PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4137 

Public Law 111–383 

111th Congress 

An Act 

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

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011’’. 

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

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

be deemed to refer to the ‘‘Ike Skelton National Defense Authorization Act for Fiscal Year 2011’’. 

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

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

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

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

is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Navy Programs 

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

ship designated LHA–7. 

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

and reconnaissance capabilities. 

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

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

the Navy. 

Subtitle C—Joint and Multiservice Matters 

Sec. 121. Limitations on biometric systems funds. 

5 USC 9902 note. 

Ike Skelton 

National Defense 

Authorization 

Act for Fiscal 

Year 2011. 

Jan. 7, 2011 

[H.R. 6523] 


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

aircraft program. 

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

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

Sec. 125. Study on lightweight body armor solutions. 

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

Sec. 127. Contracts for commercial imaging satellite capacities. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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

and engineering education. 

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

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

Joint Light Tactical Vehicle. 

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

vehicles, ground vehicle systems, and components. 

Sec. 215. Demonstration and pilot projects on cybersecurity. 

Subtitle C—Missile Defense Programs 

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

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

foreign entities. 

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

Sec. 224. Medium Extended Air Defense System. 

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

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

Czech Republic. 

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

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

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

Subtitle D—Reports 

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

Ground Combat Vehicle program. 

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

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

Subtitle E—Other Matters 

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

participation in development of next generation semiconductor technologies. 

Sec. 242. Pilot program on collaborative energy security. 

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

and development of defense systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

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

connection with the Twin Cities Army Ammunition Plant, Minnesota. 

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

connection with Naval Air Station, Brunswick, Maine. 

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

at Camp Lejeune, North Carolina. 

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

Subtitle C—Workplace and Depot Issues 

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


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

vendor contracts for depot-level maintenance and repair. 

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

performance by Department of Defense civilian employees. 

Subtitle D—Reports 

Sec. 331. Additional reporting requirements relating to corrosion prevention 

projects and activities. 

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

Sec. 333. Report on Air Sovereignty Alert mission. 

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

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

Subtitle E—Limitations and Extensions of Authority 

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

Sec. 342. Extension of Arsenal Support Program Initiative. 

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

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

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

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

Subtitle F—Other Matters 

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

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

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

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

authority to facilitate performance of certain Department of Defense 

functions by civilian employees. 

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

household goods in limited cases not covered by carrier liability. 

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

Sec. 356. Operational readiness models. 

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

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

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

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

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

records of special selection boards. 

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

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

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


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

commissioned officer required for voluntary retirement as an officer. 

Subtitle B—Reserve Component Management 

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

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

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

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

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

Subtitle G—Defense Dependents’ Education 

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

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

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

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

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

Subtitle H—Decorations and Awards 

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

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

Shinyei Matayoshi for acts of valor during World War II. 

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

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

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

Subtitle I—Military Family Readiness Matters 

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

Family Readiness Council. 


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

needs. 

Sec. 583. Modification of Yellow Ribbon Reintegration Program. 

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

Sec. 585. Report on military spouse education programs. 

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

with special education needs. 

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

care for members of the Armed Forces. 

Subtitle J—Other Matters 

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

and Coast Guard civilian employees and their families to accept gifts 

from non-Federal entities. 

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

National Defense University. 

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

Institute of Technology. 

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

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

STARBASE Program. 

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

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

under another program. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

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

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

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

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

Subtitle C—Travel and Transportation Allowances 

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

inactive duty training outside of normal commuting distances. 

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

Subtitle D—Disability, Retired Pay and Survivor Benefits 

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

than 30 years of service who retire for disability. 

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

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

duty to receive authorized medical care on reducing eligibility age for receipt of non-regular service retired pay. 

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

requiring assistance in everyday living with monthly personal caregiver 

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

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

pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

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

serving in combat zones. 

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

Mariana Islands. 


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

Air Station, Maine. 

Subtitle F—Other Matters 

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

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

career officers extending period of active duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

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

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

Sec. 703. Survivor dental benefits. 

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

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

system of pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

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

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

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

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

Sec. 715. Health information technology. 

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

Subtitle C—Other Matters 

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

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

members of the Armed Forces before and after deployment. 

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

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

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Disclosure to litigation support contractors. 

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

subprogram. 

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

and safety emergencies through rapid acquisition and deployment of urgently needed supplies. 

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

to urgent operational needs. 

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

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

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

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

defense acquisition and major automated information system programs. 

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

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

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

under various acquisition-related requirements. 

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

Limitations 

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

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

arms production industrial base. 

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


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

Sec. 825. Extension of sunset date for certain protests of task and delivery order 

contracts. 

Sec. 826. Inclusion of option amounts in limitations on authority of the Department 

of Defense to carry out certain prototype projects. 

Sec. 827. Permanent authority for Defense Acquisition Challenge Program; pilot expansion of Program. 

Sec. 828. Energy savings performance contracts. 

Sec. 829. Definition of materials critical to national security. 

Subtitle D—Contractor Matters 

Sec. 831. Oversight and accountability of contractors performing private security 

functions in areas of combat operations. 

Sec. 832. Extension of regulations on contractors performing private security functions to areas of other significant military operations. 

Sec. 833. Standards and certification for private security contractors. 

Sec. 834. Enhancements of authority of Secretary of Defense to reduce or deny 

award fees to companies found to jeopardize the health or safety of Government personnel. 

Sec. 835. Annual joint report and Comptroller General review on contracting in 

Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Improvements to structure and functioning of Joint Requirements Oversight Council. 

Sec. 842. Department of Defense policy on acquisition and performance of sustainable products and services. 

Sec. 843. Assessment and plan for critical rare earth materials in defense applications. 

Sec. 844. Review of national security exception to competition. 

Sec. 845. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation. 

Sec. 846. Procurement of photovoltaic devices. 

Sec. 847. Non-availability exception from Buy American requirements for procurement of hand or measuring tools. 

Sec. 848. Contractor logistics support of contingency operations. 

Subtitle F—Improve Acquisition Act 

Sec. 860. Short title. 

PART I—DEFENSE ACQUISITION SYSTEM

Sec. 861. Improvements to the management of the defense acquisition system. 

Sec. 862. Comptroller General report on Joint Capabilities Integration and Development System. 

Sec. 863. Requirements for the acquisition of services. 

Sec. 864. Review of defense acquisition guidance. 

Sec. 865. Requirement to review references to services acquisition throughout the 

Federal Acquisition Regulation and the Defense Federal Acquisition 

Regulation Supplement. 

Sec. 866. Pilot program on acquisition of military purpose nondevelopmental 

items. 

PART II—DEFENSE ACQUISITION WORKFORCE

Sec. 871. Acquisition workforce excellence. 

Sec. 872. Amendments to the acquisition workforce demonstration project. 

Sec. 873. Career development for civilian and military personnel in the acquisition 

workforce. 

Sec. 874. Recertification and training requirements. 

Sec. 875. Information technology acquisition workforce. 

Sec. 876. Definition of acquisition workforce. 

Sec. 877. Defense Acquisition University curriculum review. 

PART III—FINANCIAL MANAGEMENT

Sec. 881. Audit readiness of financial statements of the Department of Defense. 

Sec. 882. Review of obligation and expenditure thresholds. 

Sec. 883. Disclosure and traceability of the cost of Department of Defense health 

care contracts. 

PART IV—INDUSTRIAL BASE

Sec. 891. Expansion of the industrial base. 


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Sec. 892. Price trend analysis for supplies and equipment purchased by the Department of Defense. 

Sec. 893. Contractor business systems. 

Sec. 894. Review and recommendations on eliminating barriers to contracting with 

the Department of Defense. Sec. 895. Inclusion of the providers of services and information technology in the 

national technology and industrial base. Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy; Industrial Base Fund. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Reorganization of Office of the Secretary of Defense to carry out reduction 

required by law in number of Deputy Under Secretaries of Defense. 

Subtitle B—Space Activities 

Sec. 911. Integrated space architectures. 

Sec. 912. Limitation on use of funds for costs of terminating contracts under the 

National Polar-Orbiting Operational Environmental Satellite System 

Program. 

Sec. 913. Limitation on use of funds for purchasing Global Positioning System user 

equipment. 

Sec. 914. Plan for integration of space-based nuclear detection sensors. 

Sec. 915. Preservation of the solid rocket motor industrial base. 

Sec. 916. Implementation plan to sustain solid rocket motor industrial base. 

Sec. 917. Review and plan on sustainment of liquid rocket propulsion systems industrial base. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Five-year extension of authority for Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities. 

Sec. 922. Modification of attendees at proceedings of Intelligence, Surveillance, and 

Reconnaissance Integration Council. 

Sec. 923. Report on Department of Defense interservice management and coordination of remotely piloted aircraft support of intelligence, surveillance, and 

reconnaissance. 

Sec. 924. Report on requirements fulfillment and personnel management relating 

to Air Force intelligence, surveillance, and reconnaissance provided by 

remotely piloted aircraft. 

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

Sec. 931. Continuous monitoring of Department of Defense information systems for 

cybersecurity. 

Sec. 932. Strategy on computer software assurance. 

Sec. 933. Strategy for acquisition and oversight of Department of Defense cyber 

warfare capabilities. 

Sec. 934. Report on the cyber warfare policy of the Department of Defense. 

Sec. 935. Reports on Department of Defense progress in defending the Department 

and the defense industrial base from cyber events. 

Subtitle E—Other Matters 

Sec. 941. Two-year extension of authorities relating to temporary waiver of reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies. 

Sec. 942. Additional requirements for quadrennial roles and missions review in 

2011. 

Sec. 943. Report on organizational structure and policy guidance of the Department 

of Defense regarding information operations. 

Sec. 944. Report on organizational structures of the geographic combatant command headquarters. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of additional appropriations for operations in Afghanistan, 

Iraq, and Haiti for fiscal year 2010. 

Sec. 1003. Budgetary effects of this Act. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 


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Sec. 1012. Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Sec. 1014. Support for counter-drug activities of certain foreign governments. 

Sec. 1015. Notice to Congress on military construction projects for facilities of the 

Department of Defense and foreign law enforcement agencies for 

counter-drug activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Extension of authority for reimbursement of expenses for certain Navy 

mess operations. 

Sec. 1022. Expressing the sense of Congress regarding the naming of a naval combat vessel after Father Vincent Capodanno. 

Sec. 1023. Requirements for long-range plan for construction of naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1032. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign countries 

and other foreign entities. 

Sec. 1034. Prohibition on the use of funds to modify or construct facilities in the 

United States to house detainees transferred from United States Naval 

Station, Guantanamo Bay, Cuba. 

Sec. 1035. Comprehensive review of force protection policies. 

Subtitle E—Homeland Defense and Civil Support 

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

Subtitle F—Studies and Reports 

Sec. 1051. Interagency national security knowledge and skills. 

Sec. 1052. Report on establishing a Northeast Regional Joint Training Center. 

Sec. 1053. Comptroller General report on previously requested reports. 

Sec. 1054. Biennial report on nuclear triad. 

Sec. 1055. Comptroller General study on common alignment of world regions in departments and agencies with international responsibilities. 

Sec. 1056. Required reports concerning bomber modernization, sustainment, and 

recapitalization efforts in support of the national defense strategy. 

Sec. 1057. Comptroller General study and recommendations regarding security of 

southern land border of the United States. 

Subtitle G—Miscellaneous Authorities and Limitations 

Sec. 1061. Public availability of Department of Defense reports required by law. 

Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons. 

Sec. 1063. Development of criteria and methodology for determining the safety and 

security of nuclear weapons. 

Subtitle H—Other Matters 

Sec. 1071. National Defense Panel. 

Sec. 1072. Sale of surplus military equipment to State and local homeland security 

and emergency management agencies. 

Sec. 1073. Defense research and development rapid innovation program. 

Sec. 1074. Authority to make excess nonlethal supplies available for domestic emergency assistance. 

Sec. 1075. Technical and clerical amendments. 

Sec. 1076. Study on optimal balance of manned and remotely piloted aircraft. 

Sec. 1077. Treatment of successor contingency operation to Operation Iraqi Freedom. 

Sec. 1078. Program to assess the utility of non-lethal weapons. 

Sec. 1079. Sense of Congress on strategic nuclear force reductions. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Clarification of authorities at personnel demonstration laboratories. 

Sec. 1102. Requirements for Department of Defense senior mentors. 


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Sec. 1103. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1104. Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel for care and treatment 

of wounded and injured members of the Armed Forces. 

Sec. 1105. Rate of overtime pay for Department of the Navy employees performing 

work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Expansion of authority for support of special operations to combat terrorism. 

Sec. 1202. Addition of allied government agencies to enhanced logistics interoperability authority. 

Sec. 1203. Expansion of temporary authority to use acquisition and cross-servicing 

agreements to lend certain military equipment to certain foreign forces 

for personnel protection and survivability. 

Sec. 1204. Authority to pay personnel expenses in connection with African cooperation. 

Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior Counter 

Terrorism Forces. 

Sec. 1206. Air Force scholarships for Partnership for Peace nations to participate 

in the Euro-NATO Joint Jet Pilot Training program. 

Sec. 1207. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1212. One-year extension and modification of Commanders’ Emergency Response Program. 

Sec. 1213. Extension of authority for reimbursement of certain coalition nations for 

support provided to United States military operations. 

Sec. 1214. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Iraq and Afghanistan. 

Sec. 1215. No permanent military bases in Afghanistan. 

Sec. 1216. Authority to use funds for reintegration activities in Afghanistan. 

Sec. 1217. Authority to establish a program to develop and carry out infrastructure 

projects in Afghanistan. 

Sec. 1218. Extension of logistical support for coalition forces supporting operations 

in Iraq and Afghanistan. 

Sec. 1219. Recommendations on oversight of contractors engaged in activities relating to Afghanistan. 

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 

Subtitle C—Reports and Other Matters 

Sec. 1231. One-year extension of report on progress toward security and stability 

in Afghanistan. 

Sec. 1232. Two-year extension of United States plan for sustaining the Afghanistan 

National Security Forces. 

Sec. 1233. Modification of report on responsible redeployment of United States 

Armed Forces from Iraq. 

Sec. 1234. Report on Department of Defense support for coalition operations. 

Sec. 1235. Reports on police training programs. 

Sec. 1236. Report on certain Iraqis affiliated with the United States. 

Sec. 1237. Report on Department of Defense’s plans to reform the export control 

system. 

Sec. 1238. Report on United States efforts to defend against threats posed by the 

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

Sec. 1239. Defense Science Board report on Department of Defense strategy to 

counter violent extremism outside the United States. 

Sec. 1240. Report on merits of an Incidents at Sea agreement between the United 

States, Iran, and certain other countries. 

Sec. 1241. Requirement to monitor and evaluate Department of Defense activities 

to counter violent extremism in Africa. 

Sec. 1242. NATO Special Operations Headquarters. 

Sec. 1243. National Military Strategy to Counter Iran and required briefings. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 


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Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 1304. Plan for nonproliferation, proliferation prevention, and threat reduction 

activities with the People’s Republic of China. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Study on working capital fund cash balances. 

Sec. 1403. Modification of certain working capital fund requirements. 

Sec. 1404. Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund. Sec. 1405. National Defense Sealift Fund. 

Sec. 1406. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1408. Defense Inspector General. 

Sec. 1409. Defense Health Program. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. Consolidation and reorganization of statutory authority for destruction 

of United States stockpile of lethal chemical agents and munitions. 

Subtitle D—Other Matters 

Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1432. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. National Guard and Reserve equipment. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Military personnel. 

Sec. 1512. Working capital funds. 

Sec. 1513. Defense Health Program. 

Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1515. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1532. Limitations on availability of funds in Iraq Security Forces Fund. 

Sec. 1533. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. Sec. 1534. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1535. Task Force for Business and Stability Operations in Afghanistan and 

economic transition plan and economic strategy for Afghanistan. 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN 

THE ARMED FORCES 

Sec. 1601. Definition of Department of Defense sexual assault prevention and response program and other definitions. 


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Sec. 1602. Comprehensive Department of Defense policy on sexual assault prevention and response program. 

Subtitle A—Organizational Structure and Application of Sexual Assault Prevention 

and Response Program Elements 

Sec. 1611. Sexual Assault Prevention and Response Office. 

Sec. 1612. Oversight and evaluation standards. 

Sec. 1613. Report and plan for completion of acquisition of centralized Department 

of Defense sexual assault database. 

Sec. 1614. Restricted reporting of sexual assaults. 

Subtitle B—Improved and Expanded Availability of Services 

Sec. 1621. Improved protocols for providing medical care for victims of sexual assault. 

Sec. 1622. Sexual assault victims access to Victim Advocate services. 

Subtitle C—Reporting Requirements 

Sec. 1631. Annual report regarding sexual assaults involving members of the 

Armed Forces and improvement to sexual assault prevention and response program. 

Sec. 1632. Additional reports. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Funding tables. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Use of unobligated Army military construction funds in conjunction with 

funds provided by the Commonwealth of Virginia to carry out certain 

fiscal year 2002 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2010 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Technical amendment to reflect multi-increment fiscal year 2010 project. 

Sec. 2206. Extension of authorization of certain fiscal year 2008 project. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorization of certain fiscal year 2007 project. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2010 projects. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 


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Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

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

BRAC initiative. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Availability of military construction information on Internet. 

Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for construction or alteration at Pentagon Reservation. Sec. 2803. Reduced reporting time limits for certain military construction and real 

property reports when submitted in electronic media. Sec. 2804. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. Sec. 2805. Sense of Congress and report regarding employment of veterans to work 

on military construction projects. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Notice-and-wait requirements applicable to real property transactions. 

Sec. 2812. Treatment of proceeds generated from leases of non-excess property involving military museums. Sec. 2813. Limitation on enhanced use leases of non-excess property. 

Sec. 2814. Repeal of expired authority to lease land for special operations activities. 

Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Extension of term of Deputy Secretary of Defense’s leadership of Guam 

Oversight Council. Sec. 2822. Utility conveyances to support integrated water and wastewater treatment system on Guam. Sec. 2823. Report on types of facilities required to support Guam realignment. 

Sec. 2824. Report on civilian infrastructure needs for Guam. 

Subtitle D—Energy Security 

Sec. 2831. Consideration of environmentally sustainable practices in Department 

energy performance plan. 

Sec. 2832. Enhancement of energy security activities of the Department of Defense. 

Subtitle E—Land Conveyances 

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

Sec. 2842. Land conveyance, Fort Knox, Kentucky. 

Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New Orleans, 

Louisiana. 

Sec. 2844. Land conveyance, former Navy Extremely Low Frequency communications project site, Republic, Michigan. 

Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington, North 

Carolina. 

Subtitle F—Other Matters 

Sec. 2851. Limitation on availability of funds pending report regarding construction 

of a new outlying landing field in North Carolina and Virginia. 


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Sec. 2852. Requirements related to providing world class military medical centers. 

Sec. 2853. Report on fuel infrastructure sustainment, restoration, and modernization requirements. 

Sec. 2854. Naming of Armed Forces Reserve Center, Middletown, Connecticut. 

Sec. 2855. Sense of Congress on proposed extension of the Alaska Railroad corridor 

across Federal land in Alaska. 

Sec. 2856. Sense of Congress on improving military housing for members of the Air 

Force. 

Sec. 2857. Sense of Congress regarding recreational hunting and fishing on military installations. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition project. 

Sec. 2903. Authorized Defense Wide Construction and Land Acquisition Projects 

and Authorization of Appropriations. 

TITLE XXX—MILITARY CONSTRUCTION FUNDING TABLES 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Aircraft procurement. 

Sec. 3112. Biennial plan on modernization and refurbishment of the nuclear security complex. 

Sec. 3113. Comptroller General assessment of adequacy of budget requests with respect to the modernization and refurbishment of the nuclear weapons 

stockpile. 

Sec. 3114. Notification of cost overruns for certain Department of Energy projects. 

Sec. 3115. Establishment of cooperative research and development centers. 

Sec. 3116. Future-years defense environmental management plan. 

Sec. 3117. Extension of authority of Secretary of Energy for appointment of certain 

scientific, engineering, and technical personnel. 

Sec. 3118. Extension of authority of Secretary of Energy to enter into transactions 

to carry out certain research projects. 

Sec. 3119. Extension of authority relating to the International Materials Protection, 

Control, and Accounting Program of the Department of Energy. 

Sec. 3120. Extension of deadline for transfer of parcels of land to be conveyed to 

Los Alamos County, New Mexico, and held in trust for the Pueblo of 

San Ildefonso. 

Sec. 3121. Repeal of sunset provision for modification of minor construction threshold for plant projects. 

Sec. 3122. Enhancing private-sector employment through cooperative research and 

development activities. 

Sec. 3123. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 3124. Department of Energy energy parks program. 

Subtitle C—Reports 

Sec. 3131. Report on graded security protection policy. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2011. 


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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. 

(2) For weapons, including missiles and torpedoes, 

$3,358,264,000. 

10 USC 101 note. 


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(3) For shipbuilding and conversion, $15,724,520,000. 

(4) For other procurement, $6,381,815,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Marine Corps 

in the amount of $1,296,838,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2011 for procurement 

of ammunition for the Navy and the Marine Corps in the amount 

of $817,991,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement for the Air Force as follows: 

(1) For aircraft, $14,668,408,000. 

(2) For ammunition, $672,420,000. 

(3) For missiles, $5,444,464,000. 

(4) For other procurement, $17,845,342,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for Defense-wide procurement in the amount of 

$4,398,168,000. 

Subtitle B—Navy Programs 

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

(a) AUTHORITY TO USE MULTIPLE YEARS OF FUNDING.—The 

Secretary of the Navy may enter into a contract for detail design 

and construction of the LHA Replacement ship designated LHA– 

7 that provides that, subject to subsection (b), funds for payments 

under the contract may be provided from amounts authorized to 

be appropriated for the Department of Defense for Shipbuilding 

and Conversion, Navy, for fiscal years 2011 and 2012. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2011 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS 

INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE 

CAPABILITIES. 

(a) FINDINGS.—Congress finds the following: 

(1) The Navy terminated the EP–X program to acquire 

a new land-based airborne signals intelligence capability 

because of escalating costs and funds budgeted for the program 

were re-allocated to other priorities. 

(2) The Navy took this action without planning and budgeting for alternative means to meet operational requirements 

for tactical-level and theater-level signals intelligence capabilities to support the combatant commands and national intelligence consumers. 

(3) The principal Navy airborne signals intelligence capability today is the EP–3E Airborne Reconnaissance Integrated 

Electronic System II (ARIES II)—the aircraft and associated 

electronic equipment of this system are aging and will require 


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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 quickreaction capability available. 

(b) REQUIREMENT TO MAINTAIN CAPABILITIES.— (1) PROHIBITION ON RETIREMENT OF PLATFORMS.—The Secretary of the Navy may not retire (or to prepare to retire) 

the EP–3E Airborne Reconnaissance Integrated Electronic 

System II or Special Projects Aircraft platform. 

(2) MAINTENANCE OF PLATFORMS.—The Secretary of the 

Navy shall continue to maintain, sustain, and upgrade the 

EP–3E Airborne Reconnaissance Integrated Electronic System 

II and Special Projects Aircraft platforms in order to provide 

capabilities necessary to operate effectively against rapidly 

evolving threats and to meet combatant commander operational 

intelligence, surveillance, and reconnaissance requirements. 

(3) CERTIFICATION.—Not later than February 1, 2011, and 

annually thereafter, the Under Secretary of Defense for Intelligence and the Vice Chairman of the Joint Chiefs of Staff 

shall jointly certify to Congress the following: 

(A) The Secretary of the Navy is maintaining and 

sustaining the EP–3E Airborne Reconnaissance Integrated 

Electronic System II and Special Projects Aircraft platform 

in a manner that meets the intelligence, surveillance, and 

reconnaissance requirements of the commanders of the 

combatant commands. 

(B) Any plan for the retirement or replacement of 

the EP–3E Airborne Reconnaissance Integrated Electronic 

System II or Special Projects Aircraft platform will provide, 

in the aggregate, an equivalent or superior capability and 

capacity to the platform concerned. 

