs (A), (B), and (C) and inserting ‘‘supplies’’. 

(e) TESTING REQUIREMENT.—Subsection (e) of such section is 

amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘an item’’ and inserting ‘‘the supplies’’; and 

(B) in subparagraph (B), by striking ‘‘of the item’’ and all 

that follows through ‘‘requirements document’’ and inserting ‘‘of the supplies in meeting the original requirements 

for the supplies (as stated in a statement of the urgent 

operational need’’; 


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(2) in paragraph (2)— 

(A) by striking ‘‘an item’’ and inserting ‘‘supplies’’; and 

(B) by striking ‘‘the item’’ and inserting ‘‘the supplies’’; 

and 

(3) in paragraph (3), by striking ‘‘items’’ each place it appears 

and inserting ‘‘supplies’’. 

(f) LIMITATION.—Subsection (f) of such section is amended to read 

as follows: 

‘‘(f) LIMITATION.—In the case of supplies that are part of a major 

system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, United 

States Code, the quantity of such supplies acquired using the procedures prescribed pursuant to this section may not exceed an 

amount consistent with complying with limitations on the quantity 

of articles approved for low-rate initial production for such system. 

Any such supplies shall be included in any relevant calculation of 

quantities for low-rate initial production for the system concerned.’’. 

SEC. 804. REVIEW OF ACQUISITION PROCESS FOR RAPID FIELDING OF 

CAPABILITIES IN RESPONSE TO URGENT OPERATIONAL 

NEEDS. 

(a) REVIEW OF RAPID ACQUISITION PROCESS REQUIRED.— (1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall complete a review of the process for the fielding of capabilities in 

response to urgent operational needs and submit a report on 

the review to the congressional defense committees. 

(2) REVIEW AND REPORT REQUIREMENTS.—The review pursuant to this section shall include consideration of various improvements to the acquisition process for rapid fielding of capabilities in response to urgent operational needs. For each improvement, the report on the review shall discuss— 

(A) the Department’s review of the improvement; 

(B) if the improvement is being implemented by the Department, a schedule for implementing the improvement; 

and 

(C) if the improvement is not being implemented by the 

Department, an explanation of why the improvement is 

not being implemented. 

(3) IMPROVEMENTS TO BE CONSIDERED.—The improvements 

that shall be considered during the review are the following: 

(A) Providing a streamlined, expedited, and tightly integrated iterative approach to— 

(i) the identification and validation of urgent operational needs; 

(ii) the analysis of alternatives and identification of 

preferred solutions; 

(iii) the development and approval of appropriate requirements and acquisition documents; 

(iv) the identification and minimization of development, integration, and manufacturing risks; 

(v) the consideration of operation and sustainment 

costs; 

(vi) the allocation of appropriate funding; and 


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(vii) the rapid production and delivery of required 

capabilities. 

(B) Clearly defining the roles and responsibilities of the 

Office of the Secretary of Defense, the Joint Chiefs of Staff, 

the military departments, and other components of the Department of Defense for carrying out all phases of the 

process. 

(C) Designating a senior official within the Office of the 

Secretary of Defense with primary responsibility for making recommendations to the Secretary on the use of the authority provided by subsections (c) and (d) of section 806 

of the Bob Stump National Defense Authorization Act for 

Fiscal Year 2003 (10 U.S.C. 2302 note), as amended by 

section 803 of this Act, in appropriate circumstances. 

(D) Establishing a target date for the fielding of a capability pursuant to each validated urgent operational need. 

(E) Implementing a system for— 

(i) documenting key process milestones, such as 

funding, acquisition, fielding, and assessment decisions and actions; and 

(ii) tracking the cost, schedule, and performance of 

acquisitions conducted pursuant to the process. 

(F) Establishing a formal feedback mechanism for the 

commanders of the combatant commands to provide information to the Joint Chiefs of Staff and senior acquisition 

officials on how well fielded solutions are meeting urgent 

operational needs. 

(G) Establishing a dedicated source of funding for the 

rapid fielding of capabilities in response to urgent operational needs. 

(H) Issuing guidance to provide for the appropriate transition of capabilities acquired through rapid fielding into 

the traditional budget, requirements, and acquisition process for purposes of contracts for follow-on production, 

sustainment, and logistics support. 

(I) Such other improvements as the Secretary considers 

appropriate. 

(b) DISCRIMINATING URGENT OPERATIONAL NEEDS FROM TRADI- TIONAL REQUIREMENTS.— (1) EXPEDITED REVIEW PROCESS.—Not later than 270 days 

after the date of the enactment of this Act, the Secretary shall 

develop and implement an expedited review process to determine whether capabilities proposed as urgent operational 

needs are appropriate for fielding through the process for the 

rapid fielding of capabilities or should be fielded through the 

traditional acquisition process. 

(2) ELEMENTS.—The review process developed and implemented pursuant to paragraph (1) shall— 

(A) apply to the rapid fielding of capabilities in response 

to joint urgent operational need statements and to other 

urgent operational needs statements generated by the 

military departments and the combatant commands; 

(B) identify officials responsible for making determinations described in paragraph (1); 


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(C) establish appropriate time periods for making such 

determinations; 

(D) set forth standards and criteria for making such determinations based on considerations of urgency, risk, and 

life-cycle management; 

(E) establish appropriate thresholds for the applicability 

of the review process, or of elements of the review process; 

and 

(F) authorize appropriate officials to make exceptions 

from standards and criteria established under subparagraph (D) in exceptional circumstances. 

(3) COVERED CAPABILITIES.—The review process developed 

and implemented pursuant to paragraph (1) shall provide that, 

subject to such exceptions as the Secretary considers appropriate for purposes of this section, the acquisition process for 

rapid fielding of capabilities in response to urgent operational 

needs is appropriate only for capabilities that— 

(A) can be fielded within a period of two to 24 months; 

(B) do not require substantial development effort; 

(C) are based on technologies that are proven and available; and 

(D) can appropriately be acquired under fixed price contracts. 

(4) INCLUSION IN REPORT.—The Secretary shall include a description of the expedited review process implemented pursuant to paragraph (1) in the report required by subsection (a). 

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

(a) PROGRAM TO IMPROVE INFORMATION TECHNOLOGY PROCESSES.— 

(1) IN GENERAL.—Chapter 131 of title 10, United States 

Code, is amended by inserting after section 2223 the following 

new section: 

‘‘§ 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; 


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‘‘(3) a process to ensure that key program personnel have an 

appropriate level of experience, training, and education in the 

planning, acquisition, execution, management, and oversight of 

information technology systems; 

‘‘(4) a process to ensure sufficient resources and infrastructure capacity for test and evaluation of information technology 

systems; 

‘‘(5) a process to ensure that military departments and Defense Agencies adhere to established processes and requirements relating to the planning, acquisition, execution, management, and oversight of information technology programs and 

developments; and 

‘‘(6) a process under which an appropriate Department of Defense official may intervene or terminate the funding of an information technology investment if the investment is at risk of 

not achieving major project milestones.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 131 of such title is amended by inserting 

after the item relating to section 2223 the following new item: 

‘‘2223a. Information technology acquisition planning and oversight requirements.’’. 

(b) ANNUAL REPORT TO CONGRESS.—Section 2445b(b) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraphs: 

‘‘(5) For each major automated information system program 

for which such information has not been provided in a previous 

annual report— 

‘‘(A) a description of the business case analysis (if any) 

that has been prepared for the program and key functional 

requirements for the program; 

‘‘(B) a description of the analysis of alternatives conducted with regard to the program; 

‘‘(C) an assessment of the extent to which the program, 

or portions of the program, have technical requirements of 

sufficient clarity that the program, or portions of the program, may be feasibly procured under firm, fixed-price contracts; 

‘‘(D) the most recent independent cost estimate or cost 

analysis for the program provided by the Director of Cost 

Assessment and Program Evaluation in accordance with 

section 2334(a)(6) of this title; 

‘‘(E) a certification by a Department of Defense acquisition official with responsibility for the program that all 

technical and business requirements have been reviewed 

and validated to ensure alignment with the business case; 

and 

‘‘(F) an explanation of the basis for the certification described in subparagraph (E). 

‘‘(6) For each major automated information system program 

for which the information required under paragraph (5) has 

been provided in a previous annual report, a summary of any 

significant changes to the information previously provided.’’. 


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SEC. 806. REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY 

CHAIN RISK. 

(a) AUTHORITY.—Subject to subsection (b), the head of a covered 

agency may— 

(1) carry out a covered procurement action; and 

(2) limit, notwithstanding any other provision of law, in 

whole or in part, the disclosure of information relating to the 

basis for carrying out a covered procurement action. 

(b) DETERMINATION AND NOTIFICATION.—The head of a covered 

agency may exercise the authority provided in subsection (a) only 

after— 

(1) obtaining a joint recommendation by the Under Secretary 

of Defense for Acquisition, Technology, and Logistics and the 

Chief Information Officer of the Department of Defense, on the 

basis of a risk assessment by the Under Secretary of Defense 

for Intelligence, that there is a significant supply chain risk to 

a covered system; 

(2) making a determination in writing, in unclassified or 

classified form, with the concurrence of the Under Secretary of 

Defense for Acquisition, Technology, and Logistics, that— 

(A) use of the authority in subsection (a)(1) is necessary 

to protect national security by reducing supply chain risk; 

(B) less intrusive measures are not reasonably available 

to reduce such supply chain risk; and 

(C) in a case where the head of the covered agency plans 

to limit disclosure of information under subsection (a)(2), 

the risk to national security due to the disclosure of such 

information outweighs the risk due to not disclosing such 

information; and 

(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include— 

(A) the information required by section 2304(f)(3) of title 

10, United States Code; 

(B) the joint recommendation by the Under Secretary of 

Defense for Acquisition, Technology, and Logistics and the 

Chief Information Officer of the Department of Defense as 

specified in paragraph (1); 

(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis 

for the joint recommendation specified in paragraph (1); 

and 

(D) a summary of the basis for the determination, including a discussion of less intrusive measures that were 

considered and why they were not reasonably available to 

reduce supply chain risk. 

(c) DELEGATION.—The head of a covered agency may not delegate 

the authority provided in subsection (a) or the responsibility to 

make a determination under subsection (b) to an official below the 

level of the service acquisition executive for the agency concerned. 

(d) LIMITATION ON DISCLOSURE.—If the head of a covered agency 

has exercised the authority provided in subsection (a)(2) to limit 

disclosure of information— 


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(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the 

Government Accountability Office or in any Federal court; and 

(2) the agency head shall— 

(A) notify appropriate parties of a covered procurement 

action and the basis for such action only to the extent necessary to effectuate the covered procurement action; 

(B) notify other Department of Defense components or 

other Federal agencies responsible for procurements that 

may be subject to the same or similar supply chain risk, 

in a manner and to the extent consistent with the requirements of national security; and 

(C) ensure the confidentiality of any such notifications. 

(e) DEFINITIONS.—In this section: 

(1) HEAD OF A COVERED AGENCY.—The term ‘‘head of a covered agency’’ means each of the following: 

(A) The Secretary of Defense. 

(B) The Secretary of the Army. 

(C) The Secretary of the Navy. 

(D) The Secretary of the Air Force. 

(2) COVERED PROCUREMENT ACTION.—The term ‘‘covered procurement action’’ means any of the following actions, if the action takes place in the course of conducting a covered procurement: 

(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of title 10, United States Code, for 

the purpose of reducing supply chain risk in the acquisition of covered systems. 

(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the 

evaluation of proposals for the award of a contract or the 

issuance of a task or delivery order. 

(C) The decision to withhold consent for a contractor to 

subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source 

from consideration for a subcontract under the contract. 

(3) COVERED PROCUREMENT.—The term ‘‘covered procurement’’ means— 

(A) a source selection for a covered system or a covered 

item of supply involving either a performance specification, 

as provided in section 2305(a)(1)(C)(ii) of title 10, United 

States Code, or an evaluation factor, as provided in section 

2305(a)(2)(A) of such title, relating to supply chain risk; 

(B) the consideration of proposals for and issuance of a 

task or delivery order for a covered system or a covered 

item of supply, as provided in section 2304c(d)(3) of title 

10, United States Code, where the task or delivery order 

contract concerned includes a contract clause establishing 

a requirement relating to supply chain risk; or 

(C) any contract action involving a contract for a covered 

system or a covered item of supply where such contract inVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00150 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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cludes a clause establishing requirements relating to supply chain risk. 

(4) SUPPLY CHAIN RISK.—The term ‘‘supply chain risk’’ means 

the risk that an adversary may sabotage, maliciously introduce 

unwanted function, or otherwise subvert the design, integrity, 

manufacturing, production, distribution, installation, operation, 

or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of 

such system. 

(5) COVERED SYSTEM.—The term ‘‘covered system’’ means a 

national security system, as that term is defined in section 

3542(b) of title 44, United States Code. 

(6) COVERED ITEM OF SUPPLY.—The term ‘‘covered item of 

supply’’ means an item of information technology (as that term 

is defined in section 11101 of title 40, United States Code) that 

is purchased for inclusion in a covered system, and the loss of 

integrity of which could result in a supply chain risk for a covered system. 

(7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence 

Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the 

House of Representatives, and the congressional defense 

committees; and 

(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense 

committees. 

(f) EFFECTIVE DATE.—The requirements of this section shall take 

effect on the date that is 180 days after the date of the enactment 

of this Act and shall apply to— 

(1) contracts that are awarded on or after such date; and 

(2) task and delivery orders that are issued on or after such 

date pursuant to contracts that awarded before, on, or after 

such date. 

(g) SUNSET.—The authority provided in this section shall expire 

on the date that is three years after the date of the enactment of 

this Act. 

Subtitle B—Provisions Relating to Major Defense 

Acquisition Programs 

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

PROGRAMS. 

Section 2334 of title 10, United States Code, is amended— 

(1) in subsection (d)— 

(A) in paragraph (1)— 

(i) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’; and 

(ii) by striking ‘‘, the rationale for selecting such confidence level, and, if such confidence level is less than 

80 percent, the justification for selecting a confidence 


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level of less than 80 percent; and’’ and inserting ‘‘and 

the rationale for selecting such confidence level;’’; 

(B) by redesignating paragraph (2) as paragraph (3); and 

(C) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) ensure that such confidence level provides a high degree 

of confidence that the program can be completed without the 

need for significant adjustment to program budgets; and’’; 

(2) by redesignating subsections (e) and (f) as subsections (f) 

and (g), respectively; and 

(3) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) ESTIMATES FOR PROGRAM BASELINE AND ANALYSES AND TARGETS FOR CONTRACT NEGOTIATION PURPOSES.—(1) The policies, procedures, and guidance issued by the Director of Cost Assessment 

and Program Evaluation in accordance with the requirements of 

subsection (a) shall provide that— 

‘‘(A) cost estimates developed for baseline descriptions and 

other program purposes conducted pursuant to subsection 

(a)(6) are not to be used for the purpose of contract negotiations or the obligation of funds; and 

‘‘(B) cost analyses and targets developed for the purpose of 

contract negotiations and the obligation of funds are based on 

the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience. 

‘‘(2) The Program Manager and contracting officer for each major 

defense acquisition program and major automated information system program shall ensure that cost analyses and targets developed 

for the purpose of contract negotiations and the obligation of funds 

are carried out in accordance with the requirements of paragraph 

(1) and the policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation. 

‘‘(3) Funds that are made available for a major defense acquisition program or major automated information system program in 

accordance with a cost estimate conducted pursuant to subsection 

(a)(6), but are excess to a cost analysis or target developed pursuant to paragraph (2), shall remain available for obligation in accordance with the terms of applicable authorization and appropriations Acts. 

‘‘(4) Funds described in paragraph (3)— 

‘‘(A) may be used— 

‘‘(i) to cover any increased program costs identified by a 

revised cost analysis or target developed pursuant to paragraph (2); 

‘‘(ii) to acquire additional end items in accordance with 

the requirements of section 2308 of this title; or 

‘‘(iii) to cover the cost of risk reduction and process improvements; and 

‘‘(B) may be reprogrammed, in accordance with established 

procedures, only if determined to be excess to program needs 

on the basis of a cost estimate developed with the concurrence 

of the Director of Cost Assessment and Program Evaluation.’’. 


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

(a) GUIDANCE REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall issue 

comprehensive guidance on the management of manufacturing risk 

in major defense acquisition programs. 

(b) ELEMENTS.—The guidance issued under subsection (a) shall, 

at a minimum— 

(1) require the use of manufacturing readiness levels as a 

basis for measuring, assessing, reporting, and communicating 

manufacturing readiness and risk on major defense acquisition 

programs throughout the Department of Defense; 

(2) provide guidance on the definition of manufacturing readiness levels and how manufacturing readiness levels should be 

used to assess manufacturing risk and readiness in major defense acquisition programs; 

(3) specify manufacturing readiness levels that should be 

achieved at key milestones and decision points for major defense acquisition programs; 

(4) identify tools and models that may be used to assess, 

manage, and reduce risks that are identified in the course of 

manufacturing readiness assessments for major defense acquisition programs; and 

(5) require appropriate consideration of the manufacturing 

readiness and manufacturing readiness processes of potential 

contractors and subcontractors as a part of the source selection 

process for major defense acquisition programs. 

(c) MANUFACTURING READINESS EXPERTISE.—The Secretary shall 

ensure that— 

(1) the acquisition workforce chapter of the annual strategic 

workforce plan required by section 115b of title 10, United 

States Code, includes an assessment of the critical manufacturing readiness knowledge and skills needed in the acquisition workforce and a plan of action for addressing any gaps in 

such knowledge and skills; and 

(2) the need of the Department for manufacturing readiness 

knowledge and skills is given appropriate consideration, comparable to the consideration given to other program management functions, as the Department identifies areas of need for 

funding through the Defense Acquisition Workforce Development Fund established in accordance with the requirements of 

section 1705 of title 10, United States Code. 

(d) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning given that term in section 2430(a) of title 10, United 

States Code. 

SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE 

WEAPON SYSTEM ACQUISITION REFORM ACT OF 2009. 

(a) EXTENSION OF REPORTING REQUIREMENTS.—Section 102(b) of 

the Weapon Systems Acquisition Reform Act of 2009 (Public Law 

111–23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended— 

(1) in paragraph (2), by inserting ‘‘, and not later than February 15 of each year from 2011 through 2014’’ after ‘‘Not later 

than 180 days after the date of the enactment of this Act’’; and 


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(2) in paragraph (3), by striking ‘‘The first annual report’’ 

and inserting ‘‘Each annual report from 2010 through 2014’’. 

(b) CLARIFICATION THAT PROTOTYPES MAY BE ACQUIRED FROM

COMMERCIAL, GOVERNMENT, OR ACADEMIC SOURCES.—Paragraph 

(4) of section 203(a) of the Weapon Systems Acquisition Reform Act 

of 2009 (Public Law 111–23; 123 Stat. 1722; 10 U.S.C. 2430 note) 

is amended to read as follows: 

‘‘(4) That prototypes— 

‘‘(A) may be required under paragraph (1) or (3) for the 

system to be acquired or, if prototyping of the system is 

not feasible, for critical subsystems of the system; and 

‘‘(B) may be acquired from commercial, government, or 

academic sources.’’. 

(c) CLARIFICATION THAT CERTIFICATIONS ARE NOT REQUIRED FOR

MAJOR DEFENSE ACQUISITION PROGRAMS FOLLOWING MILESTONE C 

APPROVAL.—Section 204(c)(2) of the Weapon Systems Acquisition 

Reform Act of 2009 (123 Stat. 1724) is amended— 

(1) in subparagraph (A), by striking ‘‘; and’’ and inserting a 

semicolon; 

(2) in subparagraph (B), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) has not yet achieved a Milestone C approval.’’. 

(d) CLARIFICATION THAT CERTAIN MILESTONE B CERTIFICATION

CRITERIA MAY BE WAIVED.— (1) WAIVER AUTHORITY.—Effective as of May 22, 2009, section 2366b(d) of title 10, United States Code, as amended by 

section 205(a)(1) of the Weapon Systems Acquisition Reform 

Act of 2009 (123 Stat. 1724), is amended— 

(A) in paragraph (1), by striking ‘‘specified in paragraph 

(1) or (2) of subsection (a)’’ and inserting ‘‘specified in paragraph (1), (2), or (3) of subsection (a)’’; and 

(B) in paragraph (2), by striking ‘‘specified in paragraphs 

(1) and (2) of subsection (a)’’ and inserting ‘‘specified in 

paragraphs (1), (2), and (3) of subsection (a)’’. 

(2) DETERMINATION REGARDING SATISFACTION OF CERTIFI- CATION COMPONENTS.—Effective as of May 22, 2009, and as if 

included therein as enacted, section 205(b)(1) of the Weapon 

Systems Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) 

is amended by striking ‘‘certification components specified in 

paragraphs (1) and (2) of subsection (a) of section 2366b of title 

10, United States Code’’ and inserting ‘‘certification components specified in paragraphs (1), (2), and (3) of subsection (a) 

of section 2366b of title 10, United States Code’’. 

(e) CORRECTION TO REFERENCE.—Effective as of May 22, 2009, 

and as if included therein as enacted, section 205(c) of the Weapon 

Systems Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) is 

amended by striking ‘‘section 2433a(c)(3)’’ and inserting ‘‘section 

2433a(c)(1)(C)’’. 

SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 

ACQUISITION PROGRAMS UNDER VARIOUS ACQUISITIONRELATED REQUIREMENTS. 

(a) REPORTING REQUIREMENTS.—Section 2430a(b) of title 10, 

United States Code, is amended— 


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(1) by redesignating paragraphs (1) and (2) as subparagraphs 

(A) and (B), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘If the Secretary’’; 

(3) in subparagraph (A), as so redesignated, by inserting 

‘‘(other than as provided in paragraph (2))’’ before the semicolon; and 

(4) by adding at the end the following new paragraph: 

‘‘(2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), 

unit costs under this chapter shall be submitted in accordance with 

the definitions in subsection (d).’’. 

(b) MILESTONE A APPROVAL CERTIFICATION REQUIREMENTS.—Section 2366a of such title is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘a major defense acquisition program certified by the Milestone Decision Authority under subsection (a), if the projected cost of the program’’ and inserting ‘‘a major defense acquisition program 

certified by the Milestone Decision Authority under subsection (a) or a designated major subprogram of such program, if the projected cost of the program or subprogram’’; 

and 

(B) in paragraph (2), by inserting ‘‘or designated major 

subprogram’’ after ‘‘major defense acquisition program’’; 

and 

(2) in subsection (c)— 

(A) by redesignating paragraphs (2), (3), (4), and (5) as 

paragraphs (3), (4), (5), and (6), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) The term ‘designated major subprogram’ means a major 

subprogram of a major defense acquisition program designated 

under section 2430a(a)(1) of this title.’’. 

(c) MILESTONE B APPROVAL CERTIFICATION REQUIREMENTS.—Section 2366b of such title is amended— 

(1) in subsection (b)(1)— 

(A) by striking ‘‘any changes to the program’’ and inserting ‘‘any changes to the program or a designated major 

subprogram of such program’’; and 

(B) in subparagraph (B), by striking ‘‘otherwise cause 

the program’’ and inserting ‘‘otherwise cause the program 

or subprogram’’; and 

(2) in subsection (g)— 

(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) The term ‘designated major subprogram’ means a major 

subprogram of a major defense acquisition program designated 

under section 2430a(a)(1) of this title.’’. 

(d) CONFORMING AMENDMENTS TO SECTION 2399.—Subsection (a) 

of section 2399 of such title is amended to read as follows: 

‘‘(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL PRO- DUCTION.—(1) The Secretary of Defense shall provide that a covVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00155 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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ered major defense acquisition program or a covered designated 

major subprogram may not proceed beyond low-rate initial production until initial operational test and evaluation of the program or 

subprogram is completed. 

‘‘(2) In this subsection: 

‘‘(A) The term ‘covered major defense acquisition program’ 

means a major defense acquisition program that involves the 

acquisition of a weapon system that is a major system within 

the meaning of that term in section 2302(5) of this title. 

‘‘(B) The term ‘covered designated major subprogram’ means 

a major subprogram designated under section 2430a(a)(1) of 

this title that is a major subprogram of a covered major defense acquisition program.’’. 

(e) CONFORMING AMENDMENTS TO SECTION 2434.—Section 

2434(a) of such title is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The provisions of this section shall apply to any major subprogram of a major defense acquisition program (as designated 

under section 2430a(a)(1) of this title) in the same manner as those 

provisions apply to a major defense acquisition program, and any 

reference in this section to a program shall be treated as including 

such a subprogram.’’. 

Subtitle C—Amendments to General Contracting 

Authorities, Procedures, and Limitations 

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

(a) EXTENSION.—Section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 229; 

10 U.S.C. 2533a note) is amended in subsection (f) by striking ‘‘on 

the date that is five years after the date of the enactment of this 

Act’’ and inserting ‘‘on January 1, 2015’’. 

(b) PROHIBITION ON SPECIFICATION IN SOLICITATIONS.—No solicitation issued before January 1, 2015, by the Department of Defense 

may include a requirement that proposals submitted pursuant to 

such solicitation must include the use of fire resistant rayon fiber. 

(c) REPORT REQUIRED.— (1) IN GENERAL.—Not later than March 15, 2011, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the supply chain for fire resistant fiber 

for the production of military uniforms. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include, at a minimum, an analysis of the following: 

(A) The current and anticipated sources of fire resistant 

rayon fiber for the production of military uniforms. 

(B) The extent to which fire resistant rayon fiber has 

unique properties that provide advantages for the production of military uniforms. 

(C) The extent to which the efficient procurement of fire 

resistant rayon fiber for the production of military uniforms is impeded by existing statutory or regulatory requirements. 


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(D) The actions the Department of Defense has taken to 

identify alternatives to fire resistant rayon fiber for the 

production of military uniforms. 

(E) The extent to which such alternatives provide an 

adequate substitute for fire resistant rayon fiber for the 

production of military uniforms. 

(F) The impediments to the use of such alternatives, and 

the actions the Department has taken to overcome such 

impediments. 

(G) The extent to which uncertainty regarding the future 

availability of fire resistant rayon fiber results in instability or inefficiency for elements of the United States textile industry that use fire resistant rayon fiber, and the extent to which that instability or inefficiency results in less 

efficient business practices, impedes investment and innovation, and thereby results or may result in higher costs, 

delayed delivery, or a lower quality of product delivered to 

the Government. 

(H) The extent to which any modifications to existing 

law or regulation may be necessary to ensure the efficient 

acquisition of fire resistant fiber or alternative fire resistant products for the production of military uniforms. 

SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PROCUREMENTS 

FROM FIRMS IN THE SMALL ARMS PRODUCTION INDUSTRIAL BASE. 

(a) REPEAL.—Section 2473 of title 10, United States Code, is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 146 of such title is amended by striking the item 

relating to section 2473. 

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

(a) REVIEW REQUIRED.—The Secretary of Defense shall review 

the regulations specified in subsection (b) to ensure that the definition of the term ‘‘produce’’ in such regulations complies with the requirements of section 2533b of title 10, United States Code. In carrying out the review, the Secretary shall seek public comment, consider congressional intent, and revise the regulations as the Secretary considers necessary and appropriate. 

(b) REGULATIONS SPECIFIED.—The regulations referred to in subsection (a) are any portion of subpart 252.2 of the defense supplement to the Federal Acquisition Regulation that includes a definition of the term ‘‘produce’’ for purposes of implementing section 

2533b of title 10, United States Code. 

(c) COMPLETION OF REVIEW.—The Secretary shall complete the 

review required by subsection (a) and any necessary and appropriate revisions to the defense supplement to the Federal Acquisition Regulation not later than 270 days after the date of the enactment of this Act. 

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

(a) REVIEW OF GUIDANCE.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

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mentation of section 2320(e) of title 10, United States Code, to ensure that such guidance is consistent with the guidance issued by 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics and the requirements of this section. Such guidance shall 

be designed to ensure that the United States— 

(1) preserves the option of competition for contracts for the 

production and sustainment of systems or subsystems that are 

developed exclusively with Federal funds as defined in accordance with the amendments made by this section; and 

(2) is not required to pay more than once for the same technical data. 

(b) RIGHTS IN TECHNICAL DATA.—Section 2320(a) of title 10, 

United States Code, is amended— 

(1) in paragraph (2)(F)(i)— 

(A) by redesignating subclauses (I) and (II) as subclauses 

(II) and (III), respectively; and 

(B) by inserting before subclause (II), as so redesignated, 

the following new subclause (I): 

‘‘(I) rights in technical data described in subparagraph (A) for which a use or release restriction has 

been erroneously asserted by a contractor or subcontractor;’’; and 

(2) in paragraph (3), by striking ‘‘for the purposes of definitions under this paragraph’’ and inserting ‘‘for the purposes of 

paragraph (2)(B), but shall be considered to be Federal funds 

for the purposes of paragraph (2)(A)’’. 

(c) VALIDATION OF PROPRIETARY DATA RESTRICTIONS.—Section 

2321(d)(2) of title 10, United States Code, is amended— 

(1) in subparagraph (A), by striking ‘‘A challenge’’ and inserting ‘‘Except as provided in subparagraph (C), a challenge’’; and 

(2) by adding at the end the following new subparagraph (C): 

‘‘(C) The limitation in this paragraph shall not apply to a case 

in which the Secretary finds that reasonable grounds exist to believe that a contractor or subcontractor has erroneously asserted a 

use or release restriction with regard to technical data described in 

section 2320(a)(2)(A) of this title.’’. 

SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF 

TASK AND DELIVERY ORDER CONTRACTS. 

Paragraph (3) of section 2304c(e) of title 10, United States Code, 

is amended to read as follows: 

‘‘(3) Paragraph (1)(B) and paragraph (2) of this subsection shall 

not be in effect after September 30, 2016.’’. 

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

OUT CERTAIN PROTOTYPE PROJECTS. 

Section 845 of the National Defense Authorization Act for Fiscal 

Year 1994 (10 U.S.C. 2371 note) is amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (A), by inserting ‘‘(including all options)’’ after ‘‘not in excess of $100,000,000’’; and 

(B) in subparagraph (B), by inserting ‘‘(including all options)’’ after ‘‘in excess of $100,000,000’’; and 

(2) in subsection (e)(3)(A), by inserting ‘‘(including all options)’’ after ‘‘does not exceed $50,000,000’’. 


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

(a) PERMANENT AUTHORITY.—Section 2359b of title 10, United 

States Code, is amended— 

(1) by striking subsections (j) and (k); and 

(2) by redesignating subsection (l) as subsection (j). 

(b) PILOT PROGRAM.—Section 2359b of title 10, United States 

Code, as amended by subsection (a), is further amended by adding 

at the end the following new subsection (k): 

‘‘(k) PILOT PROGRAM FOR PROGRAMS OTHER THAN MAJOR DEFENSE ACQUISITION PROGRAMS.— 

‘‘(1) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out a pilot program to expand the use of the authority provided in this section to provide opportunities for the introduction of innovative 

and cost-saving approaches to programs other than major defense acquisition programs through the submission, review, 

and implementation, where appropriate, of qualifying proposals. 

‘‘(2) QUALIFYING PROPOSALS.—For purposes of this subsection, a qualifying proposal is an offer to supply a nondevelopmental item that— 

‘‘(A) is evaluated as achieving a level of performance 

that is at least equal to the level of performance of an item 

being procured under a covered acquisition program and 

as providing savings in excess of 15 percent after considering all costs to the Government of implementing such 

proposal; or 

‘‘(B) is evaluated as achieving a level of performance 

that is significantly better than the level of performance of 

an item being procured under a covered acquisition program without any increase in cost to the Government. 

‘‘(3) REVIEW PROCEDURES.—The Under Secretary shall adopt 

modifications as may be needed to the procedures applicable to 

the Challenge Program to provide for Department of Defense 

review of, and action on, qualifying proposals. Such procedures 

shall include, at a minimum, the issuance of a broad agency 

announcement inviting interested parties to submit qualifying 

proposals in areas of interest to the Department. 

‘‘(4) DEFINITIONS.—In this subsection: 

‘‘(A) NONDEVELOPMENTAL ITEM.—The term ‘nondevelopmental item’ has the meaning given that term in section 

4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403). 

‘‘(B) COVERED ACQUISITION PROGRAM.—The term ‘covered 

acquisition program’ means any acquisition program of the 

Department of Defense other than a major defense acquisition program, but does not include any contract awarded 

under an exception to competitive acquisition authorized 

by the Small Business Act (15 U.S.C. 631 et seq.) 

‘‘(C) LEVEL OF PERFORMANCE.—The term ‘level of performance’, with respect to a nondevelopmental item, means 

the extent to which the item demonstrates required item 

functional characteristics. 


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‘‘(5) SUNSET.—The authority to carry out the pilot program 

under this subsection shall terminate on the date that is five 

years after the date of the enactment of this Act.’’. 

SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

(a) COMPETITION REQUIREMENTS FOR TASK OR DELIVERY ORDERS

UNDER ENERGY SAVINGS PERFORMANCE CONTRACTS.—Section 801 

of the National Energy Conservation Policy Act (42 U.S.C. 8287) is 

amended by adding at the end the following: 

‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by— 

‘‘(A) notifying all contractors that have received an award 

under such contract that the agency proposes to discuss energy 

savings performance services for some or all of its facilities 

and, following a reasonable period of time to provide a proposal 

in response to the notice, soliciting from such contractors the 

submission of expressions of interest in, and contractor qualifications for, performing site surveys or investigations and feasibility designs and studies, and including in the notice summary information concerning energy use for any facilities that 

the agency has specific interest in including in such task or delivery order; 

‘‘(B) reviewing all expressions of interest and qualifications 

submitted pursuant to the notice under subparagraph (A); 

‘‘(C) selecting two or more contractors (from among those reviewed under subparagraph (B)) to conduct discussions concerning the contractors’ respective qualifications to implement 

potential energy conservation measures, including— 

‘‘(i) requesting references and specific detailed examples 

with respect to similar efforts and the resulting energy 

savings of such similar efforts; and 

‘‘(ii) requesting an explanation of how such similar efforts relate to the scope and content of the task or delivery 

order concerned; 

‘‘(D) selecting and authorizing— 

‘‘(i) more than one contractor (from among those selected 

under subparagraph (C)) to conduct site surveys, investigations, feasibility designs and studies, or similar assessments for the energy savings performance contract services 

(or for discrete portions of such services), for the purpose 

of allowing each such contractor to submit a firm, fixedprice 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, fixedprice 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 

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tractors selected under subparagraph (D) based on the energy 

conservation measures identified; and 

‘‘(G) issuing a task or delivery order for energy savings performance contracting services to such contractor or contractors. 

‘‘(2) The issuance of a task or delivery order for energy savings 

performance contracting services pursuant to paragraph (1) is 

deemed to satisfy the task and delivery order competition requirements in section 2304c(d) of title 10, United States Code, and section 303J(d) of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253j(d)). 

‘‘(3) The Secretary may issue guidance as necessary to agencies 

issuing task or delivery orders pursuant to paragraph (1).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) is 

inapplicable to task or delivery orders issued before the date of enactment of this Act. 

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

(a) DEFINITIONS.—Section 187 of title 10, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘materials critical to national security’ means 

materials— 

‘‘(A) upon which the production or sustainment of military equipment is dependent; and 

‘‘(B) the supply of which could be restricted by actions or 

events outside the control of the Government of the United 

States. 

‘‘(2) The term ‘military equipment’ means equipment used directly by the armed forces to carry out military operations. 

‘‘(3) The term ‘secure supply’, with respect to a material, 

means the availability of a source or sources for the material, 

including the full supply chain for the material and components containing the material.’’. 

(b) AMENDMENT RELATING TO DUTIES.—Subsection (b) of section 

187 of such title is amended to read as follows: 

‘‘(b) DUTIES.—In addition to other matters assigned to it by the 

Secretary of Defense, the Board shall— 

‘‘(1) determine the need to provide a long term secure supply 

of materials designated as critical to national security to ensure that national defense needs are met; 

‘‘(2) analyze the risk associated with each material designated as critical to national security and the effect on national defense that the nonavailability of such material would 

have; 

‘‘(3) recommend a strategy to the President to ensure a secure supply of materials designated as critical to national security; 

‘‘(4) recommend such other strategies to the President as the 

Board considers appropriate to strengthen the industrial base 

with respect to materials critical to national security; and 

‘‘(5) publish not less frequently than once every two years in 

the Federal Register recommendations regarding materials 

critical to national security, including a list of specialty metals, 

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nition of ‘specialty metal’ for purposes of section 2533b of this 

title.’’. 

Subtitle D—Contractor Matters 

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

COMBAT OPERATIONS. 

(a) ENHANCEMENT OF OVERSIGHT AND ACCOUNTABILITY.—Section 

862 of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 10 U.S.C. 2302 note) is amended— 

(1) in subsection (b)(2)— 

(A) in subparagraph (A), by striking ‘‘comply with regulations’’ and inserting ‘‘ensure that the contractor and all 

employees of the contractor or any subcontractor who are 

responsible for performing private security functions under 

such contract comply with regulations’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘comply with’’ and all that follows 

through ‘‘in accordance with’’ and inserting ‘‘ensure 

that the contractor and all employees of the contractor 

or any subcontractor who are responsible for performing private security functions under such contract 

comply with’’; and 

(ii) by striking ‘‘and’’ at the end; 

(C) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by adding at the end the following new subparagraph: 

‘‘(D) ensure that the contract clause is included in subcontracts awarded to any subcontractor at any tier who is 

responsible for performing private security functions under 

the contract.’’; 

(2) by redesignating subsections (c) and (d) as subsections (f) 

and (g), respectively; and 

(3) by inserting after subsection (b) the following new subsections: 

‘‘(c) OVERSIGHT.—It shall be the responsibility of the head of the 

contracting activity responsible for each covered contract to ensure 

that the contracting activity takes appropriate steps to assign sufficient oversight personnel to the contract to— 

‘‘(1) ensure that the contractor responsible for performing 

private security functions under such contract comply with the 

regulatory requirements prescribed pursuant to subsection (a) 

and the contract requirements established pursuant to subsection (b); and 

‘‘(2) make the determinations required by subsection (d). 

‘‘(d) REMEDIES.—The failure of a contractor under a covered contract to comply with the requirements of the regulations prescribed 

under subsection (a) or the contract clause inserted in a covered 

contract pursuant to subsection (b), as determined by the contracting officer for the covered contract— 

‘‘(1) shall be included in appropriate databases of past performance and considered in any responsibility determination or 

evaluation of the past performance of the contractor for the 


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purpose of a contract award decision, as provided in section 6(j) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

405(j)); 

‘‘(2) in the case of an award fee contract— 

‘‘(A) shall be considered in any evaluation of contract 

performance by the contractor for the relevant award fee 

period; and 

‘‘(B) may be a basis for reducing or denying award fees 

for such period, or for recovering all or part of award fees 

previously paid for such period; and 

‘‘(3) in the case of a failure to comply that is severe, prolonged, or repeated— 

‘‘(A) shall be referred to the suspension or debarment official for the appropriate agency; and 

‘‘(B) may be a basis for suspension or debarment of the 

contractor. 

‘‘(e) RULE OF CONSTRUCTION.—The duty of a contractor under a 

covered contract to comply with the requirements of the regulations 

prescribed under subsection (a) and the contract clause inserted 

into a covered contract pursuant to subsection (b), and the availability of the remedies provided in subsection (d), shall not be reduced or diminished by the failure of a higher or lower tier contractor under such contract to comply with such requirements, or 

by a failure of the contracting activity to provide the oversight required by subsection (c).’’. 

(b) REVISED REGULATIONS AND CONTRACT CLAUSE.— 

(1) DEADLINE FOR REGULATIONS.—Not later than 60 days 

after the date of the enactment of this Act, the Secretary of Defense shall revise the regulations prescribed pursuant to section 862 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) to incorporate the requirements of the amendments made by subsection (a). 

(2) COMMENCEMENT OF APPLICABILITY OF REVISIONS.—The revision of regulations under paragraph (1) shall apply to the following: 

(A) Any contract that is awarded on or after the date 

that is 120 days after the date of the enactment of this 

Act. 

(B) Any task or delivery order that is issued on or after 

the date that is 120 days after the date of the enactment 

of this Act pursuant to a contract that is awarded before, 

on, or after the date that is 120 days after the date of the 

enactment of this Act. 

(3) COMMENCEMENT OF INCLUSION OF CONTRACT CLAUSE.—A 

contract clause that reflects the revision of regulations required by the amendments made by subsection (a) shall be inserted, as required by such section 862, into the following: 

(A) Any contract described in paragraph (2)(A). 

(B) Any task or delivery order described in paragraph 

(2)(B). 


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SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS TO AREAS OF 

OTHER SIGNIFICANT MILITARY OPERATIONS. 

(a) AREAS OF OTHER SIGNIFICANT MILITARY OPERATIONS.—Section 862 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 10 U.S.C. 2302 note), as amended by 

section 831, is further amended— 

(1) by striking ‘‘combat operations’’ each place it appears and 

inserting ‘‘combat operations or other significant military operations’’; and 

(2) in subsection (f), as redesignated by such section 831— 

(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; 

(B) in paragraph (1)— 

(i) by inserting ‘‘either’’ after ‘‘constituting’’; and 

(ii) by adding at the end the following: ‘‘In making 

designations under this paragraph, the Secretary shall 

ensure that an area is not designated in whole or part 

as both an area of combat operations and an area of 

other significant military operations.’’; and 

(C) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) OTHER SIGNIFICANT MILITARY OPERATIONS.—For purposes 

of this section, the term ‘other significant military operations’ 

means activities, other than combat operations, as part of an 

overseas contingency operation that are carried out by United 

States Armed Forces in an uncontrolled or unpredictable highthreat environment where personnel performing security functions may be called upon to use deadly force.’’. 

(b) ADDITIONAL AREAS CONSIDERED FOR DESIGNATION.— 

(1) DETERMINATION REQUIRED FOR CERTAIN AREAS.—Not later 

than 150 days after the date of the enactment of this Act, the 

Secretary of Defense shall make a written determination for 

each of the following areas regarding whether or not the area 

constitutes an area of combat operations or an area of other 

significant military operations for purposes of designation as 

such an area under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 

U.S.C. 2302 note), as amended by this section: 

(A) The Horn of Africa region. 

(B) Yemen. 

(C) The Philippines. 

(2) SUBMISSION TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a copy of 

each written determination under paragraph (1), together with 

an explanation of the basis for such determination. 

(c) LIMITATION AND EXCEPTION.—Section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

10 U.S.C. 2302 note), as amended by subsection (a) and by section 

831, is further amended— 

(1) by redesignating subsection (g), as redesignated by such 

section 831, as subsection (h) and inserting after subsection (f) 

the following new subsection (g): 


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‘‘(g) LIMITATION.—With respect to an area of other significant 

military operations, the requirements of this section shall apply 

only upon agreement of the Secretary of Defense and the Secretary 

of State. An agreement of the Secretaries under this subsection 

may be made only on an area-by-area basis. With respect to an 

area of combat operations, the requirements of this section shall always apply.’’; and 

(2) in subsection (h), as so redesignated— 

(A) by striking the subsection designation and ‘‘EXCEPTION.—’’ and inserting the following: 

‘‘(h) EXCEPTIONS.— 

‘‘(1) INTELLIGENCE ACTIVITIES.—’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—The requirements 

of this section shall not apply to a nonprofit nongovernmental 

organization receiving grants or cooperative agreements for activities conducted within an area of other significant military 

operations if the Secretary of Defense and the Secretary of 

State agree that such organization may be exempted. An exemption may be granted by the agreement of the Secretaries 

under this paragraph on an organization-by-organization or 

area-by-area basis. Such an exemption may not be granted 

with respect to an area of combat operations.’’. 

(d) REPORT ON IMPLEMENTATION.—Not later than 180 days after 

a designation of an area as an area of combat operations or an area 

of other significant military operations pursuant to subsection 

(b)(2), the Secretary of Defense, in coordination with the Secretary 

of State, shall submit to Congress a report on steps taken or 

planned to be taken to implement the regulations prescribed under 

section 862 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) in such area. 

In the case of any agreement by the Secretaries to limit the applicability of such section or exempt nongovernmental organizations 

from such section, pursuant to subsections (g) or (h)(1) of such section (as added by subsection (c)), the report shall document the 

basis for such agreement. 

SEC. 833. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY 

CONTRACTORS. 

(a) REVIEW OF THIRD-PARTY STANDARDS AND CERTIFICATION

PROCESSES.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— 

(1) determine whether the private sector has developed— 

(A) operational and business practice standards applicable to private security contractors; and 

(B) third-party certification processes for determining 

whether private security contractors adhere to standards 

described in subparagraph (A); and 

(2) review any standards and processes identified pursuant 

to paragraph (1) to determine whether the application of such 

standards and processes will make a substantial contribution 

to the successful performance of private security functions in 

areas of combat operations or other significant military operations. 


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(b) REVISED REGULATIONS.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

revise the regulations promulgated under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 10 U.S.C. 2302 note) to ensure that such regulations— 

(1) establish criteria for defining standard practices for the 

performance of private security functions, which shall reflect 

input from industry representatives as well as the Inspector 

General of the Department of Defense; and 

(2) establish criteria for weapons training programs for contractors performing private security functions, including minimum requirements for weapons training programs of instruction and minimum qualifications for instructors for such programs. 

(c) INCLUSION OF THIRD-PARTY STANDARDS AND CERTIFICATIONS

IN REVISED REGULATIONS.— 

(1) STANDARDS.—If the Secretary determines that the application of operational and business practice standards identified 

pursuant to subsection (a)(1)(A) will make a substantial contribution to the successful performance of private security functions in areas of combat operations or other significant military 

operations, the revised regulations promulgated pursuant to 

subsection (b) shall incorporate a requirement to comply with 

such standards, subject to such exceptions as the Secretary 

may determine to be necessary. 

(2) CERTIFICATIONS.—If the Secretary determines that the 

application of a third-party certification process identified pursuant to subsection (a)(1)(B) will make a substantial contribution to the successful performance of private security functions 

in areas of combat operations or other significant military operations, the revised regulations promulgated pursuant to subsection (b) may provide for the consideration of such certifications as a factor in the evaluation of proposals for award of 

a covered contract for the provision of private security functions, subject to such exceptions as the Secretary may determine to be necessary. 

(d) DEFINITIONS.—In this section: 

(1) COVERED CONTRACT.—The term ‘‘covered contract’’ 

means— 

(A) a contract of the Department of Defense for the performance of services; 

(B) a subcontract at any tier under such a contract; or 

(C) a task order or delivery order issued under such a 

contract or subcontract. 

(2) CONTRACTOR.—The term ‘‘contractor’’ means, with respect 

to a covered contract, the contractor or subcontractor carrying 

out the covered contract. 

(3) PRIVATE SECURITY FUNCTIONS.—The term ‘‘private security functions’’ means activities engaged in by a contractor 

under a covered contract as follows: 

(A) Guarding of personnel, facilities, or property of a 

Federal agency, the contractor or subcontractor, or a third 

party. 


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(B) Any other activity for which personnel are required 

to carry weapons in the performance of their duties. 

(e) EXCEPTION.—The requirements of this section shall not apply 

to contracts entered into by elements of the intelligence community 

in support of intelligence activities. 

SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO REDUCE OR DENY AWARD FEES TO COMPANIES 

FOUND TO JEOPARDIZE THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL. 

(a) EXPANSION OF DISPOSITIONS SUBJECT TO AUTHORITY.—Section 

823 of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2412; 10 U.S.C. 2302 note) is 

amended— 

(1) in subsection (c), by adding at the end the following new 

paragraph: 

‘‘(5) In an administrative proceeding, a final determination of 

contractor fault by the Secretary of Defense pursuant to subsection (d).’’; 

(2) by redesignating subsections (d) and (e) as subsections (e) 

and (f), respectively; and 

(3) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) DETERMINATIONS OF CONTRACTOR FAULT BY SECRETARY OF

DEFENSE.— 

‘‘(1) IN GENERAL.—In any case described by paragraph (2), 

the Secretary of Defense shall— 

‘‘(A) provide for an expeditious independent investigation 

of the causes of the serious bodily injury or death alleged 

to have been caused by the contractor as described in that 

paragraph; and 

‘‘(B) make a final determination, pursuant to procedures 

established by the Secretary for purposes of this subsection, whether the contractor, in the performance of a 

covered contract, caused such serious bodily injury or 

death through gross negligence or with reckless disregard 

for the safety of civilian or military personnel of the Government. 

‘‘(2) COVERED CASES.—A case described in this paragraph is 

any case in which the Secretary has reason to believe that— 

‘‘(A) a contractor, in the performance of a covered contract, may have caused the serious bodily injury or death 

of any civilian or military personnel of the Government; 

and 

‘‘(B) such contractor is not subject to the jurisdiction of 

United States courts. 

‘‘(3) CONSTRUCTION OF DETERMINATION.—A final determination under this subsection may be used only for the purpose of 

evaluating contractor performance, and shall not be determinative of fault for any other purpose.’’. 

(b) DEFINITION OF CONTRACTOR.—Paragraph (1) of subsection (e) 

of such section, as redesignated by subsection (a)(2) of this section, 

is amended to read as follows: 


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‘‘(1) The term ‘contractor’ means a company awarded a covered contract and a subcontractor at any tier under such contract.’’. 

(c) TECHNICAL AMENDMENT.—Subsection (c) of such section is 

further amended in the matter preceding paragraph (1) by striking 

‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’. 

(d) INCLUSION OF DETERMINATIONS OF CONTRACTOR FAULT IN

DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS

AND SUSPENSION AND DEBARMENT OFFICIALS.—Section 872(c)(1) of 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4556) is amended by 

adding at the end the following new subparagraph: 

‘‘(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization 

Act for Fiscal Year 2010 (10 U.S.C. 2302 note).’’. 

(e) EFFECTIVE DATE.—The requirements of section 823 of the National Defense Authorization Act for Fiscal Year 2010, as amended 

by subsections (a) through (c), shall apply with respect to the following: 

(1) Any contract entered into on or after the date of the enactment of this Act. 

(2) Any task order or delivery order issued on or after the 

date of the enactment of this Act under a contract entered into 

before, on, or after that date. 

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

Section 863 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) is amended 

to read as follows: 

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

‘‘(a) JOINT REPORT REQUIRED.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (6), every 

12 months, the Secretary of Defense, the Secretary of State, 

and the Administrator of the United States Agency for International Development shall submit to the relevant committees 

of Congress a joint report on contracts in Iraq or Afghanistan. 

‘‘(2) PRIMARY MATTERS COVERED.—A report under this subsection shall, at a minimum, cover the following with respect 

to contracts in Iraq and Afghanistan during the reporting period: 

‘‘(A) Total number of contracts awarded. 

‘‘(B) Total number of active contracts. 

‘‘(C) Total value of all contracts awarded. 

‘‘(D) Total value of active contracts. 

‘‘(E) The extent to which such contracts have used competitive procedures. 

‘‘(F) Total number of contractor personnel working on 

contracts at the end of each quarter of the reporting period. 

‘‘(G) Total number of contractor personnel who are performing security functions at the end of each quarter of 

the reporting period. 


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‘‘(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; 


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‘‘(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. 


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‘‘(F) Such other civilian officials of the Department of 

Defense as are designated by the Secretary of Defense for 

purposes of this subsection.’’. 

(2) CONFORMING AMENDMENT.—Subsection (b)(3) of such section is amended by striking ‘‘Under Secretary of Defense 

(Comptroller), the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, and the Director of Cost Assessment 

and Performance Evaluation’’ and inserting ‘‘advisors to the 

Council under subsection (d)’’. 

(d) RECOGNITION OF PERMANENT NATURE OF COUNCIL.—Subsection (a) of such section is amended by striking ‘‘The Secretary 

of Defense shall establish’’ and inserting ‘‘There is’’. 

SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND 

PERFORMANCE OF SUSTAINABLE PRODUCTS AND SERVICES. 

(a) FINDING.—Congress finds the following: 

(1) Executive Order No. 13514, dated October 5, 2009, requires the departments and agencies of the Federal Government to establish an integrated strategy towards the procurement of sustainable products and services. 

(2) The Department of Defense Strategic Sustainability Performance Plan, issued in August 2010, provides a framework 

for the Department’s compliance with Executive Order No. 

13514 and other applicable sustainability requirements. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the 

status of the achievement by the Department of Defense of the 

objectives and goals on the procurement of sustainable products and services established by section 2(h) of Executive Order 

No. 13514. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the actions taken, and to be taken, 

by the Department to identify particular sustainable products and services that contribute to the achievement of the 

objectives and goals described in paragraph (1). 

(B) An assessment of the tools available to the Department to promote the use of particular sustainable products 

and services identified pursuant to the actions described in 

subparagraph (A) across the Department, and a description of the actions taken, and to be taken, by the Department to use such tools. 

(C) A description of strategies and tools identified by the 

Department that could assist the other departments and 

agencies of the Federal Government in procuring sustainable products and services, including a description of 

mechanisms for sharing best practices in such procurement, as identified by the Department, among the other 

departments and agencies of the Federal Government. 

(D) An assessment of the progress the Department has 

made toward the achievement of the objectives and goals 


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described in paragraph (1), including the scorecard identified in its Strategic Sustainability Performance Plan. 

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

(a) ASSESSMENT REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall undertake 

an assessment of the supply and demand for rare earth materials in defense applications and identify which, if any, rare 

earth material meets both of the following criteria: 

(A) The rare earth material is critical to the production, 

sustainment, or operation of significant United States military equipment. 

(B) The rare earth material is subject to interruption of 

supply, based on actions or events outside the control of 

the Government of the United States. 

(2) EVALUATION OF SUPPLY.—The assessment shall include a 

comprehensive evaluation of the long-term security and availability of all aspects of the supply chain for rare earth materials in defense applications, particularly the location and 

number of sources at each step of the supply chain, including— 

(A) mining of rare earth ores; 

(B) separation of rare earth oxides; 

(C) refining and reduction of rare earth metals; 

(D) creation of rare earth alloys; 

(E) manufacturing of components and systems containing rare earth materials; and 

(F) recycling of components and systems to reclaim and 

reuse rare earth materials. 

(3) EVALUATION OF DEMAND.—The assessment shall include 

a comprehensive evaluation of the demand for and usage of 

rare earth materials in all defense applications, including— 

(A) approximations of the total amounts of individual 

rare earth materials used in defense applications; 

(B) determinations of which, if any, defense applications 

are dependent upon rare earth materials for proper operation and functioning; and 

(C) assessments of the feasibility of alternatives to usage 

of rare earth materials in defense applications. 

(4) OTHER STUDIES AND AGENCIES.—Any applicable studies 

conducted by the Department of Defense, the Comptroller General of the United States, or other Federal agencies during fiscal year 2010 may be considered as partial fulfillment of the 

requirements of this section. The Secretary may consider the 

views of other Federal agencies, as appropriate. 

(5) SPECIFIC MATERIAL INCLUDED.—At a minimum, the Secretary shall identify sintered neodymium iron boron magnets 

as meeting the criteria specified in paragraph (1). 

(b) PLAN.—For each rare earth material identified pursuant to 

subsection (a)(1), the Secretary shall develop a plan to ensure the 

long-term availability of such rare earth material, with a goal of establishing an assured source of supply of such material in critical 

defense applications by December 31, 2015. In developing the plan, 

the Secretary shall consider all aspects of the material’s supply 

chain, as described in subsection (a)(2). The plan shall include conVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00172 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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sideration of numerous risk mitigation methods with respect to the 

material, including— 

(1) an assessment of including the material in the National 

Defense Stockpile; 

(2) in consultation with the United States Trade Representative, the identification of any trade practices known to the Secretary that limit the Secretary’s ability to ensure the long-term 

availability of such material or the ability to meet the goal of 

establishing an assured source of supply of such material by 

December 31, 2015; 

(3) an assessment of the availability of financing to industry, 

academic institutions, or not-for-profit entities to provide the 

capacity required to ensure the availability of the material, as 

well as potential mechanisms to increase the availability of 

such financing; 

(4) an assessment of the benefits, if any, of Defense Production Act funding to support the establishment of an assured 

source of supply for military components; 

(5) an assessment of funding for research and development 

related to any aspect of the rare earth material supply chain 

or research on alternatives and substitutes; 

(6) any other risk mitigation method determined appropriate 

by the Secretary that is consistent with the goal of establishing 

an assured source of supply by December 31, 2015; and 

(7) for steps of the rare earth material supply chain for 

which no other risk mitigation method, as described in paragraphs (1) through (6), will ensure an assured source of supply 

by December 31, 2015, a specific plan to eliminate supply chain 

vulnerability by the earliest date practicable. 

(c) REPORT.— 

(1) REQUIREMENT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to the congressional committees described in paragraph (2) 

a report containing the findings of the assessment required 

under subsection (a) and the plan developed under subsection 

(b). 

(2) CONGRESSIONAL COMMITTEES.—The congressional committees described in this paragraph are as follows: 

(A) The congressional defense committees. 

(B) The Committee on Science and Technology, the Committee on Financial Services, and the Committee on Ways 

and Means of the House of Representatives. 

(C) The Committee on Energy and Natural Resources, 

the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. 

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

(a) REVIEW REQUIRED.—The Comptroller General of the United 

States shall review the use of the national security exception to full 

and open competition provided in section 2304(c)(6) of title 10, 

United States Code, by the Department of Defense. 

(b) MATTERS REVIEWED.—The review of the use of the national 

security exception required by subsection (a) shall include— 


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(1) the pattern of usage of such exception by acquisition organizations within the Department to determine which organizations are commonly using the exception and the frequency of 

such usage; 

(2) the range of items or services being acquired through the 

use of such exception; 

(3) the process for reviewing and approving justifications involving such exception; 

(4) whether the justifications for use of such exception typically meet the relevant requirements of the Federal Acquisition 

Regulation applicable to the use of such exception; 

(5) issues associated with follow-on procurements for items 

or services acquired using such exception; and 

(6) potential additional instances where such exception could 

be applied and any authorities available to the Department 

other than such exception that could be applied in such instances. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection (a), including a discussion of each of the matters specified in subsection 

(b). The report shall include any recommendations relating to the 

matters reviewed that the Secretary considers appropriate. The report shall be submitted in unclassified form but may include a classified annex. 

SEC. 845. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES 

THAT ARE NOT UNDER FOREIGN OWNERSHIP CONTROL 

OR INFLUENCE MITIGATION. 

(a) REQUIREMENT.—The Secretary of Defense shall develop a 

plan to ensure that covered entities employ and maintain policies 

and procedures that meet requirements under the national industrial security program. In developing the plan, the Secretary shall 

consider whether or not covered entities, or any category of covered 

entities, should be required to establish government security committees similar to those required for companies that are subject to 

foreign ownership control or influence mitigation measures. 

(b) COVERED ENTITY.—A covered entity under this section is an 

entity— 

(1) to which the Department of Defense has granted a facility clearance; and 

(2) that is not subject to foreign ownership control or influence mitigation measures. 

(c) GUIDANCE.—The Secretary of Defense shall issue guidance, 

including appropriate compliance mechanisms, to implement the 

requirement in subsection (a). To the extent determined appropriate by the Secretary, the guidance shall require covered entities, 

or any category of covered entities, to establish government security committees similar to those required for companies that are 

subject to foreign ownership control or influence mitigation measures. 

(d) REPORT.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a 


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report on the plan developed pursuant to subsection (a) and the 

guidance issued pursuant to subsection (c). The report shall specifically address the rationale for the Secretary’s decision on whether 

or not to require covered entities, or any category of covered entities, to establish government security committees similar to those 

required for companies that are subject to foreign ownership control or influence mitigation measures. 

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 

(a) CONTRACT REQUIREMENT.—The Secretary of Defense shall ensure that each contract described in subsection (b) awarded by the 

Department of Defense includes a provision requiring the photovoltaic devices provided under the contract to comply with the Buy 

American Act (41 U.S.C. 10a et seq.), subject to the exceptions to 

that Act provided in the Trade Agreements Act of 1979 (19 U.S.C. 

2501 et seq.) or otherwise provided by law. 

(b) CONTRACTS DESCRIBED.—The contracts described in this subsection include energy savings performance contracts, utility service contracts, land leases, and private housing contracts, to the extent that such contracts result in ownership of photovoltaic devices 

by the Department of Defense. For the purposes of this section, the 

Department of Defense is deemed to own a photovoltaic device if 

the device is— 

(1) installed on Department of Defense property or in a facility owned by the Department of Defense; and 

(2) reserved for the exclusive use of the Department of Defense for the full economic life of the device. 

(c) DEFINITION OF PHOTOVOLTAIC DEVICES.—In this section, the 

term ‘‘photovoltaic devices’’ means devices that convert light directly into electricity through a solid-state, semiconductor process. 

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

Section 2533a(c) of title 10, United States Code, is amended by 

striking ‘‘subsection (b)(1)’’ and inserting ‘‘subsection (b)’’. 

SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS. 

(a) DEFENSE SCIENCE BOARD REVIEW OF ORGANIZATION, TRAINING, AND PLANNING.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a review of Department of Defense 

organization, doctrine, training, and planning for contractor logistics support of contingency operations. 

(b) MATTERS TO BE ADDRESSED.— 

(1) IN GENERAL.—The matters addressed by the review required by subsection (a) shall include, at a minimum, the following: 

(A) Department of Defense policies and procedures for 

planning for contractor logistics support of contingency operations. 

(B) Department organization and staffing for the implementation of such policies and procedures. 

(C) The development of Department doctrine for contractor logistics support of contingency operations. 


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(D) The training of Department military and civilian 

personnel for the planning, management, and oversight of 

contractor logistics support of contingency operations. 

(E) The extent to which the Department should rely 

upon contractor logistics support in future contingency operations, and the risks associated with reliance on such 

support. 

(F) Any logistics support functions for contingency operations for which the Department should establish or retain 

an organic capability. 

(G) The scope and level of detail on contractor logistics 

support of contingency operations that is currently included in operational plans, and that should be included in 

operational plans. 

(H) Contracting mechanisms and contract vehicles that 

are currently used, and should be used, to provide contractor logistics support of contingency operations. 

(I) Department organization and staffing for the management and oversight of contractor logistics support of 

contingency operations. 

(J) Actions that could be taken to improve Department 

management and oversight of contractors providing logistics support of contingency operations. 

(K) The extent to which logistics support of contingency 

operations has been, and should be, provided by subcontractors, and the advantages and disadvantages of reliance upon subcontractors for that purpose. 

(L) The extent to which logistics support of contingency 

operations has been, and should be, provided by local nationals and third country nationals, and the advantages 

and disadvantages of reliance upon such sources for that 

purpose. 

(2) FINDINGS AND RECOMMENDATIONS.—The review required 

by subsection (a) shall include findings and recommendations 

related to— 

(A) legislative or policy guidance to address the matters 

listed in paragraph (1); and 

(B) whether and to what extent the quadrennial defense 

review (conducted pursuant to section 118 of title 10, 

United States Code) or assessments by the Chairman of 

the Joint Chiefs of Staff for the biennial review of the national military strategy (conducted pursuant to section 

153(d) of such title) should be required to address requirements for contractor support of the Armed Forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the 

risks associated with such support. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional 

defense committees a report on the results of the review required 

by subsection (a). The report shall include the findings and recommendations of the Defense Science Board, including such recommendations for legislative or administrative action as the Board 


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considers appropriate, together with any comments the Secretary 

considers appropriate. 

Subtitle F—Improve Acquisition Act 

SEC. 860. SHORT TITLE. 

This subtitle may be cited as the ‘‘Improve Acquisition Act of 

2010’’. 

PART I—DEFENSE ACQUISITION SYSTEM 

SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE DEFENSE 

ACQUISITION SYSTEM. 

(a) MANAGEMENT OF THE DEFENSE ACQUISITION SYSTEM.—Part 

IV of title 10, United States Code, is amended by inserting after 

chapter 148 the following new chapter: 

‘‘CHAPTER 149—DEFENSE ACQUISITION SYSTEM 

‘‘Sec. 

‘‘2545. Definitions. 

‘‘2546. Civilian management of the defense acquisition system. 

‘‘2547. Acquisition-related functions of chiefs of the armed forces. 

‘‘2548. Performance assessments of the defense acquisition system. 

‘‘§ 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. 

‘‘§ 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 


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enumerated and assigned to the Under Secretary elsewhere in this 

title. 

‘‘(b) RESPONSIBILITY OF THE SERVICE ACQUISITION EXECUTIVES.— 

Subject to the direction of the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters pertaining to acquisition, and subject to the authority, direction, and control of the 

Secretary of the military department concerned, a service acquisition executive of a military department shall be responsible for the 

management of elements of the defense acquisition system in that 

military department and shall exercise such control of the system 

and perform such duties as are necessary to ensure the successful 

and efficient operation of such elements of the defense acquisition 

system. 

‘‘§ 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 


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technically mature capability, including key performance 

parameters; or 

‘‘(C) identifies production attributes required for a single 

increment of a program. 

‘‘§ 2548. Performance assessments of the defense acquisition 

system 

‘‘(a) PERFORMANCE ASSESSMENTS REQUIRED.—Not later than 180 

days after the date of the enactment of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011, the Secretary of 

Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Director of Procurement and 

Acquisition Policy, and the Director of the Office of Performance 

Assessment and Root Cause Analysis, shall issue guidance, with 

detailed implementation instructions, for the Department of Defense to provide for periodic independent performance assessments 

of elements of the defense acquisition system for the purpose of— 

‘‘(1) determining the extent to which such elements of the defense acquisition system deliver value to the Department of 

Defense, taking into consideration the performance elements 

identified in subsection (b); 

‘‘(2) assisting senior officials of the Department of Defense in 

identifying and developing lessons learned from best practices 

and shortcomings in the performance of such elements of the 

defense acquisition system; and 

‘‘(3) assisting senior officials of the Department of Defense in 

developing acquisition workforce excellence under section 

1701a of this title 

‘‘(b) AREAS CONSIDERED IN PERFORMANCE ASSESSMENTS.—(1) 

Each performance assessment conducted pursuant to subsection (a) 

shall consider, at a minimum— 

‘‘(A) the extent to which acquisitions conducted by the element of the defense acquisition system under review meet applicable cost, schedule, and performance objectives; and 

‘‘(B) the staffing and quality of the acquisition workforce and 

the effectiveness of the management of the acquisition workforce, including workforce incentives and career paths. 

‘‘(2) The Secretary of Defense shall ensure that the performance 

assessments required by this section are appropriately tailored to 

reflect the diverse nature of the work performed by each element 

of the defense acquisition system. In addition to the mandatory 

areas under paragraph (1), a performance assessment may consider, as appropriate, specific areas of acquisition concern, such 

as— 

‘‘(A) the selection of contractors, including— 

‘‘(i) the extent of competition and the use of exceptions 

to competition requirements; 

‘‘(ii) compliance with Department of Defense policies regarding the participation of small business concerns and 

various categories of small business concerns, including 

the use of contract bundling and the availability of nonbundled contract vehicles; 

‘‘(iii) the quality of market research; 


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‘‘(iv) the effective consideration of contractor past performance; and 

‘‘(v) the number of bid protests, the extent to which such 

bid protests have been successful, and the reasons for such 

success; 

‘‘(B) the negotiation of contracts, including— 

‘‘(i) the appropriate application of section 2306a of this 

title (relating to truth in negotiations); 

‘‘(ii) the appropriate use of contract types appropriate to 

specific procurements; 

‘‘(iii) the appropriate use of performance requirements; 

‘‘(iv) the appropriate acquisition of technical data and 

other rights and assets necessary to support long-term 

sustainment and follow-on procurement; and 

‘‘(v) the timely definitization of any undefinitized contract actions; and 

‘‘(C) the management of contractor performance, including— 

‘‘(i) the assignment of appropriately qualified contracting 

officer representatives and other contract management 

personnel; 

‘‘(ii) the extent of contract disputes, the reasons for such 

disputes, and the extent to which they have been successfully addressed; 

‘‘(iii) the appropriate consideration of long-term 

sustainment and energy efficiency objectives; and 

‘‘(iv) the appropriate use of integrated testing. 

‘‘(c) CONTENTS OF GUIDANCE.—The guidance issued pursuant to 

subsection (a) shall ensure that each element of the defense acquisition system is subject to a performance assessment under this 

section not less often than once every four years, and shall address, 

at a minimum— 

‘‘(1) the designation of elements of the defense acquisition 

system that are subject to performance assessment at an organizational level that ensures such assessments can be performed in an efficient and integrated manner; 

‘‘(2) the frequency with which such performance assessments 

should be conducted; 

‘‘(3) goals, standards, tools, and metrics for use in conducting 

performance assessments; 

‘‘(4) the composition of the teams designated to perform performance assessments; 

‘‘(5) any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments; 

‘‘(6) procedures for tracking the implementation of recommendations made pursuant to performance assessments; 

‘‘(7) procedures for developing and disseminating lessons 

learned from performance assessments; and 

‘‘(8) procedures for ensuring that information from performance assessments are retained electronically and are provided 

in a timely manner to the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of the Office of Performance Assessment and Root Cause Analysis as 

needed to assist them in performing their responsibilities 

under this section. 


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‘‘(d) PERFORMANCE GOALS UNDER GOVERNMENT PERFORMANCE

RESULTS ACT OF 1993.—Beginning with fiscal year 2012, the annual performance plan prepared by the Department of Defense pursuant to section 1115 of title 31 shall include appropriate performance goals for elements of the defense acquisition system. 

‘‘(e) REPORTING REQUIREMENTS.—Beginning with fiscal year 

2012— 

‘‘(1) the annual report prepared by the Secretary of Defense 

pursuant to section 1116 of title 31, United States Code, shall 

address the Department’s success in achieving performance 

goals established pursuant to such section for elements of the 

defense acquisition system; and 

‘‘(2) the annual report prepared by the Director of the Office 

of Performance Assessment and Root Cause Analysis pursuant 

to section 103(f) of the Weapon Systems Acquisition Reform 

Act of 2009 (10 U.S.C. 2430 note), shall include information on 

the activities undertaken by the Department pursuant to such 

section, including a summary of significant findings or recommendations arising out of performance assessments.’’. 

(b) CLERICAL AMENDMENTS.—The table of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by inserting 

after the item relating to chapter 148 the following new item: 

‘‘149. Defense Acquisition System .................................................................. 2545’’. 

SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES 

INTEGRATION AND DEVELOPMENT SYSTEM. 

(a) REPORT REQUIRED.—The Comptroller General of the United 

States shall carry out a comprehensive review of the Joint Capabilities Integration and Development System (in this section referred to as ‘‘JCIDS’’). Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to the 

congressional defense committees a report on the review and include in such report any recommendations the Comptroller General 

considers necessary and advisable to improve or replace JCIDS. 

(b) CONTENT OF THE REVIEW.— 

(1) PURPOSE.—The purpose of the review required by subsection (a) is to evaluate the effectiveness of JCIDS in achieving the following objectives: 

(A) Timeliness in delivering capability to the warfighter. 

(B) Efficient use of the investment resources of the Department of Defense. 

(C) Control of requirements creep. 

(D) Responsiveness to changes occurring after the approval of a requirements document (including changes to 

the threat environment, the emergence of new capabilities, 

or changes in the resources estimated to procure or sustain 

a capability). 

(E) Development of the personnel skills, capacity, and 

training needed for an effective and efficient requirements 

process. 

(2) MATTERS CONSIDERED.—In performing the review, the 

Comptroller General shall gather information on and consider 

the following matters: 


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(A) The time that requirements documents take to receive approval through JCIDS. 

(B) The quality of cost information considered in JCIDS 

and the extent of its consideration. 

(C) The extent to which JCIDS establishes a meaningful 

level of priority for requirements. 

(D) The extent to which JCIDS is considering trade-offs 

between cost, schedule, and performance objectives. 

(E) The quality of information on sustainment considered in JCIDS and the extent to which sustainment information is considered. 

(F) An evaluation of the advantages and disadvantages 

of designating a commander of a unified combatant command for each requirements document for which the Joint 

Requirements Oversight Council is the validation authority to provide a joint evaluation task force to participate in 

a materiel solution and to— 

(i) provide input to the analysis of alternatives; 

(ii) participate in testing (including limited user 

tests and prototype testing); 

(iii) provide input on a concept of operations and 

doctrine; 

(iv) provide end user feedback to the resource sponsor; and 

(v) participate, through the combatant commander 

concerned, in any alteration of the requirement for 

such solution. 

(c) DEFINITIONS.—In this section: 

(1) JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.—The term ‘‘Joint Capabilities Integration and Development System’’ means the system for the assessment, review, 

validation, and approval of joint warfighting requirements that 

is described in Chairman of the Joint Chiefs of Staff Instruction 3170.01G 

(2) REQUIREMENTS DOCUMENT.—The term ‘‘requirements document’’ means a document produced in JCIDS that is provided 

for an acquisition program to guide the subsequent development, production, and testing of the program and that— 

(A) justifies the need for a materiel approach, or an approach that is a combination of materiel and non-materiel, 

to satisfy one or more specific capability gaps; 

(B) details the information necessary to develop an increment of militarily useful, logistically supportable, and 

technically mature capability, including key performance 

parameters; or 

(C) identifies production attributes required for a single 

increment of a program. 

(3) REQUIREMENTS CREEP.—The term ‘‘requirements creep’’ 

means the addition of new technical or operational specifications after a requirements document is approved. 

(4) MATERIEL SOLUTION.—The term ‘‘materiel solution’’ 

means the development, acquisition, procurement, or fielding 

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essary to equip, operate, maintain, and support military activities. 

SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES. 

(a) ESTABLISHMENT OF REQUIREMENTS PROCESSES FOR THE ACQUISITION OF SERVICES.—The Secretary of Defense shall ensure 

that the military departments and Defense Agencies each establish 

a process for identifying, assessing, reviewing, and validating requirements for the acquisition of services. 

(b) OPERATIONAL REQUIREMENTS.—With regard to requirements 

for the acquisition of services in support of combatant commands 

and military operations, the Secretary shall ensure— 

(1) that the Chief of Staff of the Army, the Chief of Naval 

Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps implement and bear chief responsibility for carrying out, within the Armed Force concerned, the process established pursuant to subsection (a) for 

such Armed Force; and 

(2) that commanders of unified combatant commands and 

other officers identified or designated as joint qualified officers 

have an opportunity to participate in the process of each military department to provide input on joint requirements for the 

acquisition of services. 

(c) SUPPORTING REQUIREMENTS.—With regard to requirements 

for the acquisition of services not covered by subsection (b), the 

Secretary shall ensure that the secretaries of the military departments and the heads of the Defense Agencies implement and bear 

chief responsibility for carrying out, within the military department 

or Defense Agency concerned, the process established pursuant to 

subsection (a) for such military department or Defense Agency. 

(d) IMPLEMENTATION PLANS REQUIRED.—The Secretary shall ensure that an implementation plan is developed for each process established pursuant to subsection (a) that addresses, at a minimum, 

the following: 

(1) The organization of such process. 

(2) The level of command responsibility required for identifying, assessing, reviewing, and validating requirements for 

the acquisition of services in accordance with the requirements 

of this section and the categories established under section 

2330(a)(1)(C) of title 10, United States Code. 

(3) The composition of positions necessary to operate such 

process. 

(4) The training required for personnel engaged in such process. 

(5) The relationship between doctrine and such process. 

(6) Methods of obtaining input on joint requirements for the 

acquisition of services. 

(7) Procedures for coordinating with the acquisition process. 

(8) Considerations relating to opportunities for strategic 

sourcing. 

(e) MATTERS REQUIRED IN IMPLEMENTATION PLAN.—Each plan required under subsection (d) shall provide for initial implementation 

of a process for identifying, assessing, reviewing, and validating requirements for the acquisition of services not later than one year 


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after the date of the enactment of this Act and shall provide for full 

implementation of such process at the earliest date practicable. 

(f) CONSISTENCY WITH JOINT GUIDANCE.—Whenever, at any time, 

guidance is issued by the Chairman of the Joint Chiefs of Staff relating to requirements for the acquisition of services in support of 

combatant commands and military operations, each process established pursuant to subsection (a) shall be revised in accordance 

with such joint guidance. 

(g) DEFINITION.—The term ‘‘requirements for the acquisition of 

services’’ means objectives to be achieved through acquisitions primarily involving the procurement of services. 

(h) REVIEW OF SUPPORTING REQUIREMENTS TO IDENTIFY SAV- INGS.—The secretaries of the military departments and the heads 

of the Defense Agencies shall review and validate each requirement 

described in subsection (c) with an anticipated cost in excess of 

$10,000,000 with the objective of identifying unneeded or low priority requirements that can be reduced or eliminated, with the savings transferred to higher priority objectives. Savings identified 

and transferred to higher priority objectives through review and revalidation under this subsection shall count toward the savings objectives established in the June 4, 2010, guidance of the Secretary 

of Defense on improved operational efficiencies and the annual reduction in funding for service support contractors required by the 

August 16, 2010, guidance of the Secretary of Defense on efficiency 

initiatives. As provided by the Secretary, cost avoidance shall not 

count toward these objectives. 

(i) EXTENSION OF AUTHORITY.—Subsection (e) of section 834 of 

the National Defense Authorization Act for Fiscal Years 1990 and 

1991 (15 U.S.C. 637 note) is amended by striking ‘‘September 30, 

2010’’ and inserting ‘‘December 31, 2011’’. 

SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE. 

(a) REVIEW OF GUIDANCE.—The Secretary of Defense shall review 

the acquisition guidance of the Department of Defense, including, 

at a minimum, the guidance contained in Department of Defense 

Instruction 5000.02 entitled ‘‘Operation of the Defense Acquisition 

System’’. 

(b) MATTERS CONSIDERED.—The review performed under subsection (a) shall consider— 

(1) the extent to which the acquisition of commercial goods 

and commodities, commercial and military unique services, and 

information technology should be addressed in Department of 

Defense Instruction 5000.02 and other guidance primarily relating to the acquisition of weapon systems, or should be addressed in separate instructions and guidance; 

(2) whether long-term sustainment and energy efficiency of 

weapon systems is appropriately emphasized; 

(3) whether appropriate mechanisms exist to communicate 

information relating to the mission needs of the Department of 

Defense to the industrial base in a way that allows the industrial base to make appropriate investments in infrastructure, 

capacity, and technology development to help meet such needs; 

(4) the extent to which earned value management should be 

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formance should be included in any earned value management 

system; and 

(5) such other matters as the Secretary considers appropriate. 

(c) REPORT.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing any changes in the acquisition guidance of the Department of Defense identified during the review required by subsection (a), and any actions taken, or planned to be 

taken, to implement such changes. 

SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES ACQUISITION THROUGHOUT THE FEDERAL ACQUISITION 

REGULATION AND THE DEFENSE FEDERAL ACQUISITION 

REGULATION SUPPLEMENT. 

(a) REVIEW REQUIRED.—The Secretary of Defense, in consultation 

with the Administrator for Federal Procurement Policy and the 

heads of such other Federal agencies as the Secretary considers appropriate, shall review the Federal Acquisition Regulation and the 

Defense Federal Acquisition Regulation Supplement to ensure that 

such regulations include appropriate guidance for and references to 

services acquisition that are in addition to references provided in 

part 37 and the Defense Supplement to part 37. 

(b) MATTERS CONSIDERED.—The review required by subsection 

(a) shall consider the extent to which additional guidance is needed— 

(1) to provide the tools and processes needed to assist contracting officials in addressing the full range of complexities 

that can arise in the acquisition of services; and 

(2) to enhance and support the procurement and project 

management community in all aspects of the process for the 

acquisition of services, including requirements development, 

assessment of reasonableness, and post-award management 

and oversight. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing— 

(1) a summary of the findings of the review required by subsection (a); and 

(2) any recommendations that the Secretary may have for 

changes to the Federal Acquisition Regulation and the Defense 

Federal Acquisition Regulation Supplement to address such 

findings, including identifying any changes that are necessary 

to improve part 37 (which specifically addresses services acquisitions). 

SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE 

NONDEVELOPMENTAL ITEMS. 

(a) PILOT PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense may carry out a 

pilot program to assess the feasability and advisability of acquiring military purpose nondevelopmental items in accordance with this section. 


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(2) SCOPE OF PROGRAM.—Under the pilot program, the Secretary may enter into contracts with nontraditional defense 

contractors for the acquisition of military purpose nondevelopmental items in accordance with the requirements set forth in 

subsection (b). 

(b) CONTRACT REQUIREMENTS.—Each contract entered into under 

the pilot program— 

(1) shall be a firm, fixed price contract, or a firm, fixed price 

contract with an economic price adjustment clause awarded 

using competitive procedures in accordance with chapter 137 of 

title 10, United States Code; 

(2) shall be in an amount not in excess of $50,000,000, including all options; 

(3) shall provide— 

(A) for the delivery of an initial lot of production quantities of completed items not later than nine months after 

the date of the award of such contract; and 

(B) that failure to make delivery as provided for under 

subparagraph (A) may result in the termination of such 

contract for default; and 

(4) shall be— 

(A) exempt from the requirement to submit certified cost 

or pricing data under section 2306a of title 10, United 

States Code, and the cost accounting standards under section 26 of the Office of Federal Procurement Policy Act (41 

U.S.C. 422); and 

(B) subject to the requirement to provide data other than 

certified cost or pricing data for the purpose of price reasonableness determinations, as provided in section 

2306a(d) of title 10, United States Code. 

(c) REGULATIONS.—If the Secretary establishes the pilot program 

authorized under subsection (a), the Secretary shall prescribe regulations governing such pilot program. Such regulations shall be included in regulations of the Department of Defense prescribed as 

part of the Federal Acquisition Regulation and shall include the 

contract clauses and procedures necessary to implement such program. 

(d) REPORTS.— (1) REPORTS ON PROGRAM ACTIVITIES.—Not later than 60 

days after the end of any fiscal year in which the pilot program 

is in effect, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report 

shall be in unclassified form but may include a classified 

annex. Each report shall include, for each contract entered into 

under the pilot program in the preceding fiscal year, the following: 

(A) The contractor. 

(B) The item or items to be acquired. 

(C) The military purpose to be served by such item or 

items. 

(D) The amount of the contract. 

(E) The actions taken by the Department of Defense to 

ensure that the price paid for such item or items is fair 

and reasonable. 


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(2) PROGRAM ASSESSMENT.—If the Secretary establishes the 

pilot program authorized under subsection (a), not later than 

four years after the date of the enactment of this Act, the 

Comptroller General of the United States shall submit to the 

congressional defense committees a report setting forth the assessment of the Comptroller General of the extent to which the 

pilot program— 

(A) enabled the Department to acquire items that otherwise might not have been available to the Department; 

(B) assisted the Department in the rapid acquisition and 

fielding of capabilities needed to meet urgent operational 

needs; and 

(C) protected the interests of the United States in paying 

fair and reasonable prices for the item or items acquired. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘military purpose nondevelopmental item’’ 

means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible 

program manager, and has been developed exclusively at private expense. For purposes of this paragraph, an item shall not 

be considered to be developed exclusively at private expense if 

development of the item was paid for in whole or in part 

through— 

(A) independent research and development costs or bid 

and proposal costs that have been reimbursed directly or 

indirectly by a Federal agency or have been submitted to 

a Federal agency for reimbursement; or 

(B) foreign government funding. 

(2) The term ‘‘nondevelopmental item’’— 

(A) has the meaning given that term in section 4(13) of 

the Office of Federal Procurement Policy Act (41 U.S.C. 

403(13)); and 

(B) also includes previously developed items of supply 

that require modifications other than those customarily 

available in the commercial marketplace if such modifications are consistent with the requirement in subsection 

(b)(3)(A). 

(3) The term ‘‘nontraditional defense contractor’’ has the 

meaning given that term in section 2302(9) of title 10, United 

States Code (as added by subsection (g)). 

(4) The terms ‘‘independent research and developments 

costs’’ and ‘‘bid and proposal costs’’ have the meaning given 

such terms in section 31.205–18 of the Federal Acquisition 

Regulation. 

(f) SUNSET.— 

(1) IN GENERAL.—The authority to carry out the pilot program shall expire on the date that is five years after the date 

of the enactment of this Act. 

(2) CONTINUATION OF CURRENT CONTRACTS.—The expiration 

under paragraph (1) of the authority to carry out the pilot program shall not affect the validity of any contract awarded 

under the pilot program before the date of the expiration of the 

pilot program under that paragraph. 


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(g) STATUTORY DEFINITION OF NONTRADITIONAL DEFENSE CON- TRACTOR.— (1) NONTRADITIONAL DEFENSE CONTRACTOR.—Section 2302 of 

title 10, United States Code, is amended by adding at the end 

the following: 

‘‘(9) The term ‘nontraditional defense contractor’, with respect to a procurement or with respect to a transaction authorized under section 2371(a) of this title, means an entity that 

is not currently performing and has not performed, for at least 

the one-year period preceding the solicitation of sources by the 

Department of Defense for the procurement or transaction, any 

of the following for the Department of Defense: 

‘‘(A) Any contract or subcontract that is subject to full 

coverage under the cost accounting standards prescribed 

pursuant to section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422) and the regulations implementing such section. ‘‘(B) Any other contract in excess of $500,000 under 

which the contractor is required to submit certified cost or 

pricing data under section 2306a of this title.’’. 

(2) CONFORMING AMENDMENT.—Section 845(f) of the National 

Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 

note) is amended to read as follows: 

‘‘(f) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED.—In this 

section, the term ‘nontraditional defense contractor’ has the meaning provided by section 2302(9) of title 10, United States Code.’’. 

PART II—DEFENSE ACQUISITION WORKFORCE 

SEC. 871. ACQUISITION WORKFORCE EXCELLENCE. 

(a) ACQUISITION WORKFORCE EXCELLENCE.—Subchapter I of 

chapter 87 of title 10, United States Code, is amended by inserting 

after section 1701 the following new section: 

‘‘§ 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; 


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‘‘(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give 

members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in section 2545 of this 

title); 

‘‘(3) to the extent appropriate, use the lessons learned from 

the acquisition demonstration project carried out under section 

1762 of this title related to contribution-based compensation 

and appraisal, and how those lessons may be applied within 

the General Schedule system; 

‘‘(4) develop attractive career paths; 

‘‘(5) encourage continuing education and training; 

‘‘(6) develop appropriate procedures for warnings during performance evaluations for members of the acquisition workforce 

who consistently fail to meet performance standards; 

‘‘(7) take full advantage of the Defense Civilian Leadership 

Program established under section 1112 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2496; 10 U.S.C. 1580 note prec.); 

‘‘(8) use the authorities for highly qualified experts under 

section 9903 of title 5, to hire experts who are skilled acquisition professionals to— 

‘‘(A) serve in leadership positions within the acquisition 

workforce to strengthen management and oversight; 

‘‘(B) provide mentors to advise individuals within the acquisition workforce on their career paths and opportunities 

to advance and excel within the acquisition workforce; and 

‘‘(C) assist with the design of education and training 

courses and the training of individuals in the acquisition 

workforce; and 

‘‘(9) use the authorities for expedited security clearance processing pursuant to section 1564 of this title. 

‘‘(c) NEGOTIATIONS.—Any action taken by the Secretary under 

this section, or to implement this section, shall be subject to the requirements of chapter 71 of title 5. 

‘‘(d) REGULATIONS.—Any rules or regulations prescribed pursuant 

to this section shall be deemed an agency rule or regulation under 

section 7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1) of such 

title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1701 the following new item: 

‘‘1701a. Management for acquisition workforce excellence.’’. 

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

(a) CODIFICATION INTO TITLE 10.— 

(1) IN GENERAL.—Chapter 87 of title 10, United States Code, 

is amended by inserting after section 1761 the following new 

section: 


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‘‘§ 1762. Demonstration project relating to certain acquisition personnel management policies and procedures 

‘‘(a) COMMENCEMENT.—The Secretary of Defense is authorized to 

carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that 

apply with respect to the acquisition workforce of the Department 

of Defense and supporting personnel assigned to work directly with 

the acquisition workforce. 

‘‘(b) TERMS AND CONDITIONS.—(1) Except as otherwise provided 

in this subsection, any demonstration project described in subsection (a) shall be subject to section 4703 of title 5 and all other 

provisions of such title that apply with respect to any demonstration project under such section. 

‘‘(2) Subject to paragraph (3), in applying section 4703 of title 5 

with respect to a demonstration project described in subsection 

(a)— 

‘‘(A) ‘180 days’ in subsection (b)(4) of such section shall be 

deemed to read ‘120 days’; 

‘‘(B) ‘90 days’ in subsection (b)(6) of such section shall be 

deemed to read ‘30 days’; and 

‘‘(C) subsection (d)(1) of such section shall be disregarded. 

‘‘(3) Paragraph (2) shall not apply with respect to a demonstration project unless— 

‘‘(A) for each organization or team participating in the demonstration project— 

‘‘(i) at least one-third of the workforce participating in 

the demonstration project consists of members of the acquisition workforce; and 

‘‘(ii) at least two-thirds of the workforce participating in 

the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to 

work directly with the acquisition workforce; and 

‘‘(B) the demonstration project commences before October 1, 

2007. 

‘‘(c) LIMITATION ON NUMBER OF PARTICIPANTS.—The total number 

of persons who may participate in the demonstration project under 

this section may not exceed 120,000. 

‘‘(d) EFFECT OF REORGANIZATIONS.—The applicability of paragraph (2) of subsection (b) to an organization or team shall not terminate by reason that the organization or team, after having satisfied the conditions in paragraph (3) of such subsection when it 

began to participate in a demonstration project under this section, 

ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, restructuring, realignment, consolidation, or other organizational 

change. 

‘‘(e) ASSESSMENTS.—(1) The Secretary of Defense shall designate 

an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection 

(a). 

‘‘(2) Each such assessment shall include the following: 

‘‘(A) A description of the workforce included in the project. 


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‘‘(B) An explanation of the flexibilities used in the project to 

appoint individuals to the acquisition workforce and whether 

those appointments are based on competitive procedures and 

recognize veteran’s preferences. 

‘‘(C) An explanation of the flexibilities used in the project to 

develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement. 

‘‘(D) The steps taken to ensure that such system is fair and 

transparent for all employees in the project. 

‘‘(E) How the project allows the organization to better meet 

mission needs. 

‘‘(F) An analysis of how the flexibilities in subparagraphs (B) 

and (C) are used, and what barriers have been encountered 

that inhibit their use. 

‘‘(G) Whether there is a process for— 

‘‘(i) ensuring ongoing performance feedback and dialogue 

among supervisors, managers, and employees throughout 

the performance appraisal period; and 

‘‘(ii) setting timetables for performance appraisals. 

‘‘(H) The project’s impact on career progression. 

‘‘(I) The project’s appropriateness or inappropriateness in 

light of the complexities of the workforce affected. 

‘‘(J) The project’s sufficiency in terms of providing protections 

for diversity in promotion and retention of personnel. 

‘‘(K) The adequacy of the training, policy guidelines, and 

other preparations afforded in connection with using the 

project. 

‘‘(L) Whether there is a process for ensuring employee involvement in the development and improvement of the project. 

‘‘(3) The first assessment under this subsection shall be completed not later than September 30, 2012. The second and final assessment shall be completed not later than September 30, 2016. 

The Secretary shall submit to the covered congressional committees 

a copy of each assessment within 30 days after receipt by the Secretary of the assessment. 

‘‘(f) COVERED CONGRESSIONAL COMMITTEES.—In this section, the 

term ‘covered congressional committees’ means— 

‘‘(1) the Committees on Armed Services of the Senate and 

the House of Representatives; 

‘‘(2) the Committee on Homeland Security and Governmental 

Affairs of the Senate; and 

‘‘(3) the Committee on Oversight and Government Reform of 

the House of Representatives. 

‘‘(g) TERMINATION OF AUTHORITY.—The authority to conduct a 

demonstration program under this section shall terminate on September 30, 2017. 

‘‘(h) CONVERSION.—Within 6 months after the authority to conduct a demonstration project under this section is terminated as 

provided in subsection (g), employees in the project shall convert to 

the civilian personnel system created pursuant to section 9902 of 

title 5.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter V of chapter 87 of title 10, United States 


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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: 

‘‘§ 1722b. Special requirements for civilian employees in the 

acquisition field 

‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING CIVILIAN PERSONNEL IN ACQUISITION.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish policies and issue guidance to 

ensure the proper development, assignment, and employment of civilian members of the acquisition workforce to achieve the objectives specified in subsection (b). 

‘‘(b) OBJECTIVES.—Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following: 

‘‘(1) A career path in the acquisition field that attracts the 

highest quality civilian personnel, from either within or outside 

the Federal Government. 

‘‘(2) A deliberate workforce development strategy that increases attainment of key experiences that contribute to a 

highly qualified acquisition workforce. 

‘‘(3) Sufficient opportunities for promotion and advancement 

in the acquisition field. 

‘‘(4) A sufficient number of qualified, trained members eligible for and active in the acquisition field to ensure adequate 

capacity, capability, and effective succession for acquisition 

functions, including contingency contracting, of the Department of Defense. 

‘‘(5) A deliberate workforce development strategy that ensures diversity in promotion, advancement, and experiential 

opportunities commensurate with the general workforce outlined in this section. 

‘‘(c) INCLUSION OF INFORMATION IN ANNUAL REPORT.—The Secretary of Defense shall include in the report to Congress required 

under section 115b(d) of this title the following information related 

to the acquisition workforce for the period covered by the report 

(which shall be shown for the Department of Defense as a whole 

and separately for the Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the Secretary of Defense): 

‘‘(1) The total number of persons serving in the Acquisition 

Corps, set forth separately for members of the armed forces 

and civilian employees, by grade level and by functional specialty. 


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‘‘(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-thejob training and demonstration of qualifications in the critical acquisition-related duties and tasks of the career path. The Secretary 

of Defense, acting through the Under Secretary, shall also— 

‘‘(1) encourage individuals in the acquisition workforce to 

maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-developmental activities; and 

‘‘(2) develop key work experiences, including the creation of 

a program sponsored by the Department of Defense that facilitates the periodic interaction between individuals in the acquisition workforce and the end user in such end user’s environment to enhance the knowledge base of such workforce, for individuals in the acquisition workforce so that the individuals 

may gain in-depth knowledge and experience in the acquisition 

process and become seasoned, well-qualified members of the 

acquisition workforce.’’. 


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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: 

‘‘§ 1748. Fulfillment standards for acquisition workforce 

training 

‘‘The Secretary of Defense, acting through the Under Secretary 

of Defense for Acquisition, Technology, and Logistics, shall develop 

fulfillment standards, and implement and maintain a program, for 

purposes of the training requirements of sections 1723, 1724, and 

1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses 

required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is 

fulfilled.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end 

the following new item: 

‘‘1748. Fulfillment standards for acquisition workforce training.’’. 

(3) DEADLINE FOR FULFILLMENT STANDARDS.—The fulfillment 

standards required under section 1748 of title 10, United 

States Code, as added by paragraph (1), shall be developed not 

later than 270 days after the date of the enactment of this Act. 

(4) CONFORMING REPEAL.—Section 853 of Public Law 105–85 

(111 Stat. 1851) is repealed. 

SEC. 875. INFORMATION TECHNOLOGY ACQUISITION WORKFORCE. 

(a) PLAN REQUIRED.—The Secretary of Defense shall develop and 

carry out a plan to strengthen the part of the acquisition workforce 


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that specializes in information technology. The plan shall include 

the following: 

(1) Defined targets for billets devoted to information technology acquisition. 

(2) Specific certification requirements for individuals in the 

acquisition workforce who specialize in information technology 

acquisition. 

(3) Defined career paths for individuals in the acquisition 

workforce who specialize in information technology acquisitions. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘information technology’’ has the meaning provided such term in section 11101 of title 40, United States 

Code, and includes information technology incorporated into a 

major weapon system. 

(2) The term ‘‘major weapon system’’ has the meaning provided such term in section 2379(f) of title 10, United States 

Code. 

(c) DEADLINE.—The Secretary of Defense shall develop the plan 

required under this section not later than 270 days after the date 

of the enactment of this Act. 

SEC. 876. DEFINITION OF ACQUISITION WORKFORCE. 

Section 101(a) of title 10, United States Code, is amended by inserting after paragraph (17) the following new paragraph: 

‘‘(18) The term ‘acquisition workforce’ means the persons 

serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721(a) of this title.’’. 

SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW. 

(a) CURRICULUM REVIEW.—Not later than one year after the date 

of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall lead a review of the curriculum offered by the Defense Acquisition University to ensure it 

adequately supports the training and education requirements of acquisition professionals, particularly in service contracting, long 

term sustainment strategies, information technology, and rapid acquisition. The review shall also involve the service acquisition executives of each military department. 

(b) ANALYSIS OF FUNDING REQUIREMENTS FOR TRAINING.—Following the review conducted under subsection (a), the Secretary of 

Defense shall analyze the most recent future-years defense program to determine the amounts of estimated expenditures and proposed appropriations necessary to support the training requirements of the amendments made by section 874, including any new 

training requirements determined after the review conducted under 

subsection (a). The Secretary shall identify any additional funding 

needed for such training requirements in the separate chapter on 

the defense acquisition workforce required in the next annual strategic workforce plan under 115b of title 10, United States Code. 

(c) REQUIREMENT FOR ONGOING CURRICULUM DEVELOPMENT

WITH CERTAIN SCHOOLS.— (1) REQUIREMENT.—Section 1746 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 


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‘‘(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: 

‘‘§ 1746. Defense Acquisition University’’. 

(B) The item relating to section 1746 in the table of sections 

at the beginning of subchapter IV of chapter 87 of such title 

is amended to read as follows: 

‘‘1746. Defense Acquisition University.’’. 

PART III—FINANCIAL MANAGEMENT 

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

(a) INTERIM MILESTONES.— 

(1) REQUIREMENT.—Not later than 90 days after the date of 

the enactment of this Act, the Under Secretary of Defense 

(Comptroller), in consultation with the Deputy Chief Management Officer of the Department of Defense, the secretaries of 

the military departments, and the heads of the defense agencies and defense field activities, shall establish interim milestones for achieving audit readiness of the financial statements 

of the Department of Defense, consistent with the requirements of section 1003 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2439; 

10 U.S.C. 2222 note). 

(2) MATTERS INCLUDED.—The interim milestones established 

pursuant to paragraph (1) shall include, at a minimum, for 

each military department and for the defense agencies and defense field activities— 

(A) an interim milestone for achieving audit readiness 

for each major element of the statement of budgetary resources, including civilian pay, military pay, supply orders, 

contracts, and funds balance with the Treasury; and 

(B) an interim milestone for addressing the existence 

and completeness of each major category of Department of 

Defense assets, including military equipment, real property, inventory, and operating material and supplies. 

(3) DESCRIPTION IN SEMIANNUAL REPORTS.—The Under Secretary shall describe each interim milestone established pursuant to paragraph (1) in the next semiannual report submitted 

pursuant to section 1003(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2439; 10 U.S.C. 2222 note). Each subsequent semiannual report submitted pursuant to section 1003(b) shall explain how 

the Department has progressed toward meeting such interim 

milestones. 

(b) VALUATION OF DEPARTMENT OF DEFENSE ASSETS.— 


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(1) REQUIREMENT.—Not later than 120 days after the date of 

the enactment of this Act, the Under Secretary of Defense 

(Comptroller) shall, in consultation with other appropriate Federal agencies and officials— 

(A) examine the costs and benefits of alternative approaches to the valuation of Department of Defense assets; 

(B) select an approach to such valuation that is consistent with principles of sound financial management and 

the conservation of taxpayer resources; and 

(C) begin the preparation of a business case analysis 

supporting the selected approach. 

(2) The Under Secretary shall include information on the alternatives considered, the selected approach, and the business 

case analysis supporting that approach in the next semiannual 

report submitted pursuant to section 1003(b) of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2439; 10 U.S.C. 2222 note). 

(c) REMEDIAL ACTIONS REQUIRED.—In the event that the Department of Defense, or any component of the Department of Defense, 

is unable to meet an interim milestone established pursuant to 

subsection (a), the Under Secretary of Defense (Comptroller) 

shall— 

(1) develop a remediation plan to ensure that— 

(A) the component will meet the interim milestone no 

more than one year after the originally scheduled date; 

and 

(B) the component’s failure to meet the interim milestone will not have an adverse impact on the Department’s 

ability to carry out the plan under section 1003(a) of the 

National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 note); 

and 

(2) include in the next semiannual report submitted pursuant to section 1003(b) of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2439; 

10 U.S.C. 2222 note)— 

(A) a statement of the reasons why the Department of 

Defense, or component of the Department of Defense, will 

be unable to meet such interim milestone; 

(B) the revised completion date for meeting such interim 

milestone; and 

(C) a description of the actions that have been taken and 

are planned to be taken by the Department of Defense, or 

component of the Department of Defense, to meet such interim milestone. 