(4) TERMINATION.—The requirements of this subsection 

with respect to the EP–3E Airborne Reconnaissance Integrated 

Electronic System II or the Special Projects Aircraft platform 

shall expire on the commencement of the fielding by the Navy 

of a platform or mix of platforms and sensors that are, in 

the aggregate, equivalent or superior to the EP–3E Airborne 

Reconnaissance Integrated Electronic System II (spiral 3) or 

the Special Projects Aircraft (P909) platform. 

(c) RESTRICTION ON TRANSFER OF SABER FOCUS PROGRAM ISR 

CAPABILITIES.— 

(1) RESTRICTION.—The Secretary of the Navy may not 

transfer the Saber Focus unmanned aerial system, associated 

equipment, or processing, exploitation, and dissemination 

capabilities of the Saber Focus program to the Secretary of 

the Air Force until 30 days after the Secretary of the Air 

Force certifies to the congressional defense committees that 

after such a transfer, the Secretary of the Air Force will provide 

intelligence, surveillance, and reconnaissance (hereinafter in 

this section referred to as ‘‘ISR’’) capabilities at the same or 

greater capability and capacity level as the capability or 

capacity level at which the Saber Focus program provides such 

capabilities to the area of operations concerned as of the date 

of the enactment of this Act. 

Time period. 

Certification. 

Deadline. 


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(2) CONTINUED NAVY PROVISION OF CAPABILITIES.—The Secretary of the Navy shall continue to provide Saber Focus ISR 

program capabilities at the same or greater capability and 

capacity level as the capability or capacity level at which the 

Saber Focus program provides such capabilities as of the date 

of the enactment of this Act to the area of operations concerned 

until— 

(A) the certification referred to in paragraph (1) is 

provided to the congressional defense committees; or 

(B) 30 days after the Secretary of Defense certifies 

to the congressional defense committees that the ISR 

capabilities of the Saber Focus program are no longer 

required to mitigate the ISR requirements of the combatant 

commander in the area of operations concerned. 

SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE 

DEFENSE. 

(a) REPORT.—Not later than March 31, 2011, the Secretary 

of Defense, in coordination with the Secretary of the Navy and 

the Chief of Naval Operations, shall submit to the congressional 

defense committees a report on the force structure requirements 

of the major combatant surface vessels with respect to ballistic 

missile defense. 

(b) MATTERS INCLUDED.—The report shall include the following: 

(1) An analysis of whether the requirement for sea-based 

missile defense can be accommodated by upgrading Aegis ships 

that exist as of the date of the report or by procuring additional 

combatant surface vessels. 

(2) A discussion of whether such sea-based missile defense 

will require increasing the overall number of combatant surface 

vessels beyond the requirement of 88 cruisers and destroyers 

in the 313-ship fleet plan of the Navy. 

(3) A discussion of the process for determining the number 

of Aegis ships needed by each commander of the combatant 

commands to fulfill ballistic missile defense requirements, 

including (in consultation with the Chairman of the Joints 

Chiefs of Staff) the number of such ships needed to support 

the phased, adaptive approach to ballistic missile defense in 

Europe. 

(4) A discussion of the impact of Aegis Ashore missile 

defense deployments, as well as deployment of other elements 

of the ballistic missile defense system, on Aegis ballistic missile 

defense ship force structure requirements. 

(5) A discussion of the potential effect of ballistic missile 

defense operations on the ability of the Navy to meet surface 

fleet demands in each geographic area and for each mission 

set. 

(6) An evaluation of how the Aegis ballistic missile defense 

program can succeed as part of a balanced fleet of adequate 

size and strength to meet the security needs of the United 

States. 

(7) A description of both the shortfalls and the benefits 

of expected technological advancements in the sea-based missile 

defense program. 

(8) A description of the anticipated plan for deployment 

of Aegis ballistic missile defense ships within the context of 

the fleet response plan. 

Time period. 

Certification. 

Certification. 


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SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A–18 AIRCRAFT 

BY THE DEPARTMENT OF THE NAVY. 

(a) COST-BENEFIT ANALYSIS OF SERVICE LIFE EXTENSION OF

F/A–18 AIRCRAFT.—Before the Secretary of the Navy may enter 

into a program to extend the service life of F/A–18 aircraft beyond 

8,600 hours, the Secretary shall— 

(1) conduct a cost-benefit analysis, in accordance with Office 

of Management and Budget Circular A–94, comparing 

extending the service life of existing F/A–18 aircraft with procuring additional F/A–18E or F/A–18F aircraft as a means 

of managing the shortfall of the Department of the Navy in 

strike fighter aircraft; and 

(2) submit to the congressional defense committees a report 

on such cost-benefit analysis. 

(b) ELEMENTS OF COST-BENEFIT ANALYSIS.—The cost-benefit 

analysis required by subsection (a)(1) shall include the following: 

(1) An estimate of the full costs, over the period covered 

by the future-years defense program submitted to Congress 

under section 221 of title 10, United States Code, with the 

budget of the President, of extending legacy F/A–18 aircraft 

beyond 8,600 hours, including— 

(A) any increases in operation and maintenance costs 

associated with operating such aircraft beyond a service 

life of 8,600 hours; and 

(B) the costs with respect to the airframe, avionics, 

software, and aircraft subsystems and components required 

to remain relevant in countering future threats and 

meeting the warfighting requirements of the commanders 

of the combatant commands. 

(2) An estimate of the full costs, over the period covered 

by such future-years defense program, of procuring such additional F/A–18E or F/A–18F aircraft as would be required to 

meet the strike fighter requirements of the Department of 

the Navy in the event the service life of legacy F/A–18 aircraft 

is not extended beyond 8,600 hours. 

(3) An assessment of risks associated with extending the 

service life of legacy F/A–18 aircraft beyond 8,600 hours, 

including the level of certainty that the Secretary will be able 

to achieve such an extension. 

(4) An estimate of the cost-per-flight hour incurred in operating legacy F/A–18 aircraft with a service life extended beyond 

8,600 hours. 

(5) An estimate of the cost-per-flight hour incurred for 

operating new F/A–18E or FA–18F aircraft. 

(6) An assessment of any alternatives to extending the 

service life of legacy F/A–18 aircraft beyond 8,600 hours or 

buying additional F/A–18E or F/A–18F aircraft that may be 

available to the Secretary to manage the shortfall of the Department of the Navy in strike fighter aircraft. 

(c) ADDITIONAL ELEMENTS OF REPORT.—In addition to the 

information required in the cost-benefit analysis under subsection 

(b), the report under subsection (a)(2) shall include an assessment 

of the following: 

(1) Differences in capabilities of— 

(A) legacy F/A–18 aircraft that have undergone servicelife extension; 

(B) F/A–18E or F/A–18F aircraft; and 


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(C) F–35C aircraft. 

(2) Differences in capabilities that would result under the 

legacy F/A–18 aircraft service-life extension program if such 

program would— 

(A) provide only airframe-life extensions to the legacy 

F/A–18 aircraft fleet; and 

(B) provide for airframe-life extensions and capability 

upgrades to the legacy F/A–18 aircraft fleet. 

(3) Any disruption that procuring additional F/A–18E or 

F/A–18F aircraft, rather than extending the service life of legacy 

F/A–18 aircraft beyond 8,600 hours, would have on the plan 

of the Navy to procure operational carrier-variant Joint Strike 

Fighter aircraft. 

(4) Any changes that procuring additional F/A–18E or FA– 

18F aircraft, rather than extending the service life of legacy 

F/A–18 aircraft beyond 8600 hours, would have on the force 

structure or force mix intended by the Navy for its carrier 

air wings. 

(5) Any other operational implication of extending (or not 

extending) the service life of legacy F/A–18 aircraft that the 

Secretary considers appropriate. 

(d) REPORT ON OPERATIONAL F/A–18 AIRCRAFT SQUADRONS.— 

Before reducing the number of F/A–18 aircraft in an operational 

squadron of the Navy or Marine Corps, the Secretary shall submit 

to the congressional defense committees a report that discusses 

the operational risks and impacts of reducing the squadron size. 

The report shall include an assessment of the following: 

(1) The effect of the reduction on the operational capability 

and readiness of the Navy and the Marine Corps to conduct 

overseas contingency operations. 

(2) The effect of the reduction on the capability of the 

Navy and the Marine Corps to meet ongoing operational 

demands. 

(3) Any mechanisms the Secretary intends to use to mitigate any risks associated with the squadron size reduction. 

(4) The effect of the reduction on pilots and ground support 

crews of F/A–18 aircraft, in terms of training, readiness, and 

war fighting capabilities. 

(e) REPORT ON F/A–18 AIRCRAFT TRAINING SQUADRONS.—Before 

reducing the size of an F/A–18 aircraft training squadron, or 

transferring an F/A–18 training aircraft for operational needs, the 

Secretary shall submit to the congressional defense committees 

a report that describes— 

(1) any risks to sustaining required training of F/A–18 

aircraft pilots with a reduced training aircraft base; and 

(2) any actions the Navy is taking to mitigate the risks 

described under paragraph (1). 

Subtitle C—Joint and Multiservice Matters 

SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2011 for biometrics programs and operations, not more than 85 percent may be obligated 

or expended until— 


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(1) the Secretary of Defense submits to the congressional 

defense committees a report on the actions taken and planned 

to be taken— 

(A) to implement subparagraphs (A) through (F) of 

paragraph (16) of the National Security Presidential Directive dated June 5, 2008 (NSPD–59); 

(B) to implement the recommendations of the Comptroller General of the United States included in the report 

of the Comptroller General numbered GAO–08–1065 dated 

September 2008; 

(C) to implement the recommendations of the Comptroller General included in the report of the Comptroller 

General numbered GAO–09–49 dated October 2008; 

(D) to fully and completely characterize the current 

biometrics architecture and establish the objective architecture for the Department of Defense; 

(E) to ensure that an official of the Office of the Secretary of Defense has the authority necessary to be responsible for ensuring that all funding for biometrics programs 

and operations is programmed, budgeted, and executed; 

and 

(F) to ensure that an officer within the Office of the 

Joint Chiefs of Staff has the authority necessary to be 

responsible for ensuring the development and implementation of common and interoperable standards for the collection, storage, and use of biometrics data by all commanders 

of the combatant commands and their commands; and 

(2) a period of 30 days has elapsed after the date on 

which the report is submitted under paragraph (1). 

SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F–35 

JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. 

(a) SYSTEM MANAGEMENT PLAN.— 

(1) PLAN REQUIRED.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish a management plan for 

the F–35 Joint Strike Fighter aircraft program under which 

decisions to commit to specified levels of production are linked 

to progress in meeting specified program milestones, including 

design, manufacturing, testing, and fielding milestones for critical system maturity elements. 

(2) NATURE OF PLAN.—The plan under paragraph (1) shall 

align technical progress milestones with acquisition milestones 

in a system maturity matrix. The matrix shall provide criteria 

and conditions for comparing expected levels of demonstrated 

system maturity with annual production commitments, starting 

with the fiscal year 2012 production program, and continuing 

over the remaining life of the system development and demonstration program. The matrix and criteria shall include elements such as the following: 

(A) Manufacturing maturity, including on-time deliveries, manufacturing process control, quality rates, and 

labor efficiency rates. 

(B) Engineering maturity, including metrics for the 

number of new design actions and number of design 

changes in a given period. 

Reports. 


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(C) Performance and testing progress, including test 

points, hours and flights accomplished, capabilities demonstrated, key performance parameters, and attributes 

demonstrated. 

(D) Mission effectiveness and system reliability, 

including operational effectiveness and reliability growth. 

(E) Training, fielding, and deployment status. 

(b) REPORTS TO CONGRESS.— (1) INITIAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary shall submit to 

the congressional defense committees a report setting forth 

the plan required by subsection (a). The report shall include— 

(A) the proposed system maturity matrix described 

in subsection (a)(2), including a description, for each element specified in the matrix under subsection (a)(2), of 

the criteria and milestones to be used in evaluating actual 

program performance against planned performance for each 

annual production commitment; and 

(B) a description of the actions to be taken to implement the plan. 

(2) UPDATES.—The Secretary shall submit to Congress, at 

or about the same time as the submittal to Congress of the 

budget of the President for any fiscal year after fiscal year 

2012 (as submitted pursuant to section 1105(a) of title 31, 

United States Code), any modification to the plan required 

by subsection (a) that was made during the preceding calendar 

year, including a rationale for each such modification. 

(c) REPORT ON CAPABILITIES OF MARINE CORPS VARIANT OF

F–35 FIGHTER AIRCRAFT AT INITIAL OPERATING CAPABILITY.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary shall submit to 

the congressional defense committees a report on the expected 

capabilities of the F–35B Joint Strike Fighter aircraft at the 

time when the Marine Corps plans to declare Initial Operating 

Capability for the F–35B Joint Strike Fighter aircraft. The 

report shall be prepared in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(2) ELEMENTS.—The report under paragraph (1) shall 

including a description of the following with respect to the 

F–35B Joint Strike Fighter aircraft: 

(A) Performance of the aircraft and its subsystems, 

compared to key performance parameters. 

(B) Expected capability to perform Marine Corps missions. 

(C) Required maintenance and logistics standards, 

including mission capability rates. 

(D) Expected levels of crew training and performance. 

(E) Product improvements that are planned before the 

Initial Operating Capability of the aircraft to be made 

after the Initial Operating Capability of the aircraft, as 

planned in March 2010. 

SEC. 123. QUARTERLY REPORTS ON USE OF COMBAT MISSION 

REQUIREMENTS FUNDS. 

(a) QUARTERLY REPORTS REQUIRED.— (1) IN GENERAL.—Not later than 30 days after the end 

of each fiscal quarter, the commander of the United States 

10 USC 167 note. 


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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 Defensewide 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 counterimprovised explosive device initiative. 

(2) USE OF INFORMATION.—Using information contained in 

the database developed under paragraph (1), the Secretary, 

acting through the Director of the Joint Improvised Explosive 

Device Defeat Organization, shall— 

(A) identify and eliminate redundant counter-improvised explosive device initiatives; 

(B) facilitate the transition of counter-improvised explosive device initiatives from funding under the Joint Improvised Explosive Device Defeat Fund to funding provided 

by the military departments; and 

(C) notify the appropriate personnel and organizations 

prior to a counter-improvised explosive device initiative 

being funded through the Joint Improvised Explosive 

Device Defeat Fund. 

10 USC 113 note. 


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(3) COORDINATION.—In carrying out paragraph (1), the Secretary shall ensure that the Secretary of each military department coordinates and collaborates on development of the database to ensure its interoperability, completeness, consistency, 

and effectiveness. 

(b) METRICS.—The Secretary of Defense, acting through the 

Director of the Joint Improvised Explosive Device Defeat Organization, shall— 

(1) develop appropriate means to measure the effectiveness 

of counter-improvised explosive device initiatives; and 

(2) prioritize the funding of such initiatives according to 

such means. 

(c) COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVE

DEFINED.—In this section, the term ‘‘counter-improvised explosive 

device initiative’’ means any project, program, or research activity 

funded by any component of the Department of Defense that is 

intended to assist or support efforts to counter, combat, or defeat 

the use of improvised explosive devices. 

SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall enter 

into a contract with a federally funded research and development 

center to conduct a study to— 

(1) assess the effectiveness of the processes used by the 

Secretary to identify and examine the requirements for lighter 

weight body armor systems; and 

(2) determine ways in which the Secretary may more effectively address the research, development, and procurement 

requirements regarding reducing the weight of body armor. 

(b) MATTERS COVERED.—The study conducted under subsection 

(a) shall include findings and recommendations regarding the following: 

(1) The requirement for lighter weight body armor and 

personal protective equipment and the ability of the Secretary 

to meet such requirement. 

(2) Innovative design ideas for more modular body armor 

that allow for scalable protection levels for various missions 

and threats. 

(3) The need for research, development, and acquisition 

funding dedicated specifically for reducing the weight of body 

armor. 

(4) The efficiency and effectiveness of current body armor 

funding procedures and processes. 

(5) Industry concerns, capabilities, and willingness to invest 

in the development and production of lightweight body armor 

initiatives. 

(6) Barriers preventing the development of lighter weight 

body armor (including such barriers with respect to technical, 

institutional, or financial problems). 

(7) Changes to procedures or policy with respect to lightweight body armor. 

(8) Other areas of concern not previously addressed by 

equipping boards, body armor producers, or program managers. 

(c) SUBMISSION TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees a report on the study 

conducted under subsection (a). 

Deadline. 


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

(a) ANALYSIS OF FEASIBILITY REQUIRED.—The Secretary of 

Defense shall conduct an analysis of the feasibility of integrating 

solid state laser systems into the aircraft platforms specified in 

subsection (b) for purposes of permitting such aircraft to accomplish 

their missions, including to provide close air support. 

(b) AIRCRAFT.—The aircraft platforms specified in this subsection shall include, at a minimum, the following: 

(1) The C–130 aircraft. 

(2) The B–1 bomber aircraft. 

(3) The F–35 fighter aircraft. 

(c) SCOPE OF ANALYSIS.—The analysis required by subsection 

(a) shall include a determination of the following: 

(1) The estimated cost per unit of each laser system analyzed. 

(2) The estimated cost of operation and maintenance of 

each aircraft platform specified in subsection (b) in connection 

with each laser system analyzed, noting that the fidelity of 

such analysis may not be uniform for all aircraft platforms. 

SEC. 127. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE CAPACITIES. 

(a) TELESCOPE REQUIREMENTS UNDER CONTRACTS AFTER

2010.—Except as provided in subsection (b), any contract for additional commercial imaging satellite capability or capacity entered 

into by the Department of Defense after December 31, 2010, shall 

require that the imaging telescope providing such capability or 

capacity under such contract has an aperture of not less than 

1.5 meters. 

(b) WAIVER.—The Secretary of Defense may waive the limitation in subsection (a) if— 

(1) the Secretary submits to the congressional defense 

committees written certification that the waiver is in the 

national security interests of the United States; and 

(2) a period of 30 days has elapsed following the date 

on which the certification under paragraph (1) is submitted. 

(c) CONTINUATION OF CURRENT CONTRACTS.—The limitation in 

subsection (a) may not be construed to prohibit or prevent the 

Secretary of Defense from continuing or maintaining current 

commercial imaging satellite capability or capacity in orbit or under 

contract by December 31, 2010. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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. 

Time period. 

Certification. 

10 USC 2302 

note. 


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Sec. 215. Demonstration and pilot projects on cybersecurity. 

Subtitle C—Missile Defense Programs 

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

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

foreign entities. Sec. 223. Limitation on availability of funds for missile defense interceptors in Europe. Sec. 224. Medium Extended Air Defense System. 

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

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

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

Sec. 228. Independent review and assessment of the Ground-Based Midcourse Defense system. Sec. 229. Iron Dome short-range rocket defense program. 

Subtitle D—Reports 

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

Ground Combat Vehicle program. Sec. 232. Cost benefit analysis of future tank-fired munitions. 

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

Subtitle E—Other Matters 

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

participation in development of next generation semiconductor technologies. Sec. 242. Pilot program on collaborative energy security. 

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

and development of defense systems. 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $10,093,704,000. 

(2) For the Navy, $17,881,008,000. 

(3) For the Air Force, $27,319,627,000. 

(4) For Defense-wide activities, $21,292,576,000, of which 

$194,910,000 is authorized for the Director of Operational Test 

and Evaluation. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT 

OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION. 

(a) DISCHARGE OF SUPPORT THROUGH MILITARY DEPARTMENTS.—Section 2192(b) of title 10, United States Code, is 

amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The Secretary of Defense may carry out the authority 

in paragraph (1) through the Secretaries of the military departments.’’. 


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(b) PARTNERSHIP INTERMEDIARIES FOR PURPOSES OF EDUCATION

PARTNERSHIPS.—Section 2194 of such title is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) The Secretary of Defense may permit the director of a 

defense laboratory to enter into a cooperative agreement with an 

appropriate entity to act as an intermediary and assist the director 

in carrying out activities under this section.’’. 

SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED 

RESEARCH PROJECTS AGENCY FOR OPERATION OF 

NATIONAL CYBER RANGE. 

(a) PROHIBITION ON USE OF FUNDS PENDING REPORT.—Amounts 

authorized to be appropriated by this Act and available to the 

Defense Advanced Research Projects Agency may not be obligated 

or expended for the National Cyber Range established in support 

of the Comprehensive National Cybersecurity Initiative until the 

date that is 90 days after the date on which the Under Secretary 

of Defense for Acquisition, Technology, and Logistics submits to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report described in subsection (c). 

(b) LIMITATION ON USE OF FUNDS AFTER REPORT.—Commencing 

on the date that is 90 days after the date on which the Under 

Secretary submits a report described in subsection (c), amounts 

described in subsection (a) shall be available for obligation or 

expenditure only for the purposes of research and development 

activities that the Under Secretary considers appropriate for 

ensuring and assessing the functionality of the National Cyber 

Range. 

(c) REPORT.— (1) IN GENERAL.—The report described in this subsection 

is a report setting forth a plan for the transition of the National 

Cyber Range to operation and sustainment. 

(2) ELEMENTS.—The report shall include, at a minimum, 

the following: 

(A) An analysis of various potential recipients under 

the transition of the National Cyber Range. 

(B) For each recipient analyzed under subparagraph 

(A), a description of the proposed transition of the National 

Cyber Range to such recipient, including the proposed 

schedule and funding for such transition. 

(3) POTENTIAL RECIPIENTS.—The recipients analyzed in the 

report under paragraph (2)(A) shall include, at a minimum, 

the following: 

(A) A consortium for the operation and sustainment 

of the National Cyber Range as a government-owned, 

government-operated facility. 

(B) A consortium for the operation and sustainment 

of the National Cyber Range as a government-owned, contractor-operated facility. 

SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH 

AND DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE. 

In the budget materials submitted to the President by the 

Secretary of Defense in connection with the submission to Congress, 

pursuant to section 1105 of title 31, United States Code, of the 

budget for fiscal year 2012, and each subsequent fiscal year, the 

10 USC 221 note. 

Time period. 

Time period. 


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Secretary shall ensure that within each research, development, 

test, and evaluation account of the Army and the Navy a separate, 

dedicated program element is assigned to the Joint Light Tactical 

Vehicle. 

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

VEHICLE SYSTEMS, AND COMPONENTS. 

(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry 

out a program for research and development on, and deployment 

of, advanced technology ground vehicles, ground vehicle systems, 

and components within the Department of Defense. 

(b) GOALS AND OBJECTIVES.—The goals and objectives of the 

program authorized by subsection (a) are as follows: 

(1) To identify and support technological advances that 

are necessary for the development of advanced technologies 

for use in ground vehicles of types to be used by the Department 

of Defense. 

(2) To procure and deploy significant quantities of advanced 

technology ground vehicles for use by the Department. 

(3) To maximize the leverage of Federal and nongovernment funds used for the development and deployment of 

advanced technology ground vehicles, ground vehicle systems, 

and components. 

(c) ELEMENTS OF PROGRAM.—The program authorized by subsection (a) may include— 

(1) enhanced research and development activities for 

advanced technology ground vehicles, ground vehicle systems, 

and components, including— 

(A) increased investments in research and development 

of batteries, advanced materials, power electronics, fuel 

cells and fuel cell systems, hybrid systems, and advanced 

engines; 

(B) pilot projects for the demonstration of advanced 

technologies in ground vehicles for use by the Department 

of Defense; and 

(C) the establishment of public-private partnerships, 

including research centers, manufacturing and prototyping 

facilities, and test beds, to speed the development, deployment, and transition to use of advanced technology ground 

vehicles, ground vehicle systems, and components; and 

(2) enhanced activities to procure and deploy advanced 

technology ground vehicles in the Department, including— 

(A) preferences for the purchase of advanced technology 

ground vehicles; 

(B) the use of authorities available to the Secretary 

of Defense to stimulate the development and production 

of advanced technology systems and ground vehicles 

through purchases, loan guarantees, and other mechanisms; 

(C) pilot programs to demonstrate advanced technology 

ground vehicles and associated infrastructure at select 

defense installations; 

(D) metrics to evaluate environmental and other benefits, life cycle costs, and greenhouse gas emissions associated with the deployment of advanced technology ground 

vehicles; and 

10 USC 2358 

note. 