(d) INCENTIVES FOR ACHIEVING AUDITABILITY.— 

(1) REVIEW REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall review options for providing appropriate incentives to the military departments, Defense Agencies, and defense field activities to ensure that financial statements are validated as ready for audit earlier than September 

30, 2017. 


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(2) OPTIONS REVIEWED.—The review performed pursuant to 

paragraph (1) shall consider changes in policy that reflect the 

increased confidence that can be placed in auditable financial 

statements, and shall include, at a minimum, consideration of 

the following options: 

(A) Consistent with the need to fund urgent warfighter 

requirements and operational needs, priority in the release 

of appropriated funds. 

(B) Relief from the frequency of financial reporting in 

cases in which such reporting is not required by law. 

(C) Relief from departmental obligation and expenditure 

thresholds to the extent that such thresholds establish requirements more restrictive than those required by law. 

(D) Increases in thresholds for reprogramming of funds. 

(E) Personnel management incentives for the financial 

and business management workforce. 

(F) Such other measures as the Under Secretary considers appropriate. 

(3) REPORT.—The Under Secretary shall include a discussion 

of the review performed pursuant to paragraph (1) in the next 

semiannual report pursuant to section 1003(b) of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2439; 10 U.S.C. 2222 note) and for each option considered pursuant to paragraph (2) shall include— 

(A) an assessment of the extent to which the implementation of the option— 

(i) would be consistent with the efficient operation of 

the Department of Defense and the effective funding of 

essential Department of Defense programs and activities; and 

(ii) would contribute to the achievement of Department of Defense goals to prepare auditable financial 

statements; and 

(B) a recommendation on whether such option should be 

adopted, a schedule for implementing the option if adoption is recommended, or a reason for not recommending 

the option if adoption is not recommended. 

SEC. 882. REVIEW OF OBLIGATION AND EXPENDITURE THRESHOLDS. 

(a) PROCESS REVIEW.—Not later than one year after the date of 

the enactment of this Act, the Chief Management Officer of the Department of Defense, in coordination with the Chief Management 

Officer of each military department, the Director of the Office of 

Performance Assessment and Root Cause Analysis, the Under Secretary of Defense (Comptroller), and the Comptrollers of the military departments, shall complete a comprehensive review of the 

use and value of obligation and expenditure benchmarks and propose new benchmarks or processes for tracking financial performance, including, as appropriate— 

(1) increased reliance on individual obligation and expenditure plans for measuring program financial performance; 

(2) mechanisms to improve funding stability and to increase 

the predictability of the release of funding for obligation and 

expenditure; and 


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(3) streamlined mechanisms for a program manager to submit an appeal for funding changes and to have such appeal 

evaluated promptly. 

(b) TRAINING.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Under Secretary of Defense 

(Comptroller) shall ensure that, as part of the training required for 

program managers and business managers, an emphasis is placed 

on obligating and expending appropriated funds in a manner that 

achieves the best value for the Government and that the purpose 

and limitations of obligation and expenditure benchmarks are 

made clear. 

(c) REPORT.—The Deputy Chief Management Officer of the Department of Defense shall include a report on the results of the review under this section in the next update of the strategic management plan transmitted to the Committees on Armed Services of the 

Senate and the House of Representatives under section 904(d) of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 275; 10 U.S.C. note prec. 2201) after the 

completion of the review. 

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

(a) REPORT.— 

(1) REQUIREMENT.—Not later than September 30, 2011, the 

Comptroller General of the United States shall submit to the 

Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a 

detailed report on the additional cost to the Department of Defense associated with compliance with the Patient Protection 

and Affordable Care Act (Public Law 111–148) and the Health 

Care and Education Reconciliation Act of 2010 (Public Law 

111–152). 

(2) MATTERS COVERED.—The report required by paragraph 

(1) shall include an estimate of— 

(A) the additional costs, if any, incurred on health care 

contracts to comply with such Acts; and 

(B) any other additional costs to the Department of Defense to comply with such Acts. 

(b) HEALTH CARE CONTRACT DEFINED.—In this section, the term 

‘‘health care contract’’ means a contract awarded by the Department of Defense in an amount greater than the simplified acquisition threshold for the acquisition of any of the following: 

(1) Medical supplies. 

(2) Health care services and administration, including the 

services of medical personnel. 

(3) Durable medical equipment. 

(4) Pharmaceuticals. 

(5) Health care-related information technology. 

PART IV—INDUSTRIAL BASE 

SEC. 891. EXPANSION OF THE INDUSTRIAL BASE. 

(a) PROGRAM TO EXPAND INDUSTRIAL BASE REQUIRED.—The Secretary of Defense shall establish a program to expand the indusVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00199 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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trial base of the Department of Defense to increase the Department’s access to innovation and the benefits of competition. 

(b) IDENTIFYING AND COMMUNICATING WITH FIRMS THAT ARE

NOT TRADITIONAL SUPPLIERS.—The program established under subsection (a) shall use tools and resources available within the Federal Government and available from the private sector to provide 

a capability for identifying and communicating with firms that are 

not traditional suppliers, including commercial firms and firms of 

all business sizes, that are engaged in markets of importance to the 

Department of Defense in which such firms can make a significant 

contribution. 

(c) OUTREACH TO LOCAL FIRMS NEAR DEFENSE INSTALLATIONS.— The program established under subsection (a) shall include outreach, using procurement technical assistance centers, to firms of 

all business sizes in the vicinity of Department of Defense installations regarding opportunities to obtain contracts and subcontracts 

to perform work at such installations. 

(d) INDUSTRIAL BASE REVIEW.—The program established under 

subsection (a) shall include a continuous effort to review the industrial base supporting the Department of Defense, including the 

identification of markets of importance to the Department of Defense in which firms that are not traditional suppliers can make a 

significant contribution. 

(e) FIRMS THAT ARE NOT TRADITIONAL SUPPLIERS.—For purposes 

of this section, a firm is not a traditional supplier of the Department of Defense if it does not currently have contracts and subcontracts to perform work for the Department of Defense with a 

total combined value in excess of $500,000. 

(f) PROCUREMENT TECHNICAL ASSISTANCE CENTER.—In this section, the term ‘‘procurement technical assistance center’’ means a 

center operating under a cooperative agreement with the Defense 

Logistics Agency to provide procurement technical assistance pursuant to the authority provided in chapter 142 of title 10, United 

States Code. 

SEC. 892. PRICE TREND ANALYSIS FOR SUPPLIES AND EQUIPMENT 

PURCHASED BY THE DEPARTMENT OF DEFENSE. 

(a) PRICE TREND ANALYSIS PROCEDURES.— 

(1) IN GENERAL.—The Secretary of Defense shall develop and 

implement procedures that, to the maximum extent practicable, provide for the collection and analysis of information 

on price trends for covered supplies and equipment purchased 

by the Department of Defense. The procedures shall include an 

automated process for identifying categories of covered supplies 

and equipment described in paragraph (2) that have experienced significant escalation in prices. 

(2) CATEGORY OF COVERED SUPPLIES AND EQUIPMENT.—A category of covered supplies and equipment referred to in paragraph (1) consists of covered supplies and equipment that have 

the same National Stock Number, are in a single Federal Supply Group or Federal Supply Class, are provided by a single 

contractor, or are otherwise logically grouped for the purpose 

of analyzing information on price trends. 

(3) REQUIREMENT TO EXAMINE CAUSES OF ESCALATION.—An 

analysis conducted pursuant to paragraph (1) shall include, for 


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any category in which significant escalation in prices is identified, a more detailed examination of the causes of escalation 

for such prices within the category and whether such price escalation is consistent across the Department of Defense. 

(4) REQUIREMENT TO ADDRESS UNJUSTIFIED ESCALATION.— 

The head of a Defense Agency or the Secretary of a military 

department shall take appropriate action to address any unjustified escalation in prices being paid for items procured by 

that agency or military department as identified in an analysis 

conducted pursuant to paragraph (1). 

(b) ANNUAL REPORT.—Not later than April 1 of each year, the 

Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of the 

House of Representatives a report on the analyses of price trends 

that were conducted for categories of covered supplies and equipment during the preceding fiscal year under the procedures implemented pursuant to paragraph (1). The report shall include a description of the actions taken to identify and address any unjustified price escalation for the categories of items. 

(c) DEFINITIONS.—In this section: 

(1) SUPPLIES AND EQUIPMENT.—The term ‘‘supplies and 

equipment’’ means items classified as supplies and equipment 

under the Federal Supply Classification System. 

(2) COVERED SUPPLIES AND EQUIPMENT.—The term ‘‘covered 

supplies and equipment’’ means all supplies and equipment 

purchased by the Department of Defense. The term does not 

include major weapon systems but does include individual 

parts and components purchased as spare or replenishment 

parts for such weapon systems. 

(d) SUNSET DATE.—This section shall not be in effect on and after 

April 1, 2015. 

SEC. 893. CONTRACTOR BUSINESS SYSTEMS. 

(a) IMPROVEMENT PROGRAM.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

develop and initiate a program for the improvement of contractor 

business systems to ensure that such systems provide timely, reliable information for the management of Department of Defense 

programs by the contractor and by the Department. 

(b) APPROVAL OR DISAPPROVAL OF BUSINESS SYSTEMS.—The program developed pursuant to subsection (a) shall— 

(1) include system requirements for each type of contractor 

business system covered by the program; 

(2) establish a process for reviewing contractor business systems and identifying significant deficiencies in such systems; 

(3) identify officials of the Department of Defense who are 

responsible for the approval or disapproval of contractor business systems; 

(4) provide for the approval of any contractor business system that does not have a significant deficiency; and 

(5) provide for— 

(A) the disapproval of any contractor business system 

that has a significant deficiency; and 


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(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, performancebased 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 


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of Defense and the contractor to rely upon information produced by the system that is needed for management purposes. 

(g) DEFENSE CONTRACT AUDIT AGENCY LEGAL RESOURCES AND

EXPERTISE.— (1) REQUIREMENT.—The Secretary of Defense shall ensure 

that— 

(A) the Defense Contract Audit Agency has sufficient 

legal resources and expertise to conduct its work in compliance with applicable Department of Defense policies and 

procedures; and 

(B) such resources and expertise are provided in a manner that is consistent with the audit independence of the 

Defense Contract Audit Agency. 

(2) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the steps taken to comply with the requirements of this subsection. 

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

(a) REVIEW AND RECOMMENDATIONS.—The Secretary of Defense, 

acting through the Director of Small Business Programs in the Department of Defense, shall review barriers to firms that are not 

traditional suppliers to the Department of Defense wishing to contract with the Department of Defense and its defense supply centers and develop a set of recommendations on the elimination of 

such barriers. The Director shall identify and consult with a wide 

range of firms that are not traditional suppliers to the Department 

of Defense for the purpose of identifying such barriers and developing such recommendations. 

(b) DEFINITION.—For the purposes of this section, a firm is not 

a traditional supplier of the Department of Defense if it does not 

currently have contracts and subcontracts to perform work for the 

Department of Defense with a total combined value in excess of 

$500,000. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress 

a report summarizing the findings and recommendations of the review conducted pursuant to this section. 

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

AND INDUSTRIAL BASE. 

(a) REVISED DEFINITIONS.—Section 2500 of title 10, United States 

Code, is amended— 

(1) in paragraph (1), by striking ‘‘or maintenance’’ and inserting ‘‘integration, services, or information technology’’; 

(2) in paragraph (4), by striking ‘‘or production’’ and inserting ‘‘production, integration, services, or information technology’’; 

(3) in paragraph (9)(A), by striking ‘‘and manufacturing’’ and 

inserting ‘‘manufacturing, integration, services, and information technology’’; and 

(4) by adding at the end the following new paragraph: 


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‘‘(15) The term ‘integration’ means the process of providing 

systems engineering and technical direction for a system for 

the purpose of achieving capabilities that satisfy program requirements.’’. 

(b) REVISED OBJECTIVES.—Section 2501(a) of such title is amended— 

(1) in paragraph (1), by striking ‘‘Supplying and equipping’’ 

and inserting ‘‘Supplying, equipping, and supporting’’; 

(2) in paragraph (2), by striking ‘‘and logistics for’’ and inserting ‘‘logistics, and other activities in support of’’; 

(3) in paragraph (4), by striking ‘‘and produce’’ and inserting 

‘‘, produce, and support’’; and 

(4) by redesignating paragraph (6) as paragraph (8) and inserting after paragraph (5) the following new paragraphs: 

‘‘(6) Providing for the generation of services capabilities that 

are not core functions of the armed forces and that are critical 

to military operations within the national technology and industrial base. 

‘‘(7) Providing for the development, production, and integration of information technology within the national technology 

and industrial base.’’. 

(c) REVISED ASSESSMENTS.—Section 2505(b)(4) of such title is 

amended by inserting after ‘‘of this title)’’ the following ‘‘or major 

automated information system programs (as defined in section 

2445a of this title)’’. 

(d) REVISED POLICY GUIDANCE.—Section 2506(a) of such title is 

amended by striking ‘‘budget allocation, weapons’’ and inserting 

‘‘strategy, management, budget allocation,’’. 

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

BASE FUND. 

(a) DEPUTY ASSISTANT SECRETARY OF DEFENSE.—Chapter 7 of 

title 10, United States Code, is amended by inserting after section 

139d the following new section: 

‘‘§ 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. 


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‘‘(4) Providing recommendations to the Under Secretary on 

supply chain management and supply chain vulnerability. 

‘‘(5) Providing input on industrial base matters to defense acquisition policy guidance. 

‘‘(6) Establishing the national security objectives concerning 

the national technology and industrial base required under section 2501 of this title. 

‘‘(7) Executing the national defense program for analysis of 

the national technology and industrial base required under section 2503 of this title. 

‘‘(8) Performing the national technology and industrial base 

periodic defense capability assessments required under section 

2505 of this title. 

‘‘(9) Establishing the technology and industrial base policy 

guidance required under section 2506 of this title. 

‘‘(10) Executing the authorities of the Manufacturing Technology Program under section 2521 of this title. 

‘‘(11) Carrying out the activities of the Department of Defense relating to the Defense Production Act Committee established under section 722 of the Defense Production Act of 1950 

(50 U.S.C. App. 2171). 

‘‘(12) Consistent with section 2(b) of the Defense Production 

Act of 1950 (50 U.S.C. App. 2062(b)), executing other applicable authorities provided under the Defense Production Act of 

1950 (50 U.S.C. App. 2061 et seq.), including authorities under 

titles I and II of such Act. 

‘‘(13) Establishing policies related to international technology 

security and export control issues. 

‘‘(14) Establishing policies related to industrial independent 

research and development programs under section 2372 of this 

title. 

‘‘(15) Such other duties as are assigned by the Under Secretary. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in subsection (b)(9) may 

be construed to limit the authority or modify the policies of the 

Committee on Foreign Investment in the United States established 

under section 721(k) of the Defense Production Act of 1950 (50 

U.S.C. App. 2170(k)).’’. 

(b) INDUSTRIAL BASE FUND.— (1) IN GENERAL.—Chapter 148 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 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— 


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‘‘(1) to support the monitoring and assessment of the industrial base required by this chapter; 

‘‘(2) to address critical issues in the industrial base relating 

to urgent operational needs; 

‘‘(3) to support efforts to expand the industrial base; and 

‘‘(4) to address supply chain vulnerabilities. 

‘‘(e) USE OF FUND SUBJECT TO APPROPRIATIONS.—The authority 

of the Secretary of Defense to use the Fund under this section in 

any fiscal year is subject to the availability of appropriations for 

that purpose. 

‘‘(f) EXPENDITURES.—The Secretary shall establish procedures for 

expending monies in the Fund in support of the uses identified in 

subsection (d), including the following: 

‘‘(1) Direct obligations from the Fund. 

‘‘(2) Transfers of monies from the Fund to relevant appropriations of the Department of Defense.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘2508. Industrial Base Fund.’’. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 

AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Reorganization of Office of the Secretary of Defense to carry out reduction 

required by law in number of Deputy Under Secretaries of Defense. 

Subtitle B—Space Activities 

Sec. 911. Integrated space architectures. 

Sec. 912. Limitation on use of funds for costs of terminating contracts under the 

National Polar-Orbiting Operational Environmental Satellite System 

Program. 

Sec. 913. Limitation on use of funds for purchasing Global Positioning System user 

equipment. 

Sec. 914. Plan for integration of space-based nuclear detection sensors. 

Sec. 915. Preservation of the solid rocket motor industrial base. 

Sec. 916. Implementation plan to sustain solid rocket motor industrial base. 

Sec. 917. Review and plan on sustainment of liquid rocket propulsion systems industrial base. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Five-year extension of authority for Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities. 

Sec. 922. Modification of attendees at proceedings of Intelligence, Surveillance, and 

Reconnaissance Integration Council. 

Sec. 923. Report on Department of Defense interservice management and coordination of remotely piloted aircraft support of intelligence, surveillance, 

and reconnaissance. 

Sec. 924. Report on requirements fulfillment and personnel management relating 

to Air Force intelligence, surveillance, and reconnaissance provided by 

remotely piloted aircraft. 

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

Sec. 931. Continuous monitoring of Department of Defense information systems for 

cybersecurity. 

Sec. 932. Strategy on computer software assurance. 

Sec. 933. Strategy for acquisition and oversight of Department of Defense cyber 

warfare capabilities. 

Sec. 934. Report on the cyber warfare policy of the Department of Defense. 


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Sec. 935. Reports on Department of Defense progress in defending the Department 

and the defense industrial base from cyber events. 

Subtitle E—Other Matters 

Sec. 941. Two-year extension of authorities relating to temporary waiver of reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies. 

Sec. 942. Additional requirements for quadrennial roles and missions review in 

2011. 

Sec. 943. Report on organizational structure and policy guidance of the Department 

of Defense regarding information operations. 

Sec. 944. Report on organizational structures of the geographic combatant command headquarters. 

Subtitle A—Department of Defense Management 

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

NUMBER OF DEPUTY UNDER SECRETARIES OF DEFENSE. 

(a) REDESIGNATION OF CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DEFENSE.— 

(1) REDESIGNATION.—Positions in the Office of the Secretary 

of Defense are hereby redesignated as follows: 

(A) The Director of Defense Research and Engineering is 

redesignated as the Assistant Secretary of Defense for Research and Engineering. 

(B) The Director of Operational Energy Plans and Programs is redesignated as the Assistant Secretary of Defense for Operational Energy Plans and Programs. 

(C) The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs is redesignated as the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. 

(2) REFERENCES.—Any reference in any law, rule, regulation, 

paper, or other record of the United States to an office of the 

Department of Defense redesignated by paragraph (1) shall be 

deemed to be a reference to such office as so redesignated. 

(b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RELATING TO REORGANIZATION.— 

(1) REPEAL OF SEPARATE PRINCIPAL DEPUTY UNDER SECRETARY OF DEFENSE PROVISIONS.—Sections 133a, 134a, and 

136a of title 10, United States Code, are repealed. 

(2) COMPONENTS OF OSD.—Subsection (b) of section 131 of 

such title is amended to read as follows: 

‘‘(b) The Office of the Secretary of Defense is composed of the following: 

‘‘(1) The Deputy Secretary of Defense. 

‘‘(2) The Under Secretaries of Defense, as follows: 

‘‘(A) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

‘‘(B) The Under Secretary of Defense for Policy. 

‘‘(C) The Under Secretary of Defense (Comptroller). 

‘‘(D) The Under Secretary of Defense for Personnel and 

Readiness. 

‘‘(E) The Under Secretary of Defense for Intelligence. 

‘‘(3) The Deputy Chief Management Officer of the Department of Defense. 


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‘‘(4) Other officers who are appointed by the President, by 

and with the advice and consent of the Senate, and who report 

directly to the Secretary and Deputy Secretary without intervening authority, as follows: 

‘‘(A) The Director of Cost Assessment and Program Evaluation. 

‘‘(B) The Director of Operational Test and Evaluation. 

‘‘(C) The General Counsel of the Department of Defense. 

‘‘(D) The Inspector General of the Department of Defense. 

‘‘(5) The Principal Deputy Under Secretaries of Defense. 

‘‘(6) The Assistant Secretaries of Defense. 

‘‘(7) Other officials provided for by law, as follows: 

‘‘(A) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to 

section 139b(a) of this title. 

‘‘(B) The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) of 

this title. 

‘‘(C) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy appointed pursuant 

to section 139c of this title. 

‘‘(D) The Director of Small Business Programs appointed 

pursuant to section 144 of this title. 

‘‘(E) The official designated under section 1501(a) of this 

title to have responsibility for Department of Defense matters relating to missing persons as set forth in section 

1501 of this title. 

‘‘(F) The Director of Family Policy under section 1781 of 

this title. 

‘‘(G) The Director of the Office of Corrosion Policy and 

Oversight assigned pursuant to section 2228(a) of this 

title. 

‘‘(H) The official designated under section 2438(a) of this 

title to have responsibility for conducting and overseeing 

performance assessments and root cause analyses for 

major defense acquisition programs. 

‘‘(8) Such other offices and officials as may be established by 

law or the Secretary of Defense may establish or designate in 

the Office.’’. 

(3) PRINCIPAL DEPUTY UNDER SECRETARIES OF DEFENSE.— 

Section 137a of such title is amended— 

(A) in subsections (a)(1), (b), and (d), by striking ‘‘Deputy 

Under’’ and inserting ‘‘Principal Deputy Under’’; 

(B) in subsection (a)(2), by striking ‘‘(A) The’’ and all that 

follows through ‘‘(5) of subsection (c)’’ and inserting ‘‘The 

Principal Deputy Under Secretaries of Defense’’; 

(C) in subsection (c)— 

(i) in paragraphs (1), (2), (3), (4), and (5), by striking 

‘‘One of the Deputy’’ and inserting ‘‘One of the Principal Deputy’’; 

(ii) in paragraphs (1), (2), and (3), by striking ‘‘appointed’’ and all that follows through ‘‘this title’’; 


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(iii) in paragraphs (4) and (5), by striking ‘‘shall be’’ 

and inserting ‘‘is’’; and 

(iv) in paragraph (5), by inserting before the period 

at the end the following: ‘‘, who shall be appointed 

from among persons who have extensive expertise in 

intelligence matters’’; and 

(D) in subsection (d), by adding at the end the following 

new sentence: ‘‘The Principal Deputy Under Secretaries 

shall take precedence among themselves in the order prescribed by the Secretary of Defense.’’. 

(4) ASSISTANT SECRETARIES OF DEFENSE GENERALLY.—Section 

138 of such title is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘12’’ and inserting 

‘‘16’’; and 

(ii) in paragraph (2), by striking ‘‘(A) The’’ and all 

that follows through ‘‘The other’’ and inserting ‘‘The’’; 

(B) in subsection (b)— 

(i) in paragraphs (2), (3), (4), (5), and (6), by striking 

‘‘shall be’’ and inserting ‘‘is’’; 

(ii) in paragraph (7), by striking ‘‘appointed pursuant to section 138a of this title’’; and 

(iii) by adding at the end the following new paragraphs: 

‘‘(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Research and Engineering. In addition to 

any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering 

shall have the duties specified in section 138b of this title. 

‘‘(9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. 

In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational 

Energy Plans and Programs shall have the duties specified in 

section 138c of this title. 

‘‘(10) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs 

shall have the duties specified in section 138d of this title.’’; 

and 

(C) in subsection (d), by striking ‘‘and the Director of Defense Research and Engineering’’ and inserting ‘‘the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions specified in section 

131(b)(4) of this title, and the Principal Deputy Under Secretaries of Defense’’. 

(5) ASSISTANT SECRETARY FOR LOGISTICS AND MATERIEL READ- INESS.—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’’. 


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(6) ASSISTANT SECRETARY FOR RESEARCH AND ENGINEERING.— Section 139a of such title is transferred so as to appear after 

section 138a, redesignated as section 138b, and amended— 

(A) by striking subsection (a); 

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; 

(C) in subsection (a), as so redesignated, by striking ‘‘Director of Defense Research and Engineering’’ and inserting 

‘‘Assistant Secretary of Defense for Research and Engineering’’; and 

(D) in subsection (b), as so redesignated— 

(i) in paragraph (1), by striking ‘‘Director of Defense 

Research and Engineering,’’ and inserting ‘‘Assistant 

Secretary of Defense for Research and Engineering,’’; 

and 

(ii) in paragraph (2), by striking ‘‘Director’’ and inserting ‘‘Assistant Secretary’’. 

(7) ASSISTANT SECRETARY FOR OPERATIONAL ENERGY PLANS

AND PROGRAMS.—Section 139b of such title is transferred so as 

to appear after section 138b (as transferred and redesignated 

by paragraph (6)), redesignated as section 138c, and amended— 

(A) in subsection (a), by striking ‘‘There is a’’ and all that 

follows through ‘‘The Director’’ and inserting ‘‘The Assistant Secretary of Defense for Operational Energy Plans and 

Programs’’; 

(B) by striking ‘‘Director’’ each place it appears and inserting ‘‘Assistant Secretary’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘Not later than’’ and all that follows 

through ‘‘military departments’’ and inserting ‘‘The 

Secretary of each military department’’; 

(ii) by striking ‘‘who will’’ and inserting ‘‘who shall’’; 

and 

(iii) by inserting ‘‘so designated’’ after ‘‘The officials’’; 

and 

(D) in subsection (d)(4), by striking ‘‘The initial’’ and all 

that follows through ‘‘updates to the strategy’’ and inserting ‘‘Updates to the strategy required by paragraph (1)’’. 

(8) ASSISTANT SECRETARY FOR NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—Section 142 of such title is 

transferred so as to appear after section 138c (as redesignated 

and transferred by paragraph (7)), redesignated as section 

138d, and amended— 

(A) by striking subsection (a); 

(B) by redesignating subsection (b) as subsection (a) and 

in that subsection, as so redesignated, by striking ‘‘The Assistant to the Secretary’’ and inserting ‘‘The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs’’; and 

(C) by striking subsection (c) and inserting the following 

new subsection (b): 

‘‘(b) The Assistant Secretary may communicate views on issues 

within the responsibility of the Assistant Secretary directly to the 


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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: 

‘‘§ 132a. Deputy Chief Management Officer 

‘‘(a) APPOINTMENT.—There is a Deputy Chief Management Officer of the Department of Defense, appointed from civilian life by 

the President, by and with the advice and consent of the Senate. 

‘‘(b) RESPONSIBILITIES.—The Deputy Chief Management Officer 

assists the Deputy Secretary of Defense in the Deputy Secretary’s 

capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title. 

‘‘(c) PRECEDENCE.—The Deputy Chief Management Officer takes 

precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense.’’. 

(2) CONFORMING AMENDMENT.—Section 132(c) of such title is 

amended by striking the second sentence. 

(d) SENIOR OFFICIAL RESPONSIBLE FOR PERFORMANCE ASSESSMENTS AND ROOT CAUSE ANALYSES OF MDAPS.—Section 103 of the 

Weapon Systems Acquisition Reform Act of 2009 (Public Law 111– 

23; 123 Stat. 1715; 10 U.S.C. 2430 note) is transferred to chapter 

144 of title 10, United States Code, inserted so as to appear after 

section 2437, redesignated as section 2438, and amended— 

(1) in subsection (b)(2), by striking ‘‘section 2433a(a)(1) of 

title 10, United States Code (as added by section 206(a) of this 

Act)’’ and inserting ‘‘section 2433a(a)(1) of this title’’; 

(2) in subsection (b)(5)— 

(A) by striking ‘‘section 2433a of title 10, United States 

Code (as so added)’’ and inserting ‘‘section 2433a of this 

title’’; and 

(B) by striking ‘‘prior to’’ both places it appears and inserting ‘‘before’’; 

(3) in subsection (d), by striking ‘‘section 2433a of title 10, 

United States Code (as so added)’’ and inserting ‘‘section 2433a 

of this title’’; and 

(4) in subsection (f), by striking ‘‘beginning in 2010,’’. 

(e) REDESIGNATION OF DDTE AS DEPUTY ASSISTANT SECRETARY

FOR DEVELOPMENTAL TEST AND EVALUATION AND DSE AS DEPUTY

ASSISTANT SECRETARY OF DEFENSE FOR SYSTEMS ENGINEERING.— 

Section 139d of title 10, United States Code, is amended— 

(1) by striking ‘‘Director of Developmental Test and Evaluation’’ each place it appears and inserting ‘‘Deputy Assistant 

Secretary of Defense for Developmental Test and Evaluation’’; 

(2) by striking ‘‘Director of Systems Engineering’’ each place 

it appears and inserting ‘‘Deputy Assistant Secretary of Defense for Systems Engineering’’; 

(3) in subsection (a)— 


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(A) by striking the subsection heading and inserting 

‘‘DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOP- MENTAL 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 SEC- RETARY OF DEFENSE FOR SYSTEMS ENGINEERING.—’’; 

(D) in paragraph (5), by striking ‘‘Director’’ in the matter 

preceding subparagraph (A) and inserting ‘‘Deputy Assistant Secretary’’; and 

(E) in paragraph (6), by striking ‘‘Director’s’’ and inserting ‘‘Deputy Assistant Secretary’s’’; and 

(4) in subsection (b)— 

(A) by striking the subsection heading and inserting 

‘‘DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR SYSTEMS

ENGINEERING.—’’; 

(B) by striking ‘‘Director’’ each place it appears in paragraphs (2), (3), (5), and (6) and inserting ‘‘Deputy Assistant 

Secretary’’; 

(C) in paragraph (4), by striking the paragraph heading 

and inserting ‘‘COORDINATION WITH DEPUTY ASSISTANT SEC- RETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVAL- UATION.—’’; and 

(D) in paragraph (6), by striking ‘‘Director’s’’ and inserting ‘‘Deputy Assistant Secretary’s’’. 

(f) REORGANIZATION OF CERTAIN PROVISIONS WITHIN CHAPTER 4 

TO ACCOUNT FOR OTHER TRANSFERS OF PROVISIONS.—Chapter 4 of 

title 10, United States Code, is further amended by redesignating 

sections 139c, 139d (as amended by subsection (e)), and 139e (as 

added by section 896 of this Act) as sections 139a, 139b, and 139c, 

respectively. 

(g) REPEAL OF STATUTORY REQUIREMENT FOR OFFICE FOR MISSING PERSONNEL IN OSD.—Section 1501(a) of title 10, United States 

Code, is amended— 

(1) by striking the subsection heading and inserting the following: ‘‘RESPONSIBILITY FOR MISSING PERSONNEL.—’’; 

(2) in paragraph (1)— 

(A) by striking ‘‘establish within the Office of the Secretary of Defense an office to have responsibility for Department of Defense policy’’ in the first sentence and inserting ‘‘designate within the Office of the Secretary of Defense an official as the Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs to 

have responsibility for Department of Defense matters’’; 

(B) by striking the second sentence; 

(C) by striking ‘‘of the office’’ and inserting ‘‘of the official 

designated under this paragraph’’; 

(D) by striking ‘‘and’’ at the end of subparagraph (A); 

(E) by redesignating subparagraph (B) as subparagraph 

(C); and 

(F) by inserting after subparagraph (A) the following 

new subparagraph (B): 


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‘‘(B) policy, control, and oversight of the program established 

under section 1509 of this title, as well as the accounting for 

missing persons (including locating, recovering, and identifying 

missing persons or their remains after hostilities have ceased); 

and’’; 

(3) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; 

(4) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The official designated under paragraph (1) shall also 

serve as the Director, Defense Prisoner of War/Missing Personnel Office, as established under paragraph (6)(A), exercising 

authority, direction, and control over that activity.’’. 

(5) in paragraph (3), as so redesignated— 

(A) by striking ‘‘of the office’’ the first place it appears; 

and 

(B) by striking ‘‘head of the office’’ and inserting ‘‘official 

designated under paragraph (1) and (2)’’; 

(6) in paragraph (4), as so redesignated— 

(A) by striking ‘‘office’’ and inserting ‘‘designated official’’; and 

(B) by inserting after ‘‘evasion)’’ the following: ‘‘and for 

personnel accounting (including locating, recovering, and 

identifying missing persons or their remains after hostilities have ceased)’’; 

(7) in paragraph (5), as so redesignated, by striking ‘‘office’’ 

and inserting ‘‘designated official’’; and 

(8) in paragraph (6), as so redesignated— 

(A) in subparagraph (A)— 

(i) by inserting after ‘‘(A)’’ the following: ‘‘The Secretary of Defense shall establish an activity to account 

for personnel who are missing or whose remains have 

not been recovered from the conflict in which they 

were lost. This activity shall be known as the Defense 

Prisoner of War/Missing Personnel Office.’’; and 

(ii) by striking ‘‘office’’ both places it appears and inserting ‘‘activity’’; 

(B) in subparagraph (B)(i), by striking ‘‘to the office’’ and 

inserting ‘‘activity’’; 

(C) in subparagraph (B)(ii)— 

(i) by striking ‘‘to the office’’ and inserting ‘‘activity’’; 

and 

(ii) by striking ‘‘of the office’’ and inserting ‘‘of the 

activity’’; and 

(D) in subparagraph (C), by striking ‘‘office’’ and inserting ‘‘activity’’. 

(h) CLARIFICATION OF HEAD OF OFFICE FOR FAMILY POLICY.—Section 1781 of title 10, United States Code, is amended— 

(1) in subsection (a), by striking the second sentence and inserting the following new sentence: ‘‘The office shall be headed 

by the Director of Family Policy, who shall serve within the office of the Under Secretary of Defense for Personnel and Readiness.’’; and 


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(2) by striking ‘‘the Office’’ each place it appears and inserting ‘‘the Director’’. 

(i) MODIFICATION OF STATUTORY LIMITATION ON NUMBER OF DEPUTY UNDER SECRETARIES OF DEFENSE.— 

(1) DELAY IN LIMITATION ON NUMBER OF DUSDS.—Section 

906(a)(2) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a 

note) is amended by striking ‘‘January 1, 2011’’ and inserting 

‘‘January 1, 2015’’. 

(2) TEMPORARY AUTHORITY FOR ADDITIONAL DUSDS.—During 

the period beginning on the date of the enactment of this Act 

and ending on January 1, 2015, the Secretary of Defense may, 

in the Secretary’s discretion, appoint not more than five Deputy Under Secretaries of Defense in addition to the five Principal Deputy Under Secretaries of Defense authorized by section 137a of title 10, United States Code (as amended by subsection (b)(3)). 

(3) REPORT ON PLAN FOR REORGANIZATION OF OSD.— 

(A) REPORT REQUIRED.—Not later than September 15, 

2013, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of 

Representatives a report setting forth a plan for the realignment of the organizational structure of the Office of 

the Secretary of Defense to comply with the requirement 

of section 906(a)(2) of the National Defense Authorization 

Act for Fiscal Year 2010, as amended by paragraph (1). 

(B) ELEMENTS.—In preparing the report required by subparagraph (A), the Secretary shall consider, at a minimum, 

the feasibility of taking the following actions on or before 

January 1, 2015: 

(i) A merger of the position of Deputy Under Secretary of Defense (Installations and Environment) and 

the position of Assistant Secretary of Defense for 

Operational Energy Plans and Programs (as established in accordance with the amendments made by 

subsection (b)(7)) into a single Assistant Secretary position. 

(ii) A realignment of positions within the Office of 

the Under Secretary of Defense for Policy to eliminate 

the position of Deputy Under Secretary of Defense 

(Strategy, Plans, and Forces). 

(j) OTHER CONFORMING AMENDMENTS TO TITLE 10.— 

(1) Section 179(c) of title 10, United States Code, is amended— 

(A) in paragraphs (2) and (3), by striking ‘‘Assistant to 

the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs’’ and inserting ‘‘Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs’’; and 

(B) in paragraph (3), by striking ‘‘that Assistant to the 

Secretary’’ and inserting ‘‘Assistant Secretary’’. 

(2) Section 2272 of such title is amended by striking ‘‘Director of Defense Research and Engineering’’ each place it appears 


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and inserting ‘‘Assistant Secretary of Defense for Research and 

Engineering’’. 

(3) Section 2365 of such title is amended— 

(A) in subsection (a), by striking ‘‘Director of Defense Research and Engineering’’ and inserting ‘‘Assistant Secretary’’; 

(B) in subsection (d)(1), by striking ‘‘Director’’ and inserting ‘‘Assistant Secretary’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘Director of Defense Research and Engineering’’ and inserting ‘‘Assistant Secretary of Defense for Research and Engineering’’; and 

(ii) by striking ‘‘Director may’’ and inserting ‘‘Assistant Secretary may’’; and 

(D) in subsection (e), by striking ‘‘Director’’ and inserting 

‘‘Assistant Secretary’’. 

(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 

2517(a) of such title are amended by striking ‘‘Director of Defense Research and Engineering’’ and inserting ‘‘Assistant Secretary of Defense for Research and Engineering’’. 

(5) Section 2902(b) of such title is amended— 

(A) in paragraph (1), by striking ‘‘Deputy Under Secretary of Defense for Science and Technology’’ and inserting ‘‘official within the Office of the Assistant Secretary of 

Defense for Research and Engineering who is responsible 

for science and technology’’; and 

(B) in paragraph (3), by striking ‘‘Deputy Under Secretary of Defense’’ and inserting ‘‘official within the Office 

of the Under Secretary of Defense for Acquisition, Technology, and Logistics who is’’. 

(k) SECTION HEADING AND CLERICAL AMENDMENTS.— 

(1) SECTION HEADING AMENDMENTS.— 

(A) The heading of section 137a of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 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: 

‘‘§ 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: 

‘‘§ 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: 


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‘‘§ 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: 

‘‘§ 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: 

‘‘§ 2438. Performance assessments and root cause analyses’’. 

(2) CLERICAL AMENDMENTS.— 

(A) The table of sections at the beginning of chapter 4 

of such title is amended— 

(i) by inserting after the item relating to section 132 

the following new item: 

‘‘132a. Deputy Chief Management Officer.’’; 

(ii) by striking the items relating to sections 133a, 

134a, and 136a; 

(iii) by striking the item relating to section 137a and 

inserting the following new item: 

‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 

(iv) by inserting after the item relating to section 

138a the following new items: 

‘‘138b. Assistant Secretary of Defense for Research and Engineering. 

‘‘138c. Assistant Secretary of Defense for Operational Energy Plans and Programs. 

‘‘138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense 

Programs.’’; 

(v) by striking the items relating to sections 139a, 

139b, 139c, and 139d and inserting the following new 

items: 

‘‘139a. Director of Cost Assessment and Program Evaluation. 

‘‘139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: 

joint guidance. 

‘‘139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base 

Policy.’’; and 

(vi) by striking the item relating to section 142. 

(B) The table of sections at the beginning of chapter 144 

of such title is amended by inserting after the item relating to section 2437 the following new item: 

‘‘2438. Performance assessments and root cause analyses.’’. 

(l) OTHER CONFORMING AMENDMENTS.— 

(1) PUBLIC LAW 111–23.—Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 

Stat. 1714; 10 U.S.C. 2430 note) is amended— 

(A) by striking ‘‘Director of Developmental Test and 

Evaluation and the Director of Systems Engineering’’ each 

place it appears and inserting ‘‘Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation and the 


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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 SEC- RETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND

EVALUATION AND DEPUTY ASSISTANT SECRETARY OF DE- FENSE 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 POSI- TIONS.—Section 5315 of title 5, United States Code, is amended 

by striking the item relating to Assistant Secretaries of Defense and inserting the following new item: 

‘‘Assistant Secretaries of Defense (16).’’. 

(2) POSITIONS REDESIGNATED AS ASD POSITIONS.— (A) Section 5315 of such title is further amended by 

striking the item relating to Director of Defense Research 

and Engineering. 

(B) Section 5316 of such title is amended by striking the 

item relating to Assistant to the Secretary of Defense for 

Nuclear and Chemical and Biological Defense Programs. 

(3) AMENDMENTS TO STRIKE REFERENCES TO POSITIONS IN

SENIOR EXECUTIVE SERVICE.—Section 5316 of such title is further amended— 

(A) by striking the item relating to Director, Defense Advanced Research Projects Agency, Department of Defense; 

(B) by striking the item relating to Deputy General 

Counsel, Department of Defense; 

(C) by striking the item relating to Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense; and 

(D) by striking the item relating to Special Assistant to 

the Secretary of Defense. 

(o) INAPPLICABILITY OF APPOINTMENT REQUIREMENT TO CERTAIN

INDIVIDUALS SERVING ON EFFECTIVE DATE.— 

(1) IN GENERAL.—Notwithstanding this section and the 

amendments made by this section, the individual serving as 

specified in paragraph (2) on December 31, 2010, may continue 


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to serve in the applicable position specified in that paragraph 

after that date without the requirement for appointment by the 

President, by and with the advice and consent of the Senate. 

(2) COVERED INDIVIDUALS AND POSITIONS.—The individuals 

and positions specified in this paragraph are the following: 

(A) In the case of the individual serving as Director of 

Defense Research and Engineering, the position of Assistant Secretary of Defense for Research and Engineering. 

(B) In the case of the individual serving as Director of 

Operational Energy Plans and Programs, the position of 

Assistant Secretary of Defense for Operational Energy 

Plans and Programs. 

(C) In the case of the individual serving as Assistant to 

the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, the position of Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. 

(p) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), this 

section and the amendments made by this section shall take 

effect on January 1, 2011. 

(2) CERTAIN MATTERS.—Subsection (i) and the amendments 

made by that subsection, and subsection (o), shall take effect 

on the date of the enactment of this Act. 

Subtitle B—Space Activities 

SEC. 911. INTEGRATED SPACE ARCHITECTURES. 

The Secretary of Defense and the Director of National Intelligence shall develop an integrated process for national security 

space architecture planning, development, coordination, and analysis that— 

(1) encompasses defense and intelligence space plans, programs, budgets, and organizations; 

(2) provides mid-term to long-term recommendations to guide 

space-related defense and intelligence acquisitions, requirements, and investment decisions; 

(3) is independent of, but coordinated with, the space architecture planning, development, coordination, and analysis activities of each military department and each element of the intelligence community (as defined in section 3(4) of the National 

Security Act of 1947 (50 U.S.C. 401a(4))); and 

(4) makes use of, to the maximum extent practicable, joint 

duty assignment (as defined in section 668 of title 10, United 

States Code) positions. 

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

None of the funds authorized to be appropriated or otherwise 

made available by this Act to the Secretary of Defense for the National Polar-Orbiting Operational Environmental Satellite System 

Program may be obligated or expended for the costs of terminating 

a contract awarded under the Program unless the Secretary of Defense and the Secretary of Commerce enter into an agreement 


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under which the Secretary of Defense and the Secretary of Commerce will each be responsible for half the costs of terminating the 

contract. 

SEC. 913. LIMITATION ON USE OF FUNDS FOR PURCHASING GLOBAL 

POSITIONING SYSTEM USER EQUIPMENT. 

(a) IN GENERAL.—Except as provided in subsections (b) and (c), 

none of the funds authorized to be appropriated or otherwise made 

available by this Act or any other Act for the Department of Defense may be obligated or expended to purchase user equipment for 

the Global Positioning System during fiscal years after fiscal year 

2017 unless the equipment is capable of receiving the military code 

(commonly known as the ‘‘M code’’) from the Global Positioning 

System. 

(b) EXCEPTION.—The limitation under subsection (a) shall not 

apply with respect to the purchase of passenger vehicles or commercial vehicles in which Global Positioning System equipment is 

installed. 

(c) WAIVER.—The Secretary of Defense may waive the limitation 

under subsection (a) if the Secretary determines that— 

(1) suitable user equipment capable of receiving the military 

code from the Global Positioning System is not available; or 

(2) with respect to a purchase of user equipment, the Department of Defense does not require that user equipment to be capable of receiving the military code from the Global Positioning 

System. 

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

(a) IN GENERAL.—The Secretary of Defense shall, in consultation 

with the Director of National Intelligence and the Administrator 

for Nuclear Security, submit to the congressional defense committees a plan to integrate space-based nuclear detection sensors in a 

geosynchronous orbit on the Space-Based Infrared System or other 

satellite platforms. 

(b) LIMITATION ON USE OF FUNDS FOR THE SPACE-BASED INFRARED SYSTEM.— 

(1) IN GENERAL.—Not more than 90 percent of the amounts 

specified in paragraph (2) may be obligated or expended before 

the date on which the Secretary of Defense submits to the congressional defense committees the plan required by subsection 

(a). 

(2) AMOUNTS SPECIFIED.—The amounts specified in this 

paragraph are the following: 

(A) The amount authorized to be appropriated by section 

103 for procurement for the Air Force for missiles for the 

Space-Based Infrared System. 

(B) The amount authorized to be appropriated by section 

201 for research, development, test, and evaluation for the 

Air Force for the Space-Based Infrared System. 

SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL 

BASE. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation 

with the Administrator of the National Aeronautics and Space AdVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00219 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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ministration, submit to the appropriate committees of Congress a 

report on the impact of the cancellation of the Constellation program of the National Aeronautics and Space Administration on any 

anticipated next generation mission requirements for missile defense interceptors, tactical and strategic missiles, targets, and satellite and human spaceflight launch vehicles. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description and assessment of the effects on Department of Defense programs that utilize solid rocket motors of 

the cancellation of the Ares I, the Ares V, or their solid rocket 

alternatives or derivatives, and all supporting elements. 

(2) A description of the plans of the Department of Defense 

to mitigate the impact of the cancellation of the Ares I, the 

Ares V, or their solid rocket alternatives or derivatives, and all 

supporting elements, on the United States solid rocket motor 

industrial base, including a description of the National Aeronautics and Space Administration and Department of Defense 

funding required to implement such plans between fiscal years 

2012 and 2017. 

(3) A description of the impact of the cancellation of the Ares 

I, Ares V, or their solid rocket alternatives or derivatives, and 

all supporting elements, on international partners in programs 

such as the D–5 Trident missile. 

(4) A detailed description of the source of the data used in 

the report. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

subsection, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Armed Services, Commerce, Science, 

and Transportation, and Appropriations of the Senate; and 

(2) the Committees on Armed Services, Science and Technology, and Appropriations of the House of Representatives. 

SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR 

INDUSTRIAL BASE. 

(a) IN GENERAL.—The Secretary of Defense shall develop an implementation plan to sustain the solid rocket motor industrial base 

that— 

(1) is based on the recommendations included in the report 

submitted to the congressional defense committees under section 1078 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2479); and 

(2) includes a funding plan for carrying out the implementation plan. 

(b) SUBMITTAL TO CONGRESS.—The implementation plan required 

by subsection (a) shall be submitted to Congress with the budget 

of the President for fiscal year 2012 as submitted under section 

1105(a) of title 31, United States Code. 

SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET 

PROPULSION SYSTEMS INDUSTRIAL BASE. 

(a) IN GENERAL.—The Secretary of Defense shall, in consultation 

with the Administrator of the National Aeronautics and Space Administration, review, and develop a plan to sustain, the liquid rocket propulsion systems industrial base. 


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(b) ELEMENTS.—The review and plan required by subsection (a) 

shall address the following: 

(1) The capacity to maintain currently available liquid rocket 

propulsion systems. 

(2) The maintenance of an intellectual and engineering capacity to support next generation liquid rocket propulsion systems and engines, as needed. 

(3) Opportunities for interagency collaboration and research 

and development on future propulsion systems. 

(c) SUBMITTAL TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit to the 

congressional defense committees the plan required by subsection 

(a). 

Subtitle C—Intelligence-Related Matters 

SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF 

DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES. 

The second sentence of section 431(a) of title 10, United States 

Code, is amended by striking ‘‘December 31, 2010’’ and inserting 

‘‘December 31, 2015’’. 

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

(a) FINDINGS.—Section 923(a)(4) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–163; 117 Stat. 

1574; 10 U.S.C. 426 note) is amended by striking ‘‘National Foreign 

Intelligence Program (NFIP), Joint Military Intelligence Program 

(JMIP), and Tactical Intelligence and Related Activities Program 

(TIARA)’’ and inserting ‘‘National Intelligence Program (NIP) and 

a Military Intelligence Program (MIP)’’. 

(b) ADDITIONAL AUTHORIZED ATTENDEES.—Section 426(a) of title 

10, United States Code, is amended by adding at the end the following new paragraph: 

‘‘(4) Each Secretary of a military department may designate an 

officer or employee of such military department to attend the proceedings of the Council as a representative of such military department.’’. 

SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE 

MANAGEMENT AND COORDINATION OF REMOTELY PILOTED AIRCRAFT SUPPORT OF INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE. 

(a) REPORT REQUIRED.— (1) REPORT TO SECRETARY OF DEFENSE BY CHIEFS OF STAFF.— Not later than 120 days after the date of the enactment of this 

Act, the Chief of Staff of the Army, the Chief of Naval Operations, and the Chief of Staff of the Air Force shall jointly submit to the Secretary of Defense a report, in accordance with 

this section, on remotely piloted aircraft (RPA) support of intelligence, surveillance, and reconnaissance (ISR) within their respective Armed Forces. 

(2) TRANSMITTAL TO CONGRESS.—Not later than 30 days after 

the receipt of the report required by paragraph (1), the Secretary shall transmit the report, together with the assessment 


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and any recommendations of the Secretary (including the matters required pursuant to subsection (b)(2)), to the congressional defense committees. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) In the case of the report required by subsection (a)(1), a 

description by each chief of staff referred to in that subsection 

of— 

(A) current and planned remotely piloted aircraft inventories to support intelligence, surveillance, and reconnaissance requirements over the period 2011 to 2020, including 

an identification of systems each Armed Force considers 

organic and the systems capable of providing theater-level 

support to the commanders of the combatant commands; 

(B) policy and processes of each Armed Force for coordinating investments in remotely piloted aircraft to meet 

joint force requirements for intelligence, surveillance, and 

reconnaissance and to eliminate unnecessary duplication 

in both development and capability; and 

(C) the current employment of remotely piloted aircraft 

by each Armed Force, including the number of remotely piloted aircraft deployed in support operations, the number 

of remotely piloted aircraft assigned for training, and the 

number of remotely piloted aircraft warehoused, the capacity of each Armed Force to process, exploit, and disseminate intelligence, surveillance, and reconnaissance data 

collected, and the extent to which assets are provided to 

the joint community to meet requirements of the combatant commands. 

(2) In the case of the transmittal required by subsection 

(a)(2)— 

(A) an assessment of the effectiveness of the employment 

of remotely piloted aircraft by each Armed Force, and a description of the percentage of joint force requirements for 

intelligence, surveillance, and reconnaissance that are 

being met by the remotely piloted aircraft of each Armed 

Force; 

(B) a description of the joint concept of operations under 

which each Armed Force provides intelligence, surveillance, and reconnaissance capabilities through remotely piloted aircraft to meet the requirements of the combatant 

commands; 

(C) a description of the processes by which current requirements of the commanders of the combatant commands for intelligence, surveillance, and reconnaissance 

are validated, and how the remotely piloted aircraft capabilities of each Armed Force are assigned against validated 

requirements; 

(D) a description of the current intelligence, surveillance, 

and reconnaissance requirements of each combatant command through remotely piloted aircraft; 

(E) a description of how the requirements described 

under subparagraph (D) are being met; 


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(F) an identification of any mission degradation or failure within the combatant commands due to lack of intelligence, surveillance, and reconnaissance support; 

(G) a description of various means of addressing any 

shortfalls in meeting the requirements described under 

subparagraph (D), including temporary shortfalls and permanent shortfalls; 

(H) a description of the organization of the Unmanned 

Aerial System Task Force, including the goals and objectives of the task force and the participation and roles of 

each Armed Force within the task force; 

(I) a description of the organization of the Intelligence, 

Surveillance, and Reconnaissance Task Force, including 

the goals and objectives of the task force and the participation and roles of each Armed Force within the task force; 

and 

(J) an identification of any theater-level intelligence, surveillance, and reconnaissance capacity of an Armed Force 

that is not being made available by services to fulfill joint 

force requirements for intelligence, surveillance, and reconnaissance. 

(c) REMOTELY PILOTED AIRCRAFT DEFINED.—In this section, the 

term ‘‘remotely piloted aircraft’’ means any unmanned aircraft operated remotely, whether within or beyond line-of-sight, including 

unmanned aerial systems (UAS), unmanned aerial vehicles (UAV), 

remotely piloted vehicles (RPV), and remotely piloted aircraft 

(RPA). 

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

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall, 

in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Defense 

for Intelligence, submit to the appropriate committees of Congress 

a report on requirements fulfillment and personnel management in 

connection with Air Force intelligence, surveillance, and reconnaissance (ISR) provided by remotely piloted aircraft (RPA). 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A description of the Joint Concept of Operation under 

which the Air Force operates to fulfill intelligence, surveillance, 

and reconnaissance requirements provided by remotely piloted 

aircraft. 

(2) A description of the current requirements of each combatant command for Air Force intelligence, surveillance, and reconnaissance provided by remotely piloted aircraft, including— 

(A) the number of orbits or combat air patrols for each 

major platform and sensor payload combination; 

(B) the number of aircraft, aircraft operators, and 

ground crews in each orbit or combat air patrol, variations 

in the numbers of each, and the explanation for such variations; 


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(C) a description of how requirements are being met by 

the management of personnel, platforms, sensors, and networks; and 

(D) a description of various means of addressing any 

shortfalls in meeting such requirements, including temporary shortfalls and permanent shortfalls. 

(3) A description of manpower management to fulfill Air 

Force mission requirements for intelligence, surveillance, and 

reconnaissance requirements provided by remotely piloted aircraft, including the current number of personnel associated 

with each combat air patrol by remotely piloted aircraft for aircraft pilots, sensor operators, mission intelligence coordinators, 

and processing, exploitation, and dissemination analysts (in 

this section referred to as ‘‘operators and analysts for remotely 

piloted aircraft’’). 

(4) A description of current Air Force manpower requirements for operators and analysts for remotely piloted aircraft, 

and any plans for meeting such requirements, including— 

(A) an identification of any shortfalls in personnel, skill 

specialties, and grades; and 

(B) any plans of the Air Force to address such shortfalls, 

including— 

(i) plans to address shortfalls in applicable career 

field retention rates; and 

(ii) plans for utilization of National Guard and other 

reserve component personnel to address shortfalls in 

such personnel, skill specialties, and grades. 

(5) A description of the projected Air Force manpower requirements for operators and analysts for remotely piloted aircraft in each of 2015 and 2020, including— 

(A) an identification of any significant challenges to 

achieving such requirements in particular skill specialties 

and grades; and 

(B) any plans of the Air Force to address such challenges. 

(6) A description of the collaboration of the Air Force with, 

and the reliance of the Air Force on, the other Armed Forces 

and the combat support agencies, in asset management for intelligence, surveillance, and reconnaissance by remotely piloted 

aircraft, including personnel for processing, exploitation, and 

dissemination. 

(7) A description of potential adverse consequences of operating intelligence, surveillance, and reconnaissance by remotely piloted aircraft, and associated intelligence support infrastructure, in a surge, understaffed state, or both, including— 

(A) the impact of having to provide forward processing, 

exploitation, and dissemination to support emerging capabilities; and 

(B) any plans of the Air Force to mitigate such consequences. 

(8) A description of the status of Air Force training programs 

for operators and analysts for remotely piloted aircraft, including the ability to meet Air Force manpower requirements for 


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such operators and analysts, and plans for increasing training 

capacity to match plans for expanding Air Force intelligence, 

surveillance, and reconnaissance capabilities. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the 

Senate; and 

(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 

Subtitle D—Cyber Warfare, Cyber Security, and Related 

Matters 

SEC. 931. CONTINUOUS MONITORING OF DEPARTMENT OF DEFENSE 

INFORMATION SYSTEMS FOR CYBERSECURITY. 

(a) IN GENERAL.—The Secretary of Defense shall direct the Chief 

Information Officer of the Department of Defense to work, in coordination with the Chief Information Officers of the military departments and the Defense Agencies and with senior cybersecurity 

and information assurance officials within the Department of Defense and otherwise within the Federal Government, to achieve, to 

the extent practicable, the following: 

(1) The continuous prioritization of the policies, principles, 

standards, and guidelines developed under section 20 of the 

National Institute of Standards and Technology Act (15 U.S.C. 

278g–3) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) based upon the evolving threat of information security incidents with respect to national security systems, the 

vulnerability of such systems to such incidents, and the consequences of information security incidents involving such systems. 

(2) The automation of continuous monitoring of the effectiveness of the information security policies, procedures, and practices within the information infrastructure of the Department 

of Defense, and the compliance of that infrastructure with such 

policies, procedures, and practices, including automation of— 

(A) management, operational, and technical controls of 

every information system identified in the inventory required under section 3505(c) of title 44, United States 

Code; and 

(B) management, operational, and technical controls relied on for evaluations under section 3545 of title 44, 

United States Code. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘information security incident’’ means an occurrence that— 

(A) actually or potentially jeopardizes the confidentiality, 

integrity, or availability of an information system or the 

information such system processes, stores, or transmits; or 

(B) constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable 

use policies with respect to an information system. 


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(2) The term ‘‘information infrastructure’’ means the underlying framework, equipment, and software that an information 

system and related assets rely on to process, transmit, receive, 

or store information electronically. 

(3) The term ‘‘national security system’’ has the meaning 

given that term in section 3542(b)(2) of title 44, United States 

Code. 

SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSURANCE. 

(a) STRATEGY REQUIRED.—The Secretary of Defense shall develop 

and implement, by not later than October 1, 2011, a strategy for 

assuring the security of software and software-based applications 

for all covered systems. 

(b) COVERED SYSTEMS.—For purposes of this section, a covered 

system is any critical information system or weapon system of the 

Department of Defense, including the following: 

(1) A major system, as that term is defined in section 2302(5) 

of title 10, United States Code. 

(2) A national security system, as that term is defined in section 3542(b)(2) of title 44, United States Code. 

(3) Any Department of Defense information system categorized as Mission Assurance Category I. 

(4) Any Department of Defense information system categorized as Mission Assurance Category II in accordance with 

Department of Defense Directive 8500.01E. 

(c) ELEMENTS.—The strategy required by subsection (a) shall include the following: 

(1) Policy and regulations on the following: 

(A) Software assurance generally. 

(B) Contract requirements for software assurance for 

covered systems in development and production. 

(C) Inclusion of software assurance in milestone reviews 

and milestone approvals. 

(D) Rigorous test and evaluation of software assurance 

in development, acceptance, and operational tests. 

(E) Certification and accreditation requirements for software assurance for new systems and for updates for legacy 

systems, including mechanisms to monitor and enforce reciprocity of certification and accreditation processes among 

the military departments and Defense Agencies. 

(F) Remediation in legacy systems of critical software assurance deficiencies that are defined as critical in accordance with the Application Security Technical Implementation Guide of the Defense Information Systems Agency. 

(2) Allocation of adequate facilities and other resources for 

test and evaluation and certification and accreditation of software to meet applicable requirements for research and development, systems acquisition, and operations. 

(3) Mechanisms for protection against compromise of information systems through the supply chain or cyber attack by 

acquiring and improving automated tools for— 

(A) assuring the security of software and software applications during software development; 

(B) detecting vulnerabilities during testing of software; 

and 


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(C) detecting intrusions during real-time monitoring of 

software applications. 

(4) Mechanisms providing the Department of Defense with 

the capabilities— 

(A) to monitor systems and applications in order to detect and defeat attempts to penetrate or disable such systems and applications; and 

(B) to ensure that such monitoring capabilities are integrated into the Department of Defense system of cyber defense-in-depth capabilities. 

(5) An update to Committee for National Security Systems 

Instruction No. 4009, entitled ‘‘National Information Assurance 

Glossary’’, to include a standard definition for software security 

assurance. 

(6) Either— 

(A) mechanisms to ensure that vulnerable Mission Assurance Category III information systems, if penetrated, 

cannot be used as a foundation for penetration of protected 

covered systems, and means for assessing the effectiveness 

of such mechanisms; or 

(B) plans to address critical vulnerabilities in Mission 

Assurance Category III information systems to prevent 

their use for intrusions of Mission Assurance Category I 

systems and Mission Assurance Category II systems. 

(7) A funding mechanism for remediation of critical software 

assurance vulnerabilities in legacy systems. 

(d) REPORT.—Not later than October 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report 

on the strategy required by subsection (a). The report shall include 

the following: 

(1) A description of the current status of the strategy required by subsection (a) and of the implementation of the strategy, including a description of the role of the strategy in the 

risk management by the Department regarding the supply 

chain and in operational planning for cyber security. 

(2) A description of the risks, if any, that the Department 

will accept in the strategy due to limitations on funds or other 

applicable constraints. 

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

(a) STRATEGY REQUIRED.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop 

a strategy to provide for the rapid acquisition of tools, applications, 

and other capabilities for cyber warfare for the United States 

Cyber Command and the cyber operations components of the military departments. 

(b) BASIC ELEMENTS.—The strategy required by subsection (a) 

shall include the following: 

(1) An orderly process for determining and approving operational requirements. 

(2) A well-defined, repeatable, transparent, and disciplined 

process for developing capabilities to meet such requirements, 

in accordance with the information technology acquisition process developed pursuant to section 804 of the National Defense 


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Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 

U.S.C. 2225 note). 

(3) The allocation of facilities and other resources to thoroughly test such capabilities in development, before deployment, and before use in order to validate performance and take 

into account collateral damage and other so-called second-order 

effects. 

(c) ADDITIONAL ELEMENTS.—The strategy required by subsection 

(a) shall also provide for the following: 

(1) Safeguards to prevent— 

(A) the circumvention of operational requirements and 

acquisition processes through informal relationships 

among the United States Cyber Command, the Armed 

Forces, the National Security Agency, and the Defense Information Systems Agency; and 

(B) the abuse of quick-reaction processes otherwise available for the rapid fielding of capabilities. 

(2) The establishment of reporting and oversight processes 

for requirements generation and approval for cyber warfare capabilities, the assignment of responsibility for providing capabilities to meet such requirements, and the execution of development and deployment of such capabilities, under the authority of the Chairman of the Joint Requirements Oversight Council, the Under Secretary of Defense for Policy, and other officials in the Office of the Secretary of Defense, as designated in 

the strategy. 

(3) The establishment and maintenance of test and evaluation facilities and resources for cyber infrastructure to support 

research and development, operational test and evaluation, 

operational planning and effects testing, and training by replicating or emulating networks and infrastructure maintained 

and operated by the military and political organizations of potential United States adversaries, by domestic and foreign telecommunications service providers, and by the Department of 

Defense. 

(4) An organization or organizations within the Department 

of Defense to be responsible for the operation and maintenance 

of cyber infrastructure for research, development, test, and 

evaluation purposes. 

(5) Appropriate disclosure regarding United States cyber 

warfare capabilities to the independent test and evaluation 

community, and the involvement of that community in the development and maintenance of such capabilities, regardless of 

classification. 

(6) The role of the private sector and appropriate Department of Defense organizations in developing capabilities to operate in cyberspace, and a clear process for determining whether to allocate responsibility for responding to Department of 

Defense cyber warfare requirements through Federal Government personnel, contracts with private sector entities, or a 

combination of both. 

(7) The roles of each military department, and of the combat 

support Defense Agencies, in the development of cyber warfare 


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capabilities in support of offensive, defensive, and intelligence 

operational requirements. 

(8) Mechanisms to promote information sharing, cooperative 

agreements, and collaboration with international, interagency, 

academic, and industrial partners in the development of cyber 

warfare capabilities. 

(9) The manner in which the Department of Defense will 

promote interoperability, share innovation, and avoid unproductive duplication in cyber warfare capabilities through specialization among the components of the Department responsible for developing cyber capabilities. 

(d) REPORT ON STRATEGY.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the appropriate committees of Congress a report on the strategy required by subsection (a). The report 

shall include a comprehensive description of the strategy and 

plans (including a schedule) for the implementation of the 

strategy. 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services, the Committee on 

Appropriations, and the Select Committee on Intelligence 

of the Senate; and 

(B) the Committee on Armed Services, the Committee on 

Appropriations, and the Permanent Select Committee on 

Intelligence of the House of Representatives. 

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

(a) REPORT REQUIRED.—Not later than March 1, 2011, the Secretary of Defense shall submit to Congress a report on the cyber 

warfare policy of the Department of Defense. 

(b) ELEMENTS.—The report required under this section shall include the following: 

(1) A description of the policy and legal issues investigated 

and evaluated by the Department in considering the range of 

missions and activities that the Department may choose to conduct in cyberspace. 

(2) The decisions of the Secretary with respect to such issues, 

and the recommendations of the Secretary to the President for 

decisions on such of those issues as exceed the authority of the 

Secretary to resolve, together with the rationale and justification of the Secretary for such decisions and recommendations. 

(3) A description of the intentions of the Secretary with regard to modifying the National Military Strategy for Cyberspace Operations. 

(4) The current use of, and potential applications of, modeling and simulation tools to identify likely cybersecurity 

vulnerabilities, as well as new protective and remediation 

means, within the Department. 

(5) The application of modeling and simulation technology to 

develop strategies and programs to deter hostile or malicious 


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activity intended to compromise Department information systems. 

(c) FORM.—The report required under this section shall be submitted in unclassified form, but may include a classified annex. 

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

(a) REPORTS ON PROGRESS REQUIRED.—Not later than 180 days 

after the date of the enactment of this Act, and March 1 every year 

thereafter through 2015, the Secretary of Defense shall submit to 

the congressional defense committees a report on the progress of 

the Department of Defense in defending the Department and the 

defense industrial base from cyber events (such as attacks, intrusions, and theft). 

(b) ELEMENTS.—Each report under subsection (a) shall include 

the following: 

(1) In the case of the first report, a baseline for measuring 

the progress of the Department of Defense in defending the Department and the defense industrial base from cyber events, 

including definitions of significant cyber events, an appropriate 

categorization of various types of cyber events, the basic methods used in various cyber events, the vulnerabilities exploited 

in such cyber events, and the metrics to be utilized to determine whether the Department is or is not making progress 

against an evolving cyber threat. 

(2) An ongoing assessment of such baseline against key cyber 

defense strategies (described in subsection (c)) to determine implementation progress. 

(3)(A) A description of the nature and scope of significant 

cyber events against the Department and the defense industrial base during the preceding year, including, for each such 

event, a description of the intelligence or other Department 

data acquired, the extent of the corruption or compromise of 

Department information or weapon systems, and the impact of 

such event on the Department generally and on operational capabilities. 

(B) For any such event that has been investigated by or on 

behalf of the Damage Assessment Management Office, a synopsis of each damage assessment report, with emphasis on actions needing remediation. 

(4) A comparative assessment of the offensive cyber warfare 

capabilities of current representative potential United States 

adversaries and nations with advanced cyber warfare capabilities with the capacity of the United States to defend— 

(A) military networks and mission capabilities; and 

(B) critical infrastructure. 

(5) A comparative assessment of the offensive cyber warfare 

capabilities of the United States with the capacity of current 

representative potential United States adversaries and nations 

with advanced cyber warfare capabilities to defend against 

cyber attacks. 

(6) A comparative assessment of the degree of dependency of 

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tions with advanced cyber warfare capabilities, and the United 

States on networks that can be attacked through cyberspace. 

(7) A description of known or suspected identified supply 

chain vulnerabilities, including known or suspected supply 

chain attacks, and actions to remediate such vulnerabilities. 

(c) KEY CYBER DEFENSE STRATEGIES.—For purposes of subsection 

(b)(2), key cyber defense strategies include the following: 

(1) Relevant valid Homeland Security Presidential Directives 

and National Security Presidential Directives. 

(2) The Comprehensive National Cybersecurity Initiative. 

(3) The National Military Strategy for Cyberspace Operations implementation plan. 

(d) PERFORMANCE OF CERTAIN ASSESSMENTS.—The comparative 

assessment of critical infrastructure required by subsection 

(b)(4)(B) shall be performed by the Secretary of Homeland Security, 

in coordination with the Secretary of Defense and the heads of 

other agencies of the Government with specific responsibility for 

critical infrastructure. 

(e) FORM.—Each report under this section shall be submitted in 

unclassified form, but may include a classified annex. 

Subtitle E—Other Matters 

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

(a) EXTENSION OF WAIVER.—Paragraph (1) of section 941(b) of 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4577; 10 U.S.C. 184 

note) is amended by striking ‘‘fiscal years 2009 and 2010’’ and inserting ‘‘fiscal years 2009 through 2012’’. 

(b) ANNUAL REPORT.—Paragraph (3) of such section is amended 

by striking ‘‘in 2010 and 2011’’ and inserting ‘‘in each year through 

2013’’. 

SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES 

AND MISSIONS REVIEW IN 2011. 

(a) ADDITIONAL ACTIVITIES CONSIDERED.—As part of the quadrennial roles and missions review conducted in 2011 pursuant to 

section 118b of title 10, United States Code, the Secretary of Defense shall give consideration to the following activities, giving particular attention to their role in counter-terrorism operations: 

(1) Information operations. 

(2) Detention and interrogation. 

(b) ADDITIONAL REPORT REQUIREMENT.—In the report required 

by section 118b(d) of such title for such review in 2011, the Secretary of Defense shall— 

(1) provide clear guidance on the nature and extent of which 

core competencies are associated with the activities listed in 

subsection (a); and 

(2) identify the elements of the Department of Defense that 

are responsible or should be responsible for providing such core 

competencies. 


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SEC. 943. REPORT ON ORGANIZATIONAL STRUCTURE AND POLICY 

GUIDANCE OF THE DEPARTMENT OF DEFENSE REGARDING INFORMATION OPERATIONS. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the organizational structure and policy guidance of the Department of Defense with respect to information operations. 

(b) REVIEW.—In preparing the report required by subsection (a), 

the Secretary shall review the following: 

(1) The extent to which the current definition of ‘‘information 

operations’’ in Department of Defense Directive 3600.1 is appropriate. 

(2) The location of the office within the Department of the 

lead official responsible for information operations of the Department, including assessments of the most effective location 

and the need to designate a principal staff assistant to the Secretary of Defense for information operations. 

(3) Departmental responsibility for the development, coordination, and oversight of Department policy on information operations and for the integration of such operations. 

(4) Departmental responsibility for the planning, execution, 

and oversight of Department information operations. 

(5) Departmental responsibility for coordination within the 

Department, and between the Department and other departments and agencies of the Federal Government, regarding Department information operations, and for the resolution of conflicts in the discharge of such operations, including an assessment of current coordination bodies and decisionmaking processes. 

(6) The roles and responsibilities of the military departments, combat support agencies, the United States Special Operations Command, and the other combatant commands in the 

development and implementation of information operations. 

(7) The roles and responsibilities of the defense intelligence 

agencies for support of information operations. 

(8) The role in information operations of the following Department officials: 

(A) The Assistant Secretary of Defense for Public Affairs. 

(B) The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict. 

(C) The senior official responsible for information processing and networking capabilities. 

(9) The role of related capabilities in the discharge of information operations, including public affairs capabilities, civilmilitary 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 


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policy directives pertaining to the uses of contractors for these 

purposes. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, with a classified annex, if necessary. 

(d) DEPARTMENT OF DEFENSE DIRECTIVE.—Upon the submittal of 

the report required by subsection (a), the Secretary shall prescribe 

a revised directive for the Department of Defense on information 

operations. The directive shall take into account the results of the 

review conducted for purposes of the report. 

(e) INFORMATION OPERATIONS DEFINED.—In this section, the term 

‘‘information operations’’ means the information operations specified in Department of Defense Directive 3600.1, as follows: 

(1) Electronic warfare. 

(2) Computer network operations. 

(3) Psychological operations. 

(4) Military deception. 

(5) Operations security. 

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

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report on the organizational structures of the headquarters of the geographic combatant commands. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A description of the organizational structure of the headquarters of each geographic combatant command. 

(2) An assessment of the benefits and limitations of the different organizational structures in meeting the broad range of 

military missions of the geographic combatant commands. 

(3) A description and assessment of the role and contributions of other departments and agencies of the Federal Government within each organizational structure, including a description of any plans to expand interagency participation in the geographic combatant commands in the future. 

(4) A description of any lessons learned from the ongoing reorganization of the organizational structure of the United 

States Southern Command and the United States Africa Command, including an assessment of the value, if any, added by 

the position of civilian deputy to the commander of the United 

States Southern Command and to the commander of the 

United States Africa Command. 

(5) Any other matters the Secretary and the Chairman consider appropriate. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of additional appropriations for operations in Afghanistan, 

Iraq, and Haiti for fiscal year 2010. 

Sec. 1003. Budgetary effects of this Act. 


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Subtitle B—Counter-Drug Activities 

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1012. Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Sec. 1014. Support for counter-drug activities of certain foreign governments. 

Sec. 1015. Notice to Congress on military construction projects for facilities of the 

Department of Defense and foreign law enforcement agencies for 

counter-drug activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Extension of authority for reimbursement of expenses for certain Navy 

mess operations. 

Sec. 1022. Expressing the sense of Congress regarding the naming of a naval combat vessel after Father Vincent Capodanno. 

Sec. 1023. Requirements for long-range plan for construction of naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1032. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign countries 

and other foreign entities. 

Sec. 1034. Prohibition on the use of funds to modify or construct facilities in the 

United States to house detainees transferred from United States Naval 

Station, Guantanamo Bay, Cuba. 

Sec. 1035. Comprehensive review of force protection policies. 

Subtitle E—Homeland Defense and Civil Support 

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

Subtitle F—Studies and Reports 

Sec. 1051. Interagency national security knowledge and skills. 

Sec. 1052. Report on establishing a Northeast Regional Joint Training Center. 

Sec. 1053. Comptroller General report on previously requested reports. 

Sec. 1054. Biennial report on nuclear triad. 

Sec. 1055. Comptroller General study on common alignment of world regions in departments and agencies with international responsibilities. 

Sec. 1056. Required reports concerning bomber modernization, sustainment, and 

recapitalization efforts in support of the national defense strategy. 

Sec. 1057. Comptroller General study and recommendations regarding security of 

southern land border of the United States. 

Subtitle G—Miscellaneous Authorities and Limitations 

Sec. 1061. Public availability of Department of Defense reports required by law. 

Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons. 

Sec. 1063. Development of criteria and methodology for determining the safety and 

security of nuclear weapons. 

Subtitle H—Other Matters 

Sec. 1071. National Defense Panel. 

Sec. 1072. Sale of surplus military equipment to State and local homeland security 

and emergency management agencies. 

Sec. 1073. Defense research and development rapid innovation program. 

Sec. 1074. Authority to make excess nonlethal supplies available for domestic emergency assistance. 

Sec. 1075. Technical and clerical amendments. 

Sec. 1076. Study on optimal balance of manned and remotely piloted aircraft. 

Sec. 1077. Treatment of successor contingency operation to Operation Iraqi Freedom. 


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Sec. 1078. Program to assess the utility of non-lethal weapons. 

Sec. 1079. Sense of Congress on strategic nuclear force reductions. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the 

Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal 

year 2011 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,000,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL

AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations— 

(1) may only be used to provide authority for items that have 

a higher priority than the items from which authority is transferred; and 

(2) may not be used to provide authority for an item that has 

been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made from 

one account to another under the authority of this section shall be 

deemed to increase the amount authorized for the account to which 

the amount is transferred by an amount equal to the amount 

transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OPERATIONS IN AFGHANISTAN, IRAQ, AND HAITI FOR FISCAL 

YEAR 2010. 

In addition to the amounts otherwise authorized to be appropriated by this division, the amounts authorized to be appropriated 

for fiscal year 2010 in title XV of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) are hereby increased, with respect to any such authorized amount, as follows: 

(1) The amounts provided in sections 1502 through 1507 of 

such Act for the following procurement accounts are increased 

as follows: 

(A) For aircraft procurement, Army, by $182,170,000. 

(B) For weapons and tracked combat vehicles procurement, Army, by $3,000,000. 

(C) For ammunition procurement, Army, by $17,055,000. 

(D) For other procurement, Army, by $1,997,918,000. 

(E) For the Joint Improvised Explosive Device Defeat 

Fund, by $400,000,000. 


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(F) For aircraft procurement, Navy, by $104,693,000. 

(G) For other procurement, Navy, by $15,000,000. 

(H) For procurement, Marine Corps, by $18,927,000. 

(I) For aircraft procurement, Air Force, by $209,766,000. 

(J) For ammunition procurement, Air Force, by 

$5,000,000. 

(K) For other procurement, Air Force, by $576,895,000. 

(L) For the Mine Resistant Ambush Protected Vehicle 

Fund, by $1,123,000,000. 

(M) For defense-wide activities, by $189,276,000. 

(2) The amounts provided in section 1508 of such Act for research, development, test, and evaluation are increased as follows: 

(A) For the Army, by $61,962,000. 

(B) For the Navy, by $5,360,000. 

(C) For the Air Force, by $187,651,000. 

(D) For defense-wide activities, by $22,138,000. 

(3) The amounts provided in sections 1509, 1511, 1513, 1514, 

and 1515 of such Act for operation and maintenance are increased as follows: 

(A) For the Army, by $11,700,965,000. 

(B) For the Navy, by $2,428,702,000. 

(C) For the Marine Corps, by $1,090,873,000. 

(D) For the Air Force, by $3,845,047,000. 

(E) For defense-wide activities, by $1,188,421,000. 

(F) For the Army Reserve, by $67,399,000. 

(G) For the Navy Reserve, by $61,842,000. 

(H) For the Marine Corps Reserve, by $674,000. 

(I) For the Air Force Reserve, by $95,819,000. 

(J) For the Army National Guard, by $171,834,000. 

(K) For the Air National Guard, by $161,281,000. 

(L) For the Defense Health Program, by $33,367,000. 

(M) For Drug Interdiction and Counterdrug Activities, 

Defense-wide, by $94,000,000. 

(N) For the Afghanistan Security Forces Fund, by 

$2,604,000,000. 

(O) For the Iraq Security Forces Fund, by 

$1,000,000,000. 

(P) For Overseas Humanitarian, Disaster, and Civic Aid, 

by $255,000,000. 

(Q) For Overseas Contingency Operations Transfer Fund, by $350,000,000. (R) For Working Capital Funds, by $974,967,000. 

(4) The amount provided in section 1512 of such Act for mili- tary 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. 


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Subtitle B—Counter-Drug Activities 

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

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

2042), as most recently amended by section 1011 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2441), is further amended— 

(1) in subsection (a), by striking ‘‘2010’’ and inserting ‘‘2011’’; 

and 

(2) in subsection (c), by striking ‘‘2010’’ and inserting ‘‘2011’’. 

SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK FORCES 

SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING 

COUNTER-TERRORISM ACTIVITIES. 

(a) EXTENSION.—Subsection (b) of section 1022 of the National 

Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 

note) is amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 

(b) AVAILABILITY OF AUTHORITY.— (1) ADDITIONAL CONDITION ON AUTHORITY FOR SUPPORT AND

ASSOCIATED WAIVER AUTHORITY.—Subsection (d) of such section 

is amended— 

(A) by inserting ‘‘(1)’’ before ‘‘Any support’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2)(A) Support for counter-terrorism activities provided under 

subsection (a) may only be provided if the Secretary of Defense determines that the objectives of using the counter-drug funds of any 

joint task force to provide such support relate significantly to the 

objectives of providing support for counter-drug activities by that 

joint task force or any other joint task force. 

‘‘(B) The Secretary of Defense may waive the requirements of 

subparagraph (A) if the Secretary determines that such a waiver 

is vital to the national security interests of the United States. The 

Secretary shall promptly submit to Congress notice in writing of 

any waiver issued under this subparagraph. 

‘‘(C) The Secretary of Defense may delegate any responsibility of 

the Secretary under subparagraph (B) to the Deputy Secretary of 

Defense or to the Under Secretary of Defense for Policy. Except as 

provided in the preceding sentence, such a responsibility may not 

be delegated to any official of the Department of Defense or any 

other official.’’. 

(2) ANNUAL CERTIFICATION OF COMPLIANCE.—Subsection (c) 

of such section is amended by adding at the end the following 

new paragraph: 

‘‘(4) A certification by the Secretary of Defense that any support provided under subsection (a) during such one-year period 

was provided in compliance with the requirements of subsection (d).’’. 

(3) INTERIM COMPLIANCE REPORT.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth— 

(A) a description of each support activity provided by a 

joint task force under subsection (a) of section 1022 of the 

National Defense Authorization Act for Fiscal Year 2004 


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(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 COUNTERDRUG ACTIVITIES. 

(a) NOTICE TO CONGRESS.— 

(1) NOTICE.—Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended— 

(A) in subsection (b)(4), by inserting ‘‘for the purpose of 

facilitating’’ after ‘‘within or outside the United States or’’; 

and 

(B) in subsection (h)(2)(A)— 

(i) by striking ‘‘modification or repair’’ and inserting 

‘‘construction, modification, or repair’’; 

(ii) by striking ‘‘a Department of Defense facility’’ 

and inserting ‘‘any facility’’; and 

(iii) by striking ‘‘purpose’’ and inserting ‘‘purposes’’. 

(2) CONSTRUCTION OF NOTICE.—Subsection (h) of such section 

is further amended by adding at the end the following new 

paragraph: 

‘‘(3) This subsection may not be construed as an authorization for 

the use of funds for any military construction project that would 

exceed the approved cost limitations of an unspecified minor military construction project under section 2805(a)(2) of title 10, United 

States Code.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on the date of the enactment of this Act, and shall 

apply with respect to facilities projects for which a decision is made 

to be carried out on or after that date. 


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Subtitle C—Naval Vessels and Shipyards 

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

(a) EXTENSION.—Subsection (b) of section 1014 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4585) is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2015’’. 

(b) CLARIFICATION OF SCOPE OF AUTHORITY.—Subsection (a) of 

such section is amended by inserting ‘‘in any fiscal year’’ after ‘‘may 

be used’’. 

SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARDING THE 

NAMING OF A NAVAL COMBAT VESSEL AFTER FATHER VINCENT 

CAPODANNO. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Father Vincent Capodanno was born on February 13, 

1929, in Staten Island, New York. 

(2) After attending Fordham University for a year, he entered the Maryknoll Missionary Seminary in upstate New York 

in 1949, and was ordained a Catholic priest in June 1957. 

(3) Father Capodanno’s first assignment as a missionary was 

working with aboriginal Taiwanese people in the mountains of 

Taiwan where he served in a parish and later in a school. After 

several years, Father Capodanno returned to the United States 

for leave and then was assigned to a Maryknoll school in Hong 

Kong. 

(4) Father Vincent Capodanno volunteered as a Navy Chaplain and was commissioned a Lieutenant in the Chaplain 

Corps of the United States Naval Reserve in December 28, 

1965. 

(5) Father Vincent Capodanno selflessly extended his combat 

tour in Vietnam on the condition he was allowed to remain 

with the infantry. 

(6) On September 4, 1967, during a fierce battle in the 

Thang Binh District of the Que-Son Valley in Vietnam, Father 

Capodanno went among the wounded and dying, giving last 

rites and caring for the injured. He was killed that day while 

taking care of his Marines. 

(7) On January 7, 1969, Father Vincent Capodanno was 

awarded the Medal of Honor posthumously for comforting the 

wounded and dying during the Vietnam conflict. For his dedicated service, Father Capodanno was also awarded the Bronze 

Star, the Purple Heart, the Presidential Unit Citation, the National Defense Service Medal, the Vietnam Service Medal, the 

Vietnam Gallantry Cross with Palm, and the Vietnam Campaign Medal. 

(8) In his memory, the U.S.S. Capodanno was commissioned 

on September 17, 1973. It is the only Naval vessel to date to 

have received a Papal blessing by Pope John Paul II in Naples, 

Italy, on September 4, 1981. 

(9) The U.S.S. Capodanno was decommissioned on July 30, 

1993. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Navy should name a combat vessel of the United 

States Navy the ‘‘U.S.S. Father Vincent Capodanno’’, in honor of 


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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: 

‘‘§ 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 longrange plan for the construction of combatant and support vessels 

for the Navy that supports the force structure recommendations of 

the quadrennial defense review. 

‘‘(b) MATTERS INCLUDED.—The plan under subsection (a) shall include the following: 

‘‘(1) A detailed construction schedule of naval vessels for the 

10-year period beginning on the date on which the plan is submitted, including a certification by the Secretary that the 

budget for the fiscal year in which the plan is submitted and 

the budget for the future-years defense program submitted 

under section 221 of this title are sufficient for funding such 

schedule. 

‘‘(2) A probable construction schedule for the 10-year period 

beginning on the date that is 10 years after the date on which 

the plan is submitted. 

‘‘(3) A notional construction schedule for the 10-year period 

beginning on the date that is 20 years after the date on which 

the plan is submitted. 

‘‘(4) The estimated levels of annual funding necessary to 

carry out the construction schedules under paragraphs (1), (2), 

and (3). 

‘‘(5) For the construction schedules under paragraphs (1) and 

(2)— 

‘‘(A) a determination by the Director of Cost Assessment 

and Program Evaluation of the level of funding necessary 

to execute such schedules; and 

‘‘(B) an evaluation by the Director of the potential risk 

associated with such schedules, including detailed effects 

on operational plans, missions, deployment schedules, and 

fulfillment of the requirements of the combatant commanders. 

‘‘(c) NAVAL COMPOSITION.—In submitting the plan under subsection (a), the Secretary shall ensure that such plan is in accordance with section 5062(b) of this title. 

‘‘(d) ASSESSMENT WHEN BUDGET IS INSUFFICIENT.—If the budget 

for a fiscal year provides for funding of the construction of naval 

vessels at a level that is less than the level determined necessary 

by the Director of Cost Assessment and Program Evaluation under 

subsection (b)(5), the Secretary of the Navy shall include with the 

defense budget materials for that fiscal year an assessment that 

describes and discusses the risks associated with the budget, inVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00240 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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cluding the risk associated with a reduced force structure that may 

result from funding naval vessel construction at such a level. 

‘‘(e) CBO EVALUATION.—Not later than 60 days after the date on 

which the congressional defense committees receive the plan under 

subsection (a), the Director of the Congressional Budget Office shall 

submit to such committees a report assessing the sufficiency of the 

estimated levels of annual funding included in such plan with respect to the budget submitted during the year in which the plan 

is submitted and the future-years defense program submitted 

under section 221 of this title. 

‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In any year in which 

a quadrennial defense review is not submitted and the budget of 

the President submitted under section 1105(a) of title 31 decreases 

the number of vessels requested in the future-years defense program submitted under section 221 of this title, the Secretary of the 

Navy shall submit to the congressional defense committees a report 

on such decrease including— 

‘‘(1) an addendum to the most recent quadrennial defense review that fully explains and justifies the decrease with respect 

to the national security strategy of the United States as set 

forth in the most recent national security strategy report of the 

President under section 108 of the National Security Act of 

1947 (50 U.S.C. 404a); and 

‘‘(2) a description of the additional reviews and analyses considered by the Secretary after the previous quadrennial defense review was submitted that justify the decrease. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(2) The term ‘defense budget materials’, with respect to a 

fiscal year, means the materials submitted to Congress by the 

Secretary of Defense in support of the budget for that fiscal 

year. 

‘‘(3) The term ‘quadrennial defense review’ means the review 

of the defense programs and policies of the United States that 

is carried out every four years under section 118 of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 231 and inserting the following new item: 

‘‘231. Long-range plan for construction of naval vessels.’’. 

Subtitle D—Counterterrorism 

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

Section 127b(c)(3)(C) of title 10, United States Code, is amended 

by striking ‘‘2010’’ and inserting ‘‘2011’’. 

SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 

OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUBA. 

None of the funds authorized to be appropriated by this Act for 

fiscal year 2011 may be used to transfer, release, or assist in the 

transfer or release to or within the United States, its territories, 


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or possessions of Khalid Sheikh Mohammed or any other detainee 

who— 

(1) is not a United States citizen or a member of the Armed 

Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

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

(a) LIMITATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), during the one-year period beginning on the date of the enactment 

of this Act, the Secretary of Defense may not use any of the 

amounts authorized to be appropriated by this Act or otherwise 

available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or effective control of the individual’s country of origin, any other foreign 

country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) by 

not later than 30 days before the transfer of the individual. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained at 

Guantanamo to effectuate an order affecting the disposition of 

the individual that is issued by a court or competent tribunal 

of the United States having lawful jurisdiction. The Secretary 

shall notify Congress promptly upon issuance of any such 

order. 

(b) CERTIFICATION.—The certification described in this subsection 

is a written certification made by the Secretary of Defense, with 

the concurrence of the Secretary of State, that the government of 

the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred— 

(1) is not a designated state sponsor of terrorism or a designated foreign terrorist organization; 

(2) maintains effective control over each detention facility in 

which an individual is to be detained if the individual is to be 

housed in a detention facility; 

(3) is not, as of the date of the certification, facing a threat 

that is likely to substantially affect its ability to exercise control over the individual; 

(4) has agreed to take effective steps to ensure that the individual cannot take action to threaten the United States, its 

citizens, or its allies in the future; 

(5) has taken such steps as the Secretary determines are 

necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and 

(6) has agreed to share any information with the United 

States that— 

(A) is related to the individual or any associates of the 

individual; and 


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(B) could affect the security of the United States, its citizens, or its allies. 

(c) PROHIBITION AND WAIVER IN CASES OF PRIOR CONFIRMED RECIDIVISM.— 

(1) PROHIBITION.—Except as provided in paragraph (3), during the one-year period beginning on the date of the enactment 

of this Act, the Secretary of Defense may not use any amount 

authorized to be appropriated or otherwise made available to 

the Department of Defense to transfer any individual detained 

at Guantanamo to the custody or effective control of the individual’s country of origin, any other foreign country, or any 

other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, 

Guantanamo Bay, Cuba, at any time after September 11, 2001, 

who was transferred to the foreign country or entity and subsequently engaged in any terrorist activity. 

(2) WAIVER.—The Secretary of Defense may waive the prohibition in paragraph (1) if the Secretary determines that such 

a transfer is in the national security interests of the United 

States and includes, as part of the certification described in 

subsection (b) relating to such transfer, the determination of 

the Secretary under this paragraph. 

(3) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained at 

Guantanamo to effectuate an order affecting the disposition of 

the individual that is issued by a court or competent tribunal 

of the United States having lawful jurisdiction. The Secretary 

shall notify Congress promptly upon issuance of any such 

order. 

(d) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘individual detained at Guantanamo’’ means 

any individual who is located at United States Naval Station, 

Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(A) is not a citizen of the United States or a member of 

the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the effective control of the 

Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(2) The term ‘‘foreign terrorist organization’’ means any organization so designated by the Secretary of State under section 

219 of the Immigration and Nationality Act (8 U.S.C. 1189). 

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

GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act may be used to construct or modify any facility 

in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or 

imprisonment in the custody or under the effective control of the 

Department of Defense. 


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(b) EXCEPTION.—The prohibition in subsection (a) shall not apply 

to any modification of facilities at United States Naval Station, 

Guantanamo Bay, Cuba. 

(c) INDIVIDUALS DESCRIBED.—An individual described in this subsection is any individual who, as of October 1, 2009, is located at 

United States Naval Station, Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member of the 

Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of the 

Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

(d) REPORT ON USE OF FACILITIES IN THE UNITED STATES TO

HOUSE DETAINEES TRANSFERRED FROM GUANTANAMO.— (1) REPORT REQUIRED.—Not later than April 1, 2011, the Secretary of Defense shall submit to the congressional defense 

committees a report, in classified or unclassified form, on the 

merits, costs, and risks of using any proposed facility in the 

United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention 

or imprisonment in the custody or under the effective control 

of the Department of Defense. 

(2) ELEMENTS OF THE REPORT.—The report required in paragraph (1) shall include each of the following: 

(A) A discussion of the merits associated with any such 

proposed facility that would justify— 

(i) using the facility instead of the facility at United 

States Naval Station, Guantanamo Bay, Cuba; and 

(ii) the proposed facility’s contribution to effecting a 

comprehensive policy for continuing military detention 

operations. 

(B) The rationale for selecting the specific site for any 

such proposed facility, including details for the processes 

and criteria used for identifying the merits described in 

subparagraph (A) and for selecting the proposed site over 

reasonable alternative sites. 

(C) A discussion of any potential risks to any community 

in the vicinity of any such proposed facility, the measures 

that could be taken to mitigate such risks, and the likely 

cost to the Department of Defense of implementing such 

measures. 

(D) A discussion of any necessary modifications to any 

such proposed facility to ensure that any detainee transferred from Guantanamo Bay to such facility could not 

come into contact with any other individual, including any 

other person detained at such facility, that is not approved 

for such contact by the Department of Defense, and an assessment of the likely costs of such modifications. 

(E) A discussion of any support at the site of any such 

proposed facility that would likely be provided by the Department of Defense, including the types of support, the 

number of personnel required for each such type, and an 

estimate of the cost of such support. 


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(F) A discussion of any support, other than support provided at a proposed facility, that would likely be provided 

by the Department of Defense for the operation of any 

such proposed facility, including the types of possible support, the number of personnel required for each such type, 

and an estimate of the cost of such support. 

(G) A discussion of the legal issues, in the judgment of 

the Secretary of Defense, that could be raised as a result 

of detaining or imprisoning any individual described in 

subsection (c) at any such proposed facility that could not 

be raised while such individual is detained or imprisoned 

at United States Naval Station, Guantanamo Bay, Cuba. 

SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES. 

(a) COMPREHENSIVE REVIEW REQUIRED.—The Secretary of Defense shall conduct a comprehensive review of Department of Defense policies, regulations, instructions, and directives pertaining to 

force protection within the Department. 

(b) MATTERS COVERED.—The review required under subsection 

(a) shall include an assessment of each of the following: 

(1) Information sharing practices across the Department of 

Defense, and among the State, local, and Federal partners of 

the Department of Defense. 

(2) Antiterrorism and force protection standards relating to 

buildings, including standoff distances. 

(3) Protective standards relating to chemical, biological, radiological, nuclear, and high explosives threats. 

(4) Standards relating to access to Department bases. 

(5) Standards for identity management within the Department, including such standards for identity cards and biometric identifications systems. 

(6) Procedures for validating and approving individuals with 

regular or episodic access to military installations, including 

military personnel, civilian employees, contractors, family 

members of personnel, and other types of visitors. 

(7) Procedures for sharing with appropriate Department of 

Defense officials with responsibility for force protection— 

(A) information from the intelligence or law enforcement 

community regarding possible threats from terrorists or 

terrorist groups, criminal organizations, or other state and 

non-state foreign entities actively working to undermine 

the security interests of the United States; and 

(B) information regarding personnel who have engaged 

in potentially suspicious activities or may otherwise pose 

a threat. 

(8) Any legislative changes recommended for implementing 

the recommendations contained in the review. 

(c) INTERIM REPORT.—Not later than September 1, 2012, the Secretary of Defense shall submit an interim report on the comprehensive review required under subsection (a). 

(d) FINAL REPORT.—Not later than March 1, 2013, the Secretary 

of Defense shall submit to the Committees on Armed Services of 

the Senate and House of Representatives a final report on the comprehensive review required under subsection (a). The final report 


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shall include such findings and recommendations as the Secretary 

considers appropriate based on the review, including recommended 

actions to be taken to implement the specific recommendations in 

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

Subtitle E—Homeland Defense and Civil Support 

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

(a) LIMITATION.—The Secretary of Defense shall ensure that no 

Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive 

Consequence Management Response Force established as of October 1, 2009, is deactivated or disestablished until the Secretary 

provides a certification described in subsection (b). 

(b) CERTIFICATION.—The certification described in this subsection 

is a written certification to the congressional defense committees 

that there exists within the United States Armed Forces an alternative chemical, biological, radiological, nuclear, or high-yield explosive consequence management response capability that is at 

least as capable as two Chemical, Biological, Radiological, Nuclear, 

or High-Yield Explosive Consequence Management Response 

Forces. 

(c) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on plans of the Department of Defense to establish Homeland Response Forces for domestic emergency response to incidents involving weapons of 

mass destruction. 

(2) ELEMENTS OF REPORT.—The report required by this subsection shall include the following: 

(A) A detailed description of the analysis that led to the 

decision to establish Homeland Response Forces described 

in paragraph (1), including— 

(i) whether consideration was given to establishing 

Homeland Response Forces within the Reserves; and 

(ii) the reasons for not planning to establish any 

Homeland Response Forces within the Reserves. 

(B) A detailed description of the plans to establish 

Homeland Response Forces, including— 

(i) the cost and schedule to establish, equip, maintain, and operate the proposed Homeland Response 

Forces; 

(ii) guidelines for the employment of Homeland Response Forces; and 

(iii) the portion of the costs of Homeland Response 

Forces that will be borne by the States. 

(C) A detailed description of the proposed number and 

composition of Homeland Response Forces, including— 

(i) the number and type of units in each Homeland 

Response Force; and 

(ii) the number of personnel in each Homeland Response Force. 


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(D) A comparative assessment of the emergency response capabilities of a Homeland Response Force with the 

capabilities of a Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Consequence Management 

Response Force, including— 

(i) a comparison of the equipment proposed for each 

type of force; 

(ii) a comparison of the proposed means of transportation for each type of force; 

(iii) an estimate of the time it would take each type 

of force to deploy to an incident site; and 

(iv) an estimate of the operational duration of each 

type of force at such a site. 

(E) A description of the command and control arrangements proposed for the Homeland Response Forces, including a description of the degree to which the Homeland Response Forces would be subject to the direction and control 

of the Department of Defense, as compared to the Governor of the State in which they are located. 

(F) The results of the United States Northern Command 

study of the possible concepts of operations and of the implementation of the Homeland Response Force plan in 

such a manner as to provide adequate capability to provide 

Federal defense support to civil authorities during domestic incidents involving weapons of mass destruction. 

(G) Any other matters the Secretary considers appropriate. 

(3) FORM OF REPORT.—The report required by this subsection 

shall be in unclassified form, but may include a classified 

annex. 

Subtitle F—Studies and Reports 

SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND 

SKILLS. 

(a) STUDY REQUIRED.— 

(1) SELECTION OF INDEPENDENT STUDY ORGANIZATION.—Not 

later than 60 days after the date of the enactment of this Act, 

the Secretary of Defense shall select and enter into an agreement with an appropriate independent, nonprofit organization 

to conduct a study of the matters described in subsection (b). 

(2) QUALIFICATIONS OF ORGANIZATION SELECTED.—The organization selected shall be qualified on the basis of having relevant expertise in the fields of national security and human 

capital development, and on the basis of such other criteria as 

the Secretary of Defense may determine. 

(b) MATTERS TO BE COVERED.—The study required by subsection 

(a) shall assess the current state of interagency national security 

knowledge and skills in Department of Defense civilian and military personnel, and make recommendations for strengthening such 

knowledge and skills. At minimum, the study shall include assessments and recommendations on— 

(1) interagency national security training, education, and rotational assignment opportunities available to civilians and 

military personnel; 


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(2) integration of interagency national security education 

into the professional military education system; 

(3) levels of interagency national security knowledge and 

skills possessed by personnel currently serving in civilian executive and general or flag officer positions, as represented by 

the interagency education, training, and professional experiences they have undertaken; 

(4) incentives that enable and encourage military and civilian personnel to undertake interagency assignment, education, 

and training opportunities, as well as disincentives and obstacles that discourage undertaking such opportunities; and 

(5) any plans or current efforts to improve the interagency 

national security knowledge and skills of civilian and military 

personnel. 

(c) REPORT.—Not later than December 1, 2011, the Secretary of 

Defense shall submit to the congressional defense committees a report containing the findings and recommendations from the study 

required by subsection (a). 

(d) DEFINITION.—In this section, the term ‘‘interagency national 

security knowledge and skills’’ means an understanding of, and the 

ability to efficiently and expeditiously work within, the structures, 

mechanisms, and processes by which the departments, agencies, 

and elements of the Federal Government that have national security missions coordinate and integrate their policies, capabilities, 

budgets, expertise, and activities to accomplish such missions. 

SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST REGIONAL 

JOINT TRAINING CENTER. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the need for the 

establishment of a Northeast Regional Joint Training Center. 

(b) CONTENTS OF REPORT.—The report required under subsection 

(a) shall include each of the following: 

(1) A list of facilities in the Northeastern United States at 

which, as of the date of the enactment of this Act, the Department of Defense has deployed or has committed to deploying 

joint training. 

(2) A description of the extent to which such facilities have 

sufficient unused capacity and expertise to accommodate and 

fully utilize joint training. 

(3) A list of potential locations for the Northeast Regional 

Joint Training Center discussed in the report. 

(c) CONSIDERATIONS WITH RESPECT TO LOCATION.—In determining potential locations for the Northeast Regional Joint Training Center to be discussed in the report required under subsection 

(a), the Secretary of Defense shall take into consideration Department of Defense facilities that have— 

(1) a workforce of skilled personnel; 

(2) live, virtual, and constructive training capabilities, and 

the ability to digitally connect them and the associated battle 

command structure at the tactical and operational levels; 

(3) an extensive deployment history in Operation Enduring 

Freedom and Operation Iraqi Freedom; 

(4) a location in the Northeastern United States; 


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(5) the capacity or potential capacity to accommodate a target training audience range of 500 to 4,000 additional personnel; and 

(6) the capability to accommodate the training of current and 

future joint forces. 

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

(a) REPORT REQUIRED.—Not later than March 1, 2011, the Comptroller General of the United States shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a report evaluating the 

sufficiency, adequacy, and conclusions of the following reports: 

(1) The report on Air Force fighter force shortfalls, as required by the report of the House of Representatives numbered 

111–166, which accompanied the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84). 

(2) The report on procurement of 4.5 generation fighters, as 

required by section 131 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2218). 

(3) The report on combat air forces restructuring, as required 

by the report of the House of Representatives numbered 111– 

288, which accompanied the conference report for the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84). 

(b) MATTERS COVERED BY REPORT.—The report required by subsection (a) shall examine the potential costs and benefits of each 

of the following: 

(1) The service life extension program costs to sustain the 

legacy fighter fleet to meet inventory requirements with an 

emphasis on the service life extension program compared to 

other options such as procurement of 4.5 generation fighters. 

(2) The Falcon Structural Augmentation Roadmap of F–16s, 

with emphasis on the cost-benefit of such effort and the effect 

of such efforts on the service life of the airframes. 

(3) Any additional programs designed to extend the service 

life of legacy fighter aircraft. 

(c) PROHIBITION.—No fighter aircraft may be retired from the Air 

Force or the Air National Guard inventory in fiscal year 2011 until 

the date that is 90 days after the date on which the Committee on 

Armed Services of the Senate and the Committee on Armed Services of the House of Representatives receive the report required 

under subsection (a). 

SEC. 1054. BIENNIAL REPORT ON NUCLEAR TRIAD. 

(a) REPORT.—Not later than March 1 of each even-numbered 

year, beginning March 1, 2012, the Secretary of Defense, in consultation with the Administrator for Nuclear Security, shall submit 

to the congressional defense committees a report on the nuclear 

triad. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A detailed discussion of the modernization and 

sustainment plans for each component of the nuclear triad over 

the 10-year period beginning on the date of the report. 


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(2) The funding required for each platform of the nuclear 

triad with respect to operation and maintenance, modernization, and replacement. 

(3) Any industrial capacities that the Secretary considers 

vital to ensure the viability of the nuclear triad. 

(c) NUCLEAR TRIAD DEFINED.—In this section, the term ‘‘nuclear 

triad’’ means the nuclear deterrent capabilities of the United States 

composed of ballistic missile submarines, land-based missiles, and 

strategic bombers. 

SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON ALIGNMENT 

OF WORLD REGIONS IN DEPARTMENTS AND AGENCIES WITH 

INTERNATIONAL RESPONSIBILITIES. 

(a) STUDY REQUIRED.—The Comptroller General of the United 

States shall conduct a study to assess the need for and implications 

of a common alignment of world regions in the internal organization of departments and agencies of the Federal Government with 

international responsibilities. 

(b) DEPARTMENTS AND AGENCIES.—The following departments 

and agencies, at a minimum, shall be included in the study: 

(1) The Department of State. 

(2) The Department of the Treasury. 

(3) The Department of Defense. 

(4) The Department of Justice. 

(5) The Department of Commerce. 

(6) The Department of Homeland Security. 

(7) The United States Agency for International Development. 

(8) The agencies comprising the intelligence community. 

(9) Such other departments, agencies, and Federal organizations with significant international responsibilities as the 

Comptroller General considers appropriate. 

(c) COOPERATION AND ACCESS.—The heads of the departments 

and agencies included in the study shall provide full cooperation 

with, and access to appropriate information on organizational 

structures to, the Comptroller General for the purposes of conducting the study. 

(d) MATTERS COVERED.—The study required under subsection (a) 

shall, at a minimum, assess— 

(1) problems and inefficiencies resulting from lack of a common alignment, including impediments to interagency collaboration; 

(2) obstacles to implementing a common alignment; 

(3) advantages and disadvantages of a common alignment; 

and 

(4) measures taken to address challenges associated with the 

lack of a common alignment. 

(e) REPORT.—The Comptroller General shall submit to Congress 

a report on the study required under subsection (a) not later than 

180 days after the date of the enactment of this Act. 

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

(a) AIR FORCE REPORT.— 

(1) REPORT REQUIRED.—Not later than 360 days after the 

date of the enactment of this Act, the Secretary of the Air 


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Force shall submit to the congressional defense committees a 

report that includes— 

(A) a discussion of the cost, schedule, and performance 

of all planned efforts to modernize and keep viable the existing B–1, B–2, and B–52 bomber fleets and a discussion 

of the forecasted service-life and all sustainment challenges that the Secretary of the Air Force may confront in 

keeping those platforms viable until the anticipated retirement of such aircraft; 

(B) a discussion, presented in a comparison and contrast 

type format, of the scope of the 2007 Next-Generation 

Long Range Strike Analysis of Alternatives guidance and 

subsequent Analysis of Alternatives report tasked by the 

Under Secretary of Defense for Acquisition, Technology, 

and Logistics in the September 11, 2006, Acquisition Decision Memorandum, as compared to the scope and directed 

guidance of the year 2010 Long Range Strike Study effort 

currently being conducted by the Under Secretary of Defense for Policy and the Office of the Secretary of Defense’s 

Cost Assessment and Program Evaluation Office; and 

(C) a discussion of the preliminary costs, any development, testing, fielding and operational employment challenges, capability gaps, limitations, and shortfalls of the 

Secretary of Defense’s plan to field a long-range, penetrating, survivable, persistent and enduring ‘‘family of systems’’ as compared to the preliminary costs, any development, testing, fielding, and operational employment of a 

singular platform that encompasses all the required aforementioned characteristics. 

(2) PREPARATION OF REPORT.—The report under paragraph 

(1) shall be prepared by a federally funded research and development center selected by the Secretary of the Air Force and 

submitted to the Secretary for submittal by the Secretary in 

accordance with that paragraph. 

(b) COST ANALYSIS AND PROGRAM EVALUATION REPORT.—Not 

later than 180 days after the date of the enactment of this Act, the 

Director of the Cost Analysis and Program Evaluation of the Office 

of the Secretary of Defense shall submit to the congressional defense committees a report that includes— 

(1) the assumptions and estimated life-cycle costs of the Department’s long-range, penetrating, survivable, persistent, and 

enduring ‘‘family of systems’’ platforms; and 

(2) the assumptions and estimated life-cycle costs of the Next 

Generation Platform program, as planned, prior to the cancellation of the program on April 6, 2009. 

SEC. 1057. COMPTROLLER GENERAL STUDY AND RECOMMENDATIONS 

REGARDING SECURITY OF SOUTHERN LAND BORDER OF THE 

UNITED STATES. 

(a) STUDY AND REPORT REQUIRED.—The Comptroller General of 

the United States shall conduct a study of the security of the 

southern land border of the United States and ongoing United 

States Government efforts to improve such security. Not later than 

180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services 


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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 doublelayer and triple-layer fencing. 

(4) The increased use of ground-based mobile surveillance 

systems by military or civilian personnel. 

(5) The deployment of additional unmanned aerial systems 

and manned aircraft to provide surveillance of the southern 

land border of the United States. 

(6) The deployment and provision of capability for radio communications interoperability between U.S. Customs and Border 

Protection and State, local, and tribal law enforcement agencies. 

(7) The construction of checkpoints along the southern land 

border of the United States. 


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(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: 

‘‘§ 122a. Public availability of Department of Defense reports 

required by law 

‘‘(a) IN GENERAL.—The Secretary of Defense shall ensure that 

each report described in subsection (b) is made available to the 

public, upon request submitted on or after the date on which such 

report is submitted to Congress, through the Office of the Assistant 

Secretary of Defense for Public Affairs. 

‘‘(b) COVERED REPORTS.—(1) Except as provided in paragraph (2), 

a report described in this subsection is any report that is required 

by law to be submitted to Congress by the Secretary of Defense, or 

by any element of the Department of Defense. 

‘‘(2) A report otherwise described in paragraph (1) is not a report 

described in this subsection if the report contains— 

‘‘(A) classified information; 

‘‘(B) proprietary information; 

‘‘(C) information that is exempt from disclosure under section 

552 of title 5 (commonly referred to as the ‘Freedom of Information Act’); or 

‘‘(D) any other type of information that the Secretary of Defense determines should not be made available to the public in 

the interest of national security.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 3 of such title is amended by inserting after 

the item relating to section 122 the following new item: 

‘‘122a. Public availability of Department of Defense reports required by law.’’. 

(b) EFFECTIVE DATE.—Section 122a of title 10, United States 

Code (as added by subsection (a)), shall take effect 90 days after 

the date of the enactment of this Act, and shall apply with respect 

to reports that are required by law to be submitted to Congress on 

or after that date. 

SEC. 1062. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT 

TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE PRIVATELY OWNED FIREARMS, AMMUNITION, AND 

OTHER WEAPONS. 

(a) IN GENERAL.—Except as provided in subsection (c), the Secretary of Defense shall not prohibit, issue any requirement relating 

to, or collect or record any information relating to the otherwise 

lawful acquisition, possession, ownership, carrying, or other use of 

a privately owned firearm, privately owned ammunition, or another 

privately owned weapon by a member of the Armed Forces or civilVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00253 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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ian employee of the Department of Defense on property that is 

not— 

(1) a military installation; or 

(2) any other property that is owned or operated by the Department of Defense. 

(b) EXISTING REGULATIONS AND RECORDS.— 

(1) REGULATIONS.—Any regulation promulgated before the 

date of enactment of this Act shall have no force or effect to 

the extent that it requires conduct prohibited by this section. 

(2) RECORDS.—Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall destroy any 

record containing information described in subsection (a) that 

was collected before the date of enactment of this Act. 

(c) RULE OF CONSTRUCTION.—Subsection (a) shall not be construed to limit the authority of the Secretary of Defense to— 

(1) create or maintain records relating to, or regulate the 

possession, carrying, or other use of a firearm, ammunition, or 

other weapon by a member of the Armed Forces or civilian employee of the Department of Defense while— 

(A) engaged in official duties on behalf of the Department of Defense; or 

(B) wearing the uniform of an Armed Force; or 

(2) create or maintain records relating to an investigation, 

prosecution, or adjudication of an alleged violation of law (including regulations not prohibited under subsection (a)), including matters related to whether a member of the Armed 

Forces constitutes a threat to the member or others. 

(d) REVIEW.—Not later than 180 days after the date of enactment 

of this Act, the Secretary of Defense shall— 

(1) conduct a comprehensive review of the privately owned 

weapons policy of the Department of Defense, including legal 

and policy issues regarding the regulation of privately owned 

firearms off of a military installation, as recommended by the 

Department of Defense Independent Review Related to Fort 

Hood; and 

(2) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report regarding the findings of and recommendations relating to the review conducted under paragraph (1), including any recommendations for adjustments to 

the requirements under this section. 

(e) MILITARY INSTALLATION DEFINED.—In this section, the term 

‘‘military installation’’ has the meaning given that term under section 2687(e)(1) of title 10, United States Code. 

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

(a) IN GENERAL.—The Secretary of Energy and the Secretary of 

Defense shall, acting through the Nuclear Weapons Council, develop the following: 

(1) Criteria for determining the appropriate baseline for safety and security of nuclear weapons through the life cycle of 

such weapons. 


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(2) A methodology for determining the level of safety and security that may be achieved through a life extension program 

for each type of nuclear weapon. 

(b) REPORT REQUIRED.—Not later than March 1, 2012, the Secretary of Energy and the Secretary of Defense shall jointly submit 

to the congressional defense committees a report containing the criteria and the methodology developed pursuant to subsection (a). 

Subtitle H—Other Matters 

SEC. 1071. NATIONAL DEFENSE PANEL. 

Subsection (f) of section 118 of title 10, United States Code, is 

amended to read as follows: 

‘‘(f) NATIONAL DEFENSE PANEL.— 

‘‘(1) ESTABLISHMENT.—Not later than February 1 of a year in 

which a quadrennial defense review is conducted under this 

section, there shall be established an independent panel to be 

known as the National Defense Panel (in this subsection referred to as the ‘Panel’). The Panel shall have the duties set 

forth in this subsection. 

‘‘(2) MEMBERSHIP.—The Panel shall be composed of ten members from private civilian life who are recognized experts in 

matters relating to the national security of the United States. 

Eight of the members shall be appointed as follows: 

‘‘(A) Two by the chairman of the Committee on Armed 

Services of the House of Representatives. 

‘‘(B) Two by the chairman of the Committee on Armed 

Services of the Senate. 

‘‘(C) Two by the ranking member of the Committee on 

Armed Services of the House of Representatives. 

‘‘(D) Two by the ranking member of the Committee on 

Armed Services of the Senate. 

‘‘(3) CO-CHAIRS OF THE PANEL.—In addition to the members 

appointed under paragraph (2), the Secretary of Defense shall 

appoint two members from private civilian life to serve as cochairs of the panel. 

‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 

appointed for the life of the Panel. Any vacancy in the Panel 

shall be filled in the same manner as the original appointment. 

‘‘(5) DUTIES.—The Panel shall have the following duties with 

respect to a quadrennial defense review: 

‘‘(A) While the review is being conducted, the Panel shall 

review the updates from the Secretary of Defense required 

under paragraph (8) on the conduct of the review. 

‘‘(B) The Panel shall— 

‘‘(i) review the Secretary of Defense’s terms of reference and any other materials providing the basis for, 

or substantial inputs to, the work of the Department 

of Defense on the quadrennial defense review; 

‘‘(ii) conduct an assessment of the assumptions, 

strategy, findings, and risks of the report on the quadrennial defense review required in subsection (d), with 

particular attention paid to the risks described in that 

report; 


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‘‘(iii) conduct an independent assessment of a variety 

of possible force structures of the armed forces, including the force structure identified in the report on the 

quadrennial defense review required in subsection (d); 

‘‘(iv) review the resource requirements identified 

pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource requirements to support the forces contemplated under 

the force structures assessed under this subparagraph; 

and 

‘‘(v) provide to Congress and the Secretary of Defense, through the report under paragraph (7), any 

recommendations it considers appropriate for their 

consideration. 

‘‘(6) FIRST MEETING.—If the Secretary of Defense has not 

made the Secretary’s appointments to the Panel under paragraph (3) by February 1 of a year in which a quadrennial defense review is conducted under this section, the Panel shall 

convene for its first meeting with the remaining members. 

‘‘(7) REPORT.—Not later than 3 months after the date on 

which the report on a quadrennial defense review is submitted 

under subsection (d) to the congressional committees named in 

that subsection, the Panel established under paragraph (1) 

shall submit to those committees an assessment of the quadrennial defense review, including a description of the items addressed under paragraph (5) with respect to that quadrennial 

defense review. 

‘‘(8) UPDATES FROM SECRETARY OF DEFENSE.—The Secretary 

of Defense shall ensure that periodically, but not less often 

than every 60 days, or at the request of the co-chairs, the Department of Defense briefs the Panel on the progress of the 

conduct of a quadrennial defense review under subsection (a). 

‘‘(9) ADMINISTRATIVE PROVISIONS.— 

‘‘(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or 

agency concerned shall cooperate with the Panel to ensure 

that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical. 

‘‘(B) Upon the request of the co-chairs, the Secretary of 

Defense shall make available to the Panel the services of 

any federally funded research and development center that 

is covered by a sponsoring agreement of the Department of 

Defense. 

‘‘(C) The Panel shall have the authorities provided in 

section 3161 of title 5 and shall be subject to the conditions 

set forth in such section. 

‘‘(D) Funds for activities of the Panel shall be provided 

from amounts available to the Department of Defense. 

‘‘(10) TERMINATION.—The Panel for a quadrennial defense review shall terminate 45 days after the date on which the Panel 


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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: 

‘‘§ 2576. Surplus military equipment: sale to State and local 

law enforcement, firefighting, homeland security, 

and emergency management agencies’’. 

(2) TABLE OF SECTIONS.—The item relating to section 2576 in 

the table of sections at the beginning of chapter 153 of such 

title is amended to read as follows: 

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

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

(a) PROGRAM ESTABLISHED.—The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business 

Innovation Research Program projects, technologies developed by 

the defense laboratories, and other innovative technologies (including dual use technologies). The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle 

costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs. 

(b) GUIDELINES.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall issue guidelines for the 

operation of the program. At a minimum such guidance shall provide for the following: 


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(1) The issuance of an annual broad agency announcement 

or the use of any other competitive or merit-based processes by 

the Department of Defense and by each military department 

for candidate proposals in direct support of primarily major defense acquisition programs, but also other defense acquisition 

programs as described in subsection (a). 

(2) The review of candidate proposals by the Department of 

Defense and by each military department and the merit-based 

selection of the most promising cost-effective proposals for 

funding through contracts, cooperative agreements, and other 

transactions for the purposes of carrying out the program. 

(3) The total amount of funding provided to any project under the program shall not exceed $3,000,000, unless the Secretary, or the Secretary’s designee, approves a larger amount 

of funding for the project. Any such approval shall be made on 

a case-by-case basis and notice of any such approval shall be 

submitted to the congressional defense committees by not later 

than 30 days after such approval is made. 

(4) No project shall be funded under the program for more 

than two years, unless the Secretary, or the Secretary’s designee, approves funding for any additional year. Any such approval shall be made on a case-by-case basis and notice of any 

such approval shall be submitted to the congressional defense 

committees by not later than 30 days after such approval is 

made. 

(c) TREATMENT PURSUANT TO CERTAIN CONGRESSIONAL RULES.— Nothing in this section shall be interpreted to require or enable 

any official of the Department of Defense to provide funding under 

this section to any earmark as defined pursuant to House Rule 

XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5. 

(d) FUNDING.—Subject to the availability of appropriations for 

such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for each of fiscal years 

2011 through 2015 may be used for any such fiscal year for the 

program established under subsection (a). 

(e) TRANSFER AUTHORITY.—The Secretary may transfer funds 

available for the program to the research, development, test, and 

evaluation accounts of a military department, defense agency, or 

the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program. The 

transfer authority provided in this subsection is in addition to any 

other transfer authority available to the Department of Defense. 

(f) REPORT.—Not later than 60 days after the last day of a fiscal 

year during which the Secretary carries out a program under this 

section, the Secretary shall submit to the congressional defense 

committees a report that includes a list and description of each 

project funded under this section, including, for each such project, 

the amount of funding provided for the project, the defense acquisition program that the project supports, including the extent to 

which the project meets needs identified in its acquisition plan, the 

anticipated timeline for transition for the project, and the degree 

to which a competitive, merit-based process was used to evaluate 


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and select the performers of the projects selected under this program. 

(g) TERMINATION.—The authority to carry out a program under 

this section shall terminate on September 30, 2015. Any amounts 

made available for the program that remain available for obligation 

on the date the program terminates may be transferred under subsection (e) during the 180-day period beginning on the date of the 

termination of the program. 

SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES 

AVAILABLE FOR DOMESTIC EMERGENCY ASSISTANCE. 

(a) DOMESTIC AUTHORITY.—Section 2557 of title 10, United 

States Code, is amended— 

(1) in subsection (a)(1), by adding at the end the following 

new sentence: ‘‘In addition, the Secretary may make nonlethal 

excess supplies of the Department available to support domestic emergency assistance activities.’’; and 

(2) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘Excess’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) Excess supplies made available under this section to support 

domestic emergency assistance activities shall be transferred to the 

Secretary of Homeland Security. The Secretary of Defense may provide assistance in the distribution of such supplies at the request 

of the Secretary of Homeland Security.’’. 

(b) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2557. Excess nonlethal supplies: availability for humanitarian relief, domestic emergency assistance, and 

homeless veterans assistance’’. 

(2) TABLE OF SECTIONS.—The item relating to such section in 

the table of sections at the beginning of chapter 152 of such 

title is amended to read as follows: 

‘‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 

emergency assistance, and homeless veterans assistance.’’. 

SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 5, UNITED STATES CODE.—Title 5, United States Code, 

is amended as follows: 

(1) Section 8344(l)(2)(B), as added by section 1122(a) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2505), is amended by striking ‘‘5201 

et seq.’’ and inserting ‘‘5211 et seq.’’. 

(2) Section 9902(a)(2), as added by section 1113(d) of the National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2499), is amended by striking ‘‘chapters’’ both places it appears and inserting ‘‘chapter’’. 

(b) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) The tables of chapters at the beginning of subtitle A and 

at the beginning of part II of such subtitle are amended by 

striking ‘‘1031’’ in the item relating to chapter 53 and inserting 

‘‘1030’’. 

(2) Section 127a is amended— 


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(A) in subsection (a)(1)(A), by striking ‘‘Armed Forces’’ 

and inserting ‘‘armed forces’’; and 

(B) in subsection (b)(1) by striking ‘‘Armed Forces’’ both 

places it appears and inserting ‘‘armed forces’’. 

(3) Section 127d(d)(1) is amended by striking ‘‘Committee on 

International Relations’’ and inserting ‘‘Committee on Foreign 

Affairs’’. 

(4) Section 132 is amended— 

(A) by redesignating subsection (d), as added by section 

2831(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2669), as subsection (e); and 

(B) in such subsection, by striking ‘‘Guam Executive 

Council’’ and inserting ‘‘Guam Oversight Council’’. 

(5) Section 139c(d)(4) is amended by adding at period at the 

end. 

(6) Section 139d(a)(6) is amended by striking ‘‘propriety’’ and 

inserting ‘‘proprietary’’. 

(7) Section 172 is amended— 

(A) by striking ‘‘(a)’’ before ‘‘The Secretaries’’; and 

(B) by striking subsection (b). 

(8) Section 181(b)(3) is amended by striking ‘‘Performance 

Evaluation’’ and inserting ‘‘Program Evaluation’’. 

(9) Section 186 is amended by redesignating the second subsection (c) (relating to definitions) as subsection (d). 

(10)(A) Section 382 is amended by striking ‘‘section 175 or 

2332c’’ in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 2332a’’. 

(B) The heading of such section is amended by striking 

‘‘chemical or biological’’. 

(C) The table of sections at the beginning of chapter 18 is 

amended by striking the item relating to section 382 and inserting the following new item: 

‘‘382. Emergency situations involving weapons of mass destruction.’’. 

(11) Section 428(f) is amended by striking ‘‘, United States 

Code,’’. 

(12) Section 525 is amended— 

(A) in subsection (d), by striking ‘‘section 601(b)(4)’’ and 

inserting ‘‘section 601(b)(5)’’; and 

(B) in subsection (g)(1)— 

(i) by striking ‘‘and is not’’ and inserting ‘‘and are 

not’’; and 

(ii) by adding at period at the end. 

(13) Section 841(c) is amended by striking ‘‘trail counsel’’ and 

inserting ‘‘trial counsel’’. 

(14) Section 843(b)(2)(B)(v) is amended by striking ‘‘Kidnaping; indecent assault;’’ and inserting ‘‘Kidnaping, indecent 

assault,’’. 

(15) Section 1030(e)(1) is amended by striking ‘‘3 years,’’ and 

inserting ‘‘three years.’’. 

(16) Section 1146 is amended— 

(A) in subsection (a), by striking ‘‘(a) BENEFITS FOR MEMBERS INVOLUNTARILY SEPARATED.—’’, as added by section 

5(1) of Public Law 110–317 (122 Stat. 3528); 


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(B) by redesignating the second subsection (b) as subsection (c); and 

(C) in subsection (c), as so redesignated— 

(i) by striking ‘‘BENEFITS FOR’’ in the subsection 

heading; 

(ii) by striking ‘‘Armed Forces’’ in the matter preceding paragraph (1) and inserting ‘‘armed forces’’; and 

(iii) by striking ‘‘the members entitlement’’ in paragraph (2) and inserting ‘‘the member’s entitlement’’. 

(17) Section 1174(i) is amended by striking ‘‘Armed Forces’’ 

each place it appears and inserting ‘‘armed forces’’. 

(18) Section 1175a(j)(3) is amended by striking ‘‘title 10’’ and 

inserting ‘‘this title’’. 

(19) Section 1203(b)(4)(B) is amended by striking ‘‘determination,,’’ and inserting ‘‘determination,’’. 

(20) Section 1482a(c)(3) is amended by striking ‘‘section 

1482(a)(11)’’ and inserting ‘‘section 1482(e)(5)(A)’’. 

(21) Section 1566a(a)(1) is amended by inserting a close parenthesis before the period at the end. 

(22) Section 1599c(a)(2)(B) is amended by striking ‘‘subchapter 1’’ and inserting ‘‘subchapter I’’. 

(23) Section 1781b(d) is amended by striking ‘‘March 1, 2008, 

and each year thereafter’’ and inserting ‘‘March 1 each year’’. 

(24) Section 1781c(h)(1) is amended by striking ‘‘180 days 

after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter’’ 

and inserting ‘‘April 30 each year’’. 

(25) Section 1788(b) is amended by striking ‘‘Armed Forces’’ 

and inserting ‘‘armed forces’’. 

(26) Section 2004b(b)(1) is amended by striking ‘‘pay grade 

0–3’’ and inserting ‘‘pay grade O–3’’. 

(27) The table of sections at the beginning of chapter 104 is 

amended by transferring the item relating to section 2113a to 

appear after the item relating to section 2113. 

(28) Section 2130a(b)(1) is amended by striking ‘‘Training 

Program’’ both places it appears and inserting ‘‘Training Corps 

program’’. 

(29) Section 2222(a) is amended by striking ‘‘Effective October 1, 2005, funds’’ and inserting ‘‘Funds’’. 

(30) The table of sections at the beginning of subchapter I of 

chapter 134, as amended by section 1031(a)(2) of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2448), is amended by transferring the item 

relating to section 2241a from the end of the table of sections 

to appear after the item relating to section 2241. 

(31) Section 2323(a)(1)(D) is amended by inserting a close parenthesis before the semicolon. 

(32) Section 2362(e)(1) is amended by striking ‘‘IV’’ and inserting ‘‘V’’. 

(33) Section 2366a(c) is amended— 

(A) by inserting a space between ‘‘(c)’’ and the subsection 

heading; and 

(B) in paragraph (4), by striking ‘‘section 125a(a) of this 

title’’ and inserting ‘‘section 118b(c)(3) of this title’’. 


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(34) Section 2433(a)(1) is amended by striking ‘‘section 

2430a(c)’’ and inserting ‘‘section 2430a(d)’’. 

(35) Section 2433a(b)(2)(B) is amended by striking ‘‘section 

181(g)((1)’’ and inserting ‘‘section 181(g)(1)’’. 

(36) Section 2476(d)(2)(D) is amended by striking ‘‘Navy Depots’’ and inserting ‘‘Navy depots’’. 

(37) Section 2488(f) is amended by striking ‘‘Armed Forces’’ 

both places it appears and inserting ‘‘armed forces’’. 

(38) Section 2533a(d) is amended in paragraphs (1) and (4) 

by striking ‘‘(b)(1)(A), (b)(2), or (b)(3)’’ and inserting ‘‘(b)(1)(A) 

or (b)(2)’’. 

(39) Section 2603 is amended by striking ‘‘Armed Forces’’ 

both places it appears and inserting ‘‘armed forces’’. 

(40) Section 2642(a)(3) is amended by striking ‘‘During the 

five-year period beginning on the date of the enactment of the 

National Defense Authorization Act for Fiscal Year 2010’’ and 

inserting ‘‘During the period beginning on October 28, 2009, 

and ending on October 28, 2014’’. 

(41) Section 2667(e) is amended— 

(A) in paragraph (1)(A)(ii), by striking ‘‘sections 2668 

and 2669’’ and inserting ‘‘section 2668’’; and 

(B) in paragraph (5), by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’. 

(42) Section 2671(a)(2) is amended by striking ‘‘Armed 

Forces’’ and inserting ‘‘armed forces’’. 

(43) Section 2684a(g)(1) is amended by striking ‘‘March 1, 

2007, and annually thereafter’’ and inserting ‘‘March 1 each 

year’’. 

(44) Section 2687a(a) is amended by striking ‘‘31for’’ and inserting ‘‘31 for’’. 

(45) Section 2694c(d)(4) is amended by inserting ‘‘Authorization’’ after ‘‘Military Construction’’. 

(46) Chapter 160 is amended— 

(A) in section 2700(2), by inserting ‘‘ ‘pollutant or contaminant’,’’ after ‘‘ ‘person’,’’; and 

(B) in section 2701(b)(1), by striking ‘‘hazardous substances, pollutants, and contaminants’’ and inserting ‘‘a 

hazardous substance or pollutant or contaminant’’. 

(47) The table of subchapters at the beginning of chapter 173 

is amended by inserting ‘‘Sec.’’ above ‘‘2911’’. 

(48) Section 2922d is amended by striking ‘‘1 or more’’ each 

place it appears and inserting ‘‘one or more’’. 

(49) Section 7042(a)(1)(A) is amended by striking the comma 

after ‘‘captain’’. 

(50) Section 9515 is amended— 

(A) in subsection (b), by striking ‘‘Section 1356 of the National Defense Authorization Act for 2008’’ and inserting 

‘‘section 1356 of the National Defense Authorization Act 

for Fiscal Year 2008’’; 

(B) in subsection (f)(2), by striking ‘‘paragraph (2)’’ and 

inserting ‘‘paragraph (1)’’; and 

(C) in subsection (j)(1), by striking ‘‘United States 

Code,’’. 


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(51) Section 10214 is amended by striking ‘‘14508(e)’’ and inserting ‘‘14508(h)’’. 

(52) Section 10216 is amended by striking ‘‘section 115(c)’’ in 

subsections (b)(1), (c)(1), and (c)(2)(A) and inserting ‘‘section 

115(d)’’. 

(53) Section 10217(c)(1) is amended— 

(A) by striking ‘‘Effective October 1, 2007, the’’ and inserting ‘‘The’’; and 

(B) by striking ‘‘after the preceding sentence takes effect’’. 

(54) Section 12203(a) is amended by striking ‘‘above’’ in the 

first sentence and inserting ‘‘of’’. 

(55) Section 16132a is amended— 

(A) in subsection (b)(1), by striking ‘‘agreement to service’’ and inserting ‘‘agreement to serve’’; and 

(B) in subsection (i)(2), by striking ‘‘whose’’. 

(56) Section 16163a(b)(2) is amended by striking ‘‘section (j)’’ 

and inserting ‘‘subsection (j)’’. 

(c) TITLE 37.—Title 37, United States Code, is amended as follows: 

(1) Section 303a(e)(3)(B) is amended by inserting ‘‘of’’ after 

‘‘result’’. 

(2) The table of sections at the beginning of chapter 5 is 

amended by striking the item related to section 312 and inserting the following new item: 

‘‘312. Special pay: nuclear-qualified officers extending period of active service.’’. 

(3) The table of sections at the beginning of chapter 7 is 

amended— 

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

‘‘411k. Travel and transportation allowances: non-medical attendants for members 

who are determined to be very seriously or seriously wounded, ill, or 

injured.’’; and 

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

‘‘438. Preventive health services allowance.’’. 

(4) Section 411k(d)(1) is amended by striking ‘‘allowances 

section’’ and inserting ‘‘allowances under section’’. 

(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2010.—Effective as of October 28, 2009, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84) is amended as follows: 

(1) Section 325(d)(4) (123 Stat. 2254) is amended by striking 

‘‘section 236’’ and inserting ‘‘section 235’’. 

(2) Section 502(c)(3) (123 Stat. 2274) is amended by striking 

‘‘officers’’ and inserting ‘‘general officers and flag officers’’. 

(3) Section 581(a)(1)(C) (123 Stat. 2326) is amended by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g), as redesignated by section 582(b)(1)’’. 

(4) Section 584(a) (123 Stat. 2330) is amended by striking 

‘‘such Act’’ and inserting ‘‘the Uniformed and Overseas Citizens 

Absentee Voting Act’’. 


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(5) Section 585(b)(1) (123 Stat. 2331) is amended by striking 

subparagraphs (A) and (B), and inserting the following new 

subparagraphs: 

‘‘(A) in paragraph (2), by striking ‘section 102(4)’ and inserting ‘section 102(a)(4)’; and 

‘‘(B) by striking paragraph (4) and inserting the following new paragraph: 

‘‘ ‘(4) prescribe a suggested design for absentee ballot mailing 

envelopes;’; and’’. 

(6) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff–7) is 

amended— 

(A) in subsection (a)(1)— 

(i) by striking ‘‘section 107(a)’’ and inserting ‘‘section 

107(1)’’; and 

(ii) by striking ‘‘1973ff et seq.’’ and inserting 

‘‘1973ff–6(1)’’; and 

(B) in subsection (e)(1), by striking ‘‘1977ff note’’ and inserting ‘‘1973ff note’’. 

(7) The undesignated section immediately following section 

603 (123 Stat. 2350) is designated as section 604. 

(8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is 

amended— 

(A) by striking ‘‘feasability’’ both places it appears and 

inserting ‘‘feasibility’’; and 

(B) by striking ‘‘specialities’’ both places it appears and 

inserting ‘‘specialties’’. 

(9) Section 813(a)(3) (123 Stat. 2407) is amended by inserting 

‘‘order’’ after ‘‘task’’ in the matter to be struck. 

(10) Section 921(b)(2) (123 Stat. 2432) is amended by inserting ‘‘subchapter I of’’ before ‘‘chapter 21’’. 

(11) Section 1014(c) (123 Stat. 2442) is amended by striking 

‘‘in which the support’’ and inserting ‘‘in which support’’. 

(12) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) is 

amended by striking ‘‘et 13 seq.’’ and inserting ‘‘et seq.’’. 

(13) Section 1055(f) (123 Stat. 2462) is amended by striking 

‘‘Combating’’ and inserting ‘‘Combatting’’. 

(14) Section 1063(d)(2) (123 Stat. 2470) is amended by striking ‘‘For purposes of this section, the’’ and inserting ‘‘The’’. 

(15) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) is 

amended— 

(A) by striking ‘‘title 14’’ and inserting ‘‘title XIV’’; 

(B) by striking ‘‘title 10’’ and inserting ‘‘title X’’; and 

(C) by striking ‘‘the Military Commissions Act of 2006 

(10 U.S.C. 948 et seq.; Public Law 109–366)’’ and inserting 

‘‘chapter 47A of title 10, United States Code’’. 

(16) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note 

prec.) is amended by striking ‘‘the Secretary’’ in the first sentence and inserting ‘‘the Secretary of Defense’’. 

(17) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 note) 

is amended by inserting ‘‘United States Code,’’ after ‘‘title 5,’’ 

the first place it appears. 

(18) Section 1202(c) (123 Stat. 2512) is amended— 

(A) by striking ‘‘1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 


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(Public Law 108–375; 118 Stat. 2086) is amended in the 

second sentence’’ and inserting ‘‘1208(f)(2) of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 108–375; 118 Stat. 2086), as 

amended by section 1202(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

122 Stat. 363), is further amended’’; and 

(B) by redesignating paragraphs (1) through (8), as proposed to be inserted, as subparagraphs (A) through (H), respectively and indenting the left margin of such subparagraphs, as so redesignated, 4 ems from the left margin. 

(19) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is 

amended by inserting a space between the first short title and 

‘‘or’’. 

(20) Section 1306(b) (123 Stat. 2560) is amended by striking 

‘‘fiscal year’’ and inserting ‘‘Fiscal Year’’. 

(21) Subsection (b) of section 1803 (123 Stat. 2612) is amended to read as follows: 

‘‘(b) APPELLATE REVIEW UNDER DETAINEE TREATMENT ACT OF

2005.— 

‘‘(1) DEPARTMENT OF DEFENSE, EMERGENCY SUPPLEMENTAL

APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEX- ICO, AND PANDEMIC INFLUENZA ACT, 2006.—Section 1005(e) of 

the Detainee Treatment Act of 2005 (title X of Public Law 109– 

148; 10 U.S.C. 801 note) is amended by striking paragraph (3). 

‘‘(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2006.—Section 1405(e) of the Detainee Treatment Act of 2005 

(Public Law 109–163; 10 U.S.C. 801 note) is amended by striking paragraph (3).’’. 

(22) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by 

striking the comma after ‘‘5941’’. 

(23) Section 2804(d)(2) (123 Stat. 2662) is amended by inserting ‘‘subchapter III of’’ before ‘‘chapter 169’’. 

(24) Section 2835(f)(1) (123 Stat. 2677) is amended by striking ‘‘publically-available’’ and inserting ‘‘publicly available’’. 

(25) Section 3503(b)(1) (123 Stat. 2719) is amended by striking the extra quotation marks. 

(26) Section 3508(1) (123 Stat. 2721) is amended by striking 

‘‘headline’’ and inserting ‘‘heading’’. 

(e) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2009.—The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is 

amended as follows: 

(1) Section 143(b)(1) (122 Stat. 4381; 10 U.S.C. 2304 note) is 

amended by striking ‘‘identifies’’ and inserting ‘‘identify’’. 

(2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 2431 note) is 

amended by striking ‘‘section’’ and inserting ‘‘subsection’’. 

(3) Section 233(a)(3) (122 Stat. 4393) is amended by striking 

‘‘122 Stat. 42’’ and inserting ‘‘122 Stat. 43’’. 

(4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 8062 note) is 

amended by striking ‘‘their’’ and inserting ‘‘its’’. 

(5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 2911 note) is 

amended by striking ‘‘section (d)’’ and inserting ‘‘subsection 

(d)’’. 


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(6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 2302 note) is 

amended by inserting a comma after ‘‘Agent’’. 

(7) Section 596(b)(1)(D) (10 U.S.C. 1071 note), as amended by 

section 594 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2338), is amended 

by striking ‘‘or flag’’ the second place it appears. 

(8) Section 597(f) (122 Stat. 4481) is amended by striking 

‘‘meeting’’ and inserting ‘‘meanings’’. 

(9) Section 604(b) (122 Stat. 4483) is amended by inserting 

‘‘of’’ after ‘‘(a)(1)’’. 

(10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 353 note) is 

amended by striking ‘‘such subsections’’ and inserting ‘‘such 

subsection’’. 

(11) Section 711(d)(2) (122 Stat. 4501) is amended by striking ‘‘1111((b)’’ and inserting ‘‘1111(b)(3)’’. 

(12) Effective as of October 14, 2008, and as if included in 

Public Law 110–417 as enacted, section 727(b)(2) is amended 

by striking ‘‘compelling’’. 

(13) Section 822(c)(1)(A) (122 Stat. 4532) is amended by 

striking ‘‘this title’’ and inserting ‘‘title 10, United States 

Code’’. 

(14) Section 863(b)(3)(A) (122 Stat. 4547) is amended by 

striking ‘‘subsection (d)(2)(A)’’ and inserting ‘‘subsection 

(d)(3)(A)’’. 

(15) Section 869 (122 Stat. 4553) is amended— 

(A) in subsection (b), by striking ‘‘433(a)’’ and inserting 

‘‘433a(a)’’; and 

(B) in subsection (c)(4)— 

(i) by striking ‘‘37(j)’’ and inserting ‘‘37(g)’’; and 

(ii) by striking ‘‘433(j)’’ and inserting ‘‘433(g)’’. 

(16) Section 873(a)(4) (122 Stat. 4558; 10 U.S.C. 6101 note) 

is amended by striking ‘‘to Government’’ and inserting ‘‘to the 

Government’’. 

(17) Section 1111 (10 U.S.C. 143 note), as amended by section 1109 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2492), is amended— 

(A) in subsection (a)(1), by striking ‘‘section 821’’ and inserting ‘‘section 833’’; and 

(B) in subsection (b)— 

(i) in the matter preceding paragraph (1), by striking ‘‘secretary of a military department’’ and inserting 

‘‘Secretary of a military department’’; 

(ii) in paragraph (1)— 

(I) by striking ‘‘the the requirements’’ and inserting ‘‘the requirements’’; and 

(II) by striking ‘‘this title’’ and inserting ‘‘such 

title’’; and 

(iii) in paragraph (2), by striking ‘‘any any of the following’’ and inserting ‘‘any of the following’’. 

(18) Section 1602(5) (122 Stat. 4653; 22 U.S.C. 2368 note) is 

amended by striking ‘‘a Active’’ and inserting ‘‘an Active’’. 

(19) Section 3113 (122 Stat. 4754; 50 U.S.C. 2444) is amended— 


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(A) in subsection (b)(2), by inserting a close parenthesis 

before the semicolon; and 

(B) in subsection (d)(2), by striking ‘‘fails repay’’ and inserting ‘‘fails to repay’’. 

(20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is amended by inserting a period at the end of subsection (f). 

(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2008.—The National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181) is amended as follows: 

(1) Section 624 (122 Stat. 153; 37 U.S.C. 307a note) is 

amended— 

(A) in subsection (a), by striking ‘‘Operating’’ and inserting ‘‘Operation’’; and 

(B) in subsection (b), by striking ‘‘Operating’’ and inserting ‘‘Operation’’. 

(2) Effective as of January 28, 2008, and as if included in 

Public Law 110–181 as enacted, section 804 (122 Stat. 208) is 

amended— 

(A) in subsection (a)(3), by striking ‘‘speciality’’ and inserting ‘‘specialty’’; and 

(B) in subsection (e), by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)(1)’’. 

(3) Section 808 (122 Stat. 215; 10 U.S.C. 2330 note) is 

amended by redesignating the second subsection (c) as subsection (d). 

(4) Section 827(a)(2) (122 Stat. 228; 10 U.S.C. 2410n note) is 

amended by striking ‘‘subsection (a)’’ and inserting ‘‘paragraph 

(1)’’. 

(5) Section 843 (122 Stat. 236) is amended— 

(A) in subsection (a)(2)(C), by striking ‘‘paragraph (1)’’ 

and inserting ‘‘subparagraph (A)’’; and 

(B) in subsection (b)(2)(C), by striking ‘‘paragraph (1)’’ 

and inserting ‘‘subparagraph (A)’’. 

(6) Section 890 (122 Stat. 269; 10 U.S.C. 2302 note) is 

amended— 

(A) in subsection (a), by inserting ‘‘Act’’ before ‘‘of 1979’’; 

(B) in subsection (b), by inserting ‘‘Act’’ before ‘‘of 1979’’; 

and 

(C) in subsection (d)(1), by striking ‘‘sections’’ and inserting ‘‘parts’’. 

(7) Section 1063(a)(16) (122 Stat. 322) is amended by striking 

‘‘(1)’’. 

(8) Effective as of January 28, 2008, and as if included in 

Public Law 110–181 as enacted, section 1075(a) (122 Stat. 333) 

is amended by striking ‘‘June’’ and inserting ‘‘September’’. 

(9) Section 1243(c) (122 Stat. 396) is amended by striking 

‘‘4))’’ and inserting ‘‘4)))’’. 

(10) Section 1244(a)(3) (122 Stat. 396) is amended by striking 

‘‘4))’’ and inserting ‘‘4)))’’. 

(g) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2007.—Effective as of October 17, 2006, and as if included therein as enacted, the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is 

amended as follows: 


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(1) Section 321(a)(1) (120 Stat. 2144; 10 U.S.C. 2222 note) is 

amended by striking ‘‘Public Law 190–163’’ and inserting ‘‘Public Law 109–163’’. 

(2) Section 348(2) (120 Stat. 2159) is amended in the matter 

to be struck from and inserted in section 366(d) of the Bob 

Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314; 116 Stat. 2523) by striking ‘‘within’’ 

both places it appears and inserting ‘‘Within’’. 

(3) Section 355(b)(1) (120 Stat. 2162) is amended in the matter to be struck from section 344 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 

U.S.C. note prec. 1030) by striking ‘‘Operation Iraqi Freedom 

and Operation Enduring Freedom’’ and inserting ‘‘Operation 

Enduring Freedom and Operation Iraqi Freedom’’. 

(4) Section 511(b)(3) (120 Stat. 2183) is amended in the matter preceding subparagraph (A) by striking ‘‘section’’ and inserting ‘‘title’’. 

(5) Section 705(b)(2) (120 Stat. 2281; 10 U.S.C. 1074g note) 

is amended by striking ‘‘section 1074g(a)(2)(E)’’ and inserting 

‘‘section 1074g(a)(2)’’. 

(6) Section 2821(b)(1) (120 Stat. 2474) is amended by inserting ‘‘by striking’’ after ‘‘subsection (a)(1),’’. 

(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2006.—Effective as of January 6, 2006, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163) is amended as follows: 

(1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 10101 note) is 

amended by striking ‘‘10 USC 10101 note.’’. 

(2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 2101 note) is 

amended by inserting ‘‘of’’ after ‘‘Committee on Armed Services’’ the first place it appears. 

(3) Section 1056(e)(2) (119 Stat. 3440) is amended by striking 

‘‘Section’’ and inserting ‘‘Effective as of December 2, 2002, and 

as if included in Public Law 107–314 as enacted, section’’. 

(4) Section 1057 (119 Stat. 3440) is amended— 

(A) in subsection (a)— 

(i) in paragraph (5), by striking ‘‘4778,’’; and 

(ii) in paragraph (6), by striking ‘‘4747’’ and inserting ‘‘2651’’; 

(B) in subsection (b)(3)— 

(i) by striking ‘‘109,’’; and 

(ii) by adding at the end the following new sentence: 

‘‘Section 109 is amended by striking ‘State or Territory, Puerto Rico, the Virgin Islands, or the District of 

Columbia’ each place it appears and inserting ‘State, 

the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands’ ’’; and 

(C) in subsection (b)(5)— 

(i) in the language to be struck from section 324 of 

title 32, United States Code, by striking the comma 

after ‘‘Rico’’; and 

(ii) in the language to be inserted in section 324 of 

title 32, United States Code, by inserting ‘‘of’’ after 

‘‘Virgin Islands,’’. 


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(5) Section 1104 (119 Stat. 3448) is amended— 

(A) in subsection (a)(3)(A), by inserting ‘‘the first place it 

appears’’ before ‘‘and inserting’’; and 

(B) in subsection (c), by striking ‘‘subsection (c)(1)’’ and 

inserting ‘‘subsection (b)(2)’’. 

(6) Section 2806(c)(2)(A) (119 Stat. 3507) is amended in the 

matter to be struck from and inserted in section 2884(b)(1) of 

title 10, United States Code, by striking ‘‘a’’ both places it appears and inserting ‘‘A’’. 

(i) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2005.—The Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375) is 

amended as follows: 

(1) Section 577(b)(12) (10 U.S.C. 113 note), as amended by 

section 563(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4471) is amended by striking ‘‘The Secretary shall implement’’ and inserting ‘‘Implementation of’’. 

(2) Section 1085 (118 Stat. 2065; 10 U.S.C. 113 note), as 

amended by section 360(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat 

78) is amended by striking ‘‘subsection (a)’’ and inserting ‘‘section 360(a) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 77)’’. 

(j) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR FIS- CAL YEAR 2003.—Section 1032(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 

10 U.S.C. 2358 note) is amended by striking ‘‘thereafter,,’’ and inserting ‘‘thereafter,’’. 

(k) WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009.—Effective as of May 22, 2009, and as if included therein as enacted, section 205 of the Weapon Systems Acquisition Reform Act of 2009 

(Public Law 111–23; 123 Stat. 1724) is amended— 

(1) in subsection (a)(1)(B), by striking ‘‘paragraphs (1) and 

(2)’’ in the matter to be inserted and inserting ‘‘paragraphs (1), 

(2), and (3)’’; and 

(2) in subsection (c), by striking ‘‘2433a(c)(3)’’ and inserting 

‘‘2433a(c)(1)(C)’’. 

(l) TECHNICAL CORRECTION REGARDING SBIR EXTENSION.—Section 9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)), as 

added by section 847(a) of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2420), is 

amended by striking ‘‘is authorized’’ and inserting ‘‘are authorized’’. 

(m) TECHNICAL CORRECTION REGARDING SMALL SHIPYARDS AND

MARITIME COMMUNITIES ASSISTANCE PROGRAM.—Section 3506 of 

the National Defense Authorization Act for Fiscal Year 2006, as reinstated by the amendment made by section 1073(c)(14) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2475), is repealed. 

(n) TECHNICAL CORRECTION REGARDING DOT MARITIME HERIT- AGE 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 


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‘‘the date of enactment of the Maritime Administration Authorization Act of 2010’’ and inserting ‘‘October 28, 2009’’. 

(o) TECHNICAL CORRECTION OF CITATION.—Section 42 of the Office of Federal Procurement Policy Act (41 U.S.C. 438) is amended— 

(1) in subsection (c)(1) by striking ‘‘(41 U.S.C. 607(b))’’ and 

inserting ‘‘(41 U.S.C. 607(d))’’; and 

(2) in subsection (c)(2)(A) by inserting ‘‘of 1978’’ after ‘‘Contract Disputes Act’’. 

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

PILOTED AIRCRAFT. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Defense shall commission a study by an independent, non-profit organization on the 

optimal balance between manned and remotely piloted aircraft 

of the Armed Forces. 

(2) SELECTION.—The independent, non-profit organization selected for the study under paragraph (1) shall be qualified on 

the basis of having performed work in the fields of national security and combat systems. 

(b) MATTERS INCLUDED.—The study under subsection (a) shall include the following: 

(1) With respect to each military department, an assessment 

of the feasibility and desirability of a more rapid transition 

from manned to remotely piloted aircraft for a range of operations, including combat operations. 

(2) An evaluation of the current ability of each military department to resist attacks mounted by foreign militaries with 

significant investments in research and development and deployment of remotely piloted aircraft, including an assessment 

of each military department’s ability to defend against— 

(A) a large enemy force of remotely piloted aircraft; and 

(B) any other relevant scenario involving remotely piloted aircraft that the Secretary determines appropriate. 

(3) An analysis of— 

(A) current and future capabilities of foreign militaries 

in developing and deploying remotely piloted aircraft; and 

(B) identified vulnerabilities of United States weapons 

systems to foreign remotely piloted aircraft. 

(4) Conclusions on the matters described in paragraphs (1) 

through (3) and what the independent, non-profit organization 

conducting the study determines is the optimal balance of investment in development and deployment of manned versus remotely piloted aircraft. 

(c) REPORT.—Not later than December 1, 2011, the Secretary of 

Defense shall submit to the congressional defense committees, the 

Committee on Oversight and Government Reform of the House of 

Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report that includes the 

study under subsection (a). 

(d) FORM.— 


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(1) STUDY.—The study under subsection (a) shall include a 

classified annex with respect to the matters described in subsection (b)(3). 

(2) REPORT.—The report under subsection (c) may include a 

classified annex. 

(e) REMOTELY PILOTED AIRCRAFT DEFINED.—In this section, the 

term ‘‘remotely piloted aircraft’’ means any unmanned aircraft operated remotely, whether within or beyond line-of-sight, including 

unmanned aerial systems, unmanned aerial vehicles, remotely piloted vehicles, and remotely piloted aircraft. 

SEC. 1077. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO 

OPERATION IRAQI FREEDOM. 

Any law applicable to Operation Iraqi Freedom shall apply in the 

same manner and to the same extent to the successor contingency 

operation known as Operation New Dawn, except as specifically 

provided in this Act, any amendment made by this Act, or any 

other law enacted after the date of the enactment of this Act. 

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

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense should support the research, development, 

test, and evaluation, procurement, and fielding of effective non-lethal weapons and technologies explicitly designed to, with respect 

to counterinsurgency operations, reduce military casualties and fatalities, improve military mission accomplishment and operational 

effectiveness, reduce civilian casualties and fatalities, and minimize 

undesired damage to property and the environment. 

(b) PROGRAM REQUIRED.— (1) DEMONSTRATION AND ASSESSMENT.—The Secretary of Defense, acting through the Executive Agent for Non-lethal 

Weapons and in coordination with the Secretaries of the military departments and the combatant commanders, shall carry 

out a program to demonstrate and assess the utility and effectiveness of non-lethal weapons to provide escalation of force options in counter-insurgency operations. 

(2) NON-LETHAL WEAPONS EVALUATED.—In evaluating non-lethal weapons under the program under this subsection, the 

Secretary shall include non-lethal weapons designed for 

counter-personnel and counter-materiel missions. 

(c) REPORT.— 

(1) REPORT REQUIRED.—Not later than October 1, 2011, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the role and utility of non-lethal weapons and technologies in counterinsurgency operations. 

(2) ELEMENTS.—The report under paragraph (1) shall include 

the following: 

(A) A description of the results of any demonstrations 

and assessments of non-lethal weapons conducted during 

fiscal year 2011. 

(B) A description of the Secretary’s plans for any demonstrations and assessments of non-lethal weapons to be 

conducted during fiscal years 2012 and 2013. 

(C) A description of the extent to which non-lethal weapons doctrine, training, and employment include the use of 


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strategic communications strategies to enable the effective 

employment of non-lethal weapons. 

(D) A description of the input of the military departments in developing concepts of operations and tactics, 

techniques, and procedures for incorporating non-lethal 

weapons into the current escalation of force procedures of 

each department. 

(E) A description of the extent to which non-lethal weapons and technologies are integrated into the standard 

equipment and training of military units. 

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

It is the sense of Congress that no action should be taken to implement the reduction of the strategic nuclear forces of the United 

States below the levels described in the Treaty between the United 

States of America and the Russian Federation on Measures for the 

Further Reduction and Limitation of Strategic Offensive Arms 

signed on April 8, 2010 (commonly known as the ‘‘New START 

Treaty’’), unless the President submits to the congressional defense 

committees a report on such reduction, including— 

(1) the justification for such reduction; 

(2) an assessment of the strategic environment, threat, and 

policy and the technical and operational implications of such 

reduction; and 

(3) written certification by the President that— 

(A) either— 

(i) the strategic environment or the assessment of 

the threat allows for such reduction; or 

(ii) technical measures to provide a commensurate 

or better level of safety, security, and reliability as before such reduction have been implemented for the remaining strategic nuclear forces of the United States; 

(B) the remaining strategic nuclear forces of the United 

States provide a sufficient means of protection against unforeseen technical challenges and geopolitical events; 

(C) such reduction is compensated by other measures 

(such as nuclear modernization, conventional forces, and 

missile defense) that together provide a commensurate or 

better deterrence capability and level of credibility as before such reduction; and 

(D) measures to modernize the nuclear weapons complex 

are being implemented (or have been implemented) to provide a sufficiently responsive infrastructure to support the 

remaining strategic nuclear forces of the United States. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Clarification of authorities at personnel demonstration laboratories. 

Sec. 1102. Requirements for Department of Defense senior mentors. 

Sec. 1103. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1104. Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel for care and treatment 

of wounded and injured members of the Armed Forces. 


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Sec. 1105. Rate of overtime pay for Department of the Navy employees performing 

work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan. 

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

(a) CLARIFICATION OF APPLICABILITY OF DIRECT HIRE AUTHORITY.—Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

4618; 10 U.S.C. 1580 note) is amended— 

(1) in subsection (b), by striking ‘‘identified’’ and all that follows and inserting ‘‘designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of Defense science and technology reinvention laboratory.’’; and 

(2) in subsection (c), by striking ‘‘2 percent’’ and inserting ‘‘5 

percent’’. 

(b) CLARIFICATION OF APPLICABILITY OF FULL IMPLEMENTATION

REQUIREMENT.—Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 357; 

10 U.S.C. 2358 note) is amended— 

(1) in subsection (a), by striking ‘‘that are exempted by’’ and 

all that follows and inserting ‘‘designated by section 1105(a) of 

the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) as 

Department of Defense science and technology reinvention laboratories.’’; and 

(2) in subsection (c), by striking ‘‘as enumerated in’’ and all 

that follows and inserting ‘‘designated by section 1105(a) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2486) as a Department of Defense 

science and technology reinvention laboratory.’’. 

(c) CORRECTION TO SECTION REFERENCE.—Section 1121 of the 

National Defense Authorization Act for Fiscal Year 2010 (123 Stat. 

2505) is amended— 

(1) in subsection (a), by striking ‘‘Section 9902(h) of title 5, 

United States Code’’ and inserting ‘‘Section 9902(g) of title 5, 

United States Code, as redesignated by section 1113(b)(1)(B)’’; 

and 

(2) in subsection (b), by striking ‘‘section 9902(h) of such title 

5’’ and inserting ‘‘such section’’. 

(d) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 

the amendments made by this section shall take effect as of October 28, 2009. 

(2) The amendment made by subsection (a)(2) shall take effect as 

of the date of enactment of this Act. 

SEC. 1102. REQUIREMENTS FOR DEPARTMENT OF DEFENSE SENIOR 

MENTORS. 

(a) IN GENERAL.—The Secretary of Defense shall issue appropriate policies and procedures to ensure that all senior mentors employed by the Department of Defense are— 

(1) hired as highly qualified experts under section 9903 of 

title 5, United States Code; and 


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(2) required to comply with all applicable Federal laws and 

regulations on personnel and ethics matters. 

(b) SENIOR MENTOR DEFINED.—In this section, the term ‘‘senior 

mentor’’ means a retired flag, general, or other military officer or 

retired senior civilian official who provides expert experience-based 

mentoring, teaching, training, advice, and recommendations to senior military officers, staffs, and students as they participate in war 

games, warfighting courses, operational planning, operational exercises, and decision-making exercises. 

SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON 

PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. 

Effective January 1, 2011, section 1101(a) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4615), as amended by section 1106(a) of 

the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2487), is further amended by striking 

‘‘calendar years 2009 and 2010’’ and inserting ‘‘calendar years 2009 

through 2011’’. 

SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED DEPARTMENT OF DEFENSE APPOINTMENT AND COMPENSATION AUTHORITY FOR PERSONNEL FOR CARE AND TREATMENT OF 

WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES. 

(a) DESIGNATION OF OCCUPATIONS COVERED BY RECRUITMENT

AND APPOINTMENT AUTHORITY.—Subsection (a)(2) of section 1599c 

of title 10, United States Code, is amended— 

(1) in subparagraph (A)— 

(A) in clause (i), by striking ‘‘shortage category positions’’ 

and inserting ‘‘a shortage category occupation or critical 

need occupation’’; and 

(B) in clause (ii), by striking ‘‘highly qualified persons directly’’ and inserting ‘‘qualified persons directly in the competitive service’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements.’’. 

(b) EXTENSION.—Subsection (c) of such section is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘under subsection (a)(1)’’ after ‘‘Secretary of Defense’’; and 

(B) by striking ‘‘September 30, 2012’’ and inserting ‘‘December 31, 2015’’; and 

(2) in paragraph (2), by striking ‘‘September 30, 2012’’ and 

inserting ‘‘December 31, 2015’’. 

SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY 

EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE IN 

SUPPORT OF THE NUCLEAR AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN. 

(a) OVERTIME PAY AT TIME-AND-A-HALF RATE.—Section 5542(a) of 

title 5, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(6)(A) Notwithstanding paragraphs (1) and (2), for an employee of the Department of the Navy who is assigned to temVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00274 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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porary duty to perform work aboard, or dockside in direct support of, the nuclear aircraft carrier that is forward deployed in 

Japan and who would be nonexempt under the Fair Labor 

Standards Act but for the application of the foreign area exemption in section 13(f) of that Act (29 U.S.C. 213(f)), the overtime hourly rate of pay is an amount equal to one and one-half 

times the hourly rate of basic pay of the employee, and all that 

amount is premium pay. 

‘‘(B) Subparagraph (A) shall expire on September 30, 2014.’’. 

(b) REPORTS.— (1) SECRETARY OF NAVY REPORT.—Not later than September 

30, 2013, the Secretary of the Navy shall submit to the Secretary of Defense and the Director of the Office of Personnel 

Management a report that— 

(A) describes the use of the authority under paragraph 

(6) of section 5542(a) of title 5, United States Code, as 

added by subsection (a), including associated costs, and including an evaluation of the extent to which exercise of the 

authority helped the Navy in meeting its mission; and 

(B) provides a recommendation on whether an extension 

of the provisions of that paragraph is needed. 

(2) REPORT TO CONGRESS.—Not later than March 31, 2014, 

the Director of the Office of Personnel Management shall submit to the Committee on Armed Services and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Armed Services and the Committee on 

Oversight and Governmental Reform of the House of Representatives a report that— 

(A) addresses the use of paragraph (6) of section 5542(a) 

of title 5, United States Code, as so added, including associated costs, and including an evaluation of the extent to 

which exercise of the authority helped the Navy in meeting 

its mission; 

(B) describes the extent to which other employees experience the same circumstances as were experienced by those 

described in that paragraph before its enactment; 

(C) provides an analysis of the advantages and disadvantages that would be anticipated from extending the expiration date of the authority under that paragraph, and from 

expanding the authority under that paragraph to include 

other employees; and 

(D) conveys the report of the Secretary of the Navy referred to in paragraph (1). 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Expansion of authority for support of special operations to combat terrorism. 

Sec. 1202. Addition of allied government agencies to enhanced logistics interoperability authority. 

Sec. 1203. Expansion of temporary authority to use acquisition and cross-servicing 

agreements to lend certain military equipment to certain foreign forces 

for personnel protection and survivability. 

Sec. 1204. Authority to pay personnel expenses in connection with African cooperation. 


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Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior Counter 

Terrorism Forces. 

Sec. 1206. Air Force scholarships for Partnership for Peace nations to participate 

in the Euro-NATO Joint Jet Pilot Training program. 

Sec. 1207. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1212. One-year extension and modification of Commanders’ Emergency Response Program. 

Sec. 1213. Extension of authority for reimbursement of certain coalition nations for 

support provided to United States military operations. 

Sec. 1214. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Iraq and Afghanistan. 

Sec. 1215. No permanent military bases in Afghanistan. 

Sec. 1216. Authority to use funds for reintegration activities in Afghanistan. 

Sec. 1217. Authority to establish a program to develop and carry out infrastructure 

projects in Afghanistan. 

Sec. 1218. Extension of logistical support for coalition forces supporting operations 

in Iraq and Afghanistan. 

Sec. 1219. Recommendations on oversight of contractors engaged in activities relating to Afghanistan. 

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 

Subtitle C—Reports and Other Matters 

Sec. 1231. One-year extension of report on progress toward security and stability 

in Afghanistan. 

Sec. 1232. Two-year extension of United States plan for sustaining the Afghanistan 

National Security Forces. 

Sec. 1233. Modification of report on responsible redeployment of United States 

Armed Forces from Iraq. 

Sec. 1234. Report on Department of Defense support for coalition operations. 

Sec. 1235. Reports on police training programs. 

Sec. 1236. Report on certain Iraqis affiliated with the United States. 

Sec. 1237. Report on Department of Defense’s plans to reform the export control 

system. 

Sec. 1238. Report on United States efforts to defend against threats posed by the 

anti-access and area-denial capabilities of certain nation-states. 

Sec. 1239. Defense Science Board report on Department of Defense strategy to 

counter violent extremism outside the United States. 

Sec. 1240. Report on merits of an Incidents at Sea agreement between the United 

States, Iran, and certain other countries. 

Sec. 1241. Requirement to monitor and evaluate Department of Defense activities 

to counter violent extremism in Africa. 

Sec. 1242. NATO Special Operations Headquarters. 

Sec. 1243. National Military Strategy to Counter Iran and required briefings. 

Subtitle A—Assistance and Training 

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

Section 1208(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

2086), as most recently amended by section 1202(a) of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2511), is further amended by striking ‘‘$40,000,000’’ 

and inserting ‘‘$45,000,000’’. 

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

(a) ENHANCED INTEROPERABILITY AUTHORITY.—Subsection (a) of 

section 127d of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 

(2) by inserting ‘‘of the United States’’ after ‘‘armed forces’’; 


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(3) by striking the second sentence; and 

(4) by adding at the end the following new paragraphs: 

‘‘(2) In addition to any logistic support, supplies, and services 

provided under paragraph (1), the Secretary may provide logistic 

support, supplies, and services to allied forces solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in combined operations with 

the United States in order to facilitate such operations. Such logistic support, supplies, and services may also be provided under this 

paragraph to a nonmilitary logistics, security, or similar agency of 

an allied government if such provision would directly benefit the 

armed forces of the United States. 

‘‘(3) Provision of support, supplies, and services pursuant to paragraph (1) or (2) may be made only with the concurrence of the Secretary of State.’’. 

(b) CONFORMING AMENDMENTS.—Such section is further amended— 

(1) in subsection (b), by striking ‘‘subsection (a)’’ in paragraphs (1) and (2) and inserting ‘‘subsection (a)(1)’’; and 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘Except as provided in paragraph (2), 

the’’ and inserting ‘‘The’’; and 

(ii) by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; and 

(B) in paragraph (2), by striking ‘‘In addition’’ and all 

that follows through ‘‘fiscal year,’’ and inserting ‘‘The value 

of the logistic support, supplies, and services provided 

under subsection (a)(2) in any fiscal year may not’’. 

SEC. 1203. EXPANSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND CERTAIN 

MILITARY EQUIPMENT TO CERTAIN FOREIGN FORCES FOR PERSONNEL PROTECTION AND SURVIVABILITY. 

(a) EXPANSION FOR TRAINING FOR DEPLOYMENT.—Paragraph (3) 

of section 1202(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), 

as most recently amended by section 1252(a) of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–181; 

122 Stat. 402), is further amended— 

(1) by striking ‘‘only in Iraq or Afghanistan, or in a peacekeeping operation described in paragraph (1), as applicable, 

and’’; and 

(2) by striking ‘‘those forces.’’ and inserting ‘‘those forces and 

only— 

‘‘(A) in Iraq or Afghanistan; 

‘‘(B) in a peacekeeping operation described in paragraph 

(1); or 

‘‘(C) in connection with the training of those forces to be 

deployed to Iraq, Afghanistan, or a peacekeeping operation 

described in paragraph (1) for such deployment.’’. 

(b) NOTICE AND WAIT ON EXERCISE OF ADDITIONAL AUTHORITY.— 

Such section is further amended by adding at the end the following 

new paragraph: 


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‘‘(5) NOTICE AND WAIT ON PROVISION OF EQUIPMENT FOR CER- TAIN PURPOSES.—Equipment may not be provided under paragraph (1) in connection with training as specified in paragraph 

(3)(C) until 15 days after the date on which the Secretary of 

Defense submits to the specified congressional committees 

written notice on the provision of such equipment for such purpose.’’. 

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

(a) IN GENERAL.—Chapter 53 of title 10, United States Code, is 

amended by inserting after section 1050 the following new section: 

‘‘§ 1050a. African cooperation: payment of personnel expenses 

‘‘The Secretary of Defense or the Secretary of a military department may pay the travel, subsistence, and special compensation of 

officers and students of African countries and other expenses that 

the Secretary considers necessary for African cooperation.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 53 of such title is amended by inserting after the 

item relating to section 1050 the following new item: 

‘‘1050a. African cooperation: payment of personnel expenses.’’. 

SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY 

OF INTERIOR COUNTER TERRORISM FORCES. 

(a) AUTHORITY.—The Secretary of Defense may, with the concurrence of the Secretary of State, provide assistance during fiscal 

year 2011 to enhance the ability of the Yemen Ministry of Interior 

Counter Terrorism Forces to conduct counterterrorism operations 

against al Qaeda in the Arabian Peninsula and its affiliates. 

(b) TYPES OF ASSISTANCE.— (1) AUTHORIZED ELEMENTS.—Assistance under subsection (a) 

may include the provision of equipment, supplies, and training. 

(2) REQUIRED ELEMENTS.—Assistance under subsection (a) 

shall be provided in a manner that promotes— 

(A) observance of and respect for human rights and fundamental freedoms; and 

(B) respect for legitimate civilian authority in Yemen. 

(3) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection (a) 

to provide any type of assistance described in this subsection 

that is otherwise prohibited by any provision of law. 

(c) FUNDING.—Of the amount authorized to be appropriated by 

section 301 for operation and maintenance for fiscal year 2011, 

$75,000,000 may be utilized to provide assistance under subsection 

(a). 

(d) NOTICE TO CONGRESS.— 

(1) IN GENERAL.—Not less than 15 days before providing assistance under subsection (a), the Secretary of Defense shall 

submit to the committees of Congress specified in paragraph 

(2) a notice setting forth the assistance to be provided, including the types of such assistance, the budget for such assistance, and the completion date for the provision of such assistance. 


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(2) COMMITTEES OF CONGRESS.—The committees of Congress 

specified in this paragraph are— 

(A) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(B) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of 

the House of Representatives. 

SEC. 1206. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE 

NATIONS TO PARTICIPATE IN THE EURO-NATO JOINT JET PILOT 

TRAINING PROGRAM. 

(a) ESTABLISHMENT OF SCHOLARSHIP PROGRAM.—The Secretary of 

the Air Force may establish and maintain a demonstration scholarship program to allow personnel of the air forces of countries that 

are signatories of the Partnership for Peace Framework Document 

to receive undergraduate pilot training and necessary related training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program. The Secretary of the Air Force shall establish the program 

pursuant to regulations prescribed by the Secretary of Defense in 

consultation with the Secretary of State. 

(b) TRANSPORTATION, SUPPLIES, AND ALLOWANCE.—Under such 

conditions as the Secretary of the Air Force may prescribe, the Secretary may provide to a person receiving a scholarship under the 

scholarship program— 

(1) transportation incident to the training received under the 

ENJJPT program; 

(2) supplies and equipment to be used during the training; 

(3) flight clothing and other special clothing required for the 

training; 

(4) billeting, food, and health services; and 

(5) a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the Armed Forces of the United 

States under similar circumstances. 

(c) RELATION TO EURO-NATO JOINT JET PILOT TRAINING PROGRAM.— 

(1) ENJJPT STEERING COMMITTEE AUTHORITY.—Nothing in 

this section shall be construed or interpreted to supersede the 

authority of the ENJJPT Steering Committee under the 

ENJJPT Memorandum of Understanding. Pursuant to the 

ENJJPT Memorandum of Understanding, the ENJJPT Steering Committee may resolve to forbid any airman or airmen 

from a Partnership for Peace nation to participate in the EuroNATO 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 


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the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any 

other provision of law. 

(e) COST-SHARING.—For purposes of ENJJPT cost-sharing, personnel of an air force of a foreign country who receive a scholarship 

under the scholarship program may be counted as United States 

pilots. 

(f) PROGRESS REPORT.—Not later than February 1, 2012, the Secretary of the Air Force shall submit to the congressional defense 

committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the status of the demonstration program, including 

the opinion of the Secretary and NATO allies on the benefits of the 

program and whether or not to permanently authorize the program 

or extend the program beyond fiscal year 2012. The report shall 

specify the following: 

(1) The countries participating in the scholarship program. 

(2) The total number of foreign pilots who received scholarships under the scholarship program. 

(3) The amount expended on scholarships under the scholarship program. 

(4) The source of funding for scholarships under the scholarship program. 

(g) DURATION.—No scholarship may be awarded under the scholarship program after September 30, 2012. 

(h) FUNDING SOURCE.—Amounts to award scholarships under the 

scholarship program shall be derived from amounts authorized to 

be appropriated for operation and maintenance for the Air Force. 

SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES. 

(a) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY

TO PARTICIPATE IN OR SUPPORT MILITARY AND STABILITY OPERATIONS.— 

(1) IN GENERAL.—Subsection (c)(5) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456), as added by section 1206(a) of 

the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2514), is further amended— 

(A) by striking ‘‘and not more than’’ and inserting ‘‘not 

more than’’; and 

(B) by inserting after ‘‘fiscal year 2011’’ the following: ‘‘, 

and not more than $100,000,000 may be used during fiscal 

year 2012’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on the date of the enactment of this Act 

and shall apply with respect to programs under subsection (a) 

of such section that begin on or after that date. 

(b) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of such 

section, as most recently amended by section 1206(c) of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4625), is further amended by— 

(1) by striking ‘‘September 30, 2011’’ and inserting ‘‘September 30, 2012’’; and 


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(2) by striking ‘‘fiscal years 2006 through 2011’’ and inserting 

‘‘fiscal years 2006 through 2012’’. 

Subtitle B—Matters Relating to Iraq, Afghanistan, and 

Pakistan 

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

PURPOSES RELATING TO IRAQ. 

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose 

as follows: 

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States 

Armed Forces in Iraq. 

(2) To exercise United States control of the oil resources of 

Iraq. 

SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) ONE-YEAR EXTENSION OF CERP AUTHORITY.—Subsection (a) 

of section 1202 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3455), as most recently 

amended by section 1222 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2518), is further amended— 

(1) in the subsection heading, by striking ‘‘FISCAL YEAR

2010’’ and inserting ‘‘FISCAL YEAR 2011’’; 

(2) by striking ‘‘fiscal year 2010’’ and inserting ‘‘fiscal year 

2011’’; and 

(3) by striking ‘‘operation and maintenance’’ and all that follows and inserting ‘‘operation and maintenance— ‘‘(1) not to exceed $100,000,000 may be used by the Secretary 

of Defense in such fiscal year to provide funds for the Commanders’ Emergency Response Program in Iraq; and ‘‘(2) not to exceed $400,000,000 may be used by the Secretary 

of Defense in such fiscal year to provide funds for the Commanders’ Emergency Response Program in Afghanistan.’’. 

(b) QUARTERLY REPORTS.—Subsection (a) of such section, as so 

amended, is further amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) FORM OF REPORTS.—Each report required under paragraph (1) shall be submitted, at a minimum, in a searchable 

electronic format that enables the congressional defense committees to sort the report by amount expended, location of each 

project, type of project, or any other field of data that is included in the report.’’. 

(c) RESTRICTION ON AMOUNT OF PAYMENTS; NOTIFICATION.—Such 

section, as so amended, is further amended— 

(1) by redesignating subsection (g) as subsection (i); and 

(2) by inserting after subsection (f) the following new subsections: 

‘‘(g) RESTRICTION ON AMOUNT OF PAYMENTS.—Funds made available under this section for the Commanders’ Emergency Response 

Program may not be obligated or expended to carry out any project 


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if the total amount of funds made available for the purpose of carrying out the project, including any ancillary or related elements 

of the project, exceeds $20,000,000. 

‘‘(h) NOTIFICATION.—Not less than 15 days before obligating or 

expending funds made available under this section for the Commanders’ Emergency Response Program for a project in Afghanistan with a total anticipated cost of $5,000,000 or more, the Secretary of Defense shall submit to the congressional defense committees a written notice containing the following information: 

‘‘(1) The location, nature, and purpose of the proposed 

project, including how the project is intended to advance the 

military campaign plan for Afghanistan. 

‘‘(2) The budget and implementation timeline for the proposed project, including any other funding under the Commanders’ Emergency Response Program that has been or is anticipated to be contributed to the completion of the project. 

‘‘(3) A plan for the sustainment of the proposed project, including any agreement with either the Government of Afghanistan, a department or agency of the United States Government 

other than the Department of Defense, or a third party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the 

proposed project’’. 

(d) DEFINITION.—Subsection (i) of such section, as redesignated 

by subsection (c)(1) of this section, is amended by striking ‘‘means 

the program’’ and all that follows and inserting ‘‘means the program that— 

‘‘(1) authorizes United States military commanders to carry 

out small-scale projects designed to meet urgent humanitarian 

relief requirements or urgent reconstruction requirements 

within their areas of responsibility; and 

‘‘(2) provides an immediate and direct benefit to the people 

of Iraq or Afghanistan.’’. 

SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED 

STATES MILITARY OPERATIONS. 

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1233 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as amended by section 1223 of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2519), is further amended by striking ‘‘section 1509(5) of the National Defense Authorization Act for Fiscal 

Year 2010’’ and inserting ‘‘section 1510 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011’’. 

(b) LIMITATION ON AMOUNT.—Subsection (d)(1) of such section, as 

so amended, is further amended in the second sentence by inserting ‘‘or 2011’’ after ‘‘fiscal year 2010’’. 

(c) EXCEPTION FROM NOTICE TO CONGRESS REQUIREMENTS.—Subsection (e) of such section, as so amended, is further amended— 

(1) by striking ‘‘(e) NOTICE TO CONGRESS.—The Secretary of 

Defense’’ and inserting the following: 

‘‘(e) NOTICE TO CONGRESS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary of Defense’’; and 


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(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 REIM- BURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.— Section 1232(b)(6) of the National Defense Authorization Act for 

Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 

2010, is further amended by striking ‘‘September 30, 2011’’ and inserting ‘‘September 30, 2012’’. 

SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND 

SECURITY FORCES OF IRAQ AND AFGHANISTAN. 

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 1234 of 

the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2532) is amended by striking ‘‘September 

30, 2010’’ and inserting ‘‘December 31, 2011’’. 

(b) QUARTERLY REPORTS.—Subsection (f)(1) of such section is 

amended by striking ‘‘during fiscal year 2010’’ and inserting 

‘‘through March 31, 2012’’. 

SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANISTAN. 

None of the funds authorized to be appropriated by this Act may 

be obligated or expended by the United States Government to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces 

in Afghanistan. 

SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN. 

(a) AUTHORITY.—The Secretary of Defense, with the concurrence of the Secretary of State, may utilize not more than $50,000,000 

from funds made available to the Department of Defense for operation and maintenance for fiscal year 2011 to support the reintegration into Afghan society of those individuals who pledge— 

(1) to cease all support for the insurgency in Afghanistan; 

(2) to live in accordance with the Constitution of Afghanistan; 

(3) to cease violence against the Government of Afghanistan 

and its international partners; and 

(4) that they do not have material ties to al Qaeda or affiliated transnational terrorist organizations. 

(b) SUBMISSION OF GUIDANCE.— 

(1) INITIAL SUBMISSION.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a copy of 

the guidance issued by the Secretary or the Secretary’s designee concerning the allocation of funds utilizing the authority 

of subsection (a). Such guidance shall include— 

(A) mechanisms for coordination with the Government of 

Afghanistan and other United States Government departments and agencies as appropriate; and 

(B) mechanisms to track rates of recidivism among individuals described in subsection (a). 


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(2) MODIFICATIONS.—If the guidance in effect for the purpose 

stated in paragraph (1) is modified, the Secretary of Defense 

shall submit to the congressional defense committees a copy of 

the modification not later than 15 days after the date on which 

such modification is made. 

(c) REPORTS.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary 

of Defense shall submit to the appropriate congressional committees a report on activities carried out utilizing the authority of subsection (a). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the 

Senate. 

(e) EXPIRATION.—The authority to utilize funds under subsection 

(a) shall expire at the close of December 31, 2011. 

SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND 

CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN. 

(a) AUTHORITY.—The Secretary of Defense and the Secretary of 

State are authorized to establish a program to develop and carry 

out infrastructure projects in Afghanistan in accordance with the 

requirements of this section. 

(b) FORMULATION AND EXECUTION OF PROGRAM.— (1) IN GENERAL.—The Secretary of State and the Secretary 

of Defense shall jointly develop any project under the program 

authorized under subsection (a). Except as provided in paragraph (2), the Secretary of State, in coordination with the Secretary of Defense, shall implement any project under the program authorized under subsection (a). 

(2) EXCEPTION.—The Secretary of Defense shall implement a 

project under the program authorized under subsection (a) if 

the Secretary of Defense and the Secretary of State jointly determine that the Secretary of Defense should implement the 

project. 

(c) TYPES OF PROJECTS.—Infrastructure projects under the program authorized under subsection (a) may include— 

(1) water, power, and transportation projects; and 

(2) other projects in support of the counterinsurgency strategy in Afghanistan. 

(d) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The authority to establish the program and develop and carry out infrastructure projects under subsection (a) is in addition to any other 

authority to provide assistance to foreign countries. 

(e) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.— 

(1) IN GENERAL.—The administrative provisions of chapter 2 

of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 

2381 et seq.) shall apply to funds made available to the Secretary of State for purposes of carrying out infrastructure 

projects under the program authorized under subsection (a) to 

the same extent and in the same manner as such administrative provisions apply to funds made available to carry out part 

I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). 


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(2) GIFTS, ETC.—The Secretary of Defense and the Secretary 

of State may accept and use in furtherance of the purposes of 

this section, money, funds, property, and services of any kind 

made available by gift, devise, bequest, grant, or otherwise for 

such purposes. 

(f) FUNDING.— (1) IN GENERAL.—The Secretary of Defense may use up to $400,000,000 of funds made available to the Department of Defense for operation and maintenance for fiscal year 2011 to 

carry out the program authorized under subsection (a). 

(2) AVAILABILITY.—Funds made available by paragraph (1) 

are authorized to remain available until September 30, 2012. 

(g) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense 

shall notify the appropriate congressional committees not less than 

30 days before obligating or expending funds to carry out a project 

or transferring funds to the Secretary of State for the purpose of 

implementing a project under the program authorized under subsection (a). Such notification shall be in writing and contain a description of the details of the proposed project, including— 

(1) a plan for the sustainment of the project; and 

(2) a description of how the project supports the counterinsurgency strategy in Afghanistan. 

(h) RETURN OF UNEXPENDED FUNDS.— (1) IN GENERAL.—Any unexpended funds transferred to the 

Secretary of State for the purpose of implementing a project 

under the program authorized under subsection (a) shall be returned to the Secretary of Defense if the Secretary of State, in 

coordination with the Secretary of Defense, determines that 

the project cannot be implemented for any reason or that the 

project no longer supports the counterinsurgency strategy in 

Afghanistan. 

(2) AVAILABILITY.—Any funds returned to the Secretary of 

Defense under this subsection shall be available for use under 

this section and shall be treated in the same manner as funds 

not transferred to the Secretary of State. 

(i) REPORTS.— (1) REPORT REQUIRED.—Not later than 30 days after the end 

of each fiscal year in which funds are obligated, expended, or 

transferred under the program authorized under subsection 

(a), the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional 

committees a report regarding implementation of the program 

during such fiscal year. 

(2) MATTERS TO BE INCLUDED.—The report required under 

paragraph (1) shall include the following: 

(A) The allocation and use of funds under the program 

during the fiscal year. 

(B) A description of each project for which funds were 

expended or transferred during the fiscal year. 

(j) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives; and 


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(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the 

Senate. 

SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COALITION 

FORCES SUPPORTING OPERATIONS IN IRAQ AND AFGHANISTAN. 

Section 1234 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 394) is amended by 

striking ‘‘fiscal year 2008’’ each place it appears and inserting ‘‘fiscal year 2011’’. 

SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN ACTIVITIES RELATING TO AFGHANISTAN. 

(a) RECOMMENDATIONS REQUIRED.—Not later than 90 days after 

the date of the enactment of this Act, the Special Inspector General 

for Afghanistan Reconstruction shall, in consultation with the Inspector General of the Department of Defense, the Inspector General of the United States Agency for International Development, 

and the Inspector General of the Department of State— 

(1) issue recommendations on measures to increase oversight 

of contractors engaged in activities relating to Afghanistan; 

(2) report on the status of efforts of the Department of Defense, the United States Agency for International Development, and the Department of State to implement existing recommendations regarding oversight of such contractors; and 

(3) report on the extent to which military and security contractors or subcontractors engaged in activities relating to Afghanistan have been responsible for the deaths of Afghan civilians. 

(b) ELEMENTS OF RECOMMENDATIONS.—The recommendations 

issued under subsection (a)(1) shall include recommendations for 

reducing the reliance of the United States on— 

(1) military and security contractors or subcontractors engaged in activities relating to Afghanistan that have been responsible for the deaths of Afghan civilians; and 

(2) Afghan militias or other armed groups that are not part 

of the Afghan National Security Forces. 

SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY FUND. 

(a) EXTENSION.—Subsection (h) of section 1224 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2521) is amended by striking ‘‘September 30, 2010’’ 

both places it appears and inserting ‘‘September 30, 2011’’. 

(b) REQUIRED ELEMENTS OF ASSISTANCE.—Subsection (b) of such 

section is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) REQUIRED ELEMENTS OF ASSISTANCE.—Assistance provided to the security forces of Pakistan under this section in 

a fiscal year after fiscal year 2010 shall be provided in a manner that promotes— 

‘‘(A) observance of and respect for human rights and fundamental freedoms; and 

‘‘(B) respect for legitimate civilian authority within Pakistan.’’. 


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Subtitle C—Reports and Other Matters 

SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD 

SECURITY AND STABILITY IN AFGHANISTAN. 

Section 1230(a) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385), as amended 

by section 1236 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–81; 123 Stat. 2535), is further 

amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL SECURITY FORCES. 

Section 1231(a) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 390) is amended 

by striking ‘‘2010’’ and inserting ‘‘2012’’. 

SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ. 

(a) REPORT REQUIRED.—Subsection (a) of section 1227 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2525; 50 U.S.C. 1541 note) is amended— 

(1) by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2010’’; and 

(2) by striking ‘‘90 days thereafter’’ and inserting ‘‘180 days 

thereafter’’. 

(b) ELEMENTS.—Subsection (b) of such section is amended— 

(1) in paragraph (5), by striking ‘‘Multi-National Force–Iraq’’ 

each place it occurs and inserting ‘‘United States Forces–Iraq’’; 

and 

(2) by adding at the end the following: 

‘‘(6) An assessment of progress to transfer responsibility of 

programs, projects, and activities carried out in Iraq by the Department of Defense to other United States Government departments and agencies, international or nongovernmental entities, or the Government of Iraq. The assessment should include a description of the numbers and categories of programs, 

projects, and activities for which such other entities have taken 

responsibility or which have been discontinued by the Department of Defense. The assessment should also include a discussion of any difficulties or barriers in transitioning such programs, projects, and activities and what, if any, solutions have 

been developed to address such difficulties or barriers. 

‘‘(7) An assessment of progress toward the goal of building 

the minimum essential capabilities of the Ministry of Defense 

and the Ministry of the Interior of Iraq, including a description 

of— 

‘‘(A) such capabilities both extant and remaining to be 

developed; 

‘‘(B) major equipment necessary to achieve such capabilities; 

‘‘(C) the level and type of support provided by the United 

States to address shortfalls in such capabilities; and 

‘‘(D) the level of commitment, both financial and political, made by the Government of Iraq to develop such capabilities, including a discussion of resources used by the 

Government of Iraq to develop capabilities that the SecVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00287 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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retary determines are not minimum essential capabilities 

for purposes of this paragraph. 

‘‘(8) A listing and assessment of the anticipated level and 

type of support to be provided by United States special operations forces to the Government of Iraq and Iraqi special operations forces during the redeployment of United States conventional forces from Iraq. The assessment should include a listing 

of anticipated critical support from general purpose forces required by United States special operations forces and Iraqi special operations forces. The assessment should also include combat support, including rotary aircraft and intelligence, surveillance, and reconnaissance assets, combat service support, and 

contractor support needed through December 31, 2011.’’. 

(c) SECRETARY OF STATE COMMENTS.—Such section is further 

amended by striking subsection (c) and inserting the following: 

‘‘(c) SECRETARY OF STATE COMMENTS.—Prior to submitting the 

report required under subsection (a), the Secretary of Defense shall 

provide a copy of the report to the Secretary of State for review. 

At the request of the Secretary of State, the Secretary of Defense 

shall include an appendix to the report which contains any comments or additional information that the Secretary of State requests.’’. 

(d) FORM.—Subsection (d) of such section is amended by striking 

‘‘, whether or not included in another report on Iraq submitted to 

Congress by the Secretary of Defense,’’. 

(e) TERMINATION.—Such section is further amended by adding at 

the end the following: 

‘‘(f) TERMINATION.—The requirement to submit the report required under subsection (a) shall terminate on September 30, 

2012.’’. 

(f) REPEAL OF OTHER REPORTING REQUIREMENTS.—The following 

provisions of law are hereby repealed: 

(1) Section 1227 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465; 50 

U.S.C. 1541 note) (as amended by section 1223 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 122 Stat. 373)). 

(2) Section 1225 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 375). 

SEC. 1234. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR COALITION OPERATIONS. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the implementation of the coalition support authorities of the 

Department of Defense during Operation Iraqi Freedom and Operation Enduring Freedom. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A description of the purpose and use of each coalition 

support authority of the Department of Defense. 

(2) For the period of Operation Enduring Freedom ending on 

September 30, 2010, a summary of the amount of training, 


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equipment, services, or other assistance provided or loaned 

under any coalition support authority of the Department of Defense set forth, for each such authority, by amount provided or 

loaned during each fiscal year of such period for each recipient 

country. 

(3) For the period of Operation Iraqi Freedom ending on September 30, 2010, a summary of the amount of training, equipment, services, or other assistance provided or loaned under 

any coalition support authority of the Department of Defense 

set forth, for each such authority, by amount provided or 

loaned during each fiscal year of such period for each recipient 

country. 

(4) An assessment of the effectiveness of each coalition support authority of the Department of Defense in meeting its intended purpose. 

(5) For each recipient country of coalition support under a coalition support authority of the Department of Defense— 

(A) a description of the contribution of such country to 

coalition operations in Operation Enduring Freedom or 

Operating Iraqi Freedom; and 

(B) an assessment of the extent to which coalition support provided by the United States enhanced the ability of 

such country to participate in coalition operations in Operation Enduring Freedom or Operating Iraqi Freedom. 

(6) A description of the actions taken by the Department Defense to eliminate duplication and overlap in coalition support 

provided under the coalition support authorities of the Department of Defense. 

(7) An assessment by the Secretary of Defense whether there 

is an ongoing need for each coalition support authority of the 

Department of Defense, and an estimate of the anticipated future demand for coalition support under such coalition support 

authorities. 

(c) COALITION SUPPORT AUTHORITIES OF THE DEPARTMENT OF DEFENSE DEFINED.—In this section, the term ‘‘coalition support authorities of the Department of Defense’’ means the following: 

(1) Coalition Support Funds, including the authority to provide specialized training and loan specialized equipment under 

the Coalition Support Fund (commonly referred to as the ‘‘Coalition Readiness Support Program’’). 

(2) Lift and sustain authority under appropriations Acts or 

under section 1234 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394). 

(3) Global lift and sustain authority under section 127c of 

title 10, United States Code. 

(4) The authority to provide logistic support, supplies, and 

services to allied forces participating in combined operations 

under section 127d of title 10, United States Code. 

(5) The temporary authority to lend significant military 

equipment under acquisition and cross-servicing agreements 

pursuant to section 1202 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364). 

(6) The authority under section 1206 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163) 


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to provide assistance to build the capacity of foreign nations to 

support military or stability operations in which the United 

States Armed Forces are a participant. 

(7) Any other authority that the Secretary of Defense designates as a coalition support authority of the Department of 

Defense for purposes of the report required by subsection (a). 

SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS. 

(a) DOD INSPECTOR GENERAL REPORT ON AFGHAN NATIONAL POLICE TRAINING PROGRAM.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Inspector General of the 

Department of Defense shall, in consultation with the Inspector General of the Department of State, submit to the appropriate committees of Congress a report on the Afghan National 

Police training program. 

(2) REVIEW.—In preparing the report required by paragraph 

(1), the Inspector General of the Department of Defense shall 

conduct a review of the Afghan National Police training program that focuses on developments since the Inspector General 

of the Department of Defense and the Inspector General of the 

Department of State released the report entitled ‘‘Department 

of Defense Obligations and Expenditures of Funds Provided to 

the Department of State for the Training and Mentoring of the 

Afghan National Police’’ (DODIG Report No. D–2010–042, 

DOSIG Report No. MERO–A–10–06, February 9, 2010). 

(3) ELEMENTS OF REPORT.—The report required by paragraph 

(1) shall include the following: 

(A) A description of the components, planning, and scope 

of the Afghan National Police training program since the 

United States assumed control of the program in 2003. 

(B) A description of the cost to the United States of the 

Afghan National Police training program, including the 

source and amount of funding, and a description of the allocation of responsibility between the Department of Defense and the Department of State for funding the program. 

(C) A description of the allocation of responsibility between the Department of Defense and the Department of 

State for the oversight and execution of the program. 

(D) A description of the personnel and staffing requirements for overseeing and executing the program, both in 

the United States and in theater, including United States 

civilian government and military personnel, contractor personnel, and nongovernmental personnel, and non-United 

States civilian and military personnel, contractor personnel, and nongovernmental personnel. 

(E) An assessment of the cost, performance metrics, and 

planning associated with the transfer of administration of 

the contract for the Afghan National Police training program from the Department of State to the Department of 

Defense. 

(b) GAO REPORT ON USE OF GOVERNMENT PERSONNEL RATHER

THAN CONTRACTORS FOR TRAINING AFGHAN NATIONAL POLICE.— 


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(1) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United 

States shall submit to the appropriate committees of Congress 

a report on the use of United States Government personnel 

rather than contractors for the training of the Afghan National 

Police. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) A description of the roles and responsibilities of contractors and United States Government personnel in the 

Afghan National Police training program and a description 

of how the division of roles and responsibilities between 

such contractors and personnel has been determined. 

(B) An assessment of the relative advantages and disadvantages of using contractors or United States Government personnel in the Afghan National Police training program, including an assessment of— 

(i) the shortfalls and inefficiencies, if any, in contractor performance in the program; and 

(ii) options for leveraging United States Government 

resources and capacity to address the shortfalls and 

inefficiencies described in clause (i) and to better address current and future needs under the program. 

(C) An assessment of the factors, such as oversight, cost 

considerations, performance, policy, and other factors, that 

would be impacted by transferring responsibilities for the 

performance of the Afghan National Police training program from contractors to United States Government personnel. 

(D) A review of the lessons learned from the execution 

and oversight of the police training program in Iraq, and 

any other relevant police training programs led by the Department of Defense, regarding the relative advantages 

and disadvantages of using United States Government personnel or contractors to carry out police training programs 

for foreign nations. 

(c) REPORT ON GOVERNMENT POLICE TRAINING AND EQUIPPING

PROGRAMS.— 

(1) REPORT.—Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on United States Government police training and equipping programs outside the 

United States. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) A list of all United States Government departments 

and agencies involved in implementing police training and 

equipping programs. 

(B) A description of the scope, size, and components of 

all police training and equipping programs for fiscal years 

2010 and 2011, to include for each such program— 

(i) the name of each country that received assistance 

under the program; 


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(ii) the types of recipient nation units receiving such 

assistance, including national police, gendarmerie, 

counternarcotics police, counterterrorism police, 

Formed Police Units, border security, and customs; 

(iii) the purpose and objectives of the program; 

(iv) the funding and personnel levels for the program in each such fiscal year; 

(v) the authority under which the program is conducted; 

(vi) the name of the United States Government department or agency with lead responsibility for the 

program and the mechanisms for oversight of the program; 

(vii) the extent to which the program is implemented by contractors or United States Government 

personnel; and 

(viii) the metrics for measuring the results of the 

program. 

(C) An assessment of the requirements for police training and equipping programs, and what changes, if any, are 

required to improve the capacity of the United States Government to meet such requirements. 

(D) An evaluation of the appropriate role of United 

States Government departments and agencies in coordinating on and carrying out police training and equipping 

programs. 

(E) An evaluation of the appropriate role of contractors 

in carrying out police training and equipping programs, 

and what modifications, if any, are needed to improve 

oversight of such contractors. 

(F) Recommendations for legislative modifications, if 

any, to existing authorities relating to police training and 

equipping programs. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Armed Services, Foreign Relations, 

Homeland Security and Governmental Affairs, and Appropriations of the Senate; and 

(2) the Committees on Armed Services, Foreign Affairs, 

Oversight and Government Reform, and Appropriations of the 

House of Representatives. 

SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE 

UNITED STATES. 

(a) IN GENERAL.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense, in consultation 

with the Secretary of State, the Attorney General, the Secretary of 

Homeland Security, the Administrator of the United States Agency 

for International Development, and the heads of other appropriate 

Federal agencies (as determined by the Secretary of Defense), shall 

submit to the Congress a report containing the information described in subsection (b). In preparing such report, the Secretary of 

Defense shall use available information from organizations and entities closely associated with the United States mission in Iraq that 

have received United States Government funding through an offiVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00292 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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cial and documented contract, award, grant, or cooperative agreement. 

(b) INFORMATION.—The information described in this subsection 

is the following: 

(1) The number of Iraqis who were or are employed by the 

United States Government in Iraq or who are or were employed in Iraq by an organization or entity closely associated 

with the United States mission in Iraq that has received 

United States Government funding through an official and documented contract, award, grant, or cooperative agreement. 

(2) The number of Iraqis who have applied— 

(A) for resettlement in the United States as a refugee 

under section 1243 of the Refugee Crisis in Iraq Act of 

2007 (subtitle C of title XII of division A of Public Law 

110–181; 122 Stat. 395 et seq.); 

(B) to enter the United States as a special immigrant 

under section 1244 of such Act; or 

(C) to enter the United States as a special immigrant 

under section 1059 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 

1101 note). 

(3) The status of each application described in paragraph (2). 

(4) The estimated number of individuals described in paragraph (1) who have been injured or killed in Iraq. 

(c) EXPEDITED PROCESSING.—The Secretary of Defense, the Secretary of State, and the Secretary of Homeland Security shall develop a plan using the report submitted under subsection (a) to expedite the processing of the applications described in subsection 

(b)(2) in the case of Iraqis at risk as the United States withdraws 

from Iraq. 

SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE’S PLANS TO REFORM THE EXPORT CONTROL SYSTEM. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the appropriate congressional committees a report on the Department of Defense’s plans to implement the reforms to the 

United States export control system recommended by the interagency task force established at the direction of the President on 

August 13, 2009. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include an assessment of the extent to which the 

plans to reform the export control system will— 

(1) impact the Defense Technology Security Administration 

of the Department of Defense; 

(2) affect the role of the Department of Defense with respect 

to export control policy; and 

(3) ensure greater protection and monitoring of militarily 

critical technologies. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives; and 


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(2) the Committee on Armed Services, the Committee on 

Banking, Housing, and Urban Affairs, and the Committee on 

Foreign Relations of the Senate. 

SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST 

THREATS POSED BY THE ANTI-ACCESS AND AREA-DENIAL CAPABILITIES OF CERTAIN NATION-STATES. 

(a) FINDING.—Congress finds that the 2010 report on the Department of Defense Quadrennial Defense Review concludes that 

‘‘[a]nti-access strategies seek to deny outside countries the ability 

to project power into a region, thereby allowing aggression or other 

destabilizing actions to be conducted by the anti-access power. 

Without dominant capabilities to project power, the integrity of 

United States alliances and security partnerships could be called 

into question, reducing United States security and influence and 

increasing the possibility of conflict’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that, in 

light of the finding in subsection (a), the Secretary of Defense 

should ensure that the United States has the appropriate authorities, capabilities, and force structure to defend against any potential future threats posed by the anti-access and area-denial capabilities of potentially hostile foreign countries. 

(c) REPORT.—Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on United States 

efforts to defend against any potential future threats posed by the 

anti-access and area-denial capabilities of potentially hostile nation-states. 

(d) ELEMENTS.—The report required under subsection (c) shall 

include the following: 

(1) An assessment of any potential future threats posed by 

the anti-access and area-denial capabilities of potentially hostile foreign countries, including an identification of the foreign 

countries with such capabilities, the nature of such capabilities, and the possible advances in such capabilities over the 

next 10 years. 

(2) A description of any efforts by the Department of Defense 

to address the potential future threats posed by the anti-access 

and area-denial capabilities of potentially hostile foreign countries. 

(3) A description of the authorities, capabilities, and force 

structure that the United States may require over the next 10 

years to address the threats posed by the anti-access and areadenial 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 


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(2) the term ‘‘area-denial’’, with respect to capabilities, 

means operations aimed to prevent freedom of action of friendly forces in the more narrow confines of the area under a potentially hostile nation-state’s direct control, including actions 

by an adversary in the air, on land, and on and under the sea 

to contest and prevent joint operations within a defended 

battlespace. 

SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPARTMENT OF 

DEFENSE STRATEGY TO COUNTER VIOLENT EXTREMISM OUTSIDE THE UNITED STATES. 

(a) REPORT REQUIRED.—Not later than one year after the date of 

the enactment of this Act, the Defense Science Board shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the strategy of the Department of 

Defense to counter violent extremism outside the United States. 

(b) ELEMENTS.—The report required by subsection (a) shall include, at a minimum, the following: 

(1) A review of the current strategy, research activities, resource allocations, and organizational structure of the Department of Defense for countering violent extremism outside the 

United States. 