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(E) schedules and objectives for the conversion of the 

ground vehicle fleet of the Department to advanced technology ground vehicles. 

(d) COOPERATION WITH INDUSTRY AND ACADEMIA.— (1) IN GENERAL.—The Secretary may carry out the program 

authorized by subsection (a) through partnerships and other 

cooperative agreements with private sector entities, including— 

(A) universities and other academic institutions; 

(B) companies in the automobile and truck manufacturing industry; 

(C) companies that supply systems and components 

to the automobile and truck manufacturing industry; and 

(D) any other companies or private sector entities that 

the Secretary considers appropriate. 

(2) NATURE OF COOPERATION.—The Secretary shall ensure 

that any partnership or cooperative agreement under paragraph 

(1) provides for private sector participants to collectively contribute, in cash or in kind, not less than one-half of the total 

cost of the activities carried out under such partnership or 

cooperative agreement. 

(e) COORDINATION WITH OTHER FEDERAL AGENCIES.—The program authorized by subsection (a) shall be carried out, to the 

maximum extent practicable, in coordination with the Department 

of Energy and other appropriate departments and agencies of the 

Federal Government. 

SEC. 215. DEMONSTRATION AND PILOT PROJECTS ON CYBERSECURITY. 

(a) DEMONSTRATION PROJECTS ON PROCESSES FOR APPLICATION

OF COMMERCIAL TECHNOLOGIES TO CYBERSECURITY REQUIREMENTS.— 

(1) PROJECTS REQUIRED.—The Secretary of Defense and 

the Secretaries of the military departments shall jointly carry 

out demonstration projects to assess the feasibility and advisability of using various business models and processes to rapidly 

and effectively identify innovative commercial technologies and 

apply such technologies to Department of Defense and other 

cybersecurity requirements. 

(2) SCOPE OF PROJECTS.—Any demonstration project under 

paragraph (1) shall be carried out in such a manner as to 

contribute to the cyber policy review of the President and 

the Comprehensive National Cybersecurity Initiative. 

(b) PILOT PROGRAMS ON CYBERSECURITY REQUIRED.—The Secretary of Defense shall support or conduct pilot programs on cybersecurity with respect to the following areas: 

(1) Threat sensing and warning for information networks 

worldwide. 

(2) Managed security services for cybersecurity within the 

defense industrial base, military departments, and combatant 

commands. 

(3) Use of private processes and infrastructure to address 

threats, problems, vulnerabilities, or opportunities in cybersecurity. 

(4) Processes for securing the global supply chain. 

(5) Processes for threat sensing and security of cloud computing infrastructure. 

(c) REPORTS.— 

10 USC 2225 

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(1) REPORTS REQUIRED.—Not later than 240 days after 

the date of the enactment of this Act, and annually thereafter 

at or about the time of the submittal to Congress of the budget 

of the President for a fiscal year (as submitted pursuant to 

section 1105(a) of title 31, United States Code), the Secretary 

of Defense shall, in coordination with the Secretary of Homeland Security, submit to Congress a report on any demonstration projects carried out under subsection (a), and on the pilot 

projects carried out under subsection (b), during the preceding 

year. 

(2) ELEMENTS.—Each report under this subsection shall 

include the following: 

(A) A description and assessment of any activities 

under the demonstration projects and pilot projects referred 

to in paragraph (1) during the preceding year. 

(B) For the pilot projects supported or conducted under 

subsection (b)(2)— 

(i) a quantitative and qualitative assessment of 

the extent to which managed security services covered 

by the pilot project could provide effective and affordable cybersecurity capabilities for components of the 

Department of Defense and for entities in the defense 

industrial base, and an assessment whether such services could be expanded rapidly to a large scale without 

exceeding the ability of the Federal Government to 

manage such expansion; and 

(ii) an assessment of whether managed security 

services are compatible with the cybersecurity strategy 

of the Department of Defense with respect to conducting an active, in-depth defense under the direction 

of United States Cyber Command. 

(C) For the pilot projects supported or conducted under 

subsection (b)(3)— 

(i) a description of any performance metrics established for purposes of the pilot project, and a description of any processes developed for purposes of accountability and governance under any partnership under 

the pilot project; and 

(ii) an assessment of the role a partnership such 

as a partnership under the pilot project would play 

in the acquisition of cyberspace capabilities by the 

Department of Defense, including a role with respect 

to the development and approval of requirements, 

approval and oversight of acquiring capabilities, test 

and evaluation of new capabilities, and budgeting for 

new capabilities. 

(D) For the pilot projects supported or conducted under 

subsection (b)(4)— 

(i) a framework and taxonomy for evaluating practices that secure the global supply chain, as well as 

practices for securely operating in an uncertain or compromised supply chain; 

(ii) an assessment of the viability of applying 

commercial practices for securing the global supply 

chain; and 


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(iii) an assessment of the viability of applying 

commercial practices for securely operating in an 

uncertain or compromised supply chain. 

(E) For the pilot projects supported or conducted under 

subsection (b)(5)— 

(i) an assessment of the capabilities of Federal 

Government providers to offer secure cloud computing 

environments; and 

(ii) an assessment of the capabilities of commercial 

providers to offer secure cloud computing environments 

to the Federal Government. 

(3) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

Subtitle C—Missile Defense Programs 

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

(a) SENSE OF CONGRESS.—It is the sense of Congress— 

(1) that the phased, adaptive approach to missile defense 

in Europe is an appropriate response to the existing ballistic 

missile threat from Iran to the European territory of North 

Atlantic Treaty Organization countries, and to potential future 

ballistic missile capabilities of Iran; 

(2) that the phased, adaptive approach to missile defense 

in Europe is not intended to, and will not, provide a missile 

defense capability relative to the ballistic missile deterrent 

forces of the Russian Federation, or diminish strategic stability 

with the Russian Federation; 

(3) to support the efforts of the United States Government 

and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense 

relative to Iranian missile threats; 

(4) that the ground-based midcourse defense system 

deployed in Alaska and California currently provides adequate 

defensive capability for the United States against currently 

anticipated future long-range ballistic missile threats from Iran, 

and this capability will be enhanced as the system is improved, 

including by the planned deployment of an AN/TPY–2 radar 

in southern Europe in 2011; 

(5) that the ground-based midcourse defense system should 

be maintained, enhanced, and adequately tested to ensure its 

operational capability through its service life; 

(6) that the United States should, as stated in its unilateral 

statement accompanying the New START Treaty, ‘‘continue 

improving and deploying its missile defense systems in order 

to defend itself against limited attack and as part of our collaborative approach to strengthening stability in key regions’’; 

(7) that, as part of this effort, the Department of Defense 

should pursue the development, testing, and deployment of 

operationally effective versions of all variants of the standard 

missile–3 for all four phases of the phased, adaptive approach 

to missile defense in Europe; 

(8) that the standard missile–3 block IIB interceptor missile 

planned for deployment in phase 4 of the phased, adaptive 

approach should be capable of addressing the potential future 

threat of intermediate-range and long-range ballistic missiles 


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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 INTERCEPTORS.—No funds authorized to be appropriated by this Act or 

otherwise made available for the Department of Defense for fiscal 

year 2011 or any fiscal year thereafter may be obligated or expended 

for site activation, construction, or deployment of missile defense 

interceptors on European land as part of the phased, adaptive 

approach to missile defense in Europe until— 

(1) any nation agreeing to host such system has signed 

and ratified a missile defense basing agreement and a status 

of forces agreement authorizing the deployment of such interceptors; and 

(2) a period of 45 days has elapsed following the date 

on which the Secretary of Defense submits to the congressional 

defense committees the report on the independent assessment 

of alternative missile defense systems in Europe required by 

section 235(c)(2) of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2235). 

(b) LIMITATION ON PROCUREMENT OR DEPLOYMENT OF INTERCEPTORS.—No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 

2011 or any fiscal year thereafter may be obligated or expended 

for the procurement (other than initial long-lead procurement) or 

deployment of operational missiles on European land as part of 

the phased, adaptive approach to missile defense in Europe until 

the Secretary of Defense, after receiving the views of the Director 

of Operational Test and Evaluation, submits to the congressional 

defense committees a report certifying that the proposed interceptor 

10 USC 2431 

note. 

Time period. 

International 

agreements. 

10 USC 2431 

note. 


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to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, 

a high probability of working in an operationally effective manner 

and that such missile defense system has the ability to accomplish 

the mission. 

(c) WAIVER.—The Secretary of Defense may waive the limitations in subsections (a) and (b) if— 

(1) the Secretary submits to the congressional defense 

committees written certification that the waiver is in the urgent 

national security interests of the United States; and 

(2) a period of seven days has elapsed following the date 

on which the certification under paragraph (1) is submitted. 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

so as to limit the obligation and expenditure of funds for any 

missile defense activities not otherwise limited by subsection (a) 

or (b), including, with respect to the planned deployments of missile 

defense interceptors on European land as part of the phased, 

adaptive approach to missile defense in Europe— 

(1) research, development, test and evaluation; 

(2) site surveys; 

(3) studies and analyses; and 

(4) site planning and design and construction design. 

(e) CONFORMING REPEAL.—Section 234 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–81; 123 

Stat. 2234) is repealed. 

SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM. 

(a) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts 

authorized to be appropriated in this title for fiscal year 2011 

for research, development, test, and evaluation, Army, of the 

amount that corresponds with budget activity five, line 117, in 

the budget 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. 

Time period. 

Reports. 

Reports. 

10 USC 2431 

note. 

10 USC 2431 

note. 

Time period. 

Certification. 

10 USC 2431 

note. 


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(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 ‘‘NunnMcCurdy Act’’). 

(C) An analysis of alternatives to the medium extended 

air defense system program and its component elements. 

(D) A description of the planned schedule and cost 

for the development, production, and deployment of the 

medium extended air defense system, including the cost 

and schedule for any variations to the baseline program 

to be fielded by the Armed Forces. 

(E) A description of the role of Germany and Italy 

in the medium extended air defense system program, 

including the role of such countries in procurement or 

production of elements of such program. 

(F) Any other matters that the Secretary of Defense 

considers appropriate. 

(c) FORM OF REPORTS.—The reports submitted under this section shall be submitted in unclassified form, but may include a 

classified annex. 

SEC. 225. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC 

MISSILE DEFENSE SYSTEM. 

(a) BASELINES REQUIRED.—The Secretary of Defense shall 

ensure that the Missile Defense Agency establishes and maintains 

an acquisition baseline for each program element of the ballistic 

missile defense system, as specified in section 223 of title 10, 

United States Code. 

(b) ELEMENTS OF BASELINES.—Each acquisition baseline 

required by subsection (a) for a program element shall include 

the following: 

(1) A comprehensive schedule for the program element, 

including— 

(A) research and development milestones; 

(B) acquisition milestones, including design reviews 

and key decision points; 

(C) key test events, including ground and flight tests 

and ballistic missile defense system tests; and 

(D) delivery and fielding schedules. 

(2) A detailed technical description of— 

(A) the capability to be developed, including hardware 

and software; 

(B) system requirements; 

(C) how the proposed capability satisfies a capability 

identified by the commanders of the combatant commands 

on a prioritized capabilities list; 

(D) key knowledge points that must be achieved to 

permit continuation of the program and to inform production and deployment decisions; and 

(E) how the Missile Defense Agency plans to improve 

the capability over time. 

(3) A cost estimate for the program element, including— 

(A) a life cycle cost estimate; 

10 USC 223 note. 


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(B) program acquisition unit costs for the program 

element; 

(C) average procurement unit costs and program 

acquisition costs for the program element; and 

(D) an identification when the program joint cost analysis requirements description document is scheduled to 

be approved. 

(4) A test baseline summarizing the comprehensive test 

program for the program element outlined in the integrated 

master test plan. 

(c) ANNUAL REPORTS ON ACQUISITION BASELINES.— (1) ANNUAL REPORTS REQUIRED.—Not later than February 

15, 2011, and annually thereafter, the Director of the Missile 

Defense Agency shall submit to the congressional defense 

committees a report on the acquisition baselines required by 

subsection (a). The first such report shall set forth the acquisition baselines, and each later report shall identify the significant changes or variances, if any, in any such baseline from 

any earlier report under this subsection. 

(2) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

(d) ANNUAL REPORTS ON MISSILE DEFENSE EXECUTIVE BOARD

ACTIVITIES.—The Director shall include in each report under subsection (c) a description of the activities of the Missile Defense 

Executive Board during the preceding fiscal year, including the 

following: 

(1) A list of each meeting of the Board during the preceding 

fiscal year. 

(2) The agenda and issues considered at each such meeting. 

(3) A description of any decisions or recommendations made 

by the Board at each such meeting. 

SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED EARLY 

WARNING WITH THE CZECH REPUBLIC. 

(a) AUTHORITY TO SUPPORT SHARED EARLY WARNING.—During 

fiscal years 2011 and 2012, the Secretary of Defense may carry 

out a program to provide a ballistic missile shared early warning 

capability for the United States and the Czech Republic. 

(b) FISCAL YEAR 2011 FUNDING AUTHORIZATION.— 

(1) Of the funds authorized to be appropriated by this 

Act or any other Act for fiscal year 2011 for Operation and 

Maintenance, Air Force, $1,700,000 may be available for the 

purposes described in subsection (a). 

(2) Of the funds authorized to be appropriated by this 

Act or any other Act for fiscal year 2011 for Other Procurement, 

Air Force, $500,000 may be available for the purposes described 

in subsection (a). 

SEC. 227. REPORT ON PHASED, ADAPTIVE APPROACH TO MISSILE 

DEFENSE IN EUROPE. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the phased, 

adaptive approach to missile defense in Europe. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A detailed explanation of— 


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(A) the analytic basis (including the analytic process 

and methodology) that led to the recommendation of the 

Secretary of Defense and the Joint Chiefs of Staff to pursue 

the phased, adaptive approach to missile defense in Europe, 

including the ability to defend deployed forces of the United 

States, allies, and partners in Europe, and the United 

States homeland, against the existing, emerging, and future 

threat from Iranian ballistic missiles in a timely and 

flexible manner; and 

(B) the planned defensive coverage of Europe provided 

by such missile defense. 

(2) A detailed explanation of the specific elements planned 

for each of the four phases of the phased, adaptive approach 

to missile defense in Europe, including schedules and parameters of planned deployments of missile defense systems at 

sea and on land, and the knowledge points or milestones that 

will be required prior to operational deployment of those elements. 

(3) A description of the factors and processes that will 

be used to determine the eventual numbers and locations of 

interceptors that will be deployed at sea and on land, and 

the concept of operations that will enable the phased, adaptive 

approach to missile defense in Europe to be operated in a 

flexible, adaptable, and survivable manner. 

(4) A description of the status of the development or production of the various elements of the phased, adaptive approach 

to missile defense in Europe, particularly the development of 

the standard missile-3, block IIA and block IIB interceptors, 

including the technical readiness levels of those systems under 

development and the plans for retiring the technical risks of 

such systems. 

(5) A description of the advances in technology that are 

expected to permit enhanced defensive capability of the phased, 

adaptive approach to missile defense in Europe, including airborne infrared sensor technology, space sensor technology, and 

enhanced battle management, command, control, and communications. 

(6) A discussion of how the phased, adaptive approach 

to missile defense in Europe will meet the operational needs 

of the commander of the United States European Command, 

and how it relates to plans to use a phased, adaptive approach 

to missile defense in other geographic regions. 

(7) An explanation of— 

(A) the views of the North Atlantic Treaty Organization 

on the phased, adaptive approach to missile defense in 

Europe; and 

(B) how such missile defense fits into the current missile defense strategy of NATO. 

(c) FORM.—The report shall be in unclassified form, but may 

include a classified annex. 

SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE 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. 


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(b) ELEMENTS.—The review and assessment required by this 

section shall address the current plans of the Department of Defense 

with respect to the following: 

(1) The force structure and inventory levels necessary for 

the ground-based midcourse defense system to achieve the 

planned capabilities of that system, including an analysis of 

costs and potential advantages of deploying additional operational ground-based interceptor missiles. 

(2) The number of ground-based interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance 

test assets), and spare missiles for the ground-based midcourse 

defense system. 

(3) The plan to maintain the operational effectiveness of 

the ground-based midcourse defense system over the course 

of its service life, including any modernization or capability 

enhancement efforts, and any sustainment efforts. 

(4) The plan for funding the development, production, 

deployment, testing, improvement, and sustainment of the 

ground-based midcourse defense system. 

(5) The plan for flight testing the ground-based midcourse 

defense system, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the 

course of its service life. 

(6) The plan for production of ground-based interceptor 

missiles necessary for operational test assets, aging and surveillance test assets, and spare missiles for the ground-based midcourse defense system. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the entity conducting the review and assessment under this section shall submit to the Secretary and the 

congressional defense committees a report containing— 

(1) the results of the review and assessment; and 

(2) any recommendations on how the Department of 

Defense may improve upon its plans to ensure the availability, 

reliability, maintainability, supportability, and improvement of 

the ground-based midcourse defense system. 

SEC. 229. 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 

Israel. 


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(2) an explanation of any plans to adjust the requirements 

of the Ground Combat Vehicle program during the technology 

development phase of such program. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(c) LIMITATION ON OBLIGATION OF FUNDS.—Of the funds authorized to be appropriated by this or any other Act for fiscal year 

2011 for research, development, test, and evaluation, Army, for 

development of the Ground Combat Vehicle, not more than 50 

percent may be obligated or expended until the date that is 30 

days after the date on which the report is submitted under subsection (a). 

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

(a) COST BENEFIT ANALYSIS REQUIRED.— (1) IN GENERAL.—The Secretary of the Army shall conduct 

a cost benefit analysis of future munitions to be fired from 

the M1 Abrams series main battle tank to determine the proper 

investment to be made in tank munitions, including beyond 

line of sight technology. 

(2) ELEMENTS.—The cost benefit analysis under paragraph 

(1) shall include— 

(A) the predicted operational performance of future 

tank-fired munitions, including those incorporating beyond 

line of sight technology, based on the relevant modeling 

and simulation of future combat scenarios of the Army, 

including a detailed analysis on the suitability of each 

munition to address the full spectrum of targets across 

the entire range of the tank (including close range, midrange, long-range, and beyond line of sight); 

(B) a detailed assessment of the projected costs to 

develop and field each tank-fired munition included in the 

analysis, including those incorporating beyond line of sight 

technology; and 

(C) a comparative analysis of each tank-fired munition 

included in the analysis, including suitability to address 

known capability gaps and overmatch against known and 

projected threats. 

(3) MUNITIONS INCLUDED.—In conducting the cost benefit 

analysis under paragraph (1), the Secretary shall include, at 

a minimum, the Mid-Range Munition, the Advanced Kinetic 

Energy round, and the Advanced Multipurpose Program. 

(b) BRIEFING.—Not later than April 15, 2011, the Secretary 

shall provide a detailed briefing to the congressional defense 

committees on the cost benefit analysis conducted under subsection 

(a). 

SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH–(XX) 

PRESIDENTIAL HELICOPTER ACQUISITION PROGRAM. 

(a) ANNUAL GAO REVIEW.—During the period beginning on 

the date of the enactment of this Act and ending on March 1, 

2013, the Comptroller General of the United States shall conduct 

an annual review of the VH–(XX) aircraft acquisition program. 

(b) ANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than March 1 of each year 

beginning in 2011 and ending in 2013, the Comptroller General 

shall submit to the congressional defense committees a report 


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on the review of the VH–(XX) aircraft acquisition program 

conducted under subsection (a). 

(2) MATTERS TO BE INCLUDED.—Each report on the review 

of the VH–(XX) aircraft acquisition program shall include the 

following: 

(A) The extent to which the program is meeting 

development and procurement cost, schedule, performance, 

and risk mitigation goals. 

(B) With respect to meeting the desired initial operational capability and full operational capability dates for 

the VH–(XX) aircraft, the progress and results of— 

(i) developmental and operational testing of the 

aircraft; and 

(ii) plans for correcting deficiencies in aircraft 

performance, operational effectiveness, reliability, suitability, and safety. 

(C) An assessment of VH–(XX) aircraft procurement 

plans, production results, and efforts to improve manufacturing efficiency and supplier performance. 

(D) An assessment of the acquisition strategy of the 

VH–(XX) aircraft, including whether such strategy is in 

compliance with acquisition management best-practices 

and the acquisition policy and regulations of the Department of Defense. 

(E) A risk assessment of the integrated master 

schedule and the test and evaluation master plan of the 

VH–(XX) aircraft as it relates to— 

(i) the probability of success; 

(ii) the funding required for such aircraft compared 

with the funding programmed; and 

(iii) development and production concurrency. 

(3) ADDITIONAL INFORMATION.—In submitting to the 

congressional defense committees the first report under paragraph (1) and a report following any changes made by the 

Secretary of the Navy to the baseline documentation of the 

VH–(XX) aircraft acquisition program, the Comptroller General 

shall include, with respect to such program, an assessment 

of the sufficiency and objectivity of— 

(A) the analysis of alternatives; 

(B) the initial capabilities document; 

(C) the capabilities development document; and 

(D) the systems requirement document. 

Subtitle E—Other Matters 

SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF 

DEPARTMENT OF DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT GENERATION SEMICONDUCTOR TECHNOLOGIES. 

(a) FINDINGS.—Congress finds the following: 

(1) The next generation of weapons systems, battlefield 

sensors, and intelligence platforms will need to be lighter, more 

agile, consume less power, and have greater computational 

power, which can be achieved by decreasing the feature size 

of integrated circuits to the nanometer scale. 


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(2) There is a growing concern in the Department of 

Defense and the United States intelligence community over 

the offshore shift in development and production of high 

capacity semiconductors. Greater reliance on providers of semiconductors in the United States high technology industry would 

help mitigate the security risks of such an offshore shift. 

(3) The development of new manufacturing technologies 

is recognized in the semiconductor industry as critical to the 

development of the next generation of integrated circuits. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should pursue research and development capabilities to take the lead in developing and producing 

the next generation of integrated circuits; and 

(2) the Department of Defense should continue to work 

with industry and academia in pursuing the research and 

development of advanced manufacturing techniques in support 

of the development of the next generation of integrated circuits 

needed for the requirements and specialized applications of 

the Department of Defense. 

SEC. 242. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY. 

(a) PILOT PROGRAM.—The Secretary of Defense, in coordination 

with the Secretary of Energy, may carry out a collaborative energy 

security pilot program involving one or more partnerships between 

one military installation and one national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment. 

(b) SELECTION OF MILITARY INSTALLATION AND NATIONAL LABORATORY.—If the Secretary of Defense carries out a pilot program 

under this section, the Secretary of Defense and the Secretary 

of Energy shall jointly select a military installation and a national 

laboratory for the purpose of carrying out the pilot program. In 

making such selections, the Secretaries shall consider each of the 

following: 

(1) A commitment to participate made by a military 

installation being considered for selection. 

(2) The findings and recommendations of relevant energy 

security assessments of military installations being considered 

for selection. 

(3) The availability of renewable energy sources at a military installation being considered for selection. 

(4) Potential synergies between the expertise and capabilities of a national laboratory 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 

10 USC 2911 

note. 


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Department of Energy and other offices and agencies within 

the Department of Energy, as appropriate, and the Environmental Security Technical Certification Program of the Department of Defense. 

(3) Under the pilot program, the Secretary of Defense shall 

investigate opportunities for any excess electricity created for 

the military installation to be sold or otherwise made available 

to the local community near the installation. 

(4) The Secretary of Defense shall use the results of the 

pilot program as the basis for informing key performance 

parameters and validating energy components and designs that 

could be implemented in various military installations across 

the country and at forward operating bases. 

(5) The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies. 

(d) IMPLEMENTATION AND DURATION.—If the Secretary of 

Defense carries out a pilot program under this section, such pilot 

program shall begin by not later than July 1, 2011, and shall 

be not less than three years in duration. 

(e) REPORTS.— 

(1) INITIAL REPORT.—If the Secretary of Defense carries 

out a pilot program under this section, the Secretary shall 

submit to the appropriate congressional committees by not later 

than October 1, 2011, an initial report that provides an update 

on the implementation of the pilot program, including an identification of the selected military installation and national laboratory partner and a description of technologies under evaluation. 

(2) FINAL REPORT.—Not later than 90 days after completion 

of a pilot program under this section, the Secretary shall submit 

to the appropriate congressional committees a report on the 

pilot program, including any findings and recommendations 

of the Secretary. 

(f) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Energy and Commerce, and the Committee on Science 

and Technology of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Energy and Natural Resources, and the Committee on 

Commerce, Science, and Transportation of the Senate. 

(2) The term ‘‘microgrid’’ means an integrated energy 

system consisting of interconnected loads and distributed 

energy resources (including generators, energy storage devices, 

and smart controls) that can operate with the utility grid or 

in an intentional islanding mode. 

(3) The term ‘‘national laboratory’’ means— 

(A) a national laboratory (as defined in section 2 of 

the Energy Policy Act of 2005 (42 U.S.C. 15801)); or 

(B) a national security laboratory (as defined in section 

3281 of the National Nuclear Security Administration Act 

(50 U.S.C. 2471)). 

Deadline. 


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SEC. 243. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION 

FEATURES DURING RESEARCH AND DEVELOPMENT OF 

DEFENSE SYSTEMS. 

(a) PILOT PROGRAM.—The Secretary of Defense shall carry out 

a pilot program to develop and incorporate technology protection 

features in a designated system during the research and development phase of such system. 

(b) ANNUAL REPORTS.—Not later than December 31 of each 

year in which the Secretary carries out the pilot program established under this section, the Secretary shall submit to the congressional defense committees a report on the pilot program, including 

a list of each designated system included in the program. 

(c) TERMINATION.—The pilot program established under this 

section shall terminate on October 1, 2015. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘designated system’’ means any system 

(including a major system, as defined in section 2302(5) of 

title 10, United States Code) that the Under Secretary of 

Defense for Acquisition, Technology, and Logistics designates 

as being included in the pilot program established under this 

section. 

(2) The term ‘‘technology protection features’’ means the 

technical modifications necessary to protect critical program 

information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

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

connection with the Twin Cities Army Ammunition Plant, Minnesota. 

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

connection with Naval Air Station, Brunswick, Maine. 

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

at Camp Lejeune, North Carolina. 

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

Subtitle C—Workplace and Depot Issues 

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. 

10 USC 2358 

note. 


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

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

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

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

Subtitle F—Other Matters 

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

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

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

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

authority to facilitate performance of certain Department of Defense 

functions by civilian employees. 

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

household goods in limited cases not covered by carrier liability. 

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

Sec. 356. Operational readiness models. 

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

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

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $33,921,165,000. 

(2) For the Navy, $38,232,943,000. 

(3) For the Marine Corps, $5,590,340,000. 

(4) For the Air Force, $36,822,516,000. 

(5) For Defense-wide activities, $30,562,619,000. 

(6) For the Army Reserve, $2,879,077,000. 

(7) For the Naval Reserve, $1,367,764,000. 

(8) For the Marine Corps Reserve, $285,234,000. 

(9) For the Air Force Reserve, $3,403,827,000. 

(10) For the Army National Guard, $6,621,704,000. 

(11) For the Air National Guard, $6,042,239,000. 

(12) For the United States Court of Appeals for the Armed 

Forces, $14,068,000. 

(13) For the Acquisition Development Workforce Fund, 

$217,561,000. 

(14) For Environmental Restoration, Army, $444,581,000. 

(15) For Environmental Restoration, Navy, $304,867,000. 

(16) For Environmental Restoration, Air Force, 

$502,653,000. 

(17) For Environmental Restoration, Defense-wide, 

$10,744,000. 

(18) For Environmental Restoration, Formerly Used 

Defense Sites, $296,546,000. 

(19) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $108,032,000. 

(20) For Cooperative Threat Reduction programs, 

$522,512,000. 


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124 STAT. 4180 PUBLIC LAW 111–383—JAN. 7, 2011 

Subtitle B—Energy and Environmental 

Provisions 

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION 

AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 

TWIN CITIES ARMY AMMUNITION PLANT, MINNESOTA. 

(a) AUTHORITY TO REIMBURSE.— 

(1) TRANSFER AMOUNT.—Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United 

States Code, the Secretary of Defense may transfer not more 

than $5,611,670.67 in fiscal year 2011 to the Hazardous Substance Superfund. 

(2) PURPOSE OF REIMBURSEMENT.—The amount authorized 

to be transferred under paragraph (1) is to reimburse the 

Environmental Protection Agency for costs the Agency incurred 

relating to the response actions performed at the Twin Cities 

Army Ammunition Plant, Minnesota. 

(3) INTERAGENCY AGREEMENT.—The reimbursement 

described in paragraph (2) is intended to satisfy certain terms 

of the interagency agreement entered into by the Department 

of the Army and the Environmental Protection Agency for 

the Twin Cities Army Ammunition Plant that took effect in 

December 1987 and that provided for the recovery of expenses 

by the Agency from the Department of the Army. 

(b) SOURCE OF FUNDS.—The transfer of funds authorized in 

subsection (a) shall be made using funds authorized to be appropriated for fiscal year 2011 for operation and maintenance for 

Environmental Restoration, Army. 

SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 

STIPULATED PENALTIES IN CONNECTION WITH NAVAL AIR 

STATION, BRUNSWICK, MAINE. 

(a) AUTHORITY TO TRANSFER FUNDS.—From amounts authorized 

to be appropriated for fiscal year 2011 for the Department of 

Defense Base Closure Account 2005, and notwithstanding section 

2215 of title 10, United States Code, the Secretary of Defense 

may transfer an amount of not more than $153,000 to the Hazardous Substance Superfund established under subchapter A of 

chapter 98 of the Internal Revenue Code of 1986. 

(b) PURPOSE OF TRANSFER.—The purpose of a transfer made 

under subsection (a) is to satisfy a stipulated penalty assessed 

by the Environmental Protection Agency on June 12, 2008, against 

Naval Air Station, Brunswick, Maine, for the failure of the Navy 

to sample certain monitoring wells in a timely manner pursuant 

to a schedule included in the Federal facility agreement for Naval 

Air Station, Brunswick, which was entered into by the Secretary 

of the Navy and the Administrator of the Environmental Protection 

Agency on October 19, 1990. 

(c) ACCEPTANCE OF PAYMENT.—If the Secretary of Defense 

makes a transfer authorized under subsection (a), the Administrator 

of the Environmental Protection Agency shall accept the amount 

transferred as payment in full of the penalty referred to in subsection (b). 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4181 

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

CAROLINA. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Department of the Navy and the Agency for Toxic 

Substances and Disease Registry (hereinafter in this section 

referred to as ‘‘ATSDR’’) have been working together for almost 

two decades to identify the possible effects of exposure to 

contaminated drinking water at Camp Lejeune, North Carolina. 

(2) Multiple studies have been conducted, and are being 

conducted, which require significant amounts of data and 

historical documentation, requiring the Department of the Navy 

and ATSDR to have close collaboration and open access to 

information. 

(3) In June 2010, the Department of the Navy and ATSDR 

established the Camp Lejeune Data Mining Technical 

Workgroup to identify and inventory information and data relevant to the ongoing scientific research. 

(b) REQUIREMENTS.— 

(1) ATSDR ACCESS TO DATA.—By not later than 90 days 

after the date of the enactment of this Act, the Secretary 

of the Navy shall ensure that the inventory created by the 

Camp Lejeune Data Mining Technical Workgroup is accurate 

and complete and that ATSDR has full access to all of the 

documents and data listed therein as needed. 

(2) AVAILABILITY OF NEW AND NEWLY DISCOVERED DOCUMENTS.—If after the date of enactment of this Act the Secretary 

of the Navy generates any new document, record, or electronic 

data, or comes into possession of any existing document, record, 

or electronic data not previously provided in the Camp Lejeune 

Data Mining Technical Workgroup, the Secretary of the Navy 

shall make such information immediately available to ATSDR 

with an electronic inventory incorporating the newly located 

or generated document, record, or electronic data. 

(3) LIMITATION ON ADJUDICATION OF CLAIMS.—None of the 

funds authorized to be appropriated by this Act for fiscal year 

2011 may be used to adjudicate any administrative claim filed 

with the Department of the Navy regarding water contamination at Camp Lejeune, North Carolina, until at least 45 days 

after the date on which the Secretary of the Navy notifies 

the Committees on Armed Services of the Senate and House 

of Representatives of the intention of the Secretary to adjudicate the claim. 

SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILITARY 

ENVIRONMENTAL EXPOSURES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) There have been various reports of the exposure of 

current and former members of the Armed Forces, their dependents, and civilian employees to environmental hazards while 

living and working on military installations. 

(2) There is the need to better understand existing Department of Defense policies and procedures for addressing possible 

environmental exposures at military installations, determining 

any correlation between such an exposure and a subsequent 

health condition, and handling claims and potential compensation. 

Deadline. 

Notification. 

Deadline. 


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124 STAT. 4182 PUBLIC LAW 111–383—JAN. 7, 2011 

(3) While many of these possible exposures have been 

studied and evaluated, the extent to which those exposures 

caused or contributed to the short- and long-term health conditions of current and former members of the Armed Forces, 

their dependents, and civilian employees remains largely 

unknown. 

(4) As for these possible exposures and the link between 

the exposure and subsequent health conditions, there may be 

better ways for the Federal Government to evaluate, address 

and, as warranted, provide health benefits or possible compensation as a remedy to these potential exposures. 

(b) COMPTROLLER GENERAL ASSESSMENT REQUIRED.—The 

Comptroller General of the United States shall carry out an assessment of possible exposures to environmental hazards on military 

installations that includes the following: 

(1) An identification of the policies and processes by which 

the Department of Defense and the military departments 

respond to environmental hazards on military installations and 

possible exposures and determine if there is a standard framework. 

(2) An identification of the existing processes available 

to current and former members of the Armed Forces, their 

dependents, and civilian employees to seek compensation and 

health benefits for exposures to environmental hazards on military installations. 

(3) A comparison of the processes identified under paragraph (2) with other potential options or methods for providing 

health benefits or compensation to individuals for injuries that 

may have resulted from environmental hazards on military 

installations. 

(4) An examination of what is known about the advantages 

and disadvantages of other potential options or methods as 

well as any shortfalls in the current processes. 

(5) Recommendations for any administrative or legislative 

action that the Comptroller General deems appropriate in the 

context of the assessment. 

(c) REPORT.—Not later than January 1, 2012, the Comptroller 

General shall submit to the Chairmen and Ranking Members of 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the findings and recommendations, 

as appropriate, of the Comptroller General with respect to the 

assessment conducted under subsection (b). 

(d) COORDINATION.—In carrying out subsection (b), the Comptroller General shall receive comments from the Secretary of 

Defense and others, as appropriate. 

(e) CONSTRUCTION.—Nothing in this section shall be interpreted 

to impede, encroach, or delay— 

(1) any studies, reviews, or assessments of any actual or 

potential environmental exposures at any military installation, 

including the studies included in the Agency for Toxic Substances and Disease Registry’s Annual Plan of Work regarding 

the water contamination at Camp Lejeune, North Carolina; 

(2) the Agency for Toxic Substances and Disease Registry’s 

statutory obligations, including its obligations under the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding Superfund sites; or 

Comments. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4183 

(3) the remediation of any environmental contamination 

or hazard at any military installation. 

(f) MILITARY INSTALLATION DEFINED.—In this section, the term 

‘‘military installation’’ has the meaning given that term in section 

2801(c)(4) of title 10, United States Code. 

Subtitle C—Workplace and Depot Issues 

SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE 

CONTRACT INVENTORY. 

Section 2330a(c) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); 

(2) in paragraph (1), in the matter preceding subparagraph 

(A)— 

(A) by striking the second sentence; 

(B) by inserting after the first sentence the following 

new sentence: ‘‘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 

full-time equivalents for direct labor, using direct labor hours 

and associated cost data collected from contractors (except that 

estimates may be used where such data is not available and 

cannot reasonably be made available in a timely manner for 

the purpose of the inventory).’’. 

Guidance. 

Guidance. 

Guidance. 


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124 STAT. 4184 PUBLIC LAW 111–383—JAN. 7, 2011 

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

Section 346 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 

Stat. 1979; 10 U.S.C. 2464 note) is repealed. 

SEC. 323. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR 

CONVERSION OF FUNCTIONS TO PERFORMANCE BY 

DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 

(a) PROHIBITION.—The Secretary of Defense may not establish, 

apply, or enforce any numerical goal, target, or quota for the conversion of Department of Defense functions to performance by Department of Defense civilian employees, unless such goal, target, or 

quota is based on considered research and analysis, as required 

by section 235, 2330a, or 2463 of title 10, United States Code. 

(b) DECISIONS TO INSOURCE.—In deciding which functions 

should be converted to performance by Department of Defense 

civilian employees pursuant to section 2463 of title 10, United 

States Code, the Secretary of Defense shall use the costing methodology outlined in the Directive-Type Memorandum 09–007 (Estimating and Comparing the Full Costs of Civilian and Military 

Manpower and Contractor Support) or any successor guidance for 

the determination of costs when costs are the sole basis for the 

decision. The Secretary of a military department may issue supplemental guidance to assist in such decisions affecting functions of 

that military department. 

(c) REPORTS.— 

(1) REPORT TO CONGRESS.—Not later than March 31, 2011, 

the Secretary of Defense shall submit to the congressional 

defense committees a report on the decisions with respect to 

the conversion of functions to performance by Department of 

Defense civilian employees made during fiscal year 2010. Such 

report shall identify, for each such decision— 

(A) the agency or service of the Department involved 

in the decision; 

(B) the basis and rationale for the decision; and 

(C) the number of contractor employees whose functions were converted to performance by Department of 

Defense civilian employees. 

(2) COMPTROLLER GENERAL REVIEW.—Not later than 120 

days after the submittal of the report under paragraph (1), 

the Comptroller General of the United States shall submit 

to the congressional defense committees an assessment of the 

report. 

(d) CONSTRUCTION.—Nothing in this section shall be construed— 

(1) to preclude the Secretary of Defense from establishing, 

applying, and enforcing goals for the conversion of acquisition 

functions and other critical functions to performance by Department of Defense civilian employees, where such goals are based 

on considered research and analysis; or 

(2) to require the Secretary of Defense to conduct a cost 

comparison before making a decision to convert any acquisition 

function or other critical function to performance by Department of Defense civilian employees, where factors other than 

cost serve as a basis for the Secretary’s decision. 

10 USC 2463 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4185 

Subtitle D—Reports 

SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO 

CORROSION PREVENTION PROJECTS AND ACTIVITIES. 

Section 2228(e) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C), by striking ‘‘The’’ and 

inserting ‘‘For the fiscal year covered by the report and 

the preceding fiscal year, the’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(E) For the fiscal year covered by the report and the 

preceding fiscal year, the amount of funds requested in the 

budget for each project or activity described in subsection (d) 

compared to the funding requirements for the project or 

activity.’’; 

(2) in paragraph (2)(B), by inserting before the period at 

the end the following: ‘‘, including the annex to the report 

described in paragraph (3)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) Each report under this section shall include, in an annex 

to the report, a copy of the annual corrosion report most recently 

submitted by the corrosion control and prevention executive of 

each military department under section 903(b)(5) of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4567; 10 U.S.C. 2228 note).’’. 

SEC. 332. MODIFICATION AND REPEAL OF CERTAIN REPORTING 

REQUIREMENTS. 

(a) PRIORITIZATION OF FUNDS.—Subsection (a) of section 323 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (10 U.S.C. 229 note) is amended— 

(1) in paragraph (1), by striking ‘‘the global war on terrorism’’ and inserting ‘‘overseas contingency operations’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘units transforming to modularity’’ and inserting ‘‘modular units’’; and 

(B) in subparagraph (B), by striking ‘‘2012’’ and 

inserting ‘‘2015’’. 

(b) BUDGET INFORMATION.—Subsection (b) of such section is 

amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘the global war on terrorism’’ and 

inserting ‘‘overseas contingency operations’’; and 

(ii) by inserting ‘‘and’’ at the end; 

(B) in subparagraph (B)— 

(i) in clause (i), by striking ‘‘units transforming 

to modularity’’ and inserting ‘‘modular units’’; and 

(ii) by striking ‘‘; and’’ at the end and inserting 

a period; and 

(C) by striking subparagraph (C); and 

(2) by striking paragraph (3). 

(c) ANNUAL REPORT ON ARMY PROGRESS.—Subsection (c) of 

such section is amended— 


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124 STAT. 4186 PUBLIC LAW 111–383—JAN. 7, 2011 

(1) by striking paragraphs (1), (2), (3), (4), (5), (6), and 

(7); 

(2) by redesignating paragraphs (8) and (9) as subparagraphs (D) and (F), respectively; 

(3) by submitting ‘‘(1)’’ before ‘‘On the date’’; 

(4) in paragraph (1), as designated by paragraph (3) of 

this subsection, by striking ‘‘in meeting’’ and all that follows 

through ‘‘shall be itemized’’ and inserting ‘‘in fulfilling the 

key enabler equipment requirements of modular units and in 

repairing, recapitalizing, and replacing equipment and materiel 

used in support of overseas contingency operations underway 

as of the date of such report, and associated sustainment. 

Any information included in the report shall be itemized’’; 

(5) by striking ‘‘Each such report’’ and all that follows 

through the colon and inserting the following: 

‘‘(2) Each such report shall include the following: 

‘‘(A) An assessment of the key enabler equipment and 

personnel of the Army, including— 

‘‘(i) a comparison of— 

‘‘(I) the authorized level of key enabler equipment; 

‘‘(II) the level of key enabler equipment on hand; 

and 

‘‘(III) the planned purchases of key enabler equipment as set forth in the future-years defense program 

submitted with the budget for such fiscal year; 

‘‘(ii) a comparison of the authorized and actual personnel levels for personnel with key enabler personnel 

specialities with the requirements for key enabler personnel 

specialties; 

‘‘(iii) an identification of any shortfalls indicated by 

the comparisons in clauses (i) and (ii); and 

‘‘(iv) an assessment of the number and type of key 

enabler equipment that the Army projects it will have 

on hand by the end of such future-years defense program 

that will require repair, recapitalization, or replacement 

at or before the end of the time period covered by such 

future-years defense program (which assessment shall 

account for additional repair, recapitalization, or replacement resulting from use of key enabler equipment in overseas contingency operations). 

‘‘(B) If an assessment under subparagraph (A) identifies 

shortfalls that will exist within the period covered by the futureyears 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)’’. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4187 

(d) ANNUAL COMPTROLLER GENERAL ON ARMY PROGRESS.—Subsection (d) of such section is amended to read as follows: 

‘‘(d) ANNUAL COMPTROLLER GENERAL REPORT ON ARMY

PROGRESS.—Not later than 180 days after the date on which the 

Secretary of the Army submits a report under subsection (c), the 

Comptroller General of the United States shall submit to the 

congressional defense committees a report setting forth the Comptroller General’s review of such report. Each report under this 

subsection shall include such information and recommendations 

as the Comptroller General considers appropriate in light of such 

review.’’. 

(e) DEFINITIONS.—Such section is further amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d), as amended by subsection (d) of this section, the following new subsection (e): 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘contingency operation’ has the meaning given 

that term in section 101(a)(13) of title 10, United States Code. 

‘‘(2) The term ‘key enabler’, in the case of equipment or 

personnel, means equipment or personnel, as the case may 

be, that make a modular force or unit as capable or more 

capable than the non-modular force or unit it replaced, 

including the following: 

‘‘(A) Equipment such as tactical and high frequency 

radio, tactical wheeled vehicles, battle command systems, 

unmanned aerial vehicles, all-source analysis systems, 

analysis and control elements, fire support sensor systems, 

firefinder radar, joint network nodes, long-range advanced 

scout surveillance systems, Trojan Spirit systems (or any 

successor system), and any other equipment items identified by the Army as making a modular force or unit as 

capable or more capable than the non-modular force or 

unit it replaced. 

‘‘(B) Personnel in specialties needed to operate or support the equipment specified in subparagraph (A) and personnel in specialties relating to civil affairs, communication 

and information systems operation, explosive ordinance disposal, military intelligence, psychological operations, and 

any other personnel specialties identified by the Army as 

making a modular force or unit as capable or more capable 

than the non-modular force or unit it replaced.’’. 

(f) TERMINATION OF REPORT REQUIREMENT.—Subsection (f) of 

such section, as redesignated by subsection (e)(1) of this section, 

is further amended by striking ‘‘fiscal year 2012’’ and inserting 

‘‘fiscal year 2015’’. 

(g) REPEAL OF REPORT ON DISPOSITION OF RESERVE EQUIPMENT.—Title III of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364) is amended by 

striking section 349. 

(h) REPEAL OF REPORT ON READINESS OF GROUND FORCES.— 

Title III of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181) is amended by striking section 355. 

SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 

(a) REPORT REQUIRED.—Not later than March 1, 2011, the 

Commander of the United States Northern Command and the North 

122 Stat. 73. 

120 Stat. 2159. 

10 USC 229 note. 


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124 STAT. 4188 PUBLIC LAW 111–383—JAN. 7, 2011 

American Aerospace Defense Command shall submit to the Committees on Armed Services of the Senate and House of Representatives 

a report on the Air Sovereignty Alert (hereinafter in this section 

referred to as ‘‘ASA’’) mission and Operation Noble Eagle. 

(b) CONSULTATION.—The Commander shall consult with the 

Director of the National Guard Bureau who shall review and provide 

independent analysis and comments on the report required under 

subsection (a). 

(c) CONTENTS OF REPORT.—The report required under subsection (a) shall include each of the following: 

(1) An evaluation of the ASA mission and of Operation 

Noble Eagle. 

(2) An evaluation of each of the following: 

(A) The current ability to perform the ASA mission 

with respect to training, equipment, and basing. 

(B) Any current deficiencies in the ASA mission. 

(C) Any changes in threats that would require any 

change in training, equipment, and basing to effectively 

support the ASA mission. 

(D) An evaluation of whether the ASA mission is fully 

resourced with respect to funding, personnel, and aircraft. 

(E) A description of the coverage of ASA and Operation 

Noble Eagle units with respect to— 

(i) population centers covered; and 

(ii) targets of value covered, including symbolic 

(including national monuments, sports venues, and 

centers of commerce), critical infrastructure (including 

power plants, ports, dams, bridges, and telecommunication nodes), and national security (including military 

bases and organs of government) targets. 

(F) An unclassified, notional area of responsibility conforming to the unclassified response time of the unit represented graphically on a map and detailing the total population and number of targets of value covered, as described 

in subparagraph (E). 

(3) The status of the implementation of the recommendations made in the Government Accountability Office report 

entitled ‘‘Actions Needed to Improve Management of Air Sovereignty Alert Operations to Protect U.S. Airspace’’ (GAO–09– 

184). 

(d) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may contain a classified 

annex. 

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

THE AIR FORCE. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Service of the House of Representatives 

a report describing the feasibility and desirability of designating 

the Suppression of Enemy Air Defenses/Destruction of Enemy Air 

Defenses (hereinafter in this section referred to as ‘‘SEAD/DEAD’’) 

mission as a responsibility of the Air National Guard. 

(b) CONTENTS OF REPORT.—The report required under subsection (a) shall include each of the following: 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4189 

(1) An evaluation of the SEAD/DEAD mission, as in effect 

on the date of the enactment of this Act. 

(2) An evaluation of the following with respect to the SEAD/ 

DEAD mission: 

(A) The current ability of the Air National Guard to 

perform the mission with regards to training, equipment, 

funding, and basing. 

(B) Any current deficiencies of the Air National Guard 

to perform the mission, including range infrastructure or 

other improvements needed to support peacetime training 

and readiness. 