(2) A review of interagency coordination and decision-making 

processes for executing and overseeing strategies and programs 

for countering violent extremism outside the United States. 

(3) An analysis of alternatives and options available to the 

Department of Defense to counter violent extremism outside 

the United States. 

(4) An analysis of legal, policy, and strategy issues involving 

efforts to counter violent extremism outside the United States 

as such efforts potentially affect domestic efforts to interrupt 

radicalization efforts within the United States. 

(5) An analysis of the current information campaign of the 

Department of Defense against violent extremists outside the 

United States. 

(6) Such recommendations for further action to address the 

matters covered by the report as the Defense Science Board 

considers appropriate. 

(7) Such other matters as the Defense Science Board determines relevant. 

SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA AGREEMENT 

BETWEEN THE UNITED STATES, IRAN, AND CERTAIN OTHER 

COUNTRIES. 

(a) REPORT REQUIRED.—Not later than 1 year after the date of 

the enactment of this Act, the Secretary of Defense, in coordination 

with the Secretary of State, shall submit to the appropriate congressional committees a report assessing the relative merits of a 

multilateral or bilateral Incidents at Sea military-to-military agreement between the United States, the Government of Iran, and 

other countries operating in the Persian Gulf aimed at preventing 

accidental naval conflict in the Persian Gulf and the Strait of 

Hormuz. 

(b) MATTERS TO BE INCLUDED.—Such assessment should consider and evaluate the current maritime security situation in the 

Persian Gulf and the effect that such an agreement might have on 


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military and other maritime activities in the region, as well as 

other United States regional strategic interests. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate. 

SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT 

OF DEFENSE ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN 

AFRICA. 

(a) IN GENERAL.—The Secretary of Defense, in consultation with 

the Secretary of State, shall monitor and evaluate the impact of 

United States Africa Command (USAFRICOM) Combined Joint 

Task Force-Horn of Africa’s (CJTF–HOA) activities to counter violent extremism in Africa, including civil affairs, psychological operations, humanitarian assistance, and operations to strengthen the 

capacity of partner nations. 

(b) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the following: 

(1) An evaluation of the impact of CJTF–HOA’s activities described in subsection (a) to advance United States security objectives in the Horn of Africa, including the extent to which 

CJTF–HOA’s activities— 

(A) disrupt or deny terrorist networks; 

(B) combat violent extremist ideology; 

(C) are aligned with USAFRICOM’s mission; and 

(D) complement programs conducted by the United 

States Agency for International Development. 

(2) USAFRICOM’s efforts to monitor and evaluate the impact of CJTF–HOA’s activities described in subsection (a), including— 

(A) the means by which CJTF–HOA follows up on such 

activities to evaluate the effectiveness of such activities; 

(B) USAFRICOM’s specific assessments of CJTF–HOA’s 

activities; and 

(C) a description of plans by the Secretary of Defense to 

make permanent CJTF–HOA’s presence in Djibouti. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate. 

SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS. 

(a) IN GENERAL.—Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2541) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘fiscal year 2010’’ and inserting ‘‘fiscal 

year 2011’’; 

(B) by striking ‘‘pursuant to section 301(1)’’; and 


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(C) by striking ‘‘$30,000,000’’ and inserting 

‘‘$50,000,000’’; 

(2) in subsection (b)— 

(A) by striking ‘‘NATO Special Operations Coordination 

Center’’ and inserting ‘‘NATO Special Operations Headquarters’’; and 

(B) by striking ‘‘NSCC’’ and inserting ‘‘NSHQ’’; and 

(3) in subsection (c), by striking ‘‘NSCC’’ each place it appears and inserting ‘‘NSHQ’’. 

(b) CONFORMING AMENDMENT.—The heading of such section is 

amended by striking ‘‘NATO SPECIAL OPERATIONS COORDINATION

CENTER’’ and inserting ‘‘NATO SPECIAL OPERATIONS HEADQUARTERS’’. 

SEC. 1243. NATIONAL MILITARY STRATEGY TO COUNTER IRAN AND 

REQUIRED BRIEFINGS. 

(a) NATIONAL MILITARY STRATEGY REQUIRED.—The Secretary of 

Defense shall develop a strategy, to be known as the ‘‘National 

Military Strategy to Counter Iran’’. The strategy should— 

(1) provide strategic guidance for activities of the Department of Defense that support the objective of countering 

threats posed by Iran; 

(2) undertake a review of the intelligence in the possession 

of the Department of Defense to develop a list of gaps in intelligence that limit the ability of the Department of Defense to 

counter threats emanating from Iran that the Secretary considers to be critical; 

(3) undertake a review of the ability of the Department of 

Defense to counter threats to the United States, its forces, allies, and interests from Iran, including— 

(A) contributions of the Department of Defense to the efforts of other agencies of the United States Government to 

counter or address the threat emanating from Iran; and 

(B) any gaps in the capabilities and authorities of the 

Department. 

(b) BRIEFINGS TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

brief the congressional defense committees in classified session regarding any resources, capabilities, or changes to current law the 

Secretary believes are necessary to address the gaps identified in 

the strategy required in subsection (a). 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 1304. Plan for nonproliferation, proliferation prevention, and threat reduction 

activities with the People’s Republic of China. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 


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specified in section 1501 of the National Defense Authorization Act 

for Fiscal Year 1997 (50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2011 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2011 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to the 

authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for fiscal years 2011, 2012, and 2013. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $522,512,000 authorized to be appropriated to the Department of Defense for fiscal 

year 2011 in section 301(20) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$66,732,000. 

(2) For strategic nuclear arms elimination in Ukraine, 

$6,800,000. 

(3) For nuclear weapons storage security in Russia, 

$9,614,000. 

(4) For nuclear weapons transportation security in Russia, 

$45,000,000. 

(5) For weapons of mass destruction proliferation prevention 

in the states of the former Soviet Union, $79,821,000. 

(6) For biological threat reduction in the former Soviet 

Union, $209,034,000. 

(7) For chemical weapons destruction, $3,000,000. 

(8) For defense and military contacts, $5,000,000. 

(9) For Global Nuclear Lockdown, $74,471,000. 

(10) For activities designated as Other Assessments/Administrative Costs, $23,040,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2011 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (10) of subsection (a) 

until 15 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as 

authorizing the obligation or expenditure of fiscal year 2011 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under 

this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case in 

which the Secretary of Defense determines that it is necessary 

to do so in the national interest, the Secretary may obligate 

amounts appropriated for fiscal year 2011 for a purpose listed 

in paragraphs (1) through (10) of subsection (a) in excess of the 

specific amount authorized for that purpose. 


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(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds for 

a purpose stated in paragraphs (1) through (10) of subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after— 

(A) the Secretary submits to Congress notification of the 

intent to do so together with a complete discussion of the 

justification for doing so; and 

(B) 15 days have elapsed following the date of the notification. 

SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF 

CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE 

FORMER SOVIET UNION. 

Not more than $500,000 of the fiscal year 2011 Cooperative 

Threat Reduction funds may be obligated or expended to establish 

a center of excellence in a country that is not a state of the former 

Soviet Union until the date that is 15 days after the date on which 

the Secretary of Defense submits to the congressional defense committees a report that includes the following: 

(1) An identification of the country in which the center will 

be located. 

(2) A description of the purpose for which the center will be 

established. 

(3) The agreement under which the center will operate. 

(4) A funding plan for the center, including— 

(A) the amount of funds to be provided by the government of the country in which the center will be located; 

and 

(B) the percentage of the total cost of establishing and 

operating the center the funds described in subparagraph 

(A) will cover. 

SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERATION PREVENTION, AND THREAT REDUCTION ACTIVITIES WITH THE PEOPLE’S 

REPUBLIC OF CHINA. 

(a) IN GENERAL.—Not later than April 1, 2011, the Secretary of 

Defense and the Secretary of Energy shall jointly submit to the 

congressional defense committees a plan to carry out activities of 

the Department of Defense Cooperative Threat Reduction Program 

and the Department of Energy Defense Nuclear Nonproliferation 

program relating to nonproliferation, proliferation prevention, and 

threat reduction with the Government of the People’s Republic of 

China during fiscal years 2011 through 2016. 

(b) ELEMENTS.—The plan required by subsection (a) shall include 

the following: 

(1) A description of the activities to be carried out under the 

plan. 

(2) A description of milestones and goals for such activities. 

(3) An estimate of the annual cost of such activities. 

(4) An estimate of the amount of the total cost of such activities to be provided by the Government of the People’s Republic 

of China. 


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TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Study on working capital fund cash balances. 

Sec. 1403. Modification of certain working capital fund requirements. 

Sec. 1404. Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund. 

Sec. 1405. National Defense Sealift Fund. 

Sec. 1406. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1408. Defense Inspector General. 

Sec. 1409. Defense Health Program. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. Consolidation and reorganization of statutory authority for destruction 

of United States stockpile of lethal chemical agents and munitions. 

Subtitle D—Other Matters 

Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1432. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $160,965,000. 

(2) For the Defense Working Capital Fund, Defense Commissary, $1,273,571,000. 

SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES. 

(a) STUDY REQUIRED.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall seek to 

enter into a contract with a federally funded research and development center with appropriate expertise in revolving fund financial 

management to carry out a study to determine a sufficient operational level of cash that each revolving fund of the Department of 

Defense should maintain in order to sustain a single rate or price 

throughout the fiscal year. 

(b) CONTENTS OF STUDY.—In carrying out a study pursuant to a 

contract entered into under subsection (a), the federally funded research and development center shall— 

(1) qualitatively analyze the operational requirements and 

inherent risks associated with maintaining a specific level of 

cash within each revolving fund of the Department; 

(2) for each such revolving fund, take into consideration any 

effects on appropriation accounts that have occurred due to 

changes made in the rates charged by the fund during a fiscal 

year; 


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(3) take into consideration direct input from the Secretary of 

Defense and officials of each of the military departments with 

leadership responsibility for financial management; 

(4) examine the guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each 

of the military departments, as in effect on the date of the enactment of this Act, including such guidance with respect to 

programming and budgeting and the annual budget displays 

provided to Congress; 

(5) examine the effects on appropriations accounts that have 

occurred due to congressional adjustments relating to excess 

cash balances in revolving funds; 

(6) identify best business practices from the private sector relating to sufficient cash balance reserves; 

(7) examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office; and 

(8) address— 

(A) instances where the fiscal policy of the Department 

of Defense directly follows the law, as in effect on the date 

of the enactment of this Act, and instances where such policy is more restrictive with respect to the fiscal management of revolving funds than such law requires; 

(B) instances where current Department fiscal policy restricts the capability of a revolving fund to achieve the 

most economical and efficient organization and operation 

of activities; 

(C) fiscal policy adjustments required to comply with recommendations provided in the study, including proposed 

adjustments to— 

(i) the Department of Defense Financial Management Regulation; 

(ii) published service regulations and instructions; 

and 

(iii) major command fiscal guidance; and 

(D) such other matters as determined relevant by the 

center carrying out the study. 

(c) AVAILABILITY OF INFORMATION.—The Secretary of Defense and 

the Secretary of each of the military departments shall make available to a federally funded research and development center carrying out a study pursuant to a contract entered into under subsection (a) all necessary and relevant information to allow the center to conduct the study in a quantitative and analytical manner. 

(d) REPORT.—Any contract entered into under subsection (a) shall 

provide that not later than 9 months after the date on which the 

Secretary of Defense enters into the contract, the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives and the Secretary of Defense a 

final report on the study. The report shall include each of the following: 

(1) A description of the revolving fund environment, as of the 

date of the conclusion of the study, and the anticipated future 


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environment, together with the quantitative data used in conducting the assessment of such environments under the study. 

(2) Recommended fiscal policy adjustments to support the 

initiatives identified in the study, including adjustments to— 

(A) the Department of Defense Financial Management 

Regulation; 

(B) published service regulations and instructions; and 

(C) major command fiscal guidance. 

(3) Recommendations with respect to any changes to any applicable law that would be appropriate to support the initiatives identified in the study. 

(e) SUBMITTAL OF COMMENTS.—Not later than 90 days after the 

date of the submittal of the report under subsection (d), the Secretary of Defense and the Secretaries of each of the military departments shall submit to the Committees on Armed Services of 

the Senate and House of Representatives comments on the findings 

and recommendations contained in the report. 

SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND REQUIREMENTS. 

Section 2208 of title 10, United States Code, is amended— 

(1) in subsection (c)(1), by inserting before the semicolon the 

following: ‘‘, including the cost of the procurement and qualification of technology-enhanced maintenance capabilities that 

improve either reliability, maintainability, sustainability, or 

supportability and have, at a minimum, been demonstrated to 

be functional in an actual system application or operational environment’’; and 

(2) in subsection (k)(2), by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’. 

SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE 

PENTAGON RESERVATION MAINTENANCE REVOLVING FUND. 

Not later than 60 days after the date of the enactment of this 

Act, the Secretary of Defense shall transfer $53,000,000 from the 

unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United 

States Code, to the Miscellaneous Receipts Fund of the United 

States Treasury. 

SEC. 1405. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for the fiscal 

year 2011 for the National Defense Sealift Fund in the amount of 

$934,866,000. 

SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 

year 2011 for expenses, not otherwise provided for, for Chemical 

Agents and Munitions Destruction, Defense, in the amount of 

$1,467,307,000, of which— 

(1) $1,067,364,000 is for Operation and Maintenance; 

(2) $392,811,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $7,132,000 is for Procurement. 


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(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521), as amended by section 1421 of this Act; and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such Act. 

SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, in the amount of $1,160,851,000. 

SEC. 1408. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $317,154,000. 

SEC. 1409. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Defense Health Program, in the amount of 

$30,959,611,000. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2011, 

the National Defense Stockpile Manager may obligate up to 

$41,181,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that are 

environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE. 

Section 3402(b)(5) of the National Defense Authorization Act for 

Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended 

by section 1412(a) of the National Defense Authorization Act for 


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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 CONSOLIDA- TION AND REORGANIZATION.—Section 1412 of the National Defense 

Authorization Act, 1986 (50 U.S.C. 1521) is amended to read as follows: 

‘‘SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS. 

‘‘(a) IN GENERAL.—The Secretary of Defense shall, in accordance 

with the provisions of this section, carry out the destruction of the 

United States’ stockpile of lethal chemical agents and munitions 

that exists on November 8, 1985. 

‘‘(b) DATE FOR COMPLETION.—(1) The destruction of such stockpile shall be completed by the stockpile elimination deadline. 

‘‘(2) If the Secretary of Defense determines at any time that there 

will be a delay in meeting the requirement in paragraph (1) for the 

completion of the destruction of chemical weapons by the stockpile 

elimination deadline, the Secretary shall immediately notify the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives of that projected 

delay. 

‘‘(3) For purposes of this section, the term ‘stockpile elimination 

deadline’ means the deadline established by the Chemical Weapons 

Convention, but not later than December 31, 2017. 

‘‘(c) INITIATION OF DEMILITARIZATION OPERATIONS.—The Secretary of Defense may not initiate destruction of the chemical munitions stockpile stored at a site until the following support measures are in place: 

‘‘(1) Support measures that are required by Department of 

Defense and Army chemical surety and security program regulations. 

‘‘(2) Support measures that are required by the general and 

site chemical munitions demilitarization plans specific to that 

installation. 

‘‘(3) Support measures that are required by the permits required by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical 

munitions demilitarization operations at that installation, as 

approved by the appropriate State regulatory agencies. 

‘‘(d) ENVIRONMENTAL PROTECTION AND USE OF FACILITIES.—(1) In 

carrying out the requirement of subsection (a), the Secretary of Defense shall provide for— 

‘‘(A) maximum protection for the environment, the general 

public, and the personnel who are involved in the destruction 

of the lethal chemical agents and munitions referred to in subsection (a), including but not limited to the use of technologies 

and procedures that will minimize risk to the public at each 

site; and 


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‘‘(B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions. 

‘‘(2) Facilities constructed to carry out this section shall, when no 

longer needed for the purposes for which they were constructed, be 

disposed of in accordance with applicable laws and regulations and 

mutual agreements between the Secretary of the Army and the 

Governor of the State in which the facility is located. 

‘‘(3)(A) Facilities constructed to carry out this section may not be 

used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 

1985. 

‘‘(B) The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal 

chemical agents, munitions, or related materials after November 8, 

1985, if the State in which a destruction facility is located issues 

the appropriate permit or permits for the destruction of such items 

at the facility. 

‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.—(1)(A) In order to 

carry out subsection (d)(1)(A), the Secretary of Defense may make 

grants to State and local governments and to tribal organizations 

(either directly or through the Federal Emergency Management 

Agency) to assist those governments and tribal organizations in 

carrying out functions relating to emergency preparedness and response in connection with the disposal of the lethal chemical agents 

and munitions referred to in subsection (a). Funds available to the 

Department of Defense for the purpose of carrying out this section 

may be used for such grants. 

‘‘(B) Additionally, the Secretary may provide funds through cooperative agreements with State and local governments, and with 

tribal organizations, for the purpose of assisting them in processing, approving, and overseeing permits and licenses necessary 

for the construction and operation of facilities to carry out this section. The Secretary shall ensure that funds provided through such 

a cooperative agreement are used only for the purpose set forth in 

the preceding sentence. 

‘‘(C) In this paragraph, the term ‘tribal organization’ has the 

meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). 

‘‘(2)(A) In coordination with the Secretary of the Army and in accordance with agreements between the Secretary of the Army and 

the Administrator of the Federal Emergency Management Agency, 

the Administrator shall carry out a program to provide assistance 

to State and local governments in developing capabilities to respond to emergencies involving risks to the public health or safety 

within their jurisdictions that are identified by the Secretary as 

being risks resulting from— 

‘‘(i) the storage of lethal chemical agents and munitions referred to in subsection (a) at military installations in the continental United States; or 

‘‘(ii) the destruction of such agents and munitions at facilities 

referred to in subsection (d)(1)(B). 

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ity as described in subparagraph (A) until the earlier of the following: 

‘‘(i) The date of the completion of all grants and cooperative 

agreements with respect to the installation or facility for purposes of this paragraph between the Federal Emergency Management Agency and the State and local governments concerned. 

‘‘(ii) The date that is 180 days after the date of the completion of the destruction of lethal chemical agents and munitions 

at the installation or facility. 

‘‘(C) Not later than December 15 of each year, the Administrator 

shall transmit a report to Congress on the activities carried out 

under this paragraph during the fiscal year preceding the fiscal 

year in which the report is submitted. 

‘‘(f) REQUIREMENT FOR STRATEGIC PLAN.—(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics and the 

Secretary of the Army shall jointly prepare, and from time to time 

shall update as appropriate, a strategic plan for future activities for 

destruction of the United States’ stockpile of lethal chemical agents 

and munitions. 

‘‘(2) The plan shall include, at a minimum, the following considerations: 

‘‘(A) Realistic budgeting for stockpile destruction and related 

support programs. 

‘‘(B) Contingency planning for foreseeable or anticipated 

problems. 

‘‘(C) A management approach and associated actions that address compliance with the obligations of the United States 

under the Chemical Weapons Convention and that take full advantage of opportunities to accelerate destruction of the stockpile. 

‘‘(3) The Secretary of Defense shall each year submit to the Committee on the Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives the strategic plan 

as most recently prepared and updated under paragraph (1). Such 

submission shall be made each year at the time of the submission 

to the Congress that year of the President’s budget for the next fiscal year. 

‘‘(g) MANAGEMENT ORGANIZATION.—(1) In carrying out this section, the Secretary of Defense shall provide for a management organization within the Department of the Army. The Secretary of the 

Army shall be responsible for management of the destruction of 

agents and munitions at all sites except Blue Grass Army Depot, 

Kentucky, and Pueblo Chemical Depot, Colorado 

‘‘(2) The program manager for the Assembled Chemical Weapons 

Alternative Program shall be responsible for management of the 

construction, operation, and closure, and any contracting relating 

thereto, of chemical demilitarization activities at Blue Grass Army 

Depot, Kentucky, and Pueblo Army Depot, Colorado, including 

management of the pilot-scale facility phase of the alternative technology selected for the destruction of lethal chemical munitions. In 

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tarization and shall report to the Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

‘‘(3) The Secretary of Defense shall designate a general officer or 

civilian equivalent as the director of the management organization 

established under paragraph (1). Such officer shall have— 

‘‘(A) experience in the acquisition, storage, and destruction of 

chemical agents and munitions; and 

‘‘(B) outstanding qualifications regarding safety in handling 

chemical agents and munitions. 

‘‘(h) IDENTIFICATION OF FUNDS.—(1) Funds for carrying out this 

section, including funds for military construction projects necessary 

to carry out this section, shall be set forth in the budget of the Department of Defense for any fiscal year as a separate account. Such 

funds shall not be included in the budget accounts for any military 

department. 

‘‘(2) Amounts appropriated to the Secretary of Defense for the 

purpose of carrying out subsection (e) shall be promptly made 

available to the Administrator of the Federal Emergency Management Agency. 

‘‘(i) ANNUAL REPORTS.—(1) Except as provided by paragraph (3), 

the Secretary of Defense shall transmit, by December 15 each year, 

a report to Congress on the activities carried out under this section 

during the fiscal year ending on September 30 of the calendar year 

in which the report is to be made. 

‘‘(2) Each annual report shall include the following: 

‘‘(A) A site-by-site description of the construction, equipment, 

operation, and dismantling of facilities (during the fiscal year 

for which the report is made) used to carry out the destruction 

of agents and munitions under this section, including any accidents or other unplanned occurrences associated with such construction and operation. 

‘‘(B) A site-by-site description of actions taken to assist State 

and local governments (either directly or through the Federal 

Emergency Management Agency) in carrying out functions relating to emergency preparedness and response in accordance 

with subsection (e). 

‘‘(C) An accounting of all funds expended (during such fiscal 

year) for activities carried out under this section, with a separate accounting for amounts expended for— 

‘‘(i) the construction of and equipment for facilities used 

for the destruction of agents and munitions; 

‘‘(ii) the operation of such facilities; 

‘‘(iii) the dismantling or other closure of such facilities; 

‘‘(iv) research and development; 

‘‘(v) program management; 

‘‘(vi) travel and associated travel costs for Citizens’ Advisory Commissioners under subsection (m)(7); and 

‘‘(vii) grants to State and local governments to assist 

those governments in carrying out functions relating to 

emergency preparedness and response in accordance with 

subsection (e). 

‘‘(D) An assessment of the safety status and the integrity of 

the stockpile of lethal chemical agents and munitions subject 

to this section, including— 


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‘‘(i) an estimate on how much longer that stockpile can 

continue to be stored safely; 

‘‘(ii) a site-by-site assessment of the safety of those 

agents and munitions; and 

‘‘(iii) a description of the steps taken (to the date of the 

report) to monitor the safety status of the stockpile and to 

mitigate any further deterioration of that status. 

‘‘(3) The Secretary shall transmit the final report under paragraph (1) not later than 120 days following the completion of activities under this section. 

‘‘(j) SEMIANNUAL REPORTS.—(1) Not later than March 1 and September 1 each year until the year in which the United States completes the destruction of its entire stockpile of chemical weapons 

under the terms of the Chemical Weapons Convention, the Secretary of Defense shall submit to the members and committees of 

Congress referred to in paragraph (3) a report on the implementation by the United States of its chemical weapons destruction obligations under the Chemical Weapons Convention. 

‘‘(2) Each report under paragraph (1) shall include the following: 

‘‘(A) The anticipated schedule at the time of such report for 

the completion of destruction of chemical agents, munitions, 

and materiel at each chemical weapons demilitarization facility 

in the United States. 

‘‘(B) A description of the options and alternatives for accelerating the completion of chemical weapons destruction at each 

such facility, particularly in time to meet the stockpile elimination deadline. 

‘‘(C) A description of the funding required to achieve each of 

the options for destruction described under subparagraph (B), 

and a detailed life-cycle cost estimate for each of the affected 

facilities included in each such funding profile. 

‘‘(D) A description of all actions being taken by the United 

States to accelerate the destruction of its entire stockpile of 

chemical weapons, agents, and materiel in order to meet the 

current stockpile elimination deadline under the Chemical 

Weapons Convention of April 29, 2012, or as soon thereafter as 

possible. 

‘‘(3) The members and committees of Congress referred to in this 

paragraph are— 

‘‘(A) the majority leader and the minority leader of the Senate and the Committee on Armed Services and the Committee 

on Appropriations of the Senate; and 

‘‘(B) the Speaker of the House of Representatives, the majority leader and the minority leader of the House of Representatives, and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. 

‘‘(k) AUTHORIZED USE OF TOXIC CHEMICALS.—Consistent with 

United States obligations under the Chemical Weapons Convention, the Secretary of Defense may develop, produce, otherwise acquire, retain, transfer, and use toxic chemicals and their precursors 

for purposes not prohibited by the Chemical Weapons Convention 

if the types and quantities of such chemicals and precursors are 

consistent with such purposes, including for protective purposes 


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such as protection against toxic chemicals and protection against 

chemical weapons. 

‘‘(l) SURVEILLANCE AND ASSESSMENT PROGRAM.—The Secretary of 

Defense shall conduct an ongoing comprehensive program of— 

‘‘(1) surveillance of the existing United States stockpile of 

chemical weapons; and 

‘‘(2) assessment of the condition of the stockpile. 

‘‘(m) CHEMICAL DEMILITARIZATION CITIZENS’ ADVISORY COMMISSIONS.—(1)(A) The Secretary of the Army shall establish a citizens’ 

commission for each State in which there is a chemical demilitarization facility under Army management. 

‘‘(B) The Assistant Secretary of Defense for Nuclear, Chemical, 

and Biological Defense Programs shall establish a chemical demilitarization citizens’ commission in Colorado and in Kentucky. 

‘‘(C) Each commission under this subsection shall be known as 

the ‘Chemical Demilitarization Citizens’ Advisory Commission’ for 

the State concerned. 

‘‘(2)(A) The Secretary of the Army, or the Department of Defense 

with respect to Colorado and Kentucky, shall provide for a representative to meet with each commission established under this 

subsection to receive citizen and State concerns regarding the ongoing program for the disposal of the lethal chemical agents and munitions in the stockpile referred to in subsection (a) at each of the 

sites with respect to which a commission is established pursuant 

to paragraph (1). 

‘‘(B) The Secretary of the Army shall provide for a representative 

from the Office of the Assistant Secretary of the Army (Acquisition, 

Logistics, and Technology) to meet with each commission under 

Army management. 

‘‘(C) The Department of Defense shall provide for a representative from the Office of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs to meet with the 

commissions in Colorado and Kentucky. 

‘‘(3)(A) Each commission under this subsection shall be composed 

of nine members appointed by the Governor of the State. Seven of 

such members shall be citizens from the local affected areas in the 

State. The other two shall be representatives of State government 

who have direct responsibilities related to the chemical demilitarization program. 

‘‘(B) For purposes of this paragraph, affected areas are those 

areas located within a 50-mile radius of a chemical weapons storage site. 

‘‘(4) For a period of five years after the termination of any commission under this subsection, no corporation, partnership, or other 

organization in which a member of that commission, a spouse of a 

member of that commission, or a natural or adopted child of a 

member of that commission has an ownership interest may be 

awarded— 

‘‘(A) a contract related to the disposal of lethal chemical 

agents or munitions in the stockpile referred to in subsection 

(a); or 

‘‘(B) a subcontract under such a contract. 


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‘‘(5) The members of each commission under this subsection shall 

designate the chair of such commission from among the members 

of such commission. 

‘‘(6) Each commission under this subsection shall meet with a 

representative from the Army, or the Office of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense 

Programs with respect to the commissions in Colorado and Kentucky, upon joint agreement between the chair of such commission 

and that representative. The two parties shall meet not less often 

than twice a year and may meet more often at their discretion. 

‘‘(7) Members of each commission under this subsection shall receive no pay for their involvement in the activities of their commissions. Funds appropriated for the Chemical Stockpile Demilitarization Program may be used for travel and associated travel costs for 

commissioners of commissions under this subsection when such 

travel is conducted at the invitation of the Assistant Secretary of 

the Army (Acquisition, Logistics, and Technology) or the invitation 

of the Assistant Secretary of Defense for Nuclear, Chemical, and 

Biological Defense Programs for the commissions in Colorado and 

Kentucky. 

‘‘(8) Each commission under this subsection shall be terminated 

after the closure activities required pursuant to regulations prescribed by the Administrator of the Environmental Protection 

Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 

et seq.) have been completed for the chemical agent destruction facility in such commission’s State, or upon the request of the Governor of such commission’s State, whichever occurs first. 

‘‘(n) INCENTIVE CLAUSES IN CHEMICAL DEMILITARIZATION CON- TRACTS.—(1)(A) The Secretary of Defense may, for the purpose 

specified in paragraph (B), authorize the inclusion of an incentives 

clause in any contract for the destruction of the United States 

stockpile of lethal chemical agents and munitions carried out pursuant to subsection (a). 

‘‘(B) The purpose of a clause referred to in subparagraph (A) is 

to provide the contractor for a chemical demilitarization facility an 

incentive to accelerate the safe elimination of the United States 

chemical weapons stockpile and to reduce the total cost of the 

Chemical Demilitarization Program by providing incentive payments for the early completion of destruction operations and the 

closure of such facility. 

‘‘(2)(A) An incentives clause under this subsection shall permit 

the contractor for the chemical demilitarization facility concerned 

the opportunity to earn incentive payments for the completion of 

destruction operations and facility closure activities within target 

incentive ranges specified in such clause. 

‘‘(B) The maximum incentive payment under an incentives clause 

with respect to a chemical demilitarization facility may not exceed 

the following amounts: 

‘‘(i) In the case of an incentive payment for the completion 

of destruction operations within the target incentive range 

specified in such clause, $110,000,000. 

‘‘(ii) In the case of an incentive payment for the completion 

of facility closure activities within the target incentive range 

specified in such clause, $55,000,000. 


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‘‘(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 


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‘‘(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 


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be treated as amounts authorized and appropriated for the Department of Defense specifically for such transfer. 

(b) USE OF TRANSFERRED FUNDS.—For purposes of subsection (b) 

of such section 1704, facility operations for which funds transferred 

under subsection (a) may be used are operations of the Captain 

James A. Lovell Federal Health Care Center, consisting of the 

North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement pursuant to section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

455). 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. National Guard and Reserve equipment. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Military personnel. 

Sec. 1512. Working capital funds. 

Sec. 1513. Defense Health Program. 

Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1515. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1532. Limitations on availability of funds in Iraq Security Forces Fund. 

Sec. 1533. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1534. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1535. Task Force for Business and Stability Operations in Afghanistan and 

economic transition plan and economic strategy for Afghanistan. 

Subtitle A—Authorization of Additional Appropriations 

SEC. 1501. PURPOSE. 

The purpose of this subtitle is to authorize appropriations for the 

Department of Defense for fiscal year 2011 to provide additional 

funds for overseas contingency operations being carried out by the 

Armed Forces. 

SEC. 1502. ARMY PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement accounts of the Army in amounts as follows: 

(1) For aircraft procurement, $1,373,803,000. 

(2) For missile procurement, $343,828,000. 


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(3) For weapons and tracked combat vehicles procurement, $687,500,000. 

(4) For ammunition procurement, $384,441,000. 

(5) For other procurement, $5,827,274,000. 

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the Joint Improvised Explosive Device Defeat Fund in the 

amount of $3,465,868,000. 

SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement accounts of the Navy and Marine Corps in 

amounts as follows: 

(1) For aircraft procurement, Navy, $420,358,000. 

(2) For weapons procurement, Navy, $93,425,000. 

(3) For ammunition procurement, Navy and Marine Corps, $565,084,000. 

(4) For other procurement, Navy, $480,735,000. 

(5) For procurement, Marine Corps, $1,705,069,000. 

SEC. 1505. AIR FORCE PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement accounts of the Air Force in amounts as follows: 

(1) For aircraft procurement, $1,096,520,000. 

(2) For ammunition procurement, $292,959,000. 

(3) For missile procurement, $56,621,000. 

(4) For other procurement, $2,992,681,000. 

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the procurement account for Defense-wide activities in the 

amount of $844,546,000. 

SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the procurement of aircraft, missiles, wheeled and tracked 

combat vehicles, tactical wheeled vehicles, ammunition, other 

weapons, and other procurement for the reserve components of the 

Armed Forces in the amount of $700,000,000. 

SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the Mine Resistant Ambush Protected Vehicle Fund in the 

amount of $3,415,000,000. 

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $150,906,000. 

(2) For the Navy, $60,401,000. 

(3) For the Air Force, $266,241,000. 

(4) For Defense-wide activities, $661,240,000. 

SEC. 1510. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 


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(1) For the Army, $63,202,618,000. 

(2) For the Navy, $8,692,173,000. 

(3) For the Marine Corps, $4,136,522,000. 

(4) For the Air Force, $13,487,283,000 

(5) For Defense-wide activities, $9,436,358,000. 

(6) For the Army Reserve, $286,950,000. 

(7) For the Navy Reserve, $93,559,000. 

(8) For the Marine Corps Reserve, $29,685,000. 

(9) For the Air Force Reserve, $129,607,000. 

(10) For the Army National Guard, $544,349,000. 

(11) For the Air National Guard, $350,823,000. 

(12) For the Afghanistan Security Forces Fund, $11,619,283,000. 

(13) For the Iraq Security Forces Fund, $1,500,000,000. 

(14) For the Overseas Contingency Operations Transfer Fund, $506,781,000. 

SEC. 1511. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the Department of Defense for military personnel in the 

amount of $15,275,502,000. 

SEC. 1512. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds in the amount of $485,384,000. 

SEC. 1513. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Defense Health Program in the amount of 

$1,398,092,000 for operation and maintenance. 

SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide in the amount of $457,110,000. 

SEC. 1515. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense in the amount of $10,529,000. 

Subtitle B—Financial Matters 

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are in 

addition to amounts otherwise authorized to be appropriated by 

this Act. 

SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the 

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able to the Department of Defense in this title for fiscal year 

2011 between any such authorizations for that fiscal year (or 

any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that the 

Secretary may transfer under the authority of this subsection 

may not exceed $4,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided by 

this section is in addition to the transfer authority provided under 

section 1001. 

Subtitle C—Limitations and Other Matters 

SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY FORCES FUND. 

(a) APPLICATION OF EXISTING LIMITATIONS.—Funds made available to the Department of Defense for the Afghanistan Security 

Forces Fund for fiscal year 2011 shall be subject to the conditions 

contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 122 Stat. 428), as amended by subsection (b) of this section. 

(b) MODIFICATION OF PRIOR NOTICE AND REPORTING REQUIREMENTS.—Section 1513 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428) is amended— 

(1) in subsection (e), by striking ‘‘five days’’ and inserting ‘‘15 

days’’; and 

(2) in subsection (g), by adding at the end the following new 

sentence: ‘‘The Secretary may treat a report submitted under 

section 9010 of the Department of Defense Appropriations Act, 

2010 (Public Law 111–118; 123 Stat. 3466), or a successor provision of law, with respect to a fiscal-year quarter as satisfying 

the requirements for a report under this subsection for that fiscal-year quarter.’’. 

SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN IRAQ SECURITY FORCES FUND. 

(a) APPLICATION OF EXISTING LIMITATIONS.—Subject to subsection (b), funds made available to the Department of Defense for 

the Iraq Security Forces Fund for fiscal year 2011 shall be subject 

to the conditions contained in subsections (b) through (g) of section 

1512 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 426), as amended by subsection (d) of this section. 

(b) COST-SHARE REQUIREMENT.— 

(1) REQUIREMENT.—If funds made available to the Department of Defense for the Iraq Security Forces Fund for fiscal 

year 2011 are used for the purchase of any item or service for 

Iraq Security Forces, the funds may not cover more than 80 

percent of the cost of the item or service. 


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(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 COM- MITMENT BY GOVERNMENT OF IRAQ.— (1) LIMITATION.—Of the amount available to the Iraq Security Forces Fund as described in subsection (a), not more than 

$1,000,000,000 may be obligated until the Secretary of Defense 

certifies to Congress that the Government of Iraq has demonstrated a commitment to each of the following: 

(A) To adequately build the logistics and maintenance 

capacity of the Iraqi security forces. 

(B) To develop the institutional capacity to manage such 

forces independently. 

(C) To develop a culture of sustainment for equipment 

provided by the United States or acquired with United 

States assistance. 

(2) BASIS FOR CERTIFICATION.—The certification of the Secretary under paragraph (1) shall include a description of the 

actions taken by the Government of Iraq that, in the determination of the Secretary, support the certification. 

(d) MODIFICATION OF PRIOR NOTICE AND REPORTING REQUIRE- MENTS.—Section 1512 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 426) is amended— 

(1) in subsection (e), by striking ‘‘five days’’ and inserting ‘‘15 

days’’; and 

(2) in subsection (g), by adding at the end the following new 

sentence: ‘‘The Secretary may treat a report submitted under 

section 9010 of the Department of Defense Appropriations Act, 

2010 (Public Law 111–118; 123 Stat. 3466), or a successor provision of law, with respect to a fiscal-year quarter as satisfying 

the requirements for a report under this subsection for that fiscal-year quarter.’’. 

SEC. 1533. CONTINUATION OF PROHIBITION ON USE OF UNITED 

STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN IRAQ. 

Section 1508(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

4651) shall apply to funds authorized to be appropriated by this 

title. 

SEC. 1534. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in 

effect before the amendments made by section 1503 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4649), shall apply to the funds 

made available to the Department of Defense for the Joint Improvised Explosive Device Defeat Fund for fiscal year 2011. 


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(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 OPER- ATIONS IN AFGHANISTAN.— (1) IN GENERAL.—The Task Force for Business and Stability 

Operations in Afghanistan may carry out projects to assist the 

commander of United States Forces-Afghanistan and the Ambassador of the United States Mission in Afghanistan to reduce 

violence, enhance stability, and support economic normalcy in 

Afghanistan through strategic business and economic activities. 

(2) DIRECTION, CONTROL, AND CONCURRENCE.—A project carried out under paragraph (1) shall be subject to— 

(A) the direction and control of the Secretary of Defense; 

and 

(B) the concurrence of the Secretary of State. 

(3) SCOPE OF PROJECTS.—The projects carried out under 

paragraph (1) may include projects that facilitate private investment, industrial development, banking and financial system development, agricultural diversification and revitalization, and energy development in and with respect to Afghanistan. 

(4) FUNDING.—The Secretary may use funds available for 

overseas contingency operations for operation and maintenance 

for the Army for additional activities to carry out projects 

under paragraph (1). The amount of funds used under authority in the preceding sentence may not exceed $150,000,000. 

(5) PROHIBITION ON USE OF CERTAIN FUNDS.—Funds provided 

for the Commanders’ Emergency Response Program may not 

be utilized to support or carry out projects of the Task Force 

for Business and Stability Operations. 

(6) REPORT.—Not later than October 31, 2011, the Secretary 

of Defense shall submit to the appropriate congressional committees a report describing— 

(A) the activities of the Task Force for Business and Stability Operations in Afghanistan in support of Operation 

Enduring Freedom during fiscal year 2011, including the 

projects carried out under paragraph (1) during that fiscal 

year; and 

(B) how the activities of the Task Force for Business and 

Stability Operations in Afghanistan support the long-term 

stabilization of Afghanistan. 


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(7) EXPIRATION OF AUTHORITY.—The authority provided in 

paragraph (1) shall expire on September 30, 2011. 

(b) PLAN FOR TRANSITION OF TASK FORCE ACTIVITIES TO AGENCY

FOR INTERNATIONAL DEVELOPMENT.— 

(1) PLAN REQUIRED.—The Secretary of Defense, the Administrator of the Agency for International Development, and the 

Secretary of State shall jointly develop a plan to transition the 

activities of the Task Force for Business and Stability Operations in Afghanistan to the Department of State. 

(2) ELEMENTS OF PLAN.—The plan shall describe at a minimum the following: 

(A) The activities carried out by the Task Force for Business and Stability Operations in Afghanistan in fiscal year 

2011. 

(B) Those activities that the Task Force for Business and 

Stability Operations in Afghanistan carried out in fiscal 

year 2011 that the Agency for International Development 

will continue in fiscal year 2012, including those activities 

that, rather than explicitly continued, may be merged with 

similar efforts carried out by the Agency for International 

Development. 

(C) Any activities carried out by the Task Force for Business and Stability Operations in Afghanistan in fiscal year 

2011 that the Agency for International Development will 

not continue and the reasons that such activities shall not 

be continued. 

(D) Those actions that may be necessary to transition activities carried out by the Task Force for Business and Stability Operations in Afghanistan in fiscal year 2011 and 

that will be continued by the Agency for International Development in fiscal year 2012 from the Department of Defense to the Agency for International Development. 

(3) REPORT REQUIRED.—At the same time that the budget of 

the President is submitted to Congress under section 1105(a) 

of title 31, United States Code, for fiscal year 2012, the Secretary of Defense shall submit the plan to the appropriate congressional committees. 

(c) REPORT ON ECONOMIC STRATEGY FOR AFGHANISTAN.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the President, acting through 

the Secretary of State and the Secretary of Defense, shall submit to the appropriate congressional committees a report on an 

economic strategy for Afghanistan that— 

(A) supports the United States counterinsurgency campaign in Afghanistan; 

(B) promotes economic stabilization in Afghanistan, consistent with a longer-term development plan for Afghanistan; and 

(C) enhances the establishment of sustainable institutions in Afghanistan. 

(2) ELEMENTS.—The report shall include the following: 

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ties 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 shortterm, medium-term, and long-term. 

(C) An assessment of the infrastructure (water, power, 

rail, road) required to underpin economic development in 

Afghanistan. 

(D) A description of the potential role in the economic 

strategy for Afghanistan of each of the following: 

(i) Private sector investment, including investment 

by and through the Overseas Private Investment Corporation. 

(ii) Efforts to promote public-private partnerships. 

(iii) National Priority Programs of the Government 

of Afghanistan, including the Afghanistan National 

Solidarity Program, and public works projects. 

(iv) International financial institutions, including 

the International Bank for Reconstruction and Development and the Asian Development Bank. 

(v) Efforts to promote trade, including efforts by and 

through the Export-Import Bank of the United States. 

(vi) Department of Defense policies to promote economic stabilization and development, including the Afghanistan First procurement policy and efforts by the 

Department to enhance transportation, electrification, 

and communications networks both within Afghanistan and between Afghanistan and neighboring countries. 

(E) An evaluation of the regional dimension of an economic strategy for Afghanistan, including a description of 

economic areas suitable for regional collaboration and a 

prioritization among such areas for attention under the 

strategy. 

(F) A timeline and milestones for activities that can promote economic stabilization, development, and sustainability in Afghanistan in the short-term, medium-term, 

and long-term. 

(G) Metrics for assessing progress under the economic 

strategy for Afghanistan. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committees on Armed Services, Foreign Relations, 

and Appropriations of the Senate; and 

(2) the Committees on Armed Services, Foreign Affairs, and 

Appropriations of the House of Representatives. 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION 

AND RESPONSE IN THE ARMED FORCES 

Sec. 1601. Definition of Department of Defense sexual assault prevention and response program and other definitions. 

Sec. 1602. Comprehensive Department of Defense policy on sexual assault prevention and response program. 


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Subtitle A—Organizational Structure and Application of Sexual Assault Prevention 

and Response Program Elements 

Sec. 1611. Sexual Assault Prevention and Response Office. 

Sec. 1612. Oversight and evaluation standards. 

Sec. 1613. Report and plan for completion of acquisition of centralized Department 

of Defense sexual assault database. 

Sec. 1614. Restricted reporting of sexual assaults. 

Subtitle B—Improved and Expanded Availability of Services 

Sec. 1621. Improved protocols for providing medical care for victims of sexual assault. 

Sec. 1622. Sexual assault victims access to Victim Advocate services. 

Subtitle C—Reporting Requirements 

Sec. 1631. Annual report regarding sexual assaults involving members of the 

Armed Forces and improvement to sexual assault prevention and response program. 

Sec. 1632. Additional reports. 

SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND OTHER 

DEFINITIONS. 

(a) SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM DE- FINED.—In this title, the term ‘‘sexual assault prevention and response program’’ refers to Department of Defense policies and programs, including policies and programs of a specific military department or Armed Force, that, as modified as required by this 

title— 

(1) are intended to reduce the number of sexual assaults involving members of the Armed Forces, whether members are 

the victim, alleged assailant, or both; and 

(2) improve the response of the Department of Defense, the 

military departments, and the Armed Forces to reports of sexual assaults involving members of the Armed Forces, whether 

members are the victim, alleged assailant, or both, and to reports of sexual assaults when a covered beneficiary under 

chapter 55 of title 10, United States Code, is the victim. 

(b) OTHER DEFINITIONS.—In this title: 

(1) The term ‘‘Armed Forces’’ means the Army, Navy, Air 

Force, and Marine Corps. 

(2) The terms ‘‘covered beneficiary’’ and ‘‘dependent’’ have 

the meanings given those terms in section 1072 of title 10, 

United States Code. 

(3) The term ‘‘department’’ has the meaning given that term 

in section 101(a)(6) of title 10, United States Code. 

(4) The term ‘‘military installation’’ has the meaning given 

that term by the Secretary concerned. 

(5) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Army, with respect to matters 

concerning the Army; 

(B) the Secretary of the Navy, with respect to matters 

concerning the Navy and the Marine Corps; and 

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force. 

(6) The term ‘‘sexual assault’’ has the definition developed for 

that term by the Secretary of Defense pursuant to subsection 

(a)(3) of section 577 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 


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10 U.S.C. 113 note), subject to such modifications as the Secretary considers appropriate. 

SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON 

SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. 

(a) COMPREHENSIVE POLICY REQUIRED.—Not later than March 

30, 2012, the Secretary of Defense shall submit to the congressional 

defense committees a revised comprehensive policy for the Department of Defense sexual assault prevention and response program 

that— 

(1) builds upon the comprehensive sexual assault prevention 

and response policy developed under subsections (a) and (b) of 

section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 

U.S.C. 113 note); 

(2) incorporates into the sexual assault prevention and response program the new requirements identified by this title; 

and 

(3) ensures that the policies and procedures of the military 

departments regarding sexual assault prevention and response 

are consistent with the revised comprehensive policy. 

(b) CONSIDERATION OF TASK FORCE FINDINGS, RECOMMENDATIONS, AND PRACTICES.—In developing the comprehensive policy required by subsection (a), the Secretary of Defense shall take into 

account the findings and recommendations found in the report of 

the Defense Task Force on Sexual Assault in the Military Services 

issued in December 2009. 

(c) SEXUAL ASSAULT PREVENTION AND RESPONSE EVALUATION

PLAN.— 

(1) PLAN REQUIRED.—The Secretary of Defense shall develop 

and implement an evaluation plan for assessing the effectiveness of the comprehensive policy prepared under subsection (a) 

in achieving its intended outcomes at the department and individual Armed Force levels. 

(2) ROLE OF SERVICE SECRETARIES.—As a component of the 

evaluation plan, the Secretary of each military department 

shall assess the adequacy of measures undertaken at military 

installations and by units of the Armed Forces under the jurisdiction of the Secretary to ensure the safest and most secure 

living and working environments with regard to preventing 

sexual assault. 

(d) PROGRESS REPORT.—Not later than October 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report— 

(1) describing the process by which the comprehensive policy 

required by subsection (a) is being revised; 

(2) describing the extent to which revisions of the comprehensive policy and the evaluation plan required by subsection (c) have already been implemented; and 

(3) containing a determination by the Secretary regarding 

whether the Secretary will be able to comply with the revision 

deadline specified in subsection (a). 

(e) CONSISTENCY OF TERMINOLOGY, POSITION DESCRIPTIONS, PROGRAM STANDARDS, AND ORGANIZATIONAL STRUCTURES.— 


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(1) IN GENERAL.—The Secretary of Defense shall require the 

use of consistent terminology, position descriptions, minimum 

program standards, and organizational structures throughout 

the Armed Forces in implementing the sexual assault prevention and response program. 

(2) MINIMUM STANDARDS.—The Secretary of Defense shall establish minimum standards for— 

(A) the training, qualifications, and status of Sexual Assault Response Coordinators and Sexual Assault Victim 

Advocates for the Armed Forces; and 

(B) the curricula to be used to provide sexual assault 

prevention and response training and education for members of the Armed Forces and civilian employees of the department to strengthen individual knowledge, skills, and 

capacity to prevent and respond to sexual assault. 

(3) RECOGNIZING OPERATIONAL DIFFERENCES.—In complying 

with this subsection, the Secretary of Defense shall take into 

account the responsibilities of the Secretary concerned and 

operational needs of the Armed Force involved. 

Subtitle A—Organizational Structure and Application of 

Sexual Assault Prevention and Response Program Elements 

SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE. 

(a) APPOINTMENT OF DIRECTOR.—There shall be a Director of the 

Sexual Assault Prevention and Response Office. During the development and implementation of the comprehensive policy for the 

Department of Defense sexual assault prevention and response program, the Director shall operate under the oversight of the Advisory Working Group of the Deputy Secretary of Defense. 

(b) DUTIES OF DIRECTOR.—The Director of the Sexual Assault 

Prevention and Response Office shall— 

(1) oversee implementation of the comprehensive policy for 

the Department of Defense sexual assault prevention and response program; 

(2) serve as the single point of authority, accountability, and 

oversight for the sexual assault prevention and response program; and 

(3) provide oversight to ensure that the military departments 

comply with the sexual assault prevention and response program. 

(c) ROLE OF INSPECTORS GENERAL.— 

(1) IN GENERAL.—The Inspector General of the Department 

of Defense, the Inspector General of the Army, the Naval Inspector General, and the Inspector General of the Air Force 

shall treat the sexual assault prevention and response program 

as an item of special interest when conducting inspections of 

organizations and activities with responsibilities regarding the 

prevention and response to sexual assault. 

(2) COMPOSITION OF INVESTIGATION TEAMS.—The Inspector 

General inspection teams shall include at least one member 

with expertise and knowledge of sexual assault prevention and 

response policies related to a specific Armed Force. 

(d) STAFF.— 


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(1) ASSIGNMENT.—Not later than 18 months after the date of 

the enactment of this Act, an officer from each of the Armed 

Forces in the grade of O–4 or above shall be assigned to the 

Sexual Assault Prevention and Response Office for a minimum 

tour length of at least 18 months. 

(2) HIGHER GRADE.—Notwithstanding paragraph (1), of the 

four officers assigned to the Sexual Assault Prevention and Response Office under this subsection at any time, one officer 

shall be in the grade of O–6 or above. 

SEC. 1612. OVERSIGHT AND EVALUATION STANDARDS. 

(a) ISSUANCE OF STANDARDS.—The Secretary of Defense shall 

issue standards to assess and evaluate the effectiveness of the sexual assault prevention and response program of each Armed Force 

in reducing the number of sexual assaults involving members of 

the Armed Forces and in improving the response of the department 

to reports of sexual assaults involving members of the Armed 

Forces, whether members of the Armed Forces are the victim, alleged assailant, or both. 

(b) SEXUAL ASSAULT PREVENTION EVALUATION PLAN.—The Secretary of Defense shall use the sexual assault prevention and response evaluation plan developed under section 1602(c) to ensure 

that the Armed Forces implement and comply with assessment and 

evaluation standards issued under subsection (a). 

SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF 

CENTRALIZED DEPARTMENT OF DEFENSE SEXUAL ASSAULT 

DATABASE. 

(a) REPORT AND PLAN REQUIRED.—Not later than April 1, 2011, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report— 

(1) describing the status of development and implementation 

of the centralized Department of Defense sexual assault database required by section 563 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 

110–417; 122 Stat. 4470; 10 U.S.C. 113 note); 

(2) containing a revised implementation plan under subsection (c) of such section for completing implementation of the 

database; and 

(3) indicating the date by which the database will be operational. 

(b) CONTENT OF IMPLEMENTATION PLAN.—The plan referred to in 

subsection (a)(2) shall address acquisition best practices associated 

with successfully acquiring and deploying information technology 

systems related to the centralized sexual assault database, such as 

economically justifying the proposed system solution and effectively 

developing and managing requirements. 

SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS. 

The Secretary of Defense shall clarify the limitations on the ability of a member of the Armed Forces to make a restricted report 

regarding the occurrence of a sexual assault and the circumstances 

under which information contained in a restricted report may no 

longer be confidential. 


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Subtitle B—Improved and Expanded Availability of Services 

SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE 

FOR VICTIMS OF SEXUAL ASSAULT. 

The Secretary of Defense shall establish comprehensive and consistent protocols for providing and documenting medical care to a 

member of the Armed Forces or covered beneficiary who is a victim 

of a sexual assault, including protocols with respect to the appropriate screening, prevention, and mitigation of diseases. In establishing the protocols, the Secretary shall take into consideration 

the gender of the victim. 

SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE 

SERVICES. 

(a) AVAILABILITY OF VICTIM ADVOCATE SERVICES.— 

(1) AVAILABILITY.—A member of the Armed Forces or a dependent, as described in paragraph (2), who is the victim of a 

sexual assault is entitled to assistance provided by a qualified 

Sexual Assault Victim Advocate. 

(2) COVERED DEPENDENTS.—The assistance described in 

paragraph (1) is available to a dependent of a member of the 

Armed Forces who is the victim of a sexual assault and who 

resides on or in the vicinity of a military installation. The Secretary concerned shall define the term ‘‘vicinity’’ for purposes 

of this paragraph. 

(b) NOTICE OF AVAILABILITY OF ASSISTANCE; OPT OUT.—The 

member or dependent shall be informed of the availability of assistance under subsection (a) as soon as the member or dependent 

seeks assistance from a Sexual Assault Response Coordinator. The 

victim shall also be informed that the services of a Sexual Assault 

Response Coordinator and Sexual Assault Victim Advocate are optional and that these services may be declined, in whole or in part, 

at any time. 

(c) NATURE OF REPORTING IMMATERIAL.—In the case of a member 

of the Armed Forces, Victim Advocate services are available regardless of whether the member elects unrestricted or restricted (confidential) reporting of the sexual assault. 

Subtitle C—Reporting Requirements 

SEC. 1631. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES AND IMPROVEMENT TO 

SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. 

(a) ANNUAL REPORTS ON SEXUAL ASSAULTS.—Not later than 

March 1, 2012, and each March 1 thereafter through March 1, 

2017, the Secretary of each military department shall submit to the 

Secretary of Defense a report on the sexual assaults involving 

members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of 

the Navy, separate reports shall be prepared for the Navy and for 

the Marine Corps. 

(b) CONTENTS.—The report of a Secretary of a military department for an Armed Force under subsection (a) shall contain the following: 

(1) The number of sexual assaults committed against members of the Armed Force that were reported to military officials 


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during the year covered by the report, and the number of the 

cases so reported that were substantiated. 

(2) The number of sexual assaults committed by members of 

the Armed Force that were reported to military officials during 

the year covered by the report, and the number of the cases so 

reported that were substantiated. The information required by 

this paragraph may not be combined with the information required by paragraph (1). 

(3) A synopsis of each such substantiated case, organized by 

offense, and, for each such case, the action taken in the case, 

including the type of disciplinary or administrative sanction 

imposed, if any, including courts-martial sentences, non-judicial punishments administered by commanding officers pursuant to section 815 of title 10, United States Code (article 15 of 

the Uniform Code of Military Justice), and administrative separations. 

(4) The policies, procedures, and processes implemented by 

the Secretary concerned during the year covered by the report 

in response to incidents of sexual assault involving members of 

the Armed Force concerned. 

(5) The number of substantiated sexual assault cases in 

which the victim is a deployed member of the Armed Forces 

and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned 

to monitor the investigative processes and disposition of such 

cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases. 

(6) A description of the implementation of the accessibility 

plan implemented pursuant to section 596(b) of such Act, including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to 

provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment. 

(c) CONSISTENT DEFINITION OF SUBSTANTIATED.—Not later than 

December 31, 2011, the Secretary of Defense shall establish a consistent definition of ‘‘substantiated’’ for purposes of paragraphs (1), 

(2), (3), and (5) of subsection (b) and provide synopses for those 

cases for the preparation of reports under this section. 

(d) SUBMISSION TO CONGRESS.—Not later than April 30 of each 

year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to 

the Committees on Armed Services of the Senate and House of 

Representatives, together with— 

(1) the results of assessments conducted under the evaluation plan required by section 1602(c); and 

(2) such assessments on the reports as the Secretary of Defense considers appropriate. 

(e) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.— 

(1) REPEAL.—Subsection (f) of section 577 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 10 U.S.C. 113 note) is repealed. 


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(2) SUBMISSION OF 2010 REPORT.—The reports required by 

subsection (f) of section 577 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375; 10 U.S.C. 113 note) covering calendar year 2010 are 

still required to be submitted to the Secretary of Defense and 

the Committees on Armed Services of the Senate and House of 

Representatives pursuant to the terms of such subsection, as 

in effect before the date of the enactment of this Act. 

SEC. 1632. ADDITIONAL REPORTS. 

(a) EXTENSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE

SERVICES TO ADDITIONAL PERSONS.—The Secretary of Defense shall 

evaluate the feasibility of extending department sexual assault prevention and response services to Department of Defense civilian 

employees and employees of defense contractors who— 

(1) are victims of a sexual assault; and 

(2) work on or in the vicinity of a military installation or 

with members of the Armed Forces. 

(b) EXTENSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE

PROGRAM TO RESERVE COMPONENTS.—The Secretary of Defense 

shall evaluate the application of the sexual assault prevention and 

response program to members of the reserve components, including, at a minimum, the following: 

(1) The ability of members of the reserve components to access the services available under the sexual assault prevention 

and response program, including policies and programs of a 

specific military department or Armed Force. 

(2) The quality of training provided to Sexual Assault Response Coordinators and Sexual Assault Victim Advocates in 

the reserve components. 

(3) The degree to which the services available for regular and 

reserve members under the sexual assault prevention and response program are integrated. 

(4) Such recommendations as the Secretary of Defense considers appropriate on how to improve the services available for 

reserve members under the sexual assault prevention and response program and their access to the services. 

(c) COPY OF RECORD OF COURT-MARTIAL TO VICTIM OF SEXUAL

ASSAULT.—The Secretary of Defense shall evaluate the feasibility 

of requiring that a copy of the prepared record of the proceedings 

of a general or special court-martial involving a sexual assault be 

given to the victim in cases in which the victim testified during the 

proceedings. 

(d) ACCESS TO LEGAL ASSISTANCE.—The Secretary of Defense 

shall evaluate the feasibility of authorizing members of the Armed 

Forces who are victims of a sexual assault and dependents of members who are victims of a sexual assault to receive legal assistance 

provided by a military legal assistance counsel certified as competent to provide legal assistance related to responding to sexual 

assault. 

(e) USE OF FORENSIC MEDICAL EXAMINERS.—The Secretary of Defense shall evaluate the feasibility of utilizing, when sexual assaults involving members of the Armed Forces occur in a military 

environment where civilian resources are limited or unavailable, forensic medical examiners who are specially trained regarding the 


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collection and preservation of evidence in cases involving sexual assault. 

(f) SUBMISSION OF RESULTS.—The Secretary of Defense shall submit the results of the evaluations required by this section to the 

Committees on Armed Services of the Senate and House of Representatives. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2011’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in 

titles XXI through XXVII and title XXIX of this division for military construction projects, land acquisition, family housing projects 

and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— 

(1) October 1, 2013; or 

(2) the date of the enactment of an Act authorizing funds for 

military construction for fiscal year 2014. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2013; or 

(2) the date of the enactment of an Act authorizing funds for 

fiscal year 2014 for military construction projects, land acquisition, family housing projects and facilities, and contributions to 

the North Atlantic Treaty Organization Security Investment 

Program. 

SEC. 2003. FUNDING TABLES. 

(a) IN GENERAL.—The amounts authorized to be appropriated by 

sections 2104, 2204, 2304, 2403, 2411, 2502, 2606, 2701, and 2703 

shall be available in the amounts specified in the funding table in 

section 3001. 

(b) OVERSEAS CONTINGENCY OPERATIONS.—The amounts authorized to be appropriated by sections 2901, 2902, and 2903 shall be 

available in the amounts specified in the funding table in section 

3002. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Use of unobligated Army military construction funds in conjunction with 

funds provided by the Commonwealth of Virginia to carry out certain 

fiscal year 2002 project. 


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Sec. 2106. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2010 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects. 

SECTION 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104(1), 

the Secretary of the Army may acquire real property and carry out 

military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama .................................. Fort Rucker .................................................................... $69,650,000 

Alaska ..................................... Fort Greely ..................................................................... $26,000,000 

Fort Richardson ............................................................. $113,238,000 

Fort Wainwright ............................................................. $173,000,000 

California ................................ Presidio Monterey .......................................................... $140,000,000 

Colorado .................................. Fort Carson .................................................................... $106,350,000 

Florida ..................................... Eglin Air Force Base ...................................................... $6,900,000 

Miami-Dade County ....................................................... $41,000,000 

Georgia .................................... Fort Benning .................................................................. $145,400,000 

Fort Gordon .................................................................... $4,150,000 

Fort Stewart ................................................................... $125,250,000 

Hawaii ..................................... Fort Shafter ................................................................... $81,000,000 

Schofield Barracks ........................................................ $212,000,000 

Tripler Army Medical Center .......................................... $28,000,000 

Kansas .................................... Fort Leavenworth ........................................................... $7,100,000

Fort Riley ....................................................................... $57,100,000 

Kentucky .................................. Fort Campbell ................................................................ $143,900,000 

Fort Knox ........................................................................ $18,800,000 

Louisiana ................................ Fort Polk ........................................................................ $63,250,000 

Maryland ................................. Aberdeen Proving Ground .............................................. $14,600,000 

Fort Meade ..................................................................... $32,600,000 

Missouri .................................. Fort Leonard Wood ......................................................... $111,700,000 

New Mexico ............................. White Sands .................................................................. $29,000,000

New York ................................. Fort Drum ...................................................................... $228,800,000 

U.S. Military Academy ................................................... $132,324,000 

North Carolina ........................ Fort Bragg ..................................................................... $310,900,000 

Oklahoma ................................ Fort Sill .......................................................................... $13,800,000 

McAlester Army Ammunition Plant ................................ $3,000,000 

South Carolina ........................ Fort Jackson ................................................................... $91,000,000 

Texas ....................................... Fort Bliss ....................................................................... $149,950,000 

Fort Hood ....................................................................... $145,050,000 

Fort Sam Houston .......................................................... $22,200,000 

Virginia ................................... Fort A.P. Hill .................................................................. $93,600,000 

Fort Eustis ..................................................................... $18,000,000 

Fort Lee .......................................................................... $18,400,000 

Washington ............................. Fort Lewis ...................................................................... $171,800,000 

Yakima Firing Range ..................................................... $3,750,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104(2), 

the Secretary of the Army may acquire real property and carry out 

military construction projects for the installations or locations outVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00329 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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side the United States, and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............................... Bagram ....................................................................... $101,500,000 

Germany ..................................... Ansbach ...................................................................... $31,800,000 

Grafenwoehr ................................................................ $75,500,000 

Rhine Ordnance Barracks .......................................... $35,000,000 

Sembach Air Base ...................................................... $9,100,000 

Wiesbaden Air Base ................................................... $126,500,000 

Honduras .................................... Soto Cano Air Base .................................................... $20,400,000 

Korea .......................................... Camp Walker .............................................................. $19,500,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Alaska ........................................ Fort Wainwright ....................... 110 ........................ $21,000,000 

Germany ..................................... Baumholder .............................. 64 .......................... $34,329,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(5)(A), the 

Secretary of the Army may carry out architectural and engineering 

services and construction design activities with respect to the construction or improvement of family housing units in an amount not 

to exceed $2,040,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2104(5)(A), the Secretary of the Army may improve 

existing military family housing units in an amount not to exceed 

$35,000,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction, land 

acquisition, and military family housing functions of the Department of the Army in the total amount of $4,565,507,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $3,152,562,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $419,300,000. 

(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$23,000,000. 


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(4) For host nation support and architectural and engineering services and construction design under section 2807 of title 

10, United States Code, $249,636,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $92,369,000. 

(B) For support of military family housing (including the 

functions described in section 2833 of title 10, United 

States Code), $518,140,000. 

(6) For the construction of increment 4 of a brigade complex 

operations support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for 

Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 

505), $25,000,000. 

(7) For the construction of increment 4 of a brigade complex 

barracks and community support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 

110–181; 122 Stat. 505), $26,000,000. 

(8) For the construction of increment 2 of the Command and 

Battle Center at Wiesbaden, Germany, authorized by section 

2101(b) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4662), $59,500,000. 

SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION 

FUNDS IN CONJUNCTION WITH FUNDS PROVIDED BY THE COMMONWEALTH OF VIRGINIA TO CARRY OUT CERTAIN FISCAL 

YEAR 2002 PROJECT. 

(a) FIRE STATION AT FORT BELVOIR, VIRGINIA.—Section 2836(d) of 

the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1314), as amended by 

section 2846 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3527) 

and section 2849 of the Military Construction Authorization Act for 

Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 

2486), is further amended— 

(1) in paragraph (2), by inserting ‘‘through a project for construction of an Army standard-design, two-company fire station 

at Fort Belvoir, Virginia,’’ after ‘‘Building 191’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) The Secretary may use up to $3,900,000 of available, unobligated Army military construction funds appropriated for a fiscal 

year before fiscal year 2011, in conjunction with the funds provided 

under paragraph (1), for the project described in paragraph (2).’’. 

(b) CONGRESSIONAL NOTIFICATION.—The Secretary of the Army 

shall provide information, in accordance with section 2851(c) of title 

10, United States Code, regarding the project described in the 

amendment made by subsection (a). If it becomes necessary to exceed the estimated project cost of $8,780,000, including $4,880,000 

contributed by the Commonwealth of Virginia, the Secretary shall 

utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations. 


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SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2009 PROJECT. 

The table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 

122 Stat. 4661) is amended by striking ‘‘Katterbach’’ and inserting 

‘‘Grafenwoehr’’. 

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECT. 

In the case of the authorization contained in the table in section 

2101(a) of the Military Construction Authorization Act for Fiscal 

Year 2010 (division B of Public Law 111–84; 123 Stat. 2628) for 

Fort Riley, Kansas, for construction of a Brigade Complex at the 

installation, the Secretary of the Army may construct up to a 

40,100 square-feet brigade headquarters consistent with the Army’s 

construction guidelines for brigade headquarters. 

SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 2008 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181; 122 Stat. 503), authorizations set forth in the 

table in subsection (b), as provided in section 2101 of that Act (122 

Stat. 504), shall remain in effect until October 1, 2011, or the date 

of the enactment of an Act authorizing funds for military construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or Location Project Amount 

Georgia ....................... Fort Stewart Unit Operations Facilities ............ $16,000,000 

Hawaii ........................ Schofield Barracks Tactical Vehicle Wash Facility ..... $10,200,000 

Barracks Complex-Wheeler 205 ... $51,000,000 

Louisiana ................... Fort Polk Brigade Headquarters .................. $9,800,000 

Child Care Facility ....................... $6,100,000 

Missouri ..................... Fort Leonard Wood Multipurpose Machine Gun Range $4,150,000 

Oklahoma ................... Fort Sill Multipurpose Machine Gun Range $3,300,000 

Washington ................ Fort Lewis Alternative Fuel Facility ............... $3,300,000 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Technical amendment to reflect multi-increment fiscal year 2010 project. 

Sec. 2206. Extension of authorization of certain fiscal year 2008 project. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(1), 

the Secretary of the Navy may acquire real property and carry out 

military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 


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Inside the United States 

State Installation or Location Amount 

Alabama .................................. Mobile ............................................................................ $29,082,000 

Arizona .................................... Marine Corps Air Station, Yuma ................................... $285,060,000 

California ................................ Marine Corps Base, Camp Pendleton ........................... $362,124,000 

Naval Base, Coronado ................................................... $67,160,000 

Marine Corps Air Station, Miramar ............................... $190,610,000 

San Diego ...................................................................... $193,706,000 

Marine Corps Base, Twentynine Palms ......................... $53,158,000 

Florida ..................................... Blount Island Command ............................................... $74,620,000 

Georgia .................................... Naval Submarine Base, Kings Bay ............................... $60,664,000 

Hawaii ..................................... Marine Corps Base, Camp Smith ................................. $29,960,000 

Marine Corps Base, Kaneohe Bay ................................. $109,660,000 

Naval Station, Pearl Harbor .......................................... $108,468,000 

Maryland ................................. Naval Support Facility, Indian Head ............................. $34,328,000 

Naval Air Station, Patuxent River ................................. $42,211,000 

North Carolina ........................ Marine Corps Base, Camp Lejeune ............................... $789,393,000 

Marine Corps Air Station, Cherry Point ......................... $65,510,000 

Rhode Island ........................... Naval Station, Newport ................................................. $27,007,000 

South Carolina ........................ Marine Corps Air Station, Beaufort ............................... $129,410,000 

Virginia ................................... Naval Station, Norfolk ................................................... $12,435,000

Marine Corps Base, Quantico ....................................... $143,632,000 

Washington ............................. Bangor ........................................................................... $56,893,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(2), 

the Secretary of the Navy may acquire real property and carry out 

military construction projects for the installation or location outside 

the United States, and in the amounts, set forth in the following 

table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain .................................... Southwest Asia ............................................................... $213,153,000 

Djibouti .................................... Camp Lemonier ............................................................... $11,148,000 

Guam ....................................... Naval Activities, Guam ................................................... $66,730,000

Japan ....................................... Atsugi Naval Air Facility ................................................. $6,908,000 

Spain ....................................... Naval Station, Rota ........................................................ $23,190,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(5)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

Cuba ................ Guantanamo Bay ..................................................... 71 $37,169,000 


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(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the 

Secretary of the Navy may carry out architectural and engineering 

services and construction design activities with respect to the construction or improvement of family housing units in an amount not 

to exceed $3,255,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may improve 

existing military family housing units in an amount not to exceed 

$146,020,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction, land 

acquisition, and military family housing functions of the Department of the Navy in the total amount of $4,068,963,000, as follows: 

(1) For military construction projects inside the United States authorized by section 2201(a), $2,865,001,000. 

(2) For military construction projects outside the United States authorized by section 2201(b), $321,129,000. 

(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$20,877,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$120,050,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $186,444,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $366,346,000. 

(6) For the construction of increment 7 of a limited area production and storage complex at Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108– 

375; 118 Stat. 2106), $19,116,000. 

(7) For the construction of increment 2 of a ship repair pier 

replacement at Norfolk Naval Shipyard, Virginia, authorized 

by section 2201(a) of the Military Construction Authorization 

Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 

Stat. 2633), $100,000,000. 

(8) For the construction of increment 2 of a wharves improvement at Apra Harbor, Guam, authorized by section 

2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 

2633), $40,000,000. 

(9) For the construction of increment 2 of a tertiary water 

treatment plant at Marine Corps Base Camp Pendleton, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2632), $30,000,000. 


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SEC. 2205. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT 

FISCAL YEAR 2010 PROJECT. 

Section 2204 of the Military Construction Authorization Act for 

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2634) 

is amended— 

(1) in subsection (a), by adding at the end the following new 

paragraph: 

‘‘(14) For the construction of the first increment of a tertiary 

water treatment plant at Marine Corps Base, Camp Pendleton, 

California, authorized by section 2201(a), $112,330,000.’’; and 

(2) in subsection (b), by adding at the end the following new 

paragraph: ‘‘(7) $30,000,000 (the balance of the amount authorized 

under section 2201(a) for North Region Tertiary Treatment 

Plant, Camp Pendleton, California).’’. 

SEC. 2206. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2008 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181; 122 Stat. 503), the authorization set forth in 

the table in subsection (b), as provided in section 2201(c) of that 

Act (122 Stat. 511), shall remain in effect until October 1, 2011, or 

the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2008 Project Authorization 

Location Installation or Location Project Amount 

Worldwide .................. Unspecified .................... Host Nation Infrastructure ............. $2,700,000 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorization of certain fiscal year 2007 project. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(1), 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama ......................................... Maxwell Air Force Base ..................................... $13,400,000 

Alaska ............................................. Eielson Air Force Base ....................................... $28,000,000 

......................................................... Elmendorf Air Force Base .................................. $30,274,000 

Arizona ............................................ Davis-Monthan Air Force Base .......................... $48,500,000 

......................................................... Luke Air Force Base ........................................... $64,410,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

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 Base .................................. $18,140,000 

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 Base ................................. $15,000,000 

Texas ............................................... Dyess Air Force Base ......................................... $4,080,000 

......................................................... Lackland Air Force Base .................................... $127,280,000 

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 

Country Installation or Location Amount 

Afghanistan ............................................... Bagram ........................................................ $42,960,000 

Bahrain ..................................................... SW Asia ....................................................... $45,000,000 

Germany .................................................... Kapaun ........................................................ $19,600,000 

................................................................... Ramstein Air Base ...................................... $22,354,000 

................................................................... Vilseck ......................................................... $12,900,000 

Guam ......................................................... Andersen Air Force Base ............................. $50,300,000 

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. 


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SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to 

exceed $73,800,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2009, for military construction, land 

acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,885,112,000, as follows: 

(1) For military construction projects inside the United States authorized by section 2301(a), $901,845,000. 

(2) For military construction projects outside the United States authorized by section 2301(b), $307,114,000. 

(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$18,000,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$66,336,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,025,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $513,792,000. 

SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2007 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B of 

Public Law 109–364; 120 Stat. 2463), authorization set forth in the 

table in subsection (b), as provided in section 2302 of that Act (120 

Stat. 2455) and extended by section 2306 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public 

Law 111–84; 123 Stat. 2638), shall remain in effect until October 

1, 2011, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2007 Project Authorization 

State Installation Project Amount 

Idaho ....................... Mountain Home Air Force 

Base ............................ Replace Family Housing (457 units) $107,800,000 

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. 


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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 

State Installation or 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 Guard Station ................. $2,400,000 

Hunter Army Airfield ........................................ $3,318,000 

Hawaii ............................................... Hickam Air Force Base .................................... $8,500,000 

Pearl Harbor .................................................... $28,804,000 

Idaho ................................................. Mountain Home Air Force Base ...................... $27,500,000 

Illinois ................................................ Scott Air Force Base ....................................... $1,388,000 

Kentucky ............................................ Fort Campbell .................................................. $38,095,000 

Maryland ............................................ Andrews Air Force Base .................................. $14,000,000 

Bethesda Naval Hospital ................................ $80,000,000 

Fort Detrick ...................................................... $45,700,000 

Fort Meade ...................................................... $219,360,000 

Massachusetts .................................. Hanscom Air Force Base ................................. $2,900,000 

New Mexico ....................................... Cannon Air Force Base ................................... $116,225,000 

White Sands Missile Range ............................ $22,900,000 

New York ........................................... United States Military Academy ...................... $27,960,000 

North Carolina ................................... Camp Lejeune ................................................. $16,646,000 

Fort Bragg ....................................................... $168,693,000 

Ohio ................................................... Defense Supply Center, Columbus .................. $7,400,000 

Pennsylvania ..................................... Defense Distribution Depot New Cumberland $96,000,000 

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, Quantico ......................... $47,355,000 

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 


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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 

Country Installation or 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 Alconbury ......................... $30,308,000 

..................................................................... Royal Air Force Mildenhall ........................ $15,900,000 

SEC. 2402. ENERGY CONSERVATION PROJECTS. 

(a) PROJECTS AUTHORIZED.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the 

Secretary of Defense may carry out energy conservation projects 

under chapter 173 of title 10, United States Code, in the amount 

of $120,000,000. 

(b) AVAILABILITY OF FUNDS FOR RESERVE COMPONENT

PROJECTS.—Of the amount authorized to be appropriated by section 2403(6) for energy conservation projects, the Secretary of Defense shall reserve a portion of the amount for energy conservation 

projects for the reserve components in an amount that is not less 

than an amount that bears the same proportion to the total 

amount authorized to be appropriated as the total quantity of energy consumed by reserve facilities (as defined in section 18232(2) 

of title 10, United States Code) during fiscal year 2010 bears to the 

total quantity of energy consumed by all military installations (as 

defined in section 2687(e)(1) of such title) during that fiscal year, 

as determined by the Secretary. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction, land 

acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total 

amount of $3,116,137,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $1,373,312,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $382,419,000. 

(3) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, 

$42,856,000. 

(4) For contingency construction projects of the Secretary of 

Defense under section 2804 of title 10, United States Code, 

$10,000,000. 


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(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$431,617,000. 

(6) For energy conservation projects under chapter 173 of 

title 10, United States Code, $120,000,000. 

(7) For military family housing functions: 

(A) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $50,464,000. 

(B) For credits to the Department of Defense Family 

Housing Improvement Fund under section 2883 of title 10, 

United States Code, and the Homeowners Assistance Fund 

established under section 1013 of the Demonstration Cities 

and Metropolitan Development Act of 1966 (42 U.S.C. 

3374), $17,611,000. 

(8) For the construction of increment 5 of the Army Medical 

Research Institute of Infectious Diseases Stage I at Fort 

Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $17,400,000. 

(9) For the construction of increment 3 of replacement fuel 

storage facilities at Point Loma Annex, California, authorized 

by section 2401(a) of the Military Construction Authorization 

Act for Fiscal Year 2008 (division B of Public Law 110–181; 

122 Stat. 521), as amended by section 2406 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division 

B of Public Law 111–84; 123 Stat. 2646), $20,000,000. 

(10) For the construction of increment 3 of the United States 

Army Medical Research Institute of Chemical Defense replacement facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110– 

417; 122 Stat. 4689), $105,000,000. 

(11) For the construction of increment 3 of a National Security Agency data center at Camp Williams, Utah, authorized as 

a Military Construction, Defense-Wide project by the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 

1888), $398,358,000. 

(12) For the construction of increment 2 of the hospital at 

Fort Bliss, Texas, authorized by section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2010 (division 

B of Public Law 111–84; 123 Stat. 2642), $147,100,000. 

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECTS. 

(a) AUTHORIZATION OF PROJECT FOR WHICH FUNDS HAVE BEEN

APPROPRIATED.— 

(1) AUTHORIZATION.—The table relating to the Missile Defense Agency in section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2010 (division B of Public 

Law 111–84; 123 Stat. 2641) is amended by adding at the end 

the following: 


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Worldwide Unspecified ................... Range Facility .............................................................. $68,500,000

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 2404(a)(1) 

of that Act (123 Stat. 2644) is amended by striking 

‘‘$1,048,783,000’’ and inserting ‘‘$1,117,283,000’’. 

(3) PROJECT DESCRIPTION.—In the case of the authorization 

contained in the amendment made by paragraph (1), the authorized project relates to an Aegis ashore test facility for 

which funds were made available by title I of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2010 (division E of Public Law 111–117; 123 

Stat. 3286) under the heading ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’. 

(b) PURPOSE OF FORT BRAGG PROJECT.—In the case of the authorization contained in the table relating to the TRICARE Management Activity in section 2401(a) of the Military Construction 

Authorization Act of Fiscal Year 2010 (division B of Public Law 

111–84; 123 Stat. 2642) for Fort Bragg, North Carolina, for construction of a Health Clinic at the installation, the Secretary of Defense may construct a Behavioral Health clinic that predominantly 

provides behavioral health specialty care. 

Subtitle B—Chemical Demilitarization Authorizations 

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction and 

land acquisition for chemical demilitarization in the total amount 

of $124,971,000, as follows: 

(1) For the construction of phase 12 of a chemical munitions 

demilitarization facility at Pueblo Chemical Activity, Colorado, 

authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 

104–201; 110 Stat. 2775), as amended by section 2406 of the 

Military Construction Authorization Act for Fiscal Year 2000 

(division B of Public Law 106–65; 113 Stat. 839), section 2407 

of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), and 

section 2413 of the Military Construction Authorization Act for 

Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4697), $65,569,000. 

(2) For the construction of phase 11 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 

106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of 

the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), and 

section 2414 of the Military Construction Authorization Act for 


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Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4697), and section 2412 of this Act, $59,402,000. 

SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2000 PROJECT. 

(a) MODIFICATION.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B of 

Public Law 106–65; 113 Stat. 835), as amended by section 2405 of 

the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1298), section 2405 of 

the Military Construction Authorization Act for Fiscal Year 2003 

(division B of Public Law 107–314; 116 Stat. 2698), and section 

2414 of the Military Construction Authorization Act for Fiscal Year 

2009 (division B of Public Law 110–417; 122 Stat. 4697), is amended— 

(1) in the item relating to Blue Grass Army Depot, Kentucky, 

by striking ‘‘$492,000,000’’ in the amount column and inserting 

‘‘$746,000,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$1,203,920,000’’. 

(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B of 

Public Law 106–65; 113 Stat. 839), as amended by section 2405 of 

the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1298), section 2405 of 

the Military Construction Authorization Act for Fiscal Year 2003 

(division B of Public Law 107–314; 116 Stat. 2698), and section 

2414 of the Military Construction Authorization Act for Fiscal Year 

2009 (division B of Public Law 110–417; 122 Stat. 4697), is further 

amended by striking ‘‘$469,200,000’’ and inserting ‘‘$723,200,000’’. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from the 

North Atlantic Treaty Organization as a result of construction previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects for 

the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $258,884,000. 


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TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects. 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606(1), 

the Secretary of the Army may acquire real property and carry out 

military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the 

following table: 

Army National Guard: Inside the United States 

State Location Amount 

Arizona ................................ Florence .............................................................................. $16,500,000 

Arkansas ............................. Camp Robinson .................................................................. $30,000,000

Fort Chaffee ....................................................................... $21,500,000 

California ............................ Camp Roberts .................................................................... $19,000,000 

Colorado ............................. Colorado Springs ................................................................ $20,000,000 

Fort Carson ........................................................................ $40,000,000 

Gypsum ............................................................................... $39,000,000 

Windsor ............................................................................... $7,500,000 

Connecticut ........................ Windsor Locks .................................................................... $41,000,000

Delaware ............................. New Castle ......................................................................... $27,000,000 

Georgia ............................... Cumming ............................................................................ $17,000,000 

Dobbins Air Reserve Base ................................................. $10,400,000 

Hawaii ................................ Kalaeloa .............................................................................. $38,000,000 

Idaho .................................. Gowen Field ........................................................................ $17,500,000 

Mountain Home .................................................................. $6,300,000 

Illinois ................................. Springfield .......................................................................... $15,000,000 

Kansas ................................ Wichita ............................................................................... $67,000,000 

Kentucky ............................. Burlington .......................................................................... $19,500,000 

Louisiana ............................ Fort Polk ............................................................................. $5,500,000 

Minden ................................................................................ $28,000,000 

Maryland ............................. St. Inigoes .......................................................................... $5,500,000 

Massachusetts ................... Hanscom Air Force Base .................................................... $23,000,000 

Michigan ............................. Camp Grayling Range ........................................................ $19,000,000 

Minnesota ........................... Arden Hills ......................................................................... $29,000,000 

Camp Ripley ....................................................................... $8,750,000 

Nebraska ............................ Lincoln ................................................................................ $3,300,000 

Mead ................................................................................... $11,400,000 

New Hampshire .................. Pembroke ............................................................................ $36,000,000 

New Mexico ......................... Farmington ......................................................................... $8,500,000 

North Carolina .................... High Point .......................................................................... $1,551,000 

North Dakota ...................... Camp Grafton .................................................................... $11,200,000 

Rhode Island ...................... East Greenwich .................................................................. $27,000,000 

South Dakota ...................... Watertown .......................................................................... $25,000,000 

Texas .................................. Camp Maxey ....................................................................... $2,500,000 

Camp Swift ........................................................................ $2,600,000 

Washington ......................... Tacoma ............................................................................... $25,000,000 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

West Virginia ...................... Moorefield ........................................................................... $14,200,000 

Morgantown ........................................................................ $21,000,000 

Wisconsin ........................... Madison .............................................................................. $5,700,000 

Wyoming ............................. Laramie .............................................................................. $14,400,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606(1), 

the Secretary of the Army may acquire real property and carry out 

military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in 

the following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam .......................................... Barrigada ................................................................... $19,000,000 

Virgin Islands ............................. St. Croix ...................................................................... $25,000,000 

Puerto Rico ................................. Camp Santiago .......................................................... $12,300,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for 

the Army Reserve locations inside the United States, and in the 

amounts, set forth in the following table: 

Army Reserve 

State Location Amount 

California ................................... Fairfield ...................................................................... $26,000,000 

Fort Hunter Liggett ..................................................... $52,000,000 

Florida ........................................ North Fort Myers ......................................................... $13,800,000 

Orlando ....................................................................... $10,200,000 

Tallahasee .................................................................. $10,400,000 

Georgia ....................................... Macon ......................................................................... $11,400,000 

Illinois ........................................ Quincy ......................................................................... $12,200,000 

Indiana ....................................... Michigan City ............................................................. $15,500,000 

Iowa ............................................ Des Moines ................................................................. $8,175,000 

Massachusetts ........................... Devens Reserve Forces Training Area ........................ $4,700,000 

Missouri ...................................... Belton ......................................................................... $11,800,000 

New Mexico ................................ Las Cruces ................................................................. $11,400,000 

New York .................................... Binghamton ................................................................ $13,400,000 

Texas .......................................... Denton ........................................................................ $12,600,000 

Rio Grande ................................................................. $6,100,000 

San Marcos ................................................................ $8,500,000 

Virginia ....................................... Fort A.P. Hill ............................................................... $15,500,000 

Fort Story .................................................................... $11,000,000 

Roanoke ...................................................................... $14,800,000 

Wisconsin ................................... Fort McCoy .................................................................. $19,800,000 


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

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for 

the Navy Reserve and Marine Corps Reserve locations inside the 

United States, and in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California ...................................... Marine Corps Base, Twentynine Palms .................. $5,991,000 

Louisiana ....................................... New Orleans ............................................................ $16,281,000 

Virginia .......................................... Williamsburg ........................................................... $21,346,000 

Washington ................................... Yakima .................................................................... $13,844,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may 

acquire real property and carry out military construction projects 

for the Air National Guard locations inside the United States, and 

in the amounts, set forth in the following table: 

Air National Guard 

State Location Amount 

Alabama ..................................... Montgomery Regional Airport (ANG) .......................... $7,472,000 

Arizona ....................................... Davis Monthan Air Force Base .................................. $4,650,000 

Fort Huachuca ............................................................ $11,000,000 

Delaware .................................... New Castle County Airport ......................................... $1,500,000 

Florida ........................................ Jacksonville International Airport ............................... $6,700,000 

Georgia ....................................... Savannah/Hilton Head International Airport .............. $7,450,000 

Hawaii ........................................ Hickam Air Force Base ............................................... $71,450,000 

Illinois ........................................ Capital Municipal Airport ........................................... $16,700,000

Indiana ....................................... Hulman Regional Airport ............................................ $4,100,000 

Maryland .................................... Martin State Airport ................................................... $11,400,000 

New York .................................... Fort Drum ................................................................... $2,500,000 

Stewart International Airport ..................................... $14,250,000 

North Carolina ............................ Stanly County Airport ................................................. $2,000,000 

Pennsylvania .............................. State College Air National Guard Station .................. $4,100,000 

Tennessee ................................... Nashville International Airport ................................... $5,500,000 

Texas .......................................... Ellington Field ............................................................ $7,000,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may 

acquire real property and carry out military construction projects 

for the Air Force Reserve location inside the United States, and in 

the amount, set forth in the following table: 


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Air Force Reserve 

State Location Amount 

Florida ........................................... Patrick Air Force Base ............................................ $3,420,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for the costs of acquisition, architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), in the following 

amounts: 

(1) For the Department of the Army, for the Army National 

Guard of the United States, $873,664,000. 

(2) For the Department of the Army, for the Army Reserve, 

$318,175,000. 

(3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $61,557,000. 

(4) For the Department of the Air Force, for the Air National 

Guard of the United States, $194,986,000. 

(5) For the Department of the Air Force, for the Air Force 

Reserve, $7,832,000. 

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 2008 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181; 122 Stat. 503), the authorization set forth in 

the tables in subsection (b), as provided in section 2601 and 2604 

of that Act, shall remain in effect until October 1, 2011, or the date 

of the enactment of an Act authorizing funds for military construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The tables referred to in subsection (a) are as follows: 

Army National Guard: Extension of 2008 Project Authorization 

State Installation or Location Project Amount 

Pennsylvania .......... East Fallowfield Township ......................... Readiness Center (SBCT) ........................... $ 8,300,000 

Air National Guard: Extension of 2008 Project Authorization 

State Installation or Location Project Amount 

Vermont ................... Burlington ................... Base Security Improvements .................... $ 6,600,000 


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TITLE XXVII—BASE REALIGNMENT AND CLOSURE 

ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005. 

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

Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir, Virginia, 

BRAC initiative. 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 101– 

510; 10 U.S.C. 2687 note) and funded through the Department of 

Defense Base Closure Account 1990 established by section 2906 of 

such Act, in the total amount of $360,474,000, as follows: 

(1) For the Department of the Army, $73,600,000. 

(2) For the Department of the Navy, $162,000,000. 

(3) For the Department of the Air Force, $124,874,000. 

SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry 

out base realignment and closure activities, including real property 

acquisition and military construction projects, as authorized by the 

Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded 

through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of 

$2,354,285,000. 

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 101– 

510; 10 U.S.C. 2687 note) and funded through the Department of 

Defense Base Closure Account 2005 established by section 2906A 

of such Act, in the total amount of $2,354,285,000. 

SEC. 2704. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER 

FORT BELVOIR, VIRGINIA, BRAC INITIATIVE. 

(a) SUBMISSION OF TRANSPORTATION PLAN.—Not later than 90 

days after the date of the enactment of this Act, the Secretary of 

the Army shall submit to the congressional defense committees a 

transportation plan for the BRAC 133 project. 

(b) TRANSPORTATION PLAN CONDITIONS.—The transportation plan 

for the BRAC 133 project must address ingress and egress of all 


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personnel to and from the BRAC 133 project site. The transportation plan shall also assess the costs and programming of short- 

, medium-, and long-term projects, and the use of other methods of 

transportation, that are necessary to maintain existing level of 

service, and the proposed funding source to obtain such levels of 

service, at the following six intersections 

(1) The intersection of Beauregard Street and Mark Center 

Drive. 

(2) The intersection of Beauregard Street and Seminary 

Road. 

(3) The intersection of Seminary Road and Mark Center 

Drive. 

(4) The intersection of Seminary Road and the northbound 

entrance-ramp to I–395. 

(5) The intersection of Seminary Road and the northbound 

exit-ramp from I–395. 

(6) The intersection of Seminary Road and the southbound 

exit-ramp from I–395. 

(c) INSPECTOR GENERAL REPORT.—Not later than September 15, 

2011, the Inspector General of the Department of Defense shall 

submit to the congressional defense committees a report evaluating 

the sufficiency and coordination conducted in completing the requisite environmental studies associated with the site selection of 

the BRAC 133 project pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Inspector General 

shall give specific attention to the transportation determinations 

associated with the BRAC 133 project and review and provide comment on the transportation plan for the BRAC 133 project and the 

plan’s adherence to the conditions imposed by subsection (b). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘BRAC 133 project’’ refers to the proposed office 

complex to be developed at an established mixed-use business 

park in Alexandria, Virginia, to implement recommendation 

133 of the Defense Base Closure and Realignment Commission 

contained in the report of the Commission transmitted to Congress on September 15, 2005, under section 2903(e) of the Defense Base Closure and Realignment Act of 1990 (part A of 

title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

(2) The term ‘‘level of service’’ has the meaning given that 

term in the most-recent Highway Capacity Manual of the 

Transportation Research Board. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL 

PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Availability of military construction information on Internet. 

Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for construction or alteration at Pentagon Reservation. 

Sec. 2803. Reduced reporting time limits for certain military construction and real 

property reports when submitted in electronic media. 

Sec. 2804. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. 

Sec. 2805. Sense of Congress and report regarding employment of veterans to work 

on military construction projects. 


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Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Notice-and-wait requirements applicable to real property transactions. 

Sec. 2812. Treatment of proceeds generated from leases of non-excess property involving military museums. 

Sec. 2813. Limitation on enhanced use leases of non-excess property. 

Sec. 2814. Repeal of expired authority to lease land for special operations activities. 

Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Extension of term of Deputy Secretary of Defense’s leadership of Guam 

Oversight Council. 

Sec. 2822. Utility conveyances to support integrated water and wastewater treatment system on Guam. 

Sec. 2823. Report on types of facilities required to support Guam realignment. 

Sec. 2824. Report on civilian infrastructure needs for Guam. 

Subtitle D—Energy Security 

Sec. 2831. Consideration of environmentally sustainable practices in Department 

energy performance plan. 

Sec. 2832. Enhancement of energy security activities of the Department of Defense. 

Subtitle E—Land Conveyances 

Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier, Alaska. 

Sec. 2842. Land conveyance, Fort Knox, Kentucky. 

Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New Orleans, 

Louisiana. 

Sec. 2844. Land conveyance, former Navy Extremely Low Frequency communications project site, Republic, Michigan. 

Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington, North 

Carolina. 

Subtitle F—Other Matters 

Sec. 2851. Limitation on availability of funds pending report regarding construction 

of a new outlying landing field in North Carolina and Virginia. 

Sec. 2852. Requirements related to providing world class military medical centers. 

Sec. 2853. Report on fuel infrastructure sustainment, restoration, and modernization requirements. 

Sec. 2854. Naming of Armed Forces Reserve Center, Middletown, Connecticut. 

Sec. 2855. Sense of Congress on proposed extension of the Alaska Railroad corridor 

across Federal land in Alaska. 

Sec. 2856. Sense of Congress on improving military housing for members of the Air 

Force. 

Sec. 2857. Sense of Congress regarding recreational hunting and fishing on military installations. 

Subtitle A—Military Construction Program and Military 

Family Housing Changes 

SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION INFORMATION 

ON INTERNET. 

(a) MODIFICATION OF INFORMATION REQUIRED TO BE PROVIDED.— 

Paragraph (2) of subsection (c) of section 2851 of title 10, United 

States Code, is amended— 

(1) by striking subparagraph (F); and 

(2) by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. 

(b) EXPANDED AVAILABILITY OF INFORMATION.—Such subsection 

is further amended— 

(1) by striking paragraph (3); and 

(2) by redesignating paragraph (4) as paragraph (3). 

(c) CONFORMING AMENDMENTS.—Such subsection is further 

amended— 


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(1) in paragraph (1), by striking ‘‘that, when activated by a 

person authorized under paragraph (3), will permit the person’’ 

and inserting ‘‘that will permit a person’’; and 

(2) in paragraph (3), as redesignated by subsection (b)(2)— 

(A) by striking ‘‘to the persons referred to in paragraph 

(3)’’ and inserting ‘‘on the Internet site required by such 

paragraph’’; and 

(B) by striking ‘‘to such persons’’. 

SEC. 2802. USE OF PENTAGON RESERVATION MAINTENANCE REVOLVING FUND FOR CONSTRUCTION OR ALTERATION AT PENTAGON 

RESERVATION. 

Section 2674(e) of title 10, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘Monies’’ and inserting 

‘‘Subject to paragraphs (3) and (4), monies’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(3) If the cost of a construction or alteration activity proposed 

to be financed in whole or in part using monies from the Fund will 

exceed the limitation specified in section 2805 of this title for a 

comparable unspecified minor military construction project, the activity shall be subject to authorization as provided by section 2802 

of this title before monies from the Fund are obligated for the activity. 

‘‘(4) The authority of the Secretary to use monies from the Fund 

to support construction or alteration activities at the Pentagon Reservation expires on September 30, 2012.’’. 

SEC. 2803. REDUCED REPORTING TIME LIMITS FOR CERTAIN MILITARY CONSTRUCTION AND REAL PROPERTY REPORTS WHEN 

SUBMITTED IN ELECTRONIC MEDIA. 

(a) CONVEYANCE OF PROPERTY FOR NATURAL RESOURCE CONSERVATION.—Section 2694a(e) of title 10 United States Code, is 

amended by inserting before the period at the end the following: 

‘‘or, if earlier, a period of 14 days has elapsed from the date on 

which a copy of the notification is provided in an electronic medium 

pursuant to section 480 of this title’’. 

(b) NATO SECURITY INVESTMENT CONTRIBUTIONS.—Section 

2806(c)(2)(B) of such title is amended by inserting before the period 

at the end the following: ‘‘or, if earlier, a period of 14 days has 

elapsed from the date on which a copy of the report is provided in 

an electronic medium pursuant to section 480 of this title’’. 

(c) FORD ISLAND DEVELOPMENT.—Section 2814(g)(2) of such title 

is amended by inserting before the period at the end the following: 

‘‘or, if earlier, a period of 20 days has elapsed from the date on 

which a copy of the notification is provided in an electronic medium 

pursuant to section 480 of this title’’. 

(d) LEASING OF MILITARY FAMILY HOUSING.—Section 2828(f)(2) of 

such title is amended by inserting before the period at the end the 

following: ‘‘or, if earlier, a period of 14 days has elapsed from the 

date on which a copy of the notification is provided in an electronic 

medium pursuant to section 480 of this title’’. 

(e) LEASING OF MILITARY FAMILY HOUSING TO BE CONSTRUCTED.—Section 2835(g)(2) of such title is amended— 

(1) by striking ‘‘calendar’’; and 

(2) by inserting before the period at the end the following: 

‘‘or, if earlier, a period of 14 days has elapsed from the date 


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on which a copy of the analysis is provided in an electronic medium pursuant to section 480 of this title’’. 

(f) ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED

HOUSING.—Section 2881a(e)(2) of such title is amended by inserting before the period at the end the following: ‘‘or, if earlier, a period of 20 days has elapsed from the date on which a copy of the 

report is provided in an electronic medium pursuant to section 480 

of this title’’. 

(g) USE OF MILITARY CONSTRUCTION ALTERNATIVE AUTHORITY.— 

Section 2884(a)(4) of such title is amended by inserting before the 

period at the end the following: ‘‘or, if earlier, a period of 20 days 

has elapsed from the date on which a copy of the report is provided 

in an electronic medium pursuant to section 480 of this title’’. 

SEC. 2804. AUTHORITY TO USE OPERATION AND MAINTENANCE 

FUNDS FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 

STATES CENTRAL COMMAND AREA OF RESPONSIBILITY. 

(a) INCLUSION OF AREA FORMERLY WITHIN UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY.—Subsection (a) of section 

2808 of the Military Construction Authorization Act for Fiscal Year 

2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by subsections (a) and (b) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2662), is amended by striking ‘‘United 

States Central Command area of responsibility’’ and inserting 

‘‘area of responsibility of the United States Central Command or 

the area of responsibility and area of interest of Combined Task 

Force-Horn of Africa’’. 

(b) ANNUAL LIMITATION ON USE OF AUTHORITY IN AFGHANISTAN.—Subsection (c)(2) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public 

Law 108–136; 117 Stat. 1723), as amended by section 2806(c) of the 

Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2663), is amended— 

(1) by striking ‘‘$300,000,000 in funds available for operation 

and maintenance for fiscal year 2010 may be used in Afghanistan upon completing the prenotification requirements under 

subsection (b)’’ and inserting ‘‘$100,000,000 in funds available 

for operation and maintenance for fiscal year 2011 may be 

used in Afghanistan subject to the notification requirements 

under subsection (b)’’; and 

(2) by striking ‘‘$500,000,000’’ and inserting ‘‘$300,000,000’’. 

(c) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal 

Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as 

added by section 2806(a) of the Military Construction Authorization 

Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 

Stat. 2662), is amended— 

(1) in paragraph (1), by striking ‘‘September 30, 2010’’ and 

inserting ‘‘September 30, 2011’’; and 

(2) in paragraph (2), by striking ‘‘fiscal year 2011’’ and inserting ‘‘fiscal year 2012’’. 

(d) DEFINITION.—Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108– 


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136; 117 Stat. 1723) is amended by adding at the end the following 

new subsection: 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘area of responsibility’, with respect to the 

Combined Task Force-Horn of Africa, is Kenya, Somalia, Ethiopia, Sudan, Eritrea, Djibouti, and Seychelles. 

‘‘(2) The term ‘area of interest’, with respect to the Combined 

Task Force-Horn of Africa, is Yemen, Tanzania, Mauritius, 

Madagascar, Mozambique, Burundi, Rwanda, Comoros, Chad, 

the Democratic Republic of Congo, and Uganda.’’. 