(C) The corrective actions and costs required to address 

any deficiencies described in subparagraph (B). 

(c) CONSULTATION.—The Secretary of the Air Force shall consult 

with the Director of the National Guard Bureau who shall review 

and provide independent analysis and comments on the report 

required under subsection (a). 

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

The Commander of the United States Transportation Command 

shall update the study entitled ‘‘PORT LOOK 2008 Strategic Seaports Study’’. In updating the study under this section, the Commander shall consider the infrastructure in the vicinity of a strategic 

port, including bridges, roads, and rail, and any issues relating 

to the capacity and condition of such infrastructure. 

Subtitle E—Limitations and Extensions of 

Authority 

SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING 

FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT. 

(a) IN GENERAL.—Chapter 159 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 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 

Determination. 


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in a lease, license, or other real estate agreement for an airfield 

and shall use such a determination to offset appropriate amounts 

imposed under subsection (a) for that airfield.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

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

SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 10 U.S.C. 

4551 note), as amended by section 341 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 69) and section 354 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2264), 

is further amended— 

(1) in subsection (a), by striking ‘‘2011’’ and inserting 

‘‘2012’’; and 

(2) in subsection (g)(1), by striking ‘‘2011’’ and inserting 

‘‘2012’’. 

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 

Time period. 

Certification. 

10 USC 4551 

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material to Congress is provided to the congressional defense 

committees. 

SEC. 345. REQUIREMENTS FOR TRANSFERRING AIRCRAFT WITHIN THE 

AIR FORCE INVENTORY. 

(a) REQUIREMENTS.—In proposing the transfer of ownership 

of any aircraft from ownership by a reserve component of the 

Air Force to ownership by a regular component of the Air Force, 

including such a transfer to be made on a temporary basis, the 

Secretary of the Air Force shall ensure that a written agreement 

regarding such transfer of ownership has been entered into between 

the Director of the Air National Guard, the Commander of the 

Air Force Reserve Command, and the Chief of Staff of the Air 

Force. Any such agreement shall specify each of the following: 

(1) The number of and type of aircraft to be transferred. 

(2) In the case of any aircraft transferred on a temporary 

basis— 

(A) the schedule under which the aircraft will be 

returned to the ownership of the reserve component; 

(B) a description of the condition, including the estimated remaining service life, in which any such aircraft 

will be returned to the reserve component; and 

(C) a description of the allocation of resources, 

including the designation of responsibility for funding aircraft operation and maintenance and a detailed description 

of budgetary responsibilities, for the period for which the 

ownership of the aircraft is transferred to the regular 

component. 

(3) The designation of responsibility for funding depot 

maintenance requirements or modifications to the aircraft generated as a result of the transfer, including any such requirements and modifications required during the period for which 

the ownership of the aircraft is transferred to the regular 

component. 

(4) Any location from which the aircraft will be transferred. 

(5) The effects on manpower that such a transfer may 

have at any facility identified under paragraph (4). 

(6) The effects on the skills and proficiencies of the reserve 

component personnel affected by the transfer. 

(7) Any other items the Director of the Air National Guard 

or the Commander of the Air Force Reserve Command determines are necessary in order to execute such a transfer. 

(b) SUBMITTAL OF AGREEMENTS TO CONGRESS.—The Secretary 

of the Air Force may not take any action to transfer the ownership 

of an aircraft as described in subsection (a) until the Secretary 

submits to the congressional defense committees an agreement 

entered into pursuant to such subsection regarding the transfer 

of ownership of the aircraft. 

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

OF MILITARY REQUIREMENTS. 

(a) COMMERCIAL SALE OF SMALL ARMS AMMUNITION.—Small 

arms ammunition and ammunition components in excess of military 

requirements, including fired cartridge cases, which are not otherwise prohibited from commercial sale or certified by the Secretary 

of Defense as unserviceable or unsafe, may not be demilitarized 

or destroyed and shall be made available for commercial sale. 

10 USC 2576 

note. 

Contracts. 

10 USC 8062 

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(b) DEADLINE FOR GUIDANCE.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall issue guidance to ensure compliance with subsection (a). Not 

later than 15 days after issuing such guidance, the Secretary shall 

submit to the congressional defense committees a letter of compliance providing notice of such guidance. 

(c) PREFERENCE.—No small arms ammunition and ammunition 

components in excess of military requirements may be made available for commercial sale under this section before such ammunition 

and ammunition components are offered for transfer or purchase, 

as authorized by law, to another Federal department or agency 

or for sale to State and local law enforcement, firefighting, homeland 

security, and emergency management agencies pursuant to section 

2576 of title 10, United States Code, as amended by this Act. 

Subtitle F—Other Matters 

SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS 

FOR CERTAIN INDIVIDUALS. 

(a) EXPEDITED PROCESSING OF SECURITY CLEARANCES.—Section 

1564 of title 10, United States Code, is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection (a): 

‘‘(a) EXPEDITED PROCESS.—The Secretary of Defense may prescribe a process for expediting the completion of the background 

investigations necessary for granting security clearances for— 

‘‘(1) Department of Defense personnel and Department of 

Defense contractor personnel who are engaged in sensitive 

duties that are critical to the national security; and 

‘‘(2) any individual who— 

‘‘(A) submits an application for a position as an 

employee of the Department of Defense for which— 

‘‘(i) the individual is qualified; and 

‘‘(ii) a security clearance is required; and 

‘‘(B) is— 

‘‘(i) a member of the armed forces who was retired 

or separated, or is expected to be retired or separated, 

for physical disability pursuant to chapter 61 of this 

title; 

‘‘(ii) the spouse of a member of the armed forces 

who retires or is separated, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, for a physical disability 

as a result of a wound, injuries or illness incurred 

or aggravated in the line of duty (as determined by 

the Secretary concerned); or 

‘‘(iii) the spouse of a member of the armed forces 

who dies, after the date of the enactment of the Ike 

Skelton National Defense Authorization Act for Fiscal 

Year 2011, as a result of a wound, injury, or illness 

incurred or aggravated in the line of duty (as determined by the Secretary concerned).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary of Defense 

may use funds authorized to be appropriated to the Department 

of Defense for operation and maintenance to conduct background 

Notice. 


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investigations under this section for individuals described in subsection (a)(2).’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to a background investigation conducted 

after the date of the enactment of this Act. 

SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION 

OF CIVILIAN PASSENGERS AND COMMERCIAL CARGOES 

BY DEPARTMENT OF DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES. 

(a) TRANSPORTATION ON DOD VEHICLES AND AIRCRAFT.—Subsection (a) of section 2649 of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘AUTHORITY.—’’ before ‘‘Whenever’’; and 

(2) by inserting ‘‘, vehicles, or aircraft’’ in the first sentence 

after ‘‘vessels’’ both places it appears. 

(b) AMOUNTS CHARGED FOR TRANSPORTATION IN EMERGENCY, 

DISASTER, OR HUMANITARIAN RESPONSE CASES.— 

(1) LIMITATION ON AMOUNTS CHARGED.—The second sentence of subsection (a) of such section is amended by inserting 

before the period the following: ‘‘, except that in the case of 

transportation provided in response to an emergency, a disaster, 

or a request for humanitarian assistance, any amount charged 

for such transportation may not exceed the cost of providing 

the transportation’’. 

(2) CREDITING OF RECEIPTS.—Subsection (b) of such section 

is amended by striking ‘‘Amounts’’ and inserting ‘‘CREDITING

OF RECEIPTS.—Any amount received under this section with 

respect to transportation provided in response to an emergency, 

a disaster, or a request for humanitarian assistance may be 

credited to the appropriation, fund, or account used in incurring 

the obligation for which such amount is received. In all other 

cases, amounts’’. 

(c) TRANSPORTATION DURING CONTINGENCIES OR DISASTER

RESPONSES.—Such section is further amended by adding at the 

end the following new subsection: 

‘‘(c) TRANSPORTATION OF ALLIED PERSONNEL DURING CONTINGENCIES OR DISASTER RESPONSES.—During the 5-year period beginning on the date of the enactment of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011, when space is 

available on vessels, vehicles, or aircraft operated by the Department of Defense and the Secretary of Defense determines that 

operations in the area of a contingency operation or disaster 

response would be facilitated if allied forces or civilians were to 

be transported using such vessels, vehicles, or aircraft, the Secretary 

may provide such transportation on a noninterference basis, without 

charge.’’. 

(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: 

10 USC 1564 

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‘‘§ 2648. Persons and supplies: sea, land, and air transportation’’. 

(2) The heading of section 2649 of such title is amended 

to read as follows: 

‘‘§ 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 


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under a Department of Defense contract for ocean carriage; 

and 

‘‘(B) the land-based portions of the transportation were 

under contracts, in accordance with section 2636a of this 

title, that require the land carriers to settle claims on 

the basis of full replacement value. 

‘‘(3) A case in which— 

‘‘(A) the lost or damaged goods were transported or 

stored under a contract or solicitation that requires at 

least one of the transportation service providers or carriers 

that handled the shipment to settle claims on the basis 

of full replacement value pursuant to section 2636a of 

this title; 

‘‘(B) the lost or damaged goods have been in the custody 

of more than one independent contractor or transportation 

service provider; and 

‘‘(C) a claim submitted to the delivering transportation 

service provider or carrier is denied in whole or in part 

because the loss or damage occurred while the lost or 

damaged goods were in the custody of a prior transportation 

service provider or carrier or government entity.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2740. Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement 

not available.’’. 

(b) EFFECTIVE DATE.—Section 2740 of title 10, United States 

Code, as added by subsection (a), shall apply with respect to losses 

incurred after the date of the enactment of this Act. 

SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT 

OF DEFENSE PROPERTY. 

(a) IN GENERAL.—Chapter 165 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 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— 

10 USC 2740 

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‘‘(A) a warrant issued by the district court of the United 

States for the district in which the property is located, 

or for the district in which the person in possession of 

the property resides or is subject to service; or 

‘‘(B) pursuant to an order by such court, issued after 

a determination of improper transfer under subsection (e); 

and 

‘‘(2) after such a court has issued such a warrant or order. 

‘‘(d) INAPPLICABILITY TO CERTAIN PROPERTY.—Subsections (b) 

and (c) shall not apply to— 

‘‘(1) property on public display by public or private collectors 

or museums in secured exhibits; or 

‘‘(2) property in the collection of any museum or veterans 

organization or held in a private collection for the purpose 

of public display, provided that any such property, the possession of which could undermine national security or create a 

hazard to public health or safety, has been fully demilitarized. 

‘‘(e) DETERMINATIONS OF VIOLATIONS.—(1) The district court 

of the United States for the district in which the property is located, 

or the district in which the person in possession of the property 

resides or is subject to service, shall have jurisdiction, regardless 

of the current approximated or estimated value of the property, 

to determine whether property was disposed of in violation of subsection (a). Any such determination shall be by a preponderance 

of the evidence. 

‘‘(2) Except as provided in paragraph (3), in the case of property, 

the possession of which could undermine national security or create 

a hazard to public health or safety, the determination under paragraph (1) may be made after the seizure of the property, as long 

as the United States files an action seeking such determination 

within 90 days after seizure of the property. If the person from 

whom the property is seized is found to have been lawfully in 

possession of the property and the return of the property could 

undermine national security or create a hazard to public health 

or safety, the Secretary of Defense shall reimburse the person 

for the market value for the property. 

‘‘(3) Paragraph (2) shall not apply to any firearm, ammunition, 

or ammunition component, or firearm part or accessory that is 

not prohibited for commercial sale. 

‘‘(f) DELIVERY OF SEIZED PROPERTY.—Any law enforcement official who seizes property under subsection (c) and is not authorized 

to retain it for the United States shall deliver the property to 

an authorized member of the armed forces or other authorized 

official of the Department of Defense or the Department of Justice. 

‘‘(g) SCOPE OF ENFORCEMENT.—This section shall apply to the 

following: 

‘‘(1) Any military or Department of Defense property disposed of on or after the date of the enactment of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 

2011 in a manner that is not in accordance with statutes 

and regulations governing Government property in effect at 

the time of the disposal of such property. 

‘‘(2) Any significant military equipment disposed of on or 

after January 1, 2002, in a manner that is not in accordance 

with statutes and regulations governing Government property 

in effect at the time of the disposal of such significant military 

equipment. 

Deadline. 


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‘‘(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 

Study. 

Deadline. 


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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 ORGANIZA- TION.— (1) DESIGNATION.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

designate a senior official of the Department of Defense, and 

a lead organization of the Department of Defense, to— 

(A) serve as the executive agent to carry out the review 

required by subsection (d); 

(B) serve as a clearinghouse to coordinate Department 

of Defense review of applications for projects filed with 

the Secretary of Transportation pursuant to section 44718 

of title 49, United States Code, and received by the Department of Defense from the Secretary of Transportation; and 

(C) accelerate the development of planning tools necessary to determine the acceptability to the Department 

of Defense of proposals included in an application for a 

project submitted pursuant to such section. 

(2) RESOURCES.—The Secretary shall ensure that the senior 

official and lead organization designated under paragraph (1) 

are assigned such personnel and resources as the Secretary 

considers appropriate to carry out this section. 

(c) INITIAL ACTIONS.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, acting 

Deadline. 

Deadline. 

49 USC 44718 

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through the senior official and lead organization designated pursuant to subsection (b), shall— 

(1) conduct a preliminary review of each application for 

a project filed with the Secretary of Transportation pursuant 

to section 44718 of title 49, United States Code, that may 

have an adverse impact on military operations and readiness, 

unless such project has been granted a determination of no 

hazard. Such review shall, at a minimum, for each such 

project— 

(A) assess the likely scope and duration of any adverse 

impact of such project on military operations and readiness; 

and 

(B) identify any feasible and affordable actions that 

could be taken in the immediate future by the Department, 

the developer of such project, or others to mitigate such 

adverse impact and to minimize risks to national security 

while allowing such project to proceed with development; 

(2) develop, in coordination with other departments and 

agencies of the Federal Government, an integrated review 

process to ensure timely notification and consideration of 

projects filed with the Secretary of Transportation pursuant 

to section 44718 of title 49, United States Code, that may 

have an adverse impact on military operations and readiness; 

(3) establish procedures for the Department of Defense 

for the coordinated consideration of and response to a request 

for a review received from State and local officials or the 

developer of a renewable energy development or other energy 

project, including guidance to personnel at each military 

installation in the United States on how to initiate such procedures and ensure a coordinated Department response while 

seeking to fulfil the objective under subsection (a); and 

(4) develop procedures for conducting early outreach to 

parties carrying out projects filed with the Secretary of 

Transportation pursuant to section 44718 of title 49, United 

States Code, that could have an adverse impact on military 

operations and readiness, and to the general public, to clearly 

communicate notice on actions being taken by the Department 

of Defense under this section and to receive comments from 

such parties and the general public on such actions. 

(d) COMPREHENSIVE REVIEW.— 

(1) STRATEGY REQUIRED.—Not later than 270 days after 

the date of the enactment of this Act, the Secretary of Defense, 

acting through the senior official and lead organization designated pursuant to subsection (b), shall develop a comprehensive strategy for addressing the military impacts of projects 

filed with the Secretary of Transportation pursuant to section 

44718 of title 49, United States Code. 

(2) ELEMENTS.—In developing the strategy required by 

paragraph (1), the Secretary of Defense shall— 

(A) assess of the magnitude of interference posed by 

projects filed with the Secretary of Transportation pursuant 

to section 44718 of title 49, United States Code; 

(B) identify geographic areas selected as proposed locations for projects filed, or which may be filed in the future, 

with the Secretary of Transportation pursuant to section 

44718 of title 49, United States Code, where such projects 

could have an adverse impact on military operations and 

Deadline. 

Procedures. 

Procedures. 


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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 longterm 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 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). 

Deadline. 

Reports. 

Deadline. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4201 

The following individuals are appropriate senior officers of the 

Department of Defense for the purposes of this paragraph: 

(A) The Deputy Secretary of Defense. 

(B) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

(C) The Principal Deputy Under Secretary of Defense 

for Acquisition, Technology, and Logistics. 

(f) REPORTS.— (1) REPORT TO CONGRESS.—Not later than March 15 each 

year from 2011 through 2015, the Secretary of Defense shall 

submit to the congressional defense committees a report on 

the actions taken by the Department of Defense during the 

preceding year to implement this section and the comprehensive 

strategy developed pursuant to this section. 

(2) CONTENTS OF REPORT.—Each report submitted under 

paragraph (1) shall include— 

(A) the results of a review carried out by the Secretary 

of Defense of any projects filed with the Secretary of 

Transportation pursuant to section 44718 of title 49, United 

States Code— 

(i) that the Secretary of Defense has determined 

would result in an unacceptable risk to the national 

security; and 

(ii) for which the Secretary of Defense has recommended to the Secretary of Transportation that a 

hazard determination be issued; 

(B) an assessment of the risk associated with the loss 

or modifications of military training routes and a quantification of such risk; 

(C) an assessment of the risk associated with solar 

power and similar systems as to the effects of glint on 

military readiness; 

(D) an assessment of the risk associated with electromagnetic interference on military readiness, including the 

effects of testing and evaluation ranges; 

(E) an assessment of any risks posed by the development of projects filed with the Secretary of Transportation 

pursuant to section 44718 of title 49, United States Code, 

to the prevention of threats and aggression directed toward 

the United States and its territories; and 

(F) a description of the distance from a military 

installation that the Department of Defense will use to 

prescreen applicants under section 44718 of title 49, United 

States Code. 

(g) AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS.—The Secretary of Defense is authorized to accept a voluntary contribution 

of funds from an applicant for a project filed with the Secretary 

of Transportation pursuant to section 44718 of title 49, United 

States Code. Amounts so accepted shall be available for the purpose 

of offsetting the cost of measures undertaken by the Secretary 

of Defense to mitigate adverse impacts of such project on military 

operations and readiness. 

(h) EFFECT OF DEPARTMENT OF DEFENSE HAZARD ASSESSMENT.—An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required 

of the Secretary of Transportation under section 44718 of title 

49, United States Code. 


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124 STAT. 4202 PUBLIC LAW 111–383—JAN. 7, 2011 

(i) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to 

comply with, any environmental law, including the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(j) DEFINITIONS.—In this section: 

(1) The term ‘‘military training route’’ means a training 

route developed as part of the Military Training Route Program, 

carried out jointly by the Federal Aviation Administration and 

the Secretary of Defense, for use by the Armed Forces for 

the purpose of conducting low-altitude, high-speed military 

training. 

(2) The term ‘‘military installation’’ has the meaning given 

that term in section 2801(c)(4) of title 10, United States Code. 

(3) The term ‘‘military readiness’’ includes any training 

or operation that could be related to combat readiness, including 

testing and evaluation activities. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2011, as follows: 

(1) The Army, 569,400. 

(2) The Navy, 328,700. 

(3) The Marine Corps, 202,100. 

(4) The Air Force, 332,200. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (4) and inserting the following 

new paragraphs: 

‘‘(1) For the Army, 547,400. 

‘‘(2) For the Navy, 324,300. 

‘‘(3) For the Marine Corps, 202,100. 

‘‘(4) For the Air Force, 332,200.’’. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4203 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2011, as follows: 

(1) The Army National Guard of the United States, 358,200. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 65,500. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,700. 

(6) The Air Force Reserve, 71,200. 

(7) The Coast Guard Reserve, 10,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are 

released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such 

reserve component shall be increased proportionately by the total 

authorized strengths of such units and by the total number of 

such individual members. 

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

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2011, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 32,060. 

(2) The Army Reserve, 16,261. 

(3) The Navy Reserve, 10,688. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 14,584. 

(6) The Air Force Reserve, 2,992. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2011 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army Reserve, 8,395. 

(2) For the Army National Guard of the United States, 

27,210. 


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124 STAT. 4204 PUBLIC LAW 111–383—JAN. 7, 2011 

(3) For the Air Force Reserve, 10,720. 

(4) For the Air National Guard of the United States, 22,394. 

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

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2011, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2011, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2011, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2011, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby 

authorized to be appropriated to the Department of Defense for 

military personnel for fiscal year 2011 a total of $138,540,700,000. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in subsection (a) supersedes any other authorization 

of appropriations (definite or indefinite) for such purpose for fiscal 

year 2011. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy Generally 

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


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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. 

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. 


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

Shinyei Matayoshi for acts of valor during World War II. Sec. 573. Authorization and request for award of Distinguished-Service Cross to 

Jay C. Copley for acts of valor during the Vietnam War. Sec. 574. Program to commemorate 60th anniversary of the Korean War. 

Subtitle I—Military Family Readiness Matters 

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

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

needs. 

Sec. 583. Modification of Yellow Ribbon Reintegration Program. 

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

Sec. 585. Report on military spouse education programs. 

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

with special education needs. Sec. 587. Reports on child development centers and financial assistance for child 

care for members of the Armed Forces. 

Subtitle J—Other Matters 

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

and Coast Guard civilian employees and their families to accept gifts 

from non-Federal entities. 

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

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

Institute of Technology. Sec. 594. Updated terminology for Army Medical Service Corps. 

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

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

Subtitle A—Officer Personnel Policy 

Generally 

SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT 

FOR HEALTH PROFESSIONS OFFICERS. 

(a) AGE FOR ORIGINAL APPOINTMENT AS HEALTH PROFESSIONS

OFFICER.—Section 532(d)(2) of title 10, United States Code, is 

amended by striking ‘‘reserve’’. 

(b) MANDATORY RETIREMENT AGE FOR HEALTH PROFESSIONS

OFFICERS.— 

(1) ADDITIONAL CATEGORIES OF OFFICERS ELIGIBLE FOR

DEFERRAL OF MANDATORY RETIREMENT FOR AGE.—Paragraph 

(2) of section 1251(b) of such title is amended— 

(A) in subparagraph (B), by striking ‘‘or’’ at the end; 

(B) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; or’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(D) an officer in a category of officers designated by the 

Secretary of the military department concerned for the purposes 

of this paragraph as consisting of officers whose duties consist 

primarily of— 

‘‘(i) providing health care; 

‘‘(ii) performing other clinical care; or 

‘‘(iii) performing health care-related administrative 

duties.’’. 

(2) CONFORMING AMENDMENT.—Paragraph (1) of such section is amended by striking ‘‘the officer will be performing 

duties consisting primarily of providing patient care or performing other clinical duties.’’ and inserting ‘‘the officer— 


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‘‘(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 WAR- RANT OFFICER W–1 GRADE.—The first sentence of section 571(b) 

of title 10, United States Code, is amended by striking ‘‘by 

the Secretary concerned’’ and inserting ‘‘, except that with 

respect to an armed force under the jurisdiction of the Secretary 

of a military department, the Secretary concerned may provide 

by regulation that appointments in that grade in that armed 

force shall be made by commission’’. 

(2) APPOINTING AUTHORITY.—The second sentence of such 

section is amended by inserting before the period at the end 

the following: ‘‘, and appointments (whether by warrant or 

commission) in the grade of regular warrant officer, W–1, shall 

be made by the President, except that appointments in that 

grade in the Coast Guard shall be made by the Secretary 

concerned’’. 

(b) RESERVE OFFICERS.—Subsection (b) of section 12241 of such 

title is amended to read as follows: 

‘‘(b) Appointments in permanent reserve warrant officer grades 

shall be made in the same manner as is prescribed for regular 

warrant officer grades by section 571(b) of this title.’’. 

(c) PRESIDENTIAL FUNCTIONS.—Except as otherwise provided 

by the President by Executive order, the provisions of Executive 

Order 13384 (10 U.S.C. 531 note) relating to the functions of the 

President under the second sentence of section 571(b) of title 10, 

United States Code, shall apply in the same manner to the functions 

of the President under section 12241(b) of title 10, United States 

Code. 

SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, 

DELIBERATIONS, NOTES, AND RECORDS OF SPECIAL 

SELECTION BOARDS. 

(a) NONDISCLOSURE OF BOARD PROCEEDINGS.—Section 613a of 

title 10, United States Code, is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection: 

‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings of a selection board convened under section 573, 611, or 628 of this title 

may not be disclosed to any person not a member of the board, 

except as authorized or required to process the report of the board. 

This prohibition is a statutory exemption from disclosure, as 

described in section 552(b)(3) of title 5.’’; 

(2) in subsection (b), by striking ‘‘AND RECORDS’’ and 

inserting ‘‘NOTES, AND RECORDS’’; and 

(3) by adding at the end the following new subsection: 

‘‘(c) APPLICABILITY.—This section applies to all selection boards 

convened under section 573, 611, or 628 of this title, regardless 

of the date on which the board was convened.’’. 

Applicability. 

10 USC 12241 

note. 

President. 


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(b) REPORTS OF BOARDS.—Section 628(c)(2) of such title is 

amended by striking ‘‘sections 576(d) and 576(f)’’ and inserting 

‘‘sections 576(d), 576(f), and 613a’’. 

(c) RESERVE BOARDS.—Section 14104 of such title is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection: 

‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings of a selection board convened under section 14101 or 14502 of this title 

may not be disclosed to any person not a member of the board, 

except as authorized or required to process the report of the board. 

This prohibition is a statutory exemption from disclosure, as 

described in section 552(b)(3) of title 5.’’; 

(2) in subsection (b), by striking ‘‘AND RECORDS’’ and 

inserting ‘‘NOTES, AND RECORDS’’; and 

(3) by adding at the end the following new subsection: 

‘‘(c) APPLICABILITY.—This section applies to all selection boards 

convened under section 14101 or 14502 of this title, regardless 

of the date on which the board was convened.’’. 

SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION 

LIST. 

(a) ACTIVE-DUTY LIST.—Section 629 of title 10, United States 

Code, is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) ADMINISTRATIVE REMOVAL.—Under regulations prescribed 

by the Secretary concerned, if an officer on the active-duty list 

is discharged or dropped from the rolls or transferred to a retired 

status after having been recommended for promotion to a higher 

grade under this chapter, but before being promoted, the officer’s 

name shall be administratively removed from the list of officers 

recommended for promotion by a selection board.’’. 

(b) RESERVE ACTIVE-STATUS LIST.—Section 14310 of such title 

is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) ADMINISTRATIVE REMOVAL.—Under regulations prescribed 

by the Secretary concerned, if an officer on the reserve activestatus 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: 

Regulations. 

Regulations. 

10 USC 628. 


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‘‘§ 777a. Wearing of insignia of higher grade before appointment to a grade above major general or rear 

admiral (frocking): authority; restrictions 

‘‘(a) AUTHORITY.—An officer serving in a grade below the grade 

of lieutenant general or, in the case of the Navy, vice admiral, 

who has been selected for appointment to the grade of lieutenant 

general or general, or, in the case of the Navy, vice admiral or 

admiral, and an officer serving in the grade of lieutenant general 

or vice admiral who has been selected for appointment to the 

grade of general or admiral, may be authorized, under regulations 

and policies of the Department of Defense and subject to subsection 

(b), to wear the insignia for that higher grade for a period of 

up to 14 days before assuming the duties of a position for which 

the higher grade is authorized. An officer who is so authorized 

to wear the insignia of a higher grade is said to be ‘frocked’ to 

that grade. 

‘‘(b) RESTRICTIONS.—An officer may not be authorized to wear 

the insignia for a grade as described in subsection (a) unless— 

‘‘(1) the Senate has given its advice and consent to the 

appointment of the officer to that grade; 

‘‘(2) the officer has received orders to serve in a position 

outside the military department of that officer for which that 

grade is authorized; 

‘‘(3) the Secretary of Defense (or a civilian officer within 

the Office of the Secretary of Defense whose appointment was 

made with the advice and consent of the Senate and to whom 

the Secretary delegates such approval authority) has given 

approval for the officer to wear the insignia for that grade 

before assuming the duties of a position for which that grade 

is authorized; and 

‘‘(4) the Secretary of Defense has submitted to Congress 

a written notification of the intent to authorize the officer 

to wear the insignia for that grade. 

‘‘(c) BENEFITS NOT TO BE CONSTRUED AS ACCRUING.—(1) 

Authority provided to an officer as described in subsection (a) to 

wear the insignia of a higher grade may not be construed as 

conferring authority for that officer to— 

‘‘(A) be paid the rate of pay provided for an officer in 

that grade having the same number of years of service as 

that officer; or 

‘‘(B) assume any legal authority associated with that grade. 

‘‘(2) The period for which an officer wears the insignia of a 

higher grade under such authority may not be taken into account 

for any of the following purposes: 

‘‘(A) Seniority in that grade. 

‘‘(B) Time of service in that grade. 

‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED.—The total 

number of officers who are authorized to wear the insignia for 

a higher grade under this section shall count against the limitation 

in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade.’’. 

Notification. 


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(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 GEN- ERAL 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). 

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)— 

10 USC 777. 


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(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 ‘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. 

Recommendations. 

10 USC 10217. 

Time period. 

Time period. 


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‘‘(2) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Army— 

‘‘(A) one of whom shall be a member of the Army 

National Guard of the United States or a former member 

of the Army National Guard of the United States in the 

Retired Reserve; and 

‘‘(B) one of whom shall be a member or retired member 

of the Army Reserve. 

‘‘(3) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Navy— 

‘‘(A) one of whom shall be an active or retired officer 

of the Navy Reserve; and 

‘‘(B) one of whom shall be an active or retired officer 

of the Marine Corps Reserve. 

‘‘(4) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force— 

‘‘(A) one of whom shall be a member of the Air National 

Guard of the United States or a former member of the 

Air National Guard of the United States in the Retired 

Reserve; and 

‘‘(B) one of whom shall be a member or retired member 

of the Air Force Reserve. 

‘‘(5) One active or retired reserve officer or enlisted member 

of the Coast Guard designated by the Secretary of Homeland 

Security. 

‘‘(6) Ten persons appointed or designated by the Secretary 

of Defense, each of whom shall be a United States citizen 

having significant knowledge of and experience in policy matters relevant to national security and reserve component matters and shall be one of the following: 

‘‘(A) An individual not employed in any Federal or 

State department or agency. 

‘‘(B) An individual employed by a Federal or State 

department or agency. 

‘‘(C) An officer of a regular component of the armed 

forces on active duty, or an officer of a reserve component 

of the armed forces in an active status, who— 

‘‘(i) is serving or has served in a senior position 

on the Joint Staff, the headquarters staff of a combatant command, or the headquarters staff of an armed 

force; and 

‘‘(ii) has experience in joint professional military 

education, joint qualification, and joint operations matters. 

‘‘(7) A reserve officer of the Army, Navy, Air Force, or 

Marine Corps who is a general or flag officer recommended 

by the chair and designated by the Secretary of Defense, who 

shall serve without vote— 

‘‘(A) as military adviser to the chair; 

‘‘(B) as military executive officer of the Board; and 

‘‘(C) as supervisor of the operations and staff of the 

Board. 

‘‘(8) A senior enlisted member of a reserve component recommended by the chair and designated by the Secretary of 


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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 activestatus 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: 

10 USC 10301 

note. 


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‘‘(4) in the case of an officer or an enlisted member of 

a reserve component who is not serving on active duty, separation or release from the reserve component under honorable 

conditions, or death; and 

‘‘(5) in the case of an enlisted member of a reserve a 

component who is not serving on active duty, termination of 

enlistment in conjunction with the commencement of a successive enlistment, or appointment as an officer.’’. 

SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED 

STATES MERCHANT MARINE ACADEMY INTO THE 

NATIONAL GUARD. 

Section 305(a)(5) of title 32, United States Code, is amended 

by striking ‘‘or the United States Coast Guard Academy’’ and 

inserting ‘‘the United States Coast Guard Academy, or the United 

States Merchant Marine Academy’’. 

Subtitle C—Joint Qualified Officers and 

Requirements 

SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS 

FOR PURPOSES OF JOINT OFFICER MANAGEMENT. 

Section 668(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘multiple’’ in the matter preceding 

subparagraph (A) and inserting ‘‘integrated’’; and 

(B) by striking ‘‘and’’ at the end of the subparagraph 

(D) and inserting ‘‘or’’; and 

(2) by striking paragraph (2) and inserting the following 

new paragraph: 

‘‘(2) In the context of joint matters, the term ‘integrated military 

forces’ refers to military forces that are involved in the planning 

or execution (or both) of operations involving participants from— 

‘‘(A) more than one military department; or 

‘‘(B) a military department and one or more of the following: 

‘‘(i) Other departments and agencies of the United 

States. 

‘‘(ii) The military forces or agencies of other countries. 

‘‘(iii) Non-governmental persons or entities.’’. 

SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR 

JOINT QUALIFIED OFFICERS AND OFFICERS WITH JOINT 

STAFF EXPERIENCE. 

(a) BOARD COMPOSITION.—Subsection (c) of section 612 of title 

10, United States Code, is amended to read as follows: 

‘‘(c)(1) Each selection board convened under section 611(a) of 

this title that will consider an officer described in paragraph (2) 

shall include at least one officer designated by the Chairman of 

the Joint Chiefs of Staff who is a joint qualified officer. 

‘‘(2) 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 

Waiver authority. 

Applicability. 


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‘‘(B) any selection board that is considering officers in 

specialties identified in paragraph (2) or (3) of section 619a(b) 

of this title.’’. 

(b) INFORMATION FURNISHED TO SELECTION BOARDS.—Section 

615 of such title is amended in subsections (b)(5) and (c) by striking 

‘‘in joint duty assignments of officers who are serving, or have 

served, in such assignments’’ and inserting ‘‘of officers who are 

serving on, or have served on, the Joint Staff or are joint qualified 

officers’’. 

(c) ACTION ON REPORT OF SELECTION BOARDS.—Section 618(b) 

of such title is amended— 

(1) in paragraph (1), by striking ‘‘are serving, or have 

served, in joint duty assignments’’ and inserting ‘‘are serving 

on, or have served on, the Joint Staff or are joint qualified 

officers’’; 

(2) in subparagraphs (A) and (B) of paragraph (2), by 

striking ‘‘in joint duty assignments of officers who are serving, 

or have served, in such assignments’’ and inserting ‘‘of officers 

who are serving on, or have served on, the Joint Staff or 

are joint qualified officers’’; and 

(3) in paragraph (4), by striking ‘‘in joint duty assignments’’ 

and inserting ‘‘who are serving on, or have served on, the 

Joint Staff or are joint qualified officers’’. 

Subtitle D—General Service Authorities 

SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED 

MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY IN 

HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS. 

(a) EXTENSION OF AUTHORITY.—Section 688a(f) of title 10, 

United States Code, is amended by striking ‘‘December 31, 2010’’ 

and inserting ‘‘December 31, 2011’’. 

(b) REPORT REQUIRED.—Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report containing 

an assessment by the Secretary of the need to extend the authority 

provided by section 688a of title 10, United States Code, beyond 

December 31, 2011. The report shall include, at a minimum, the 

following: 

(1) A list of the current types of high-demand, low-density 

capabilities (as defined in such section) for which the authority 

is being used to address operational requirements. 

(2) For each high-demand, low-density capability included 

in the list under paragraph (1), the number of retired members 

of the Armed Forces who have served on active duty at any 

time during each of fiscal years 2007 through 2010 under 

the authority. 

(3) A plan to increase the required active duty strength 

for the high-demand, low-density capabilities included in the 

list under paragraph (1) to eliminate the need to use the 

authority. 

10 USC 615. 


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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— 

(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: 

Regulations. 


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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 

‘‘(a) DISPOSITION.—Except as provided in subsection (c), the 

Secretary of the military department concerned may not authorize 

the involuntary administrative separation of a member described 

in subsection (b) based on a determination that the member is 

unsuitable for deployment or worldwide assignment based on the 

same medical condition of the member considered by a Physical 

Evaluation Board during the evaluation of the member. 

‘‘(b) COVERED MEMBERS.—A member covered by subsection (a) 

is any member of the armed forces who has been determined 

by a Physical Evaluation Board pursuant to a physical evaluation 

by the board to be fit for duty. 

‘‘(c) REEVALUATION.—(1) The Secretary of the military department concerned may direct the Physical Evaluation Board to 

reevaluate any member described in subsection (b) if the Secretary 

has reason to believe that a medical condition of the member 

considered by the Physical Evaluation Board during the evaluation 

of the member described in that subsection renders the member 

unsuitable for continued military service based on the medical 

condition. 

‘‘(2) A member determined pursuant to reevaluation under paragraph (1) to be unfit to perform the duties of the member’s office, 

grade, rank, or rating may be retired or separated for physical 

disability under this chapter. 

‘‘(3) The Secretary of Defense shall be the final approval 

authority for any case determined by the Secretary of a military 

department to warrant administrative separation based on a determination that the member is unsuitable for continued service due 

to the same medical condition of the member considered by a 

Physical Evaluation Board that found the member fit for duty.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 61 of such title is amended by inserting 

after the item relating to section 1214 the following new item: 

‘‘1214a. Members determined fit for duty in Physical Evaluation Board evaluation: 

prohibition on involuntary administrative separation due to 

unsuitability based on medical conditions considered in evaluation.’’. 

(b) 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. 

10 USC 1214a 

note. 


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(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. 

‘‘(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, 

Deadline. 

Plans. 

10 USC 1562 

note. 

10 USC 848 note. 

Deadline. 

Reports. 


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not later than one year after the date of enactment of this Act, 

implementation of actions to address the following recommendations: 

(1) DEFENSE INCIDENT-BASED REPORTING SYSTEM.—The Secretary of Defense shall develop a comprehensive management 

plan to address deficiencies in the data captured in the Defense 

Incident-Based Reporting System to ensure the system can 

provide an accurate count of domestic violence incidents, and 

any consequent disciplinary action, that are reported throughout the Department of Defense. 

(2) ADEQUATE PERSONNEL.—The Secretary of Defense shall 

develop a plan to ensure that adequate personnel are available 

to implement recommendations made by the Defense Task 

Force on Domestic Violence. 

(3) DOMESTIC VIOLENCE TRAINING DATA FOR CHAPLAINS.— The Secretary of Defense shall develop a plan to collect domestic 

violence training data for chaplains. 

(4) OVERSIGHT FRAMEWORK.—The Secretary of Defense 

shall develop an oversight framework for Department of 

Defense domestic violence programs, to include oversight of 

implementation of recommendations made by the Defense Task 

Force on Domestic Violence, including budgeting, communication initiatives, and policy compliance. 

(b) IMPLEMENTATION REPORT.—The Secretary of Defense shall 

submit to the congressional defense committees an implementation 

report within 90 days of the completion of actions outlined in 

subsection (a). 

Subtitle F—Member Education and Training Opportunities and Administration 

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

(a) CLARIFICATION OF DEGREE COVERED BY PROGRAM.—Subsection (a) of section 2016 of title 10, United States Code, is 

amended by striking ‘‘a nursing degree’’ and inserting ‘‘a bachelor 

of science degree in nursing’’. 

(b) GRADUATION RATES OF TRAINING PROGRAMS.—Subsection 

(b) of such section is amended by inserting ‘‘in nursing’’ after 

‘‘bachelor of science degree’’. 

(c) LOCATION OF PROGRAMS.—Subsection (d) of such section 

is amended to read as follows: 

‘‘(d) LOCATION OF PROGRAMS.—(1) An academic institution 

selected to operate an undergraduate nurse training program shall 

establish the program at or near a military installation that has 

a military treatment facility designated as a medical center with 

inpatient capability and multiple graduate medical education programs located on the installation or within reasonable proximity 

to the installation. 

‘‘(2) Before approving a location as the site of an undergraduate 

nurse training program, the Secretary of Defense shall conduct 

an assessment to ensure that the establishment of the program 

at that location will not adversely impact or displace existing nurse 

training programs, either conducted by the Department of Defense 

or by a civilian entity, at the location.’’. 

(d) PILOT PROGRAM.— 

Assessment. 


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(1) IMPLEMENTATION.—Paragraph (2) of section 525(d) of 

the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2287; 10 U.S.C. 2016 note) 

is amended by striking ‘‘July 1, 2011’’ and inserting ‘‘December 

31, 2011’’. 

(2) GRADUATION RATES.—Paragraph (3) of such section is 

amended— 

(A) by striking the ‘‘The pilot program shall achieve’’ 

and inserting ‘‘The goal of the pilot program is to achieve’’; 

and 

(B) by striking ‘‘nurse training program’’ and inserting 

‘‘nurse training programs’’. 

SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS. 

(a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECIFIED MILITARY

SPECIALTIES.—Section 2171 of title 10, United States Code, is 

amended by adding at the end the following new subsections: 

‘‘(g) Except a person described in subsection (e) who transfers 

to service making the person eligible for repayment of loans under 

section 16301 of this title, a member of the armed forces who 

fails to complete the period of service required to qualify for loan 

repayment under this section shall be subject to the repayment 

provisions of section 303a(e) of title 37. 

‘‘(h) The Secretary of Defense may prescribe, by regulations, 

procedures for implementing this section, including standards for 

qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include 

exceptions that would allow for the payment as a lump sum of 

any loan repayment due to a member under a written agreement 

that existed at the time of a member’s death or disability.’’. 

(b) MEMBERS OF SELECTED RESERVE.—Section 16301 of such 

title is amended by adding at the end the following new subsections: 

‘‘(h) Except a person described in subsection (e) who transfers 

to service making the person eligible for repayment of loans under 

section 2171 of this title, a member of the armed forces who fails 

to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions 

of section 303a(e) of title 37. 

‘‘(i) The Secretary of Defense may prescribe, by regulations, 

procedures for implementing this section, including standards for 

qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include 

exceptions that would allow for the payment as a lump sum of 

any loan repayment due to a member under a written agreement 

that existed at the time of a member’s death or disability.’’. 

SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS 

SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM 

RECIPIENTS IN ACTIVE DUTY HEALTH PROFESSION LOAN 

REPAYMENT PROGRAM. 

Section 2173(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(4) The person is enrolled in the Armed Forces Health 

Professions Scholarship and Financial Assistance Program 

under subchapter I of chapter 105 of this title for a number 

of years less than is required to complete the normal length 

of the course of study required for the health profession concerned.’’. 

Regulations. 

Procedures. 

Standards. 


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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. 

(a) MILITARY ACADEMY GRADUATES.—Section 4348(a) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(4) That if an appointment described in paragraph (2) 

or (3) is tendered and the cadet participates in a program 

under section 2121 of this title, the cadet will fulfill any 

unserved obligation incurred under this section on active duty, 

regardless of the type of appointment held, upon completion 

of, and in addition to, any service obligation incurred under 

section 2123 of this title for participation in such program.’’. 

(b) NAVAL ACADEMY GRADUATES.—Section 6959(a) of such title 

is amended by adding at the end the following new paragraph: 

‘‘(4) That if an appointment described in paragraph (2) 

or (3) is tendered and the midshipman participates in a program 

under section 2121 of this title, the midshipman will fulfill 

any unserved obligation incurred under this section on active 

duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred 

under section 2123 of this title for participation in such program.’’. 

(c) AIR FORCE ACADEMY GRADUATES.—Section 9348(a) of such 

title is amended by adding at the end the following new paragraph: 

‘‘(4) That if an appointment described in paragraph (2) 

or (3) is tendered and the cadet participates in a program 

under section 2121 of this title, the cadet will fulfill any 

unserved obligation incurred under this section on active duty, 

regardless of the type of appointment held, upon completion 

of, and in addition to, any service obligation incurred under 

section 2123 of this title for participation in such program.’’. 

Subtitle G—Defense Dependents’ 

Education 

SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED 

FORCES WHO RESIDE IN TEMPORARY HOUSING IN 

DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT 

ELEMENTARY AND SECONDARY SCHOOLS. 

Section 2164(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3)(A) Under the circumstances described in subparagraph (B), 

the Secretary may, at the discretion of the Secretary, permit a 

dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with 

respect to residence on a military installation. 

‘‘(B) 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 

Applicability. 


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‘‘(II) while the member is wounded, ill, or injured; 

and 

‘‘(ii) the Secretary determines that the circumstances of 

such living arrangements justify extending the enrollment 

authority to include the dependents.’’. 

SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 

be appropriated for fiscal year 2011 pursuant to section 301(5) 

for operation and maintenance for Defense-wide activities, 

$30,000,000 shall be available only for the purpose of providing 

assistance to local educational agencies under subsection (a) of 

section 572 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.—Of the amount authorized to be appropriated for 

fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (b) of section 572 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 

U.S.C. 7703b). 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 8013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 

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

Of the amount authorized to be appropriated for fiscal year 

2011 pursuant to section 301(5) for operation and maintenance 

for Defense-wide activities, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

Subtitle H—Decorations and Awards 

SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF 

BRONZE STAR MEDAL. 

(a) LIMITATION ON ELIGIBLE PERSONS.—Section 1133 of title 

10, United States Code, is amended to read as follows: 

‘‘§ 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.’’. 


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(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 

engagement with a regimental-size enemy force in Bin Dinh Province, South Vietnam. 

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

KOREAN WAR. 

(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The Secretary of 

Defense may establish and conduct a program to commemorate 

the 60th anniversary of the Korean War (in this section referred 

to as the ‘‘commemorative program’’). In conducting the commemorative program, the Secretary of Defense shall coordinate and support other programs and activities of the Federal Government, 

State and local governments, and other persons and organizations 

in commemoration of the Korean War. 

(b) SCHEDULE.—If the Secretary of Defense establishes the 

commemorative program, the Secretary shall determine the 

schedule of major events and priority of efforts for the commemorative program to achieve the commemorative objectives specified 

Determination. 

10 USC 113 note. 

10 USC 1133 

note. 


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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.— 

(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 

Regulations. 

Applicability. 


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Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

1918). 

(C) Donations made in support of the commemorative 

program by private and corporate donors. 

(4) AVAILABILITY.—Subject to paragraph (5), amounts in 

the Fund shall remain available until expended. 

(5) TREATMENT OF UNOBLIGATED FUNDS; TRANSFER.—If 

unobligated amounts remain in the Fund as of September 30, 

2013, the Secretary of the Treasury shall transfer the remaining 

amounts to the Department of Defense Vietnam War 

Commemorative Fund established pursuant to section 598(e) 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 10 U.S.C. 113 note). The transferred 

amounts shall be merged with, and available for the same 

purposes as, other amounts in the Department of Defense 

Vietnam War Commemorative Fund. 

(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary of 

Defense may accept from any person voluntary services to 

be provided in furtherance of the commemorative program. 

The Secretary of Defense shall prohibit the solicitation of any 

voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of 

integrity of any program of the Department of Defense or 

of any individual involved in the program. 

(2) COMPENSATION FOR WORK-RELATED INJURY.—A person 

providing voluntary services under this subsection shall be 

considered to be a Federal employee for purposes of chapter 

81 of title 5, United States Code, relating to compensation 

for work-related injuries. The person shall also be considered 

a special governmental employee for purposes of standards 

of conduct and sections 202, 203, 205, 207, 208, and 209 of 

title 18, United States Code. A person who is not otherwise 

employed by the Federal Government shall not be considered 

to be a Federal employee for any other purpose by reason 

of the provision of voluntary services under this subsection. 

(3) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary of Defense may provide for reimbursement of incidental 

expenses incurred by a person providing voluntary services 

under this subsection. The Secretary of Defense shall determine 

which expenses are eligible for reimbursement under this paragraph. 

(g) REPORT REQUIRED.—If the Secretary of Defense conducts 

the commemorative program, the Inspector General of the Department of Defense shall submit to Congress, not later than 60 days 

after the end of the commemorative program, a report containing 

an accounting of— 

(1) all of the funds deposited into and expended from the 

Fund; 

(2) any other funds expended under this section; and 

(3) any unobligated funds remaining in the Fund as of 

September 30, 2013, that are transferred to the Department 

of Defense Vietnam War Commemorative Fund pursuant to 

subsection (e)(5). 

(h) LIMITATION ON EXPENDITURES.—Using amounts appropriated to the Department of Defense, the Secretary of Defense 

Determination. 