SEC. 2805. SENSE OF CONGRESS AND REPORT REGARDING EMPLOYMENT OF VETERANS TO WORK ON MILITARY CONSTRUCTION 

PROJECTS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense should establish a Veterans to Work program 

to provide an opportunity for apprentices, who are also veterans, 

to work on military construction projects. 

(b) REPORT.— 

(1) REPORT REQUIRED.—Not later than 180 days after enactment of this Act, the Secretary of Defense shall submit to the 

congressional defense committees a report that includes at a 

minimum the following: 

(A) An assessment of the number of unemployed apprentices, who are also veterans, with data presented by appropriate age groupings. 

(B) An evaluation of benefits to be derived from establishing a program to employ apprentices, who are also veterans, in military construction projects, including the impacts of the program on the following: 

(i) Workforce sustainability. 

(ii) Workforce skills enhancement. 

(iii) Short- and long-term cost-effectiveness. 

(iv) Improved veteran employment in sustainable 

wage fields. 

(C) Any challenges, difficulties, or problems projected in 

recruiting apprentices, who are also veterans. 

(2) CONSULTATION.—The Secretary of Defense shall prepare 

the report in consultation with the Secretary of Labor and the 

Secretary of Veterans Affairs. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘apprentice’’ means an individual who is employed pursuant to, and individually registered in, a qualified 

apprenticeship program. 

(2) The term ‘‘qualified apprenticeship program’’ means an 

apprenticeship or other training program that qualifies as an 

employee welfare benefit plan, as defined in section 3(1) of the 

Employee Retirement Income Security Act of 1974 (29 U.S.C. 

1002(1)). 

(3) The term ‘‘veteran’’ has the meaning given such term in 

section 101(2) of title 38, United States Code. 


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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 TRANS- ACTIONS.—Subsection (b) of such section is repealed. 

(c) GEOGRAPHIC SCOPE OF REQUIREMENTS.—Subsection (c) of 

such section is amended— 

(1) by striking ‘‘GEOGRAPHIC SCOPE; EXCEPTED’’ and inserting ‘‘EXCEPTED’’; 

(2) by striking the first sentence; and 

(3) by striking ‘‘It does not’’ and inserting ‘‘This section does 

not’’. 

(d) REPEAL OF NOTICE AND WAIT REQUIREMENT REGARDING GSA 

LEASES OF SPACE FOR DOD.—Subsection (e) of such section is repealed. 

(e) ADDITIONAL REPORTING REQUIREMENTS REGARDING LEASES OF

REAL PROPERTY OWNED BY THE UNITED STATES.—Such section is 

further amended by inserting after subsection (a) the following new 

subsection: 

‘‘(b) ADDITIONAL REPORTING REQUIREMENTS REGARDING LEASES

OF REAL PROPERTY OWNED BY THE UNITED STATES.—(1) In the case 

of a proposed lease or license of real property owned by the United 

States covered by paragraph (1)(C) of subsection (a), the Secretary 

concerned shall comply with the notice-and-wait requirements of 

paragraph (3) of such subsection before— 

‘‘(A) issuing a contract solicitation or other lease offering 

with regard to the transaction; and 

‘‘(B) providing public notice regarding any meeting to discuss 

a proposed contract solicitation with regard to the transaction. 

‘‘(2) The report under paragraph (3) of subsection (a) shall include the following with regard to a proposed transaction covered 

by paragraph (1)(C) of such subsection: 

‘‘(A) A description of the proposed transaction, including the 

proposed duration of the lease or license. 

‘‘(B) A description of the authorities to be used in entering 

into the transaction. 

‘‘(C) A statement of the scored cost of the entire transaction, 

determined using the scoring criteria of the Office of Management and Budget. 

‘‘(D) A determination that the property involved in the transaction is not excess property, as required by section 2667(a)(3) 

of this title, including the basis for the determination. 

‘‘(E) A determination that the proposed transaction is directly compatible with the mission of the military installation 

or Defense Agency at which the property is located and a description of the anticipated long-term use of the property at the 

conclusion of the lease or license. 

‘‘(F) A description of the requirements or conditions within 

the contract solicitation or other lease offering for the person 


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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 noticeand-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 inkind consideration that will be accepted. 

‘‘(D) A description of any community support facility or provision of community support services under the lease or license, 

regardless of whether the facility will be operated by a covered 

entity (as defined in section 2667(d) of this title) or the lessee 

or the services will be provided by a covered entity or the lessee. 

‘‘(E) A description of the competitive procedures used to select the lessee or, in the case of a lease involving the public 

benefit exception authorized by section 2667(h)(2) of this title, 

a description of the public benefit to be served by the lease.’’. 

(f) CONFORMING AMENDMENTS.—Such section is further amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘the Secretary submits’’ 

in the matter preceding subparagraph (A) and inserting 

‘‘the Secretary concerned submits’’; and 

(B) in paragraph (3), by striking ‘‘the Secretary of a military department or the Secretary of Defense’’ and inserting 

‘‘the Secretary concerned’’; 

(2) by redesignating subsections (f) and (g) as subsections (e) 

and (f), respectively; 

(3) in subsection (f), as so redesignated— 

(A) in paragraph (1), by striking ‘‘, and the reporting requirement set forth in subsection (e) shall not apply with 

respect to a real property transaction otherwise covered by 

that subsection,’’; 

(B) in paragraph (3), by striking ‘‘or (e), as the case may 

be’’; and 

(C) by striking paragraph (4); and 

(4) by adding at the end the following new subsection: 


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‘‘(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 PROP- ERTY AUTHORITY.—Section 2667 of such title is amended— 

(1) in subsection (c), by striking paragraph (4); 

(2) in subsection (d), by striking paragraph (6); 

(3) in subsection (e)(1), by striking subparagraph (E); and 

(4) in subsection (h)— 

(A) by striking paragraphs (3) and (5); and 

(B) by redesignating paragraph (4) as paragraph (3). 

SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM LEASES OF 

NON-EXCESS PROPERTY INVOLVING MILITARY MUSEUMS. 

Section 2667(e)(1) of title 10, United States Code, as amended by 

section 2811(g), is amended by inserting after subparagraph (D) 

the following new subparagraph (E): 

‘‘(E) If the proceeds deposited in the special account established 

for the Secretary concerned are derived from activities associated 

with a military museum described in section 489(a) of this title, the 

proceeds shall be available for activities described in subparagraph 

(C) only at that museum.’’. 

SEC. 2813. LIMITATION ON ENHANCED USE LEASES OF NON-EXCESS 

PROPERTY. 

(a) IN GENERAL.—Section 2667(b)(7) of title 10, United States 

Code, is amended by striking the period at the end and inserting 

‘‘, or otherwise commit the Secretary concerned or the Department 

of Defense to annual payments in excess of such amount.’’. 

(b) ARMED FORCES RETIREMENT HOME.—Section 1511(i)(2) of the 

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)(2)) 

is amended— 

(1) in subparagraph (D), by striking ‘‘; and’’ and inserting a 

semicolon; 

(2) in subparagraph (E), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(F) may not provide for a leaseback by the Retirement Home with an annual payment in excess of $100,000, or otherwise commit the Retirement Home or the Department of Defense to annual payments in excess of such amount.’’. 

SEC. 2814. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR SPECIAL OPERATIONS ACTIVITIES. 

(a) REPEAL.—Section 2680 of title 10, United States Code, is repealed. 

(b) EFFECT OF REPEAL.—The amendment made by subsection (a) 

shall not affect the validity of any contract entered into under section 2680 of title 10, United States Code, on or before September 

30, 2005. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 159 of such title is amended by striking the item 

relating to section 2680. 

SEC. 2815. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, 

PUERTO RICO. 

(a) STUDY REQUIRED.—At the request of the Commonwealth of 

Puerto Rico, the Secretary of Defense shall conduct a study relating 


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to the presence of unexploded ordnance in a portion of the former 

bombardment area at Culebra Island, Puerto Rico, transferred to 

the Commonwealth of Puerto Rico by quitclaim deed. The Secretary 

shall complete the study within 270 days after receiving the request from the Commonwealth. 

(b) CONTENTS OF STUDY.—The study shall include a specific assessment of Flamenco Beach located within the former bombardment area and shall include the following elements for each area: 

(1) An estimate of the type and amount of unexploded ordnance. 

(2) An estimate of the cost of removing unexploded ordnance. 

(3) An examination of the impact of such removal on any endangered or threatened species and their habitat. 

(4) An examination of current public access to the former 

bombardment area. 

(5) An examination of any threats to public health or safety 

and the environment from unexploded ordnance. 

(c) CONSULTATION WITH COMMONWEALTH.—In conducting the 

study, the Secretary of Defense shall consult with the Commonwealth of Puerto Rico regarding the Commonwealth’s planned future uses of the former bombardment area. The Secretary shall 

consider the Commonwealth’s planned future uses in developing 

any conclusions or recommendations the Secretary may include in 

the study. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘quitclaim deed’’ refers to the quitclaim deed 

from the United States to the Commonwealth of Puerto Rico, 

signed by the Secretary of the Interior on August 11, 1982, for 

that portion of Tract (1b) consisting of the former bombardment area on the island of Culebra, Puerto Rico. 

(2) The term ‘‘unexploded ordnance’’ has the meaning given 

that term by section 101(e)(5) of title 10, United States Code. 

Subtitle C—Provisions Related to Guam Realignment 

SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE’S LEADERSHIP OF GUAM OVERSIGHT COUNCIL. 

Subsection (d) of section 132 of title 10, United States Code, as 

added by section 2831(a) of the Military Construction Authorization 

Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 

Stat. 2669), is amended by striking ‘‘September 30, 2015’’ and inserting ‘‘September 30, 2020’’. 

SEC. 2822. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER 

AND WASTEWATER TREATMENT SYSTEM ON GUAM. 

(a) CONVEYANCE OF UTILITIES.—The Secretary of Defense may 

convey to the Guam Waterworks Authority (in this section referred 

to as the ‘‘Authority’’) all right, title, and interest of the United 

States in and to the water and wastewater treatment utility systems on Guam, including the Fena Reservoir, for the purpose of establishing an integrated water and wastewater treatment system 

on Guam. 

(b) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—As consideration for the conveyance of the water and wastewater treatment utility systems 

on Guam, the Authority shall pay to the Secretary of Defense 


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an amount equal to the fair market value of the utility infrastructure to be conveyed, as determined pursuant to an agreement between the Secretary and the Authority. 

(2) DEFERRED PAYMENTS.—At the discretion of the Authority, 

the Authority may elect to pay the consideration determined 

under paragraph (1) in equal annual payments over a period 

of not more than 25 years, starting with the first year beginning after the date of the conveyance of the water and wastewater treatment utility systems to the Authority. 

(3) ACCEPTANCE OF IN-KIND SERVICES.—The consideration required by paragraph (1) may be paid in cash or in-kind, as acceptable to the Secretary of Defense. The Secretary of Defense, 

in consultation with the Secretary of the Interior, shall consider the value of in-kind services provided by the Government 

of Guam pursuant to section 311 of the Compact of Free Association between the Government of the United States and the 

Government of the Federated States of Micronesia, approved 

by Congress in the Compact of Free Association Amendments 

Act of 2003 (Public Law 108–188; 117 Stat. 2781), section 311 

of the Compact of Free Association between the Government of 

the United States and the Government of the Republic of the 

Marshall Islands, approved by Congress in such Act, and the 

Compact of Free Association between the Government of the 

United States and the Government of the Republic of Palau, 

approved by Congress in the Palau Compact of Free Association Act (Public Law 99–658; 100 Stat. 3672). 

(c) CONDITION OF CONVEYANCE.—As a condition of the conveyance under subsection (a), the Secretary of Defense must obtain at 

least a 33 percent voting representation on the Guam Consolidated 

Commission on Utilities, including a proportional representation as 

chairperson of the Commission. 

(d) IMPLEMENTATION REPORT.— 

(1) REPORT REQUIRED.—If the Secretary of Defense determines to use the authority provided by subsection (a) to convey 

the water and wastewater treatment utility systems to the Authority, the Secretary shall submit to the congressional defense 

committees a report containing— 

(A) a description of the actions needed to efficiently convey the water and wastewater treatment utility systems to 

the Authority; and 

(B) an estimate of the cost of the conveyance. 

(2) SUBMISSION.—The Secretary shall submit the report not 

later than 30 days after the date on which the Secretary makes 

the determination triggering the report requirement. 

(e) NEW WATER SYSTEMS.—If the Secretary of Defense determines to use the authority provided by subsection (a) to convey the 

water and wastewater treatment utility systems to the Authority, 

the Secretary shall also enter into an agreement with the Authority, under which the Authority will manage and operate any water 

well or wastewater treatment plant that is constructed by the Secretary of a military department on Guam on or after the date of 

the enactment of this Act. 

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tion with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States. 

(g) TECHNICAL ASSISTANCE.— 

(1) ASSISTANCE AUTHORIZED; REIMBURSEMENT.—The Secretary of the Interior, acting through the Commissioner of the 

Bureau of Reclamation, may provide technical assistance to the 

Secretary of Defense and the Authority regarding the development of plans for the design, construction, operation, and 

maintenance of integrated water and wastewater treatment 

utility systems on Guam. 

(2) CONTRACTING AUTHORITY; CONDITION.—The Secretary of 

the Interior, acting through the Commissioner of the Bureau of 

Reclamation, may enter into memoranda of understanding, cooperative agreements, and other agreements with the Secretary of Defense to provide technical assistance as described 

in paragraph (1) under such terms and conditions as the Secretary of the Interior and the Secretary of Defense consider appropriate, except that costs incurred by the Secretary of the Interior to provide technical assistance under paragraph (1) shall 

be covered by the Secretary of Defense. 

(3) REPORT AND OTHER ASSISTANCE.—Not later than one year 

after date of the enactment of this Act, the Secretary of the Interior and the Secretary of Defense shall submit to the congressional defense committees, the Committee on Natural Resources of the House of Representatives, and the Committee on 

Energy and Natural Resources of the Senate a report detailing 

the following: 

(A) Any technical assistance provided under paragraph 

(1) and information pertaining to any memoranda of understanding, cooperative agreements, and other agreements entered into pursuant to paragraph (2). 

(B) An assessment of water and wastewater systems on 

Guam, including cost estimates and budget authority, including authorities available under the Acts of June 17, 

1902, and June 12, 1906 (popularly known as the Reclamation Act; 43 U.S.C. 391) and other authority available to 

the Secretary of the Interior, for financing the design, construction, operation, and maintenance of such systems. 

(C) The needs related to water and wastewater infrastructure on Guam and the protection of water resources 

on Guam identified by the Authority. 

SEC. 2823. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT 

GUAM REALIGNMENT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of the Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the structural 

integrity of facilities required to support the realignment of military installations and the relocation of military personnel on 

Guam. 

(b) CONTENTS OF REPORT.—The report required by subsection (a) 

shall contain the following elements: 

(1) A threat assessment to the realigned forces, including 

natural and manmade threats. 


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(2) An evaluation of the types of facilities and the enhanced 

structural requirements required to deter the threat assessment specified in paragraph (1). 

(3) An assessment of the costs associated with the enhanced 

structural requirements specified in paragraph (2). 

SEC. 2824. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM. 

(a) REPORT REQUIRED.—The Secretary of the Interior shall prepare a report— 

(1) detailing the civilian infrastructure improvements needed 

on Guam to directly and indirectly support and sustain the realignment of military installations and the relocation of military personnel on Guam; and 

(2) identifying, to the maximum extent practical, the potential funding sources for such improvements from other Federal 

departments and agencies and from existing authorities and 

funds within the Department of Defense. 

(b) CONSULTATION.—The Secretary of the Interior shall prepare 

the report required by subsection (a) in consultation with the Secretary of Defense, the Government of Guam, and the Interagency 

Group on the Insular Areas established by Executive Order No. 

13537. 

(c) SUBMISSION.—The Secretary of the Interior shall submit the 

report required by subsection (a) to the congressional defense committees and the Committee on Natural Resources of the House of 

Representatives, and the Committee on Energy and Natural Resources of the Senate not later than 180 days after the date of the 

enactment of this Act. 

Subtitle D—Energy Security 

SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE 

PRACTICES IN DEPARTMENT ENERGY PERFORMANCE PLAN. 

Section 2911(c) of title 10, United States Code, is amended— 

(1) in paragraph (4), by inserting ‘‘and hybrid-electric drive’’ 

after ‘‘alternative fuels’’; 

(2) by redesignating paragraph (9) as paragraph (11); 

(3) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; 

(4) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) Opportunities for the high-performance construction, 

lease, operation, and maintenance of buildings.’’; and 

(5) by inserting after paragraph (9) (as redesignated by paragraph (3)) the following new paragraph: 

‘‘(10) The value of incorporating electric, hybrid-electric, and 

high efficiency vehicles into vehicle fleets.’’. 

SEC. 2832. ENHANCEMENT OF ENERGY SECURITY ACTIVITIES OF THE 

DEPARTMENT OF DEFENSE. 

(a) ENERGY PERFORMANCE MASTER PLAN.— (1) ENHANCEMENT OF ENERGY PERFORMANCE PLAN TO MASTER

PLAN.—Subsection (b) of section 2911 of title 10, United States 

Code, is amended to read as follows: 

‘‘(b) ENERGY PERFORMANCE MASTER PLAN.—(1) The Secretary of 

Defense shall develop a comprehensive master plan for the achieveVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00359 Fmt 6633 Sfmt 6602 E:\HR\OC\A160.XXX A160

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ment of the energy performance goals of the Department of Defense, as set forth in laws, executive orders, and Department of Defense policies. 

‘‘(2) The master plan shall include the following: 

‘‘(A) A separate master plan, developed by each military department and Defense Agency, for the achievement of energy 

performance goals. 

‘‘(B) The use of a baseline standard for the measurement of 

energy consumption by transportation systems, support systems, utilities, and facilities and infrastructure that is consistent for all of the military departments. 

‘‘(C) A method of measurement of reductions or conservation 

in energy consumption that provides for the taking into account of changes in the current size of fleets, number of facilities, and overall square footage of facility plants. 

‘‘(D) Metrics to track annual progress in meeting energy performance goals. 

‘‘(E) A description of specific requirements, and proposed investments, in connection with the achievement of energy performance goals reflected in the budget of the President for each 

fiscal year (as submitted to Congress under section 1105(a) of 

title 31). 

‘‘(3) Not later than 30 days after the date on which the budget 

of the President is submitted to Congress for a fiscal year under 

section 1105(a) of title 31, the Secretary shall submit the current 

version of the master plan to Congress.’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended by striking ‘‘plan’’ each place it appears and inserting 

‘‘master plan’’. 

(3) SECTION HEADING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 2911. Energy performance goals and master plan for the 

Department of Defense’’. 

(b) EXPANSION OF FACILITIES FOR WHICH USE OF RENEWABLE EN- ERGY AND ENERGY EFFICIENT PRODUCTS IS REQUIRED.— (1) RENEWABLE ENERGY.—Subsection (a) of section 2915 of 

title 10, United States Code, is amended— 

(A) by inserting ‘‘and facility repairs and renovations’’ 

after ‘‘military family housing projects)’’; and 

(B) by striking ‘‘energy performance plan’’ and inserting 

‘‘energy performance master plan’’. 

(2) CONSIDERATION IN DESIGN.—Subsection (b)(1) of such section is amended by striking ‘‘the design’’ and all that follows 

and inserting the following: ‘‘the design for the construction, 

repair, or renovation of facilities (including family housing and 

back-up power generation facilities) requires consideration of 

energy systems using solar energy or other renewable forms of 

energy when use of a renewable form of energy— 

‘‘(A) is consistent with the energy performance goals and 

energy performance master plan for the Department of Defense developed under section 2911 of this title; and 

‘‘(B) supported by the special considerations specified in 

subsection (c) of such section.’’. 


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(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 infiltrationmitigation systems, such as weatherproofing.’’. 

(4) SECTION HEADING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 2915. Facilities: use of renewable forms of energy and energy efficient products’’. 

(c) OTHER AMENDMENTS.— 

(1) CONFORMING AMENDMENT.—Section 2925(a) of title 10, 

United States Code, is amended by striking ‘‘energy performance plan’’ each place it appears and inserting ‘‘energy performance master plan’’. 

(2) CLERICAL AMENDMENTS.—The table of sections at the beginning of subchapter I of chapter 173 of such title is amended— 

(A) by striking the item relating to section 2911 and inserting the following new item: 

‘‘2911. Energy performance goals and master plan for the Department of Defense.’’; 

and 

(B) by striking the item relating to section 2915 and inserting the following new item: 

‘‘2915. Facilities: use of renewable forms of energy and energy efficient products.’’. 


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Subtitle E—Land Conveyances 

SEC. 2841. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT 

(DFSP) WHITTIER, ALASKA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army or the 

Secretary of the Air Force may convey to the City of Whittier, Alaska (in this section referred to as the ‘‘City’’), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 62 

acres, located at the Defense Fuel Support Point (DFSP) Whittier, 

Alaska, that the Secretary making the conveyance considers appropriate in the public interest. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall pay to the Secretary conveying the 

property an amount that is not less than the fair market value of 

the property conveyed, as determined by the Secretary. The Secretary’s determination shall be final. In lieu of all or a portion of 

cash payment of consideration, the Secretary may accept in-kind 

consideration, including environmental remediation for the property conveyed. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary conveying property 

under subsection (a) shall require the City to reimburse the 

Secretary to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and 

any other administrative costs related to the conveyance. If 

amounts are collected in advance of the Secretary incurring the 

actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the 

Secretary shall refund the excess amount to the City of Whittier. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover those costs incurred by 

the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(d) COMPLIANCE WITH ENVIRONMENTAL LAWS.—Nothing in this 

section shall be construed to affect or limit the application of, or 

any obligation to comply with, any environmental law, including 

the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste 

Disposal Act (42 U.S.C. 6901 et seq.). 

(e) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any cash 

payment received by the United States as consideration for the conveyance under subsection (a) shall be deposited in the special account in the Treasury established under subsection (b) of section 

572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. 


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(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the parcel of real property to be conveyed under this 

section shall be determined by a survey satisfactory to the Secretary of the Interior. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary making 

the conveyance under subsection (a) may require such additional 

terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United 

States. 

SEC. 2842. LAND CONVEYANCE, FORT KNOX, KENTUCKY. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Department of Veterans Affairs of the Commonwealth of Kentucky (in this section referred to 

as the ‘‘Department’’) all right, title, and interest of the United 

States in and to a parcel of real property, including any improvements thereon, consisting of approximately 194 acres at Fort Knox, 

Kentucky, for the purpose of permitting the Department to establish and operate a State veterans home and future expansion of the 

adjacent State veterans cemetery for veterans and eligible family 

members of the Armed Forces. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at any 

time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the 

property shall revert, at the option of the Secretary, to the United 

States, and the United States shall have the right of immediate 

entry onto the property. Any determination of the Secretary under 

this subsection shall be made on the record after an opportunity for 

a hearing. 

(c) PAYMENT OR COSTS OF CONVEYANCE.— 

(1) IN GENERAL.—The Secretary shall require the Department to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including costs 

related to environmental documentation and other administrative costs. This paragraph does not apply to costs associated 

with the environmental remediation of the property to be conveyed. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts so 

credited shall be merged with amounts in such fund or account 

and shall be available for the same purposes, and subject to 

the same conditions and limitations, as amounts in such fund 

or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 


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SEC. 2843. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST 

BANK), NEW ORLEANS, LOUISIANA. 

(a) CONVEYANCE AUTHORIZED.—Except as provided in subsection 

(b), the Secretary of the Navy may convey to the Algiers Development District all right, title, and interest of the United States in 

and to the real property comprising the Naval Support Activity 

(West Bank), New Orleans, Louisiana, including— 

(1) any improvements and facilities on the real property; and 

(2) available personal property on the real property. 

(b) CERTAIN PROPERTY EXCLUDED.—The conveyance under subsection (a) may not include— 

(1) the approximately 29-acre area known as the Secured 

Area of the real property described in such subsection, which 

shall remain subject to the Lease; and 

(2) the Quarters A site, which is located at Sanctuary Drive, 

as determined by a survey satisfactory to the Secretary of the 

Navy. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of the 

Navy. 

(d) TIMING.—The authority provided in subsection (a) may only 

be exercised after— 

(1) the Secretary of the Navy determines that the property 

described in subsection (a) is no longer needed by the Department of the Navy; and 

(2) the Algiers Development District delivers the full consideration as required by Article 3 of the Lease. 

(e) CONDITION OF CONVEYANCE.—The conveyance authorized by 

subsection (a) shall include a condition that expressly prohibits any 

use of the property that would interfere or otherwise restrict operations of the Department of the Navy in the Secured Area referred 

to in subsection (b), as determined by the Secretary of the Navy. 

(f) SUBSEQUENT CONVEYANCE OF SECURED AREA.—If at any time 

the Secretary of the Navy determines and notifies the Algiers Development District that there is no longer a continuing requirement 

to occupy or otherwise control the Secured Area referred to in subsection (b) to support the mission of the Marine Forces Reserve or 

other comparable Marine Corps use, the Secretary may convey to 

the Algiers Development District the Secured Area and the any improvements situated thereon. 

(g) SUBSEQUENT CONVEYANCE OF QUARTERS A.—If at any time 

the Secretary of the Navy determines that the Department of the 

Navy no longer has a continuing requirement for general officers 

quarters to be located on the Quarters A site referred to in subsection (b) or the Department of the Navy elects or offers to transfer, sell, lease, assign, gift or otherwise convey any or all of the 

Quarters A site or any improvements thereon to any third party, 

the Secretary may convey to the Algiers Development District the 

real property containing the Quarters A site. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance of property under this section, consistent 


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with the Lease, as the Secretary considers appropriate to protect 

the interest of the United States. 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘Algiers Development District’’ means the Algiers Development District, a local political subdivision of the 

State of Louisiana. 

(2) The term ‘‘Lease’’ means that certain Real Estate Lease 

for Naval Support Activity New Orleans, West Bank, New Orleans, Louisiana, Lease No. N47692–08–RP–08P30, by and between the United States, acting by and through the Department of the Navy, and the Algiers Development District dated 

September 30, 2008. 

SEC. 2844. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW FREQUENCY COMMUNICATIONS PROJECT SITE, REPUBLIC, MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey, without consideration, to Humboldt Township in Marquette 

County, Michigan, all right, title, and interest of the United States 

in and to a parcel of real property, including any improvements 

thereon, in Republic, Michigan, consisting of approximately seven 

acres and formerly used as an Extremely Low Frequency communications project site, for the purpose of permitting the Township 

to use the property for public benefit. 

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2845. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER, 

WILMINGTON, NORTH CAROLINA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the North Carolina State Port Authority of Wilmington, 

North Carolina (in this section referred to as the ‘‘Port Authority’’), 

all right, title, and interest of the United States in and to a parcel 

of real property, including any improvements thereon, consisting of 

approximately 3.03 acres and known as the Marine Forces Reserve 

Center in Wilmington, North Carolina, for the purpose of permitting the Port Authority to use the parcel for development of a port 

facility and for other public purposes. 

(b) INCLUSION OF PERSONAL PROPERTY.—The Secretary of the 

Navy may include as part of the conveyance under subsection (a) 

personal property of the Navy at the Marine Forces Reserve Center 

that the Secretary of Transportation recommends is appropriate for 

the development or operation of the port facility and the Secretary 

of the Navy agrees is excess to the needs of the Navy. 

(c) INTERIM LEASE.—Until such time as the real property described in subsection (a) is conveyed by deed, the Secretary of the 

Navy may lease the property to the Port Authority. 

(d) CONSIDERATION.— 

(1) CONVEYANCE.—The conveyance under subsection (a) shall 

be made without consideration as a public benefit conveyance 

for port development if the Secretary of the Navy determines 


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that the Port Authority satisfies the criteria specified in section 

554 of title 40, United States Code, and regulations prescribed 

to implement such section. If the Secretary determines that the 

Port Authority fails to qualify for a public benefit conveyance, 

but still desires to acquire the property, the Port Authority 

shall pay to the United States an amount equal to the fair 

market value of the property to be conveyed. The fair market 

value of the property shall be determined by the Secretary. 

(2) LEASE.—The Secretary of the Navy may accept as consideration for a lease of the property under subsection (c) an 

amount that is less than fair market value if the Secretary determines that the public interest will be served as a result of 

the lease. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary of the Navy 

and the Port Authority. The cost of such survey shall be borne by 

the Port Authority. 

(f) ADDITIONAL TERMS.—The Secretary of the Navy may require 

such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States. 

Subtitle F—Other Matters 

SEC. 2851. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT 

REGARDING CONSTRUCTION OF A NEW OUTLYING LANDING 

FIELD IN NORTH CAROLINA AND VIRGINIA. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Navy has studied the feasibility and potential locations of a new outlying landing field on the East Coast since 

2001. 

(2) Since January 2008, the Navy has studied five potential 

sites in North Carolina and Virginia, whose communities have 

expressed opposition. Some local governments where the sites 

under consideration are located have taken formal action in opposition by resolution or correspondence to the Navy and congressional officials. 

(b) LIMITATION ON FUNDS PENDING REPORT.— (1) IN GENERAL.—The Secretary of the Navy may not obligate 

or expend funds for the study or development of a new outlying 

landing field in North Carolina or Virginia after fiscal year 

2011 until the Secretary has provided the congressional defense committees a report on the Navy’s efforts with respect to 

the outlying landing field. 

(2) ELEMENTS OF REPORT.—The report required under paragraph (1) shall include the following: 

(A) A description of the actual training requirements 

and completed training events involving Fleet Carrier 

Landing Practice operations at Naval Air Station Oceana 

and Naval Auxiliary Landing Field Fentress for the previous 10 years, to include statistics for the current fiscal 

year. 

(B) An assessment of the aviation training requirements 

and completed aviation training events conducted on all 


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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 F35 aircraft and a description of the outlying landing field 

facilities that will be required to support its training requirements. 

SEC. 2852. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS 

MILITARY MEDICAL CENTERS. 

(a) UNIFIED CONSTRUCTION STANDARD FOR MILITARY CONSTRUCTION AND REPAIRS TO MILITARY MEDICAL CENTERS.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall establish a unified construction standard for military construction and repairs for military medical centers that provides a single standard of care. This standard shall also include— 

(1) size standards for operating rooms and patient recovery 

rooms; and 

(2) such other construction standards that the Secretary considers necessary to support military medical centers. 

(b) INDEPENDENT REVIEW PANEL.— 

(1) ESTABLISHMENT; PURPOSE.—The Secretary of Defense 

shall establish an independent advisory panel for the purpose 

of— 

(A) reviewing the unified construction standards established pursuant to subsection (a) to determine the standards consistency with industry practices and benchmarks 

for world class medical construction; 

(B) reviewing ongoing construction programs within the 

Department of Defense to ensure medical construction 

standards are uniformly applied across applicable military 

medical centers; 

(C) assessing the approach of the Department of Defense 

approach to planning and programming facility improvements with specific emphasis on— 

(i) facility selection criteria and proportional assessment system; and 

(ii) facility programming responsibilities between 

the Assistant Secretary of Defense for Health Affairs 

and the Secretaries of the military departments; 


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(D) assessing whether the Comprehensive Master Plan 

for the National Capital Region Medical, dated April 2010, 

is adequate to fulfill statutory requirements, as required 

by section 2714 of the Military Construction Authorization 

Act for Fiscal Year 2010 (division B of Public Law 111–84; 

123 Stat. 2656), to ensure that the facilities and organizational structure described in the plan result in world class 

military medical centers in the National Capital Region; 

and 

(E) making recommendations regarding any adjustments 

of the master plan referred to in subparagraph (D) that 

are needed to ensure the provision of world class military 

medical centers and delivery system in the National Capital Region. 

(2) MEMBERS.— (A) APPOINTMENTS BY SECRETARY.—The panel shall be 

composed of such members as determined by the Secretary 

of Defense, except that the Secretary shall include as 

members— 

(i) medical facility design experts; 

(ii) military healthcare professionals; 

(iii) representatives of premier health care centers 

in the United States; and 

(iv) former retired senior military officers with joint 

operational and budgetary experience. 

(B) CONGRESSIONAL APPOINTMENTS.—The chairmen and 

ranking members of the Committees on the Armed Services of the Senate and House of Representatives may each 

designate one member of the panel. 

(C) TERM.—Members of the panel may serve on the 

panel until the termination date specified in paragraph (7). 

(D) COMPENSATION.—While performing duties on behalf 

of the panel, a member and any adviser referred to in 

paragraph (4) shall be reimbursed under Government travel regulations for necessary travel expenses. 

(3) MEETINGS.—The panel shall meet not less than quarterly. 

The panel or its members may make other visits to military 

treatment centers and military headquarters in connection 

with the duties of the panel. 

(4) STAFF AND ADVISORS.—The Secretary of Defense shall 

provide necessary administrative staff support to the panel. 

The panel may call in advisers for consultation. 

(5) REPORTS.— 

(A) INITIAL REPORT.—Not later than 120 days after the 

first meeting of the panel, the panel shall submit to the 

Secretary of Defense a written report containing— 

(i) an assessment of the adequacy of the plan of the 

Department of Defense to address the items specified 

in subparagraphs (A) through (E) of paragraph (1) relating to the purposes of the panel; and 

(ii) the recommendations of the panel to improve the 

plan. 

(B) ADDITIONAL REPORTS.—Not later than February 1, 

2011, and each February 1 thereafter until termination of 


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the panel, the panel shall submit to the Secretary of Defense a report on the findings and recommendations of the 

panel to address any deficiencies identified by the panel. 

(6) ASSESSMENT OF RECOMMENDATIONS.—Not later than 30 

days after the date of the submission of each report under 

paragraph (5), the Secretary of Defense shall submit to the 

congressional defense committees a report including— 

(A) a copy of the panel’s assessment; 

(B) an assessment by the Secretary of the findings and 

recommendations of the panel; and 

(C) the plans of the Secretary for addressing such findings and recommendations. 

(7) TERMINATION.—The panel shall terminate on September 

30, 2015. 

(c) DEFINITIONS.—In this section: 

(1) NATIONAL CAPITAL REGION.—The term ‘‘National Capital 

Region’’ has the meaning given the term in section 2674(f) of 

title 10, United States Code. 

(2) WORLD CLASS MILITARY MEDICAL CENTER.—The term 

‘‘world class military medical center’’ has the meaning given 

the term ‘‘world class military medical facility’’ by the National 

Capital Region Base Realignment and Closure Health Systems 

Advisory Subcommittee of the Defense Health Board in appendix B of the report titled ‘‘Achieving World Class—An Independent Review of the Design Plans for the Walter Reed National Military Medical Center and the Fort Belvoir Community Hospital’’ and published in May 2009, as required by section 2721 of the Military Construction Authorization Act for 

Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4716). 

SEC. 2853. REPORT ON FUEL INFRASTRUCTURE SUSTAINMENT, RESTORATION, AND MODERNIZATION REQUIREMENTS. 

Not later than 270 days after the date of the enactment of this 

Act, the Director of the Defense Logistics Agency shall submit to 

the congressional defense committees a report on the fuel infrastructure of the Department of Defense. The report shall include 

the following: 

(1) Fiscal projections for fuel infrastructure sustainment, restoration, and modernization requirements to fully meet Department of Defense sustainment models and industry recapitalization practices. 

(2) An assessment of the risk associated with not providing 

adequate funding to support such fuel infrastructure 

sustainment, restoration, and modernization requirements. 

(3) An assessment of fuel infrastructure real property deficiencies impacting the ability of the Defense Logistics Agency 

to fully support mission requirements. 

(4) An assessment of environmental liabilities associated 

with current fueling operations. 

(5) A list of real property previously used to support fuel infrastructure and an assessment of the environmental liabilities 

associated with such real property and whether any of such 

real property can be declared excess to the needs of the Department of Defense. 


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(6) An assessment of the real property demarcation between 

the Secretaries of the military departments and the Defense 

Logistics Agency. 

SEC. 2854. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN, CONNECTICUT. 

The newly constructed Armed Forces Reserve Center in Middletown, Connecticut, shall be known and designated as the ‘‘Major 

General Maurice Rose Armed Forces Reserve Center’’. Any reference in a law, map, regulation, document, paper, or other record 

of the United States to such Armed Forces Reserve Center shall be 

deemed to be a reference to the Major General Maurice Rose 

Armed Forces Reserve Center. 

SEC. 2855. SENSE OF CONGRESS ON PROPOSED EXTENSION OF THE 

ALASKA RAILROAD CORRIDOR ACROSS FEDERAL LAND IN ALASKA. 

(a) FINDING.—Congress finds that the Alaska Railroad proposes 

the extension of its railroad corridor over approximately 950 acres 

of land located south and east of North Pole, Alaska, including 

lands located near or adjacent to the Chena River spillway, Eielson 

Air Force Base, Tanana Flats Training Area (Fort Wainwright), 

Donnelly Training Area (Fort Wainwright), and Fort Greely. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Department of the Army and the Department of the Air Force should 

explore means of accommodating the railroad corridor expansion 

referred to in subsection (a) using existing authorities that will not 

adversely impact military missions, operations, and training. 

SEC. 2856. SENSE OF CONGRESS ON IMPROVING MILITARY HOUSING 

FOR MEMBERS OF THE AIR FORCE. 

(a) FINDING.—Congress makes the following findings: 

(1) In the mid-1990s, the Department of Defense became concerned that inadequate and poor quality housing for members 

of the Armed Forces was adversely affecting the quality of life 

for members and their families and adversely affecting military 

readiness by contributing to decisions by members to leave the 

Armed Forces. 

(2) At that time, the Department of Defense designated 

about 180,000 houses, or nearly two-thirds of its domestic family housing inventory, as inadequate and needing repair or 

complete replacement. 

(3) The Department of Defense believed that it would need 

about $20,000,000,000 in appropriated funds and would take 

up to 40 years to eliminate poor quality military housing 

through new construction or renovation using its traditional 

military construction approach. 

(4) In 1996, Congress enacted the Military Housing Privatization Initiative to provide the Department of Defense with a 

variety of authorities to obtain private sector financing and 

management for the repair, renovation, construction, and management of military family housing. 

(5) The Air Force has used the Military Housing Privatization Initiative to award 27 projects at 44 military bases to improve over 37,000 homes. 

(6) The Air Force has received $7,100,000,000 in total development investment from the private sector for new housing 


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with a taxpayer contribution of approximately $425,000,000, 

representing a 15 to 1 leveraging of taxpayer dollars. 

(7) The Air Force, like the other military services, has been 

able to leverage varying conditions of housing at military bases 

into fiscally viable projects by packaging housing inventories at 

multiple bases into a single transaction. 

(8) Congress has approved transactions involving the packaging of multiple bases as a critical tool to maximize the efficient use of taxpayer funds. 

(9) Congress supports the goal of the Air Force to complete 

transactions for the repair, renovation, construction, and management of 100 percent of their military family housing inventory in the United States by December 31, 2012. 

(10) The Air Force currently has 6 project solicitations prepared for open competition at 22 Air Force installations to improve over 15,000 homes. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Air Force should use existing authority to carry 

out solicitations for the 6 military housing projects involving the 

packaging of 22 bases consistent with the goal of improving 15,000 

homes for Air Force personnel and their families by December 31, 

2012. 

SEC. 2857. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND FISHING ON MILITARY INSTALLATIONS. 

It is the sense of the Congress that— 

(1) military installations that permit public access for recreational hunting and fishing should continue to permit such 

hunting and fishing where appropriate; 

(2) permitting the public to access military installations for 

recreational hunting and fishing benefits local communities by 

conserving and promoting the outdoors and establishing positive relations between the civilian and defense sectors; 

(3) any military installations that make recreational hunting 

and fishing permits available for purchase should provide a 

discounted rate for active and retired members of the Armed 

Forces and veterans with disabilities; and 

(4) the Department of Defense, all of the service branches, 

and military installations that permit public access for recreational hunting and fishing should promote access to such installations by making the appropriate accommodations for 

members of the Armed Forces and veterans with disabilities. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS 

MILITARY CONSTRUCTION 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition project. 

Sec. 2903. Authorized Defense Wide Construction and Land Acquisition Projects 

and Authorization of Appropriations. 

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of the Army 

may acquire real property and carry out military construction 

projects for the installations or locations outside the United States, 

and in the amounts, set forth in the following table: 


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Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............................. Bagram Air Base ............................................................. $270,000,000 

Delaram II ....................................................................... $4,400,000 

Dwyer ............................................................................... $74,100,000 

Frontenac ......................................................................... $8,400,000 

Kandahar ......................................................................... $80,400,000 

Maywand ......................................................................... $7,000,000 

Shank .............................................................................. $98,300,000 

Sharana ........................................................................... $12,400,000 

Shindand ......................................................................... $6,100,000 

Tarin Kowt ....................................................................... $29,600,000 

Tombstone/Bastion .......................................................... $112,600,000 

Various locations ............................................................. $100,000,000 

Wolverine ......................................................................... $13,000,000 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) OUTSIDE THE UNITED STATES.—For military construction 

projects outside the United States authorized by subsection (a), 

funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, in the total amount of 

$816,300,000. 

(2) UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS.— 

For unspecified minor military construction projects authorized 

by section 2805 of title 10, United States Code, funds are hereby authorized to be appropriated for fiscal years beginning 

after September 30, 2010, in the total amount of $78,350,000. 

(3) ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION DESIGN.—For architectural and engineering services 

and construction design under section 2807 of title 10, United 

States Code, funds are hereby authorized to be appropriated 

for fiscal years beginning after September 30, 2010, in the total 

amount of $79,716,000. 

(4) OVERSIGHT.—For the Department of Defense Inspector 

General, funds are hereby authorized to be appropriated for 

fiscal years beginning after September 30, 2010, in the total 

amount of $7,000,000. 

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECT. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the installations or locations outside the United States, 

and in the amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Oman ....................................... Al Musannah ................................................................... $69,000,000 

Qatar ....................................... Al Udeid ........................................................................... $63,000,000 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) OUTSIDE THE UNITED STATES.—For military construction 

projects outside the United States authorized by subsection (a), 


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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 CON- STRUCTION DESIGN.—For architectural and engineering services 

and construction design under section 2807 of title 10, United 

States Code, funds are hereby authorized to be appropriated 

for fiscal years beginning after September 30, 2010, in the total 

amount of $13,422,000. 

SEC. 2903. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of Defense may 

acquire real property and carry out military construction projects 

for the Defense Agencies for the installations or locations outside 

the United States, and in the amounts, set forth in the following 

table: 

Defense Wide: Outside the United States 

Country Installation or Location Amount 

Classified Location .................. Classified Project ............................................................ $41,900,000 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) OUTSIDE THE UNITED STATES.—For military construction 

projects outside the United States authorized by subsection (a), 

funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, in the total amount of 

$41,900,000. 

(2) ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION DESIGN.—For architectural and engineering services 

and construction design authorized by section 2807 of title 10, 

United States Code, funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2010, in 

the total amount of $4,600,000. 

TITLE XXX—MILITARY CONSTRUCTION FUNDING 

TABLES 

Sec. 3001. Military construction. 

Sec. 3002. Overseas contingency operations. 

SEC. 3001. MILITARY CONSTRUCTION. 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Alabama 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Army Fort Rucker Aviation Component Maintenance Shop ............................... 29,000 29,000 

Army Fort Rucker Aviation Maintenance Facility ............................................... 36,000 36,000 

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 Range ........................................ 12,200 12,200 

Army Fort Richardson Simulations Center ................................................................ 34,000 34,000 

Army Fort Wainwright Aviation Task Force Complex, Ph 1 Incr 2 ........................... 30,000 0 

Army Fort Wainwright Aviation Task Force Complex, Ph 2A (Hangar) ..................... 142,650 142,650 

Army Fort Wainwright Aviation Task Force Complex, Ph 2B (Company Ops Facility).27,000 27,000 

Army Fort Wainwright Urban Assault Course ........................................................... 3,350 3,350 

California 

Army Fort Irwin Water Treatment and Distro System ..................................... 0 0 

Army Presidio Monterey Advanced Individual Training Barracks ................................ 63,000 63,000 

Army Presidio Monterey General Instruction Building ................................................. 39,000 39,000 

Army Presidio Monterey Satellite Communications Facility ......................................... 38,000 38,000 

Colorado 

Army Fort Carson Automated Sniper Field Fire Range ...................................... 3,650 3,650 

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 Building .................................. 32,000 0 

Army Fort Benning Trainee Barracks, Ph 2 ......................................................... 51,000 51,000 

Army Fort Benning Training Battalion Complex, Ph 2 ......................................... 14,600 14,600 

Army Fort Benning Training Battalion Complex, Ph 2 ......................................... 14,600 14,600 

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 Battle Course ........................... 6,200 6,200 

Army Fort Stewart Automated Multipurpose Machine Gun Range ..................... 9,100 9,100 

Army Fort Stewart Aviation Unit Operations Complex ........................................ 47,000 47,000 

Army Fort Stewart Battalion Complex ................................................................. 18,000 18,000 

Army Fort Stewart General Instruction Building ................................................. 8,200 8,200 

Army Fort Stewart Modified Record Fire Range .................................................. 3,750 3,750 

Army Fort Stewart Simulations Center ................................................................ 26,000 26,000 

Army Fort Stewart Training Aids Center ............................................................. 7,000 7,000 

Hawaii 

Army Fort Shafter Command & Control Facility, Ph 1 ....................................... 58,000 58,000 

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 Center Barracks ................................................................................ 28,000 28,000 

Kansas 

Army Fort Leavenworth Vehicle Maintenance Shop .................................................... 7,100 7,100 

Army Fort Riley Automated Infantry Squad Battle Course ............................. 4,100 4,100 

Army Fort Riley Automated Qualification/Training Range .............................. 14,800 14,800 

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 Range ...................................... 1,500 1,500 

Army Fort Campbell Brigade Complex ................................................................... 67,000 67,000 

Army Fort Campbell Company Operations Facilities .............................................. 25,000 25,000 

Army Fort Campbell Infantry Squad Battle Course ............................................... 0 0 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

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 Terrain Collective Training Facility 12,800 12,800 

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, Ph 2 ......................................... 14,600 14,600 

Army Fort Meade Indoor Firing Range ............................................................... 7,600 7,600 

Army Fort Meade Wideband SATCOM Operations Center .................................. 25,000 25,000 

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 Barracks, Ph 2 ........................ 29,000 29,000 

New Mexico 

Army White Sands Barracks ................................................................................ 29,000 29,000 

New York 

Army Fort Drum Aircraft Fuel Storage Complex .............................................. 14,600 14,600 

Army Fort Drum Aircraft Maintenance Hangar ................................................ 16,500 16,500 

Army Fort Drum Alert Holding Area Facility .................................................... 0 0 

Army Fort Drum Battalion Complex ................................................................. 61,000 61,000 

Army Fort Drum Brigade Complex, Ph 1 ......................................................... 55,000 55,000 

Army Fort Drum Infantry Squad Battle Course ............................................... 8,200 8,200 

Army Fort Drum Railhead Loading Area .......................................................... 0 0 

Army Fort Drum Training Aids Center ............................................................. 18,500 18,500 

Army Fort Drum Transient Training Barracks .................................................. 55,000 55,000 

Army U.S. Military Academy Science Facility, Ph 2 ............................................................ 130,624 130,624 

Army U.S. Military Academy Urban Assault Course ........................................................... 1,700 1,700 

North Carolina 

Army Fort Bragg Battalion Complex ................................................................. 33,000 33,000 

Army Fort Bragg Brigade Complex ................................................................... 41,000 41,000 

Army Fort Bragg Brigade Complex ................................................................... 25,000 25,000 

Army Fort Bragg Brigade Complex ................................................................... 50,000 50,000 

Army Fort Bragg Command and Control Facility ............................................. 53,000 53,000 

Army Fort Bragg Company Operations Facilities .............................................. 12,600 12,600 

Army Fort Bragg Dining Facility ....................................................................... 11,200 11,200 

Army Fort Bragg Murchison Road Right of Way Acquisition ........................... 17,000 17,000 

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 Building ........................................ 13,800 13,800 

Army Fort Sill Museum Operations Support Building .................................. 12,800 0 

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 1 ........................................... 46,000 46,000 

Army Fort Jackson Training Aids Center ............................................................. 17,000 17,000 

Texas 

Army Corpus Christi NAS Rotor Blade Processing Facility, Ph 2 .................................. 0 0 

Army Fort Bliss Automated Multipurpose Machine Gun Range ..................... 6,700 6,700 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Army Fort Bliss Company Operations Facilities .............................................. 18,500 18,500 

Army Fort Bliss Digital Multipurpose Training Range .................................... 22,000 22,000 

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 Shoothouse ............................................... 3,150 3,150 

Army Fort Bliss Scout/Reconnaissance Crew Engagement Gunnery Complex 15,500 15,500 

Army Fort Bliss Squad Defense Range ........................................................... 3,000 3,000 

Army Fort Bliss Theater High Altitude Area Defense Battery Complex .......... 17,500 17,500 

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 Facilities .............................................. 4,300 4,300 

Army Fort Hood Convoy Live Fire .................................................................... 3,200 3,200 

Army Fort Hood Live Fire Exercise Shoothouse ............................................... 2,100 2,100 

Army Fort Hood Soldier Readiness Processing Center .................................... 0 0 

Army Fort Hood Unmanned Aerial System Hangar ......................................... 55,000 55,000 

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 Terrain Collective Training Facility 65,000 65,000 

Army Fort Eustis Warrior in Transition Complex ............................................... 18,000 18,000 

Army Fort Lee Automated Qualification Training Range .............................. 7,700 7,700 

Army Fort Lee Company Operations Facility ................................................. 4,900 4,900 

Army Fort Lee Museum Operations Support Building .................................. 30,000 0 

Army Fort Lee Training Aids Center ............................................................. 5,800 5,800 

Washington 

Army Fort Lewis Barracks ................................................................................ 47,000 47,000 

Army Fort Lewis Barracks Complex .................................................................. 40,000 40,000 

Army Fort Lewis Rappelling Training Area ...................................................... 5,300 5,300 

Army Fort Lewis Regional Logistic Support Complex ...................................... 63,000 63,000 

Army Fort Lewis Regional Logistic Support Complex Warehouse .................... 16,500 16,500 

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 Support Area ................................ 14,800 14,800 

Army Bagram AB Eastside Electrical Distribution ............................................. 10,400 10,400 

Army Bagram AB Eastside Utilities Infrastructure ............................................ 29,000 29,000 

Army Bagram AB Entry Control Point ................................................................ 7,500 7,500 

Army Bagram AB Joint Defense Operations Center ........................................... 2,800 2,800 

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, Incr 2 .................................... 59,500 59,500 

Army Wiesbaden AB Construct New Access Control Point ..................................... 5,100 5,100 

Army Wiesbaden AB Information Processing Center .............................................. 30,400 30,400 

Army Wiesbaden AB Sensitive Compartmented Information Facility ..................... 91,000 91,000 

Honduras 

Army Soto Cano AB Barracks ................................................................................ 20,400 20,400 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Italy 

Army Vicenza Brigade Complex—Barracks/Community, Incr 4 .................. 26,000 26,000 

Army Vicenza Brigade Complex—Operations Support Facility, Incr 4 ....... 25,000 25,000 

Korea 

Army Camp Walker Electrical System Upgrade & Natural Gas System ............... 19,500 19,500 

Unspecified 

Army Troop Trainee Housing Training Barracks .................................................................. 0 0 

Worldwide Unspecified 

Army Unspecified Worldwide Locations Host Nation Support FY 11 ................................................... 28,000 28,000 

Army Unspecified Worldwide Locations Minor Construction FY 11 ..................................................... 23,000 23,000 

Army Unspecified Worldwide Locations Planning and Design FY 11 .................................................. 221,636 221,636 

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 Infrastructure Upgrade .............................. 63,730 63,730 

Navy Yuma Intermediate Maintenance Activity Facility ........................... 21,480 21,480 

Navy Yuma Simulator Facility .................................................................. 36,060 36,060 

Navy Yuma Utilities Infrastructure Upgrades .......................................... 44,320 44,320 

Navy Yuma Van Pad Complex Relocation ................................................ 15,590 15,590 

California 

Navy Camp Pendleton Bachelor Enlisted Quarters—13 Area .................................. 42,864 42,864 

Navy Camp Pendleton Bachelor Enlisted Quarters—Las Flores ............................... 37,020 37,020 

Navy Camp Pendleton Center for Naval Aviation Technical Training/Fleet Replacement Squadron—Aviation Training and Bachelor Enlisted Quarters.

66,110 66,110 

Navy Camp Pendleton Conveyance/Water Treatment ................................................ 100,700 100,700 

Navy Camp Pendleton Marine Aviation Logistics Squadron–39 Maintenance Hangar Expansion.48,230 48,230 

Navy Camp Pendleton Marine Corps Energy Initiative .............................................. 9,950 9,950 

Navy Camp Pendleton North Region Tert Treat Plant (Incremented) ....................... 30,000 30,000 

Navy Camp Pendleton Small Arms Magazine—Edson Range .................................. 3,760 3,760 

Navy Camp Pendleton Truck Company Operations Complex ..................................... 53,490 53,490 

Navy Coronado Maritime Expeditionary Security Group- One (Mesg–1) Consolidated Boat Maintenance Facility.0 0 

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 Expansion ......................................... 66,500 66,500 

Navy Monterey NSA International Academic Instruction Building ........................ 0 0 

Navy San Diego Bachelor Enlisted Quarters, Homeport Ashore ...................... 75,342 75,342 

Navy San Diego Berthing Pier 12 Replace & Dredging, Ph 1 ........................ 108,414 108,414 

Navy San Diego Marine Corps Energy Initiative .............................................. 9,950 9,950 

Navy Twentynine Palms Bachelor Enlisted Quarters & Parking Structure .................. 53,158 53,158 

Connecticut 

Navy New London NSB Submarine Group 2 Headquarters ........................................ 0 0 

Florida 

Navy Blount Island Consolidated Warehouse Facility ........................................... 17,260 17,260 

Navy Blount Island Container Staging and Loading Lot ...................................... 5,990 5,990 

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 Vehicle Paint Facility ........... 2,300 0 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Georgia 

Navy Albany MCLB Maintenance Center Test Firing Range ................................ 0 0 

Navy Kings Bay Security Enclave & Vehicle Barriers ..................................... 45,004 45,004 

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 Facility ............................................... 19,130 19,130 

Navy Pacific Missile Range Facility Replace North Loop Electrical Distribution System .............. 0 0 

Navy Pearl Harbor Center for Disaster Mgt/Humanitarian Assistance ............... 9,140 9,140 

Navy Pearl Harbor Fire Station, West Loch ......................................................... 0 0 

Navy Pearl Harbor Joint Pow/Mia Accounting Command .................................... 99,328 99,328 

Navy Pearl Harbor Pre-Fab Bridge Nohili Ditch .................................................. 0 0 

Navy Pearl Harbor Welding School Shop Consolidation ...................................... 0 0 

Maine 

Navy Portsmouth NSY Consolidation of Structural Shops ........................................ 0 0 

Navy Portsmouth NSY Structural Shops Addition, Ph 1 ........................................... 0 0 

Maryland 

Navy Indian Head Advanced Energetics Research Lab Complex Phase 2 ......... 0 0 

Navy Indian Head Agile Chemical Facility, Ph 2 ................................................ 34,238 34,238 

Navy Patuxent River Atlantic Test Range Addition ................................................ 0 0 

Navy Patuxent River Broad Area Maritime Surveillance & E Facility .................... 42,211 42,211 

Mississippi 

Navy Gulfport Branch Health Clinic ............................................................. 0 0 

North Carolina 

Navy Camp Lejeune 2nd Intel Battalion Maintenance/Ops Complex .................... 90,270 90,270 

Navy Camp Lejeune Armory- II Mef—Wallace Creek ............................................ 12,280 12,280 

Navy Camp Lejeune Bachelor Enlisted Quarters—Courthouse Bay ...................... 42,330 42,330 

Navy Camp Lejeune Bachelor Enlisted Quarters—Courthouse Bay ...................... 40,780 40,780 

Navy Camp Lejeune Bachelor Enlisted Quarters—French Creek .......................... 43,640 43,640 

Navy Camp Lejeune Bachelor Enlisted Quarters—Rifle Range ............................ 55,350 55,350 

Navy Camp Lejeune Bachelor Enlisted Quarters—Wallace Creek ........................ 51,660 51,660 

Navy Camp Lejeune Bachelor Enlisted Quarters—Wallace Creek North .............. 46,290 46,290 

Navy Camp Lejeune Bachelor Enlisted Quarters—Camp Johnson ........................ 46,550 46,550 

Navy Camp Lejeune Explosive Ordnanance Disposal Unit Addition—2nd Marine 

Logistics Group.

7,420 7,420 

Navy Camp Lejeune Hangar ................................................................................... 73,010 73,010 

Navy Camp Lejeune Maintenance Hangar ............................................................. 74,260 74,260 

Navy Camp Lejeune Maintenance/Ops Complex—2nd Air Naval Gunfire Liaison 

Company.

36,100 36,100 

Navy Camp Lejeune Marine Corps Energy Initiative .............................................. 9,950 9,950 

Navy Camp Lejeune Mess Hall—French Creek ..................................................... 25,960 25,960 

Navy Camp Lejeune Mess Hall Addition—Courthouse Bay ................................... 2,553 2,553 

Navy Camp Lejeune Motor Transportation/Communications Maintenance Facility 18,470 18,470 

Navy Camp Lejeune Utility Expansion—Hadnot Point .......................................... 56,470 56,470 

Navy Camp Lejeune Utility Expansion—French Creek .......................................... 56,050 56,050 

Navy Cherry Point Marine Corps 

Air Station 

Bachelor Enlisted Quarters ................................................... 42,500 42,500 

Navy Cherry Point Marine Corps 

Air Station 

Mariners Bay Land Acquisition—Bogue ............................... 3,790 3,790 

Navy Cherry Point Marine Corps 

Air Station 

Missile Magazine ................................................................... 13,420 13,420 

Navy Cherry Point Marine Corps 

Air Station 

Station Infrastructure Upgrades ........................................... 5,800 5,800 

Pennsylvania 

Navy Naval Support Activity Mechanicsburg North Gate Security Improvements ....................................... 0 0 

Navy Naval Support Activity Mechanicsburg Quiet Propulsion Load House ................................................ 0 0 

Rhode Island 

Navy Newport Electromagnetic Facility ........................................................ 27,007 27,007 

Navy Newport Gate Improvements ............................................................... 0 0 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Navy Newport Submarine Payloads Integration Laboratory ......................... 0 0 

South Carolina 

Navy Beaufort Air Installation Compatable Use Zone Land Acquisition ...... 21,190 21,190 

Navy Beaufort Aircraft Hangar ...................................................................... 46,550 46,550 

Navy Beaufort Physical Fitness Center ......................................................... 15,430 15,430 

Navy Beaufort Training and Simulator Facility ............................................ 46,240 46,240 

Texas 

Navy Kingsville NAS Youth Center .......................................................................... 0 0 

Virginia 

Navy Dahlgren Building 1200—Missile Support Facility Replacement 

Phase 1.

0 0 

Navy Norfolk Pier 9 & 10 Upgrades for Ddg 1000 .................................... 2,400 2,400 

Navy Norfolk Pier 1 Upgrades to Berth Usns Comfort ............................... 10,035 10,035 

Navy Portsmouth Ship Repair Pier Replacement, Incr 2 .................................. 100,000 100,000 

Navy Quantico Academic Facility Addition—Staff Non Comissioned Officer 

Academy.

12,080 12,080 

Navy Quantico Bachelor Enlisted Quarters ................................................... 37,810 37,810 

Navy Quantico Research Center Addition—MCU .......................................... 37,920 37,920 

Navy Quantico Student Officer Quarters—the Basic School ........................ 55,822 55,822 

Washington 

Navy Bangor Commander Submarine Development Squadron 5 Laboratory Expansion Ph1.16,170 16,170 

Navy Bangor Limited Area Emergency Power ............................................. 15,810 15,810 

Navy Bangor Waterfront Restricted Area Emergency Power ....................... 24,913 24,913 

Navy Naval Base Kitsap Charleston Gate Ecp Improvements ...................................... 0 0 

Navy Naval Base Kitsap Limited Area Product/Strg Complex (Incremented) ............... 19,116 19,116 

Bahrain Island 

Navy SW Asia Navy Central Command Ammunition Magazines .................. 89,280 89,280 

Navy SW Asia Operations and Support Facilities ........................................ 60,002 60,002 

Navy SW Asia Waterfront Development, Ph 3 .............................................. 63,871 63,871 

Guam 

Navy Guam Anderson AFB North Ramp Parking, Ph 1, Inc 2 ................. 93,588 0 

Navy Guam Anderson AFB North Ramp Utilities, Ph 1, Inc 2 ................. 79,350 0 

Navy Guam Apra Harbor Wharves Improvements, Ph 1 ........................... 40,000 40,000 

Navy Guam Defense Access Roads Improvements ................................... 66,730 66,730 

Navy Guam Finegayan Site Prep and Utilities ......................................... 147,210 0 

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 Operations Center ................................. 28,076 0 

Navy Camp Lemonier Pave External Roads ............................................................. 3,824 3,824 

Worldwide Unspecified 

Navy Unspecified Worldwide Locations Planning and Design ............................................................. 120,050 120,050 

Navy Unspecified Worldwide Locations 

Unspecified Minor Construction ............................................ 20,877 20,877 

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 & Power Plant Boilers ................ 28,000 28,000 

AF Elmendorf AFB Add/Alter Air Support Operations Squadron Training ........... 4,749 4,749 

AF Elmendorf AFB Construct Railhead Operations Facility ................................ 15,000 15,000 

AF Elmendorf AFB Dod Joint Regional Fire Training Facility .............................. 0 0 

AF Elmendorf AFB F–22 Add/Alter Weapons Release Systems Shop ................. 10,525 10,525 

Arizona 

AF Davis-Monthan AFB Aerospace Maintenance and Regeneration Group Hangar ... 25,000 25,000 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

AF Davis-Monthan AFB HC–130 Aerospace Ground Equipment Maintenance Facility 4,600 4,600 

AF Davis-Monthan AFB HC–130J Aerial Cargo Facility .............................................. 10,700 10,700 

AF Davis-Monthan AFB HC–130J Parts Store ............................................................. 8,200 8,200 

AF Fort Huachuca Total Force Integration-Predator Launch and Recovery Element Beddown.11,000 0 

AF Luke AFB F–35 Academic Training Center ........................................... 0 54,150 

AF Luke AFB F–35 Squadron Operations Facility ....................................... 0 10,260 

California 

AF Edwards AFB Flightline Fire Station ............................................................ 0 0 

AF Los Angeles AFB Consolidated Parking Area, Ph 2 .......................................... 0 0 

Colorado 

AF Buckley AFB Land Acquisition .................................................................... 0 0 

AF Buckley AFB Security Forces Operations Facility ....................................... 12,160 12,160 

AF Peterson AFB Rapid Attack Identification Detection Repair System Space 

Control Facility.

24,800 24,800 

AF U.S. Air Force Academy Const Center for Character & Leadership Development ...... 27,600 27,600 

Delaware 

AF Dover AFB C–5M/C–17 Maintenance Training Facility, Ph 2 ................ 3,200 3,200 

District of Columbia 

AF Bolling AFB Joint Air Defense Operations Center ..................................... 13,200 13,200 

Florida 

AF Eglin AFB F–35 Fuel Cell Maintenance Hangar .................................... 11,400 11,400 

AF Hurlburt Field Adal Special Operations School Facility ............................... 6,170 6,170 

AF Hurlburt Field Add to Visiting Quarters (24 Rm) ......................................... 4,500 4,500 

AF Hurlburt Field Base Logistics Facility .......................................................... 24,000 24,000 

AF Patrick AFB Air Force Technical Application Center ................................. 158,009 158,009 

AF Patrick AFB Relocate Main Gate ............................................................... 0 0 

Georgia 

AF Robins AFB 54th Combat Communications Squadron Warehouse Facility, Ph 2.0 0 

Louisiana 

AF Barksdale AFB Weapons Load Crew Training Facility ................................... 18,140 18,140 

Missouri 

AF Whiteman AFB Consolidated Air Ops Facility ................................................ 0 0 

Montana 

AF Malmstrom AFB Physical Fitness Center, Phase II ......................................... 0 0 

Nebraska 

AF Offutt AFB Kenney/Bellevue Gates .......................................................... 0 0 

Nevada 

AF Creech AFB UAS Airfield Fire/Crash Rescue Station ................................ 11,710 11,710 

AF Nellis AFB Communication Network Control Center ............................... 0 0 

AF Nellis AFB F–35 Add/Alter 422 Test Evaluation Squadron Facility ....... 7,870 7,870 

AF Nellis AFB F–35 Add/Alter Flight Test Instrumentation Facility ............ 1,900 1,900 

AF Nellis AFB F–35 Flight Simulator Facility .............................................. 13,110 13,110 

AF Nellis AFB F–35 Maintenance Hangar .................................................... 28,760 28,760 

New Jersey 

AF McGuire AFB Base Ops/Command Post Facility (TFI) ................................ 8,000 8,000 

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 07/25 ........................................... 0 0 

AF Holloman AFB UAS Add/Alter Maintenance Hangar ..................................... 15,470 15,470 

AF Holloman AFB UAS Maintenance Hangar ..................................................... 22,500 22,500 

AF Kirtland AFB Aerial Delivery Facility Addition ............................................ 3,800 3,800 

AF Kirtland AFB Armament Shop ..................................................................... 6,460 6,460 

AF Kirtland AFB H/MC–130 Fuel System Maintenance Facility ...................... 14,142 14,142 

AF Kirtland AFB Military Working Dog Facility ................................................ 0 0 

AF Kirtland AFB Replace Fire Station 3 .......................................................... 0 0 

New York 

AF Fort Drum 20th Air Support Operations Squadron Complex .................. 20,440 20,440 

North Carolina 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

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 Operations Facility ................................ 18,770 18,770 

Oklahoma 

AF Tinker AFB Air Traffic Control Tower ....................................................... 0 0 

AF Tinker AFB Upgrade Building 3001 Infrastructure, Ph 3 ........................ 14,000 14,000 

South Carolina 

AF Charleston AFB Civil Engineer Complex (TFI)—Ph 1 ..................................... 15,000 15,000 

South Dakota 

AF Ellsworth AFB Maintenance Training Facility ............................................... 0 0 

Texas 

AF Dyess AFB C–130J Add/Alter Flight Simulator Facility ........................... 4,080 4,080 

AF Ellington Field Upgrade Unmanned Aerial Vehicle Maintenance Hangar ..... 7,000 0 

AF Lackland AFB Basic Military Training Satellite Classroom/Dining Facility 

No 2.

32,000 32,000 

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 & Info Center ........................... 21,800 21,800 

AF Laughlin AFB Community Event Complex .................................................... 0 0 

AF Randolph AFB Fire Crash Rescue Station .................................................... 0 0 

Utah 

AF Hill AFB Consolidated Transportation Facilities, Phase I ................... 0 0 

AF Hill AFB F–22 T–10 Engine Test Cell ................................................. 2,800 2,800 

AF Hill AFB F–35 Add/Alt Building 118 for Flight Simulator .................. 0 3,600 

AF Hill AFB F–35 Add/Alt Hangar 45W/AMU ............................................ 0 6,500 

AF Hill AFB F–35A Modular Storage Magazine ........................................ 0 2,000 

Virginia 

AF Langley AFB F–22 Add/Alter Hangar Bay Lo/Cr Facility ............................ 8,800 8,800 

Washington 

AF Fairchild AFB Precision Measurement Equipment Laboratory (Pmel) Facility.0 0 

AF Mcchord AFB Chapel Center ........................................................................ 0 0 

Wyoming 

AF Camp Guernsey Nuclear/Space Security Tactics Training Center ................... 4,650 4,650 

Afghanistan 

AF Bagram AFB Consolidated Rigging Facility ............................................... 9,900 9,900 

AF Bagram AFB Fighter Hangar ...................................................................... 16,480 16,480 

AF Bagram AFB Medevac Ramp Expansion/Fire Station ................................. 16,580 16,580 

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 Simulator Facility .......................... 8,800 8,800 

AF Ramstein AB Deicing Fluid Storage & Dispensing Facility ........................ 2,754 2,754 

AF Ramstein AB Unmanned Aerial System Satellite Communication Relay 

Pads & Facility.

10,800 10,800 

AF Vilseck Air Support Operations Squadron Complex ........................... 12,900 12,900 

Guam 

AF Andersen AFB Combat Communications Operations Facility ....................... 9,200 9,200 

AF Andersen AFB Commando Warrior Open Bay Student Barracks .................. 11,800 11,800 

AF Andersen AFB Guam Strike Ops Group & Tanker Task Force ...................... 9,100 9,100 

AF Andersen AFB Guam Strike South Ramp Utilities, Ph 1 .............................. 12,200 12,200 

AF Andersen AFB Red Horse Headquarters/Engineering Facility ....................... 8,000 8,000 

Italy 

AF Aviano AFB Air Support Operations Squadron Facility ............................. 10,200 10,200 

AF Aviano AFB Dormitory (144 Rm) ............................................................... 19,000 19,000 

Korea 

AF Kunsan AFB Construct Distributed Mission Training Flight Simulator Facility.7,500 7,500 

Qatar 

AF Al Udeid Blatchford-Preston Complex Ph 3 ......................................... 62,300 62,300 

United Kingdom 


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(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

AF Royal Air Force Mildenhall Extend Taxiway Alpha ............................................................ 15,000 15,000 

Worldwide Unspecified 

AF Unspecified Worldwide Locations F–35 Academic Training Center ........................................... 54,150 0 

AF Unspecified Worldwide Locations F–35 Flight Simulator Facility .............................................. 12,190 0 

AF Unspecified Worldwide Locations Planning & Design ................................................................ 66,336 66,336 

AF Unspecified Worldwide Locations Unspecified Minor Construction—FY11 ................................ 18,000 18,000 

AF Various Worldwide Locations F–35 Squadron Operations Facility ....................................... 10,260 0 

Total Military Construction, Air Force 1,311,385 1,293,295 

Arizona 

Def-Wide Marana Special Operations Forces Parachute Training Facility ........ 0 0 

Def-Wide Yuma Special Operations Forces Military Free Fall Simulator ........ 8,977 8,977 

California 

Def-Wide Point Loma Annex Replce Storage Facility, Incr 3 .............................................. 20,000 20,000 

Def-Wide Point Mugu Aircraft Direct Fueling Station .............................................. 3,100 3,100 

Colorado 

Def-Wide Fort Carson Special Operations Forces Tactical Unmanned Aerial Vehicle Hangar.3,717 3,717 

District of Columbia 

Def-Wide Bolling AFB Replace Parking Structure, Ph 1 .......................................... 3,000 3,000 

Florida 

Def-Wide Eglin AFB Special Operations Forces Ground Support Battalion Detachment.6,030 6,030 

Georgia 

Def-Wide Augusta National Security Agency/Central Security Service Georgia 

Training Facility.

12,855 12,855 

Def-Wide Fort Benning Dexter Elementary School Construct Gym ............................. 2,800 2,800 

Def-Wide Fort Benning Special Operations Forces Company Support Facility .......... 20,441 20,441 

Def-Wide Fort Benning Special Operations Forces Military Working Dog Kennel 

Complex.

3,624 3,624 

Def-Wide Fort Stewart Health Clinic Addtion/Alteration ............................................ 35,100 35,100 

Def-Wide Hunter Angs Fuel Unload Facility ............................................................... 2,400 2,400 

Def-Wide Hunter Army Airfield Special Operations Forces Tactical Equipment Maintenance 

Facility Expansion.

3,318 3,318 

Hawaii 

Def-Wide Hickam AFB Alter Fuel Storage Tanks ....................................................... 8,500 8,500 

Def-Wide Pearl Harbor Naval Special Warfare Group 3 Command and Operations 

Facility.

28,804 28,804 

Idaho 

Def-Wide Mountain Home AFB Replace Fuel Storage Tanks .................................................. 27,500 27,500 

Illinois 

Def-Wide Scott Air Force Base Field Command Facility Upgrade .......................................... 1,388 1,388 

Kentucky 

Def-Wide Fort Campbell Landgraf Hangar Addition, 160th Soar ................................ 0 0 

Def-Wide Fort Campbell Special Operations Forces Battalion Ops Complex ............... 38,095 38,095 

Maryland 

Def-Wide Aberdeen Proving Ground US Army Medical Research Institue of Infectious Diseases 

Replacement, Inc 3.

105,000 105,000 

Def-Wide Andrews AFB Replace Fuel Storage & Distribution Facility ........................ 14,000 14,000 

Def-Wide Bethesda Naval Hospital National Naval Medical Center Parking Expansion .............. 17,100 17,100 

Def-Wide Bethesda Naval Hospital Transient Wounded Warrior Lodging ..................................... 62,900 62,900 

Def-Wide Fort Detrick Consolidated Logistics Facility .............................................. 23,100 23,100 

Def-Wide Fort Detrick Information Services Facility Expansion ............................... 4,300 4,300 

Def-Wide Fort Detrick National Interagency Biodefense Campus Security Fencing 

and Equipment.

2,700 2,700 

Def-Wide Fort Detrick Supplemental Water Storage ................................................. 3,700 3,700 


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(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Def-Wide Fort Detrick US Army Medical Research Institue of Infectious Diseases—Stage I, Inc 5.17,400 17,400 

Def-Wide Fort Detrick Water Treatment Plant Repair & Supplement ...................... 11,900 11,900 

Def-Wide Fort Meade North Campus Utility Plant, Incr 1 ....................................... 219,360 219,360 

Massachusetts 

Def-Wide Hanscom AFB Mental Health Clinic Addition ............................................... 2,900 2,900 

Mississippi 

Def-Wide Stennis Space Center SOF Western Maneuver Area (Phase II) ................................ 0 0 

Def-Wide Stennis Space Center SOF Western Maneuver Area (Phase III) ............................... 0 0 

Def-Wide Stennis Space Center Special Operations Forces Land Acquisition, Ph 3 ............... 0 0 

New Mexico 

Def-Wide Cannon AFB Special Operations Forces Add/Alt Simulator Facility for 

MC–130.

13,287 13,287 

Def-Wide Cannon AFB Special Operations Forces Aircraft Parking Apron (MC– 

130J).

12,636 12,636 

Def-Wide Cannon AFB Special Operations Forces C–130 Parking Apron Phase I ... 26,006 26,006 

Def-Wide Cannon AFB Special Operations Forces Hangar/AMU (MC–130J) ............. 24,622 24,622 

Def-Wide Cannon AFB Special Operations Forces Operations and Training Complex.39,674 39,674 

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 School Replace School ............. 16,646 16,646 

Def-Wide Fort Bragg Mcnair Elementry School—Replace School .......................... 23,086 23,086 

Def-Wide Fort Bragg Murray Elementry School—Replace School .......................... 22,000 22,000 

Def-Wide Fort Bragg SOF Baffle Containment for Range 19C ............................... 0 0 

Def-Wide Fort Bragg SOF Medical Support Addition .............................................. 0 0 

Def-Wide Fort Bragg Special Operations Forces Admin/Company Operations ....... 10,347 10,347 

Def-Wide Fort Bragg Special Operations Forces C4 Facility .................................. 41,000 41,000 

Def-Wide Fort Bragg Special Operations Forces Joint Intelligence Brigade Facility.32,000 32,000 

Def-Wide Fort Bragg Special Operations Forces Operational Communications Facility.11,000 11,000 

Def-Wide Fort Bragg Special Operations Forces Operations Additions .................. 15,795 15,795 

Def-Wide Fort Bragg Special Operations Forces Operations Support Facility ........ 13,465 13,465 

Ohio 

Def-Wide Columbus Replace Public Safety Facility ............................................... 7,400 7,400 

Pennsylvania 

Def-Wide Def Distribution Depot New 

Cumberland 

Replace Headquarters Facility .............................................. 96,000 96,000 

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 Cybersecurity Initiative Data Center Increment 2.398,358 398,358 

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 Screening Facility .................. 6,473 6,473 

Def-Wide Pentagon Power Plant Modernization, Ph 3 .......................................... 51,928 51,928 

Def-Wide Pentagon Secure Access Lane-Remote Vehicle Screening .................... 4,923 4,923 

Def-Wide Quantico New Consolidated Elemetary School ..................................... 47,355 47,355 

Washington 

Def-Wide Fort Lewis Preventive Medicine Facility .................................................. 8,400 8,400 

Def-Wide Fort Lewis Special Operations Forces Military Working Dogs Kennel .... 0 0 

Belgium 

Def-Wide Brussels NATO Headquarters Facility ................................................... 31,863 31,863 

Def-Wide Brussels Replace Shape Middle School/High School ........................... 67,311 67,311 

Germany 

Def-Wide Katterbach Health/Dental Clinic Replacement ........................................ 37,100 37,100 

Def-Wide Panzer Kaserne Replace Boeblingen High School .......................................... 48,968 48,968 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

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-Separators ............................................... 3,000 3,000 

Def-Wide Misawa AB Hydrant Fuel System ............................................................. 31,000 31,000 

Korea 

Def-Wide Camp Carroll Health/Dental Clinic Replacement ........................................ 19,500 19,500 

Qatar 

Def-Wide Al Udeid Qatar Warehouse ................................................................... 1,961 1,961 

Puerto Rico 

Def-Wide Fort Buchanan Antilles Elementry School/Intermediate School—Replace 

School.

58,708 58,708 

United Kingdom 

Def-Wide Menwith Hill Station Menwith Hill Station PSC Construction—Generators 10 & 

11.

2,000 2,000 

Def-Wide Royal Air Force Alconbury Alconbury Elementry School Replacement ............................ 30,308 30,308 

Def-Wide Royal Air Force Mildenhall Replace Hydrant Fuel Distribution System ........................... 15,900 15,900 

Various Locations 

Def-Wide Unspecified Worldwide Locations General Reduction ................................................................. 0 0 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide Locations Contingency Construction ...................................................... 10,000 10,000 

Def-Wide Unspecified Worldwide Locations 

Energy Conservation Investment Program ............................ 120,000 120,000 

Def-Wide Unspecified Worldwide Locations Planning and Design (DODEA) .............................................. 79,763 79,763 

Def-Wide Unspecified Worldwide Locations Planning and Design (DSS) .................................................. 1,988 1,988 

Def-Wide Unspecified Worldwide Locations Planning and Design (NSA) .................................................. 28,239 28,239 

Def-Wide Unspecified Worldwide Locations Planning and Design (SOCOM) ............................................. 30,836 30,836 

Def-Wide Unspecified Worldwide Locations Planning and Design (TMA) .................................................. 230,300 230,300 

Def-Wide Unspecified Worldwide Locations Planning and Design (Undistributed) ................................... 54,221 54,221 

Def-Wide Unspecified Worldwide Locations Planning and Design (WHS) .................................................. 6,270 6,270 

Def-Wide Unspecified Worldwide Locations Planning and Design-ECIP .................................................... 0 0 

Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction (DODEA) ............................. 13,841 13,841 

Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction (JCS) ................................... 8,210 8,210 

Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction (TMA) .................................. 4,884 4,884 

Def-Wide Unspecified Worldwide Locations 

Unspecified Minor Construction (Undistributed) ................... 3,000 3,000 

Def-Wide Various Worldwide Locations Unspecified Minor Construction (DLA) .................................. 5,258 5,258 

Def-Wide Various Worldwide Locations Unspecified Minor Construction (SOCOM) ............................. 7,663 7,663 

Total Military Construction, Defense-Wide 3,118,062 3,048,062 

Colorado 

Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph 12 ........................ 65,569 65,569 

Kentucky 

Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph 11 ...................................... 59,402 59,402 

Total Chemical Demilitarization Construction, Defense 124,971 124,971 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Worldwide Unspecified 

NATO NATO Security Investment 

Program 

NATO Security Investment Program ...................................... 258,884 258,884 

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 Shop .................................. 30,000 30,000 

Army NG Fort Chaffee Combined Arms Collective Training Facility ......................... 19,000 19,000 

Army NG Fort Chaffee Convoy Live Fire/Entry Control Point Range ......................... 0 0 

Army NG Fort Chaffee Live Fire Shoot House ............................................................ 2,500 2,500 

California 

Army NG Camp Roberts Combined Arms Collective Training Facility ......................... 19,000 19,000 

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 Training Site/Army Aviation 

Support Facility.

39,000 39,000 

Army NG Watkins Parachute Maintenance Facility ............................................ 0 0 

Army NG Windsor Readiness Center .................................................................. 7,500 7,500 

Connecticut 

Army NG Windsor Locks Readiness Center (Aviation) .................................................. 41,000 41,000 

Delaware 

Army NG New Castle Armed Forces Reserve Center(JFHQ) ..................................... 27,000 27,000 

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 Shop .................................. 38,000 38,000 

Idaho 

Army NG Gowen Field Barracks (Operational Readiness Training Complex) Ph1 .... 17,500 17,500 

Army NG Mountain Home Tactical Unmanned Aircraft System Facility ......................... 6,300 6,300 

Illinois 

Army NG Marseilles TA Simulation Center .................................................................. 0 0 

Army NG Springfield Combined Support Maintenance Shop Add/Alt ..................... 15,000 15,000 

Iowa 

Army NG Camp Dodge Combined Arms Collective Training Facility ......................... 0 0 

Kansas 

Army NG Topeka Army Aviation Support Facility Taxiway, Parking Ramps and Hanger Alterations ................ 0 0 

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 System Facility ......................... 5,500 5,500 

Army NG Minden Readiness Center .................................................................. 28,000 28,000 

Maryland 

Army NG St. Inigoes Tactical Unmanned Aircraft System Facility ......................... 5,500 5,500 

Massachusetts 

Army NG Hanscom AFB Armed Forces Reserve Center(JFHQ)Ph2 ............................... 23,000 23,000 

Michigan 

Army NG Camp Grayling Range Barracks Replacement, Phase Ii ........................................... 0 0 

Army NG Camp Grayling Range Combined Arms Collective Training Facility ......................... 19,000 19,000 

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 


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(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Army NG Camp Ripley Tactical Unmanned Aircraft System Facility ......................... 4,450 4,450 

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 Shop ...................................... 0 0 

New Hampshire 

Army NG Pembroke Barracks Facility (Regional Training Institute) ..................... 15,000 15,000 

Army NG Pembroke Classroom Facility (Regional Training Institute) .................. 21,000 21,000 

New Mexico 

Army NG Farmington Readiness Center Add/Alt ..................................................... 8,500 8,500 

New York 

Army NG Ronkonkoma Flightline Rehabilitation ........................................................ 0 0 

North Carolina 

Army NG High Point Readiness Center Add/Alt ..................................................... 1,551 1,551 

Army NG Morrisville Aasf 1 Fixed Wing Aircraft Hangar Annex ............................ 0 0 

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 & Fiscal Office ................................. 27,000 27,000 

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 Pistol Qualification Course ............... 2,500 2,500 

Army NG Camp Swift Urban Assault Course ........................................................... 2,600 2,600 

Washington 

Army NG Tacoma Combined Support Maintenance Shop .................................. 25,000 25,000 

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 Ph1 ...................................... 19,000 19,000 

Puerto Rico 

Army NG Camp Santiago Live Fire Shoot House ............................................................ 3,100 3,100 

Army NG Camp Santiago Multipurpose Machine Gun Range ........................................ 9,200 9,200 

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 Locations Planning & Design ................................................................ 25,663 25,663 

Army NG Unspecified Worldwide Locations Unspecified Minor Construction ............................................ 11,400 11,400 

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 Tactical Equipment Maint 

Facility.

22,000 22,000 

Army Res Fort Hunter Liggett Equipment Concentration Site Warehouse ............................ 15,000 15,000 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Army Res Fort Hunter Liggett Grenade Launcher Range ...................................................... 1,400 1,400 

Army Res Fort Hunter Liggett Hand Grenade Familiarization Range (Live) ......................... 1,400 1,400 

Army Res Fort Hunter Liggett Light Demolition Range ......................................................... 2,700 2,700 

Army Res Fort Hunter Liggett Tactical Vehicle Wash Rack .................................................. 9,500 9,500 

Florida 

Army Res North Fort Myers Army Reserve Center/Land .................................................... 13,800 13,800 

Army Res Orlando Army Reserve Center/Land .................................................... 10,200 10,200 

Army Res Tallahassee Army Reserve Center/Land .................................................... 10,400 10,400 

Georgia 

Army Res Macon Army Reserve Center/Land .................................................... 11,400 11,400 

Illinois 

Army Res Quincy Army Reserve Center/Land .................................................... 12,200 12,200 

Army Res Rockford Usarc Army Reserve Center ............................................................. 0 0 

Indiana 

Army Res Michigan City Army Reserve Center/Land .................................................... 15,500 15,500 

Iowa 

Army Res Des Moines Army Reserve Center ............................................................. 8,175 8,175 

Massachusetts 

Army Res Devens Reserve Forces 

Training Area 

Automated Record Fire Range .............................................. 4,700 4,700 

Missouri 

Army Res Belton Army Reserve Center ............................................................. 11,800 11,800 

New Jersey 

Army Res Fort Dix Automated Multipurpose Machine Gun Range ..................... 0 0 

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 1 ........................................... 9,800 9,800 

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 Locations Planning and Design ............................................................. 25,900 25,900 

Army Res Unspecified Worldwide Locations Unspecified Minor Construction ............................................ 3,000 3,000 

Total Military Construction, Army Reserve 318,175 318,175 

California 

N/MC Res Twentynine Palms Tank Vehicle Maintenance Facility ........................................ 5,991 5,991 

Louisiana 

N/MC Res New Orleans Joint Air Traffic Control Facility ............................................ 16,281 16,281 

Virginia 

N/MC Res Williamsburg Navy Ordnance Cargo Logistics Training Camp ................... 21,346 21,346 

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 Locations Mcnr Unspecified Minor Construction ................................... 2,238 2,238 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

N/MC Res Unspecified Worldwide Locations Planning and Design ............................................................. 1,857 1,857 

Total Military Construction, Naval Reserve 61,557 61,557 

Alabama 

Air NG Montgomery Regional Airport (ANG) Base Fuel Cell and Corrosion Control Hangar ............................... 7,472 7,472 

Air NG Montgomery Regional Airport (ANG) Base Replace Squad Ops Facility .................................................. 0 0 

Alaska 

Air NG Eielson AFB Add/Alter Communications Facility ....................................... 0 0 

Arizona 

Air NG Davis Monthan AFB TFI—Predator FOC—Increased Mission Orbit Tasking ........ 4,650 4,650 

Air NG Fort Huachuca Total Force Integration—Predator Launch and Recovery 

Element Beddown.

0 11,000 

Arkansas 

Air NG Little Rock AFB Fuel Cell and Corrosion Control Hangar ............................... 0 0 

Colorado 

Air NG Buckely AFB Taxiway Juliet and Lima ........................................................ 0 0 

Delaware 

Air NG New Castle County Airport C–130 Aircraft Maintenance Shops (Phase III) .................... 0 0 

Air NG New Castle County Airport Joint Forces Operations Center-ANG Share ........................... 1,500 1,500 

Florida 

Air NG Jacksonville IAP Security Forces Training Facility ........................................... 6,700 6,700 

Georgia 

Air NG Savannah/Hilton Head IAP Relocate Air Supt Opers Sqdn (Asos) Fac ............................ 7,450 7,450 

Hawaii 

Air NG Hickam AFB F–22 Beddown Intrastructure Support .................................. 5,950 5,950 

Air NG Hickam AFB F–22 Hangar, Squadron Operations and AMU ..................... 48,250 48,250 

Air NG Hickam AFB F–22 Upgrade Munitions Complex ........................................ 17,250 17,250 

Illinois 

Air NG Capital Map CNAF Beddown-Upgrade Facilities ........................................ 16,700 16,700 

Indiana 

Air NG Hulman Regional Airport Asos Beddown-Upgrade Facilities ......................................... 4,100 4,100 

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 Training Facility .......................... 11,400 11,400 

Massachusetts 

Air NG Barnes ANGB Add to Aircraft Maintenance Hangar .................................... 0 0 

Air NG Barnes Municipal Airport Additions and Renovations to Building 15 ........................... 0 0 

Michigan 

Air NG Alpena Combat Readiness 

Training Center 

Replace Troop Quarters, Phase II ......................................... 0 0 

Minnesota 

Air NG Duluth Load Crew Training and Weapon Release Shops ................. 0 0 

New Jersey 

Air NG 177th Fighter Wing, Atlantic City Fuel Cell and Corrosion Control Hanger ............................... 0 0 

Air NG Atlantic City IAP Fuel Cell and Corrosion Control Hangar ............................... 0 0 

New York 

Air NG Fort Drum Reaper Infrastructure Support .............................................. 2,500 2,500 

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 Complex .......................................... 0 0 

Air NG Toledo Express Airport Replace Security Forces Complex .......................................... 0 0 

Oregon 

Air NG Kingsley Field ANG Base Replace Fire Station .............................................................. 0 0 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Pennsylvania 

Air NG State College Angs Add to and Alter AOS Facility ............................................... 4,100 4,100 

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 

Guard Base 

Replace Operations and Training ......................................... 0 0 

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 Facilities ....................................... 5,500 5,500 

Texas 

Air NG Ellington Field Upgrade Unmanned Aerial Vehicle Maintenance Hangar ..... 0 7,000 

Vermont 

Air NG Burlington International 

Airport 

Upgrade Taxiways and Replace Arm/Disarm Pads ............... 0 0 

West Virginia 

Air NG Yeager AFB Communications Training Fac. ............................................. 0 0 

Air NG Yeager AFB Force Protection/Antiterrorism ............................................... 0 0 

Wisconsin 

Air NG General Mitchell International Airport Replace Fire Station .............................................................. 0 0 

Unspecified 

Air NG Varlocs Varlocs ................................................................................... 0 0 

Worldwide Unspecified 

Air NG Unspecified Worldwide Locations Minor Construction ................................................................ 8,000 8,000 

Air NG Unspecified Worldwide Locations Planning & Design ................................................................ 9,214 9,214 

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 Facility, Ph 1 .......................... 0 0 

Unspecified 

AF Res Varlocs Varlocs ................................................................................... 0 0 

Worldwide Unspecified 

AF Res Unspecified Worldwide Locations Planning and Design ............................................................. 1,653 1,653 

AF Res Various Worldwide Locations Unspecified Minor Construction ............................................ 2,759 2,759 

Total Military Construction, Air Force Reserve 7,832 7,832 

Alaska 

FH Con Army Fort Wainwright Family Housing Replacement Constrution (110 Units) ........ 21,000 21,000 

Germany 

FH Con Army Baumholder Family Housing Replacement Construction (64 Units) ......... 34,329 34,329 

Worldwide Unspecified 

FH Con Army Unspecified Worldwide Locations Construction Improvements (235 Units) ............................... 35,000 35,000 

FH Con Army Unspecified Worldwide Locations Family Housing Planning & Design ...................................... 2,040 2,040 

Total, Family Housing Construction, Army 92,369 92,369 

Worldwide Unspecified 

FH Ops Army Unspecified Worldwide Locations Leasing .................................................................................. 203,184 203,184 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

FH Ops Army Unspecified Worldwide Locations Maintenance of Real Property ............................................... 120,899 120,899 

FH Ops Army Unspecified Worldwide Locations Miscellaneous Account .......................................................... 1,201 1,201 

FH Ops Army Unspecified Worldwide Locations Operations ............................................................................. 96,142 96,142 

FH Ops Army Unspecified Worldwide Locations Privatization Support Costs ................................................... 27,059 27,059 

FH Ops Army Unspecified Worldwide Locations Utilities Account .................................................................... 69,655 69,655 

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 Locations Classified Project .................................................................. 50 0 

FH Con AF Unspecified Worldwide Locations Construction Improvments .................................................... 73,750 73,800 

Total, Family Housing Construction, Air Force 73,800 73,800 

Worldwide Unspecified 

FH Con Navy Unspecified Worldwide Locations Design .................................................................................... 3,255 3,255 

FH Con Navy Unspecified Worldwide Locations Improvements ........................................................................ 146,020 146,020 

Total Family Housing Construction, Navy And Marine Corps 149,275 149,275 

Worldwide Unspecified 

FH Con AF Unspecified Worldwide Locations Planning & Design ................................................................ 4,225 4,225 

Total Family Housing Construction, Air Force 4,225 4,225 

Worldwide Unspecified 

FH Ops Navy Unspecified Worldwide Locations Furnishings Account .............................................................. 14,478 14,478 

FH Ops Navy Unspecified Worldwide Locations Leasing .................................................................................. 97,484 97,484 

FH Ops Navy Unspecified Worldwide Locations Maintenance of Real Property ............................................... 87,134 87,134 

FH Ops Navy Unspecified Worldwide Locations Management Account ............................................................ 63,551 63,551 

FH Ops Navy Unspecified Worldwide Locations Miscellaneous Account .......................................................... 464 464 

FH Ops Navy Unspecified Worldwide Locations Privatization Support Costs ................................................... 26,526 26,526 

FH Ops Navy Unspecified Worldwide Locations Services Account ................................................................... 16,790 16,790 

FH Ops Navy Unspecified Worldwide Locations Utilities Account .................................................................... 59,919 59,919 

Total Family Housing Operation And Maintenance, Navy And Marine Corps 366,346 366,346 

Worldwide Unspecified 

FH Ops AF Unspecified Worldwide Locations Furnishings Account .............................................................. 35,399 35,399 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

FH Ops AF Unspecified Worldwide Locations Housing Privatization ............................................................ 53,903 53,903 

FH Ops AF Unspecified Worldwide Locations Leasing .................................................................................. 95,143 95,143 

FH Ops AF Unspecified Worldwide Locations Leasing Account .................................................................... 528 528 

FH Ops AF Unspecified Worldwide Locations Maintenance .......................................................................... 159,725 159,725 

FH Ops AF Unspecified Worldwide Locations Maintenance Account ............................................................ 1,971 1,971 

FH Ops AF Unspecified Worldwide Locations Management Account ............................................................ 1,561 1,561 

FH Ops AF Unspecified Worldwide Locations Management Account ............................................................ 54,633 54,633 

FH Ops AF Unspecified Worldwide Locations Miscellaneous Account .......................................................... 1,710 1,710 

FH Ops AF Unspecified Worldwide Locations Services Account ................................................................... 19,974 19,974 

FH Ops AF Unspecified Worldwide Locations Utilities Account .................................................................... 89,245 89,245 

Total Family Housing Operation And Maintenance, Air Force 513,792 513,792 

Worldwide Unspecified 

FH Ops DW Unspecified Worldwide Locations Furnishings Account .............................................................. 4,501 4,501 

FH Ops DW Unspecified Worldwide Locations Furnishings Account .............................................................. 18 18 

FH Ops DW Unspecified Worldwide Locations Leasing .................................................................................. 10,293 10,293 

FH Ops DW Unspecified Worldwide Locations Leasing .................................................................................. 34,124 34,124 

FH Ops DW Unspecified Worldwide Locations Maintenance of Real Property ............................................... 707 707 

FH Ops DW Unspecified Worldwide Locations Maintenance of Real Property ............................................... 70 70 

FH Ops DW Unspecified Worldwide Locations Management Account ............................................................ 365 365 

FH Ops DW Unspecified Worldwide Locations Operations ............................................................................. 50 50 

FH Ops DW Unspecified Worldwide Locations Services Account ................................................................... 29 29 

FH Ops DW Unspecified Worldwide Locations Utilities Account .................................................................... 10 10 

FH Ops DW Unspecified Worldwide Locations Utilities Account .................................................................... 297 297 

Total Family Housing Operation And Maintenance, Defense-Wide 50,464 50,464 

Worldwide Unspecified 

HOAP Unspecified Worldwide Locations Homeowers Assistance Program ........................................... 16,515 16,515 

Total Homeowners Assistance Fund 16,515 16,515 

Worldwide Unspecified 

FHIF Unspecified Worldwide Locations Family Housing Improvement Fund ....................................... 1,096 1,096 

Total DOD Family Housing Improvement Fund 1,096 1,096 

Maryland 

BRAC 05 Bethesda (Wrnmmc) Defense Access Roads—Medical Center Entrance .............. 20,000 20,000 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

BRAC 05 Bethesda (Wrnmmc) Traffic Mitigation, Incr 2 ....................................................... 7,600 7,600 

Texas 

BRAC 05 Fort Sam Houston San Antonio Military Medical Center (North), Incr 4 ............ 93,941 93,941 

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 Locations Rescission .............................................................................. 0 0 

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 Change of Station ................. 1,456 1,456 

BRAC 05 Various Military Personnel Permanent Change of Station ................. 1,277 1,277 

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 & Closure, Air Force Base Realignment & Closure ................................................ 124,874 124,874 

BRAC IV Base Realignment & Closure, Army Base Realignment & Closure ................................................ 73,600 73,600 

BRAC IV Base Realignment & Closure, Navy Base Realignment & Closure ................................................ 162,000 162,000 

Total Base Realignment and Closure Account 1990 360,474 360,474 

Unspecified 

GR Unspecified Worldwide Locations General Reductions ............................................................... 0 0 

Total General Reductions 0 

Total Military Construction 18,747,368 18,190,547 

SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

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 Support Area ................................ 0 0 

Army Bagram AFB Consolidated Laboratory ........................................................ 0 13,800 

Army Bagram AFB Counter-Improvised Explosive Device Task Force Compound 24,000 24,000 

Army Bagram AFB Detention Facility in Parwan Detainee Housing ................... 23,000 0 

Army Bagram AFB Dining Facility ....................................................................... 2,650 6,000 

Army Bagram AFB Eastside Electrical Distribution ............................................. 0 0 


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SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Army Bagram AFB Eastside Utilities Infrastructure ............................................ 0 0 

Army Bagram AFB Entry Control Point ................................................................ 0 0 

Army Bagram AFB Joint Defense Operations Center ........................................... 0 0 

Army Bagram AFB Military Police HQ .................................................................. 2,800 5,500 

Army Bagram AFB Replace Temporary Guard Towers ......................................... 5,500 5,500 

Army Bagram AFB Role III Hospital ..................................................................... 35,000 42,000 

Army Bagram AFB Tanker Truck Off-Load Facility .............................................. 5,700 0 

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 Access Roads ................................. 0 4,400 

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 Facility .............................................. 16,000 16,000 

Army Frontenac Waste Management Complex ................................................ 4,200 4,200 

Army Frontenac Wastewater Treatment Facility .............................................. 4,200 4,200 

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 Joint Operations Center .............. 6,000 9,200 

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 Facility .............................................. 7,000 7,000 

Army Shank Ammunition Supply Point ...................................................... 25,000 23,000 

Army Shank Electrical Utility Systems, Ph 2 ............................................ 0 6,400 

Army Shank Expand Extended Cooperation Programme 1 and Extended 

Cooperation Programme 2.