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may not expend more than $5,000,000 to carry out the commemorative program. 

Subtitle I—Military Family Readiness 

Matters 

SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT 

OF DEFENSE MILITARY FAMILY READINESS COUNCIL. 

(a) INCLUSION OF SPOUSE OF GENERAL OR FLAG OFFICER.— Subsection (b) of section 1781a of title 10, United States Code, 

is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraph (E) as subparagraph (F); and 

(B) by inserting after subparagraph (D) the following 

new subparagraph: 

‘‘(E) The spouse of a general or flag officer.’’; and 

(2) in paragraph (2), by striking ‘‘subparagraphs (C) and 

(D)’’ and inserting ‘‘subparagraphs (C), (D), and (E)’’. 

(b) INCLUSION OF DIRECTOR OF OFFICE OF COMMUNITY SUPPORT

FOR MILITARY FAMILIES WITH SPECIAL NEEDS.—Subsection (b)(1) 

of such section is further amended by adding at the end the following new subparagraph: 

‘‘(G) The Director of the Office of Community Support for 

Military Families With Special Needs.’’. 

(c) CLARIFICATION OF APPOINTMENT OPTIONS FOR EXISTING

MEMBER.—Subparagraph (F) of subsection (b)(1) of such section, 

as redesignated by subsection (a)(1)(A), is amended to read as 

follows: 

‘‘(F) In addition to the representatives appointed under 

subparagraphs (B) and (C), the senior enlisted advisor, or the 

spouse of a senior enlisted member, from each of the Army, 

Navy, Marine Corps, and Air Force.’’. 

(d) APPOINTMENT BY SECRETARY OF DEFENSE.—Subsection (b) 

of such section is further amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B), by striking ‘‘, who shall be 

appointed by the Secretary of Defense’’; 

(B) in subparagraph (C), by striking ‘‘, who shall be 

appointed by the Secretary of Defense’’ both places it 

appears; and 

(C) in subparagraph (D), by striking ‘‘by the Secretary 

of Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) The Secretary of Defense shall appoint the members of 

the Council required by subparagraphs (B) through (F) of paragraph 

(1).’’. 

SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY 

FAMILIES WITH SPECIAL NEEDS. 

(a) DIRECTOR OF THE OFFICE OF COMMUNITY SUPPORT FOR

MILITARY FAMILIES WITH SPECIAL NEEDS.—Subsection (c) of section 

1781c of title 10, United States Code, is amended to read as follows: 

‘‘(c) DIRECTOR.—(1) The head of the Office shall be the Director 

of the Office of Community Support for Military Families With 


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Special Needs, who shall be a member of the Senior Executive 

Service or a general officer or flag officer. 

‘‘(2) In the discharge of the responsibilities of the Office, the 

Director shall be subject to the supervision, direction, and control 

of the Under Secretary of Defense for Personnel and Readiness.’’. 

(b) ADDITIONAL RESPONSIBILITY FOR OFFICE.—Subsection (d) 

of such section is amended— 

(1) by redesignating paragraph (7) as paragraph (8); and 

(2) by inserting after paragraph (6) the following new paragraph (7): 

‘‘(7) To conduct periodic reviews of best practices in the 

United States in the provision of medical and educational services for children with special needs.’’. 

(c) ENHANCEMENT OF SUPPORT.—Section 563 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2304) is amended— 

(1) by redesignating subsection (c) as subsection (e); and 

(2) by inserting after subsection (b) the following new subsections: 

‘‘(c) MILITARY DEPARTMENT SUPPORT FOR LOCAL CENTERS TO

ASSIST MILITARY CHILDREN WITH SPECIAL NEEDS.—The Secretary 

of a military department may establish or support centers on or 

in the vicinity of military installations under the jurisdiction of 

such Secretary to coordinate and provide medical and educational 

services for children with special needs of members of the Armed 

Forces who are assigned to such installations. 

‘‘(d) ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY

FAMILIES WITH SPECIAL NEEDS.— 

‘‘(1) ESTABLISHMENT.—Not later than 90 days after the 

date of the enactment of this subsection, the Secretary of 

Defense shall establish an advisory panel on community support 

for military families with special needs. 

‘‘(2) MEMBERS.—The advisory panel shall consist of seven 

individuals who are a member of a military family with special 

needs. The Secretary of Defense shall appoint the members 

of the advisory panel. 

‘‘(3) DUTIES.—The advisory panel shall— 

‘‘(A) provide informed advice to the Director of the 

Office of Community Support for Military Families With 

Special Needs on the implementation of the policy required 

by subsection (e) of section 1781c of title 10, United States 

Code, and on the discharge of the programs required by 

subsection (f) of such section; 

‘‘(B) assess and provide information to the Director 

on services and support for children with special needs 

that is available from other departments and agencies of 

the Federal Government and from State and local governments; and 

‘‘(C) otherwise advise and assist the Director in the 

discharge of the duties of the Office of Community Support 

for Military Families With Special Needs in such manner 

as the Secretary of Defense and the Director jointly determine appropriate. 

‘‘(4) MEETINGS.—The Director shall meet with the advisory 

panel at such times, and with such frequency, as the Director 

considers appropriate. The Director shall meet with the panel Deadline. 

Appointment. 

Deadline. 

10 USC 1781c 

note. 

10 USC 1781c. 

10 USC 1781c. 


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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 communitybased organizations’’ after ‘‘service providers’’. 

(d) OPERATION OF PROGRAM DURING DEPLOYMENT AND POSTDEPLOYMENT-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 


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(2) in subsection (h), by striking ‘‘at the end of the threeyear period beginning on the date on which funds are first 

obligated for the program’’ and inserting ‘‘on December 31, 

2012’’. 

SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall carry 

out a review of all education programs of the Department of Defense 

and Department of Veterans Affairs designed to support spouses 

of members of the Armed Forces. 

(b) ELEMENTS OF REVIEW.—At a minimum, the review shall 

evaluate the following: 

(1) All education programs of the Department of Defense 

and Department of Veterans Affairs that are in place to advance 

educational opportunities for military spouses. 

(2) The efficacy and effectiveness of such education programs. 

(3) The extent to which the availability of educational 

opportunities for military spouses influences the decisions of 

members to remain in the Armed Forces. 

(4) A comparison of the costs associated with providing 

military spouse education opportunities as an incentive to 

retain members rather than recruiting or training new members. 

(c) SUBMISSION OF RESULTS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report containing— 

(1) the results of the review; and 

(2) such recommendations as the Secretary considers necessary for improving military spouse education programs. 

(d) CONSULTATION.—In conducting the review and preparing 

the report, the Secretary of Defense shall consult with the Secretary 

of Veterans Affairs regarding education programs of Department 

of Veterans Affairs assisting spouses of members of the Armed 

Forces. 

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

NEEDS. 

(a) REPORT REQUIRED.—Not later than September 30, 2011, 

the Secretary of the Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a 

report describing the needs of military families with children with 

special education needs and evaluating options to enhance the 

benefits available to such families and children under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in 

meeting such needs. 

(b) CONSULTATION.—The Secretary of Defense shall prepare 

the report in consultation with the Secretary of Education. 

(c) ELEMENTS.—In preparing the report, the Secretary of 

Defense shall— 

(1) identify and assess obstacles faced by military families 

with children with special education needs in obtaining a free 

appropriate public education to address such needs; 

(2) identify and assess evidence-based research and best 

practices for providing special education and related services 

(as those terms are defined in section 602 of the Individuals 


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with Disabilities Education Act (20 U.S.C. 1401)) for military 

children with special education needs; 

(3) assess timeliness in obtaining special education and 

related services described in paragraph (2); 

(4) determine and document the cost associated with 

obtaining special education and related services described in 

paragraph (2); 

(5) assess the feasibility of establishing an individualized 

education program for military children with special education 

needs that is applicable across jurisdictions of local educational 

agencies in order to achieve reciprocity among States in 

acknowledging such programs; 

(6) identify means of improving oversight and compliance 

with the requirements of section 614 of the Individuals with 

Disabilities Education Act (20 U.S.C. 1414) relating to a local 

educational agency supporting an existing individualized education program for a child with special education needs who 

is relocating to another State pursuant to the permanent change 

of station of a military parent until an individualized education 

program is developed and approved for such child in the State 

to which the child relocates; 

(7) assess the feasibility of establishing an expedited 

process for resolution of complaints by military parents with 

a child with special education needs about lack of access to 

education and related services otherwise specified in the 

individualized education program of the child; 

(8) assess the feasibility of permitting the Department of 

Defense to contact the State to which a military family with 

a child with special education needs will relocate pursuant 

to a permanent change of station when the orders for such 

change of station are issued, but before the family takes residence in such State, for the purpose of commencing preparation 

for education and related services specified in the individualized 

education program of the child; 

(9) assess the feasibility of establishing a system within 

the Department of Defense to document complaints by military 

parents regarding access to free and appropriate public education for their children with special education needs; 

(10) identify means to strengthen the monitoring and oversight of special education and related services for military 

children with special education needs under the Interstate Compact on Educational Opportunities for Military Children; and 

(11) consider such other matters as the Secretary of Defense 

and the Secretary of Education jointly consider appropriate. 

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

ARMED FORCES. 

(a) REPORTS REQUIRED.—Not later than six months after the 

date of the enactment of this Act, and every two years thereafter, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on Department of Defense child development centers and financial 

assistance for child care provided by the Department of Defense 

off-installation to members of the Armed Forces. 

(b) ELEMENTS.—Each report required by subsection (a) shall 

include the following, current as of the date of such report: 

10 USC 1791 

note. 


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(1) The number of child development centers currently 

located on military installations. 

(2) The number of dependents of members of the Armed 

Forces utilizing such child development centers. 

(3) The number of dependents of members of the Armed 

Forces that are unable to utilize such child development centers 

due to capacity limitations. 

(4) The types of financial assistance available for child 

care provided by the Department of Defense off-installation 

to members of the Armed Forces (including eligible members 

of the reserve components). 

(5) The extent to which members of the Armed Forces 

are utilizing such financial assistance for child care off-installation. 

(6) The methods by which the Department of Defense 

reaches out to eligible military families to increase awareness 

of the availability of such financial assistance. 

(7) The formulas used to calculate the amount of such 

financial assistance provided to members of the Armed Forces. 

(8) The funding available for such financial assistance in 

the Department of Defense and in the military departments. 

(9) The barriers to access, if any, to such financial assistance faced by members of the Armed Forces, including whether 

standards and criteria of the Department of Defense for child 

care off-installation may affect access to child care. 

(10) Any other matters the Secretary considers appropriate 

in connection with such report, including with respect to the 

enhancement of access to Department of Defense child care 

development centers and financial assistance for child care 

off-installation for members of the Armed Forces. 

Subtitle J—Other Matters 

SEC. 591. AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND 

DEPARTMENT OF DEFENSE AND COAST GUARD CIVILIAN 

EMPLOYEES AND THEIR FAMILIES TO ACCEPT GIFTS 

FROM NON-FEDERAL ENTITIES. 

(a) CODIFICATION AND EXPANSION OF EXISTING AUTHORITY TO

COVER ADDITIONAL MEMBERS AND EMPLOYEES.—Chapter 155 of 

title 10, United States Code, is amended by inserting after section 

2601 the following new section: 

‘‘§ 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). 


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‘‘(C) The family members of such a member or employee. 

‘‘(D) Survivors of such a member or employee who is killed. 

‘‘(2) The regulations required by this subsection shall— 

‘‘(A) apply uniformly to all elements of the Department 

of Defense and, to the maximum extent feasible, to the Coast 

Guard; and 

‘‘(B) require review and approval by a designated agency 

ethics official before acceptance of a gift to ensure that acceptance of the gift complies with the Joint Ethics Regulation. 

‘‘(b) COVERED MEMBERS.—This section applies to a member 

of the armed forces who, while performing active duty, full-time 

National Guard duty, or inactive-duty training on or after September 11, 2001, incurred an injury or illness— 

‘‘(1) as described in section 1413a(e)(2) of this title; or 

‘‘(2) under other circumstances determined by the Secretary 

concerned to warrant treatment analogous to members covered 

by paragraph (1). 

‘‘(c) COVERED EMPLOYEES.—This section applies to a civilian 

employee of the Department of Defense or Coast Guard who, while 

an employee on or after September 11, 2001, incurred an injury 

or illness under a circumstance described in paragraph (1) or (2) 

of subsection (c). 

‘‘(d) GIFTS FROM CERTAIN SOURCES PROHIBITED.—The regulations issued under subsection (a) may not authorize the acceptance 

of a gift from a foreign government or international organization 

or their agents.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2601 the following new item: 

‘‘2601a. Direct acceptance of gifts by members of the armed forces and Department 

of Defense and Coast Guard employees and their families.’’. 

SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS 

AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE 

UNIVERSITY. 

Section 2167(a) of title 10, United States Code, is amended 

by striking ‘‘20 full-time student positions’’ and inserting ‘‘35 fulltime 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. 

Applicability. 

Applicability. 

Applicability. 


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‘‘(2) No more than 125 defense industry employees may be 

enrolled at the United States Air Force Institute of Technology 

at any one time under the authority of paragraph (1). 

‘‘(3) Upon successful completion of the course of instruction 

at the United States Air Force Institute of Technology in which 

a defense industry employee is enrolled, the defense industry 

employee may be awarded an appropriate degree under section 

9314 of this title. 

‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.—For purposes 

of this section, an eligible defense industry employee is an individual 

employed by a private firm that is engaged in providing to the 

Department of Defense significant and substantial defense-related 

systems, products, or services. A defense industry employee 

admitted for instruction at the United States Air Force Institute 

of Technology remains eligible for such instruction only so long 

at that person remains employed by the same firm. 

‘‘(c) ANNUAL DETERMINATION BY THE SECRETARY OF THE AIR

FORCE.—Defense industry employees may receive instruction at 

the United States Air Force Institute of Technology during any 

academic year only if, before the start of that academic year, the 

Secretary of the Air Force, or the designee of the Secretary, determines that providing instruction to defense industry employees 

under this section during that year— 

‘‘(1) will further the military mission of the United States 

Air Force Institute of Technology; and 

‘‘(2) will be done on a space-available basis and not require 

an increase in the size of the faculty of the school, an increase 

in the course offerings of the school, or an increase in the 

laboratory facilities or other infrastructure of the school. 

‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of the Air Force 

shall ensure that— 

‘‘(1) the curriculum in which defense industry employees 

may be enrolled under this section is not readily available 

through other schools and concentrates on the areas of focus 

specified in subsection (a)(1) that are conducted by military 

organizations and defense contractors working in close cooperation; and 

‘‘(2) the course offerings at the United States Air Force 

Institute of Technology continue to be determined solely by 

the needs of the Department of Defense. 

‘‘(e) TUITION.—(1) The United States Air Force Institute of 

Technology shall charge tuition for students enrolled under this 

section at a rate not less than the rate charged for employees 

of the United States outside the Department of the Air Force. 

‘‘(2) Amounts received by the United States Air Force Institute 

of Technology for instruction of students enrolled under this section 

shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school. 

‘‘(f) STANDARDS OF CONDUCT.—While receiving instruction at 

the United States Air Force Institute of Technology, defense 

industry employees enrolled under this section, to the extent practicable, are subject to the same regulations governing academic 

performance, attendance, norms of behavior, and enrollment as 

apply to Government civilian employees receiving instruction at 

the school.’’. 


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124 STAT. 4234 PUBLIC LAW 111–383—JAN. 7, 2011 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 9314 the following new item: 

‘‘9314a. United States Air Force Institute of Technology: admission of defense industry civilians.’’. 

SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE 

CORPS. 

Paragraph (5) of section 3068 of title 10, United States Code, 

is amended— 

(1) in subparagraph (A), by striking ‘‘Pharmacy, Supply, 

and Administration’’ and inserting ‘‘Administrative Health 

Services’’; 

(2) in subparagraph (C), by striking ‘‘Sanitary Engineering’’ 

and inserting ‘‘Preventive Medicine Sciences’’; and 

(3) in subparagraph (D), by striking ‘‘Optometry’’ and 

inserting ‘‘Clinical Health Sciences’’. 

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

Section 2193b(g) of title 10, United States Code, is amended 

by striking ‘‘90 days after the end of each fiscal year’’ and inserting 

‘‘March 31 of each year’’. 

SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL 

REPORT OF MILITARY LEADERSHIP DIVERSITY COMMISSION. 

Section 596(e)(1) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4478) is amended by striking ‘‘12 months’’ and inserting ‘‘18 

months’’. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

under another program. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

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

care professionals. 

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

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

pay, incentive pay, and bonus authorities. 

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

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

Subtitle C—Travel and Transportation Allowances 

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

inactive duty training outside of normal commuting distances. 

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


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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. 

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

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

duty to receive authorized medical care on reducing eligibility age for receipt of non-regular service retired pay. 

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

requiring assistance in everyday living with monthly personal caregiver 

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

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

pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

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

serving in combat zones. 

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

Mariana Islands. 

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

Air Station, Maine. 

Subtitle F—Other Matters 

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

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

career officers extending period of active duty. 

Subtitle A—Pay and Allowances 

SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES 

FOR RESERVIST INCOME REPLACEMENT PAYMENTS ON 

ACCOUNT OF AVAILABILITY OF COMPARABLE BENEFITS 

UNDER ANOTHER PROGRAM. 

(a) INELIGIBILITY FOR PAYMENTS.—Section 910(b) of title 37, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(3) A civilian employee of the Federal Government who is 

also a member of a reserve component is not entitled to a payment 

under this section for any period for which the employee is entitled 

to— 

‘‘(A) a differential payment under section 5538 of title 5; 

or 

‘‘(B) a comparable benefit under an administratively established program for civilian employees absent from a position 

of employment with the Federal Government in order to perform active duty in the uniformed services.’’. 

(b) 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. 

37 USC 910 note. 


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124 STAT. 4236 PUBLIC LAW 111–383—JAN. 7, 2011 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 

31, 2011’’: 

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation 

or enlistment bonus. 

(3) Section 308d(c), relating to special pay for enlisted 

members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2010’’ 

and inserting ‘‘December 31, 2011’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2010’’ 

and inserting ‘‘December 31, 2011’’: 

(1) Section 302c–1(f), relating to accession and retention 

bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected 

Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental 

officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy 

officers. 

(7) Section 302k(f), relating to accession bonus for medical 

officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental 

specialist officers in critically short wartime specialties. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4237 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 

AUTHORITIES FOR NUCLEAR OFFICERS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 

31, 2011’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 

31, 2011’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 333(i), relating to special bonus and incentive 

pay authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 351(h), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special 

duty pay. 

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high 

priority units. 

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

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2010’’ and inserting ‘‘December 

31, 2011’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 324(g), relating to accession bonus for new officers in critical skills. 

(6) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 

(7) Section 327(h), relating to incentive bonus for transfer 

between armed forces. 

(8) Section 330(f), relating to accession bonus for officer 

candidates. 


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124 STAT. 4238 PUBLIC LAW 111–383—JAN. 7, 2011 

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. 

‘‘(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. 

Regulations. 


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‘‘(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 inkind at a rate to be prescribed by the Secretaries concerned. 

‘‘(C) Reimbursement for the commercial cost of transportation. 

‘‘(4) An allowance payable under this subsection may be paid 

in advance. 

‘‘(5) Reimbursement payable under this subsection may not 

exceed the cost of Government-procured commercial round-trip air 

travel. 

‘‘(d) YELLOW RIBBON REINTEGRATION PROGRAM EVENT

DEFINED.—In this section, the term ‘Yellow Ribbon Reintegration 

Program event’ means an event authorized under section 582 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 10 U.S.C. 10101 note).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item related to section 411k the following new item: 

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

(b) APPLICABILITY.—No reimbursement may be provided under 

section 411l of title 37, United States Code, as added by subsection 

(a), for travel and transportation costs incurred before September 

30, 2010. 

Subtitle D—Disability, Retired Pay and 

Survivor Benefits 

SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR 

MEMBERS WITH GREATER THAN 30 YEARS OF SERVICE 

WHO RETIRE FOR DISABILITY. 

(a) COMPUTATION OF RETIRED PAY.—The table in section 

1401(a) of title 10, United States Code, is amended— 

(1) in the column designated ‘‘Column 2’’, by inserting 

‘‘, not to exceed 75%,’’ after ‘‘percentage of disability’’ both 

places it appears; and 

(2) by striking column 4. 

(b) RECOMPUTATION OF RETIRED OR RETAINER PAY TO REFLECT

LATER ACTIVE DUTY OF MEMBERS WHO FIRST BECAME MEMBERS

BEFORE SEPTEMBER 8, 1980.—The table in section 1402(d) of such 

title is amended— 

(1) in the column designated ‘‘Column 2’’, by inserting 

‘‘, not to exceed 75%,’’ after ‘‘percentage of disability’’; and 

(2) by striking column 4. 

(c) RECOMPUTATION OF RETIRED OR RETAINER PAY TO REFLECT

LATER ACTIVE DUTY OF MEMBERS WHO FIRST BECAME MEMBERS

AFTER SEPTEMBER 7, 1980.—The table in section 1402a(d) of such 

title is amended— 

37 USC 411l 

note. 


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124 STAT. 4240 PUBLIC LAW 111–383—JAN. 7, 2011 

(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.’’. 

(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.’’. 

10 USC 1412 

note. 

10 USC 1401 

note. 


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SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS 

WITH INJURIES OR ILLNESSES REQUIRING ASSISTANCE 

IN EVERYDAY LIVING WITH MONTHLY PERSONAL CAREGIVER STIPEND UNDER DEPARTMENT OF VETERANS 

AFFAIRS PROGRAM OF COMPREHENSIVE ASSISTANCE FOR 

FAMILY CAREGIVERS. 

Subsection (c) of section 439 of title 37, United States Code, 

is amended to read as follows: 

‘‘(c) AMOUNT.—The amount of monthly special compensation 

payable to a member under subsection (a) shall be the amount 

as follows: 

‘‘(1) The monthly amount of aid and attendance payable 

under section 1114(r)(2) of title 38. 

‘‘(2) Upon the establishment by the Secretary of Veterans 

Affairs pursuant to subparagraph (C) of section 1720G(a)(3) 

of title 38 of the schedule of monthly personal caregiver stipends 

under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph 

(A)(ii)(V) of such section, the monthly personal caregiver stipend 

payable with respect to similarly circumstanced veterans under 

such schedule, rather than the amount specified in paragraph 

(1).’’. 

SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE 

REQUIREMENTS FOR RETIRED PAY FOR NON-REGULAR 

SERVICE. 

It is the sense of Congress that— 

(1) the amendments made to section 12731 of title 10, 

United States Code, by section 647 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

122 Stat. 160) were intended to reduce the minimum age at 

which members of a reserve component of the Armed Forces 

would begin receiving retired pay according to time spent 

deployed, by three months for every 90-day period spent on 

active duty over the course of a career, rather than limiting 

qualifying time to such periods wholly served within the same 

fiscal year, as interpreted by the Department of Defense; and 

(2) steps should be taken by the Department of Defense 

to implement the congressional intent outlined in paragraph 

(1). 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations 

SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND 

RECREATION TELEPHONE SERVICES FOR USE IN CONTRACTS TO PROVIDE SUCH SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES. 

Section 885 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 265; 10 U.S.C. 2304 

note) is amended by adding at the end the following new subsection: 

‘‘(c) MORALE, WELFARE, AND RECREATION TELEPHONE SERVICES

DEFINED.—In this section, the term ‘morale, welfare, and recreation 

telephone services’ means unofficial telephone calling center services 


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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. 

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 

Deadline. 

Time period. 

Deadline. 

Reports. 


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law, policies, and housing standards are suitable in terms of the 

following: 

(1) The cost and availability of housing ashore for personnel 

assigned to sea duty. 

(2) The pay and allowances (other than basic allowance 

for housing) payable to personnel who are assigned to sea 

duty, including basic pay, career sea pay, and the family separation allowance. 