16,000 16,000 

Army Shank Guard Towers ......................................................................... 2,400 5,200 

Army Shank Roads and Utilities, Ph 1 ..................................................... 8,000 25,000 

Army Shank Special Operations Forces Parking Apron ............................. 0 15,000 

Army Shank Wastewater Treatment Plant ................................................. 0 7,700 

Army Sharana Bulk Materials Transfer Station ............................................ 12,400 12,400 

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 Taxiway, Ph 2 .............................. 24,000 24,000 

Army Tarin Kowt Wastewater Treatment Facility .............................................. 4,200 5,600 

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 Expansion ............................... 0 14,200 

Army Tombstone/Bastion Wastewater Treatment Facility .............................................. 13,000 13,000 

Army Various Locations Air Pollution Abatement ........................................................ 0 0 

Army Various Locations Community Facilities ............................................................. 0 0 

Army Various Locations Hospital and Medical Facilities ............................................ 0 0 

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 


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SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and Installation Project Title Budget 

Request Agreement 

Army Wolverine Wastewater Treatment Facility .............................................. 13,000 13,000 

Worldwide Unspecified 

Army Unspecified Worldwide Locations Minor Construction ................................................................ 78,330 78,330 

Army Unspecified Worldwide Locations Planning & Design ................................................................ 89,716 79,716 

Army Unspecified Worldwide Locations Rescission (Public Law 111–117) ........................................ 0 0 

Army Unspecified Worldwide Locations Transfer to DOD Inspector General ....................................... 0 7,000 

Total Military Construction, Army 929,996 981,346 

Bahrain Island 

Navy Sw Asia Navy Central Command Ammunition Magazines .................. 0 0 

Navy Sw Asia Operations & Support Facilities ............................................ 0 0 

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 Facility ............................................... 0 0 

AF Bagram AFB Fighter Hanger ....................................................................... 0 0 

AF Bagram AFB Medevac Ramp Expansion/Fire Station ................................. 0 0 

AF Kandahar Expand Cargo Handling Area ................................................ 7,100 0 

AF Kandahar Expeditionary Airlift Shelter ................................................... 7,400 0 

AF Sharana Runway .................................................................................. 35,000 0 

AF Shindand Passenger & Cargo Terminal ................................................ 15,800 0 

AF Tombstone/Bastion Expand Fuels Operations and Storage .................................. 2,500 0 

AF Tombstone/Bastion Parallel Taxiway ..................................................................... 86,000 0 

AF Tombstone/Bastion Refueler Apron ....................................................................... 55,000 0 

AF Various Locations Maintenance and Production Facilities ................................. 0 0 

AF Various Locations Operational Facilities ............................................................ 0 0 

AF Various Locations Supply Facilities .................................................................... 0 0 

AF Warrior Runway .................................................................................. 8,700 0 

Bahrain Island 

AF Sw Asia North Apron Expansion .......................................................... 0 0 

Oman 

AF AL Musannah Airlift Ramp & Fuel Facilities ............................................... 0 69,000 

Qatar 

AF AL Udeid Blatchford-Preston Complex, Ph 3 ........................................ 0 0 

AF AL Udeid Tactical Ramp/Vehicle Maintenance Facility ........................ 0 63,000 

Worldwide Unspecified 

AF Unspecified Worldwide Locations Planning & Design ................................................................ 13,422 13,422 

AF Unspecified Worldwide Locations Rescission (Public Law 111–117) ........................................ 0 0 

AF Unspecified Worldwide Locations Unspecified Minor Construction—FY11 OCO ........................ 49,584 49,584 

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 


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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Aircraft procurement. 

Sec. 3112. Biennial plan on modernization and refurbishment of the nuclear security complex. 

Sec. 3113. Comptroller General assessment of adequacy of budget requests with respect to the modernization and refurbishment of the nuclear weapons 

stockpile. 

Sec. 3114. Notification of cost overruns for certain Department of Energy projects. 

Sec. 3115. Establishment of cooperative research and development centers. 

Sec. 3116. Future-years defense environmental management plan. 

Sec. 3117. Extension of authority of Secretary of Energy for appointment of certain 

scientific, engineering, and technical personnel. 

Sec. 3118. Extension of authority of Secretary of Energy to enter into transactions 

to carry out certain research projects. 

Sec. 3119. Extension of authority relating to the International Materials Protection, 

Control, and Accounting Program of the Department of Energy. 

Sec. 3120. Extension of deadline for transfer of parcels of land to be conveyed to 

Los Alamos County, New Mexico, and held in trust for the Pueblo of 

San Ildefonso. 

Sec. 3121. Repeal of sunset provision for modification of minor construction threshold for plant projects. 

Sec. 3122. Enhancing private-sector employment through cooperative research and 

development activities. 

Sec. 3123. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 3124. Department of Energy energy parks program. 

Subtitle C—Reports 

Sec. 3131. Report on graded security protection policy. 

Subtitle A—National Security Programs Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2011 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $11,214,755,000, to be allocated as follows: (1) For weapons activities, $7,028,835,000. 

(2) For defense nuclear nonproliferation activities, 

$2,667,167,000. 

(3) For naval reactors, $1,070,486,000. 

(4) For the Office of the Administrator for Nuclear Security, 

$448,267,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out new plant projects 

for the National Nuclear Security Administration as follows: 


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(1) Project 11–D–801, reinvestment project phase 2, Los Alamos National Laboratory, Los Alamos, New Mexico, 

$20,000,000. 

(2) Project 11–D–601, sanitary effluent reclamation facility 

expansion, Los Alamos National Laboratory, Los Alamos, New 

Mexico, $15,000,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for defense environmental 

cleanup activities in carrying out programs necessary for national 

security in the amount of $5,588,039,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for other defense activities in 

carrying out programs necessary for national security in the 

amount of $878,209,000. 

SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for energy security and assurance programs necessary for national security in the amount of 

$6,188,000. 

Subtitle B—Program Authorizations, Restrictions, and 

Limitations 

SEC. 3111. AIRCRAFT PROCUREMENT. 

Of the amounts authorized to be appropriated and made available for obligation under section 3101(1) for weapons activities for 

any fiscal year before fiscal year 2012, the Secretary of Energy may 

procure not more than two aircraft. 

SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. 

(a) IN GENERAL.—Subtitle A of title XLII of the Atomic Energy 

Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after 

section 4203 the following new section: 

‘‘SEC. 4203A. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. 

‘‘(a) IN GENERAL.—In each even-numbered year, beginning in 

2012, the Administrator for Nuclear Security shall include in the 

plan for maintaining the nuclear weapons stockpile required by 

section 4203 a plan for the modernization and refurbishment of the 

nuclear security complex. 

‘‘(b) PLAN DESIGN.— 

‘‘(1) IN GENERAL.—The plan required by subsection (a) shall 

be designed to ensure that the nuclear security complex is capable of supporting the following: 

‘‘(A) Except as provided in paragraph (2), the national 

security strategy of the United States as set forth in the 

most recent national security strategy report of the President under section 108 of the National Security Act of 

1947 (50 U.S.C. 404a). 

‘‘(B) The nuclear posture of the United States as set 

forth in the most recent Nuclear Posture Review. 


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‘‘(2) EXCEPTION.—If, at the time the plan is submitted under 

subsection (a), a national security strategy report has not been 

submitted to Congress under section 108 of the National Security Act of 1947 (50 U.S.C. 404a), the plan required by subsection (a) shall be designed to ensure that the nuclear security 

complex is capable of supporting the national defense strategy 

recommended in the report of the most recent Quadrennial Defense Review. 

‘‘(c) PLAN ELEMENTS.—The plan required by subsection (a) shall 

include the following: 

‘‘(1) A description of the modernization and refurbishment 

measures the Administrator determines necessary to meet the 

requirements of— 

‘‘(A) the national security strategy of the United States 

as set forth in the most recent national security strategy 

report of the President under section 108 of the National 

Security Act of 1947 (50 U.S.C. 404a) or the national defense strategy recommended in the report of the most recent Quadrennial Defense Review, as applicable under 

subsection (b); and 

‘‘(B) the Nuclear Posture Review. 

‘‘(2) A schedule for implementing the measures described in 

paragraph (1) during the ten years following the date on which 

the plan for maintaining the nuclear weapons stockpile required by section 4203 and into which the plan required by 

subsection (a) is incorporated is submitted to Congress under 

section 4203(c). 

‘‘(3) Consistent with the budget justification materials submitted to Congress in support of the Department of Energy 

budget for the fiscal year (as submitted with the budget of the 

President under section 1105(a) of title 31, United States 

Code), an estimate of the annual funds the Administrator determines necessary to carry out the plan required by subsection (a), including a discussion of the criteria, evidence, and 

strategies on which the estimate is based. 

‘‘(d) FORM.—The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.— 

‘‘(1) ASSESSMENT REQUIRED.—For each plan required by subsection (a), the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall conduct an assessment that includes the following: 

‘‘(A) An analysis of the plan, including— 

‘‘(i) whether the plan supports the requirements of 

the national security strategy of the United States or 

the most recent Quadrennial Defense Review, whichever is applicable under subsection (b), and the Nuclear Posture Review; and 

‘‘(ii) whether the modernization and refurbishment 

measures described under paragraph (1) of subsection 

(c) and the schedule described under paragraph (2) of 

such subsection are adequate to support such requirements. 


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‘‘(B) An analysis of whether the plan adequately addresses the requirements for infrastructure recapitalization of the facilities of the nuclear security complex. 

‘‘(C) If the Nuclear Weapons Council determines that the 

plan does not adequately support modernization and refurbishment requirements under subparagraph (A) or the nuclear security complex facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect to— 

‘‘(i) supporting the annual certification of the nuclear weapons stockpile under section 4203; and 

‘‘(ii) maintaining the long-term safety, security, and 

reliability of the nuclear weapons stockpile. 

‘‘(2) REPORT REQUIRED.—Not later than 180 days after the 

date on which the Administrator submits the plan required by 

subsection (a), the Nuclear Weapons Council shall submit to 

the congressional defense committees a report detailing the assessment required under paragraph (1). 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘nuclear security complex’ means the physical 

facilities, technology, and human capital of the following: 

‘‘(A) The national security laboratories (as defined in section 3281 of the National Nuclear Security Administration 

Act (50 U.S.C. 2471)). 

‘‘(B) The Kansas City Plant, Kansas City, Missouri. 

‘‘(C) The Nevada Test Site, Nevada. 

‘‘(D) The Savannah River Site, Aiken, South Carolina. 

‘‘(E) The Y-12 National Security Complex, Oak Ridge, 

Tennessee. 

‘‘(F) The Pantex Plant, Amarillo, Texas. 

‘‘(2) The term ‘Quadrennial Defense Review’ means the review of the defense programs and policies of the United States 

that is carried out every four years under section 118 of title 

10, United States Code.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Atomic 

Energy Defense Act is amended by inserting after the item relating 

to section 4203 the following new item: 

‘‘Sec. 4203A. Biennial plan on modernization and refurbishment of the nuclear security complex.’’. 

SEC. 3113. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF 

BUDGET REQUESTS WITH RESPECT TO THE MODERNIZATION 

AND REFURBISHMENT OF THE NUCLEAR WEAPONS STOCKPILE. 

(a) IN GENERAL.—Section 3255 of the National Nuclear Security 

Administration Act (50 U.S.C. 2455) is amended to read as follows: 

‘‘SEC. 3255. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF 

BUDGET REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR WEAPONS 

STOCKPILE. 

‘‘(a) GAO STUDY AND REPORTS.—(1) For the nuclear security 

budget materials submitted in each fiscal year by the Administrator, the Comptroller General of the United States shall conduct 

a study on whether both the budget for the fiscal year following the 

fiscal year in which such budget materials are submitted and the 

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lation to such budget under section 3253 provide for funding of the 

nuclear security complex at a level that is sufficient for the modernization and refurbishment of the nuclear security complex. 

‘‘(2) Not later than 90 days after the date on which the Administrator submits the nuclear security budget materials, the Comptroller General shall submit to the congressional defense committees a report on the study under paragraph (1), including— 

‘‘(A) the findings of such study; and 

‘‘(B) whether the nuclear security budget materials support 

the requirements for infrastructure recapitalization of the facilities of the nuclear security complex. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’ means the budget for a fiscal year that 

is submitted to Congress by the President under section 

1105(a) of title 31, United States Code. 

‘‘(2) The term ‘nuclear security budget materials’ means the 

materials submitted to Congress by the Administrator in support of the budget for a fiscal year. 

‘‘(3) The term ‘nuclear security complex’ means the physical 

facilities, technology, and human capital of the following: 

‘‘(A) The national security laboratories. 

‘‘(B) The Kansas City Plant, Kansas City, Missouri. 

‘‘(C) The Nevada Test Site, Nevada. 

‘‘(D) The Savannah River Site, Aiken, South Carolina. 

‘‘(E) The Y-12 National Security Complex, Oak Ridge, 

Tennessee. 

‘‘(F) The Pantex Plant, Amarillo, Texas.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the National Nuclear Security Administration Act is amended by striking 

the item relating to section 3255 and inserting the following new 

item: 

‘‘Sec. 3255. Comptroller General assessment of adequacy of budget requests with 

respect to the modernization and refurbishment of the nuclear weapons 

stockpile.’’. 

SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF ENERGY PROJECTS. 

(a) IN GENERAL.—Subtitle A of title XLVII of the Atomic Energy 

Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the 

end the following new section: 

‘‘SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF ENERGY PROJECTS. 

‘‘(a) ESTABLISHMENT OF COST AND SCHEDULE BASELINES.— 

‘‘(1) STOCKPILE LIFE EXTENSION PROJECTS.— 

‘‘(A) IN GENERAL.—The Administrator for Nuclear Security shall establish a cost and schedule baseline for each 

nuclear stockpile life extension project of the National Nuclear Security Administration. 

‘‘(B) PER UNIT COST.—The cost baseline developed under 

subparagraph (A) shall include, with respect to each life 

extension project, an estimated cost for each warhead in 

the project. 

‘‘(C) NOTIFICATION TO CONGRESSIONAL DEFENSE COMMIT- TEES.—Not later than 30 days after establishing a cost and 

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trator shall submit the cost and schedule baseline to the 

congressional defense committees. 

‘‘(2) DEFENSE-FUNDED CONSTRUCTION PROJECTS.— 

‘‘(A) IN GENERAL.—The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each 

construction project that is— 

‘‘(i) in excess of $50,000,000; and 

‘‘(ii) carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant 

to a DOE national security authorization. 

‘‘(B) NOTIFICATION TO CONGRESSIONAL DEFENSE COMMITTEES.—Not later than 30 days after establishing a cost and 

schedule baseline under subparagraph (A), the Secretary 

shall submit the cost and schedule baseline to the congressional defense committees. 

‘‘(3) DEFENSE ENVIRONMENTAL MANAGEMENT PROJECTS.— 

‘‘(A) IN GENERAL.—The Secretary shall establish a cost 

and schedule baseline under the project management protocols of the Department of Energy for each defense environmental management project that is— 

‘‘(i) in excess of $50,000,000; and 

‘‘(ii) carried out by the Department pursuant to such 

protocols. 

‘‘(B) NOTIFICATION TO CONGRESSIONAL DEFENSE COMMITTEES.—Not later than 30 days after establishing a cost and 

schedule baseline under subparagraph (A), the Secretary 

shall submit the cost and schedule baseline to the congressional defense committees. 

‘‘(b) NOTIFICATION OF COSTS EXCEEDING BASELINE.—The Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining 

that— 

‘‘(1) the total cost for a project referred to in paragraph (1), 

(2), or (3) of subsection (a) will exceed an amount that is equal 

to 125 percent of the cost baseline established under subsection 

(a) for that project; and 

‘‘(2) in the case of a stockpile life extension project referred 

to in subsection (a)(1), the cost for any warhead in the project 

will exceed an amount that is equal to 200 percent of the cost 

baseline established under subsection (a)(1)(B) for each warhead in that project. 

‘‘(c) NOTIFICATION OF DETERMINATION WITH RESPECT TO TERMINATION OR CONTINUATION OF PROJECTS.—Not later than 90 days 

after submitting a notification under subsection (b) with respect to 

a project, the Administrator or the Secretary, as applicable, shall— 

‘‘(1) notify the congressional defense committees with respect 

to whether the project will be terminated or continued; and 

‘‘(2) if the project will be continued, certify to the congressional defense committees that— 

‘‘(A) a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension project referred to in subparagraph (A) or (B) of 


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subsection (a)(1), a revised estimate of the cost for each 

warhead in the project has been made; 

‘‘(B) the continuation of the project is necessary to the 

mission of the Department of Energy and there is no alternative to the project that would meet the requirements of 

that mission; and 

‘‘(C) a management structure is in place adequate to 

manage and control the cost and schedule of the project. 

‘‘(d) APPLICABILITY OF REQUIREMENTS TO REVISED COST AND

SCHEDULE BASELINES.—A revised cost and schedule baseline established under subsection (c) shall— 

‘‘(1) be submitted to the congressional defense committees 

with the certification submitted under subsection (c)(2); and 

‘‘(2) be subject to the notification requirements of subsections 

(b) and (c) in the same manner and to the same extent as a 

cost and schedule baseline established under subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Atomic 

Energy Defense Act is amended by inserting after the item relating 

to section 4712 the following new item: 

‘‘Sec. 4713. Notification of cost overruns for certain Department of Energy 

projects.’’. 

SEC. 3115. ESTABLISHMENT OF COOPERATIVE RESEARCH AND DEVELOPMENT CENTERS. 

(a) COOPERATIVE RESEARCH AND DEVELOPMENT CENTERS.— 

(1) IN GENERAL.—Section 4813 of the Atomic Energy Defense 

Act (division D of Public Law 107–314; 50 U.S.C. 2794) is 

amended— 

(A) by redesignating subsection (b) as subsection (c); and 

(B) by inserting after subsection (a) the following new 

subsection (b): 

‘‘(b) COOPERATIVE RESEARCH AND DEVELOPMENT CENTERS.—(1) 

Subject to the availability of appropriations provided for such purpose, the Administrator for Nuclear Security shall establish a cooperative research and development center described in paragraph (2) 

at each national security laboratory. 

‘‘(2) A cooperative research and development center described in 

this paragraph is a center to foster collaborative scientific research, 

technology development, and the appropriate transfer of research 

and technology to users in addition to the national security laboratories. 

‘‘(3) In establishing a cooperative research and development center under this subsection, the Administrator— 

‘‘(A) shall enter into cooperative research and development 

agreements with governmental, public, academic, or private 

entities; and 

‘‘(B) may enter into a contract with respect to constructing, 

purchasing, managing, or leasing buildings or other facilities.’’. 

(2) DEFINITION.—Subsection (c) of such section, as redesignated by paragraph (1)(A), is amended by adding at the end 

the following new paragraph: 

‘‘(5) The term ‘national security laboratory’ has the meaning 

given that term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471).’’. 


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(3) SECTION HEADING.—The heading of such section is 

amended by inserting ‘‘AND COOPERATIVE RESEARCH 

AND DEVELOPMENT CENTERS’’ after ‘‘PARTNERSHIPS’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Atomic 

Energy Defense Act is amended by striking the item relating to 

section 4813 and inserting the following new item: 

‘‘Sec. 4813. Critical technology partnerships and cooperative research and development centers.’’. 

SEC. 3116. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT 

PLAN. 

(a) IN GENERAL.—Title XLIV of the Atomic Energy Defense Act 

(50 U.S.C. 2581 et seq.) is amended by inserting after section 4402 

the following new section: 

‘‘SEC. 4402A. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN. 

‘‘(a) IN GENERAL.—The Secretary of Energy shall submit to Congress each year, at or about the same time that the President’s 

budget is submitted to Congress for a fiscal year under section 

1105(a) of title 31, United States Code, a future-years defense environmental management plan that— 

‘‘(1) reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy 

for environmental management; and 

‘‘(2) covers a period that includes the fiscal year for which 

that budget is submitted and not less than the four succeeding 

fiscal years. 

‘‘(b) ELEMENTS.—Each future-years defense environmental management plan required by subsection (a) shall contain the following: 

‘‘(1) A detailed description of the projects and activities relating to defense environmental management to be carried out 

during the period covered by the plan at the sites specified in 

subsection (c) and with respect to the activities specified in 

subsection (d). 

‘‘(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support 

such projects and activities. 

‘‘(3) With respect to each site specified in subsection (c), the 

following: 

‘‘(A) A statement of each milestone included in an enforceable agreement governing cleanup and waste remediation for that site for each fiscal year covered by the plan. 

‘‘(B) For each such milestone, a statement with respect 

to whether each such milestone will be met in each such 

fiscal year. 

‘‘(C) For any milestone that will not be met, an explanation of why the milestone will not be met and the date 

by which the milestone is expected to be met. 

‘‘(c) SITES SPECIFIED.—The sites specified in this subsection are 

the following: 

‘‘(1) The Idaho National Laboratory, Idaho. 

‘‘(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico. 

‘‘(3) The Savannah River Site, Aiken, South Carolina. 


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‘‘(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee. 

‘‘(5) The Hanford Site, Richland, Washington. 

‘‘(6) Any defense closure site of the Department of Energy. 

‘‘(7) Any site of the National Nuclear Security Administration. 

‘‘(d) ACTIVITIES SPECIFIED.—The activities specified in this subsection are the following: 

‘‘(1) Program support. 

‘‘(2) Program direction. 

‘‘(3) Safeguards and security. 

‘‘(4) Technology development and deployment. 

‘‘(5) Federal contributions to the Uranium Enrichment Decontamination and Decommissioning Fund established under 

section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 

2297g).’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Atomic 

Energy Defense Act is amended by inserting after the item relating 

to section 4402 the following new item: 

‘‘Sec. 4402A. Future-years defense environmental management plan.’’. 

SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY 

FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, 

AND TECHNICAL PERSONNEL. 

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2701(c)(1)) is amended by striking ‘‘September 30, 2011’’ and inserting ‘‘September 30, 2016’’. 

SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO 

ENTER INTO TRANSACTIONS TO CARRY OUT CERTAIN RESEARCH PROJECTS. 

Section 646(g)(10) of the Department of Energy Organization Act 

(42 U.S.C. 7256(g)(10)) is amended by striking ‘‘September 30, 

2010’’ and inserting ‘‘September 30, 2015’’. 

SEC. 3119. EXTENSION OF AUTHORITY RELATING TO THE INTERNATIONAL MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE DEPARTMENT OF ENERGY. 

Section 3156(b)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 

2343(b)(1)) is amended by striking ‘‘January 1, 2013’’ and inserting 

‘‘January 1, 2018’’. 

SEC. 3120. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF 

LAND TO BE CONVEYED TO LOS ALAMOS COUNTY, NEW MEXICO, 

AND HELD IN TRUST FOR THE PUEBLO OF SAN ILDEFONSO. 

(a) ENVIRONMENTAL RESTORATION.—If the Secretary of Energy 

determines under any authority previously established by law that 

a parcel of land described in subsection (c) requires environmental 

restoration or remediation, the Secretary shall, to the maximum 

extent practicable, complete the environmental restoration or remediation of the parcel not later than September 30, 2022, and otherwise in compliance with such law. 

(b) CONVEYANCE OR TRANSFER.—If the Secretary determines 

under any authority previously established by law that environmental restoration or remediation cannot reasonably be expected to 

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section (c) by September 30, 2022, the Secretary shall not convey 

or transfer the parcel of land. 

(c) PARCELS OF LAND.—A parcel of land described in this subsection is a parcel of land under the jurisdiction or administrative 

control of the Secretary at or in the vicinity of Los Alamos National 

Laboratory that the Secretary has previously identified as suitable 

for conveyance or transfer in a report submitted to the congressional defense committees prior to the date of the enactment of this 

Act. 

SEC. 3121. REPEAL OF SUNSET PROVISION FOR MODIFICATION OF 

MINOR CONSTRUCTION THRESHOLD FOR PLANT PROJECTS. 

(a) MINOR CONSTRUCTION THRESHOLD.—Paragraph (3) of section 

4701 of the Atomic Energy Defense Act (50 U.S.C. 2741(3)), as 

amended by section 3118(b) of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2709), is 

amended by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

(b) NOTIFICATION.—Section 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2709) is amended by striking ‘‘during fiscal year 2010’’. 

SEC. 3122. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH COOPERATIVE RESEARCH AND DEVELOPMENT ACTIVITIES. 

(a) IN GENERAL.—The Administrator for Nuclear Security shall 

encourage cooperative research and development activities at the 

national security laboratories (as defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)) that 

lead to the creation of new private-sector employment opportunities. 

(b) REPORTS.—Not later than January 31 of each year from 2012 

through 2017, the Administrator shall submit to Congress a report 

detailing the number of new private-sector employment opportunities created as a result of the previous years’ cooperative research 

and development activities at each national security laboratory. 

SEC. 3123. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF 

CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE 

FORMER SOVIET UNION. 

Not more than $500,000 of the funds authorized to be appropriated by section 3101(a)(2) for defense nuclear nonproliferation 

activities may be obligated or expended to establish a center of excellence in a country that is not a state of the former Soviet Union 

until the date that is 15 days after the date on which the Administrator for Nuclear Security submits to the congressional defense 

committees a report that includes the following: 

(1) An identification of the country in which the center will 

be located. 

(2) A description of the purpose for which the center will be 

established. 

(3) The agreement under which the center will operate. 

(4) A funding plan for the center, including— 

(A) the amount of funds to be provided by the government of the country in which the center will be located; 

and 

(B) the percentage of the total cost of establishing and 

operating the center the funds described in subparagraph 

(A) will cover. 


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SEC. 3124. DEPARTMENT OF ENERGY ENERGY PARKS PROGRAM. 

(a) IN GENERAL.—The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities. 

(b) OBJECTIVES.—The objectives for establishing energy parks 

pursuant to subsection (a) are the following: 

(1) To provide locations to carry out a broad range of projects 

relating to the development and deployment of energy technologies and related advanced manufacturing technologies. 

(2) To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies. 

(3) To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy 

security, energy sector employment, and energy independence. 

(4) To create a business environment that encourages collaboration and interaction between the public and private sectors. 

(c) CONSULTATION.—In establishing an energy park pursuant to 

subsection (a), the Secretary shall consult with— 

(1) the local government with jurisdiction over the land on 

which the energy park will be located; 

(2) the local governments of adjacent areas; and 

(3) any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located. 

(d) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary shall submit to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall 

include such recommendations for additional legislative actions as 

the Secretary considers appropriate to facilitate the development of 

energy parks on former defense nuclear facilities. 

(e) DEFENSE NUCLEAR FACILITY DEFINED.—In this section, the 

term ‘‘defense nuclear facility’’ has the meaning given the term 

‘‘Department of Energy defense nuclear facility’’ in section 318 of 

the Atomic Energy Act of 1954 (42 U.S.C. 2286g). 

Subtitle C—Reports 

SEC. 3131. REPORT ON GRADED SECURITY PROTECTION POLICY. 

(a) REPORT.—Not later than February 1, 2011, the Secretary of 

Energy shall submit to the congressional defense committees a report on the implementation of the graded security protection policy 

of the Department of Energy. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A comprehensive plan and schedule (including any benchmarks, milestones, or other deadlines) for implementing the 

graded security protection policy. 


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(2) An explanation of the current status of the graded security protection policy for each site with respect to the comprehensive plan under paragraph (1). 

(3) An explanation of the Secretary’s objective end-state for 

implementation of the graded security protection policy (such 

end-state explanation shall include supporting justification and 

rationale to ensure that robust and adaptive security measures 

meet the graded security protection policy requirements). 

(4) Identification of each site that has received an exception 

or waiver to the graded security protection policy, including the 

justification for each such exception or waiver. 

(5) A schedule for ‘‘force-on-force’’ exercises that the Secretary considers necessary to maintain operational readiness. 

(6) A description of a program that will provide proper training and equipping of personnel to a certifiable standard. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2011, $28,640,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated to the Secretary of Energy $23,614,000 for fiscal year 2011 for the 

purpose of carrying out activities under chapter 641 of title 10, 

United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2011. 

Sec. 3502. Extension of Maritime Security Fleet program. 

Sec. 3503. United States Merchant Marine Academy nominations of residents of 

the Northern Mariana Islands. 

Sec. 3504. Research authority. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR 

2011. 

Funds are hereby authorized to be appropriated for fiscal year 

2011, to be available without fiscal year limitation if so provided 

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taining national security aspects of the merchant marine, as follows: 

(1) For expenses necessary for operations of the United 

States Merchant Marine Academy, $100,020,000, of which— 

(A) $63,120,000 shall remain available until expended 

for Academy operations; 

(B) $6,000,000 shall remain available until expended for 

refunds to Academy midshipmen for improperly charged 

fees; and 

(C) $30,900,000 shall remain available until expended 

for capital improvements at the Academy. 

(2) For expenses necessary to support the State maritime 

academies, $15,007,000, of which— 

(A) $2,000,000 shall remain available until expended for 

student incentive payments; 

(B) $2,000,000 shall remain available until expended for 

direct payments to such academies; and 

(C) $11,007,000 shall remain available until expended 

for maintenance and repair of State maritime academy 

training vessels. 

(3) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000. 

(4) For expenses to maintain and preserve a United Statesflag 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 


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(2) by striking ‘‘States.’’ and inserting ‘‘States, to conduct research with respect to maritime-related matters, and to provide such other appropriate academic support, assistance, 

training, and activities in accordance with the provisions of 

this chapter as the Secretary may authorize.’’. 


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[Note from the Director of Legislative Operations: The following 

text is the Joint Explanatory Statement to accompany H.R. 6523, 

the Ike Skelton National Defense Authorization Act for Fiscal Year 

2011.] 


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JOINT EXPLANATORY STATEMENT TO ACCOMPANY 

H.R. 6523 

Explanation of Funding Summary 

The administration’s budget request for national defense discretionary programs within the jurisdiction of the Committees on 

Armed Services of the Senate and the House of Representatives for 

fiscal year 2011 was $725.9 billion and was in three parts: $548.9 

billion for the base budget of the Department of Defense; $159.3 

billion for overseas contingency operations, which funds the wars 

in Iraq and Afghanistan; and $17.7 billion for national security programs in the Department of Energy. 

The agreement authorizes $724.6 billion national defense discretionary programs and includes $548.2 billion for the base budget of 

the Department of Defense, $158.7 billion for overseas contingency 

operations, and $17.7 billion for national security programs in the 

Department of Energy. 

The following table lists the discretionary authorizations in the 

agreement. 


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DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (secs. 101–104) 

The House bill contained provisions (secs. 101–104) that would 

authorize appropriations for procurement for the Army, the Navy 

and the Marine Corps, the Air Force, and for defense-wide activities. 

The Senate committee-reported bill authorized appropriations for 

these activities in one provision (sec. 101). 

The agreement includes the House provisions with amendments 

to reflect the agreed authorization levels. 

Subtitle B—Navy Programs 

Multiyear funding for detail design and construction of LHA Replacement ship designated LHA–7 (sec. 111) 

The Senate committee-reported bill contained a provision (sec. 

121) that would authorize the Navy to execute the contract for 

LHA–7 over fiscal years 2011 and 2012, subject to the availability 

of appropriations for that purpose in budgets after 2011. 

The House bill contained a provision (sec. 121) that would provide more general authority for the Navy to incrementally fund 

large naval vessels. 

The agreement includes the Senate committee-reported provision. 

Requirement to maintain Navy airborne signals intelligence, surveillance, and reconnaissance capabilities (sec. 112) 

The Senate committee-reported bill contained a provision (sec. 

122) that would prohibit the retirement of the EP–3E Airborne Reconnaissance Integrated Electronic System (ARIES)II fleet or the 

Special Projects Aircraft (SPA) until the Navy has readied replacements that are equivalent or better in terms of meeting the requirements of the combatant commanders. The provision also 

would require that the Navy upgrade both aircraft systems as necessary to meet combatant command requirements. 

The report accompanying the Senate committee-reported bill (S. 

Rept. 111–201) also expressed concern about the Navy’s plan to 

cease operations of its Reaper unmanned aerial systems (UAS), developed under the Saber Focus program, and to transfer the aircraft to the Air Force early in calendar year 2011. These concerns 

have been amplified by continuing shortages of persistent intelligence, surveillance, and reconnaissance assets, especially in critical regions such as the Horn of Africa. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would prohibit the retirement of the EP–3E and SPA 

fleets until the commencement of the fielding of a platform or mix 

of platforms and sensors that are, in the aggregate, equivalent or 

superior to the EP–3 ARIES II (Spiral 3) or the SPA (P909) platform. The amendment also would prohibit the Secretary of the 


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Navy from halting the operations of the Saber Focus UAS and associated ground-based capabilities and transferring the assets to 

the Air Force until 30 days after the Secretary of the Air Force certifies to the congressional defense committees that the Air Force is 

providing an equal or superior capability and capacity to the same 

area of operations. 

Report on naval force structure and missile defense (sec. 113) 

The House bill contained a provision (sec. 123) that would require the Secretary of the Navy to submit a report on naval force 

structure requirements related to ballistic missile defense. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Reports on service-life extension of F/A–18 aircraft by the Department of the Navy (sec. 114) 

The Senate committee-reported bill contained a provision (sec. 

123) that would require the Secretary of the Navy to conduct a 

business case analysis of two options: (1) conducting a service-life 

extension program (SLEP) for legacy F/A–18 aircraft beyond 8,600 

hours; and (2) buying new F/A–18E/F aircraft. The provision also 

would specify the elements of that analysis. The Secretary would 

be required to complete that analysis and submit it to the congressional defense committees before he could begin such a SLEP effort. 

The House bill contained no similar provision. 

The agreement includes the Senate committee-reported provision 

with an amendment that would require that the Secretary conduct 

a cost-benefit analysis of the two options. 

Subtitle C—Joint and Multiservice Matters 

Limitations on biometric systems funds (sec. 121) 

The House bill contained a provision (sec. 142) that would limit 

the amount of funds obligated or expended for biometrics programs 

and operations subject to the submission of a report. In addition, 

there was a specific limitation on obligations or expenditures of 

funds unless such obligations or expenditures were approved in 

writing by the Under Secretary of Defense for Acquisition, Technology, and Logistics (or designee). 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would eliminate the specific limitation clause. 

System management plan and matrix for the F–35 Joint Strike 

Fighter aircraft program (sec. 122) 

The Senate committee-reported bill contained a provision (sec. 

141) that would require that the Secretary of Defense establish a 

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ing maturity for the system during the remainder of the system development and demonstration (SDD) program. 

The provision would look prospectively to measure progress during the remainder of the SDD program and should provide criteria 

and conditions for comparing documented results to expected progressive levels of demonstrated weapon system maturity in relationship to planned increases in future procurement quantities. 

The House bill contained no similar provision. 

The agreement includes the Senate committee-reported provision. 

Quarterly reports on use of Combat Mission Requirements funds 

(sec. 123) 

The Senate committee-reported bill contained a provision (sec. 

143) that would require the Commander of the U.S. Special Operations Command (USSOCOM) to report to the congressional defense committees quarterly on the use of Combat Mission Requirements funding. The quarterly reports would address: (1) the balance of the Combat Mission Requirements account at the beginning 

of the quarter; (2) the balance of the Combat Mission Requirements 

account at the end of the quarter; (3) any transfer of funding into 

or out of the Combat Mission Requirements account during the 

quarter (including the source of any transfer into the fund, and the 

objective of any transfer out of the fund); (4) a description of any 

Combat Mission Requirements approved for procurement and/or 

procured during the quarter; and (5) the amount of funds committed to each requirement. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Counter-improvised explosive device initiatives database (sec. 124) 

The House bill contained a provision (sec. 143) that would direct 

the Secretary of Defense to direct the military services and the Director of the Joint Improvised Explosive Device Defeat Organization (JIEDDO) to create a comprehensive improvised explosive device defeat initiative database and work with JIEDDO to develop 

a Department of Defense-wide database for all counter-improvised 

explosive device initiatives. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that strikes subsection (c) of the House provision. 

In creating this database, the JIEDDO Director shall determine 

whether a classified or unclassified database is more appropriate. 

Study on lightweight body armor solutions (sec. 125) 

The House bill contained a provision (sec. 144) that would direct 

a study to identify and examine the requirements for lighter weight 

body armor systems. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Integration of solid state laser systems into certain aircraft (sec. 

126) 

The Senate committee-reported bill contained a provision (sec. 

144) that would require the Department of Defense to conduct an 

analysis of the feasibility of integrating solid state laser systems 

into certain aircraft platforms. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Contracts for commercial imaging satellite capacities (sec. 127) 

The Senate committee-reported bill contained a provision (sec. 

142) that would require the Department of Defense (DOD) to procure or acquire the capacity of imaging satellites with 1.5 meter 

telescopes after December 31, 2010, if DOD seeks to sustain an 

augmentation of national overhead imagery capabilities with commercial-class electro-optical capability. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would provide the Secretary of Defense with the authority to waive the requirements of the provision if the Secretary determines that it is not in the national security interest to acquire 

or procure this capability. 

Commercial imagery satellites are becoming a key part of the 

overhead imagery architecture. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Report on Army battlefield network plans and programs 

The House bill contained a provision (sec. 112) that would require a report and limit the obligation of procurement funds for the 

Army’s future tactical network technology and the acquisition programs to achieve this network. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

The committees on Armed Services of the Senate and the House 

of Representatives recognize the Army’s recent efforts to adjust its 

tactical network plans through capability portfolio reviews, and is 

encouraged by the move toward a more flexible approach to communications equipment that can keep pace with private sector innovation. However, the committees remain concerned that the 

Army plans to continue to invest in the Network Integration Kit 

(NIK) for vehicles that originated in the Future Combat Systems 

(FCS) program. These concerns stem from the apparent contradiction between the Army’s new focus on affordable and flexible network equipment and the high cost, poor reliability, and poor performance of NIK systems to date. 

Specifically, the committees note that the NIK has yet to demonstrate desired performance levels in testing, has very large 

power, space, and cooling requirements, and is projected to cost 

$450,000 each. When combined with the cost of the required Joint 

Tactical Radio System Ground Mobile Radio the per-vehicle cost of 

the NIK increases to $970,000—a level that may be unaffordable 

to procure and deploy on the scale desired. In addition, the commitVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00420 Fmt 6602 Sfmt 6602 E:\HR\OC\A160.XXX A160

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tees note that this particular combination of computer hardware 

and software has never been integrated successfully into an 

Abrams tank or Bradley Fighting Vehicle, significantly limiting the 

NIK’s potential utility in Heavy Brigade Combat Teams. Further, 

the committees are concerned that the NIK is dependent upon continued development of the System of Systems Common Operating 

Environment (SOSCOE) and associated applications. The committees note that, despite seven years of development and billions of 

dollars invested by the Army through the FCS and Early Infantry 

Brigade Combat Team programs, that the Army has yet to deploy 

a single element of SOSCOE-based software for combat operations. 

The committees urge the Army to continue its communications 

and network capability portfolio review and reevaluate its requirements for vehicle-based network equipment. For example, the committees note that the Army has already procured and fielded more 

than 88,000 Force XXI Battle Command Brigade and Below vehicle 

network systems, and could pursue upgrades to those systems as 

a lower-cost alternative to continued investment in the NIK. The 

Army should also conduct a comprehensive market survey to identify technologically mature and affordable alternatives to continued 

NIK and SOSCOE development, and compare these alternatives to 

moving forward with NIK and SOSCOE. Should any identified alternatives show the potential to provide a lower-cost, lower-risk 

path to achieving the desired capability, the Army should then conduct an open competition for a new or upgraded system for pushing 

network capability down to lower tactical level platforms. 

Limitation on the use of funds for line-haul tractors 

The House bill contained a provision (sec. 113) that would modify 

the Army’s current acquisition and investment strategy for the 

M915 line-haul tractor trailer program. The provision would prohibit the Army from obligating funds for the continued procurement of M915 line-haul tractor trailers unless the source selection 

is based on a new, full and open competition. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

The conferees are aware the Secretary of the Army opposes this 

provision and that the Army is nearing completion of its acquisition 

objective required for the M915 line haul tractor trailer program. 

The conferees would encourage the Secretary of the Army, should 

the M915 requirement increase, to consider a full and open competition for any new, future procurement. The conferees understand the Army Reserve have significant unfunded requirements 

for their M915 truck fleet and the conferees would encourage the 

Secretary of the Army to develop courses of action that could help 

to accelerate meeting those requirements in a timely manner. 


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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 201) 

The House bill contained a provision (sec. 201) that would authorize appropriations for fiscal year 2011 for the use of the Department of Defense for research, development, test, and evaluation. 

The Senate committee-reported bill contained a similar provision 

(sec. 201). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Enhancement of Department of Defense support of science, mathematics, and engineering education (sec. 211) 

The Senate committee-reported bill contained a provision (sec. 

213) that would provide the secretaries of the military departments 

and directors of defense laboratories certain authorities pertaining 

to educational activities in science, mathematics, and engineering. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Limitation on use of funds by Defense Advanced Research Projects 

Agency for operation of National Cyber Range (sec. 212) 

The Senate committee-reported bill contained a provision (sec. 

212) that would prohibit the use of funds for the National Cyber 

Range pending a report, as well as place certain limitations on the 

use of funds after the submission of this report. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Separate program elements required for research and development 

of Joint Light Tactical Vehicle (sec. 213) 

The House bill contained a provision (sec. 214) that would require separate program elements in the Army and Navy research, 

development, test, and evaluation accounts for the Joint Light Tactical Vehicle program. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Program for research, development, and deployment of advanced 

ground vehicles, ground vehicle systems, and components (sec. 

214) 

The Senate committee-reported bill contained a provision (sec. 

214) that would permit the Department of Defense to carry out a 

program for research and development on, and deployment of, advanced technology ground vehicles, ground vehicle systems, and 

components. 

The House bill contained no similar provision. 


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The agreement includes the Senate provision with an amendment that removed explicit reference to the Defense Production Act 

(Public Law 81–774). 

Demonstration and pilot projects on cybersecurity (sec. 215) 

The Senate committee-reported bill contained a provision (sec. 

215) that would require the Secretary of Defense to conduct demonstration and pilot projects on cybersecurity. The purpose of these 

projects would be to evaluate commercial solutions, business processes, and policy options to enhance cybersecurity within the Department of Defense (DOD), the defense industrial base, the government as a whole, and the Nation’s critical infrastructure. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would provide more latitude to DOD in choosing what 

projects to pursue and how to implement them, including by encouraging the Department to pursue pilots on supply chain security 

and cloud computing security, and to involve the military services 

in the program. 

SUBTITLE C—MISSILE DEFENSE PROGRAMS

Sense of Congress on ballistic missile defense (sec. 221) 

The Senate committee-reported bill contained a provision (sec. 

231) that would express the sense of Congress on ballistic missile 

defense issues, particularly related to the Phased Adaptive Approach to missile defense in Europe. 

The House bill contained a related provision (sec. 1236). 

The agreement includes the Senate provision with a clarifying 

amendment. 

Repeal of prohibition of certain contracts by Missile Defense Agency 

with foreign entities (sec. 222) 

The House bill contained a provision (sec. 222) that would repeal 

section 222 of the National Defense Authorization Act for Fiscal 

Years 1988 and 1989 (Public Law 100–180). 

The Senate committee-reported bill included an identical provision. 

The agreement includes the provision. 

Limitation on availability of funds for missile defense interceptors 

in Europe (sec. 223) 

The House bill contained a provision (sec. 221) that would limit 

the availability of funds for construction and deployment of a missile defense system in Europe until any host nation approves the 

required basing and deployment agreements, and 45 days have 

elapsed after Congress receives an independent assessment required by section 235(c)(2) of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84). The provision would 

also limit the availability of funds for the procurement or deployment of operational missile defense interceptors on land in Europe 

until the Secretary of Defense certifies that such interceptor has 

demonstrated a high probability of working in an operationally effective manner. 


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The Senate committee-reported bill contained no similar provision. 

The agreement contains the House provision, with an amendment that would clarify that the provision applies to land-based 

interceptors as part of the Phased Adaptive Approach to missile defense in Europe. It would also provide the Secretary of Defense 

with a national security waiver authority of the limitations. Finally, the provision would clarify a number of activities permitted 

under the provision in relation to the planned deployment of landbased interceptors in Europe as part of the Phased Adaptive Approach to missile defense in Europe. 

The provision is not intended to impede or delay the successful 

implementation of the Phased Adaptive Approach to missile defense in Europe, which is important for protection against existing 

and potential future Iranian missile threats. Nor is it intended to 

limit the production of missile defense interceptors for ground- and 

flight-testing, or production process validation. 

Medium Extended Air Defense System (sec. 224) 

The Senate committee-reported bill contained a provision (sec. 

233) that would limit the availability of any fiscal year 2011 funds 

for the Medium Extended Air Defense System (MEADS) until certain conditions had been met, including a decision by the Secretary 

of Defense on whether to proceed with MEADS, and a report to the 

congressional defense committees concerning MEADS. 

The House bill contained no similar provision. 

The agreement includes a provision that would limit the availability of more than 25 percent of fiscal year 2011 funds for the 

MEADS program until the Secretary informs the congressional defense committees of a decision to proceed with the MEADS program. The provision would also limit more than 50 percent of fiscal 

year 2011 funds for the MEADS program until 30 days after the 

Secretary submits a report on MEADS to the congressional defense 

committees. 

Given the significant cost increases and schedule delays in the 

MEADS development program, there is considerable uncertainty in 

the future of the program. It would not be prudent to spend fiscal 

year 2011 funds on the program unless the Department of Defense 

decides to proceed with the program in a fiscally sound manner in 

agreement with our allies. The provision is included without prejudice to the MEADS program. 

Acquisition accountability reports on the ballistic missile defense 

system (sec. 225) 

The Senate committee-reported bill contained a provision (sec. 

234) that would require the Missile Defense Agency to establish, 

maintain, and report on acquisition baselines for each program element of the ballistic missile defense system. 

The House bill contained no similar provision. 

The agreement contains the Senate provision. 


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Authority to support ballistic missile shared early warning with the 

Czech Republic (sec. 226) 

In May of 2010, after the President had submitted the budget request for fiscal year 2011, the Department of Defense requested the 

authority to carry out a shared ballistic missile early warning program with the Czech Republic. 

Since the request came to Congress late, neither the House bill 

nor the Senate committee-reported bill contained a provision authorizing such a program. 

The agreement includes a provision authorizing such a shared 

early warning program with the Czech Republic. 

Report on Phased, Adaptive Approach to missile defense in Europe 

(sec. 227) 

The House bill contained a provision (sec. 223) that would require a report on the Phased Adaptive Approach to Missile Defense 

in Europe. 

The Senate committee-reported bill contained no similar provision. 

The agreement contains the House provision with a clarifying 

amendment. 

Independent review and assessment of the Ground-based Midcourse 

Defense system (sec. 228) 

The House bill contained a provision (sec. 225) that would require an independent assessment of the plans of the Department 

of Defense for defending the United States homeland against ballistic missiles, and a report on the results of that assessment. 

The Senate committee-reported bill contained a similar provision 

(sec. 235). 

The agreement contains the Senate provision with a clarifying 

amendment. 

Iron Dome short-range rocket defense system (sec. 229) 

The House bill contained a provision (sec. 1507) that would authorize the Secretary of Defense to provide $205.0 million from the 

Overseas Contingency Operations procurement account to the Government of Israel for the Iron Dome short-range rocket defense system. 

The Senate committee-reported bill authorized the same amount 

of funding for Iron Dome in its research, development, test and 

evaluation (RDT&E) funding tables. 

The agreement includes a provision that would authorize $205.0 

million of Defense-wide RDT&E funds for Iron Dome. 

Subtitle D—Reports 

Report on analysis of alternatives and program requirements for the 

Ground Combat Vehicle program (sec. 231) 

The House bill contained a provision (sec. 231) that would limit 

the obligation of research and development funding for the Army 

Ground Combat Vehicle program until certain program documentation is provided to the congressional defense committees. 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Cost benefit analysis of future tank-fired munitions (sec. 232) 

The House bill contained a provision (sec. 232) that would require a cost benefit analysis of future options for developing tankfired munitions. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Annual Comptroller General report on the VH–(XX) presidential 

helicopter acquisition program (sec. 233) 

The House bill contained a provision (sec. 233) that would require the Comptroller General to produce an annual report on the 

VH–(XX) presidential helicopter acquisition program during the 

time that the Department expects to continue development, ending 

with a report in 2018. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, amended to have 

the reporting requirement expire after the fiscal year 2013 report. 

Subtitle E—Other Matters 

Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies (sec. 241) 

The House bill contained a sense of Congress (sec. 245) that the 

Department of Defense (DOD) should establish research and development facilities and a public-private partnership focused on extreme ultraviolet lithography technologies for the next-generation 

of semiconductors. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that removes references to facilities and any specific public-private 

partnerships and generalizes the focus of semiconductor manufacturing technology development beyond extreme ultraviolet lithography technologies. This agreement recognizes the importance of 

pursuing a range of techniques to develop next-generation advanced semiconductors, without prematurely narrowing down on 

any specific technological approaches before they are sufficiently 

proven to meet DOD mission needs. 

Pilot program on collaborative energy security (sec. 242) 

The House bill contained a provision (sec. 243) that would establish a pilot program on collaborative energy security between the 

Departments of Energy and Defense. 

The Senate committee-reported bill contained no similar provision. 


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The agreement includes the House provision with a clarifying 

amendment. 

Pilot program to include technology protection features during research and development of defense systems (sec. 243) 

The House bill contained a provision (sec. 242) that would direct 

the Secretary of Defense to develop and incorporate technology protection features in designated systems during the research and development phase of such systems. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

LEGISLATIVE PROVISION NOT ADOPTED

Joint assessment of the joint effects targeting system 

The House bill contained a provision (sec. 234) that would require an assessment and report on the joint effects targeting system. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

The committees remain concerned about the future of the joint 

effects targeting system, and direct the Secretary of the Army to 

provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the current status and future plans for the joint effects targeting system not later than 

March 15, 2011. The briefing shall include detailed information on 

funding and schedule for the joint effects targeting system. 

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 301) 

The House bill contained a provision (sec. 301) that would authorize appropriations for fiscal year 2011 for the use of the Department of Defense for operation and maintenance. 

The Senate committee-reported bill contained a similar provision 

(sec. 301). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Subtitle B—Energy and Environmental Provisions 

Reimbursement of Environmental Protection Agency for certain 

costs in connection with the Twin Cities Army Ammunition 

Plant, Minnesota (sec. 311) 

The Senate committee-reported bill contained a provision (sec. 

311) that would authorize the Secretary of Defense to transfer not 

more than $5,620,000 to the Environmental Protection Agency 

(EPA) to reimburse EPA for costs incurred relating to response actions performed at the Twin Cities Army Ammunition Plant, Minnesota. 

The House bill contained a similar provision (sec. 311). 


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The agreement includes the Senate committee-reported provision 

with a clarifying amendment that reflects the amount as 

$5,611,671. 

Payment to Environmental Protection Agency of stipulated penalties 

in connection with Naval Air Station, Brunswick, Maine (sec. 

312) 

The House bill contained a provision (sec. 312) that would authorize the Secretary of Defense to transfer to the Environmental 

Protection Agency not more than $153,000 to satisfy a stipulated 

penalty assessed by EPA against Naval Air Station, Brunswick. 

The Senate committee-reported bill contained a similar provision 

(sec. 312). 

The agreement includes the House provision. 

Requirements related to the investigation of exposure to drinking 

water contamination at Camp Lejeune, North Carolina (sec. 

313) 

The House bill contained a provision (sec. 316) that would require the Secretary of Defense to provide information and expertise 

to the Agency for Toxic Substances and Disease Registry (ATSDR) 

relating to contaminated drinking water at Camp Lejeune in North 

Carolina. 

The Senate committee-reported bill contained a similar provision 

(sec. 313) that would also limit the use of certain funds and provide 

for the resolution of certain disputes. 

The agreement includes the House provision with several clarifying amendments and a provision limiting the use of certain funds 

subject to notification. 

The Department of the Navy and ATSDR have been working on 

the issue of water contamination at Camp Lejeune for many years 

and various studies are still to be completed. The recently established Camp Lejeune Data Mining Technical Working Group is a 

positive development in the collaboration between the two agencies. 

Nonetheless, the cooperation has not always been as productive as 

it should have been. Service members and civilians who lived at 

Camp Lejeune and may have been exposed to contaminated water 

deserve to have the Navy and ATSDR work together cooperatively 

and collaboratively to ensure that the remaining studies and analyses are completed as comprehensively and expeditiously as possible. 

The committees note that a number of relevant studies of Camp 

Lejeune water contamination and the possible health effects are 

still underway and could bear on the outcome of the claims filed 

with the Department of the Navy. It is the intention of the committees that no claims associated with water contamination at Camp 

Lejeune be fully and finally adjudicated until after these studies 

are fully completed. Nonetheless, the committees recognize that the 

Department of the Navy may need to take certain ministerial actions associated with administration of the claims, which would be 

necessary to properly manage the claims and to support the eventual final action, before these studies are complete. Therefore, this 

provision would allow the Navy to take certain administrative and 

non-dispositive actions on the claims but only after the Committees 


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on Armed Services for the Senate and the House of Representatives 

are notified. 

Comptroller General assessment on military environmental exposures (sec. 314) 

The Senate committee-reported bill contained a provision (sec. 

314) that would establish a commission on military environmental 

exposures that would, among other things, make recommendations 

for how the Federal Government should respond to the issue of exposures of current and former members of the armed forces and 

their dependents to environmental hazards on military installations. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would drop the requirement for a commission and, instead, require the Comptroller General to assess various issues associated with environmental exposures on military installations, including impacts to current and former members of the armed 

forces, their dependents, and civilian employees, and to submit a 

report to the Committees on Armed Services of the Senate and the 

House of Representatives. 

Subtitle C—Workplace and Depot Issues 

Technical amendments to requirement for service contract inventory 

(sec. 321) 

The House bill contained a provision (sec. 321) that would amend 

section 2330a of title 10, United States Code, to make technical 

changes to the requirement for a service contract inventory. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

clarifying that responsibility for the development of the guidance 

on certain types of information to be included in the inventory 

would reside with the Under Secretary of Defense (Personnel and 

Readiness), since the inventory is intended in part to facilitate the 

human capital planning efforts of the Department of Defense. The 

Under Secretary of Defense (Acquisition, Technology, and Logistics) 

would retain responsibility for developing guidance on other data 

elements and implementing procedures. 

The amendment would further require that information on the 

number of contractor employees be collected using direct labor 

hours and associated cost data collected from contractors to the 

maximum extent practicable. Only where such direct data is not 

available and cannot reasonably be made available in a timely 

manner would the use of estimates based on contract expenditures 

be authorized. 

Repeal of conditions on expansion of functions performed under 

prime vendor contracts for depot-level maintenance and repair 

(sec. 322) 

The House bill contained a provision (sec. 322) that would repeal 

an obsolete provision requiring the Secretary of Defense to report 

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level maintenance and repair of a weapon system or other significant military equipment. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Prohibition on establishing goals or quotas for conversion of functions to performance by Department of Defense civilian employees (sec. 323) 

The House bill contained a provision (sec. 325) that would prohibit the Secretary of Defense from establishing goals or quotas for 

the in-sourcing of functions currently performed in the private sector, unless such goals or quotas are based on considered research 

and analysis. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

We are aware of instances in which budget-driven quotas appear 

to have led to decisions that were not in the best interest of the 

Department of Defense and risk jeopardizing the workforce, potentially displacing highly-qualified and long-serving personnel. 

We believe that the Department’s hiring efforts should focus on 

the acquisition workforce and other critical capabilities needed by 

the Department. At a time when the Department desperately needs 

to rebuild its in-house capabilities in critical mission areas, the effort and expense required to hire new civilian employees to replace 

contractor employees should not be wasted on the conversion of 

routine commercial functions that can readily be performed by contractors. 

Subtitle D—Reports 

Additional reporting requirements relating to corrosion prevention 

projects and activities (sec. 331) 

The House bill contained a provision (sec. 332) that would add 

corrosion reporting requirements and increase oversight with respect to the efforts of corrosion control and prevention within the 

services. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Modification and repeal of certain reporting requirements (sec. 332) 

The House bill contained a provision (sec. 333) that would modify 

or repeal certain reporting requirements in sections 323 and 349 of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364) and section 355 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181). 

The Senate committee-reported bill contained two similar provisions (sec. 346 and sec. 347) that would amend section 323 and repeal section 349 respectively of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364). 


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The agreement includes a provision that would combine language 

from the House and the Senate provisions. 

Report on Air Sovereignty Alert mission (sec. 333) 

The House bill contained a provision (sec. 334) that would require the Commander of the United States Northern Command 

and the North American Aerospace Defense Command to submit a 

report on the Air Sovereignty Alert mission. The provision would 

also provide the opportunity for the Director of the National Guard 

Bureau to review and provide independent analysis and comments 

on this report. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision similar to the House provision, but the agreement would require the Director of the National 

Guard Bureau to review and provide independent analysis and 

comments on this report, rather than leaving that to the discretion 

of the Director of the National Guard Bureau. 

Report on the SEAD/DEAD mission requirement for the Air Force 

(sec. 334) 

The House bill contained a provision (sec. 335) that would require the Secretary of the Air Force to submit a report on the feasibility and desirability of designating the Suppression of Enemy Air 

Defenses/Destruction of Enemy Air Defenses (SEAD/DEAD) mission as a responsibility of the Air National Guard. The provision 

would also provide the opportunity for the Director of the National 

Guard Bureau to review and provide independent analysis and 

comments on this report. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision similar to the House provision, but the agreement would require the Director of the National 

Guard Bureau to review and provide independent analysis and 

comments on this report, rather than leaving that to the discretion 

of the Director of the National Guard Bureau. 

Requirement to update study on strategic seaports (sec. 335) 

The House bill contained a provision (sec. 336) that would require the Commander of the United States Transportation Command to update the study entitled ‘‘PORT LOOK 2008 Strategic 

Seaports Study.’’ 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle E—Limitations and Extensions of Authority 

Permanent authority to accept and use landing fees charged for use 

of domestic military airfields by civil aircraft (sec. 341) 

The House bill contained a provision (sec. 341) that would amend 

title 10, United States Code, to add a new section 2697. The new 

section 2697 would provide permanent authority for the secretary 

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craft at domestic military airfields for the purpose of funding operation and maintenance of such airfields. 

The Senate committee-reported bill contained a provision (sec. 

2822) that would amend section 377 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 

105–261) to achieve the same purpose. 

The agreement includes the House provision, amended to incorporate a requirement that the secretary of a military department 

determine whether the government has received consideration for 

landing fees in a lease, license, or other real estate agreement. If 

so, the secretary would be required to use such a determination to 

offset appropriate amounts of the proceeds associated with any 

landing fees assessed. 

Extension of the Arsenal Support Program Initiative (sec. 342) 

The House bill contained a provision (sec. 342) that would extend 

the Arsenal Support Program Initiative, prioritize the program purposes, and require a report. 

The Senate committee-reported bill contained a similar provision 

(sec. 342) that would extend the ASPI for 1 year. 

The agreement includes the Senate provision. 

Limitation on obligation of funds for the Army Human Terrain System (sec. 343) 

The House bill contained a provision (sec. 344) that would limit 

the obligation of 50 percent of funds for the Army’s Human Terrain 

System until a number of requirements were met, including an 

independent assessment of the program. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would reduce the funding limitation from 50 percent to 15 percent and would eliminate the requirement for an independent assessment since this has already been completed and delivered. 

Limitation on obligation of funds pending submission of classified 

justification material (sec. 344) 

The House bill contained a provision (sec. 345) that would limit 

the obligation of operations and maintenance funds for the Office 

of the Secretary of Defense, in budget activity 4, to not more than 

90 percent of available funds until 15 days after the information 

cited in the classified annex accompanying this Act relating to the 

provision of classified justification material to Congress is provided 

to the congressional defense committees. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Requirements for transferring aircraft within the Air Force inventory (sec. 345) 

The House bill contained a provision (sec. 346) that would have 

prevented the Secretary of the Air Force from retiring any C–130 

aircraft until 30 days after the Secretary submitted a report on the 


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specific terms and conditions and personnel effects of any aircraft 

transfers between the active Air Force and the Air National Guard. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision similar to the House provision, but that provision would require prospectively such a report 

from the Secretary before taking action on future proposed transfers of aircraft between the active Air Force and the reserve components. 

Commercial sale of small arms ammunition in excess of military requirements (sec. 346) 

The House bill contained a provision (sec. 347) that would authorize the sale of small arms ammunition and ammunition components in excess of military requirements. 

The Senate committee-reported bill contained a similar provision 

(sec. 345) with additional safeguards for state and local law enforcement, firefighting, homeland security, and emergency management agencies. 

The agreement includes the Senate provision. We note that the 

Army has previously recycled once-fired small arms cartridge casings through the Qualified Recycling Program. Out of the revenue 

generated through the program, installation commanders were authorized to transfer up to 50 percent to the Morale, Welfare, and 

Recreation (MWR) fund for the benefit of soldiers and their families. Recognizing that removing the brass cartridges from the program may have an unintended consequence on the MWR program, 

we direct the Secretary of Defense to determine the impact on the 

MWR program and to take into account such impact when issuing 

guidance to implement this provision. 

Subtitle F—Other Matters 

Expedited processing of background investigations for certain individuals (sec. 351) 

The House bill contained a provision (sec. 351) that would amend 

section 1564, title 10, United States Code, to authorize the use of 

expedited procedures for completing background investigations for 

the granting of security clearances to assist the transition to a civilian career for military personnel who are applying for a position 

with the Department of Defense and have been retired or separated for a physical disability pursuant to chapter 61 of title 10, 

United States Code. 

The Senate committee-reported bill contained a similar provision 

(sec. 572) that would authorize expedited background investigations required for the granting of security clearances for service 

members expected to be medically retired or separated, their 

spouses, and surviving spouses of service members who die from a 

wound, injuries, or illness incurred or aggravated in the line of 

duty, to assist these individuals in obtaining employment with the 

Department of Defense or a Department of Defense contractor. 

The agreement includes the House provision with an amendment 

that would authorize expedited background investigations for members of the armed forces expected to be retired or separated for 


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physical disability, spouses of members who retire or are separated 

for physical disability after the date of enactment of this Act, and 

spouses of members who die after date of enactment of this Act as 

a result of a wound, injury, or illness incurred or aggravated in the 

line of duty. 

Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when 

space available on commercial lines (sec. 352) 

The House bill contained a provision (sec. 353) that would amend 

current authorities relating to transportation of civilian passengers 

and commercial cargoes by Department of Defense transportation 

when space is available on commercial lines. 

The Senate committee-reported bill contained a similar provision 

(sec. 348). 

The agreement includes the House provision with a clarifying 

amendment. 

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. 353) 

The House bill contained a provision (sec. 354) that would delete 

an obsolete reference to the National Security Personnel System in 

section 2463 of title 10, United States Code. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Authority for payment of full replacement value for loss or damage 

to household goods in limited cases not covered by carrier liability (sec. 354) 

The House bill contained a provision (sec. 362) that would authorize the Secretary of Defense and the service secretaries to pay 

full replacement value for property lost or damaged in the course 

of a household goods move under certain circumstances where reimbursement is not available from the contracted carrier. 

The Senate committee-reported bill contained a similar provision 

(sec. 622) with an effective date of March 1, 2008. 

The agreement includes the House provision. 

Recovery of improperly disposed of defense property (sec. 355) 

The House bill contained a provision (sec. 361) that would authorize the recovery of Department of Defense property that has 

been disposed of in violation of applicable statutory and regulatory 

requirements. 

The Senate committee-reported bill contained a similar provision 

(sec. 344). 

The agreement includes the Senate provision with an amendment clarifying the applicability of the provision and the process 

required for the recovery of covered property. 

Operational readiness models (sec. 356) 

The House bill contained a provision (sec. 355) that would require a Comptroller General report and a study by a federally 


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funded research and development center on the Department of Defense’s modeling and simulation tools used to develop and analyze 

its annual budget submission. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that focused on budget tools for operational readiness, required a 

study from the Congressional Budget Office (CBO) instead, and required briefings to the congressional defense committees from each 

service on their responses to the CBO study. 

Sense of Congress regarding continued importance of high-altitude 

aviation training site, Colorado (sec. 357) 

The House bill contained a provision (sec. 356) that would express the sense of Congress that the High-Altitude Aviation Training Site in Gypsum, Colorado, is an important element of the Department of Defense aviation training activities, and that the Department of Defense should take all appropriate measures to prevent encroachment on the training site that would negatively impact training activities. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Study of effects of new construction of obstructions on military installations and operations (sec. 358) 

The House bill contained a provision (sec. 358) that would require the Secretary of Defense to assess military installations and 

operations and determine areas that are vital to national defense 

and training missions. This section would also require the Secretary of Defense to designate a single organization to coordinate 

hazard determinations with the Secretary of Transportation. 

The Senate committee-reported bill contained a similar provision 

(sec. 1047) that would require the Secretary of Defense to establish 

a comprehensive strategy for addressing military impacts of renewable energy projects and other energy projects, with the objective 

of ensuring that the robust development of renewable energy 

sources and the expansion of the commercial electrical grid may 

move forward in the United States, while minimizing or mitigating 

any adverse impacts on military operations and readiness. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to designate a single 

individual and lead organization to establish a comprehensive 

strategy for addressing military impacts of renewable energy 

projects and other energy projects, with the objective of ensuring 

that the robust development of renewable energy sources and the 

expansion of the commercial electrical grid may move forward in 

the United States, while minimizing or mitigating any adverse impacts on military operations and readiness. 


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LEGISLATIVE PROVISIONS NOT ADOPTED

Depot level maintenance and recapitalization parts supply 

The Senate committee-reported bill contained a provision (sec. 

321) that would direct the Defense Logistics Agency to report to 

Congress on the status of Reset and Retrograde for the equipment 

from Iraq and Afghanistan. 

The House bill contained no similar provision. 

The Senate agreement does not include this provision. 

Not later than 90 days after the date of the enactment of this 

Act, the Director of the Defense Logistics Agency shall brief the 

Committees on Armed Services of the Senate and the House of 

Representatives to include: an estimate of the current and projected scope of work to repair and resupply materiel to the military 

services, including projected costs and lists of major end items 

needed to meet Department of Defense readiness requirements; the 

current and projected timeline for the completion of reset of Operations Iraqi Freedom and New Dawn equipment up to and beyond 

December 31, 2011; the percentage and level of expected reset to 

take place in the United States and the percentage and level of expected reset overseas; a comprehensive assessment of parts management including backlogs and plans to reduce and minimize 

backlogs in parts availability; and a description of Departmentwide efforts to find and implement more efficient parts supply, repair, and manufacturing solutions that will provide capacity and 

flexibility. 

Pilot program on best value for contracts for private security functions 

The House bill contained a provision (sec. 323) that would require the Secretary of Defense to establish a pilot program for the 

use of a ‘‘best value’’ approach in the award of contracts for private 

security functions in the Republic of Iraq and the Islamic Republic 

of Afghanistan. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

Part 15 of the Federal Acquisition Regulation already authorizes 

the use of ‘‘best value’’ contracting in the acquisition of products 

and services, including private security functions. We expect the 

Department of Defense to exercise this authority in the acquisition 

of private security functions in Iraq and Afghanistan, in a manner 

that is consistent with the requirements of conditions on the 

ground in theaters of military operations. As the Commission on 

Wartime Contracting stated in an October 2009 report, ‘‘a best 

value evaluation in a contingency environment, such as Iraq and 

Afghanistan, would give due weight to the needs of operational 

commanders.’’ 


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Additional limitation on indemnification of United States with respect to articles and services sold by working-capital funded 

army industrial facilities and arsenals outside the Department 

of Defense 

The Senate committee-reported bill contained a provision (sec. 

341) that would provide added protections from indemnification to 

the Department of Defense for articles and services sold by working-capital funded Army industrial facilities and arsenals. 

The House bill contained no similar provision. 

The Senate agreement does not include this provision. 

The results of the comprehensive depot study due to the Committees on Armed Services of the Senate and House of Representatives 

in December 2010 is expected to suggest many recommendations 

and potential legislative solutions to the full spectrum of policy 

issues related to Department of Defense manufacturing and maintenance operations. As such, the Committees on Armed Services of 

the Senate and House of Representatives defer action until fiscal 

year 2011. 

Report on use of domestically-produced alternative fuels or technologies by vehicles of the Department of Defense 

The Senate committee-reported bill contained a provision (sec. 

1062) that would require a comprehensive report regarding the current and projected use of domestically-produced alternative fuels or 

technologies by vehicles of the Department of Defense (DOD). 

The House bill contained no similar provision. 

The agreement does not include this provision. 

The Committees on Armed Services of the Senate and House of 

Representatives note that while the Department of Defense is making advances in alternative fuels for vehicles and hybrid electric 

technologies, concerns remain that a strategic-level plan and coordinated approach are lacking and proliferation of technology is 

not as robust across the fleet as it could be. Not later than 45 days 

after the date of the enactment of this Act, the Under Secretary of 

Defense for Acquisition, Technology, and Logistics jointly with the 

Director of the Defense Logistics Agency, shall brief the Committees on Armed Services of the Senate and House of Representatives 

regarding the status of: use and potential use of domestically-produced alternative fuels including but not limited to, natural gasbased fuels and biodiesel, in DOD vehicles; current and projected 

actions by the DOD to increase the use of alternative fuels in vehicles; a description and assessment of current and anticipated commercial availability and demand for alternative fuels including 

cost; a description of the infrastructure and associated costs required to store and distribute alternative fuels on military installations in the United States that could be adapted for use by alternative fuels; a list and status of the current tactical, non-tactical, 

and combat vehicle programs that are pursuing either hybrid or 

electric technologies, or advances to accept alternative fuels; a list 

of research and development programs and funding investments for 

operational energy; and any recommendations for legislative or administrative action to ensure that the DOD meets goals for the use 

of alternative fuels and vehicles. 


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TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces 

End strengths for active forces (sec. 401) 

The House bill contained a provision (sec. 401) that would authorize the following end strengths for active-duty personnel of the 

armed forces as of September 30, 2011: Army, 569,400; Navy, 

328,700; Marine Corps, 202,100; and Air Force, 332,200. 

The Senate committee-reported bill contained an identical provision (sec. 401). 

The agreement includes the provision. 

End strength levels for the active forces for fiscal year 2011 are 

set forth in the following table: 

Service 

FY 2010 FY 2011 Change from 

Authorized Request Recommenda- tion 

FY 2011 

request 

FY 2010 

authorized 

Army ...................................................................... 562,400 569,400 569,400 0 7,000 

Navy ....................................................................... 328,800 328,700 328,700 0 ¥100 

Marine Corps ......................................................... 202,100 202,100 202,100 0 0 

Air Force ................................................................ 331,700 332,200 332,200 0 500 

DOD Total ..................................................... 1,425,000 1,432,400 1,432,400 0 7,400 

Revision in permanent active duty end strength minimum levels 

(sec. 402) 

The House bill contained a provision (sec. 402) that would establish the following minimum end strengths for active-duty personnel 

as of September 30, 2011: Army, 547,400; Navy, 324,300; Marine 

Corps, 202,100; and Air Force, 332,200. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Minimum end strength levels for active forces are set forth in the 

following table: 

Service 

FY 2010 FY 2011 Change from 

Authorized Recommendation FY 2010 

Army .......................................................................................... 547,400 547,400 0 

Navy .......................................................................................... 328,800 324,300 ¥4,500 

Marine Corps ............................................................................. 202,100 202,100 0 

Air Force .................................................................................... 331,700 332,200 500 

DOD Total ......................................................................... 1,410,000 1,406,000 ¥4,000 

Subtitle B—Reserve Forces 

End strengths for Selected Reserve (sec. 411) 

The House bill contained a provision (sec. 411) that would authorize the following end strengths for Selected Reserve personnel, 

including the end strengths for reserves on active duty in support 

of the reserves, as of September 30, 2011: the Army National 

Guard of the United States, 358,200; the Army Reserve, 205,000; 

the Navy Reserve, 65,500; the Marine Corps Reserve, 39,600; the 


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Air National Guard of the United States, 106,700; the Air Force 

Reserve, 71,200; and the Coast Guard Reserve, 10,000. 

The Senate committee-reported bill contained an identical provision (sec. 411). 

The agreement includes the provision. 

End strength levels for the Selected Reserve are set forth in the 

following table: 

Service 

FY 2010 FY 2011 Change from 

Authorized Request Recommenda- tion 

FY 2011 

request 

FY 2010 

authorized 

Army National Guard ............................................. 358,200 358,200 358,200 0 0 

Army Reserve ......................................................... 205,000 205,000 205,000 0 0 

Navy Reserve ......................................................... 65,500 65,500 65,500 0 0 

Marine Corps Reserve ........................................... 39,600 39,600 39,600 0 0 

Air National Guard ................................................ 106,700 106,700 106,700 0 0 

Air Force Reserve .................................................. 69,500 71,200 71,200 0 1,700 

DOD Total ..................................................... 844,500 846,200 846,200 0 1,700 

Coast Guard Reserve ............................................ 10,000 10,000 10,000 0 0 

End strengths for reserves on active duty in support of the reserves 

(sec. 412) 

The House bill contained a provision (sec. 412) that would authorize the following end strengths for reserves on active duty in 

support of the reserve components as of September 30, 2011: the 

Army National Guard of the United States, 32,060; the Army Reserve, 16,261; the Navy Reserve, 10,688; the Marine Corps Reserve, 

2,261; the Air National Guard of the United States, 14,584; and the 

Air Force Reserve, 2,992. 

The Senate committee-reported bill contained an identical provision (sec. 412). 

The agreement includes the provision. 

End strength levels for reserves on active duty in support of the 

reserves are set forth in the following table: 

Service 

FY 2010 FY 2011 Change from 

Authorized Request Recommendation 

FY 2011 

request 

FY 2010 

authorized 

Army National Guard ............................................. 32,060 32,060 32,060 0 0 

Army Reserve ......................................................... 16,261 16,261 16,261 0 0 

Navy Reserve ......................................................... 10,818 10,688 10,688 0 ¥130 

Marine Corps Reserve ........................................... 2,261 2,261 2,261 0 0 

Air National Guard ................................................ 14,555 14,584 14,584 0 29 

Air Force Reserve .................................................. 2,896 2,992 2,992 0 96 

DOD Total ..................................................... 78,851 78,846 78,846 0 ¥5 

End strengths for military technicians (dual status) (sec. 413) 

The House bill contained a provision (sec. 413) that would authorize the following end strengths for military technicians (dual 

status) as of September 30, 2011: the Army Reserve, 8,395; the 

Army National Guard of the United States, 27,210; the Air Force 

Reserve, 10,720; and the Air National Guard of the United States, 

22,394. 

The Senate committee-reported bill contained an identical provision (sec. 413). 


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The agreement includes the provision. 

End strength levels for military technicians (dual status) are set 

forth in the following table: 

Service 

FY 2010 FY 2011 Change from 

Authorized Request Recommenda- tion 

FY 2011 

request 

FY 2010 

athorized 

Army Reserve ......................................................... 8,395 8,395 8,395 0 0 

Army National Guard ............................................. 27,210 27,210 27,210 0 0 

Air Force Reserve .................................................. 10,417 10,720 10,720 0 303 

Air National Guard ................................................ 22,313 22,394 22,394 0 81 

DOD Total ..................................................... 68,335 68,719 68,719 0 384 

Fiscal year 2011 limitation on number of non-dual status technicians (sec. 414) 

The House bill contained a provision (sec. 414) that would establish the following maximum end strengths for the reserve components of the Army and Air Force for non-dual status technicians as 

of September 30, 2011: the Army National Guard of the United 

States, 2,520; the Air National Guard of the United States, 350; the 

Army Reserve, 595; and the Air Force Reserve, 90. 

The Senate committee-reported bill contained a similar provision 

(sec. 414) that would establish maximum end strength for the 

Army National Guard for non-dual status technicians of 1,600. 

The agreement includes the Senate provision. 

End strength levels for non-dual status technicians are set forth 

in the following table: 

Service 

FY 2010 FY 2011 Change from 

Authorized Request Recommendation 

FY 2011 

request 

FY 2010 

authorized 

Army National Guard ............................................. 1,600 2,520 1,600 ¥920 0 

Air National Guard ................................................ 350 350 350 0 0 

Army Reserve ......................................................... 595 595 595 0 0 

Air Force Reserve .................................................. 90 90 90 0 0 

DOD Total ..................................................... 2,635 3,555 2,635 ¥920 0 

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415) 

The House bill contained a provision (sec. 415) that would authorize the maximum number of reserve component personnel who 

may be on active duty or full-time National Guard duty under section 115(b) of title 10, United States Code, during fiscal year 2011 

to provide operational support. 

The Senate committee-reported bill contained an identical provision (sec. 415). 

The agreement includes the provision. 

The maximum number of reserve component personnel who may 

be on active duty or full-time National Guard duty under section 

115(b) of title 10, United States Code, during fiscal year 2011 is set 

forth in the following table: 


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Service 

FY 2010 FY 2011 Change from 

Authorized Request Recommendation 

FY 2011 

request 

FY 2010 

authorized 

Army National Guard ............................................. 17,000 17,000 17,000 0 0 

Army Reserve ......................................................... 13,000 13,000 13,000 0 0 

Navy Reserve ......................................................... 6,200 6,200 6,200 0 0 

Marine Corps Reserve ........................................... 3,000 3,000 3,000 0 0 

Air National Guard ................................................ 16,000 16,000 16,000 0 0 

Air Force Reserve .................................................. 14,000 14,000 14,000 0 0 

DOD Total ..................................................... 69,200 69,200 69,200 0 0 

Subtitle C—Authorization of Appropriations 

Military personnel (sec. 421) 

The House bill contained a provision (sec. 421) that would authorize appropriations for military personnel. 

The Senate committee-reported bill contained a similar provision 

(sec. 421). 

The agreement includes the House provision. 

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy Generally 

Ages for appointment and mandatory retirement for health professions officers (sec. 501) 

The House bill contained a provision (sec. 501) that would amend 

section 532 of title 10, United States Code, to authorize appointment of individuals with certain medical skills who will not be able 

to complete 20 years of active commissioned service before age 62 

as regular and reserve commissioned officers. The provision would 

also amend section 1251 of title 10, United States Code, to authorize the service secretary to defer until age 68 the mandatory retirement of certain health professions officers. 

The Senate committee-reported bill contained a similar provision 

(sec. 507). 

The agreement includes the Senate provision with a technical 

amendment. 

Authority for appointment of warrant officers in the grade of W–1 

by commission and standardization of warrant officer appointing authority (sec. 502) 

The House bill contained a provision (sec. 502) that would amend 

sections 571 and 12241 of title 10, United States Code, to authorize 

appointments of warrant officers, W–1, in both the regular and reserve components, to be made by warrant or commission. 

The Senate committee-reported bill contained a similar provision 

(sec. 509). 

The agreement includes the Senate provision. 

Nondisclosure of information from discussions, deliberations, notes, 

and records of special selection boards (sec. 503) 

The House bill contained a provision (sec. 503) that would amend 

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ify that the nondisclosure provisions applicable to promotion selection boards for officers on the active-duty list and on the reserve 

active-status list are also applicable to promotion selection boards 

for warrant officers and for special selection boards. 

The Senate committee-reported bill contained a similar provision 

(sec. 502). 

The agreement includes the House provision. 

Administrative removal of officers from promotion list (sec. 504) 

The House bill contained a provision (sec. 504) that would amend 

sections 629 and 14310 of title 10, United States Code, to require 

the administrative removal of an officer’s name from a promotion 

list, under regulations prescribed by the Secretary concerned, if the 

officer is discharged or dropped from the rolls, transferred to retired status, or found to have been erroneously included in a zone 

of consideration. 

The Senate committee-reported bill contained a similar provision 

(sec. 503) that did not authorize administrative removal from a promotion list of an officer found to have been erroneously included in 

a zone of consideration. We believe that higher authority outside 

the service concerned must give careful scrutiny to the circumstances surrounding erroneous inclusion of an officer’s name on 

a list of officers recommended for promotion by a selection board 

and determine that removal from the promotion list is justified. 

The agreement includes the Senate provision with a technical 

amendment. 

Modification of authority for officers selected for appointment to 

general and flag officer grades to wear insignia of higher grade 

before appointment (sec. 505) 

The Senate committee-reported bill contained a provision (sec. 

505) that would amend chapter 45 of title 10, United States Code, 

to authorize officers selected for appointment to grades of lieutenant general, vice admiral, general, or admiral, whose nominations 

have been confirmed by the Senate, to wear the insignia for that 

higher grade for a period of up to 14 days before assuming the duties of the position for which the higher grade is authorized. The 

provision would also amend section 777 of title 10, United States 

Code, to remove the required 30 day waiting period following congressional notification before officers below the grades of major 

general or rear admiral are authorized to wear the insignia of the 

next higher grade. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Temporary authority to reduce minimum length of active service as 

a commissioned officer required for voluntary retirement as an 

officer (sec. 506) 

The House bill contained a provision (sec. 506) that would amend 

sections 3911, 6323, and 8911 of title 10, United States Code, to 

authorize the service secretaries to approve the voluntary retirement of officers who have completed 20 years of service, 8 of which 

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thority would begin on the date of enactment of this Act and end 

on September 30, 2013. 

The Senate committee-reported bill contained a similar provision 

(sec. 506). 

The agreement includes the House provision. 

Subtitle B—Reserve Component Management 

Removal of statutory distribution limits on Navy reserve flag officer 

allocation (sec. 511) 

The House bill contained a provision (sec. 513) that would amend 

section 12004 of title 10, United States Code, by removing the statutory distribution limits on Navy Reserve flag officers. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Assignment of Air Force Reserve military technicians (dual status) 

to positions outside Air Force Reserve unit program (sec. 512) 

The House bill contained a provision (sec. 514) that would amend 

section 10216 of title 10, United States Code, to authorize up to 50 

Air Force Reserve technicians to be assigned outside of the unit 

program. 

The Senate committee-reported bill contained a similar provision 

(sec. 523). 

The agreement includes the House provision. 

Temporary authority for temporary employment of non-dual status 

military technicians (sec. 513) 

The House bill contained a provision (sec. 515) that would amend 

section 10217 of title 10, United States Code, to authorize the Secretary of the Army or the Secretary of the Air Force to employ, for 

a period of up to 2 years, a non-dual status technician to backfill 

a mobilized dual status technician. The authority would expire 2 

years after the date of enactment of this Act. 

The Senate committee-reported bill contained a similar provision 

(sec. 524). 

The agreement includes the House provision with an amendment 

that clarifies that non-dual status technicians hired under this authority do not count against the permanent limitations on the number of non-dual status technicians contained in section 10217 of 

title 10, United States Code. 

Revision of structure and functions of the Reserve Forces Policy 

Board (sec. 514) 

The House bill contained a provision (sec. 516) that would amend 

section 10301 of title 10, United States Code, to revise the membership and operating framework of the Reserve Forces Policy Board. 

The Senate committee-reported bill contained a similar provision 

(sec. 903). 

The agreement includes the Senate provision with an amendment that would strike the paragraph specifying employee status 

and compensation and the requirement for the Secretary of Defense 

to certify an effective date. 


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Repeal of requirement for new oath when officers transfer from active-duty list to reserve active-status list (sec. 515) 

The Senate committee-reported bill contained a provision (sec. 

521) that would amend section 12201 of title 10, United States 

Code, to repeal the requirement that an officer who transfers from 

the active component to the reserve component execute a new oath 

of office. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Leave of members of the reserve components of the armed forces (sec. 

516) 

The Senate committee-reported bill contained a provision (sec. 

556) that would amend section 701 of title 10, United States Code, 

to authorize reserve component members to carry over leave accumulated during periods of active service without regard to separation or release from active service, subject to the leave carryover 

limits contained elsewhere in that section. The provision would also 

amend section 501 of title 37, United States Code, to allow reserve 

component members to sell leave accumulated and carried over 

under this authority in the event they separate or retire from their 

reserve component. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard (sec. 517) 

The Senate committee-reported bill contained a provision (sec. 

525) that would amend section 305 of title 32, United States Code, 

to authorize federal recognition of graduates of the United States 

Merchant Marine Academy as commissioned officers of the National Guard. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle C—Joint Qualified Officers and Requirements 

Technical revisions to definition of joint matters for purposes of 

joint officer management (sec. 521) 

The House bill contained a provision (sec. 521) that would amend 

section 668(a) of title 10, United States Code, to change the definition of joint matters to matters related to the achievement of unified action by integrated military forces and to clarify that participation in any one of several enumerated joint activities meets the 

requirement. The provision defines integrated military forces as 

forces that involve participants from more than one of the military 

departments or a military department and (1) other departments 

or agencies of the United States, (2) the military forces or agencies 

of other countries, or (3) non-governmental persons or entities. 

The Senate committee-reported bill contained a similar provision 

(sec. 504). 

The agreement includes the House provision. 


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Modification of promotion board procedures for joint qualified officers and officers with joint staff experience (sec. 522) 

The House bill contained a provision (sec. 522) that would amend 

section 612 of title 10, United States Code, to require promotion selection boards considering officers who are serving on, or have 

served on, the Joint Staff, or who are joint qualified officers, to include as a member of the board at least one joint qualified officer 

designated by the Chairman of the Joint Chiefs of Staff, and to authorize the Secretary of Defense to waive this requirement for promotion selection boards considering medical officers, dental officers, 

veterinary officers, medical service officers, nurses, biomedical 

science officers, chaplains, judge advocates, and officers in the 

science and technology field for which joint requirements do not 

exist. The provision would also amend sections 615 and 618 of title 

10, United States Code, to clarify that these statutes regarding information furnished to selection boards and action on reports of selection boards are applicable to boards that consider officers who 

are serving on, or have served on, the Joint Staff or are joint qualified officers. 

The Senate committee-reported bill contained a similar provision 

(sec. 501). 

The agreement includes the House provision with a clarifying 

amendment. 

Subtitle D—General Service Authorities 

Extension of temporary authority to order retired members of the 

armed forces to active duty in high-demand, low-density assignments (sec. 531) 

The House bill contained a provision (sec. 531) that would amend 

section 688a(f) of title 10, United States Code, to extend from December 31, 2010, to December 31, 2012, the temporary authority to 

order retired members of the armed forces to active duty in highdemand, low-density assignments and require the Secretary of the 

Defense to submit a report to the Committees on Armed Services 

of the Senate and the House of Representatives containing an assessment of the need to extend this authority beyond December 31, 

2012. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would extend the temporary authority to December 31, 2011. 

Non-chargeable rest and recuperation absence for certain members 

undergoing extended deployment to a combat zone (sec. 532) 

The Senate committee-reported bill contained a provision (sec. 

557) that would authorize the service secretaries, under regulations 

prescribed by the Secretary of Defense, to provide rest and recuperation absence of up to 15 days, including round-trip travel at government expense, to certain service members entitled to hardship 

duty pay while serving in a combat zone designated by the President. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 


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Correction of military records (sec. 533) 

The House bill contained a provision (sec. 532) that would amend 

sections 1552, 1553, and 1554 of title 10, United States Code, to 

require boards for the correction of military records, discharge review boards, and disability retirement and separation review 

boards to ensure that the documents announcing decisions of the 

boards convey the findings and conclusions of the board in an 

itemized and orderly fashion with specific attention to each issue 

presented by the member in regard to that member’s case. The provision would also amend section 1554 of title 10, United States 

Code, to authorize disability retirement and separation review 

boards to review retirements and separations for physical disability 

of enlisted members as well as officers. The provision would also 

extend from December 31, 2010, to December 31, 2013, the limitation on reduction of military and civilian personnel assigned to 

duty with the service review agencies of the military departments. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would authorize disability retirement and separation review 

boards to review retirements and separations of enlisted members 

as well as officers, and would extend until December 31, 2013, the 

limitation on reduction in personnel assigned to duty with service 

review agencies. 

Disposition of members found to be fit for duty who are not suitable 

for deployment or worldwide assignment for medical reasons 

(sec. 534) 

The Senate committee-reported bill contained a provision (sec. 

571) that would amend chapter 61 of title 10, United States Code, 

to prohibit involuntary administrative separation of a service member who has been determined by a Physical Evaluation Board 

(PEB) to be fit for duty based on a subsequent administrative determination that the member is unsuitable for deployment or 

worldwide assignment based on the same medical condition that 

was considered by the PEB. The service member could be retired 

or separated for physical disability if a reevaluation by the PEB results in a determination that the member is unfit to perform the 

duties of the member’s office, grade, rank, or rating. 

The committee is disappointed that the Department of Defense 

has not resolved the differing approaches of the services to this 

problem despite numerous complaints, inquiries, and expressions of 

concern about the inequitable treatment of military personnel with 

medical conditions. The committee expects the Secretary of Defense 

to issue uniform guidance to the services about how to proceed in 

the disposition of currently serving service members who fall into 

this category. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would make the Secretary of Defense the final approval 

authority. 


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Review of laws, policies, and regulations restricting service of female 

members of the armed forces (sec. 535) 

The House bill contained a provision (sec. 534) that would recognize the role and service of female members of the armed forces 

and require the Secretary of Defense to conduct a review of military occupational specialties open to women, and to review, in coordination with the service secretaries, the collocation and other 

policies and regulations that restrict the service of female service 

members. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense, in coordination with 

the service secretaries, to review applicable law, policies, and regulations, including the collocation policy, that may restrict the service of female service members and determine whether changes are 

needed to ensure that female members have an equitable opportunity to compete and excel in the armed forces. The provision 

would require the Secretary of Defense to submit a report containing the results of the review to the congressional defense committees by April 15, 2011. 

Subtitle E—Military Justice and Legal Matters 

Continuation of warrant officers on active duty to complete disciplinary action (sec. 541) 

The House bill contained a provision (sec. 541) that would amend 

section 580 of title 10, United States Code, to authorize the Secretary of the military department concerned to delay the mandatory separation or retirement of a warrant officer against whom action has been commenced with a view to trying the warrant officer 

by court-martial. 

The Senate committee-reported bill contained a similar provision 

(sec. 510). 

The agreement contains the House provision. 

Enhanced authority to punish contempt in military justice proceedings (sec. 542) 

The House bill contained a provision (sec. 542) that would amend 

section 848 of title 10, United States Code, to increase the maximum fine for contempt in military justice proceedings from $100 

to $1,000 and would add willful disobedience of a lawful writ, process, order, rule, decree, or command of a military judge, court of 

inquiry, the United States Court of Appeals for the Armed Forces, 

a military Court of Criminal Appeals, a provost court, or military 

commission as a basis for punishment for contempt. 

The Senate committee-reported bill contained a similar provision 

(sec. 562). 

The agreement includes the House provision with an amendment 

that would include willful disobedience of a civilian judge as a basis 

for punishment for contempt. 


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Improvements to Department of Defense domestic violence programs 

(sec. 543) 

The House bill contained a provision (sec. 545) that would require the Secretary of Defense to implement 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 Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Subtitle F—Member Education and Training Opportunities and 

Administration 

Enhancements of Department of Defense undergraduate nurse training program (sec. 551) 

The Senate committee-reported bill contained a provision (sec. 

539) that would amend section 2016 of title 10, United States Code, 

to make technical and clarifying changes to the Department of Defense undergraduate nurse training program. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Repayment of education loan repayment benefits (sec. 552) 

The House bill contained a provision (sec. 551) that would amend 

sections 2171 and 16301 of title 10, United States Code, to subject 

the loan repayment programs under those sections to the repayment provisions of section 303a(e) of title 37, United States Code, 

and to authorize the service secretaries to pay a lump sum payment for the balance of any loans the services agreed to pay under 

a written agreement existing at the time of the service member’s 

death. 

The Senate committee-reported bill contained a similar provision 

(sec. 538). 

The agreement includes the House provision. 

Participation of Armed Forces Health Professions Scholarship and 

Financial Assistance Program recipients in active duty health 

profession loan repayment program (sec. 553) 

The House bill contained a provision (sec. 671) that would amend 

section 2173 of title 10, United States Code, to authorize loan repayment for students who incurred student loans pursuing an appropriate degree prior to enrolling in the Armed Forces Health Professions Scholarship and Financial Aid Program. 

The Senate committee-reported bill contained a similar provision 

(sec. 534). 

The agreement includes the Senate provision. 


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Active duty obligation for military academy graduates who participate in the Armed Forces Health Professions Scholarship and 

Financial Assistance Program (sec. 554) 

The House bill contained a provision (sec. 552) that would require graduates of the United States Military Academy, the United 

States Naval Academy, and the United States Air Force Academy 

to serve the full period of the active duty service obligation associated with their military academy attendance notwithstanding that 

their participation in the Health Professions Scholarship Program 

(HPSP) requires them to resign their regular commission and serve 

as a reserve officer. 

The Senate committee-reported bill contained a similar provision 

(sec. 533) that would amend sections 4348, 6959, and 9348 of title 

10, United States Code, to clarify that graduates of service academies who participate in the Armed Forces Health Professions 

Scholarship and Financial Assistance Program must serve their 

academy service obligation on active duty after graduating from 

HPSP. 

The agreement includes the Senate provision. 

Subtitle G—Defense Dependents’ Education 

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. 561) 

The House bill contained a provision (sec. 562) that would authorize the Secretary of Defense to permit certain dependents who 

reside in temporary housing in lieu of permanent living quarters 

on a military installation the ability to attend Department of Defense (DOD) domestic dependent elementary and secondary 

schools. 

The Senate committee-reported bill contained a provision (sec. 

553) that would authorize the enrollment in DOD elementary and 

secondary schools of dependents of wounded, ill, or injured service 

members who reside in temporary housing, and of service members 

who reside in temporary housing due to an ongoing base housing 

privatization project, regardless of whether the temporary housing 

is on federal property. 

The agreement includes the House provision with an amendment 

that would authorize the Secretary to permit a dependent of a 

member of the armed forces to enroll in a DOD elementary or secondary school if the dependents reside in temporary housing, regardless of whether the temporary housing is on federal property, 

due to the unavailability of adequate permanent living quarters on 

the military installation to which the member is assigned, or while 

the member is wounded, ill, or injured. 

Continuation of authority to assist local educational agencies that 

benefit dependents of members of the armed forces and Department of Defense civilian employees (sec. 562) 

The House bill contained a provision (sec. 561) that would authorize $50.0 million for continuation of the Department of Defense 

(DOD) assistance program to local educational agencies that are 

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bers and DOD civilian employees. The provision would also authorize $15.0 million for assistance to local educational agencies with 

significant changes in enrollment of school-aged dependents of military members and civilian employees due to base closures, force 

structure changes, or force relocations. 

The Senate committee-reported bill contained a provision (sec. 

551) that would authorize $30.0 million and $5.0 million for each 

assistance program, respectively. 

The agreement includes the House provision with an amendment 

that would authorize $30.0 million for continuation of assistance to 

agencies impacted by enrollment of DOD military and civilian employee dependents, and $10.0 million for assistance to agencies 

with significant changes in enrollment of children due to base closures, force structure changes, or force relocations. 

Impact aid for children with severe disabilities (sec. 563) 

The Senate committee-reported bill contained a provision (sec. 

552) that would authorize $10.0 million in Operation and Maintenance, Defense-wide, for impact aid payments for children with disabilities under section 8003(d) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7703(d)), using the formula set 

forth in section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398), for continuation of the Department of Defense’s assistance to local educational agencies that benefit dependents with severe disabilities. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle H—Decorations and Awards 

Clarification of persons eligible for awards of Bronze Star medal 

(sec. 571) 

The House bill contained a provision (sec. 574) that would amend 

section 1133 of title 10, United States Code, to authorize award of 

the Bronze Star medal to members of a military force who were: 

(1) serving in a geographic area in which hostile fire/imminent danger pay or hazardous duty pay was authorized at the time events 

occurred for which the medal would be awarded; or (2) in receipt 

of hostile fire/imminent danger pay or hazardous duty pay as a result of the events for which the medal would be awarded. 

The Senate committee-reported bill contained a similar provision 

(sec. 567). 

The agreement includes the House provision. 

Authorization and request for award of Distinguished Service Cross 

to Shinyei Matayoshi for acts of valor during World War II (sec. 

572) 

The Senate committee-reported bill contained a provision (sec. 

568) that would authorize the Secretary of the Army to award the 

Distinguished Service Cross to Shinyei Matayoshi for acts of valor 

during World War II. 

The House bill contained no similar provision. 

The agreement includes Senate provision. 


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Authorization and request for award of Distinguished Service Cross 

to Jay C. Copley for acts of valor during the Vietnam War (sec. 

573) 

The House bill contained a provision (sec. 577) that would authorize the Secretary of the Army to award the Distinguished Service Cross to Jay C. Copley, who served in the United States Army 

during the Vietnam War. 

The Senate committee-reported bill contained a similar provision 

(sec. 569). 

The agreement includes the Senate provision. 

Program to commemorate 60th anniversary of the Korean War (sec. 

574) 

The House bill contained a provision (sec. 578) that would authorize the Secretary of Defense to establish a program to commemorate the 60th anniversary of the Korean War. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Subtitle I—Military Family Readiness Matters 

Appointment of additional members of Department of Defense Military Family Readiness Council (sec. 581) 

The House bill contained a provision (sec. 581) that would expand the membership of the Department of Defense Military Family Readiness Council to include a spouse of a general or flag officer, and would clarify the appointment options for the enlisted 

member representation. 

The Senate committee-reported bill contained a provision (sec. 

581) that would require the addition of two members to the Department of Defense Military Family Readiness Council. One representative would be the spouse of an officer serving in the grade of general or admiral, and the other would be the Director of the Office 

of Community Support for Military Families With Special Needs. 

The agreement includes the House provision with an amendment 

that would expand membership on the Council to include a spouse 

of a general or flag officer and the Director of the Office of Community Support for Military Families With Special Needs, and clarify 

the appointment options for enlisted representation on the Council. 

Enhancement of community support for military families with special needs (sec. 582) 

The House bill contained a provision (sec. 582) that would require the Director of the Office of Community Support for Military 

Families With Special Needs to be a member of the Senior Executive Service or a general or flag officer. 

The Senate committee-reported bill contained a provision (sec. 

582) that would: require that the Office of Community Support for 

Military Families With Special Needs conduct periodic reviews of 

best practices in the provision of medical and educational services 

for children with special needs; authorize the secretaries of the 

military departments to establish or support centers to provide 


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medical and educational services for military children with special 

needs; and require the formation of an advisory panel comprised of 

military family members to provide advice to the Director of the 

Office of Community Support for Military Families With Special 

Needs on services and support for military children with special 

needs. 

The agreement includes the Senate provision with an amendment that would add to the Senate provision the requirement contained in the House bill that the Director of the Office of Community Support for Families With Special Needs be a member of the 

Senior Executive Service or a general or flag officer. 

Modification of Yellow Ribbon Reintegration Program (sec. 583) 

The House bill contained a provision (sec. 584) that would: authorize service and state based programs to provide access to service members and their families of all components; require a process 

for evaluating the effectiveness of the Yellow Ribbon Reintegration 

Program; provide information on employment opportunities during 

the post-deployment reconstitution phase; and include resiliency 

training programs in the outreach services provided under the Yellow Ribbon Reintegration Program. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Expansion and continuation of the Joint Family Support Assistance 

Program (sec. 584) 

The House bill contained a provision (sec. 590A) that would 

amend chapter 88 of title 10, United States Code, to require the 

Secretary of Defense to continue to carry out the Joint Family Support Assistance Program at not less than six locations, up to three 

of which must be geographically isolated from a military installation. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would amend section 675 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) 

to require the Secretary to continue to carry out the Joint Family 

Support Assistance Program through December 31, 2012, at not 

less than six locations, at least three of which must be geographically isolated from a military installation. 

Report on military spouse education programs (sec. 585) 

The House bill contained a provision (sec. 589) that would require the Secretary of Defense to review all Department of Defense 

education programs designed to support spouses of military service 

members. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to review all Department of Defense and Department of Veterans Affairs education programs designed to support spouses of military service members. 


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Report on enhancing benefits available for military dependent children with special education needs (sec. 586) 

The Senate committee-reported bill contained a provision (sec. 

583) that would require the Secretary of Defense to conduct a pilot 

program to assess the feasibility and advisability of awarding 

scholarships to military children with special education needs for 

the purpose of ensuring access to appropriate education and related 

services based on an individualized education program. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require the Secretary of Defense, in consultation 

with the Secretary of Education, to submit a report describing the 

needs of military families with children with special needs and 

evaluating options to enhance the benefits available to those families and children under the Individuals with Disabilities Education 

Act (Public Law 108–446). 

Reports on child development centers and financial assistance for 

child care for members of the Armed Forces (sec. 587) 

The Senate committee-reported bill contained a provision (sec. 

584) that would require the Secretary of Defense to submit a report 

not later than 6 months after the date of the enactment of this Act, 

and biennially thereafter, on Department of Defense child development centers and financial assistance provided by the Department 

for off-installation child care. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle J—Other Matters 

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. 591) 

The House bill contained a provision (sec. 596) that would amend 

chapter 155 of title 10, United States Code, to authorize direct acceptance of gifts by members of the Armed Forces and Department 

of Defense and Coast Guard employees and their families. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would 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. 

Increase in number of private sector civilians authorized for admission to the National Defense University (sec. 592) 

The House bill contained a provision (sec. 592) that would amend 

section 2167(a) of title 10, United States Code, to increase from 20 

to 35 the number of eligible private sector civilians who work in organizations relevant to national security who are authorized to receive instruction at the National Defense University. 

The Senate committee-reported bill contained an identical provision (sec. 535). 

The agreement includes this provision. 


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Admission of defense industry civilians to attend United States Air 

Force Institute of Technology (sec. 593) 

The House bill contained a provision (sec. 593) that would amend 

chapter 901 of title 10, United States Code, to authorize the Secretary of the Air Force to permit no more than 125 defense industry employees to receive instruction at the United States Air Force 

Institute of Technology. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Updated terminology for the Army Medical Service Corps (sec. 594) 

The House bill contained a provision (sec. 712) that would amend 

section 3068(a)(5) of title 10, United States Code, to reflect the current structure of the Army Medical Service Corps by renaming the 

Pharmacy, Supply, and Administration Section as the Administrative Health Services Section; the Sanitary Engineering Section as 

the Preventive Medicine Sciences Section; and the Optometry Section as the Clinical Health Sciences Section. 

The Senate committee-reported bill contained a similar provision 

(sec. 593). 

The agreement includes the House provision. 

Date of submission of annual report on Department of Defense 

STARBASE program (sec. 595) 

The House bill contained a provision (sec. 594) that would amend 

section 2193b of title 10, United States Code, to change the date 

for submission of the annual STARBASE program report from 90 

days after the end of each fiscal year to March 31 of each year. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Extension of deadline of submission of final report of Military Leadership Diversity Commission (sec. 596) 

The House bill contained a provision (sec. 595) that would amend 

section 596 of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417) to extend the deadline for submission of the final report of the Military Leadership 

Diversity Commission from 12 months to 18 months after the date 

on which the Commission first meets. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances 

Ineligibility of certain federal civilian employees for reservist income 

replacement payments on account of availability of comparable 

benefits under another program (sec. 601) 

The House bill contained a provision (sec. 607) that would amend 

section 910 of title 37, United States Code, to clarify that civilian 


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employees of the Federal Government may not receive income replacement differential payments concurrently under that section 

and section 5538 of title 5, United States Code. 

The Senate committee-reported bill contained a similar provision 

(sec. 603). 

The agreement includes the House provision with a technical 

amendment. 

Subtitle B—Bonuses and Special and Incentive Pays 

One-year extension of certain bonus and special pay authorities for 

reserve forces (sec. 611) 

The House bill contained a provision (sec. 611) that would extend 

for 1 year the authority to pay the Selected Reserve reenlistment 

bonus; the Selected Reserve affiliation or enlistment bonus; the 

special pay for enlisted members assigned to certain high-priority 

units; the Ready Reserve enlistment bonus for persons without 

prior service; the Ready Reserve enlistment and reenlistment 

bonus for persons with prior service; the Selected Reserve enlistment and reenlistment bonus for persons with prior service; and income replacement payments for certain reserve component members. 

The Senate committee-reported bill contained an identical provision (sec. 611). 

The agreement includes the provision. 

One-year extension of certain bonus and special pay authorities for 

health care professionals (sec. 612) 

The House bill contained a provision (sec. 612) that would extend 

for 1 year the authority to pay the nurse officer candidate accession 

bonus; the repayment of education loans for certain health professionals who serve in the Selected Reserve; accession and retention 

bonuses for psychologists; the accession bonus for registered 

nurses; incentive special pay for nurse anesthetists; special pay for 

Selected Reserve health professionals in critically short wartime 

specialties; the accession bonus for dental officers; the accession 

bonus for pharmacy officers; the accession bonus for medical officers in critically short wartime specialties; and the accession bonus 

for dental specialist officers in critically short wartime specialties. 

The Senate committee-reported bill contained an identical provision (sec. 612). 

The agreement includes the provision. 

One-year extension of special pay and bonus authorities for nuclear 

officers (sec. 613) 

The House bill contained a provision (sec. 613) that would extend 

for 1 year the authority to pay the special pay for nuclear-qualified 

officers extending their period of active service; the nuclear career 

accession bonus; and the nuclear career annual incentive bonus. 

The Senate committee-reported bill contained an identical provision (sec. 613). 

The agreement includes the provision. 


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One-year extension of authorities relating to title 37 consolidated 

special pay, incentive pay, and bonus authorities (sec. 614) 

The House bill contained a provision (sec. 614) that would extend 

for 1 year the general bonus authority for enlisted members; the 

general bonus authority for officers; the special bonus and incentive 

pay authorities for nuclear officers; the special aviation incentive 

pay and bonus authorities; and the special bonus and incentive pay 

authorities for officers in the health professions. The provision 

would also extend for 1 year the authority to pay hazardous duty 

pay; assignment pay or special duty pay; the skill incentive pay or 

proficiency bonus; and the retention bonus for members with critical military skills or assigned to high priority units. 

The Senate committee-reported bill contained an identical provision (sec. 614). 

The agreement includes the provision with a technical amendment. 

One-year extension of authorities relating to payment of other title 

37 bonuses and special pays (sec. 615) 

The House bill contained a provision (sec. 615) that would extend 

for 1 year the authority to pay the aviation officer retention bonus; 

assignment incentive pay; the reenlistment bonus for active members; the enlistment bonus; the accession bonus for new officers in 

critical skills; the incentive bonus for conversion to military occupational specialty to ease personnel shortage; the incentive bonus for 

transfer between armed forces; and the accession bonus for officer 

candidates. 

The Senate committee-reported bill contained a similar provision 

(sec. 615). 

The agreement includes the Senate provision. 

One-year extension of authorities relating to payment of referral bonuses (sec. 616) 

The House bill contained a provision (sec. 616) that would extend 

for 1 year the authority to pay the health professions referral 

bonus and the Army referral bonus under sections 1030 and 3252 

of title 10, United States Code, respectively. 

The Senate committee-reported bill contained an identical provision (sec. 616). 

The agreement includes the provision. 

Subtitle C—Travel and Transportation Allowances 

Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting 

distances (sec. 621) 

The House bill contained a provision (sec. 631) that would extend 

for 1 year the authority to pay travel and transportation allowances for certain inactive duty training outside of normal commuting distances. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Travel and transportation allowances for attendance at Yellow Ribbon Reintegration events (sec. 622) 

The House bill contained a provision (sec. 632) that would authorize travel and transportation allowances for members of the 

uniformed services and one or more designees to attend Yellow Ribbon Reintegration Program events. 

The Senate committee-reported bill contained a similar provision 

(sec. 621). 

The agreement includes the House provision with a technical 

amendment. 

Subtitle D—Disability, Retired Pay and Survivor Benefits 

Elimination of cap on retired pay multiplier for members with 

greater than 30 years of service who retire for disability (sec. 

631) 

The House bill contained a provision (sec. 641) that would amend 

sections 1401, 1402, and 1402a of title 10, United States Code, to 

authorize service members who serve on active duty for more than 

30 years and who are retired with a disability to receive retired 

pay based on their years of service up to 100 percent of their retired pay base. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Payment date for retired and retainer pay (sec. 632) 

The House bill contained a provision (sec. 646) that would amend 

section 1412 of title 10, United States Code, to require military retired and retainer pay to be paid on the first day of each month 

instead of the first business day of each month. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

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. 633) 

The House bill contained a provision (sec. 644) that would amend 

section 12731 of title 10, United States Code, to credit time spent 

by a reserve component member on active duty receiving medical 

care for wounds, injuries, or illness incurred during qualifying active duty service toward the calculation of the age at which such 

member would be entitled to receive retired pay below the age of 

60. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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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. 

634) 

The Senate committee-reported bill contained a provision (sec. 

632) that would amend section 439 of title 37, United States Code, 

to establish the rate of the monthly stipend under the Department 

of Defense family caregiver compensation program as the amount 

of the caregiver stipend under the Department of Veterans Affairs 

program of comprehensive assistance for family caregivers authorized in section 1720G of title 38, United States Code. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Sense of Congress concerning age and service requirements for retired pay for non-regular service (sec. 635) 

The House bill contained a provision (sec. 647) that would express the sense of Congress that amendments to section 12731 of 

title 10, United States Code, made by section 647 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181) were intended to reduce the minimum age at which members 

of a reserve component of the armed forces would begin receiving 

retired pay by 3 months for every 90-day period spent deployed on 

active duty over the course of a career, rather than limiting qualifying time to such periods served wholly within the same fiscal 

year, and that the Department of Defense should correct its erroneous interpretation of that authority. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would express the sense of Congress as stated above, and urge 

the Department of Defense to implement the congressional intent. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits and Operations 

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. 641) 

The House bill contained a provision (sec. 652) that would clarify 

that the competitive contracting requirements for procuring personal telephone services in combat zones established in section 885 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181) apply to unofficial calling centers provided by 

a nonappropriated fund activity and do not apply to wireless cell 

phone services. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Feasibility study on establishment of full exchange store in the 

Northern Mariana Islands (sec. 642) 

The House bill contained a provision (sec. 653) that would require the Secretary of Defense to conduct a study to determine the 

feasibility of establishing a full-service exchange store to support 

the members and dependents within the military community residing in the Northern Mariana Islands. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary to submit within 180 days of the 

enactment of this Act the results of a study to determine the feasibility of establishing a full-service exchange store in the Northern 

Mariana Islands in accordance with existing Department of Defense policy. 

Continuation of commissary and exchange operations at Brunswick 

Naval Air Station, Maine (sec. 643) 

The House bill contained a provision (sec. 654) that would require the Secretary of Defense to provide for the continued operation through September 30, 2011, of each commissary or exchange 

store serving Brunswick Naval Air Station, Maine. The provision 

would also prohibit the Secretary from taking any action to reduce 

or terminate the sale of goods at such stores during fiscal year 

2011. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to provide for the continued operation of commissary or exchange stores serving Brunswick Naval Air Station, Maine, through the later of: the closure of 

the Naval Air Station; or 60 days after the Secretary has made a 

determination regarding the closure of the military resale stores 

based on a review beginning not earlier than 120 days after the enactment of this Act of any report prepared by the Comptroller General relating to commissary or exchange operations at Brunswick 

Naval Air Station. 

Subtitle F—Other Matters 

Report on basic allowance for housing for personnel assigned to sea 

duty (sec. 651) 

The Senate committee-reported bill contained a provision (sec. 

605) that would direct the Secretary of Defense to submit to the 

congressional defense committees by July 1, 2011, a report assessing the standards used to determine eligibility for and level of compensation of basic allowance for housing for married and single 

personnel assigned to sea duty, with and without dependents. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 


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Report on savings from enhanced management of special pay for 

aviation career officers extending period of active duty (sec. 652) 

The House bill contained a provision (sec. 617) that would amend 

section 301b of title 37, United States Code, to require that officers 

transferring from one armed force to another receive the same 

aviation continuation pay (ACP) as other officers in that armed 

force with the same years of aviation service performing similar 

aviation duties notwithstanding any additional active-duty service 

obligation incurred as a result of the transfer. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision that would require the Secretary of Defense to review the use and management of ACP, including the payment of ACP to an officer serving under a pre-existing active-duty service obligation, and to report to the congressional defense committees by no later than August 1, 2011, on the 

results of this review. 

LEGISLATIVE PROVISION NOT ADOPTED

Increase in maximum amount of special pay for duty subject to hostile fire or imminent danger or for duty in foreign area designated as an imminent danger area 

The House bill contained a provision (sec. 618) that would amend 

section 310 of title 37, United States Code, to increase the maximum amount of hostile fire and imminent danger pay to $260 per 

month. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include this provision. 

The Department of Defense’s current policy is to pay hostile fire 

and imminent danger pay at the maximum statutory rate to all 

service members in a specified area. The Department determines 

in regulation which areas qualify. We are sensitive to the fact that 

some service members serve under much more difficult and dangerous circumstances than others, and that not all areas which 

qualify for hostile fire or imminent danger pay are equal. Service 

in certain areas of Iraq or Afghanistan, for instance, is qualitatively different from service in Qatar or Saudi Arabia. 

Under its current implementation timeline, the Department is 

scheduled to implement section 351 of title 37, United States Code, 

in 2013. Section 351, enacted in 2008 as part of the consolidation 

of special and incentive pay authorities, authorizes hostile fire pay 

at the increased maximum rate of $450 per month. We urge the 

Department to accelerate implementation of sections 351(b) (1) and 

(3) to 2011, and to consider implementing them in a tiered manner 

that recognizes the increased daily stress and exposure to danger 

experienced by those service members most engaged in the fight. 


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TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Improvements to Health Benefits 

Extension of prohibition on increases in certain health care costs 

(sec. 701) 

The House bill contained a provision (sec. 701) that would prohibit increasing the premium and copayment for TRICARE Prime, 

the charge for inpatient care for TRICARE Standard, and the premium for TRICARE Standard for members of the Selected Reserve 

until September 30, 2011. 

The Senate committee-reported bill contained a provision (sec. 

701) that would extend for 1 year the current limitation on charges 

for inpatient care in a civilian hospital under TRICARE Standard. 

The agreement includes the House provision. 

We are concerned about the growth of military health care costs, 

and note that the Department has not yet developed a comprehensive plan to enhance quality, efficiencies, and savings in the military health care system. We are encouraged that the Secretary of 

Defense continues to express a willingness to engage in a thoughtful dialogue with Congress to develop this comprehensive strategy, 

and expect to engage with the Department and with beneficiary organizations in the coming year to identify effective strategies to 

control costs so that this important quality of life benefit continues 

into the future. 

Extension of dependent coverage under the TRICARE program (sec. 

702) 

The House bill contained a provision (sec. 702) that would allow 

TRICARE beneficiaries to extend health care coverage to dependent children up to age 26 so that TRICARE beneficiaries would 

have the same ability to extend coverage to dependent children afforded to others under the Patient Protection and Affordable Care 

Act (Public Law 111–148). 

The Senate committee-reported bill contained a similar provision 

(sec. 702). 

The agreement includes the Senate provision with a technical 

amendment. 

Survivor dental benefits (sec. 703) 

The House bill contained a provision (sec. 703) that would make 

dependent survivors eligible to enroll in the TRICARE dental program even if they were not enrolled prior to the death of their 

sponsor. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Aural screenings for members of the armed forces (sec. 704) 

The House bill contained a provision (sec. 704) that would require members of the armed forces to receive pre- and post-deployment aural screenings, to include an assessment of tinnitus. 

The Senate committee-reported bill contained no similar provision. 


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The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to conduct a study to 

identify the best tests currently available to screen service members for tinnitus, to develop a plan to ensure that all service members are screened for tinnitus both pre- and post-deployment to a 

combat zone, and to submit a report on the study and plan. The 

amendment would also require the Secretary to examine and submit a report on methods to improve aural protection for service 

members in combat, and require the Secretary to ensure that all 

studies, findings, plans, and reports are forwarded to the center of 

excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system injuries established in the Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417). 

Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program (sec. 705) 

The House bill contained a provision (sec. 705) that would extend 

for 1 year the limitation on cost sharing requirements for drugs 

provided through the TRICARE retail pharmacy program to 

amounts not more than $3 for generic drugs, $9 for formulary 

drugs, and $22 for non-formulary drugs. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle B—Health Care Administration 

Administration of TRICARE (sec. 711) 

The House bill contained a provision (sec. 711) that would amend 

section 1073 of title 10, United States Code, to state that except as 

otherwise provided in chapter 55 of title 10, United States Code, 

the Secretary of Defense has sole responsibility for administering 

the TRICARE program. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Postdeployment health reassessments for purposes of the medical 

tracking system for members of the armed forces deployed overseas (sec. 712) 

The Senate committee-reported bill contained a provision (sec. 

711) that would require that postdeployment health reassessments 

be included in the medical tracking system and quality assurance 

program for members deployed overseas. The provision would also 

require that the results of medical examinations conducted under 

the system include information on the prescription and administration of psychotropic medications. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 


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Clarification of licensure requirements applicable to military healthcare professionals who are members of the National Guard performing certain duty while in state status (sec. 713) 

The House bill contained a provision (sec. 713) that would amend 

section 1094(d) of title 10, United States Code, to authorize certain 

National Guard personnel with a current health care license to provide health care while performing training or duty under title 32, 

United States Code, in response to an actual or potential disaster. 

The Senate committee-reported bill contained a similar provision 

(sec. 716). 

The agreement includes the Senate provision. 

Improvements to oversight of medical training for Medical Corps officers (sec. 714) 

The House bill contained a provision (sec. 715) that would require the Secretary of Defense to conduct a review of training programs for military Medical Corps officers to ensure that their academic and military performance has been completely documented 

in their military personnel records. 

The Senate committee-reported bill contained a provision (sec. 

542) that would require the Secretary of Defense to report annually 

on the status of graduate medical education programs of the Department of Defense. 

The agreement includes the House provision with an amendment 

to include the Senate provision. 

Health information technology (sec. 715) 

The House bill contained a provision (sec. 718) that would require the Secretary of Defense to conduct an enterprise risk assessment methodology study of all Department of Defense (DOD) 

health information technology programs. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to conduct an enterprise risk assessment methodology study of all DOD health information technology programs. The amendment would also require 

the Secretary to submit a report to the congressional defense committees on the organizational structure of and future plans for all 

DOD health information technology systems, to conduct a survey of 

the users of those systems, and to report on the status of implementing the recommendations made by the Comptroller General in 

the report titled ‘‘Information Technology: Opportunities Exist to 

Improve Management of DOD’s Electronic Health Record Initiative’’ (GAO–11–50). 

Education and training on use of pharmaceuticals in rehabilitation 

programs for wounded warriors (sec. 716) 

The Senate committee-reported bill contained a provision (sec. 

717) that would require the Secretary of Defense to develop and 

implement education and training programs on the use of pharmaceuticals for patients in or in transition to a wounded warrior unit, 

medical caregivers, medical case managers, nonmedical case managers, military leaders, and family members. 


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The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require education and training programs on the 

use of pharmaceuticals for patients in or in transition to a wounded 

warrior unit, nonmedical case managers, military leaders, and family members. The amendment would also require the Secretary to 

review all Department of Defense policies and procedures regarding 

the use of pharmaceuticals in rehabilitation programs for seriously 

ill or injured service members. 

Subtitle C—Other Matters 

Repeal of report requirement on separations resulting from refusal 

to participate in anthrax vaccine immunization program (sec. 

721) 

The Senate committee-reported bill contained a provision (sec. 

732) that would amend section 1178 of title 10, United States Code, 

to remove the requirement that the Secretary of Defense report annually to the Committees on Armed Services of the Senate and the 

House of Representatives on the numbers of service members separated from the service for refusal to participate in the anthrax vaccine immunization program. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Comprehensive policy on consistent neurological cognitive assessments of members of the armed forces before and after deployment (sec. 722) 

The House bill contained a provision (sec. 722) that would require the Secretary of Defense to implement a comprehensive policy on neurocognitive assessments for all members of the military 

who are preparing to deploy or have returned from deployment. 

The Senate committee-reported bill contained a provision (sec. 

712) that would require the Secretary of Defense to develop and 

implement a comprehensive policy on consistent automated neurological cognitive assessments of all service members who are preparing to deploy and all members who have returned from deployment and have experienced an event which could result in traumatic brain injury or a concussion. 

The agreement includes the Senate provision with an amendment that would require the Secretary to develop and implement 

a comprehensive policy on consistent neurological cognitive assessments of service members before and after deployment. 

Assessment of post-traumatic stress disorder by military occupation 

(sec. 723) 

The House bill contained a provision (sec. 725) that would require the Secretary of Defense to conduct an assessment of posttraumatic stress disorder incidence by military occupation. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the secretaries of the military departments to 

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dence by military occupation. The amendment would also require 

the secretaries of the military departments to provide a copy of any 

assessments, studies, findings, plans, and reports to the centers of 

excellence established by sections 1621 and 1622 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181). 

Licensed mental health counselors and the TRICARE program (sec. 

724) 

The House bill contained a provision (sec. 729) that would express the sense of Congress that the Secretary of Defense should 

implement the recommendations made by the Institute of Medicine 

in its congressionally-mandated report regarding the credentials, 

preparation, and training of licensed mental health counselors in 

order for them to practice independently under the TRICARE program, as well as the study’s recommendations regarding 

TRICARE’s implementation of a comprehensive quality management system for all of its mental health professionals. 

The Senate committee-reported bill contained a provision (sec. 

703) that would include licensed mental health counselors in the 

list of providers who are authorized to diagnose and treat patients 

under the TRICARE program. The provision would also require the 

Secretary of Defense to issue regulations setting forth the specific 

requirements that such counselors must meet in order to practice 

independently under TRICARE. 

The agreement includes the Senate provision with an amendment that would require the Secretary of Defense to issue regulations in accordance with section 717 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) no later 

than June 20, 2011. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Policy and Management 

Disclosure to litigation support contractors (sec. 801) 

The House bill contained a provision (sec. 801) that would amend 

section 2320 of title 10, United States Code, to address the protections applicable when non-public information is disclosed to litigation support contractors. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Designation of engine development and procurement program as 

major subprogram (sec. 802) 

The House bill contained a provision (sec. 802) that would require the Secretary of Defense to designate the F135 and F136 engine development and procurement programs as major subprograms of the F–35 Lightning II aircraft major defense acquisition 

program, in accordance with section 2430a of title 10, United 

States Code. 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, amended to require 

that the Secretary designate an F–35 engine development and procurement program as a major subprogram. 

Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies (sec. 803) 

The House bill contained a provision (sec. 804) that would enhance the acquisition flexibility provided to the Secretary of Defense to respond quickly to combat emergencies. 

The Senate committee-reported bill contained a similar provision 

(sec. 835). 

The agreement includes a provision combining elements of the 

House and Senate provisions. 

Review of acquisition process for rapid fielding of capabilities in response to urgent operational needs (sec. 804) 

The Senate committee-reported bill contained a provision (sec. 

811) that would require the Secretary of Defense to develop a new 

acquisition process for rapid fielding of capabilities in response to 

urgent operational needs. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require the Secretary to revise and update existing processes for the rapid fielding of capabilities in response to urgent operational needs. 

Acquisition of major automated information system programs (sec. 

805) 

The Senate committee-reported bill contained a provision (sec. 

812) that would codify planning and oversight requirements for 

major automated information system (MAIS) programs. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment to ensure that resources and infrastructure for the test and 

evaluation of MAIS programs are appropriately addressed. 

Requirements for information relating to supply chain risk (sec. 

806) 

The Senate committee-reported bill contained a provision (sec. 

815) that would authorize the head of an agency to take certain actions to address supply chain risk in the acquisition of national security systems. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment to clarify the determinations required before the head of an 

agency may act, the circumstances in which such determinations 

may be made, and the scope of the actions that may be taken pursuant to such determinations. 


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Subtitle B—Provisions Relating to Major Defense Acquisition 

Programs 

Cost estimates for program baselines and contract negotiations for 

major defense acquisition and major automated information 

system programs (sec. 811) 

The Senate committee-reported bill contained a provision (sec. 

802) that would amend section 2334 of title 10, United States Code, 

to clarify that cost estimates developed for baseline descriptions 

and budgetary purposes are not appropriate for use in contract negotiations and the obligation of funds. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

We expect the next annual report prepared by the Director of 

Cost Assessment and Performance Evaluation to include an assessment of whether and to what extent personnel responsible for cost 

estimates developed for major defense acquisition programs by 

military departments and defense agencies are independent and 

the impact that any lack of independence may have on the quality 

and reliability of such cost estimates. 

Management of manufacturing risk in major defense acquisition 

programs (sec. 812) 

The Senate committee-reported bill contained a provision (sec. 

803) that would require the Secretary of Defense to issue guidance 

on the management of manufacturing risk in major defense acquisition programs. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Modification and extension of requirements of Weapon Systems Acquisition Reform Act of 2009 (sec. 813) 

The Senate committee-reported bill contained a provision (sec. 

804) that would extend by 5 years certain reporting requirements 

under section 102 of the Weapon Systems Acquisition Reform Act 

of 2009 (Public Law 111–23). The bill contained a second provision 

(sec. 806) that would make technical and clarifying amendments to 

the Weapon Systems Acquisition Reform Act of 2009 (Public Law 

111–23). 

The House bill contained no similar provisions. 

The agreement includes the Senate provisions with an amendment that would merge the two provisions into a single section and 

extend the reporting requirements for 3 years. 

Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements (sec. 814) 

The House bill contained a provision (sec. 803) that would clarify 

the applicability of a number of acquisition statutes to major subprograms to major defense acquisition programs. 

The Senate committee-reported bill contained a similar provision 

(sec. 805). 


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The agreement includes a provision combining elements of the 

House and Senate provisions. 

Subtitle C—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Provisions relating to fire resistant fiber for production of military 

uniforms (sec. 821) 

The House bill contained a provision (sec. 811) that would extend 

to 2021 the authority in section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) for the 

Department of Defense to procure fire resistant rayon fiber that is 

manufactured in a foreign country under certain circumstances. 

The Senate committee-reported bill contained a provision (sec. 

856) that would require a comprehensive study of the issue. 

The agreement includes the House provision with an amendment 

that would extend the authority in section 829 for 2 years and require a comprehensive study of the issue. 

Repeal of requirement for certain procurements from firms in the 

small arms production industrial base (sec. 822) 

The House bill contained a provision (sec. 812) that would amend 

section 2473 of title 10, United States Code. 

The Senate committee-reported bill contained a provision (sec. 

817) that would repeal section 2473 of title 10, United States Code. 

The agreement includes the Senate provision. 

Review of regulatory definition relating to production of specialty 

metals (sec. 823) 

The House bill contained a provision (sec. 813) that would define 

the term ‘‘produced’’ for the purposes of section 2533b of title 10, 

United States Code, relating to the production of specialty metals 

within the United States. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision that would require the Secretary of Defense to review and, if necessary, revise the definition 

of the term ‘‘produced’’ currently included in the regulations implementing section 2533b to ensure that the definition is consistent 

with the language of the statute and congressional intent in enacting the provision. 

Guidance relating to rights in technical data (sec. 824) 

The Senate committee-reported bill contained a provision (sec. 

832) that would require the Secretary of Defense to revise guidance 

on rights in technical data to promote competition and ensure that 

the United States is not required to pay more than once for the 

same technical data. 

The House bill contained no similar provision. 

The agreement includes the provision with a clarifying amendment. 


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Extension of sunset date for certain protests of task and delivery 

order contracts (sec. 825) 

The Senate committee-reported bill contained a provision (sec. 

833) that would eliminate the sunset date in section 2304c of title 

10, United States Code, which authorizes bid protests of certain 

task and delivery orders issued under Department of Defense contracts. 

The House bill contained no similar provision. 

The agreement includes the provision with an amendment extending the sunset date for an additional 5 years. 

Inclusion of option amounts in limitations on authority of the Department of Defense to carry out certain prototype projects (sec. 

826) 

The Senate committee-reported bill contained a provision (sec. 

834) that would amend section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) to clarify 

that dollar limitations on the size of other transactions under that 

section include option amounts. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Permanent authority for Defense Acquisition Challenge Program; 

pilot expansion of Program (sec. 827) 

The House bill contained a provision (sec. 831) that would amend 

section 2359b of title 10, United States Code, to extend the Defense 

Acquisition Challenge Program for 5 years, to 2017. The House bill 

contained a second provision (sec. 408 of division D) that would establish a new program, similar to the Challenge Program, focused 

on non-developmental items. 

The Senate committee-reported bill contained a provision (sec. 

813) that would eliminate the sunset date for the Challenge Program, making the program permanent. 

The agreement includes a provision that would make the Challenge Program permanent and amend the program to ensure that 

it covers the non-developmental items addressed in section 408 of 

division D of the House bill. 

Energy savings performance contracts (sec. 828) 

The House bill contained a provision (sec. 832) that would clarify 

the manner in which competition requirements applicable to multiple award task and delivery order contracts apply to energy savings performance contracts (ESPC). 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the provision. 

We note that section 8287 of title 42, which provides the authority for ESPCs, provides for the use of such contracts ‘‘solely for the 

purpose of achieving energy savings and benefits ancillary to that 

purpose.’’ The Department of Defense does not construct new buildings or facilities ‘‘solely for the purpose of achieving energy savings 

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cilities. We expect the Department of Defense to comply with requirements applicable to military construction programs in the construction of all new buildings and facilities. 

Definition of materials critical to national security (sec. 829) 

The House bill contained a provision (sec. 834) that would amend 

section 187 of title 10, United States Code, to define the term ‘‘materials critical to national security’’. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the provision with an amendment incorporating additional clarifying changes to section 187. 

Subtitle D—Contractor Matters 

Oversight and accountability of contractors performing private security functions in areas of combat operations (sec. 831) 

The Senate committee-reported bill contained a provision (sec. 

842) that would establish new oversight and accountability mechanisms for contractors performing private security functions in areas 

of combat operations. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Extension of regulations on contractors performing private security 

functions to areas of other significant military operations (sec. 

832) 

The House bill contained a provision (sec. 845) that would require the Secretary of Defense, in coordination with the Secretary 

of State, to issue regulations to extend and apply the requirements 

of Section 862 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) to the Horn of Africa, Yemen, the 

Philippines, Haiti, and other areas in which significant military operations are conducted. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

extending the regulations to areas of other significant military operations that are designated by the Secretary of Defense. The provision would require the concurrence of the Secretary of State before extension of the regulations to such areas. The provision would 

also allow, by agreement of the Secretaries, non-profit nongovernmental organizations operating in areas of other significant military operations to be exempted from the regulations. The provision 

would define other significant military operations as activities, 

other than combat operations, that are carried out by U.S. Armed 

Forces in an uncontrolled or unpredictable high-threat environment 

where personnel performing security functions may be called upon 

to use deadly force. 

Section 862 would be unchanged as to its applicability to areas 

of combat operations. In particular, the applicability of the regulations in such areas would not require the concurrence of the SecVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00470 Fmt 6602 Sfmt 6602 E:\HR\OC\A160.XXX A160

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retary of State and the exemption for nongovernmental organizations would not be available in such areas. 

Standards and certification for private security contractors (sec. 

833) 

The House bill contained a provision (sec. 324) that would require the Secretary of Defense to establish third-party certification 

of adherence to specified operational and business practice standards as a condition for award of certain contracts for private security functions. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

giving the Secretary flexibility to review proposed standards and 

certification processes and act in the best interests of the Department of Defense. Regardless of the outcome of this review, we expect the Department to develop and implement operational and 

business practice standards for private security contractors in full 

compliance with the requirements of section 862 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181). 

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. 834) 

The Senate committee-reported bill contained a provision (sec. 

843) that would establish a process pursuant to which conduct by 

a contractor which results in the death or serious injury of U.S. 

Government personnel may be considered in the evaluation of contractor performance even in the absence of a judicial determination 

of fault. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment clarifying that the process may be used only where the Secretary has reason to believe that the contractor’s action is not subject to the jurisdiction of United States courts. 

Annual joint report and Comptroller General review on contracting 

in Iraq and Afghanistan (sec. 835) 

The House bill contained a provision (sec. 822) that would amend 

section 863 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) to require the Secretary of Defense, the Secretary of State, and the Administrator of the United 

States Agency for International Development to submit a joint annual report to Congress on contracting in Iraq and Afghanistan. 

The provision would also require an annual review of the joint report by the Comptroller General. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify the matters covered by the joint report. 


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Subtitle E—Other Matters 

Improvements to structure and functioning of Joint Requirements 

Oversight Council (sec. 841) 

The House bill contained a provision (sec. 102 of division D) that 

would update section 181 of title 10, United States Code, to improve the structure and functioning of the Joint Requirements 

Oversight Council. 

The Senate committee-reported bill contained a similar provision 

(sec. 801). 

The agreement includes the Senate provision. 

Department of Defense policy on acquisition and performance of 

sustainable products and services (sec. 842) 

The House bill contained a provision (sec. 833) that would require the Secretary of Defense to develop and issue guidance on the 

consideration of sustainable practices in the procurement of products and services. 

The Senate committee-reported bill contained a provision (sec. 

816) that would require the Secretary to report to the congressional 

defense committees on steps taken to meet the requirements established in Executive Order 13514 for the procurement of sustainable 

products and services. 

The agreement includes the Senate provision with an amendment streamlining the reporting requirements. We note that the 

Secretary of Defense issued a Strategic Sustainability Performance 

Plan in August 2010 that meets the requirements of the House provision. 

Assessment and plan for critical rare earth materials in defense applications (sec. 843) 

The House bill contained a provision (sec. 835) that would require the Secretary of Defense to undertake an assessment of the 

supply chain for rare earth materials and develop plans for the assured supply of critical rare earth materials that could be subject 

to interruption of supply based on actions outside the control of the 

United States Government. The House bill contained a second provision (sec. 840) that would require the Department of Defense to 

develop a plan to develop a secure supply chain for sintered neodymium iron boron magnets. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provisions with an amendment that would combine the two provisions into a single section 

and require that the Secretary’s assessment and plan for critical 

rare earth materials specifically address sintered neodymium iron 

boron magnets. 

Review of national security exception to competition (sec. 844) 

The House bill contained a provision (sec. 836) that would require the Secretary of Defense to review the implementation of the 

national security exception to full and open competition and draft 

new regulations that account for the findings of the review. 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision that would require the Government Accountability Office to review the implementation of the 

national security exception. We expect the examination of possible 

additional uses in this review to consider, at a minimum, a review 

of any legislative proposals to establish national security-related 

exceptions to full and open competition that have been submitted 

to the Department of Defense’s Office of Legislative Counsel in the 

5 years preceding the date of enactment of this Act. 

Requirement for entities with facility clearances that are not under 

foreign ownership control or influence mitigation (sec. 845) 

The House bill contained a provision (sec. 838) that would require entities with facility clearances that are not subject to foreign 

ownership control or influence (FOCI) mitigation to establish government security committees to ensure compliance with the requirements of the national industrial security program. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring the Secretary of Defense to develop a plan to ensure compliance with the national industrial security program by entities 

with facility clearances that are not subject to FOCI mitigation. In 

developing the plan, the Secretary would be required to consider 

whether or not such entities, or any category of such entities, 

should be required to establish government security committees. 

Procurement of photovoltaic devices (sec. 846) 

The House bill contained a provision (sec. 846) that would require each Department of Defense contract for the procurement of 

photovoltaic devices—including energy savings performance contracts, utility service contracts, land leases, and private housing 

contracts—to include a provision requiring compliance with the 

Buy American Act (41 U.S.C. 10a et seq.). 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the inclusion of the clause in contracts only if 

those contracts will result in the ownership of photovoltaic devices 

by the Department of Defense. The provision would also clarify 

that exceptions applicable to Buy American requirements would 

apply to such contracts. 

Non-availability exception from Buy American requirements for procurement of hand or measuring tools (sec. 847) 

The Senate committee-reported bill contained a provision (sec. 

852) that would amend section 2533a of title 10, United States 

Code (known as the ‘‘Berry amendment’’), to clarify that the nonavailability exception in that section applies to hand and measuring tools. 

The House bill contained no similar provision. 

The agreement includes the provision. 


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Contractor logistics support of contingency operations (sec. 848) 

The Senate committee-reported bill contained a provision (sec. 

857) that would require the Defense Science Board (DSB) to conduct a comprehensive review of issues arising in contractor logistics 

support of contingency operations. The provision would also require 

that the Quadrennial Defense Review (QDR) and other military 

planning documents address the expected roles and responsibilities 

of contractors in military operations. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment requiring the DSB to conduct a comprehensive review of the 

full range of issues arising in contractor logistics support of contingency operations, including the extent to which the QDR and other 

military planning documents should address the roles and responsibilities of contractors. 

Subtitle F—Improve Acquisition Act 

Short title (sec. 860) 

The House bill contained a provision (sec. 100A of division D) 

that would provide the short title for the acquisition improvement 

bill incorporated into the House bill. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

PART I—DEFENSE ACQUISITION SYSTEM

Improvements to the management of the defense acquisition system 

(sec. 861) 

The House bill contained a provision (sec. 101 of division D) that 

would: (1) codify certain requirements for the defense acquisition 

system; (2) require periodic performance assessments for elements 

of the defense acquisition system; and (3) codify the acquisition-related functions of the chiefs of staff of the armed forces. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would: (1) codify a definition of the defense acquisition system 

and the responsibility of the Under Secretary of Defense for Acquisition, Technology, and Logistics and the service acquisition executives for the management of the defense acquisition system; (2) codify the acquisition-related functions of the chiefs of staff of the 

armed forces; and (3) require periodic performance assessments for 

elements of the defense acquisition system. 

Comptroller General report on Joint Capabilities Integration and 

Development System (sec. 862) 

The House bill contained three provisions addressing requirements for major defense acquisition programs: a provision (sec. 

825) that would require two reports on the Joint Capabilities Integration and Development System (JCIDS) of the Department of Defense; a provision (sec. 103 of division D) that would require certain 


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changes to JCIDS; and a provision (sec. 105 of division D) that 

would require the establishment of a joint evaluation task force for 

each joint military requirement involving a materiel solution. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a single provision that would require a 

report by the Government Accountability Office addressing the 

issues raised by section 825. The report would also address the feasibility and advisability of the changes to JCIDS as contemplated 

by section 103 and the establishment of joint evaluation task forces 

as contemplated by section 105. 

Requirements for the acquisition of services (sec. 863) 

The House bill contained a provision (sec. 104 of division D) that 

would require the Secretary of Defense to ensure that each military 

department establishes a process for establishing requirements for 

the acquisition of contract services. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, with an amendment to distinguish between the processes applicable to contract 

services in support of combatant commands and military operations, and other categories of contract services. 

Review of defense acquisition guidance (sec. 864) 

The House bill contained a provision (sec. 106 of division D) that 

would require the Secretary of Defense to review the acquisition 

guidance of the Department of Defense. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Requirement to review references to services acquisition throughout 

the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement (sec. 865) 

The House bill contained a provision (sec. 107 of Division D) that 

would require that the Federal Acquisition Regulation (FAR) be revised to incorporate appropriate references to services acquisition. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, with an amendment that would require the Secretary of Defense, in coordination 

with the Administrator for Federal Procurement Policy and other 

appropriate agency heads, to review the FAR and the Defense Supplement to the FAR and make recommendations as to any changes 

that may be needed to ensure appropriate guidance for and references to services acquisition. 

As highlighted in the report of the Committee on Armed Services 

of the House of Representatives’ Panel on Defense Acquisition Reform, ‘‘services acquisitions require at least the same level of discipline as weapon systems acquisition. Such discipline is critical for 

planning, requirements definition, market research, price reasonableness determinations, and project management and oversight.’’ 


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While the FAR now includes references to the term ‘‘services,’’ a review focused on services acquisition throughout the FAR would enhance and support the procurement and project management community in all aspects of the acquisition planning process. 

Pilot program on acquisition of military purpose nondevelopmental 

items (sec. 866) 

The House bill contained a provision (sec. 108 of division D) that 

would establish procedures for the procurement of military purpose 

nondevelopmental items. 

The Senate committee-reported bill contained a provision (sec. 

831) that would establish a pilot program on acquisition of military 

purpose nondevelopmental items. 

The agreement includes the Senate provision with a clarifying 

amendment. 

PART II—DEFENSE ACQUISITION WORKFORCE

Acquisition workforce excellence (sec. 871) 

The House bill contained a provision (sec. 201 of division D) that 

would require the Department of Defense to use existing workforce 

authorities to build the capabilities and skills of the acquisition 

workforce. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Amendments to the acquisition workforce demonstration project (sec. 

872) 

The House bill contained a provision (sec. 202 of division D) that 

would codify the acquisition workforce demonstration project established pursuant to section 4308 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–108), and extend the 

demonstration project to 2017. 

The Senate committee-reported bill contained a provision (sec. 

851) that would extend the demonstration project to 2017. 

The agreement includes the House provision with a clarifying 

amendment. 

Career development for civilian and military personnel in the acquisition workforce (sec. 873) 

The House bill contained a provision (sec. 204 of division D) that 

would require the Secretary of Defense to ensure the development 

of career paths for military and civilian personnel in the acquisition workforce. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the provision with an amendment to 

streamline certain reporting requirements. 


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Recertification and training requirements (sec. 874) 

The House bill contained a provision (sec. 205 of division D) that 

would require the Secretary of Defense to establish recertification 

and training requirements for the acquisition workforce. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, with an amendment deleting the reference to training provided by private sector 

contractors. 

In general, the Defense Acquisition University (DAU) is responsible for providing and monitoring training for the Department’s 

acquisition workforce. DAU approves additional training providers 

based on review by the American Council on Education to ensure 

that the provider is capable of meeting DAU standards. We expect 

DAU to continue to use public and private resources to train the 

acquisition workforce, as appropriate. 

Information technology acquisition workforce (sec. 875) 

The House bill contained a provision (sec. 206 of division D) that 

would require the Secretary of Defense to develop and carry out a 

plan to strengthen the part of the acquisition workforce that specializes in information technology. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Definition of acquisition workforce (sec. 876) 

The House bill contained a provision (sec. 207 of division D) that 

would provide for the general applicability of the existing statutory 

definition of the acquisition workforce. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Defense Acquisition University curriculum review (sec. 877) 

The House bill contained a provision (sec. 208 of division D) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics to review and validate the curriculum of 

the Defense Acquisition University. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the provision. 

PART III—FINANCIAL MANAGEMENT

Audit readiness of financial statements of the Department of Defense (sec. 881) 

The House bill contained two provisions (sec. 301 and 302 of division D) that are designed to ensure that the Department of Defense 

achieves the objective of having financial statements that are validated as ready for audit by September 30, 2017, as required by section 1003 of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84). 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision that would require the 

Under Secretary of Defense (Comptroller) to: (1) establish interim 

milestones for achieving audit readiness; and (2) review and report 

to Congress on options for providing incentives to the military departments, defense agencies, and defense field activities to achieve 

financial statements validated as ready for audit by September 30, 

2017. 

The Chief Financial Officers Act of 1990 (Public Law 101–576) 

required all federal agencies to achieve auditable financial statements. Twenty years later, the Department of Defense (DOD) remains one of the few federal agencies that has not yet achieved 

this objective. Indeed, not one of the major DOD components has 

yet achieved an auditable financial statement. Moreover, the DOD 

approach to business transformation, DOD business systems modernization, and DOD financial management all remain on the ‘‘high 

risk’’ list of at-risk programs compiled by the Government Accountability Office. 

For these reasons, we conclude that the Department of Defense 

must give a higher priority to its business transformation and financial management objectives, and that concrete milestones are 

required to ensure that senior DOD officials can be held accountable for their efforts to reach these objectives. 

Review of obligation and expenditure thresholds (sec. 882) 

The House bill contained a provision (sec. 303 of division D) that 

would require two reviews of obligation and expenditure benchmarks used by the Department of Defense (DOD). 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring only one review and report. 

We believe that DOD program managers should be encouraged 

to place a higher priority on seeking the best value for the Department and the taxpayer than on meeting arbitrary benchmarks for 

spending. The review and report required by this section is intended to ensure that obligation and expenditure benchmarks do 

not inadvertently prevent the Department from achieving the best 

value possible in the obligation and expenditure of funds. 

Disclosure and traceability of the cost of Department of Defense 

health care contracts (sec. 883) 

The House bill contained a provision (sec. 304 of division D) that 

would require each offeror on a Department of Defense health care 

contract to submit with its bid or proposal a disclosure of the additional cost contained in the bid or proposal as a result of health 

care reform legislation. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

to require a one-time study and report on added costs. 


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PART IV—INDUSTRIAL BASE

Expansion of the industrial base (sec. 891) 

The House bill contained a provision (sec. 401 of division D) that 

would require the Secretary of Defense to establish a program to 

expand the Department of Defense industrial base to increase the 

Department’s access to innovation and the benefits of competition. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Price trend analysis for supplies and equipment purchased by the 

Department of Defense (sec. 892) 

The House bill contained a provision (sec. 402 of division D) that 

would amend section 803 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261) to extend the requirement for commercial price trend analysis. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

clarifying the requirement for price trend analysis and expanding 

the requirement to the full range of supplies and equipment purchased by the Department of Defense. 

Contractor business systems (sec. 893) 

The House bill contained a provision (sec. 404 of division D) that 

would address contract audits and business system reviews conducted by the Department of Defense. The House provision would 

also establish an independent Office of General Counsel within the 

Defense Contract Audit Agency (DCAA). 

The Senate committee-reported bill contained a provision (sec. 

841) that would require the Secretary of Defense to develop a program for the improvement of contractor business systems. 

The agreement includes the Senate provision, with an amendment requiring the Secretary of Defense to ensure that appropriate 

legal resources are provided to DCAA in a manner that is consistent with DCAA’s need to maintain audit independence. When 

DCAA faces a critical legal issue relating to the independence of its 

audit function, we believe it would be appropriate for DCAA to seek 

advice from the General Counsel to the Inspector General of the 

Department of Defense (DOD IG), and for the General Counsel to 

the DOD IG to provide such advice. 

The Government Accountability Office recommended that DCAA 

take a risk-based approach to contract audits and reform its processes to focus on performing quality audits that meet generally accepted government accounting standards. We concur with these 

recommendations, note that the Department also concurred, and 

expect that the Department will continue with its implementation 

of these reforms. 


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Review and recommendations on eliminating barriers to contracting 

with the Department of Defense (sec. 894) 

The House bill contained a provision (sec. 405 of division D) that 

would require the Secretary of Defense to establish a blue ribbon 

panel of business owners who are not traditional Department of 

Defense (DOD) contractors to make recommendations for eliminating barriers to contracting with the Department. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes a provision that would require the DOD 

Director of Small Business Programs, after reaching out to a wide 

range of non-traditional contractors, to review and report on steps 

that could be taken to address such barriers. 

Inclusion of providers of services and information technology in the 

national technology and industrial base (sec. 895) 

The House bill contained a provision (sec. 406 of division D) that 

would amend section 2500 of title 10, United States Code, to include the providers of contract services and information technology 

in the definition of the national technology and industrial base. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the provision with a technical amendment. 

Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy; Industrial Base Fund (sec. 896) 

The House bill contained a provision (sec. 410 of division D) that 

would establish an Industrial Base Council and an Industrial Base 

Fund in the Department of Defense. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would establish statutory authorities for the Deputy Assistant 

Secretary of Defense for Manufacturing and Industrial Base Policy 

and provide for an Industrial Base Fund. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Clothing allowance requirement 

The House bill contained a provision (sec. 501 of division D) that 

would require a review and evaluation of whether items purchased 

under section 418 of title 37, United States Code, should be considered subject to section 2533a of title 10, United States Code (popularly known as the ‘‘Berry Amendment’’). 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

We understand that the Department of Defense changed its policy with regard to the purchase of footwear in recent years, to provide members of the armed forces with an increased clothing allowance, rather than purchasing footwear on their behalf. The Department is directed to report to the Committees on Armed Services of 


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the Senate and the House of Representatives by March 31, 2011 on 

the rationale for this change in policy. 

Cost estimating internship and scholarship programs 

The House bill contained a provision (sec. 209 of division D) that 

would require the Secretary of Defense to develop internship and 

scholarship programs in cost estimating. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

The Defense Acquisition Workforce Improvement Act (chapter 87, 

title 10, United States Code) already provides the Department of 

Defense with the authority to establish internship and scholarship 

programs for highly qualified individuals to prepare them for entry 

into the acquisition workforce. We urge the Department of Defense 

to take advantage of this authority to assist in the recruitment and 

training of the highly-qualified cost estimators that the Department needs. According to testimony provided to the House of Representatives Panel on Defense Acquisition Reform, sound cost estimating is essential to the acquisition process and should be considered a core acquisition function. The use of internship and scholarship programs in this area would benefit the acquisition process. 

Debarment of BP and its subsidiaries 

The House bill contained a provision (sec. 849) that would require the Secretary of Defense to determine whether BP or its subsidiaries should be debarred from contracting with the Department 

of Defense. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

Several reviews are currently under way to determine what went 

wrong and who was responsible for the catastrophic oil spill in the 

Gulf of Mexico earlier this year. It appears that actions and inactions by a number of entities may have contributed to the failures 

that led to the spill. To the extent that gross negligence or misconduct by any Department of Defense contractor is found to have 

played a significant role in the disaster, we expect the Department 

of Defense to review the matter and determine whether suspension, 

debarment, or any other contract action is required to protect the 

interests of the Department and the taxpayer. 

Incentive programs for civilian and military personnel in the acquisition workforce 

The House bill contained a provision (sec. 203 of division D) that 

would require the Secretary of Defense to develop an enhanced system of incentives to promote excellence in the acquisition workforce. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

Section 9902(a) of title 5, United States Code, as added by section 1113(d) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84), created a Department of Defense 


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Civilian Workforce Incentive Fund and directed the Secretary of 

Defense to develop a new system of performance management and 

workforce incentives to connect pay, promotions, and awards to 

performance for the civilian workforce of the Department of Defense. We expect the Department of Defense to fully utilize this authority, and to give special consideration to high performing individuals within the acquisition workforce. 

Penalties for not providing information to contractor databases on 

Iraq and Afghanistan 

The House bill contained a provision (sec. 852) that would require the establishment of penalties for contractors who fail to comply with the requirement to provide information for databases on 

contractor personnel in Iraq and Afghanistan. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

We recognize that the information in the contractor personnel 

database required by section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) remains far 

from complete. We expect the Department of Defense to develop a 

plan of action, including appropriate penalties and incentives, to 

ensure contractor compliance with applicable data requirements. 

Prohibition on contracts with entities engaging in commercial activity in the energy sector of Iran 

The House bill contained a provision (sec. 805) that would prohibit the Secretary of Defense from entering into any contract with 

an entity that engages in commercial activity in the energy sector 

of the Islamic Republic of Iran. 

The Senate committee-reported bill contained a similar provision 

(sec. 818) that would prohibit the Department of Defense from entering into any contract unless the person or entity certifies to the 

Secretary of Defense that the person or entity is not in violation 

of any sanctions laws related to the Islamic Republic of Iran. 

Subsequent to the actions of the Committees on Armed Services 

of the Senate and the House of Representatives the Comprehensive 

Iran Sanctions and Divestment Act (CISADA, Public Law 111–195) 

was enacted. This law is a more comprehensive approach to the 

problems addressed in either the House or Senate-committee provisions. As a result, the goals of these two provisions have been 

achieved with the passage of the CISADA. 

Sense of Congress regarding cost savings through reductions in 

waste, fraud, and abuse 

The House bill contained a provision (sec. 841) that would express the sense of Congress that: (1) the Department of Defense 

could achieve significant cost savings through reductions in waste, 

fraud, and abuse, particularly with regard to contracting processes; 

and (2) the Department should establish a high priority for the implementation of open recommendations of Government Accountability Office (GAO) reports. 

The Senate committee-reported bill contained no similar provision. 


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The agreement does not include the provision. 

We agree that the Department of Defense could achieve significant cost savings through improved management of its acquisition 

and contracting processes, better decisions on what to buy and how 

to buy it, and the elimination of waste, fraud, and abuse. Many 

GAO reports include constructive recommendations on steps that 

the Department could take to address these problems. We urge the 

Department to implement such recommendations. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Department of Defense Management 

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

of Defense (sec. 901) 

The House bill contained a provision (sec. 902) that would amend 

certain provisions of title 10, United States Code, to implement 

changes in the organizational structure of the Office of the Secretary of Defense recommended by the Department of Defense in 

response to the requirements of section 906 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84). 

The Senate committee-reported bill contained a similar provision 

(sec. 902). 

The agreement includes the Senate provision with an amendment clarifying responsibility within the Office of the Secretary of 

Defense for matters relating to Prisoners of War and missing personnel. 

Subtitle B—Space Activities 

Integrated space architectures (sec. 911) 

The House bill contained a provision (sec. 911) that would require the Secretary of Defense and the Director of National Intelligence to maintain the capability to conduct integrated national security space architecture planning, development, coordination, and 

analysis. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the Secretary of Defense and the Director of National Intelligence to develop an integrated process for national security space architecture planning, development, coordination, and 

analysis. This process would be coordinated with the relevant activities of the military departments and the intelligence community. 

Limitation on use of funds for costs of terminating contracts under 

the National Polar-Orbiting Operational Environmental Satellite System program (sec. 912) 

The Senate committee-reported bill contained a provision (sec. 

911) that would prohibit the Secretary of Defense from using any 

funds available for the National Polar-orbiting Operational Environmental Satellite System from being used to pay termination 


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costs until there is an agreement that any termination costs will 

be equally divided between the Department of Defense and the Department of Commerce. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Limitation on use of funds for purchasing Global Positioning System user equipment (sec. 913) 

The Senate committee-reported bill contained a provision (sec. 

912) that would prohibit funds available to the Department of Defense (DOD) from being used to purchase Global Positioning System (GPS) user equipment unless such equipment is capable of receiving the military code or ‘‘M’’ code, in which the DOD has made 

significant investments by deploying GPS satellites with M code capability to allow improved accessibility to GPS satellites and increase anti-jam and anti-spoof capabilities. The provision also includes authority to waive the requirement and would not apply to 

items such as cars and other commercial vehicles that come 

equipped with GPS receiver capability. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Plan for integration of space-based nuclear detection sensors (sec. 

914) 

The Senate committee-reported bill contained a provision (sec. 

913) that would direct the Secretary of Defense in consultation 

with the Director of National Intelligence and the Administrator of 

the National Nuclear Security Administration to develop a plan for 

space-based nuclear detection sensors. The plan would set forth an 

integration plan for the sensors and lay out a path to comply with 

section 1065 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181). 

The provision would prohibit the Secretary of Defense from 

spending more than 75 percent of the funds available for the 

Space-Based Infrared System (SBIRS) from being obligated until 

the plan is submitted. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would prohibit the Secretary of Defense from spending 

more than 90 percent of the funds available for the SBIRS from 

being obligated until the plan is submitted. 

Preservation of the solid rocket motor industrial base (sec. 915) 

The Senate committee-reported bill contained a provision (sec. 

914) that would set forth a series of findings dealing with the fragility of the solid rocket motor industrial base and the importance 

of coordination amongst federal agencies, particularly the National 

Aeronautics and Space Administration (NASA) and the Department of Defense (DOD) to ensure the viability of that base. The 

provision would direct the Secretary of Defense, in consultation 

with the Administrator of NASA, to report on the impact of the 

cancellation of the NASA Constellation program on DOD mission 

requirements. The report would be due to the Committees on 

Armed Services of the Senate and the House of Representatives, 


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the Senate Committees on Commerce, Science, and Transportation, 

and Appropriations, and the House of Representatives Committees 

on Energy and Commerce, and Appropriations, 180 days after the 

date of the enactment of this Act. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would strike the findings and clarify the appropriate 

congressional committees to receive the report. 

Implementation plan to sustain solid rocket motor industrial base 

(sec. 916) 

The Senate committee-reported bill contained a provision (sec. 

915) that would direct the Secretary of Defense to develop an implementation plan to sustain the solid rocket motor industrial base. 

Section 1078 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84) directed the Secretary of Defense 

to develop recommendations to sustain the solid rocket motor industrial base. This provision would utilize the recommendations 

from that report as the foundation to develop an implementation 

plan and to identify the necessary funding to sustain the solid rocket motor industrial base. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Review and plan on sustainment of liquid rocket propulsion systems 

industrial base (sec. 917) 

The Senate committee-reported bill contained a provision (sec. 

916) that would direct the Secretary of Defense, in consultation 

with the Administrator of the National Aeronautics and Space Administration, to review and develop a plan to sustain the liquid 

rocket propulsion system industrial base. The review would include 

actions necessary to support current systems and sustain intellectual and engineering capacity to support next-generation systems 

and engines. The plan would be due by June 1, 2011. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle C—Intelligence-Related Matters 

Five-year extension of authority for Secretary of Defense to engage 

in commercial activities as security for intelligence collection activities (sec. 921) 

The House bill contained a provision (sec. 921) that would extend 

for 5 years the authority of the Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities. 

The Senate committee-reported bill contained a provision (sec. 

921) that would provide permanent authority to the Secretary of 

Defense for commercial cover operations. 

The agreement includes the House provision. 


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Modification of attendees at proceedings of Intelligence, Surveillance, and Reconnaissance Integration Council (sec. 922) 

The Senate committee-reported bill contained a provision (sec. 

922) that would allow the secretary of each military department to 

designate an officer or employee to attend the meetings of the Intelligence, Surveillance, and Reconnaissance (ISR) Integration 

Council. The provision also would delete the terms Joint Military 

Intelligence Program and Tactical Intelligence and Related Activities Program from the statute that established the ISR Integration 

Council and replace it with the term Military Intelligence Program. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Report on Department of Defense interservice management and coordination of remotely piloted aircraft support of intelligence, 

surveillance, and reconnaissance (sec. 923) 

The Senate committee-reported bill contained a provision (sec. 

923) that would require that the Secretary of Defense produce a report consolidating data from the services and information on several Defense-wide activities that would address a number of issues 

regarding remotely-piloted aircraft systems and the intelligence, 

surveillance, and reconnaissance capabilities they provide or are intended to provide to the Department. The Secretary would be required to report to the congressional defense committees within 150 

days of enactment of this Act. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that makes a technical clarification. 

Report on requirements fulfillment and personnel management relating to Air Force intelligence, surveillance, and reconnaissance provided by remotely piloted aircraft (sec. 924) 

The Senate committee-reported bill contained a provision (sec. 

924) that would require that the Secretary of the Air Force produce 

a report to address a number of issues regarding the Air Force’s 

management of various aspects of remotely-piloted aircraft systems 

and the intelligence, surveillance, and reconnaissance capabilities 

that these systems provide. The Secretary would be required to report to the congressional defense committees within 120 days of enactment of this Act. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

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

Continuous monitoring of Department of Defense information systems for cybersecurity (sec. 931) 

The Senate committee-reported bill contained a provision (sec. 

931) that would require the Secretary of Defense to implement a 

set of information security controls on Department of Defense information networks and systems, and to automate the monitoring and 

reporting on those control measures. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 


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The Secretary of Defense is instructed to broaden the concept of 

automated monitoring and reporting of security controls and status 

to include real-time detection and reporting of intrusions and attacks, and automated response and remediation efforts, through 

such programs as the Host-Based Security System and the evolution of the Security Content Automation Protocols. 

Strategy on computer software assurance (sec. 932) 

The Senate committee-reported bill contained a provision (sec. 

932) that would require the Secretary of Defense to develop and 

implement a strategy for assuring the security of software and software-based applications for all covered systems. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require that the strategy include mechanisms to 

ensure reciprocity between the military services and defense agencies regarding certification and accreditation processes. 

Strategy for acquisition and oversight of Department of Defense 

cyber warfare capabilities (sec. 933) 

The Senate committee-reported bill contained a provision (sec. 

933) that would require the Secretary of Defense to develop a strategy and report to Congress on the rapid acquisition of tools, applications, and other capabilities for cyber warfare. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would (1) tie the required strategy to the overall information technology acquisition process being developed pursuant to 

section 804 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84); (2) require consultation in developing the strategy with the military services; and (3) require that 

the strategy address information sharing and collaboration with allies, other government organizations, academia, and the private 

sector. 

Report on the cyber warfare policy of the Department of Defense 

(sec. 934) 

The Senate committee-reported bill contained a provision (sec. 

934) that would require the Secretary of Defense to report to Congress by March 1, 2011, on the cyber warfare policy of the Department of Defense. 

The House bill contained a provision (sec. 1046) that would require the Secretary of Defense to conduct a study on the current 

and potential use of modeling and simulation tools and technology 

for cyber warfare, including for the purpose of developing deterrence strategies and capabilities. 

The agreement includes the Senate provision with an amendment that would require the Secretary to include in the report the 

current and potential application of modeling and simulation to 

cyber warfare capabilities and deterrence. 


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Reports on Department of Defense progress in defending the Department of Defense and the defense industrial base from cyber 

events (sec. 935) 

The Senate committee-reported bill contained a provision (sec. 

935) that would require the Secretary of Defense to report annually 

through 2015 on the progress of the Department of Defense (DOD) 

in defending DOD and the defense industrial base from cyber attacks. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require the Secretary to measure progress not just 

against a baseline but also in relation to Presidential directives and 

national cybersecurity strategies. The amendment also would require that the report include (1) a synopsis of damage assessments 

investigated by the Damage Assessment Management Office, and 

(2) known or suspected supply chain attacks. 

Subtitle E—Other Matters 

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. 941) 

The House bill contained a provision (sec. 933) that would amend 

section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) to extend for 

2 fiscal years the temporary authority for the five Regional Centers 

for Security Studies of the Department of Defense to waive the reimbursement of costs required under section 184(f) of title 10, 

United States Code, for personnel of nongovernmental organizations and international organizations to participate in activities of 

the centers. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Additional Requirements for quadrennial roles and missions review 

in 2011 (sec. 942) 

The House bill contained a provision (sec. 934) that would require consideration of additional operational functions as part of 

the 2011 Quadrennial Roles and Missions Review as required by 

section 118b of title 10, United States Code. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report on organizational structure and policy guidance of the Department of Defense regarding information operations (sec. 943) 

The Senate committee-reported bill contained a provision (sec. 

951) that would direct the Secretary of Defense to conduct a review 

of the Department of Defense’s organizational structure and policy 

guidance relating to information operations activities. 

The House bill contained no similar provision. 


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The agreement includes the Senate provision with a technical 

and clarifying amendment to the specific reporting requirements. 

Additional guidance relating to this provision is provided in the 

classified annex. 

Report on organizational structures of the geographic combatant 

command headquarters (sec. 944) 

The Senate committee-reported bill contained a provision (sec. 

952) that would require the Secretary of Defense and Chairman of 

the Joint Chiefs of Staff to report to the Committees on Armed 

Services of the Senate and the House of Representatives on effectiveness of the interagency-oriented geographic combatant command headquarters’ organizational structure. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

LEGISLATIVE PROVISION NOT ADOPTED

Unified medical command 

The House bill contained a provision (sec. 903) that would authorize the Secretary of Defense to establish a unified medical command to provide medical services to the armed forces and other 

health care beneficiaries of the Department of Defense as defined 

in chapter 55 of title 10, United States Code, and would require the 

Secretary to develop a comprehensive plan to establish a unified 

medical command. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include this provision. 

We share the Department’s concern about the growth of military 

health care costs, and note that the Department has not yet developed a comprehensive plan to enhance quality, efficiencies, and 

savings in the military health care system. We also note that the 

Secretary of Defense is currently conducting a comprehensive review of Department of Defense structure and operations with the 

goal of improving efficiency through streamlining. We encourage 

the Secretary of Defense to evaluate the potential operational, organizational, and financial benefits of a unified medical command 

during this process. 

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters 

General transfer authority (sec. 1001) 

The House bill contained a provision (sec. 1001) that would allow 

the Secretary of Defense to make transfers between any amounts 

of authorizations for fiscal year 2011 in division A of this Act. This 

section would limit the total amount transferred under this authority to $3.5 billion with an exception that a transfer of funds between military personnel authorizations under title IV shall not be 

counted against the dollar limitation. This section would also require prompt notification to Congress of each transfer made. 

The Senate committee-reported bill contained a similar provision 

(sec. 1001) that would provide $5.0 billion in transfer authority. 


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The agreement includes the House provision with an amendment that provides $4.0 billion in transfer authority. 

Authorization of additional appropriations for operations in Afghanistan, Iraq, and Haiti for fiscal year 2010 (sec. 1002) 

The House bill contained a provision (sec. 1002) that would authorize additional appropriations for fiscal year 2010. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Budgetary effects of this Act (sec. 1003) 

The House bill contained a provision (sec. 1003) dealing with the 

budgetary effects of this Act. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle B—Counter-Drug Activities 

Unified counter-drug and counterterrorism campaign in Colombia 

(sec. 1011) 

The House bill contained a provision (sec. 1011) that would extend, through fiscal year 2011, a continuation of the limited authority provided by section 1021 of the Ronald W. Reagan National Defense Authorization Act (NDAA) for Fiscal Year 2005 (Public Law 

108–375), as amended, which allows the Department of Defense to 

provide assistance to the Government of Colombia to support a unified counterdrug and counterterrorism campaign. 

The Senate committee-reported bill contained a provision (sec. 

1024) that would only extend, through fiscal year 2011, the limitation established by section 1021(c) of the Ronald W. Reagan NDAA 

for Fiscal Year 2005, as amended, on the number of U.S. military 

and federally funded civilian contractor personnel authorized to 

conduct certain activities in the Republic of Colombia. 

The agreement includes the House provision. 

Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities (sec. 

1012) 

The House bill contained a provision (sec. 1012) that would extend, through fiscal year 2011, the support provided by joint task 

forces under section 1022(b) of the National Defense Authorization 

Act (NDAA) for Fiscal Year 2004 (Public Law 108–136), as amended. 

The Senate committee-reported bill contained a provision (sec. 

1023) that would extend, through fiscal year 2011, the authority 

provided under section 1022 of the NDAA for Fiscal Year 2004, as 

amended. The Senate provision would also limit the availability of 

this authority for any fiscal year after 2010. The Senate provision 

would require the Secretary of Defense to determine that a significant connection exists between an entity engaged in illegal drug 

trafficking and the foreign terrorist organization concerned before 

utilizing this authority for any support activity, and it would require the Secretary of Defense to provide a report to Congress as 


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to whether each existing joint task force providing support under 

section 1022 of the NDAA for Fiscal Year 2004, as amended, as of 

September 30, 2010, is providing such support in a manner consistent with this new requirement. 

The agreement includes the Senate provision with an amendment that would authorize the provision of joint task force support 

for counterterrorism activities if the Secretary of Defense determines that the objectives of using the counterdrug funds of any 

joint task force to provide such support relate significantly to the 

objectives of providing support for counterdrug activities by that 

joint task force or any other joint task force. The provision also provides the Secretary with the authority to waive this requirement 

if it is in the vital national security interests of the United States. 

An interim compliance report and subsequent annual compliance 

reports are also required. 

Reporting requirement on expenditures to support foreign counterdrug activities (sec. 1013) 

The House bill contained a provision (sec. 1013) that would extend, by 1 year, the reporting requirement on expenditures to support foreign counterdrug activities under section 1022(a) of the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (Public Law 106–398), as amended. 

The Senate committee-reported bill contained an identical provision (sec. 1025). 

The agreement includes this provision. 

Support for counter-drug activities of certain foreign governments 

(sec. 1014) 

The House bill contained a provision (sec. 1014) that would extend, through fiscal year 2011, the authority of the Secretary of Defense to provide limited support to certain foreign governments for 

counterdrug activities under section 1033 of the National Defense 

Authorization Act (NDAA) for Fiscal Year 1998 (Public Law 105– 

85), as amended. The House provision would also extend the limitation on the maximum amount of support through fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 1022) that would extend, through fiscal year 2011, the Secretary’s authority to provide support under section 1033 of the 

NDAA for Fiscal Year 1998, as amended, extend the limitation on 

the maximum amount of support for that duration, and expand the 

list of foreign governments eligible to receive support under section 

1033 to include the Government of Nicaragua. 

The agreement includes the House provision with an amendment 

that would extend the Secretary’s authority and the limitation on 

the maximum amount of support through fiscal year 2012. 

Notice to Congress on military construction projects for facilities of 

Department of Defense and foreign law enforcement agencies for 

counter-drug activities (sec. 1015) 

The Senate committee-reported bill contained a provision (sec. 

1021) that would require the Secretary of Defense to submit to the 

congressional defense committees a notification of the decision to 

construct, repair, or modify a facility of a foreign law enforcement 


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agency for the purpose of supporting said agency’s counterdrug activities. This provision would enhance the existing notice and wait 

requirement under section 1004(h) of the National Defense Authorization Act (NDAA) for Fiscal Year 1991, as amended (Public Law 

101–510). 

The House bill contained no similar provision. 

The agreement includes the Senate provision with clarifying 

amendments to section 1004 of the NDAA for Fiscal Year 1991, as 

amended. 

To promote transparency, the managers urge the Department of 

Defense to inform the following committees upon commencement of 

any construction outside of the United States under section 1004, 

as amended: the congressional defense and military construction 

committees, as well as the Committee on Foreign Relations of the 

Senate and the Committee on Foreign Affairs of the House of Representatives. 

Subtitle C—Naval Vessels and Shipyards 

Extension of authority for reimbursement of expenses for certain 

Navy mess operations (sec. 1021) 

The Senate committee-reported bill contained a provision (sec. 

1011) that would extend section 1014 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 

110–417), which authorizes the Department of Defense to fund 

from Navy operations and maintenance accounts the cost of meals 

on United States naval and naval auxiliary vessels for non-military 

personnel, through September 30, 2015, and would establish an annual limit of no more than $1.0 million. 

The House bill contained a nearly identical provision (sec. 343). 

The agreement includes the Senate provision. 

Expressing the sense of Congress regarding the naming of a naval 

combat vessel after Father Vincent Capodanno (sec. 1022) 

The House bill included a provision (sec. 1025) that would express the sense of Congress that 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. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Requirements for long-range plan for construction of naval vessels 

(sec. 1023) 

The House bill included a provision (sec. 1021) that would amend 

section 231 of title 10, United States Code, to require the Secretary 

of the Navy to submit a long-range plan for the construction of 

naval vessels with each submission of the Quadrennial Defense Review (QDR). 

The House provision would require that the long-range plan include three distinct sections, each spanning a period of 10 years. 

The first section would be a detailed construction plan for the first 

10 years, the second a probable construction plan for the second 10 


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years, and the third a notional construction plan for the last 10 

years. 

The provision would prevent the Secretary from modifying future 

shipbuilding budget requests during the intervening years between 

submissions of the QDR, unless the change were to be an increase 

in the shipbuilding plan or the change were accompanied by an addendum to the QDR which explained and justified the decrease 

with respect to the national security of the United States. 

The provision would also require that the plan fully comply with 

section 5062(b) of title 10, United States Code, to maintain a minimum of 11 operational aircraft carriers and to phase in the construction of such carriers so as to minimize the total cost of procurement. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, modified to require 

that the Secretary report on the basis for making any reductions 

in the planned shipbuilding levels in years when DOD is not producing a new QDR and to delete the requirement relating to aircraft carriers. 

The committees expect that, following the submission of the 

President’s budget materials for a fiscal year, the Secretary of the 

Navy, at the written request of one of the congressional defense 

committees, will promptly deliver the Navy’s long-term shipbuilding plan used to develop the President’s budget request for 

that fiscal year, as well as a certification from the Secretary of the 

Navy that both the President’s budget request for that fiscal year 

and the budget for the future-years defense program is sufficient 

to fund the construction schedule provided in that plan. The committees expect that such a plan would include the quantity of each 

class of ship to be constructed in that fiscal year and the nine following fiscal years. 

Subtitle D—Counterterrorism 

Extension of certain authority for making rewards for combating 

terrorism (sec. 1031) 

The House bill contained a provision (sec. 1031) that would extend the authority for the Secretary of Defense to offer and make 

rewards to a person providing information or nonlethal assistance 

to U.S. Government personnel or government personnel of allied 

forces participating in a combined operation with U.S. Armed 

Forces through fiscal year 2011. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo 

Bay, Cuba (sec. 1032) 

The House bill contained a provision (sec. 1032) that would prohibit the use of Department of Defense (DOD) funds to transfer, release, or assist in the transfer or release of any detainee at the 


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Guantanamo detention facility to or within the United States, its 

territories, or possessions. 

The Senate committee-reported bill contained a provision (sec. 

1043) that would extend through December 31, 2011, the restrictions on the disposition of detainees at United States Naval Station, Guantanamo Bay, Cuba, under section 1041 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2454). Under this provision, the DOD would be prohibited from releasing any detainee at the Guantanamo detention 

facility into the United States, its territories, or possessions, and 

would be restricted from transferring any detainee into the United 

States until 45 days after the President submits a detailed, comprehensive plan for the disposition of any such detainee. 

The agreement includes the House provision with a clarifying 

amendment. 

Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign 

countries and other foreign entities (sec. 1033) 

The House bill contained a provision (sec. 1033) that would prohibit the use of any funds authorized to be appropriated by this Act 

or otherwise available to the Department of Defense to transfer 

any detainee at United States Naval Station, Guantanamo Bay, 

Cuba, to the custody or effective control of a foreign country or 

other foreign entity unless, 30 days prior to the transfer, the Secretary of Defense certifies to Congress, with the concurrence of the 

Secretary of State, that the government of the country or the recognized leadership of the entity receiving the transferred individual 

meets certain specified criteria. 

The provision would also prohibit the use of Department of Defense funds to transfer any such detainee to the custody or effective 

control of a foreign country or entity if there is a confirmed case 

of an individual transferred from United States Naval Station, 

Guantanamo Bay, Cuba, to that country or entity who has subsequently engaged in terrorist activity. The Secretary of Defense 

would be authorized to waive this prohibition on transfers to countries or foreign entities with a history of recidivism if the Secretary 

certifies that such a transfer would be in the national interest of 

the United States. 

The Senate committee-reported bill contained a provision (sec. 

1044) that would prohibit for 1 year the transfer of any detainee 

at the Guantanamo detention facility to a country where Al Qaeda 

has an active presence, specified as Afghanistan, Pakistan, Saudi 

Arabia, Somalia, and Yemen. 

The agreement includes the House provision with an amendment 

that would clarify that the provision covers the 1 year period beginning on the date of the enactment of this Act. The provision is also 

amended to exempt from the prohibitions under the section actions 

taken by the Secretary of Defense 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. In the event 

such an order is issued, the Secretary of Defense is required to notify Congress promptly of the order’s issuance. 


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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. 1034) 

The House bill contained a provision (sec. 1034) that would prohibit the use of funds authorized to be appropriated by this Act to 

construct or modify any facility in the United States, its territories, 

or possessions to house any detainee transferred from United 

States Naval Station, Guantanamo Bay, Cuba, for purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense (DOD). The provision would also 

require a report on the merits, costs, and risks of using any facility 

in the United States, its territories, or possessions to house detainees from the Guantanamo detention facility for purposes of detention or imprisonment under DOD custody or control. 

The Senate committee-reported bill contained a provision (sec. 

1531) that would restrict the use of the DOD funds available for 

detention operations within the Department of Defense Overseas 

Contingency Operations Transfer Fund solely for such operations 

at the United States Naval Station, Guantanamo Bay, Cuba. 

The agreement includes the House provision. 

Comprehensive review of force protection policies (sec. 1035) 

The House bill contained a provision (sec. 1035) that would require the Secretary of Defense to conduct a comprehensive review 

of the force protection policies of the Department of Defense. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Subtitle E—Homeland Defense and Civil Support 

Limitation on deactivation of existing Consequence Management Response Forces (sec. 1041) 

The Senate committee-reported bill contained a provision (sec. 

1031) that would prohibit the Secretary of Defense from deactivating any existing Chemical, Biological, Radiological, Nuclear, or 

High-Yield Explosive (CBRNE) Consequence Management Response Force until 90 days after certifying that there exists within 

the military an alternative CBRNE consequence management response capability at least as capable as the existing forces. The provision would also require the Secretary to submit a report to the 

congressional defense committees on plans to establish alternative 

Homeland Response Forces. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would remove the 90-day waiting period. 

Subtitle F—Studies and Reports 

Interagency national security knowledge and skills (sec. 1051) 

The House bill contained a provision (sec. 1042) that would require the Secretary of Defense to commission an appropriate, independent non-profit organization to conduct a study to assess the 


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current state of interagency national security knowledge and skills 

of Department of Defense civilians and uniformed personnel and 

make recommendations for strengthening such knowledge and 

skills. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report on establishing a Northeast Regional Joint Training Center 

(sec. 1052) 

The House bill contained a provision (sec. 1043) that would require a report on the need for the establishment of a Northeast Regional Joint Training Center. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Comptroller General report on previously requested reports (sec. 

1053) 

The House bill contained a provision (sec. 1044) that would require the Comptroller General to submit a report evaluating the 

sufficiency, adequacy, and conclusions of several Department of Defense reports on combat air force equipment and programs. The Air 

Force would be prohibited from retiring any fighter aircraft until 

180 days after the Comptroller General submits the report. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision, amended to reduce 

the waiting period for the prohibition on retiring fighter aircraft 

after the Comptroller General submits the report from 180 days to 

90 days. 

Biennial report on nuclear triad (sec. 1054) 

The House bill contained a provision (sec. 1045) that would require the Secretary of Defense in cooperation with the Administrator of the National Nuclear Security Administration, to submit 

a report to the congressional defense committees on the modernization and sustainment of the nuclear triad over the next 20 years 

no later than March 1, 2011. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the Secretary of Defense in cooperation with the 

Administrator to submit the report on a biennial basis with the 

first report due on March 1, 2012. The report would cover the next 

10-year period beginning on the date of the report. 

Comptroller General study on common alignment of world regions 

in departments and agencies with international responsibilities 

(sec. 1055) 

The House bill contained a provision (sec. 1047) that would require the President to commission a study to assess the need for 


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and implications of a common alignment of world regions in the internal organization of departments and agencies of the Federal 

Government with international responsibilities. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that directs the Comptroller General of the United States to conduct the study and clarifies the agencies included and the matters 

covered. 

Required reports concerning bomber modernization, sustainment, 

and recapitalization efforts in support of the national defense 

strategy (sec. 1056) 

The House bill contained a provision (sec. 1048) that would require the Secretary of the Air Force to submit a report to the congressional defense committees, the Congressional Budget Office, 

and the Comptroller General of the United States, on the cost, 

schedule, and performance of modernization and sustainment programs and plans for the current bomber fleet, a discussion of the 

various studies and analysis of alternatives dealing with future 

long-range strike platforms, and the outcome of the ongoing longrange strike study when completed. In addition, the report would 

include a description of the efforts to field a next-generation longrange strike platform and a comparative discussion of the costs, 

testing, fielding, and other attributes of a family of systems as compared to a single platform. The provision would also direct the Director of the Cost Analysis and Program evaluation office to prepare and submit a report to the congressional defense committees, 

the Congressional Budget Office, and the Comptroller General of 

the United States, on the comparative assumptions and costs associated with a family of systems and on the previous plans, cancelled in 2009, to have a single platform. Finally, the provision 

would direct the Congressional Budget Office to submit a report 

that includes a life cycle cost analysis of the costs of sustaining and 

modernizing the current bomber fleet, a single next-generation 

bomber platform, a family of long-range strike systems, and an objectivity and sufficiency review of all the report elements. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the Air Force to submit a comparative report on 

the cost, schedule, performance, and challenges of modernization 

and sustainment programs and plans for the current bomber fleet, 

a discussion of the various long-range strike studies conducted and 

underway, and a comparative analysis of the cost, testing, fielding, 

operational challenges, and other associated issues with a family of 

systems when compared to a single long-range strike platform. The 

required report shall be prepared by a federally funded research 

and development center selected by the Secretary of the Air Force. 

The report is due 365 days from the date of enactment of this Act. 

In addition, the provision would direct the Director of Cost Analysis and Program Evaluation to submit to the congressional defense committee a report setting forth a comparison of the assumptions and life cycle costs of a family of long-range strike systems 


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and on the previous plans, cancelled in 2009, to have a single platform. 

Comptroller General study and recommendations regarding security 

of southern land border of the United States (sec. 1057) 

The Senate committee-reported bill contained a provision (sec. 

1041) that would require the Secretary of Defense to deploy not 

fewer than 6,000 National Guard personnel along the southern 

land border of the United States in order to assist the U.S. Customs and Border Protection in securing the border. 

The House bill contained no similar provision. 

The agreement includes a provision that would require the 

Comptroller General to study the security of the southern land border of the United States and report the findings and recommendations of the study to the Committees on Armed Services of the Senate and the House of Representatives. 

Subtitle G—Miscellaneous Authorities and Limitations 

Public availability of Department of Defense reports required by law 

(sec. 1061) 

The Senate committee-reported bill contained a provision (sec. 

1048) that would require the Department of Defense to make certain reports available to the public. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment to ensure that the Department has the flexibility that it 

needs to withhold reports containing sensitive information that is 

not suitable for public disclosure. 

Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned 

firearms, ammunition, and other weapons (sec. 1062) 

The Senate committee-reported bill contained a provision (sec. 

1042) that would prohibit the Secretary of Defense from regulating 

the otherwise lawful acquisition, possession, ownership, carrying, 

or use of firearms by Department of Defense personnel, subject to 

specified exceptions. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Development of criteria and methodology for determining the safety 

and security of nuclear weapons (sec. 1063) 

The Senate committee-reported bill contained a provision (sec. 

1049) that would direct the Secretary of Energy and the Secretary 

of Defense, acting through the Nuclear Weapons Council to develop 

high level criteria for determining the appropriate baseline for the 

safety and security of nuclear weapons and a methodology for determining the level of safety and security for each type of nuclear 

weapon. A report setting forth the criteria and methodology would 

be due no later than March 1, 2011. Ensuring that the nuclear 

weapons stockpile remains safe and secure are essential elements 

to maintaining a nuclear deterrent. 


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The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would clarify that the criteria for determining the appropriate baseline should cover the life cycle of the nuclear weapons. 

The amendment would also require that the report be submitted no 

later than March 1, 2012. 

Subtitle H—Other Matters 

National Defense Panel (sec. 1071) 

The House bill contained a provision (sec. 1051) that would 

amend section 118 of title 10, United States Code, by replacing the 

Independent Review Panel with a National Defense Panel. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Sale of surplus military equipment to State and local homeland security and emergency management agencies (sec. 1072) 

The House bill included a provision (sec. 1053) that would authorize the sale of excess military equipment to state and local 

homeland security and emergency management agencies. 

The Senate committee-reported bill had a nearly identical provision (sec. 1033). 

The agreement includes the Senate provision. 

Defense research and development rapid innovation program (sec. 

1073) 

The House bill contained a provision (sec. 1054) that would establish a Rapid Innovation Program to accelerate the fielding of innovative technologies. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would stress the importance of a competitive, merit-based program to directly support primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs (such as those articulated through, for 

example, a Joint Urgent Operational Needs Statement). Under this 

program, projects should be selected, among other things, on the 

basis of their responsiveness to identified needs, as articulated in 

the acquisition plan of those programs they intend to support (or 

a validated requirements document). In executing this program, 

the committees expect the Secretary of Defense, working through 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics (USD AT&L) and in coordination with the service secretaries to: 

(1) Develop and implement a competitive, merit-based program designed to stimulate innovative technologies; reduce acquisition or life cycle costs; address technical risks; improve the 

timeliness and thoroughness of test and evaluation outcomes; 

and rapidly insert such products into military systems that 

meet critical national security needs; 


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(2) Develop and implement clear goals and metrics for the 

program that would enhance the insertion of those technologies 

(including dual use technologies) identified in paragraph (1); 

and 

(3) Ensure that projects described below are given full consideration in accordance with competitive and merit-based procedures: 

(a) Phase II Small Business Innovation Research (SBIR) 

or other projects, as determined by the Program Executive 

Officers or Program Managers, which are most likely to be 

fielded within 3 years; 

(b) Responses to an annual broad agency announcement 

or other competitive or merit-based processes; 

(c) Projects executed by the defense laboratories and the 

test and evaluation community; and, 

(d) Projects cost-shared with state, local, or other government funds. 

The committees further note that (sec. 1073) would not require 

or enable any official of the Department of Defense to provide funding to any earmark as defined pursuant to House Rule XXI, clause 

nine or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5. 

Pursuant to similar ongoing studies, the committees encourage 

the Secretary of Defense to request the National Academies to 

evaluate the program after the first year of execution. 

The committees believe that the Department of the Navy’s experience with a similar initiative suggests the broader utility of this 

program within the Department of Defense. During fiscal years 

2008 through 2010, the Navy Program Executive Office Submarine 

successfully capitalized on the successes of SBIR Phase I and II innovations. Funding for those innovations was provided to small 

business projects identified in program acquisition plans for developing certain components for insertion in the procurement process. 

Authority to make excess nonlethal supplies available for domestic 

emergency assistance (sec. 1074) 

The House bill contained a provision (sec. 360) that would authorize the Secretary of Defense to make excess nonlethal supplies 

of the Department of Defense available to support domestic emergency assistance activities. 

The Senate committee-reported bill contained a similar provision 

(sec. 1032). 

The agreement includes the House provision. 

Technical and clerical amendments (sec. 1075) 

The House bill contained a provision (sec. 1055) that would make 

certain technical and clerical amendments. 

The Senate committee-reported bill contained a similar provision 

(sec. 1081). 

The agreement includes the House provision with an amendment 

making additional technical and clerical amendments. 


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Study on optimal balance of manned and remotely piloted aircraft 

(sec. 1076) 

The House bill contained a provision (sec. 1069) that would require the Secretary of Defense to submit a report evaluating the 

balance of manned and remotely piloted aircraft, including, among 

other things, the Secretary’s assessment of the feasibility and desirability of making a more rapid transition from manned to remotely piloted aircraft for a range of operations, including combat 

operations. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Treatment of successor contingency operation to Operation Iraqi 

Freedom (sec. 1077) 

The House bill contained a provision (sec. 4) that would apply 

any law or regulation applicable to Operation Iraqi Freedom to the 

successor contingency operation known as Operation New Dawn. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Program to assess the utility of non-lethal weapons (sec. 1078) 

The House bill contained a provision (sec. 241) that would require the Secretary of Defense to carry out a program to operationally test and evaluate non-lethal weapons and to designate, in the 

annual budget submission and within each of the military department’s procurement account, a procurement line item for non-lethal 

weapons. 

The Senate committee-reported bill contained a provision (sec. 

1063) that would require the Secretary of Defense to submit a report to the congressional defense committees on the role and utility 

of non-lethal weapons and technologies in counterinsurgency operations. 

The agreement includes a provision that would require the Department of Defense to carry out a program to demonstrate and assess the utility and effectiveness of non-lethal weapons, and to submit a report to the congressional defense committees. 

Sense of Congress on nuclear force reductions (sec. 1079) 

The House bill contained a provision (sec. 1057) that included a 

series of findings with respect to the history of nuclear weapons 

and delivery systems. The provision also included a sense of Congress that any future reductions in the nuclear forces of the United 

States should be supported by a thorough assessment of the strategic environment, threat, and policy, and the technical and operational implications of such reductions, and that specific criteria 

are necessary to guide future decisions regarding further reductions in such nuclear forces. Finally the provision would prevent 

any further reductions in nuclear forces until the Secretary of Defense submitted a report setting for the reasons and rational for 

additional reductions and made a series of certifications. Additional 


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reductions could not be implemented until 180 days after the Secretary had submitted the report and made the required certifications. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would set forth a sense of Congress that any future reductions 

in strategic nuclear systems below the levels outlined in the New 

START Treaty, should not be implemented until the President submits a report to the congressional defense committees on the rational for the reductions. This report would include a justification 

for such reductions and an assessment of the strategic environment, threat and policy, and the technical and operational implications of such reductions. In addition the report would include a series of certifications with respect to the strategic environment, 

modernization efforts, the capability of the remaining nuclear 

forces, and the entire strategic picture including how such reductions are compensated by other measures including conventional 

forces and missile defense. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function 

The Senate committee-reported bill contained a provision (sec. 

1002) to repeal the requirement for an annual joint report from the 

Office of Management and Budget and the Congressional Budget 

Office on scoring of outlays in the defense budget function. 

The House bill contained no similar provision. 

The agreement does not include this provision. 

The Committees on Armed Services of the Senate and the House 

of Representatives would have preferred inclusion of this provision 

requested by the Administration and supported by the Congressional Budget Office. However, inclusion of the provision would 

have subjected the agreement to a point of order in the Senate. 

Department of Defense aerospace-related mishap safety investigation 

reports 

The House bill contained a provision (sec. 1041) that would require the secretary of a military department to provide, upon written request by the chairman and ranking member of any of the 

congressional defense committees, a briefing on the privileged findings, causal factors and recommendations contained in a Department of Defense aerospace-related mishap safety investigation report. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not contain the provision. 

We understand that there is a 1989 agreement between the Secretary of the Air Force and the Committee on Armed Services of 

the House of Representatives to provide a briefing to the Chairman 

and Ranking Minority Member of the Committee in response to a 

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ber. We encourage the Secretary of the Air Force to modernize this 

agreement in a manner that would provide technical subject matter 

expertise during briefings to the Chairman and Ranking Minority 

Member of the committee concerned. 

Report on use of domestically-produced alternative fuels or technologies by vehicles of the Department of Defense 

The Senate committee-reported bill contained a provision (sec. 

1062) that would require a comprehensive report regarding the current and projected use of domestically-produced alternative fuels or 

technologies by vehicles of the Department of Defense (DOD). 

The House bill contained no similar provision. 

The agreement does not include this provision. 

The Committees on Armed Services of the Senate and House of 

Representatives note that while the Department of Defense is making advances in alternative fuels for vehicles and hybrid electric 

technologies, concerns remain that a strategic-level plan and coordinated approach are lacking and proliferation of technology is 

not as robust across the fleet as it could be. Not later than 45 days 

after the date of the enactment of this Act, the Under Secretary of 

Defense for Acquisition, Technology, and Logistics jointly with the 

Director of the Defense Logistics Agency, shall brief the Committees on Armed Services of the Senate and House of Representatives 

regarding the status of: use and potential use of domestically-produced alternative fuels including but not limited to, natural gasbased fuels and biodiesel, in DOD vehicles; current and projected 

actions by the DOD to increase the use of alternative fuels in vehicles; a description and assessment of current and anticipated commercial availability and demand for alternative fuels including 

cost; a description of the infrastructure and associated costs required to store and distribute alternative fuels on military installations in the United States that could be adapted for use by alternative fuels; a list and status of the current tactical, non-tactical, 

and combat vehicle programs that are pursuing either hybrid or 

electric technologies, or advances to accept alternative fuels; a list 

of research and development programs and funding investments for 

operational energy; and any recommendations for legislative or administrative action to ensure that the DOD meets goals for the use 

of alternative fuels and vehicles. 

Coordination of Federal Information Policy 

The House bill contained provisions (sec. 1701–1704) that would 

amend Chapter 35 of title 44, United States Code, to update the 

coordination process for information security for the Federal Government. Such updates would include the establishing a National 

Office for Cybersecurity in the Executive Office of the President, 

clarifying agency responsibilities, requiring annual independent audits, and establishing a federal information security incident center. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include this provision. 

We note with concern the proliferation of recent events that underscore critical vulnerabilities to the information infrastructure of 


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the United States. Despite a number of efforts by both the Obama 

and Bush administrations to deal with these growing threats, U.S. 

policies are still woefully outdated. We reiterate the need for additional focus on cybersecurity issues across the Federal Government 

in the near-term, and urge the Obama administration and the next 

Congress to form a strong, collaborative effort that engages the 

public to develop the necessary comprehensive, bipartisan cybersecurity legislation. 

TITLE XI—CIVILIAN PERSONNEL MATTERS

Clarification of authorities at personnel demonstration laboratories 

(sec. 1101) 

The House bill contained a provision (sec. 1102) that would clarify authorities relating to personnel demonstration laboratories and 

increase the number of positions for which such direct hiring authority may be used. 

The Senate committee-reported bill contained a similar provision 

(sec. 1101). 

The agreement includes a provision that would combine the 

House and Senate provisions. 

Requirements for Department of Defense senior mentors (sec. 1102) 

The House bill contained a provision (sec. 210 of division D) that 

would prohibit the use of personal services contracts to hire senior 

mentors. 

The Senate committee-reported bill contained a provision (sec. 

1102) that would require that senior mentors be hired as highly 

qualified experts and comply with all applicable federal laws and 

regulations on personnel and ethics matters. 

The agreement includes the Senate provision. 

One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian 

employees working overseas (sec. 1103) 

The House bill contained a provision (sec. 1104) that would authorize for 2 additional years the head of an executive agency to 

waive the limitations on the aggregate of basic and premium pay 

payable to an employee who performs work in an overseas location 

that is in the area of responsibility of the Commander, United 

States Central Command, or an overseas location that was formerly in the area of responsibility of the Commander, United 

States Central Command but has been moved to the area of responsibility of the Commander, United States Africa Command in 

support of a contingency operation or an operation in response to 

a declared emergency. 

The Senate committee-reported bill contained a provision (sec. 

1103) that would authorize the same waiver authority, but for only 

1 additional year. 

The agreement includes the Senate provision. 


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Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel and care 

and treatment of wounded and injured members of the armed 

forces (sec. 1104) 

The Senate committee-reported bill contained a provision (sec. 

1104) that would authorize the Secretary of Defense to designate 

any category of health care occupation within the Department of 

Defense (DOD) as a shortage category occupation or critical need 

occupation, and would authorize the Secretary to recruit and appoint qualified individuals directly to those positions. The provision 

would also extend hiring authorities under this section from September 30, 2012, until December 31, 2015. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would authorize the Secretary of Defense to designate 

any category of medical or health professional positions within 

DOD as a shortage category occupation or critical need occupation 

and to recruit and appoint qualified individuals to those positions 

directly until December 31, 2015. 

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. 1105) 

The House bill contained a provision (sec. 1103) that would allow 

certain executive branch employees working aboard or in support 

of the forward-deployed carrier USS George Washington (CVN 73) 

to earn overtime pay while the carrier is forward deployed in 

Japan. 

The Senate committee-reported bill contained a provision (sec. 

1107) that would authorize until September 30, 2014, a civilian 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 to receive 

overtime pay. 

The agreement includes the Senate provision with a technical 

amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Designation of Space and Missile Defense Technical Center of the 

U.S. Army Space and Missile Defense Command/Army Forces 

Strategic Command as a Department of Defense Science and 

Technology Reinvention Laboratory 

The Senate committee-reported bill contained a provision (sec. 

1105) that would designate the Space and Missile Defense Technical Center as a science and technology reinvention laboratory. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

The Department of Defense Science and Technology Reinvention 

Laboratories (STRL) program was established by Congress to enable the Department to attract and retain the best and brightest 

scientists and engineers in an increasingly competitive market for 

skilled technical expertise. The committees note that the current 

STRL list may not encompass the full range of laboratories that 


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may meet the Department’s criteria for eligibility as a STRL. 

Therefore, the committees direct the Secretary of Defense to undertake, in coordination with the military services, a thorough review 

of the organizations that also may meet such criteria and to submit 

to the Committees on Armed Services of the Senate and House of 

Representatives by October 1, 2011, a list of any additional organizations that should be considered for designation as a STRL pursuant to section 1105 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84). 

Waiver of certain pay limitations 

The House bill contained a provision (sec. 1105) that would clarify that highly qualified experts hired pursuant to section 9903 of 

title 5, United States Code, should receive benefits and compensation similar to those that other federal civilian employees serving 

in those areas currently receive. This includes premium pay or 

danger pay allowances, compensatory time off, and other appropriate compensation or allowances authorized under chapter 59 of 

title 5, United States Code. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

We note that currently, highly qualified experts serving in areas 

of contingency operations have been denied any type of hazardous 

duty compensation because the Department of Defense and the Office of Personnel Management have interpreted such compensation 

as an incentive, which is explicitly prohibited under section 9903. 

We do not agree with the interpretation that hazardous duty compensation is an incentive and expect the Department to remedy the 

compensation inequities experienced by the highly qualified experts 

currently working in the Republic of Iraq and the Islamic Republic 

of Afghanistan. 

Services of post-combat case coordinators 

The House bill contained a provision (sec. 1106) that would require each federal agency that sends civilian employees on hazardous duty assignments in support of U.S. military operations in 

a contingency operation to assign post-combat case coordinators to 

employees who sustain a traumatic injury, or experience a serious 

disease or illness during performance of their duty in the contingency operation. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

We note that federal civilian employees increasingly are providing support in contingency operations and some are experiencing serious medical problems upon return to their regular assignment. The Department of Defense (DOD) already assigns case 

workers to its civilian expeditionary workforce. The responsibility 

of these case workers is to guide and direct all deployed DOD civilians to available resources, provide intervention in problem claims, 

and work with the service component’s Injury Compensation Program Administrators to help injured employees navigate the Office 

of Worker’s Compensation Program claims process. We encourage 


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other federal agencies to provide similar support for their deployed 

employees who need assistance coordinating benefits between the 

Federal Employees Health Benefits Program and Federal Employees Compensation Act. 

Authority to waive maximum age limit for certain appointments 

The House bill contained a provision (sec. 1107) that would allow 

the Department of Defense (DOD) to waive the hiring and retirement age limits for federal law enforcement and firefighter positions in certain circumstances. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

We note that in 2009 the Secretary of Defense announced plans 

to scale back significantly the use of contractors in support services. While consistent with current law (section 2463 of title 10, 

United States Code), this decision may have resulted in unintended 

consequences when converting law enforcement and firefighting 

functions to Federal Government positions since many contractor 

employees currently performing those functions may not be able to 

compete for the position as a federal employee because of statutory 

age limits. We are aware that the underlying statute (section 3307 

of title 5, United States Code) and DOD instruction (DODI 1440– 

25, volume 336) allow for exceptions to the age limits set for DOD 

firefighters and law enforcement officers. We expect the Secretary 

of Defense to take advantage of these flexibilities in order to retain 

a highly skilled and ready workforce. 

Sense of Congress for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program 

The House bill contained a provision (sec. 1108) that would express the Sense of Congress that the Secretary of Defense should 

waive repayment of the voluntary separation incentive pay (VSIP) 

for employees who accepted a reassignment with the Department 

of Defense during the period of April 1, 2004, to May 1, 2008, and 

had received written assurance that repayment would not be required or would be waived. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

We note that approximately 40 individuals hired during the period of April 1, 2004, to May 1, 2008, were assured that they would 

not be required to repay their separation pay based on an Office 

of Personnel Management (OPM) national emergency guidance 

issued following September 11, 2001. However, we understand that 

it was subsequently determined that the guidance did not apply to 

employees covered under section 9902 of title 5, United States 

Code, which effectively superseded the OPM guidance. While the 

Department no longer waives VSIP repayment for individuals who 

have been rehired since May 1, 2008, we believe those individuals 

who returned to the Department immediately following the declaration of a national emergency, and who received written assurances that repayment would not be required, should retain, or be 


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repaid, their voluntary separation incentive pay. We note that 

paragraphs (f)(6)(A) and (f)(6)(B) of section 9902 of title 5, United 

States Code, already authorize a waiver of VSIP repayment and 

urge the Secretary to utilize this authority for the affected individuals. 

Suspension of DCIPS pay authority extended for a year 

The House bill contained a provision (sec. 1109) that would extend for 1 year the prohibition in section 1114(a) of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84) against adjusting pay rates under the Defense Civilian Intelligence Personnel System (DCIPS). 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include the provision. 

On August 4, 2010, the Secretary of Defense announced that the 

Department of Defense (DOD) would not implement the DCIPS 

policies that would link employee base pay increases to individual 

performance and that all DOD intelligence employees, other than 

those at the National Geo-Spatial Intelligence Agency, would be returned to a General Schedule-like pay system. For this reason, the 

prohibition in section 1114(a) is no longer needed. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and Training 

Expansion of authority for support of special operations to combat 

terrorism (sec. 1201) 

The House bill contained a provision (sec. 1201) that would increase the amount of funds available to the Secretary of Defense 

to provide assistance to foreign forces, irregular forces, groups, or 

individuals supporting or facilitating military operations by U.S. 

special operations forces to combat terrorism from $40.0 million to 

$50.0 million. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

increasing the amount of funds available to the Secretary of Defense for these purposes from $40.0 million to $45.0 million. 

The Committees on Armed Services of the Senate and the House 

of Representatives applaud the Department for taking action to ensure funded activities meet the original intent of this authority, including closing out operations which have achieved their intended 

result or which no longer fit within the scope of the authority. 

However, we remain concerned about the Department’s compliance 

with reporting requirements under this authority, specifically in 

the annual report, and the lack of operational details included in 

the annual report and notifications. Therefore, we direct the Assistant Secretary of Defense for Special Operations/Low Intensity Conflict and Interdependent Capabilities and U.S. Special Operations 

Command to provide the Committees on Armed Services of the 

Senate and the House of Representatives detailed briefings within 

30 days of delivering the required annual report and 6 months 


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thereafter. Such briefings should include, but not be limited to, 

operational details regarding each funded activity, funding execution levels, an assessment of progress toward meeting the intent of 

authorized funding, and anticipated funding requirements through 

future fiscal years. 

Addition of allied government agencies to enhanced logistics interoperability authority (sec. 1202) 

The House bill contained a provision (sec. 1202) that would 

amend section 127d of title 10, United States Code, to authorize 

the Secretary of Defense to provide logistic support, supplies and 

services to nonmilitary logistics, security, or similar agencies of allied governments if it would be beneficial to the United States 

Armed Forces. 

The Senate committee-reported bill contained a similar provision 

(sec. 1201). 

The agreement includes the House provision. 

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. 

1203) 

The Senate committee-reported bill contained a provision (sec. 

1202) that would amend section 1202 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2412), as amended, to allow certain personnel protection equipment to be loaned to partner military forces prior to 

deployment in connection with the training of forces participating 

in combined operations. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Authority to pay personnel expenses in connection with African cooperation (sec. 1204) 

The Senate committee-reported bill contained a provision (sec. 

1204) that would permit the secretary of a military department to 

pay the travel, subsistence, and special compensation of officers 

and students and other expenses that such secretary considers necessary for African cooperation. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Authority to build the capacity of Yemen Ministry of Interior 

Counter Terrorism Forces (sec. 1205) 

The House bill contained a provision (sec. 1203(c)) that would require that the Secretary of Defense transfer to the Secretary of 

State $75.0 million for the purpose of providing assistance to build 

the capacity of the Yemeni Ministry of Interior (MOI), provided 

that, not later than July 31, 2011, the Secretary of State certifies 

that the Department of State is able to provide that assistance. If 

the Secretary of State is unable to issue such a certification, then 

the Secretary of Defense may, with the concurrence of the Secretary of State and subject to the standard procedures of ‘train and 


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equip’ authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163), as amended, 

use that $75.0 million only for the purposes of training and equipping those Yemeni MOI forces. 

The Senate committee-reported bill contained a similar provision 

(sec. 1203). The Senate provision would authorize the Secretary of 

Defense, with the concurrence of the Secretary of State, to use up 

to $75.0 million of funds available for operation and maintenance 

during fiscal year 2011 to build the capacity of the Yemen MOI 

counterterrorism forces to conduct counterterrorism operations 

against al Qaeda in the Arabian Peninsula and its affiliates. 

The agreement includes the Senate provision. 

Air Force scholarships for Partnership for Peace nations to participate in the Euro-NATO Joint Jet Pilot Training Program (sec. 

1206) 

The House bill contained a provision (sec. 1204) that would require the Secretary of the Air Force to establish and maintain a 

demonstration scholarship program to allow personnel of countries 

participating in the North Atlantic Treaty Organization (NATO) 

Partnership for Peace (PfP) program to receive undergraduate pilot 

training through the Euro-NATO Joint Jet Pilot Training 

(ENJJPT) program. The demonstration program would be authorized through the end of fiscal year 2015. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would give the Secretary of the Air Force the authority to establish and maintain a program to allow PfP nations’ personnel to 

receive pilot training through the ENJJPT program. This authority 

would expire at the end of fiscal year 2012. 

Modification and extension of authorities relating to program to 

build the capacity of foreign military forces (sec. 1207) 

The House bill contained a provision (sec. 1203) that would increase the amount authorized for the ‘‘global train and equip’’ program under section 1206 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163), as amended, to $500.0 

million. The provision would also raise to $100.0 million the temporary limitation on the amount of section 1206 funds available for 

building the capacity of foreign military forces to participate in or 

support stabilization operations in which the United States Armed 

Forces are a participant. In addition, the provision in the House 

bill would require the Secretary of Defense to transfer $75.0 million 

of section 1206 funds to the Secretary of State for a program to 

build the capacity of the counterterrorism forces of the Yemeni 

Ministry of the Interior (MOI), or, if the Secretary of State fails to 

certify by July 31, 2011, that the Department of State is able to 

carry out such a program effectively, the Secretary of Defense is 

authorized to conduct or support such a program. The provision 

would also extend for 1 year the authority for the section 1206 program through the end of fiscal year 2012. 

The Senate committee-reported bill contained a provision (sec. 

1212) that would increase the temporary limitation on the amount 


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available to build the capacity of foreign military forces to participate in or support military or stability operations in which the 

United States Armed Forces are a participant to $100.0 million. 

The agreement includes the House provision with an amendment 

that would eliminate the increase in funding for the section 1206 

program for fiscal year 2011. The amendment would also remove 

the authority to use section 1206 funding to build the capacity of 

the counterterrorism forces of the Yemeni MOI. Assistance to build 

the capacity of the Yemeni MOI is authorized in another section of 

this title. 

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

Limitation on availability of funds for certain purposes relating to 

Iraq (sec. 1211) 

The House bill contained a provision (sec. 1211) that would prohibit the use of funds authorized by this Act to establish permanent United States military installations or bases in the Republic 

of Iraq or to exercise United States control of the oil resources of 

Iraq. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

One-year extension and modification of Commanders’ Emergency 

Response Program (sec. 1212) 

The House bill contained a provision (sec. 1212) that would authorize funding for the Commanders’ Emergency Response Program (CERP) during fiscal year 2011 at no more than $100.0 million for CERP in Iraq and no more than $800.0 million for CERP 

in Afghanistan. The provision would also require the Secretary of 

Defense to report to the congressional defense committees on a 

quarterly basis on CERP. 

The Senate committee-reported bill contained a provision (sec. 

1211) that would extend for 1 year the authority for CERP under 

section 1202 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3455), as most recently 

amended by section 1222 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2518). The provision would authorize up to $900.0 million in CERP funding in fiscal year 2011. The provision also included a 1-year extension of the 

authority in section 1222(e) of Public Law 111–84 to use up to 

$100.0 million in CERP funds to support activities to reintegrate 

former insurgents into Afghanistan society. 

The agreement includes the Senate provision with an amendment that would authorize funding during fiscal year 2011 of 

$100.0 million for CERP in Iraq and $400.0 million for CERP in 

Afghanistan. Funding for CERP in Afghanistan would be reduced 

at the request of the Department of Defense to make funds available for the Afghanistan Infrastructure Fund authorized in a separate section of this title. The provision would also prohibit using 

CERP funds in excess of $20.0 million to fund any project, including any ancillary or related elements of the project. In addition, the 

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tailed notification to the congressional defense committees 15 days 

prior to the use of CERP funds for any project anticipated to cost 

$5.0 million or more. 

We remain concerned by the Department’s continuing practice of 

using CERP to fund large-scale projects, particularly in Afghanistan, which is inconsistent with CERP’s purpose of enabling commanders to carry out small-scale projects designed to meet urgent 

humanitarian relief and reconstruction requirements that directly 

benefit the local people. The Afghanistan Infrastructure Fund is 

authorized in a separate section of this title with the expectation 

that this fund, rather than CERP, will be the primary source for 

Department of Defense funding for large-scale development and reconstruction projects in Afghanistan. 

Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations 

(sec. 1213) 

The House bill contained a provision (sec. 1213) that would modify section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as amended by 

1223 of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84; 123 Stat. 2521), to authorize the Secretary of Defense to provide reimbursement to any key cooperating 

nation (Coalition Support Fund reimbursement) for: (a) logistical, 

military, and other support provided by that nation to or in connection with U.S. military operations in Operation Iraqi Freedom 

(OIF) or Operation Enduring Freedom (OEF); or (b) logistical and 

military support provided by that nation to confront the threat 

posed by al’Qaida, the Taliban, and other militant extremists in 

Pakistan. The aggregate amount of reimbursements made under 

this authority would not exceed $1.6 billion during fiscal year 2011. 

The congressional notice and reporting requirements under section 

1233 of Public Law 110–181, as amended by section 1232 of Public 

Law 111–84, would apply to Coalition Support Fund reimbursements authorized by this section. 

The Senate committee-reported bill contained a provision (sec. 

1213) that would extend for fiscal year 2011 the authority of the 

Secretary of Defense under 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), to reimburse key cooperating nations for logistical, military and other support provided to or in connection with OIF or OEF. The provision 

would also require submission to Congress of the Department’s 

guidance for the Coalition Readiness Support Program (CRSP), 

under the authority of section 1233, as amended, to provide specialized training and supplies and loan specialized equipment to key 

cooperating nations, and to provide any modifications to that guidance. The provision would also allow the Department to provide reimbursements for access based on an international agreement 

without a 15-day pre-notification. In addition, the provision would 

extend through September 30, 2012, the notification requirements 

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thorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

393). 

The agreement includes the Senate provision with an amendment that would eliminate the requirement to provide the guidance 

for CRSP. We note that the Department has provided the CRSP 

guidance to the Committees on Armed Services of the Senate and 

the House of Representatives and urge the Department to keep the 

committees informed of any modification to that guidance in the future. 

Extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan (sec. 1214) 

The Senate committee-reported bill contained a provision (sec. 

1215) that would extend through December 31, 2011, the authority 

under section 1234 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–81; 123 Stat. 2533) for the Secretary of Defense, with the concurrence of the Secretary of State, 

to transfer defense articles, and provide defense services in connection with such transfers, to the Iraq security forces or the Afghanistan security forces to support their efforts to restore and maintain 

peace and security internally. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

No permanent military bases in Afghanistan (sec. 1215) 

The House bill contained a provision (sec. 1216) that would prohibit the use of funds authorized by this Act to establish permanent United States military installations in the Islamic Republic of 

Afghanistan. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Authority to use funds for reintegration activities in Afghanistan 

(sec. 1216) 

The House bill contained a provision (sec. 1217) that would authorize the Secretary of Defense to use up to $50.0 million to support the reintegration of former low-level insurgent fighters into Afghan society. The provision would also require a certification by the 

Secretary of State before the Secretary of Defense could carry out 

a reintegration program under this section. In addition, the provision would require the Secretary of Defense to submit to Congress 

the guidance for implementing the program and quarterly reports 

on the activities carried out under this section. 

The Senate committee-reported bill contained a provision (sec. 

1211) that would extend and modify the authority for the Commanders’ Emergency Response Program (CERP), which would include a 1-year extension of the authority in section 1222 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2518) for the Secretary of Defense to use CERP 

funds to support a program to reintegrate former low-level insurgent fighters into Afghan society. 


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The agreement includes the House provision with an amendment 

that would eliminate the requirement for a certification by the Secretary of State before the Secretary of Defense could carry out a 

reintegration program under this section. The provision is also 

amended to require reporting on the activities carried out under 

this section on a semi-annual basis. 

We encourage the Department of Defense and the Department of 

State to provide a briefing within 60 days of enactment of this Act 

to the Committees on Armed Services, Appropriations, and Foreign 

Relations of the Senate and the Committees on Armed Services, 

Appropriations, and Foreign Affairs of the House of Representatives on the plan for the use of funds authorized under this section 

to support a program of reintegration in Afghanistan. 

Authority to establish a program to develop and carry out infrastructure projects in Afghanistan (sec. 1217) 

The agreement includes a provision that would authorize the 

Secretary of Defense and the Secretary of State to establish a program to undertake high-priority, large-scale infrastructure projects 

in support of the civil-military campaign in Afghanistan. The program would be funded through the establishment of the Afghanistan Infrastructure Fund (AIF). Infrastructure projects authorized 

under this program would be jointly developed by the Secretary of 

Defense and the Secretary of State and would be implemented by 

the Secretary of State, in coordination with the Secretary of Defense, unless they agree that the project should be implemented by 

the Secretary of Defense. 

Infrastructure projects authorized under this program would include water, power, transportation and other projects in support of 

the counterinsurgency strategy. AIF funds could also be used for 

certain maintenance and sustainment costs, such as the costs of 

fuel for generators under a program to provide electrical power to 

Kandahar. The provision would authorize the use of up to $400.0 

million in Department of Defense operation and maintenance funds 

in fiscal year 2011 for the AIF. The provision would also require 

the Secretary of Defense to notify Congress no less than 30 days 

prior to the obligation or expenditure of AIF funds or the transfer 

of such funds to the Department of State to implement a project 

under this program. The provision would also include a requirement to report to Congress on the implementation of the Afghanistan infrastructure program. 

The Afghanistan infrastructure program is intended to be a 

whole-of-government approach in support of the counterinsurgency 

plan, with both the Department of Defense and the Department of 

State bringing resources to the effort. We note that the Department 

of Defense has requested, and this Act would provide, that $400.0 

million be made available for the AIF through a reduction in the 

request for the Commanders’ Emergency Response Program. We 

also note that the Department of State has said it plans to reprogram existing foreign assistance resources to support large-scale infrastructure projects deemed critical to the civil-military campaign 

in Afghanistan. 

The Afghanistan infrastructure program is authorized with the 

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frastructure projects, and costs directly related to the sustainment 

and maintenance of those projects, that are critical to counterinsurgency objectives. We expect the Secretary of Defense to closely 

monitor the development and implementation of projects under the 

Afghanistan infrastructure program to ensure that the program is 

carried out consistent with congressional intent. 

Extension of logistical support for coalition forces supporting operations in Iraq and Afghanistan (sec. 1218) 

The House bill contained a provision (sec. 1219) that would authorize the Department of Defense to provide from funds made 

available for operations and maintenance up to $400.0 million in 

supplies, services, transportation (including airlift and sealift), and 

other logistical support for coalition forces supporting operations in 

the Republic of Iraq and the Islamic Republic of Afghanistan. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would replace the House provision with a provision that extends for fiscal year 2011 the authority provided in section 1234 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394) to provide logistical support for coalition forces supporting operations in the Republic of Iraq and the 

Islamic Republic of Afghanistan. 

Recommendations on oversight of contractors engaged in activities 

relating to Afghanistan (sec. 1219) 

The House bill contained a provision (sec. 1222) that would require the Special Inspector General for Afghanistan Reconstruction, in consultation with other Inspectors General, to issue recommendations on measures to improve oversight of contractors in 

Afghanistan. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Extension and modification of Pakistan Counterinsurgency Fund 

(sec. 1220) 

The House bill contained a provision (sec. 1218) that would extend through fiscal year 2011 the Department of Defense Pakistan 

Counterinsurgency Fund (PCF) under section 1224 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84). 

The Senate committee-reported bill contained a provision (sec. 

1214) that would extend the PCF through fiscal year 2011 and require that assistance under the PCF be provided in a manner that 

promotes: (1) observance of and respect for human rights and fundamental freedoms; and (2) respect for legitimate civilian authority 

within Pakistan. 

The agreement includes the Senate provision. 


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Subtitle C—Reports and Other Matters 

One-year extension of report on progress toward security and stability in Afghanistan (sec. 1231) 

The House bill contained a provision (sec. 1215) that in subsection (a) would modify and extend through the end of fiscal year 

2012 the requirement under section 1230 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 385), as amended, for a semi-annual report to Congress on 

progress toward security and stability in Afghanistan. 

The Senate committee-reported bill contained a provision (sec. 

1231) that would extend the reporting requirement under section 

1230 of Public Law 110–181, as amended, through the end of fiscal 

year 2012. 

The agreement includes the Senate provision. 

Two-year extension of United States plan for sustaining the Afghanistan National Security Forces (sec. 1232) 

The House bill contained a provision (sec. 1215) that in subsection (b) would extend through fiscal year 2012 the requirement 

under section 1231 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385) for the Secretary of Defense to report on a long-term plan for sustaining the 

Afghanistan National Security Forces. 

The Senate committee-reported bill contained a similar provision 

(sec. 1232). 

The agreement includes the Senate provision. 

Modification of report on responsible redeployment of United States 

Armed Forces from Iraq (sec. 1233) 

The House bill contained a provision (sec. 1214) that would modify reports concerning United States involvement in the Republic of 

Iraq and would also repeal the reports required by section 1227 of 

the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) as amended, and by section 1225 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181). 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report on Department of Defense support for coalition operations 

(sec. 1234) 

The Senate committee-reported bill contained a provision (sec. 

1233) that would require the Secretary of Defense to report on the 

implementation of Department of Defense authorities to enhance 

the ability of coalition partners to participate in Operation Iraqi 

Freedom and Operation Enduring Freedom. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 


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Reports on police training programs (sec. 1235) 

The Senate committee-reported bill contained a provision (sec. 

1216) that would express the sense of Congress on the need for the 

U.S. Government to take measurable steps to build capacity to advise and mentor the Afghan National Police (ANP) and to clarify 

the roles and missions within the U.S. Government for police training and rule of law operations. The provision would also require a 

number of reports to Congress relating to police training abroad. 

The Department of Defense Inspector General, in consultation with 

the Department of State Inspector General, would be required to 

report on the ANP training program. The provision would also require the U.S. Comptroller General to report on the advantages 

and disadvantages of using U.S. Government personnel in place of 

contractors for the training of the ANP. In addition, the provision 

would require a report by the Secretary of Defense, in consultation 

with the Secretary of State, the Secretary of Homeland Security, 

and the Attorney General, on a strategy for police training and rule 

of law programs in Afghanistan, Iraq, and elsewhere abroad. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would remove the sense of Congress. The amendment 

would also replace the report by the Secretary of Defense with a 

Presidential report on U.S. Government programs for training and 

equipping police abroad. The report would provide a survey of all 

U.S. Government programs involved in police training and equipping and include an assessment of: the ongoing requirements for 

police training and equipping programs; the appropriate roles of 

the various U.S. Government departments and agencies in implementing such programs; and the appropriate role of contractors in 

carrying out such programs. The report would also include any recommendations the President may have for legislative modification 

to existing authorities relating to police training and equipping programs. 

Report on certain Iraqis affiliated with the United States (sec. 1236) 

The House bill contained a provision (sec. 1239) that would direct 

the Secretary of Defense, in consultation with various heads of appropriate Federal departments and agencies to submit to Congress 

a report on (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; (2) The number of Iraqis who have applied for resettlement in the United States as a refugee under section 1243 of 

the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181), to 

enter the United States as a special immigrant under section 1244 

of such Act, the status of each application, and the estimated number of individuals 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 who have been injured or killed in Iraq. 

The Senate committee-reported bill contained no similar provision. 


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The agreement includes the House provision with a technical and 

clarifying amendment. The Secretary may submit this report in a 

classified format. 

Report on Department of Defense’s plans to reform the export control 

system (sec. 1237) 

The House bill contained a provision (sec. 1233) that would require the Secretary of Defense to submit a report within 60 days 

after the date of enactment of this Act to a number of congressional 

committees on the Department of Defense’s plans to reform the 

United States export control system. The report would include a 

description of plans to reform the export control system and an assessment of the plans’ impact on the Department. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would adjust the content to reflect a variety of developments 

on this matter, as well as provide the Secretary with 120 days to 

submit the report. 

Report on United States efforts to defend against threats posed by 

the anti-access and area-denial capabilities of certain nationstates (sec. 1238) 

The Senate committee-reported bill contained a provision (sec. 

1064) that would require the Secretary of Defense to submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report on United States efforts to defend against 

potential threats posed by anti-access and area-denial capabilities 

of potentially hostile nation-states. 

The House bill contained a similar provision (sec. 1234). 

The agreement includes the Senate committee-reported provision 

with an amendment that would reflect a due date of April 1, 2011. 

Defense Science Board report on Department of Defense strategy to 

counter violent extremism outside the United States (sec. 1239) 

The Senate committee-reported bill contained a provision (sec. 

1235) that would direct the Defense Policy Board to provide a report to Congress on the Department’s countering violent extremism 

strategy outside of the United States. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would direct the Defense Science Board to conduct the 

study vice the Defense Policy Board. 

Report on merits of an Incidents at Sea agreement between the 

United States, Iran, and certain other countries (sec. 1240) 

The House bill contained a provision (sec. 1237) that would require the Secretary of Defense, in coordination with the Secretary 

of State, to submit to the appropriate congressional committees a 

report assessing the merits of the successful negotiation of a multilateral or bilateral Incidents at Sea agreement between the United 

States, the Government of Iran, and certain other countries operating in the Persian Gulf aimed at preventing accidental naval conflict in the Persian Gulf and the Strait of Hormuz. 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a series of 

technical and clarifying amendments. 

Requirement to monitor and evaluate Department of Defense activities to counter violent extremism in Africa (sec. 1241) 

The House bill contained a provision (sec. 1238) that would require the Secretary of Defense, in consultation with the Secretary 

of State, to evaluate the impact of Combined Joint Task ForceHorn of Africa’s activities to counter violent extremism. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

NATO Special Operations Headquarters (sec. 1242) 

The House bill contained a provision (sec. 1231) that would increase the amount of authorized funds available to the Secretary 

of Defense to support the North Atlantic Treaty Organization Special Operations Headquarters from $30.0 million to $50.0 million. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

National military strategy to counter Iran and required briefings 

(sec. 1243) 

The House bill contained a provision (sec. 1232) that would require that the Secretary of Defense develop a National Military 

Strategic Plan to Counter Iran. This section would further require 

that the Secretary of Defense develop a plan to address any gaps 

in capabilities identified as part of the planning and review process. Finally, this section would require a report to Congress identifying and justifying any resources, capabilities, legislative authorities, or changes to current law the Secretary believes are necessary 

to address the gaps in capabilities. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the Secretary of Defense to develop a national 

military strategy to counter Iran and to provide a classified briefing 

to the congressional defense committees regarding any resources, 

capabilities, or changes to current law the Secretary believes are 

necessary to address the gaps identified in the strategy. 

TITLE XIII—COOPERATIVE THREAT REDUCTION

Specification of Cooperative Threat Reduction program and funds 

(sec. 1301) 

The Senate committee-reported bill contained a provision (sec. 

1301) that would define the Cooperative Threat Reduction (CTR) 

programs, define the funds as authorized to be appropriated in section 301 of this bill, and authorize the CTR funds to be available 

for obligation for 3 years. 


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The House bill contained a similar provision (sec. 1301). 

The agreement includes the House provision. 

Funding allocations (sec. 1302) 

The House bill contained a provision (sec. 1302) that would authorize $522.5 million, the amount of the budget request, for the 

Cooperative Threat Reduction (CTR) program. This provision would 

also authorize specific amounts for each CTR program element, require notification to Congress 30 days before the Secretary of Defense obligates and expends fiscal year 2011 funds for a purpose 

other than a purpose listed in the provision, and require notification to Congress 15 days before the Secretary of Defense obligates 

and expends fiscal year 2011 funds in excess of the specific amount 

authorized for each CTR program element. 

The Senate committee-reported bill contained a similar provision 

(sec. 1302). 

The agreement includes the House provision. 

Limitation on use of funds for establishment of centers of excellence 

in countries outside of the former Soviet Union (sec. 1303) 

The Senate committee-reported bill contained a provision (sec. 

1303) that would prohibit Cooperative Threat Reduction (CTR) 

funds from being obligated to establish a center of excellence in any 

country outside of the former Soviet Union (FSU) until such time 

as the Secretary of Defense submits to the congressional defense 

committees a report on the particular center to be established. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would prohibit no more than $0.5 million from being obligated to establish any given center of excellence until 15 days 

after receipt of the required information. 

While there is support for the expansion of CTR into countries 

outside of the FSU, the members of the Committees on Armed 

Services of the Senate and the House of Representatives would like 

to understand in more detail plans for new centers as these plans 

evolve. 

Plan for nonproliferation, proliferation prevention, and threat reduction activities with The People’s Republic of China (sec. 

1304) 

The Senate committee-reported bill contained a provision (sec. 

1304) that would direct the Secretary of Defense and the Secretary 

of Energy to submit a joint report to the congressional defense committees on the 5-year plan to carry out nonproliferation and threat 

reduction activities with the People’s Republic of China (PRC). The 

plan would be due by March 1, 2011. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would change the due date of the report to April 1, 2011. 

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nership must include commitments by the PRC to actively support 

these important efforts technically, financially, and politically. 

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs 

Working capital funds (sec. 1401) 

The House bill contained a provision (sec. 1401) that would authorize appropriations for working capital funds. 

The Senate committee-reported bill contained a similar provision 

(sec. 1401). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Study on working capital fund cash balances (sec. 1402) 

The House bill contained a provision (sec. 1402) that would require 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. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Modification of certain working capital fund requirements (sec. 

1403) 

The House bill contained a provision (sec. 1403) that would 

amend section 2208 of title 10, United States Code, and update 

funding account levels in line with standard capital purchases. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund (sec. 1404) 

The House bill contained a provision (sec. 1404) that would require the return of $53.0 million of excess unobligated balances 

within the Pentagon Reservation Maintenance Revolving Fund to 

the Miscellaneous Receipts Fund of the United States Treasury. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

National Defense Sealift Fund (sec. 1405) 

The House bill contained a provision (sec. 1405) that would authorize appropriations for the National Defense Sealift Fund. 

The Senate committee-reported bill contained a similar provision 

(sec. 1402). 

The agreement includes the House provision. 


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Chemical Agents and Munitions Destruction, Defense (sec. 1406) 

The House bill contained a provision (sec. 1406) that would authorize appropriations for the Chemical Agents and Munitions Destruction, Defense. 

The Senate committee-reported bill contained a similar provision 

(sec. 1404). 

The agreement includes the House provision. 

Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 

1407) 

The House bill contained a provision (sec. 1407) that would authorize appropriations for fiscal year 2011 for Drug Interdiction 

and Counter-Drug Activities, Defense-wide. 

The Senate committee-reported bill contained a similar provision 

(sec. 1405). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Defense Inspector General (sec. 1408) 

The House bill contained a provision (sec. 1408) that would authorize appropriations for fiscal year 2011 for the Office of the Inspector General of the Department of Defense. 

The Senate committee-reported bill contained a similar provision 

(sec. 1406). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Defense Health Program (sec. 1409) 

The House bill contained a provision (sec. 1409) that would authorize appropriations for fiscal year 2011 for the Defense Health 

Program. 

The Senate committee-reported bill contained a similar provision 

(sec. 1403). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Subtitle B—National Defense Stockpile 

Authorized uses of National Defense Stockpile funds (sec. 1411) 

The House bill contained a provision (sec. 1411) that would au- thorize up to $41.2 million of funds in the National Defense Stockpile fund and additional amounts in the event of extraordinary or 

emergency conditions. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile (sec. 1412) 

The House bill contained a provision (sec. 1412) revising the receipt objectives for previously authorized disposals from the National Defense Stockpile. 

The Senate committee-reported bill contained no similar provision. 


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The agreement includes the House provision. 

Subtitle C—Chemical Demilitarization Matters 

Consolidation and reorganization of statutory authority for destruction of United States stockpile of lethal chemical agents and 

munitions (sec. 1421) 

The Senate committee-reported bill contained a provision (sec. 

1411) that would consolidate, reorganize, and restate the statutory 

authority for the destruction of the United States stockpile of lethal 

chemical agents and munitions. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle D—Other Matters 

Authorization of appropriations for Armed Forces Retirement Home 

(sec. 1431) 

The House bill contained a provision (sec. 1421) that would authorize $71.2 million to be appropriated for fiscal year 2011 from 

the Armed Forces Retirement Home Trust Fund for the operation 

of the Armed Forces Retirement Home. 

The Senate committee-reported bill contained a similar provision 

(sec. 431). 

The agreement includes the Senate provision. 

Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Heath Care Center, Illinois 

(sec. 1432) 

The House bill contained a provision (sec. 717) that would require the Secretary of Defense to submit to Congress a report providing notice of any proposed transfer of funds to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund created by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84). 

The Senate committee-reported bill contained a provision (sec. 

1421) that would authorize the Secretary of Defense to transfer 

funds from Defense Health Program operation and maintenance to 

the Joint Department of Defense-Department of Veterans Affairs 

Medical Facility Demonstration Fund to be used for operations of 

the Captain James A. Lovell Federal Health Care Center or other 

facilities designated as a combined federal medical facility. 

The agreement includes the Senate provision with an amendment that would authorize the transfer of $132.0 million in fiscal 

year 2011 to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. 


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TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR

OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of Additional Appropriations 

Purpose (sec. 1501) 

The House bill contained a provision (sec. 1501) stating the purpose of this title which is to authorize additional appropriations for 

overseas contingency operations. 

The Senate committee-reported bill contained a similar provision 

(sec. 1500). 

The agreement includes the House provision. 

Procurement (secs. 1502–1508) 

The House bill contained provisions (secs. 1502, 1503(a), 1504– 

1506, 1508, and 1509) that would authorize appropriations for 

Army procurement, the Joint Improvised Explosive Device Defeat 

Fund, Navy and Marine Corps procurement, Air Force procurement, defense-wide activities, National Guard and Reserve equipment, and the Mine Resistant Ambush Protected Vehicle Fund. 

The Senate committee-reported bill authorized appropriations for 

these activities in one provision (sec. 1501). 

The agreement includes the House provisions with amendments 

to reflect the agreed authorization levels. 

Research, development, test and evaluation (sec. 1509) 

The House bill contained a provision (sec. 1510) that would authorize appropriations for research, development, test, and evaluation. 

The Senate committee-reported bill contained a similar provision 

(sec. 1502). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Operation and maintenance (sec. 1510) 

The House bill contained a provision (sec. 1511) that would authorize appropriations for operation and maintenance. 

The Senate committee-reported bill contained a similar provision 

(sec. 1503). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Military personnel (sec. 1511) 

The House bill contained a provision (sec. 1514) that would authorize appropriations for military personnel. 

The Senate committee-reported bill contained a similar provision 

(sec. 1504). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Working capital funds (sec. 1512) 

The House bill contained a provision (sec. 1515) that would authorize appropriations for working capital funds. 


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The Senate committee-reported bill contained a similar provision 

(sec. 1505). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Defense Health Program (sec. 1513) 

The House bill contained a provision (sec. 1516) that would authorize appropriations for the Defense Health Program. 

The Senate committee-reported bill contained a similar provision 

(sec. 1506). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 

1514) 

The House bill contained a provision (sec. 1517) that would authorize appropriations for drug interdiction and counter-drug activities, defense-wide. 

The Senate committee-reported bill contained a similar provision 

(sec. 1507). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Defense Inspector General (sec. 1515) 

The House bill contained a provision (sec. 1518) that would authorize appropriations for the Defense Inspector General. 

The Senate committee-reported bill contained a similar provision 

(sec. 1508). 

The agreement includes the House provision with an amendment 

to reflect the agreed authorization level. 

Subtitle B—Financial Matters 

Treatment as additional authorizations (sec. 1521) 

The House bill contained a provision (sec. 1521) that would treat 

the amounts authorized in this title as additional to amounts otherwise authorized by this Act. 

The Senate committee-reported bill contained an identical provision. 

The agreement includes this provision. 

Special transfer authority (sec. 1522) 

The House bill contained a provision (sec. 1522) that would authorize the transfer of up to $3.5 billion of authorizations for overseas contingency operations funding authorizations in this title. 

The Senate committee-reported bill contained a similar provision 

(sec. 1522) that would provide $4.0 billion in transfer authority. 

The agreement includes the Senate provision. 


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Subtitle C—Limitations and Other Matters 

Limitations on availability of funds in Afghanistan Security Forces 

Fund (sec. 1531) 

The House bill contained a provision (sec. 1512) that would apply 

certain terms and conditions of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) 

to funds authorized in this title for the Afghanistan Security Forces 

Fund (ASFF) or any other funds made available to the Department 

of Defense for the ASFF. 

The Senate committee-reported bill contained a similar provision 

(sec. 1532). The provision would also make technical amendments 

to section 1513 of Public Law 110–181. 

The agreement includes the House provision with a technical 

amendment. 

Limitations on availability of funds in Iraq Security Forces Fund 

(sec. 1532) 

The House bill contained a provision (sec. 1513) that would apply 

certain terms and conditions of section 1512 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) 

to funds authorized in this title for the Iraq Security Forces Fund 

(ISFF) or otherwise made available to the Department of Defense 

for the ISFF during fiscal year 2011. The provision would also require that the Government of Iraq share the costs of any item or 

service procured for the Iraqi security forces with funds from the 

ISFF, with the exception of items or services that are either significant military equipment as defined by the Arms Export Control Act 

(22 U.S.C. 2794(9)) or are included on the United States Munitions 

List, as defined in section 38(a)(1) of the Arms Export Control Act 

(22 U.S.C. 2778 (a)(1)). 

The Senate committee-reported bill contained a provision (sec. 

1533) that would authorize funds for the ISFF and subject those 

funds to certain terms and conditions. The provision would also 

limit the availability of funds authorized for the ISFF to $500.0 

million until the Secretary of Defense certifies to Congress that the 

Government of Iraq has demonstrated a commitment to build its 

capacity to maintain and manage the Iraqi security forces and to 

sustain equipment provided or acquired with U.S. assistance. 

The agreement includes the House provision with an amendment 

that would limit the availability of funds authorized for the ISFF 

to $1.0 billion until the Secretary of Defense provides a certification 

relating to the commitment of the Government of Iraq to maintain, 

manage, and sustain the Iraqi security forces. The House provision 

is also amended to include a technical amendment. 

Continuation of prohibition on use of United States funds for certain facilities projects in Iraq (sec. 1533) 

The House bill contained a provision (sec. 1519) that would make 

funds authorized to be appropriated under this title subject to the 

prohibition in section 1508(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) 

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ernment of the Republic of Iraq, political subdivisions of Iraq, or 

agencies, departments, or forces of the Government of Iraq or its 

subdivisions. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Joint Improvised Explosive Device Defeat Fund (sec. 1534) 

The House bill contained a provision (sec. 1503) that would au- thorize $3.5 billion for the Joint Improvised Explosive Device Defeat Fund. 

The Senate committee-reported bill contained a similar provision 

(sec. 1501). 

The agreement includes the House provision with an amendment 

that repeals section 1503 of the Duncan Hunter National Defense 

Authorization Act (NDAA) for Fiscal Year 2009 (Public Law 110– 

417) as well as section 1514(e) of the John Warner NDAA for Fiscal 

Year 2007 (Public Law 109–364). 

Task Force for Business and Stability Operations in Afghanistan 

and economic transition plan and economic strategy for Afghanistan (sec. 1535) 

The Senate committee-reported bill contained a provision (sec. 1534) that would authorize the use of up to $150.0 million to support the activities of the Department of Defense’s Task Force on 

Business and Stability Operations in Afghanistan (TFBSO). The 

provision would also require the Secretary of Defense, in consultation with the Secretary of State, to submit to Congress a report on 

an economic strategy for Afghanistan that supports the counterinsurgency campaign and promotes economic stabilization. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would authorize the activities of the TFBSO until September 30, 2011, subject to the direction and control of the Secretary of Defense and with the concurrence of the Secretary of 

State. The Secretary of Defense and the Secretary of State would 

be required to submit a plan to transition the activities of the 

TFBSO to the United States Agency for International Development 

(USAID) for those activities that will continue in fiscal year 2012. 

The Senate provision is also amended to require the President to 

submit a report on an economic strategy for Afghanistan in support 

of the counterinsurgency campaign and Afghanistan’s economic stabilization. 

We request that within 60 days of enactment of this Act the 

TFBSO brief the appropriate congressional committees on the Task 

Force’s activities and its process for selecting projects. 

We understand that the Government Accountability Office is in 

the process of conducting a review of the TFBSO. We also understand that the U.S. Embassy in Afghanistan and the Commander, 

United States Forces Afghanistan, are nearing completion of a revised civil-military campaign plan. We direct the Comptroller General to ensure that its review of the TFBSO include a discussion 

of (1) how the Task Force’s activities support the pending civil-military campaign plan in Afghanistan; and (2) the advantages and 


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disadvantages of transferring the activities of the TFBSO to 

USAID, including the potential impact on the staffing, operations, 

and oversight of the Task Force’s activities. 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND

RESPONSE IN THE ARMED FORCES

Definition of Department of Defense sexual assault prevention and 

response program and other definitions (sec. 1601) 

The House bill contained a provision (sec. 1601) that would define the term ‘‘sexual assault prevention and response program’’ as 

referring to Department of Defense policies and programs, that are 

intended to reduce the number of sexual assaults involving members of the Armed Forces and improve the response to reports of 

sexual assaults involving members of the armed forces. 

The Senate committee-reported bill contained no similar provisions. 

The agreement includes the House provision with a clarifying 

amendment. 

Comprehensive Department of Defense policy on sexual assault prevention and response program (sec. 1602) 

The House bill contained a provision (sec. 1612) that would require the Secretary of Defense, within 1 year of the date of enactment of this Act, to use consistent terminology, position descriptions, minimum program standards, and organizational structures 

throughout the armed forces in implementing the Department of 

Defense sexual assault prevention and response program. 

The House bill also contained a provision (sec. 1631) that would 

require the Secretary of Defense, within 1 year of the date of enactment of this Act, to submit to the congressional defense committees 

a comprehensive strategy to reduce the number of sexual assaults 

involving members of the Armed Forces. 

The Senate committee-reported bill contained no similar provisions. 

The agreement includes a provision that would combine the 

House provisions and would require the Secretary of Defense, not 

later than March 30, 2012, to submit to the congressional defense 

committees a revised comprehensive policy for the Department of 

Defense sexual assault prevention and response program. 

Subtitle A—Organizational Structure and Application of Sexual 

Assault Prevention and Response Program Elements 

Sexual Assault Prevention and Response Office (sec. 1611) 

The House bill contained a provision (sec. 1641) that would require that the Director of the Sexual Assault Prevention and Response Office be a general or flag officer or a Senior Executive 

Service employee of the Department of Defense who would serve as 

the single point of authority, accountability, and oversight for the 

Department of Defense sexual assault prevention and response program. 

The Senate committee-reported bill contained no similar provision. 


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The agreement includes the House provision with a clarifying 

amendment that would require that there would be a Director of 

the Sexual Assault Prevention and Response Office and that Department of Defense and service Inspectors General treat the sexual assault prevention and response program as an item of special 

interest when conducting certain inspections. The agreement would 

also require that the staff of the Sexual Assault Prevention and Response Office include an officer in the grade of 0–4 or above from 

each of the Armed Forces, and that one of these officers must be 

in the grade of 0–6 or above. 

Oversight and evaluation standards (sec. 1612) 

The House bill contained a provision (sec. 1615) that would require the Secretary of Defense, within 1 year of the date of enactment of this Act, to issue standards to be used to assess and evaluate the effectiveness of the sexual assault prevention and response 

program of each military. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report and plan for completion of acquisition of centralized Department of Defense sexual assault database (sec. 1613) 

The House bill contained a provision (sec. 1624) that would set 

a new deadline of September 30, 2011, for the Secretary of Defense 

to complete the implementation of the centralized sexual assault 

database required by section 563 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417). 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to submit a report and 

plan for completion of the centralized Department of Defense sexual assault database to the Committees on Armed Services of the 

Senate and the House of Representatives no later than April 1, 

2011. 

Restricted reporting of sexual assaults (sec. 1614) 

The House bill contained a provision (sec. 1643) that would entitle a member of the Armed Forces or a dependent of a member of 

the Armed Forces who is the victim of a sexual assault to legal assistance and assistance provided by a qualified Sexual Assault Victim Advocate. This provision would also require the Secretary of 

Defense to implement a Sexual Assault Response Coordinator-led 

process by which a member or dependent who is the victim of a 

sexual assault may decline to participate in the investigation of the 

sexual assault, and authorize a member of the Armed Forces who 

is a victim of a sexual assault to confidentially disclose the details 

of the assault to specified individuals and receive medical treatment, legal assistance, or counseling without triggering an official 

investigation. 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to 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 

Improved protocols for providing medical care for victims of sexual 

assault (sec. 1621) 

The House bill contained a provision (sec. 1646) that would require the Secretary of Defense to establish protocols for providing 

medical care to a member of the armed forces who is a victim of 

a sexual assault. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Sexual assault victims access to victim advocate services (sec. 1622) 

The House bill contained a provision (sec. 1643) that would entitle a member of the Armed Forces or a dependent of a member of 

the Armed Forces who is the victim of a sexual assault to legal assistance and assistance provided by a qualified Sexual Assault Victim Advocate. This provision would also require the Secretary of 

Defense to implement a Sexual Assault Response Coordinator-led 

process by which a member or dependent who is the victim of a 

sexual assault may decline to participate in the investigation of the 

sexual assault, and authorize a member of the Armed Forces who 

is a victim of a sexual assault to confidentially disclose the details 

of the assault to specified individuals and receive medical treatment, legal assistance, or counseling without triggering an official 

investigation. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision that would entitle 

the member or dependent to assistance of a qualified Sexual Assault Victim Advocate with a clarifying amendment. 

Subtitle C—Reporting Requirements 

Annual report regarding sexual assaults involving members of the 

Armed Forces and improvement to sexual assault prevention response program (sec. 1631) 

The House bill contained a provision (sec. 1632) that would require the secretaries of the military departments, by January 15 of 

each year, to submit to the Secretary of Defense a report on the 

sexual assaults involving members of the Armed Forces under the 

jurisdiction of that secretary during the preceding year, and the 

Secretary of Defense to submit these reports, with comments, to 

the Committees on Armed Services of the Senate and the House of 


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Representatives no later than March 15 of the year following the 

year covered by the report. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the service secretaries to submit reports on sexual assault to the Secretary of Defense not later than March 1 of 

each year, and the Secretary of Defense to forward the reports, including an assessment of the reports, to the Committees on Armed 

Services of the Senate and the House of Representatives not later 

than April 30 of each year. The provision would also require the 

Secretary of Defense to establish a consistent definition of ‘‘substantiated’’ not later than December 31, 2011. 

Additional reports (sec. 1632) 

The House bill contained a provision (sec. 1662) that would require the Secretary of Defense, within 90 days of the date of enactment of this Act, to revise materials made available under the sexual assault prevention and response program to include information on the extent to which dependents of members of the armed 

forces, retired members, Department of Defense civilian employees, 

and employees of defense contractors are eligible for sexual assault 

prevention and response services under the sexual assault prevention and response program; and, within 1 year of the date of enactment of this Act, to submit to the congressional defense committees 

a report on the feasibility of extending all sexual assault prevention and response services to dependents of members of the Armed 

Forces, retired members, Department of Defense civilian employees, and employees of defense contractors who are victims of a sexual assault. 

The House bill also contained a provision (sec. 1617) that would 

require the Secretary of Defense, within 1 year of the date of enactment of this Act, to submit to the congressional defense committees 

a report on the application of the sexual assault prevention and response program for the reserve components. 

The House bill also contained a provision (sec. 1645) that would 

amend section 854 of title 10, United States Code (article 54 of the 

Uniform Code of Military Justice), to require that, in the case of 

a general or special court-martial involving a sexual assault, a copy 

of the prepared record of the proceedings of the court-martial would 

be given to the victim of the offense if the victim testified during 

the proceedings. 

The House bill also contained a provision (sec. 1643) that would 

entitle a member of the Armed Forces, or a dependent of a member 

of the Armed Forces, who is the victim of a sexual assault to legal 

assistance provided by a certified military legal assistance counsel. 

The House bill also contained a provision (sec. 1618) that would 

require the Secretary of Defense to conduct a review of the effectiveness of section 920 of title 10 United States Code (article 120 

of the Uniform Code of Military Justice). 

The Senate committee-reported bill contained no similar provisions. 

The agreement combines the House provisions with an amendment that would require the Secretary of Defense to evaluate: (1) 


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the feasibility of extending sexual assault prevention and response 

services to Department of Defense civilian employees and employees of defense contractors who are victims of sexual assault; (2) the 

application of the sexual assault prevention and response program 

to members of the reserve components; (3) the feasibility of requiring that a copy of the prepared record of proceedings of a general 

or special court-martial involving a sexual assault be given to the 

victim in cases in which the victim testified; (4) the feasibility of 

authorizing legal assistance for service members and dependents of 

service members who are victims of a sexual assault; and (5) the 

feasibility of utilizing trained forensic medical examiners when sexual assaults involving members of the Armed Forces occur in a 

military environment where civilian resources are limited or unavailable. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Short title (sec. 2001) 

The House bill contained a provision (sec. 2001) that would designate division B of this Act as the Military Construction Authorization Act for Fiscal Year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2001). 

The agreement includes the Senate provision. 

Expiration of authorizations and amounts required to be specified 

by law (sec. 2002) 

The House bill contained a provision (sec. 2002) that would ensure that the authorizations provided in titles XXI through XXVI 

and title XXIX shall expire on October 1, 2013, or the date of enactment of an act authorizing funds for military construction for fiscal 

year 2014, whichever is later. 

The Senate committee-reported bill had an identical provision 

(sec. 2002). 

The agreement contains this provision. 

TITLE XXI—ARMY MILITARY CONSTRUCTION

Authorized Army construction and land acquisition projects (sec. 

2101) 

The House bill contained a provision (sec. 2101) that would authorize military construction projects for the active component of 

the Army for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2101). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

The agreement does not include authorizations for construction 

of three museum support facilities requested by the Department of 

the Army at Fort Benning, Georgia, Fort Sill, Oklahoma, and Fort 

Lee, Virginia. The proposed facilities were intended to support the 


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relocation of military artifacts and collections currently on display 

and open to the general public at museums at Fort Knox, Kentucky, Fort Bliss, Texas, and Aberdeen Proving Ground, Maryland. 

The Army requested the authorizations for the new construction to 

support the realignment of three schools, Armor, Ordnance, and 

Air Defense Artillery, to new locations as a part of the 2005 round 

of Base Realignments and Closures (BRAC). The Department of the 

Army has conveyed its intent to construct facilities that will not be 

open to the general public, but will serve primarily as a training 

room for the schools. 

We strongly support the Army’s objective to properly preserve for 

public use historic sites, buildings, and objects of national significance as these collections not only inform the general public of the 

proud legacy and history of the Army, but also inspire younger generations to military service. 

As such, we are concerned that the Army’s current plan will prohibit the general public from viewing these outstanding collections 

at their new locations until museums are constructed with privately-raised resources. In addition, if these collections are deemed 

by the Department of the Army as critical to the relocation and operation of the three schools, the facilities should be funded from accounts established to carry out BRAC construction. 

As such, we strongly encourage the Department of the Army to 

develop a plan that will allow the relocation of these museum artifacts and collections in a way that satisfies the law, meets the 

training and education needs of the Department of the Army, and 

continues to afford the general public the opportunity to view these 

critical representations of American history. 

Family housing (sec. 2102) 

The House bill contained a provision (sec. 2102) that would authorize new construction and planning and design of family housing units for the Army for fiscal year 2011. It would also authorize 

funds for facilities that support family housing, including housing 

management offices and housing maintenance and storage facilities. 

The Senate committee-reported bill contained an identical provision (sec. 2102). 

The agreement includes this provision. 

Improvements to military family housing (sec. 2103) 

The House bill contained a provision (sec. 2102(c)) that would authorize funding for fiscal year 2011 to improve existing family 

housing. 

The Senate committee-reported bill contained an identical provision (sec. 2103). 

The agreement includes this provision. 

Authorization of appropriations, Army (sec. 2104) 

The House bill contained a provision (sec. 2101(c)) that would authorize appropriations for the active component military construction and family housing projects of the Army for fiscal year 2011. 

This provision would also provide an overall limitation on the cost 


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of the fiscal year 2011 military construction and family housing 

projects authorized for the active-duty component of the Army. 

The Senate bill contained a similar provision (sec. 2104). 

The agreement includes these provisions. 

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. 2105) 

The House bill contained a provision (sec. 2103) that would authorize the Secretary of the Army to construct a fire station at Fort 

Belvoir, Virginia, using available, unobligated Army military construction funds appropriated for a fiscal year before fiscal year 

2011, in conjunction with funds contributed by the Commonwealth 

of Virginia. 

The Senate committee-reported bill contained a similar provision 

(sec. 2833). 

The agreement includes the House provision with an amendment 

adding a requirement for congressional notification. 

Modification of authority to carry out certain fiscal year 2009 

project (sec. 2106) 

The House bill contained a provision (sec. 2104) that amends the 

table in section 2101(b) of the Military Construction Authorization 

Act for Fiscal Year 2009 (division B of Public Law 110–417) by 

striking ‘‘Katterback’’ and inserting ‘‘Grafenwoehr’’. 

The Senate committee-reported bill contained an identical provision (sec. 2106). 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2010 

project (sec. 2107) 

The House bill contained a provision (sec. 2105) that allows the 

Secretary of the Army to construct up to a 40,100 square-feet brigade headquarters for Fort Riley, Kansas, consistent with the 

Army’s construction guidelines for brigade headquarters. This 

project was previously authorized in section 2101(a) of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B of 

Public Law 111–84). 

The Senate committee-reported bill contained an identical provision (sec. 2107). 

The agreement includes this provision. 

Extension of authorizations of certain fiscal year 2008 projects (sec. 

2108) 

The House bill contained a provision (sec. 2106) that would extend the authorization for Army fiscal year 2008 military construction projects at various locations. 

The Senate committee-reported bill contained a similar provision 

(sec. 2105). 

The agreement includes the Senate provision. 


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TITLE XXII—NAVY MILITARY CONSTRUCTION

Authorized Navy construction and land acquisition projects (sec. 

2201) 

The House bill contained a provision (sec. 2201) that would authorize military construction projects for the active component of 

the Navy and Marine Corps for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2201). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

The agreement includes a reduction in the authorization of appropriations of $32.5 million that was requested for the construction of two headquarters facilities at Camp Lemonier, Djibouti. 

We strongly support the Department of the Navy’s intent to construct modern and secure facilities at Camp Lemonier that will 

protect U.S. military personnel while enabling Combined Joint 

Task Force-Horn of Africa (CJTF-HOA) and other military forces 

operating at the Camp to carry out their assigned missions. 

We note that this installation has been identified by the Department of Defense as the only location in Africa proposed as an enduring presence and that it will continue to serve United States Africa Command (AFRICOM) as a hub for its full range of humanitarian and military missions on the continent and region. 

We also strongly support projects intended to improve the living 

conditions and quality of life for military forces stationed at this location. 

We note that over $180.0 million has been invested in military 

construction projects in the last 3 years and another $200.0 million 

is planned to be invested over the next 5 years to support the longterm presence of U.S. military forces at Camp Lemonier. We understand that the Department plans the eventual stationing of 3,500 

U.S. military personnel at Camp Lemonier with the potential to 

surge to 5,000 personnel. 

Given this sizable force of U.S. personnel, we are concerned that 

major construction projects are being sited and constructed within 

an existing, constrained 500 acre compound adjacent to the jointuse host nation civilian runway without a master plan to ensure 

all facilities meet force protection and anti-terrorism standards 

adopted by the Department of Defense. 

We note that the current future-years defense plan of the Department of the Navy for Camp Lemonier does not include all 

projects or the costs required to correct critical deficiencies in living 

and work facilities. We are also concerned that formal agreements 

are not in place with the host nation to transition from a 5-year 

lease with one more 5-year option to a more long-term agreement 

that would ensure long-term access to the facilities. 

The committees also note that the Department of the Navy has 

identified available land for expansion and ‘‘the opportunity to plan 

and build the bases correctly from the beginning.’’ 


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We therefore direct the Department of the Navy, in collaboration 

with AFRICOM, to review the planned roles and missions proposed 

for Camp Lemonier, including the future of CJTF-HOA, and develop a master plan for the installation that will establish a set of 

facility priorities to focus resources towards compliance with Unified Facility Criteria (UFC) and other force protection measures, 

particularly in the elimination of temporary facilities and tents. 

This master plan should be formally agreed upon by all pertinent 

functions within the Department of Defense before proceeding with 

further military construction projects. 

The master plan should contain, at a minimum, the following elements: 

(1) the results of a Joint Staff Integrated Vulnerability Assessment (JSIVA); 

(2) a review of all current and planned missions proposed to 

be conducted at Camp Lemonier in order to ascertain the full 

range of facility requirements; 

(3) a comprehensive facility list and site plan required to 

support the planned military force that is informed by the 

JSIVA, UFC, and other force protection guidance; 

(4) a site plan for Camp utility plants, fuel storage, and infrastructure that will ensure maximum practicable force protection, while minimizing negative impacts to the quality of life 

of base personnel; 

(5) a determination whether more acreage will be required to 

safely support the planned military population; 

(6) a list of priorities for construction intended to focus resources on the greatest risks to the protection of forces, as well 

as the elimination of expensive temporary facilities and tents; 

(7) an agreement with the Host Nation for long-term use of 

the base; 

(8) an investment strategy that will establish annual funding 

levels for new construction projects to meet the operational 

needs of incoming forces with minimum reliance on temporary 

structures and tents; 

(9) a review of the proposed site and design of the two headquarters facilities proposed in the Fiscal Year 2011 budget request to determine whether combining the two requirements in 

one facility will reduce the overall square footage and save taxpayer funds. 

We direct the Secretary of the Navy and the Commander, 

AFRICOM to report back to the congressional defense committees, 

no later than 1 month after completion of the master plan or within 1 year of enactment of this Act, so that there is no further delay 

to the execution of critical construction projects at Camp Lemonier. 

The agreement includes a reduction in the authorization of appropriations of $320.0 million that was requested for the construction of aircraft parking, site preparation, and utilities on Guam to 

support relocation of 8,000 Marines and their families from Okinawa to Guam. This realignment is a key element of the transformation of the alliance with Japan and secures the enduring 

presence of remaining U.S. forces in Japan. 

We are aware that the success of this agreement continues to depend on many factors including tangible progress towards compleVerDate Mar 15 2010 04:47 Feb 01, 2011 Jkt 063160 PO 00000 Frm 00536 Fmt 6602 Sfmt 6602 E:\HR\OC\A160.XXX A160

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tion of the Futenma Replacement Facility (FRF), the completion of 

the environmental impact statement for Guam for coral reefs and 

training operations, as well as final coordination with the Guam 

State Historical Preservation Office concerning the impact to cultural and historic resources on the Island. 

We also note that negotiations still continue in the U.S. government and with the Government of Japan to determine the funding 

responsibility for over $1.3 billion estimated by the Environmental 

Protection Agency to upgrade utilities and civilian infrastructure 

on the Island. 

Regarding the FRF, the ‘‘Agreement Between the Government of 

the United States of America and The Government of Japan Concerning the Implementation of the Relocation of III Marine Expeditionary Force Personnel and their Dependents from Okinawa to 

Guam’’ signed on February 17, 2009, specifically cites in Article 3 

that ‘‘The Relocation shall be dependent on tangible progress made 

by the Government of Japan toward completion of the Futenma Replacement Facility as stipulated in the roadmap.’’ We note that 

‘‘tangible progress’’ was previously considered by the Department of 

Defense (DOD) to be a signature by the Governor of Okinawa on 

a landfill permit required to commence construction of the off-shore 

runway. This action has yet to be completed. 

As for the planned construction on Guam, the Department of the 

Navy published a Record of Decision (ROD) for an Environmental 

Impact Statement (EIS) on September 20, 2010. We note that the 

ROD deferred any recommendation or mitigation proposals for the 

impact to coral reefs in Apra Harbor and for Marine Corps training 

ranges on the island pending further studies. 

We also note that litigation against the Department of the Navy’s 

ROD has been filed by the National Trust for Historic Preservation, the Guam Preservation Trust, and a local organization, ‘‘We 

are Guahan.’’ 

We also note that construction for the majority of the military 

construction projects authorized to date has been delayed pending 

resolution of these issues and the goal for completion of the move 

by 2014 has been deferred by a recommendation in the ROD to 

adopt a pace of construction consistent with the ability of Guam’s 

resources and infrastructure to support a certain level of effort. 

In addition, the congressional committees have requested in numerous Acts the need for the Department of Defense to provide 

Congress a plan detailing the level of effort and the total cost estimate for each facility and infrastructure item required to complete 

the relocation of Marines to Guam. As of the date of this Act, the 

Department of Defense has not submitted this plan. 

We are also concerned that required investments in civilian infrastructure, highlighted by the Government Accountability Office 

(GAO) in numerous reports in 2008 and 2009 are not addressed in 

the current budget for other federal agencies. In the latest report, 

‘‘Defense Infrastructure: Guam Needs Timely Information from 

DOD to Meet Challenges in Planning and Financing Off-Base 

Projects and Programs to Support a Larger Military Presence’’ 

(GAO–10–90R, November 13, 2009), GAO cited the testimony before the Committee on Energy and Natural Resources of the Senate 

in May 2008, where the Governor of Guam outlined requirements 


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totaling $6.1 billion to expand the commercial port, roadways, 

power, water, and other infrastructure as well as certain public 

services in support of the buildup. These infrastructure needs and 

services were proposed to be part of a multiyear funding program 

to ensure that Guam would be able to support the buildup and secure post-buildup sustainability. Investments by the United States 

Government in Guam’s infrastructure for port upgrades, roads, and 

utilities are the essential first steps to ensure that significant construction efforts can be supported without detrimental impact to 

the local community. 

We also note that the leaders in the United States Marine Corps 

have publicly stated that the establishment of live fire training 

areas on Guam is absolutely essential to the successful relocation 

of Marines from Okinawa. While the EIS identified two parcels of 

land on Guam currently under the control of the Government of 

Guam or private owners, the DOD defers a decision on land required to satisfy training and range requirements identified by the 

Marine Corps. Even with the successful purchases of the non-DOD 

lands identified in the EIS, the Marine Corps will not have a dedicated dud producing ordnance impact area, which limits heavy machine gun training. The current plan does not provide for an integrated combined-arms maneuver range, nor does it provide an area 

for amphibious landing beaches. 

In addition, the current plan will provide limited Special Use 

Airspace, preventing close air support training. One proposed solution would be the use of Tinian Island and the Commonwealth of 

the Northern Mariana Islands, but to date, DOD has not identified 

or planned for projects in these areas to support training for a full 

spectrum of Marine Corps operations. 

In consideration of these facts, we recommend that authorizations for the construction of future projects requested to support 

the movement of Marines to Guam be deferred until the DOD provides Congress with: 

(1) certification that tangible progress has been made to implement a final decision concerning the FRF considered acceptable to DOD and meeting the operational requirements for the 

United States Marines on Okinawa; 

(2) a certification that section 106 of the National Historic 

Preservation Act of 1966 (Public Law 89–665)consultation has 

concluded and a description of the proposed mitigation to support the culmination of negotiations; 

(3) a determination of requirements and estimate of the 

amounts for the upgrade of civilian infrastructure, facilities, 

and utilities that will be the funding responsibility of the Department of Defense; 

(4) a plan to address all civilian requirements for the support 

of the 8,000 Marines, their families, and the temporary construction workers on Guam; 

(5) tangible progress towards the acquisition of lands on 

Guam required to support Marines Corps training ranges; and 

(6) an updated master plan for the construction of facilities, 

infrastructure, and costs required to complete the relocation of 

Marines to Guam. 


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Family housing (sec. 2202) 

The House bill contained a provision (sec. 2202) that would authorize new construction and planning and design of family housing units for the Navy and Marine Corps for fiscal year 2011. It 

would also authorize funds for facilities that support family housing, including housing management offices and housing maintenance and storage facilities. 

The Senate committee-reported bill contained an identical provision (sec. 2202). 

The agreement includes this provision. 

Improvements to military family housing (sec. 2203) 

The House bill contained a provision (sec. 2202(c)) that would authorize funding for fiscal year 2011 to improve existing family 

housing. 

The Senate committee-reported bill contained an identical provision (sec. 2203). 

The agreement includes this provision. 

Authorization of appropriations, Navy (sec. 2204) 

The House bill contained a provision (sec. 2201) that would authorize appropriations for the active component military construction and family housing projects of the Navy and Marine Corps for 

fiscal year 2011. This provision would also provide an overall limitation on the cost of the fiscal year 2011 military construction and 

family housing projects authorized for the active-duty component of 

the Navy and Marine Corps. 

The Senate committee-reported bill contained a similar provision 

(sec. 2204). 

The agreement includes the House provision with an amendment 

deleting a restriction on architectural and engineering services and 

design funds. While the agreement imposes no restrictions on architectural and engineering services and construction design funds, 

such restrictions may be warranted in the future. The lack of restriction in this agreement for such funds to establish a homeport 

for a nuclear-powered aircraft carrier at Naval Station Mayport, 

Florida, should not imply a position either for or against homeporting. Such a position will be determined should military construction projects be included in future budget submissions. We 

will review carefully any such projects that may be included in future budget requests, while closely examining evolving military 

construction cost estimates needed to achieve this capability. 

Technical amendment to reflect multi-increment fiscal year 2010 

project (sec. 2205) 

The House bill contained a provision (sec. 2203) to make a technical correction to the authorization contained in section 2204 of 

the Military Construction Act for Fiscal Year 2010 (division B of 

Public Law 111–84) for the first increment of a tertiary water 

treatment plant at Marine Corps Base, Camp Pendleton, California. 

The Senate committee-reported bill contained a similar provision 

(sec. 2206). 

The agreement includes the House provision. 


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Extension of authorization of certain fiscal year 2008 project (sec. 

2206) 

The House bill contained a provision (sec. 2204) that would extend the authorization until October 1, 2011, or the date of enactment of an Act authorizing funds for military construction for fiscal 

year 2012, whichever is later, for a Host Nation Infrastructure 

project at an unspecified worldwide location. 

The Senate committee-reported bill contained a similar provision 

(sec. 2205). 

The agreement includes the House provision. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Authorized Air Force construction and land acquisition projects 

(sec. 2301) 

The House bill contained a provision (sec. 2301) that would authorize military construction projects for the active component of 

the Air Force for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2301). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Family housing (sec. 2302) 

The House bill contained a provision (sec. 2302) that would authorize new construction and planning and design of family housing units for the Air Force for fiscal year 2011. It would also authorize funds for facilities that support family housing, including 

housing management offices and housing maintenance and storage 

facilities. 

The Senate committee-reported bill contained a similar provision 

(sec. 2302). 

The agreement includes these provisions. 

Improvements to military family housing (sec. 2303) 

The House bill contained a provision (sec. 2302(c)) that would authorize funding for fiscal year 2011 to improve existing family 

housing. 

The Senate committee-reported bill contained an identical provision (sec. 2303). 

The agreement includes this provision. 

Authorization of appropriations, Air Force (sec. 2304) 

The House bill contained a provision (sec. 2301(c)) that would authorize appropriations for the active component military construction and family housing projects of the Air Force for fiscal year 

2011. This provision would also provide an overall limitation on the 

cost of the fiscal year 2011 military construction and family housing projects authorized for the active-duty component of the Air 

Force. 


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The Senate committee-reported bill contained a similar provision 

(sec. 2304). 

The agreement includes these provisions. 

Extension of authorization of certain fiscal year 2007 project (sec. 

2305) 

The House bill contained a provision (sec. 2303) that would extend the authorization until October 1, 2011, or the date of enactment of an Act authorizing funds for military construction for fiscal 

year 2012, whichever is later, for replacement family housing units 

at Mountain Home Air Force Base, Idaho. 

The Senate committee-reported bill contained an identical provision (sec. 2305). 

The agreement includes this provision. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A—Defense Agency Authorizations 

Authorized defense agencies construction and land acquisition 

projects (sec. 2401) 

The House bill contained a provision (sec. 2401) that would authorize military construction projects for the defense agencies for 

fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2401). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Energy conservation projects (sec. 2402) 

The Senate committee-reported bill contained a provision (sec. 

2402) that authorized the Secretary of Defense to carry out energy 

conservation projects. 

The House bill contained a similar provision (sec. 2403) that authorized the Secretary of Defense to carry out energy conservation 

projects and require that the Secretary of Defense reserve a portion 

of the amount for energy conservation projects for reserve components. 

The agreement includes the Senate provision with an amendment requiring that the Secretary of Defense reserve a portion of 

the amount for energy conservation projects for reserve components. 

Authorization of appropriations, Defense Agencies (sec. 2403) 

The House bill contained a provision (sec. 2401(c)) that would authorize appropriations for the defense agencies. This provision 

would also provide an overall limitation on the cost of the fiscal 

year 2011 military construction projects authorized for the defense 

agencies. 

The Senate committee-reported bill contained a similar provision 

(sec. 2404). 


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The agreement includes these provisions. 

Modification of authority to carry out certain fiscal year 2010 

project (sec. 2404) 

The Senate committee-reported bill contained a provision (sec. 

2404) that would modify the table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B of 

Public Law 111–84) to authorize $68.5 million for the Aegis Ashore 

Test Facility at the Pacific Missile Range Facility, Hawaii. This facility is necessary to permit the testing and demonstration of the 

Aegis Ashore system in time for its planned deployment in Phase 

2 of the Phased Adaptive Approach to missile defense in Europe, 

in the 2015 timeframe. 

The House bill did not contain a similar provision. 

The agreement includes the Senate provision with an amendment that does not specify the location for this provision. 

Subtitle B—Chemical Demilitarization Authorizations 

Authorization of appropriations, chemical demilitarization construction, defense-wide (sec. 2411) 

The House bill contained a provision (sec. 2411) that would authorize appropriations for military construction projects for the 

chemical demilitarization program for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2411). 

The agreement includes these provisions. 

Modification of authority to carry out certain fiscal year 2000 

project (sec. 2412) 

The House bill contained a provision (sec. 2412) modifying the 

table in section 2401(a) of the Military Construction Authorization 

Act for Fiscal Year 2000 (division B of Public Law 106–65), as 

amended, by striking $492.0 million and inserting $746.0 million 

for an item relating to Blue Grass Army Depot, Kentucky. 

The Senate committee-reported bill contained an identical provision (sec. 2412). 

The agreement includes this provision. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY

INVESTMENT PROGRAM

Authorized NATO construction and land acquisition projects (sec. 

2501) 

The House bill contained a provision (sec. 2501) that would authorize the Secretary of Defense to make contributions to the North 

Atlantic Treaty Organization Security Investment Program in an 

amount equal to the sum of the amount specifically authorized in 

section 2502 of this title and the amount of recoupment due to the 

United States for construction previously financed by the United 

States. 

The Senate committee-reported bill contained an identical provision (sec. 2501). 

The agreement includes this provision. 


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Authorization of appropriations, NATO (sec. 2502) 

The House bill contained a provision (sec. 2502) that would au- thorize $258.884 million as the U.S. contribution to the North Atlantic Treaty Organization Security Investment Program. 

The Senate committee-reported bill contained a similar provision 

(sec. 2502). 

The agreement includes these provisions. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Authorized Army National Guard construction and land acquisition 

projects (sec. 2601) 

The House bill contained a provision (sec. 2601) that would authorize military construction projects for the Army National Guard 

for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2601). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Authorized Army Reserve construction and land acquisition projects 

(sec. 2602) 

The House bill contained a provision (sec. 2602) that would authorize military construction projects for the Army Reserve for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2602). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects (sec. 2603) 

The House bill contained a provision (sec. 2603) that would authorize military construction projects for the Navy Reserve and Marine Corps Reserve for fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2603). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) 

The House bill contained a provision (sec. 2604) that would authorize military construction projects for the Air National Guard 

for fiscal year 2011. 


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The Senate committee-reported bill contained a similar provision 

(sec. 2604). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) 

The House bill contained a provision (sec. 2605) that would authorize military construction projects for the Air Force Reserve for 

fiscal year 2011. 

The Senate committee-reported bill contained a similar provision 

(sec. 2605). 

The agreement includes these provisions. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table in section 3001 of this Act provides the binding list of specific 

construction projects authorized at each location. 

Authorization of appropriations, National Guard and Reserve (sec. 

2606) 

The House bill contained provisions (secs. 2601(b), 2602(b), 

2603(b), 2604(b), and 2605(b)) that would authorize appropriations 

for the reserve component military construction projects for fiscal 

year 2011. This provision would also provide an overall limitation 

on the cost of the fiscal year 2011 military construction projects authorized for the reserve components. 

The Senate committee-reported bill contained a similar provision 

(sec. 2606). 

The agreement includes these provisions. 

Extension of authorizations of certain fiscal year 2008 projects (sec. 

2607) 

The House bill contained a provision (sec. 2606) that would extend the authorization for a Readiness Center at East Fallowfield 

Township, Pennsylvania, and Base Security Improvements at Burlington, Vermont, until October 1, 2011, or the date of enactment 

of an Act authorizing funds for military construction for fiscal year 

2012, whichever is later. 

The Senate committee-reported bill contained a similar provision 

(sec. 2607). 

The agreement includes these provisions. 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES

Authorization of appropriations for Base Realignment and Closure 

activities funded through Department of Defense Base Closure 

account 1990 (sec. 2701) 

The House bill contained a provision (sec. 2701) that would authorize appropriations for fiscal year 2011 for ongoing activities 

that are required to implement the decision of the 1988, 1991, 

1993, and 1995 Base Closure and Realignment. 


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The Senate committee-reported bill contained a similar provision 

(sec. 2701). 

The agreement includes these provisions. 

Authorized Base Realignment and Closure activities funded through 

Department of Defense Base Closure account 2005 (sec. 2702) 

The House bill contained a provision (sec. 2702) that would authorize military construction projects for fiscal year 2011 for ongoing activities that are required to implement the decision of the 

2005 Base Closure and Realignment. 

The Senate committee-reported bill contained a similar provision 

(sec. 2702). 

The agreement includes these provisions. 

Authorization of appropriations for Base Realignment and Closure 

activities funded through Department of Defense Base Closure 

account 2005 (sec. 2703) 

The House bill contained a provision (sec. 2703) that would authorize appropriations for fiscal year 2011 for ongoing activities 

that are required to implement the decision of the 2005 Base Closure and Realignment. 

The Senate committee-reported bill contained a similar provision 

(sec. 2703). 

The agreement includes these provisions. 

Transportation plan for BRAC 133 project under Fort Belvoir, Virginia, BRAC initiative (sec. 2704) 

The House bill contained a provision (sec. 2711) that would limit 

the acceptance of not more than 1,000 parking spaces at a Base Realignment and Closure (BRAC) project at Fort Belvoir, Virginia 

known as the ‘‘Mark Center,’’ until the Secretary of the Army submits to the congressional defense committees a viable transportation management plan and certifies that construction has been 

completed to provide adequate ingress and egress from the business park at which the BRAC project is located. 

The Senate committee-reported bill did not contain a similar provision. 

The agreement includes the House provision with an amendment 

requiring the Secretary of the Army to submit a transportation 

plan to the congressional defense committees. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family 

Housing Changes 

Availability of military construction information on internet (sec. 

2801) 

The House bill contained a provision (sec. 2801) that seeks to expand the availability of military construction information on the 

internet. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Use of Pentagon reservation maintenance revolving fund for construction or alteration at Pentagon reservation (sec. 2802) 

The House bill contained a provision (sec. 2804) that rescinds the 

authority of the Secretary of Defense to use the Pentagon Reservation Maintenance Revolving Fund for construction and repairs on 

September 30, 2011. The Secretary has reported that the overall 

Pentagon renovation is scheduled to be complete in fiscal year 

2012. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that restricts the use of the Pentagon Maintenance Revolving Fund 

for construction and alterations on September 30, 2012. 

Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility (sec. 2804) 

The House bill contained a provision (sec. 2805) that amends section 2808 of the Military Construction Authorization Act for Fiscal 

Year 2004 (division B of Public Law 108–136), as amended, to extend the use of operation and maintenance funds for construction 

projects at locations in the United States Central Command area 

of responsibility for an additional year. This section limits the total 

use of this authority to $300.0 million in funds available for operation and maintenance for fiscal year 2011 with no more than 

$100.0 million of operation and maintenance funds for fiscal year 

2011 to be used in Afghanistan. 

The Senate committee-reported bill contained a similar provision 

(sec. 2801). 

The agreement includes the House provision with an amendment 

adding language extending the geographic reach of this provision 

to certain areas of the United States Africa Command. 

Sense of Congress and report regarding employment of veterans to 

work on military construction projects (sec. 2805) 

The House bill contained a provision (sec. 2806) that would establish a Veterans to Work pilot program that requires veterans 

apprenticeship programs on 20 military construction projects annually through fiscal year 2015. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

expressing 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. 

Subtitle B—Real Property and Facilities Administration 

Notice-and-wait requirements applicable to real property transactions (sec. 2811) 

The House bill contained a provision (sec. 2811) that would 

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erty owned by the United States that were previously included in 

section 2667 of title 10, United States Code. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Treatment of proceeds generated from leases of non-excess property 

involving military museums (sec. 2812) 

The House bill contained a provision (sec. 2812) that would 

amend section 2667 of title 10, United States Code, and authorize 

the secretary concerned to retain all the proceeds derived at a museum as a result of lease of non-excess property for the exclusive 

use by the museum developing such proceeds. 

The Senate committee-reported bill contained a similar provision 

(sec. 2852) that would authorize lease of portions of the Airborne 

and Special Operations Museum to the Airborne and Special Operations Museum Foundation for uses consistent with the purpose of 

the museum. 

The agreement includes the House provision. 

Limitation on enhanced use leases of non-excess property (sec. 2813) 

The Senate committee-reported bill contained a provision (sec. 

2811) that would ensure that enhanced use leases for non-excess 

property not be used to commit future-years Department of Defense funds for long-term projects that have not received approval 

through the normal budgeting process. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Repeal of expired authority to lease land for special operations activities (sec. 2814) 

The House bill contained a provision (sec. 2813) that would repeal section 2680 of title 10, United States Code, whose authority 

expired on September 30, 2005. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Former naval bombardment area, Culebra Island, Puerto Rico (sec. 

2815) 

The House bill contained a provision (sec. 2814) that would require the Secretary of Defense to remediate a portion of the bombardment area referred to as Flamenco Beach on the Island of 

Culebra, Commonwealth of Puerto Rico, to permit the land to be 

used for public park or public recreational purposes. This section 

would also require the Secretary to assess the extent of military 

munitions safety hazards and environmental contamination exiting 

on the balance of the bombardment area. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring the Secretary of Defense to conduct a study of 

unexploded ordinance in a portion of the former bombardment area 

on Culebra Island, Puerto Rico. 


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Subtitle C—Provisions Related to Guam Realignment 

Extension of term of Deputy Secretary of Defense’s leadership of 

Guam Oversight Counsel (sec. 2821) 

The House bill contained a provision (sec. 2823) that would extend the Deputy Secretary of Defense’s leadership of the Guam 

Oversight Counsel until September 30, 2020. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Utility conveyances to support integrated water and wastewater 

treatment system on Guam (sec. 2822) 

The House bill contained a provision (sec. 2824) that would provide the Secretary of Defense the authority to convey water and 

wastewater treatment utility systems to the Guam Waterworks Authority. As consideration for conveying these utilities, should they 

be conveyed, the Guam Waterworks Authority shall pay the fair 

market value of the conveyed infrastructure. If the Secretary of Defense and the Guam Waterworks Authority decide to convey these 

utilities, the Secretary of Defense shall be apportioned 33 percent 

voting representation on the Guam Consolidated Commission on 

Utilities. If the Secretary conveys the water and wastewater treatment utility systems to the Guam Waterworks Authority, this section would require new water and wastewater systems to also be 

managed and operated by the Guam Waterworks Authority. Furthermore, in the determination of fair market value, the Secretary 

of Defense, in consultation with the Secretary of the Interior, shall 

consider the value of in kind service provided by the Government 

of Guam pursuant to the Compact of Free Association between the 

Government of the United States and the Government of the Federated States of Micronesia, the Government of the Republic of the 

Marshall Islands, and the Government of the Republic of Palau. Finally, this section would authorize the Secretary of Interior to provide technical assistance to the Secretary of Defense to support the 

integrated water and wastewater treatment utility systems on 

Guam. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Report on types of facilities required to support Guam realignment 

(sec. 2823) 

The House bill contained a provision (sec. 2825) that would require the Secretary of Defense to provide a report to the congressional defense committees within 180 days after the enactment of 

this Act, on the structural requirements of facilities necessary to 

support the realigned forces on Guam. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Report on civilian infrastructure needs for Guam (sec. 2824) 

The House bill contained a provision (sec. 2826) that would require the Secretary of Interior, in consultation with the Secretary 

of Defense, the Government of the Territory of Guam, and the 

Interagency Group on Insular Affairs, to provide a report 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, within 180 days after 

the date of enactment of this Act. The Secretary of Interior would 

be required to include in the report an assessment of the civilian 

infrastructure improvements needed on Guam to support the military relocation on Guam and identify potential funding sources to 

support the implementation of this effort. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle D—Energy Security 

Consideration of environmentally sustainable practices in Department energy performance plan (sec. 2831) 

The House bill contained a provision (sec. 2831) that would 

amend section 2911(c) of title 10, United States Code, by modifying 

the required elements of the Department of Defense energy performance plan to include consideration of hybrid-electric drive and 

high efficiency vehicles and opportunities for high-performance construction, lease, maintenance, and operation of buildings. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Enhancement of energy security activities of the Department of Defense (sec. 2832) 

The House bill contained a provision (sec. 2832) that would require the Department of Defense (DOD) to develop a plan and implementation guidelines for achieving their renewable energy requirements. 

The Senate committee-reported bill contained a provision (sec. 

2821) requiring the Secretary of Defense to (1) develop a comprehensive Energy Performance Master Plan including baselines, 

measurement methods, metrics, milestones, and investments needed to meet DOD energy performance goals; (2) require consideration of renewable energy in repairs and renovations; and (3) define specific energy efficient technologies. 

The agreement includes the Senate provision with several clarifying amendments. 

Subtitle E—Land Conveyances 

Land conveyance, Defense Fuel Support Point (DFSP) Whittier, 

Alaska (sec. 2841) 

The House bill contained a provision (sec. 2842) that would authorize the Secretary of the Army to convey, without consideration, 


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to the City of Whittier, Alaska, a parcel of land for the purpose of 

local public activities. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Land conveyance, Fort Knox, Kentucky (sec. 2842) 

The House bill contained a provision (sec. 2843) that would authorize the Secretary of the Army to convey, without consideration, 

approximately 194 acres at Fort Knox, Kentucky, to the Department of Veterans Affairs of the Commonwealth of Kentucky for the 

purpose of establishing and operating a state veterans home and 

future expansion of the adjacent veterans cemetery. 

The Senate committee-reported bill contained a similar provision 

(sec. 2831). 

The agreement includes the Senate provision. 

Land conveyance, Naval Support Activity (West Bank), New Orleans, Louisiana (sec. 2843) 

The House bill contained a provision (sec. 2844) that would convey real property interests at the formal Naval Support Activity 

(West Bank), New Orleans, Louisiana, to the Algiers Development 

District. 

The Senate committee-reported contained a similar provision 

(sec. 2832). 

The agreement includes the House provision with a technical 

amendment. 

Land conveyance, former Navy Extremely Low Frequency Communications Project Site, Republic, Michigan (sec. 2844) 

The House bill contained a provision (sec. 2845) that would authorize the Secretary of the Navy to convey, without consideration, 

approximately seven acres comprising the former Navy Extremely 

Low Frequency communications project site to Humboldt Township 

in Marquette County, Michigan, for the purpose of assisting the 

local public activities. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Land conveyance, Marine Forces Reserve Center, Wilmington, North 

Carolina (sec. 2845) 

The House bill contained a provision (sec. 2846) that would authorize the Secretary of the Navy to convey, without consideration, 

the former Marine Forces Reserve Center in Wilmington, North 

Carolina, to the North Carolina State Port Authority for development of a port facility and for other public purposes. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Subtitle F—Other Matters 

Limitation on availability of funds pending report regarding construction of a new outlying landing field in North Carolina and 

Virginia (sec. 2851) 

The Senate committee-reported bill contained a provision (sec. 

2841) that would prohibit the obligation or expense of funds for the 

study or development of a new outlying landing field in North 

Carolina or Virginia after fiscal year 2011 until the Secretary of 

the Navy provides the congressional defense committees with a report. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment clarifying the provision’s findings and the report’s requirements. 

Requirements related to providing world class military medical centers (sec. 2852) 

The House bill contained a provision (sec. 2851) that would require the Secretary of Defense to establish a unified construction 

and repair standard for military medical facilities. The section 

would further require that the Secretary establish an advisory committee to assess the proposed design and organizational structure 

for military medical facilities in the National Capital Region to 

achieve world-class medical facility. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

increasing the scope of the advisory committee to assess design and 

organizational structure for military medical facilities regardless of 

location. 

Report on fuel infrastructure sustainment, restoration, restoration, 

and modernization requirements (sec. 2853) 

The House bill contained a provision (sec. 1422) that would require the Director of the Defense Logistics Agency to submit to the 

congressional defense committees a plan for addressing fuel infrastructure sustainment, restoration, and modernization requirements. 

The Senate committee-reported bill had no similar provision. 

The agreement includes the House provision with an amendment 

that provides an extended reporting date with additional reporting 

requirements. 

Naming of Armed Forces Reserve Center, Middleton, Connecticut 

(sec. 2854) 

The House bill contained a provision (sec. 2852) that would name 

the newly constructed Armed Forces Reserve Center in Middletown, Connecticut, as the ‘‘Major General Maurice Rose Armed 

Forces Reserve Center.’’ 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 


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Sense of Congress on proposed extension of the Alaska Railroad corridor across federal land in Alaska (sec. 2855) 

The Senate committee-reported bill contained a provision (sec. 

2853) that would express the sense of the Senate that the Department of the Army and Department of the Air Force should explore 

means of accommodating this expansion using existing authorities 

that will not adversely impact military missions, operations, and 

training. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment making this a sense of Congress. 

Sense of Congress on improving military housing for members of the 

Air Force (sec. 2856) 

The Senate committee-reported bill contained a provision (sec. 

2854) that would express the sense of Congress that the Department of the Air Force should use existing authority to carry out 

certain solicitations for military housing projects consistent with 

the goal of improving homes for Air Force personnel and their families by end of 2010. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment clarifying the findings contained in the provision. 

Sense of Congress regarding recreational hunting and fishing on 

military installations (sec. 2857) 

The House bill contained a provision (sec. 1067) that would express the sense of Congress that military institutions that permit 

recreational hunting and fishing should continue to do so. 

The Senate committee-reported bill had no similar provision. 

The agreement includes the House provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Department of Defense assistance for community adjustments related to realignment of military installations and relocation of 

military personnel on Guam 

The House bill contained a provision (sec. 2822) that would provide the Secretary of Defense temporary authority to assist the 

Government of Guam in mitigating the costs associated with the 

realignment of military forces on Guam, if the Secretary determines an unfair and excessive financial burden would be incurred 

by the Government of Guam, and the services and facilities would 

directly support the Guam realignment. This authority would be 

provided through existing federal programs. Finally, the transfer 

authority would be limited to $500. million and, pending the receipt of semi-annual reports on the execution of this authority, 

would expire on September 30, 2017. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include this provision. 

We note that the Statement of Administration Policy of May 27, 

2010 indicates that ‘‘the Administration is committed to addressing 

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ment of Marines and their families from Japan. That effort requires a comprehensive government-wide approach’’. We share the 

concern that the Government of Guam does not have the capabilities to fully address the community infrastructure needs to support 

the relocated forces without adversely impacting Guam. We expect 

a Federal Government-wide approach to address community support deficiencies concurrent with support from the Government of 

Japan. We expect this Federal Government-wide approach to be 

evident in the President’s fiscal year 2012 budget submission. 

Insulation retrofitting assessment for Department of Defense facilities 

The House bill contained a provision (sec. 2833) that would require the Secretary of Defense to submit to the Committees on 

Armed Services of the Senate and the House of Representatives an 

assessment of Department of Defense facilities that, if retrofitted 

with improved insulation, would result in cost and energy savings. 

The Senate committee-reported bill contained no similar provision. 

The agreement does not include this provision; however, when 

performing annual energy evaluations as directed by section 8253 

of title 42, United States Code, the Department should consider insulation retrofitting as one possible energy conservation measure. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY

CONSTRUCTION

Authorized Army construction and land acquisition projects (sec. 

2901) 

The House bill contained a provision (sec. 2911) that would authorize overseas contingency military construction projects for the 

Army for fiscal year 2011. The list contained in the table in section 

3002 of this Act is intended to be the binding list of the specific 

project authorized at each location. Furthermore, this section would 

provide an authorization of appropriations for each project and provide an overall limit on the amount the Army may obligate on the 

military construction project. 

The Senate committee-reported bill contained a similar provision 

(sec. 2901). 

The agreement includes the Senate provision with an amendment clarifying the projects authorized by the provision. 

Authorized Air Force construction and land acquisition projects 

(sec. 2902) 

The House bill contained a provision (sec. 2912) that would authorize overseas contingency military construction projects for the 

Air Force for fiscal year 2011. The list contained in the table in section 3002 of this Act is intended to be the binding list of the specific project authorized at each location. Furthermore, this section 

would provide an authorization of appropriations for each project 

and provide an overall limit on the amount the Air Force may obligate on the military construction project. 

The Senate committee-reported bill contained a similar provision 

(sec. 2902). 


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The agreement includes the Senate provision with an amendment clarifying the projects authorized by the provision. 

Authorized defense-wide construction and land acquisition projects 

and authorization of appropriations (sec. 2903) 

The House bill contained a provision (sec. 2913) that would authorize overseas contingency military construction projects for the 

defense agencies for fiscal year 2011. The list contained in the table 

in section 3002 of this Act is intended to be the binding list of the 

specific project authorized at each location. Furthermore, this section would provide an authorization of appropriations for each 

project and provide an overall limit on the amount the defense 

agencies may obligate on the military construction project. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

clarifying the projects authorized. 

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 

Overview 

Title XXXI authorizes appropriations for atomic energy defense 

activities of the Department of Energy for fiscal year 2011, including: the purchase, construction, and acquisition of plant and capital 

equipment; research and development; nuclear weapons activities; 

nuclear nonproliferation activities; naval nuclear propulsion; environmental cleanup; operating expenses; and other expenses necessary to carry out the purposes of the Department of Energy Organization Act (Public Law 95–91). This title authorizes appropriations in four categories: (1) National Nuclear Security Administration (NNSA); (2) defense environmental cleanup; (3) other defense 

activities; and (4) energy security and assurance. 

The budget request for atomic energy defense activities at the 

Department of Energy included $17.7 billion for atomic energy defense activities, a 13.4 percent increase above the fiscal year 2010 

appropriated level. Of the total amount requested: 

(1) $11.2 billion is for NNSA, of which: 

(a) $7.0 billion is for weapons activities; 

(b) $2.7 billion is for defense nuclear nonproliferation activities; 

(c) $1.1 billion is for naval reactors; and 

(d) $448.3 million is for the Office of the Administrator; 

(2) $5.6 billion is for defense environmental cleanup; and 

(3) $878.2 million is for other defense activities. 

The budget request also included $6.2 million for energy security 

and assurance within energy supply. 

The agreement includes $17.7 billion for atomic energy defense 

activities, the amount of the budget request. 


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National Nuclear Security Administration (sec. 3101) 

The House bill contained a provision (sec. 3101) that would au- thorize $11.2 billion, the amount of the budget for the activities of 

the National Nuclear Security Administration (NNSA). 

The Senate committee-reported bill contained a provision (sec. 3101) that would authorize $11.2 billion for the activities of the National Nuclear Security Administration. The agreement includes a provision that would authorize $11.2 

billion. 

Defense environmental cleanup (sec. 3102) 

The House bill contained a provision (sec. 3102) that would au- thorize $5.6 billion for defense environmental cleanup, the amount 

of the budget request. 

The Senate committee-reported bill contained a provision (sec. 3102) that would authorize $5.6 billion for defense environmental 

cleanup, the amount of the budget request. 

The agreement includes the House provision that would author- ize $5.6 billion for defense environmental cleanup. 

Other defense activities (sec. 3103) 

The House bill contained a provision (sec. 3103) that would au- thorize $878.2 million for other defense activities, the amount of 

the budget request. 

The Senate committee-reported bill contained a provision (sec. 3102) that would authorize $878.2 million for other defense activities, the amount of the budget request. 

The agreement includes the House provision that would author- ize $878.2 million for other defense activities. 

Energy security and assurance (sec. 3104) 

The House bill contained a provision (sec. 3104) that would au- thorize $6.2 million for energy security and assurance programs. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Aircraft procurement (sec. 3111) 

The House bill contained a provision (sec. 3114) that would authorize the Secretary of Energy to use fiscal year 2011 funds available for weapons activities to procure two aircraft. 

The Senate committee-reported bill contained a similar provision 

(sec. 3115). 

The agreement includes the House provision with a clarifying 

amendment that would allow the Secretary to use weapons activities funds for any fiscal year prior to fiscal year 2012 to purchase 

two aircraft. 

The Secure Transportation Asset (STA) program is responsible 

for moving nuclear weapons, weapons components and special nuclear material for the National Nuclear Security Administration 

(NNSA). This mission is accomplished through the use of both 

ground and air transport. The STA program office is in the process 


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of replacing its aging aircraft fleet of DC–9s and C–9s with 737 aircraft. For the past 40 years various contractors have managed, operated, and maintained the aircraft to transport the weapons components, Department of Energy (DOE) and DOE contractor personnel, and other government employees as well as military and 

other representatives of foreign governments. 

The previous contractor operators were certified by the Federal 

Aviation Administration (FAA) under part 119 of the FAA regulations, (14 CFR 119) as the aircraft were operating in both a public 

and civil aircraft status and were required to comply with the rules 

of both Part 121 or Part 135 of the FAA regulations. The FAA reviewed the operations of the STA in 2003 and determined that the 

aircraft must be operated under Part 119 and comply with Part 

121 or Part 135 of FAA regulations. The FAA determined that this 

would be the case whether the aircraft were operated by a contractor or by pilots directly employed by the DOE or NNSA. 

For future operations with the 737 aircraft, the NNSA has determined that it will no longer use a contractor to operate the new aircraft, but will utilize pilots employed by the NNSA and the contractor will manage and maintain but not operate the aircraft. In 

addition, NNSA has determined that it will self- regulate aircraft 

operations pursuant to DOE 440.2B, with oversight from the DOE 

Office of Aviation Management. This DOE order provides for selfregulation but requires that self-regulated aircraft operations operate in a fashion equivalent to FAA regulations. In this instance the 

DOE Office of Aviation Management would perform the oversight 

and inspection function currently provided by the FAA under the 

current and former contracts for operations, maintenance, and 

management. NNSA, however, has taken the position that because 

the 737 aircraft will be operated by pilots directly employed by the 

NNSA, the aircraft will be operated as public aircraft and the 

NNSA does not have to meet the equivalency requirements of Part 

119 and Part 121 or 135. This appears to be contrary to the 2003 

FAA determination and could result in a lower level of flight safety. 

The Secretary of Energy and the Administrator of the NNSA are 

directed to consult with the FAA to determine whether the operations of the STA aircraft are public or civil operations, or a combination, and the appropriate equivalency standard under which 

the STA aircraft should be operated, maintained, and managed. In 

addition, the Secretary and the Administrator are directed to submit a report to the congressional defense committees that sets forth 

the FAA determination, the ability of the NNSA to meet the requirements of the DOE orders if NNSA will operate as a self-regulated entity, and whether the DOE Office of Aviation is capable of 

conducting FAA-like oversight and inspections. This report should 

be completed before 737 operations begin. 

Biennial plan on modernization and refurbishment of the nuclear 

security complex (sec. 3112) 

The Senate committee-reported bill contained a provision (sec. 

3112) that would add a new section to the Atomic Energy Defense 

Act (division D of Public Law 107–314 as amended) to change the 

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ment of the nuclear security complex to require the plan in evennumbered years from the current requirement for the plan in oddnumbered years. In addition, the provision would require the plan 

to be submitted with the plan for maintaining the nuclear weapons 

stockpile. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would direct the Nuclear Weapons Council to conduct an 

assessment and analysis of the biennial plan and submit a report 

setting forth the results of that review to the congressional defense 

committees. The report would be due 180 days after the date on 

which the biennial plan is submitted. In addition, the amendment 

includes a series of technical changes. 

Comptroller General assessment of adequacy of budget requests with 

respect to the modernization and refurbishment of the nuclear 

weapons stockpile (sec. 3113) 

The House bill contained a provision (sec. 3121) that would require the Comptroller General to review the adequacy of funding 

contained in the budget request to achieve the goals contained in 

each Biennial Plan and Budget Assessment on the Modernization 

and Refurbishments of the Nuclear Security Complex required by 

section 3116 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84). The Comptroller would be required 

to submit a review to Congress 90 days after the submission of the 

budget request to Congress during even numbered years, consistent 

with the timing of the submission of the Biennial Plan and Budget 

Assessment. 

The Senate committee-reported bill contained a provision (sec. 

3111) that would require the Administrator of the National Nuclear 

Security Administration (NNSA) to include with the budget materials for the NNSA budget request an assessment of the adequacy 

of the budget request. The Administrator would be required to assess whether the budget requested for that year and the futureyears nuclear security program for the weapons activities at the 

NNSA meets the programmatic requirements set out in the NNSA 

program plan documents. These documents include the annual 

stockpile stewardship plan known as the green book. The Administrator would be required to make this assessment in coordination 

with the Secretary of Defense and the Commander of the United 

States Strategic Command. 

The agreement includes the House provision with an amendment 

that would require the Comptroller to conduct an annual review of 

the NNSA budget request to determine if it is sufficient to fulfill 

the plan for the modernization and refurbishment of the nuclear 

security complex. 

Notification of cost overruns for certain Department of Energy 

projects (sec. 3114) 

The Senate committee-reported bill contained a provision (sec. 

3114) that would direct the Administrator of the National Nuclear 

Security Administration (NNSA) to establish a cost and schedule 

baseline for each nuclear weapon stockpile life extension program. 

The provision would also direct the Secretary of Energy to establish 


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a cost and schedule baseline for each defense funded construction 

project and for each defense environmental management project 

managed under the Department of Energy project management 

protocols with a value in excess of $100.0 million. Each required 

cost and schedule baseline would be submitted to the congressional 

defense committees no later than 30 days after it is developed. If 

the cost of any project exceeds 125 percent of the cost baseline or 

if the time to complete the project will exceed 125 percent of the 

schedule baseline, the Administrator or the Secretary as the case 

may be shall notify the congressional defense committees within 30 

days after any such determination is made. 

Within 90 days of a cost or schedule breach, the Administrator 

or the Secretary as applicable shall notify the congressional defense 

committees if the project will be terminated or continued. If the 

project is continued the Administrator or the Secretary as applicable shall certify that a revised cost and schedule baseline is in 

place, that there is no alternative available other than to continue 

the project and still meet mission needs, and that a management 

structure is in place adequate to manage and control the cost and 

schedule of the project in the future. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would reduce the threshold for cost breaches for construction line items and covered Environmental Management (EM) 

projects to $50.0 million. The amendment would eliminate the requirement to report schedule only breaches, and increase the 

threshold for the breach of the per unit cost of a life extension 

project to 200 percent. The life extension programs would thus be 

required to submit a notification if the total project cost exceeds 

125 percent of the initial cost baseline or if the per unit cost exceeds 200 percent of the initial per unit cost baseline. 

Establishment of cooperative research and development centers (sec. 

3115) 

The House bill contained a provision (sec. 3113) that would direct 

the Administrator of the National Nuclear Security Administration 

to establish a technology center at each national security laboratory, subject to availability of appropriations for this purpose. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify that the centers would be cooperative research 

and development centers. 

While the provision would authorize the Administrator to construct, purchase, or lease facilities for these centers, there is an expectation that the centers will be established in existing facilities. 

Future-years defense environmental management plan (sec. 3116) 

The Senate committee-reported bill contained a provision (sec. 

3113) that would direct the Secretary of Energy to submit an annual 5 year environmental management budget plan for defense 

funded environmental management activities. This plan would be 

due with the annual budget request for the Environmental Management program. 


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The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Extension of authority of Secretary of Energy for appointment of certain scientific, engineering, and technical personnel (sec. 3117) 

The Senate committee-reported bill contained a provision (sec. 

3117) that would amend section 4601(c)(1) of the Atomic Energy 

Defense Act (division D of Public Law 107–314 as amended) to extend the hiring authority for scientific, engineering, and technical 

personnel for 5 years. This authority expired September 30, 2011. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects (sec. 3118) 

The Senate committee-reported bill contained a provision (sec. 

3118) that would amend section 646(g)(10) of the Department of 

Energy Organization Act (Public Law 95–91 as amended) by extending the authority to carry out research projects using other 

transaction authority through September 30, 2015. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Extension of authority relating to the International Materials Protection, Control, and Accounting Program of the Department of 

Energy (sec. 3119) 

The House bill contained a provision (sec. 3111) that would extend the international materials protection control and accounting 

(MPC&A) program work with the Russian Federation from 10 

years to 15 years. 

The Senate committee-reported bill contained a similar provision 

(sec. 3119) that would extend the MPC&A program from 10 to 14 

years. 

The agreement includes the House provision. 

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. 3120) 

The Senate committee-reported bill contained a provision (sec. 

3121) that would extend the deadline for transfer of certain parcels 

of land to the county of Los Alamos, New Mexico, and held in trust 

for the Pueblo of San Ildefonso from November 26, 2010, to September 30, 2022. Certain parcels of the land to be transferred will 

require environmental remediation before they can be transferred. 

This extension will allow the Department of Energy additional time 

to complete the environmental remediation. 

The House bill contained no similar provision. 

The agreement includes the provision with a technical amendment restating the authority for and the conditions under which 

the Secretary may transfer land to the Pueblo of San Ildefonso and 

that would include the requirement to transfer the land by September 30, 2022. 


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Repeal of sunset provision for modification of minor construction 

threshold for plant projects (sec. 3121) 

The Senate committee-reported bill contained a provision (sec. 

3120) that would amend section 3118 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) to modify 

permanently the definition of minor construction projects also 

known as general plant projects, to include any projects under 

$10.0 million. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Enhancing private-sector employment through cooperative research 

and development activities (sec. 3122) 

The House bill contained a provision (sec. 3115) that would direct 

the Administrator of the National Nuclear Security Administration 

(NNSA) to encourage technology transfer activities at the national 

security laboratories and to report annually, on January 31 of each 

year, the number of private-sector jobs created as a result of the 

technology activities in the previous year. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify that the activities would be carried out pursuant 

to cooperative research and development activities. In addition, the 

amendment would require annual reports for 5 years beginning on 

January 31, 2012, and ending on January 31, 2017. 

Limitation on use of funds for establishment of centers of excellence 

in countries outside the former Soviet Union (sec. 3123) 

The Senate committee-reported bill contained a provision (sec. 

3116) that would prohibit Defense Nuclear Nonproliferation program funds from being obligated to establish a center of excellence 

in any country outside of the former Soviet Union (FSU) until such 

time as the Secretary of Energy submits to the congressional defense committees a report on the particular center to be established. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amend- ment that would prohibit no more than $0.5 million from being obligated to establish any given center of excellence until 15 days 

after receipt of the required information. 

While there is support for the expansion of National Nuclear Security Administration programs into countries outside of the FSU, 

the members of the Committees on Armed Services of the Senate 

and the House of Representatives would like to understand in more 

detail plans for the new centers as these plans evolve. 

Department of Energy Energy Parks Program (sec. 3124) 

The Senate committee-reported bill contained a provision (sec. 

3131) that would authorize the Secretary of Energy to establish energy parks on former defense nuclear facilities. 

The House bill contained a similar provision (sec. 3112). 

The agreement includes the Senate provision. 


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Subtitle C—Reports 

Report on graded security protection policy (sec. 3131) 

The House bill contained a provision (sec. 3122) that would require the Secretary of Energy to submit a report to the congressional defense committees on the implementation of the graded security protection policy of the Department of Energy no later than 

February 1, 2011. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Authorization (sec. 3201) 

The House bill contained a provision (sec. 3201) that would au- thorize $28.6 million for the operations of the Defense Nuclear Facilities Safety Board (DNFSB), the amount of the budget request. 

The Senate committee-reported bill contained a provision (sec. 3201) that would authorize $33.6 million for the operation of the 

DNFSB, an increase of $5.0 million. 

The agreement includes the House provision. 

Given the increasing level of work that the DNFSB will undertake with the two major new construction projects currently in 

planning by the National Nuclear Security Administration, the 

budget for the DNFSB will have to increase as well to ensure adequate and timely oversight. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Authorization of appropriation (sec. 3401) 

The House bill contained a provision (sec. 3401) that authorized $23.6 million for fiscal year 2011 for operation and maintenance of 

the Naval Petroleum Reserves. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

TITLE XXXV—MARITIME ADMINISTRATION

Authorization of appropriations for national security aspects of the 

merchant marine for fiscal year 2011 (sec. 3501) 

The House bill contained a provision (sec. 3501) that would authorize appropriations for the Maritime Administration of the Department of Transportation for those activities of the Maritime Administration associated with maintaining national defense sealift. 

The Senate committee-reported bill contained a provision (sec. 

3301) that would authorize various appropriations for the Maritime 

Administration. 

The agreement includes the House provision. 

Extension of maritime security fleet program (sec. 3502) 

The House bill contained a provision (sec. 3502) that would extend the authorization of the Maritime Security Fleet from fiscal 

year 2015 to fiscal year 2025. 


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The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

United States Merchant Marine Academy nominations of residents 

of the Northern Mariana Islands (sec. 3503) 

The House bill contained a provision (sec. 3503) that would grant 

the Delegate from the Northern Mariana Islands authority to nominate cadets to the United States Merchant Marine Academy in 

keeping with the procedures followed for all other territories of the 

United States. 

The Senate committee-reported bill contained no similar provision. 

The agreement includes the House provision. 

Research Authority (sec. 3504) 

The Committee on Commerce, Science, and Transportation of the 

Senate reported a bill (S. 3566) that would authorize various programs within the Maritime Administration. This bill contained a 

provision (sec. 3) that would specifically grant authority for the faculty and staff of the United States Merchant Marine Academy to 

conduct research with respect to maritime-related matters and to 

provide other appropriate academic support and training in accordance with the mission of the Academy. There is a long standing 

precedent that the conferees on National Defense Authorization 

Acts from the Senate and the House of Representatives include in 

the agreement those areas of oversight and jurisdiction granted to 

the Committee on Commerce, Science, and Transportation of the 

Senate which mirror oversight and jurisdiction of the Committee on 

Armed Services of the House of Representatives. 

The House bill contained no similar provision. 

The agreement includes the Senate committee-reported provision. 

Æ 


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