(3) The comparability in levels of compensation for single 

and married personnel, with and without dependents, who are 

assigned to sea duty. 

(4) The provision of appropriate quality of life and retention 

incentives for members in all grades who are assigned to sea 

duty. 

(5) The provision of appropriate recognition and motivation 

for promotion to higher military grades of personnel who are 

assigned to sea duty. 

(6) Budgetary constraints and rising personnel costs. 

SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF 

SPECIAL PAY FOR AVIATION CAREER OFFICERS 

EXTENDING PERIOD OF ACTIVE DUTY. 

(a) REPORT REQUIRED.—Not later than August 1, 2011, the 

Secretary of Defense shall submit to the congressional defense 

committees a report regarding the use and management of the 

special pay programs authorized in section 301b of title 37, United 

States Code, for aviation career officers extending a period of active 

duty. 

(b) ELEMENTS OF REPORT.—The report required by subsection 

(a) shall include the following: 

(1) A review of the programs operated by the Secretaries 

of the military departments, including— 

(A) directives and guidelines issued by the Secretary 

of Defense; 

(B) the number of aviation officers receiving the special 

pay, listed by weapon system; 

(C) the weapon systems for which special pay is not 

authorized and the number of aviation officers affected 

by such exclusion; 

(D) the policy and structure of the programs and the 

retention philosophy supporting the policy and structure 

of the programs; 

(E) the amounts paid to individual aviation officers, 

annually and over the course of a career; and 

(F) the amounts budgeted annually for such programs. 

(2) An accounting of aviation officers receiving the special 

pay who have an active duty service commitment and the 

totals of aviation officers and allocated funding by types of 

active duty service commitment. 

(3) A review of retention trends for aviation officers, generally and by weapon system, within the military departments 

and an assessment of the factors that influence retention 

trends, and the reliability and durability of those trends if 

such factors are altered. 

(4) An assessment of the funds that can be saved by restructuring or eliminating such programs to reduce payments to 

aviation officers associated with those weapon systems with 


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strong retention trends and aviation officers with active duty 

service commitments. 

(5) A review of the demand for former military aviation 

officers to fulfill commercial airline hiring requirements, recent 

data regarding airline hiring of former military aviation officers, 

and an assessment of the methods used by airlines to qualify 

pilot candidates for employment as commercial pilots. 

(6) Any recommendations for modifications of title 37, 

United States Code, relating to special pay for aviation career 

officers extending a period of active duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

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

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

Sec. 703. Survivor dental benefits. 

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

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

system of pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

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

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

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

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

Sec. 715. Health information technology. 

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

Subtitle C—Other Matters 

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

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

members of the Armed Forces before and after deployment. 

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

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

Subtitle A—Improvements to Health 

Benefits 

SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN 

HEALTH CARE COSTS. 

(a) CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Section 

1097(e) of title 10, United States Code, is amended by striking 

‘‘September 30, 2009’’ and inserting ‘‘September 30, 2011’’. 

(b) CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of such 

title is amended by striking ‘‘September 30, 2010’’ and inserting 

‘‘September 30, 2011’’. 

SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER THE TRICARE 

PROGRAM. 

(a) DEPENDENT COVERAGE.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 


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‘‘§ 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 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.’’. 

10 USC 1110b 

note. 

Deadline. 

Requirements. 

Procedures. 

Determination. 

Regulations. 


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

(a) TINNITUS SCREENING.— 

(1) STUDY REQUIRED.—Not later than September 30, 2011, 

the Secretary of Defense shall conduct a study to identify 

the best tests currently available to screen members of the 

Armed Forces for tinnitus. 

(2) PLAN.—Not later than December 31, 2011, the Secretary 

shall develop a plan to ensure that all members of the Armed 

Forces are screened for tinnitus prior to and after a deployment 

to a combat zone. 

(3) REPORT.—Not later than December 31, 2011, the Secretary shall submit to the congressional defense committees 

a report containing the results of the study under paragraph 

(1) and the plan under paragraph (2). 

(b) IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED

FORCES.— 

(1) IN GENERAL.—In accordance with section 721 of the 

Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4506), the Secretary 

of Defense shall examine methods to improve the aural protection for members of the Armed Forces in combat. 

(2) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary shall submit to the 

congressional defense committees a report on the methods to 

improve aural protection examined under subsection (a). 

(c) CENTER OF EXCELLENCE.—The Secretary shall ensure that 

all studies, findings, plans, and reports conducted or submitted 

under this section are transmitted to the center of excellence established by section 721 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4506). 

SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 

UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM. 

During the period beginning on October 1, 2010, and ending 

on September 30, 2011, the cost sharing requirements established 

under paragraph (6) of section 1074g(a) of title 10, United States 

Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not 

exceed amounts as follows: 

(1) In the case of generic agents, $3. 

(2) In the case of formulary agents, $9. 

(3) In the case of nonformulary agents, $22. 

Subtitle B—Health Care Administration 

SEC. 711. ADMINISTRATION OF TRICARE. 

Subsection (a) of section 1073 of title 10, United States Code, 

is amended— 

(1) by striking ‘‘Except’’ and inserting ‘‘(1) Except’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Except as otherwise provided in this chapter, the Secretary 

of Defense shall have responsibility for administering the TRICARE 

program and making any decision affecting such program.’’. 

Time period. 

Deadlines. 


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

(a) REQUIREMENT FOR POSTDEPLOYMENT HEALTH REASSESSMENTS.—Paragraph (1) of subsection (b) of section 1074f of title 

10, United States Code, is amended to read as follows: 

‘‘(1)(A) The system described in subsection (a) shall include 

the use of predeployment medical examinations and postdeployment 

medical examinations (including the assessment of mental health 

and the drawing of blood samples) and postdeployment health 

reassessments to— 

‘‘(i) accurately record the health status of members before 

their deployment; 

‘‘(ii) accurately record any changes in their health status 

during the course of their deployment; and 

‘‘(iii) identify health concerns, including mental health concerns, that may become manifest several months following their 

deployment. 

‘‘(B) The postdeployment medical examination shall be conducted when the member is redeployed or otherwise leaves an 

area in which the system is in operation (or as soon as possible 

thereafter). 

‘‘(C) The postdeployment health reassessment shall be conducted at an appropriate time during the period beginning 90 

days after the member is redeployed and ending 180 days after 

the member is redeployed.’’. 

(b) INCORPORATION IN REASSESSMENTS OF ELEMENTS OF

PREDEPLOYMENT AND POSTDEPLOYMENT MEDICAL EXAMINATIONS.— 

Paragraph (2) of such subsection is amended by striking ‘‘and 

postdeployment medical examination’’ and inserting ‘‘medical examination, postdeployment medical examination, and postdeployment 

health reassessment’’. 

(c) RECORDKEEPING.—Subsection (c) of such section is 

amended— 

(1) by inserting ‘‘and reassessments’’ after ‘‘medical 

examinations’’; and 

(2) by inserting ‘‘and the prescription and administration 

of psychotropic medications’’ after ‘‘including immunizations’’. 

(d) QUALITY ASSURANCE.—Subsection (d) of such section is 

amended— 

(1) in paragraph (1), by striking ‘‘and postdeployment medical examinations’’ and inserting ‘‘, postdeployment medical 

examinations, and postdeployment health reassessments’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A), by inserting ‘‘and reassessments’’ after ‘‘postdeployment health assessments’’; and 

(B) in subparagraph (B), by inserting ‘‘and reassessments’’ after ‘‘such assessments’’. 

SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS 

APPLICABLE TO MILITARY HEALTH-CARE PROFESSIONALS 

WHO ARE MEMBERS OF THE NATIONAL GUARD PERFORMING CERTAIN DUTY WHILE IN STATE STATUS. 

Section 1094(d) of title 10, United States Code, is amended— 

(1) in paragraph (1), by inserting ‘‘or (3)’’ after ‘‘paragraph 

(2)’’; 

Time period. 


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(2) in paragraph (2), by inserting ‘‘as being described in 

this paragraph’’ after ‘‘paragraph (1)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) A health-care professional referred to in paragraph (1) 

as being described in this paragraph is a member of the National 

Guard who— 

‘‘(A) has a current license to practice medicine, osteopathic 

medicine, dentistry, or another health profession; and 

‘‘(B) is performing training or duty under section 502(f) 

of title 32 in response to an actual or potential disaster.’’. 

SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR 

MEDICAL CORPS OFFICERS. 

(a) REVIEW OF TRAINING PROGRAMS FOR MEDICAL OFFICERS.— 

(1) REVIEW.—The Secretary of Defense shall conduct a 

review of training programs for medical officers (as defined 

in section 101(b)(14) of title 10, United States Code) to ensure 

that the academic and military performance of such officers 

has been completely documented in military personnel records. 

The programs reviewed shall include, at a minimum, the following: 

(A) Programs at the Uniformed Services University 

of the Health Sciences that award a medical doctor degree. 

(B) Selected residency programs at military medical 

treatment facilities, as determined by the Secretary, to 

include at least one program in each of the specialties 

of— 

(i) anesthesiology; 

(ii) emergency medicine; 

(iii) family medicine; 

(iv) general surgery; 

(v) neurology; 

(vi) obstetrics/gynecology; 

(vii) pathology; 

(viii) pediatrics; and 

(ix) psychiatry. 

(2) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the findings 

of the review under paragraph (1). 

(b) ANNUAL REPORT ON GRADUATE MEDICAL EDUCATION PROGRAMS.— 

(1) ANNUAL REPORT.—Not later than April 1, 2011, and 

annually thereafter through 2015, the Secretary of Defense 

shall submit to the congressional defense committees a report 

on the status of the graduate medical education programs of 

the Department of Defense. 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include the following: 

(A) An identification of each graduate medical education program of the Department of Defense in effect 

during the previous fiscal year, including for each such 

program, the military department responsible, the location, 

the medical specialty, the period of training required, and 

the number of students by year. 


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(B) The status of each program referred to in subparagraph (A), including, for each such program, an identification of the fiscal year in which the last action was taken 

with respect to each of the following: 

(i) Initial accreditation. 

(ii) Continued accreditation. 

(iii) If applicable, probation, and the reasons for 

probationary status. 

(iv) If applicable, withheld or withdrawn accreditation, and the reasons for such action. 

(C) A discussion of trends in the graduate medical 

education programs of the Department. 

(D) A discussion of challenges faced by such programs, 

and a description and assessment of strategies and plans 

to address such challenges. 

(E) Such other matters as the Secretary considers 

appropriate. 

SEC. 715. HEALTH INFORMATION TECHNOLOGY. 

(a) ENTERPRISE RISK ASSESSMENT METHODOLOGY STUDY.— 

(1) STUDY REQUIRED.—The Secretary of Defense shall conduct an enterprise risk assessment methodology study of all 

health information technology programs of the Department of 

Defense. 

(2) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

congressional defense committees a report containing the 

results of the study required under paragraph (1). 

(b) REPORT ON HEALTH INFORMATION TECHNOLOGY ORGANIZATIONAL STRUCTURE AND FUTURE PLANS.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

on the organizational structure for health information technology within the Department of Defense. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) Organizational charts for all organizations involved 

with health information technology showing, at a minimum, 

the senior positions in each office and each activity. 

(B) A description of the functions and responsibilities, 

to include policy formulation, policy and program execution, 

and program oversight, of each senior position for health 

information technology. 

(C) An assessment of how well the health information 

systems of the Department of Defense interact with the 

health information systems of— 

(i) the Department of Veterans Affairs; and 

(ii) entities other than the Federal Government. 

(D) A description of the role played by the Interagency 

Program Office established by section 1635 of the Wounded 

Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 

1071 note) and whether the office is satisfactorily performing the functions required by such section, as well 

as recommendations for administrative or legislative action 

as the Secretary considers appropriate. 


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(E) A complete description of all future plans for legacy 

systems and new electronic health record initiatives, 

including the joint virtual lifetime electronic record. 

(F) The results of the survey described in paragraph 

(3). 

(3) SURVEY.—The Secretary shall conduct a survey of users 

of the health information technology systems of the Department 

of Defense to assess the benefits and failings of such systems. 

(4) DEFINITIONS.—In this subsection: 

(A) The term ‘‘senior position’’ means a position filled 

by a member of the senior executive service, a position 

on the Executive Schedule established pursuant to title 

5, United States Code, or a position filled by a general 

or flag officer. 

(B) The term ‘‘senior personnel’’ means personnel who 

are members of the senior executive service, who fill a 

position listed on the Executive Schedule established pursuant to title 5, United States Code, or who are general 

or flag officers. 

(c) REPORT ON GAO REPORT REQUIRED.—Not later than March 

31, 2011, the Secretary of Defense shall submit to the congressional 

defense committees a report on the report by the Comptroller General of the United States titled ‘‘Information Technology: Opportunities Exist to Improve Management of DOD’s Electronic Health 

Record Initiative’’ (GAO-11-50), including— 

(1) the status of implementing the recommendations made 

in such report; and 

(2) for each such recommendation that has not been implemented, the reason why the recommendation has not been 

implemented. 

SEC. 716. EDUCATION AND TRAINING ON USE OF PHARMACEUTICALS 

IN REHABILITATION PROGRAMS FOR WOUNDED WARRIORS. 

(a) EDUCATION AND TRAINING REQUIRED.—The Secretary of 

Defense shall develop and implement training, available through 

the Internet or other means, on the use of pharmaceuticals in 

rehabilitation programs for seriously ill or injured members of the 

Armed Forces. 

(b) RECIPIENTS OF TRAINING.—The training developed and 

implemented under subsection (a) shall be training for each category 

of individuals as follows: 

(1) Patients in or transitioning to a wounded warrior unit, 

with special accommodation in such training for such patients 

with cognitive disabilities. 

(2) Nonmedical case managers. 

(3) Military leaders. 

(4) Family members. 

(c) ELEMENTS OF TRAINING.—The training developed and implemented under subsection (a) shall include the following: 

(1) An overview of the fundamentals of safe prescription 

drug use. 

(2) Familiarization with the benefits and risks of using 

pharmaceuticals in rehabilitation therapies. 

(3) Examples of the use of pharmaceuticals for individuals 

with multiple, complex injuries, including traumatic brain 

injury and post-traumatic stress disorder. 

10 USC 1074g 

note. 


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(4) Familiarization with means of finding additional 

resources for information on pharmaceuticals. 

(5) Familiarization with basic elements of pain and 

pharmaceutical management. 

(6) Familiarization with complementary and alternative 

therapies. 

(d) TAILORING OF TRAINING.—The training developed and implemented under subsection (a) shall appropriately tailor the elements 

specified in subsection (c) for and among each category of individuals 

set forth in subsection (b). 

(e) REVIEW OF PHARMACY.— (1) REVIEW.—The Secretary shall review all policies and 

procedures of the Department of Defense regarding the use 

of pharmaceuticals in rehabilitation programs for seriously ill 

or injured members of the Armed Forces. 

(2) RECOMMENDATIONS.—Not later than September 20, 

2011, the Secretary shall submit to the congressional defense 

committees any recommendations for administrative or legislative action with respect to the review under paragraph (1) 

as the Secretary considers appropriate. 

Subtitle C—Other Matters 

SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARATIONS 

RESULTING FROM REFUSAL TO PARTICIPATE IN ANTHRAX 

VACCINE IMMUNIZATION PROGRAM. 

Section 1178 of title 10, United States Code, is amended— 

(1) by striking ‘‘(a) REQUIREMENT TO ESTABLISH SYSTEM.— ’’; and 

(2) by striking subsection (b). 

SEC. 722. COMPREHENSIVE POLICY ON CONSISTENT NEUROLOGICAL 

COGNITIVE ASSESSMENTS OF MEMBERS OF THE ARMED 

FORCES BEFORE AND AFTER DEPLOYMENT. 

(a) COMPREHENSIVE POLICY REQUIRED.—Not later than January 

31, 2011, the Secretary of Defense shall develop and implement 

a comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment. 

(b) UPDATES.—The Secretary shall revise the policy required 

by subsection (a) on a periodic basis in accordance with experience 

and evolving best practice guidelines. 

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

MILITARY OCCUPATION. 

(a) ASSESSMENT.—The Secretaries of the military departments 

shall each conduct an assessment of post-traumatic stress disorder 

incidence by military occupation, including identification of military 

occupations with a high incidence of such disorder. 

(b) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretaries shall each submit to the 

congressional defense committees a report on the assessment under 

subsection (a). 

(c) CENTERS OF EXCELLENCE.—The Secretary of Defense shall 

ensure that all studies, findings, plans, and reports conducted or 

submitted under this section are transmitted to the centers of 

excellence established by sections 1621 and 1622 of the Wounded 

Warrior Act (title XVI of Public Law 110–181). 

Deadline. 

10 USC 1074f 

note. 

Deadline. 


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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. 

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. 

Deadline. 

Regulations. 


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Sec. 842. Department of Defense policy on acquisition and performance of sustainable products and services. Sec. 843. Assessment and plan for critical rare earth materials in defense applications. 

Sec. 844. Review of national security exception to competition. 

Sec. 845. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation. Sec. 846. Procurement of photovoltaic devices. 

Sec. 847. Non-availability exception from Buy American requirements for procurement of hand or measuring tools. Sec. 848. Contractor logistics support of contingency operations. 

Subtitle F—Improve Acquisition Act 

Sec. 860. Short title. 

PART I—DEFENSE ACQUISITION SYSTEM

Sec. 861. Improvements to the management of the defense acquisition system. 

Sec. 862. Comptroller General report on Joint Capabilities Integration and Development System. Sec. 863. Requirements for the acquisition of services. 

Sec. 864. Review of defense acquisition guidance. 

Sec. 865. Requirement to review references to services acquisition throughout the 

Federal Acquisition Regulation and the Defense Federal Acquisition 

Regulation Supplement. Sec. 866. Pilot program on acquisition of military purpose nondevelopmental 

items. 

PART II—DEFENSE ACQUISITION WORKFORCE

Sec. 871. Acquisition workforce excellence. 

Sec. 872. Amendments to the acquisition workforce demonstration project. 

Sec. 873. Career development for civilian and military personnel in the acquisition 

workforce. 

Sec. 874. Recertification and training requirements. 

Sec. 875. Information technology acquisition workforce. 

Sec. 876. Definition of acquisition workforce. 

Sec. 877. Defense Acquisition University curriculum review. 

PART III—FINANCIAL MANAGEMENT

Sec. 881. Audit readiness of financial statements of the Department of Defense. 

Sec. 882. Review of obligation and expenditure thresholds. 

Sec. 883. Disclosure and traceability of the cost of Department of Defense health 

care contracts. 

PART IV—INDUSTRIAL BASE

Sec. 891. Expansion of the industrial base. 

Sec. 892. Price trend analysis for supplies and equipment purchased by the Department of Defense. 

Sec. 893. Contractor business systems. 

Sec. 894. Review and recommendations on eliminating barriers to contracting with 

the Department of Defense. Sec. 895. Inclusion of the providers of services and information technology in the 

national technology and industrial base. Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy; Industrial Base Fund. 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS. 

(a) IN GENERAL.—Section 2320 of title 10, United States Code, 

is amended— 

(1) in subsection (c)(2)— 

(A) by striking ‘‘subsection (a), allowing’’ and inserting 

‘‘subsection (a)— 

‘‘(A) allowing’’; and 

(B) by adding at the end the following new subparagraph: 


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‘‘(B) allowing a covered litigation support contractor 

access to and use of any technical, proprietary, or confidential data delivered under a contract for the sole purpose 

of providing litigation support to the Government in the 

form of administrative, technical, or professional services 

during or in anticipation of litigation; or’’; and 

(2) by inserting after subsection (f) the following: 

‘‘(g) In this section, the term ‘covered litigation support contractor’ means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide 

litigation support, which contractor executes a contract with the 

Government agreeing to and acknowledging— 

‘‘(1) that proprietary or nonpublic technical data furnished 

will be accessed and used only for the purposes stated in 

that contract; 

‘‘(2) that the covered litigation support contractor will take 

all reasonable steps to protect the proprietary and nonpublic 

nature of the technical data furnished to the covered litigation 

support contractor; and 

‘‘(3) that such technical data provided to the covered litigation support contractor under the authority of this section shall 

not be used by the covered litigation support contractor to 

compete against the third party for Government or non-Government contracts.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date that is 120 days after the date 

of the enactment of this Act. 

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

(a) DESIGNATION AS MAJOR SUBPROGRAM.—Not later than 30 

days after the date of the enactment of this Act, the Secretary 

of Defense shall designate an engine development and procurement 

program as a major subprogram of the F–35 Lightning II aircraft 

major defense acquisition program, in accordance with section 2430a 

of title 10, United States Code. 

(b) ORIGINAL BASELINE.—For purposes of reporting requirements referred to in section 2430a(b) of title 10, United States 

Code, for the major subprogram designated under subsection (a), 

the Secretary shall use the Milestone B decision as the original 

baseline for the subprogram. 

(c) ACTIONS FOLLOWING CRITICAL COST GROWTH.— 

(1) IN GENERAL.—Subject to paragraph (2), to the extent 

that the Secretary elects to restructure the Lightning II aircraft 

major defense acquisition program subsequent to a reassessment and actions required by subsections (a) and (c) of section 

2433a of title 10, United States Code, during fiscal year 2010, 

and also conducts such reassessment and actions with respect 

to an F–35 engine development and procurement program 

(including related reporting based on the original baseline as 

defined in subsection (c)), the requirements of section 2433a 

of such title with respect to a major subprogram designated 

under subsection (a) shall be considered to be met with respect 

to the major subprogram. 

(2) LIMITATION.—Actions taken in accordance with paragraph (1) shall be considered to meet the requirements of 

section 2433a of title 10, United States Code, with respect 

Deadline. 

10 USC 2320 

note. 

Definition. 


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to a major subprogram designated under subsection (a) only 

to the extent that designation as a major subprogram would 

require the Secretary of Defense to conduct a reassessment 

and take actions pursuant to such section 2433a for such a 

subprogram upon enactment of this Act. The requirements 

of such section 2433a shall not be considered to be met with 

respect to such a subprogram in the event that additional 

programmatic changes, following the date of the enactment 

of this Act, cause the program acquisition unit cost or procurement unit cost of such a subprogram to increase by a percentage 

equal to or greater than the critical cost growth threshold 

(as defined in section 2433(a)(5) of such title) for the subprogram. 

SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY 

TO RESPOND TO COMBAT AND SAFETY EMERGENCIES 

THROUGH RAPID ACQUISITION AND DEPLOYMENT OF 

URGENTLY NEEDED SUPPLIES. 

(a) REQUIREMENT TO ESTABLISH PROCEDURES.—Subsection (a) 

of section 806 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘items’’ and inserting ‘‘supplies’’; and 

(2) by striking paragraph (1) and inserting the following 

new paragraph (1): 

‘‘(1)(A) currently under development by the Department 

of Defense or available from the commercial sector; or 

‘‘(B) require only minor modifications to supplies described 

in subparagraph (A); and’’. 

(b) ISSUES TO BE ADDRESSED.—Subsection (b) of such section 

is amended— 

(1) in paragraph (1)(B), by striking ‘‘items’’ and inserting 

‘‘supplies’’; and 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘items’’ and inserting ‘‘supplies’’; 

(B) in subparagraphs (A) and (B), by striking ‘‘an item’’ 

and inserting ‘‘the supplies’’; and 

(C) in subparagraph (C), by inserting ‘‘and utilization’’ 

after ‘‘deployment’’. 

(c) RESPONSE TO COMBAT EMERGENCIES.—Subsection (c) of such 

section is amended— 

(1) by striking ‘‘equipment’’ each place it appears other 

than paragraph (5) and inserting ‘‘supplies’’; 

(2) by striking ‘‘combat capability’’ each place it appears; 

(3) by striking ‘‘that has resulted in combat fatalities’’ 

each place it appears and inserting ‘‘that has resulted in combat 

casualties, or is likely to result in combat casualties’’; 

(4) in paragraph (1), by striking ‘‘is’’ and inserting ‘‘are’’; 

(5) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘is’’ each place 

it appears and inserting ‘‘are’’; and 

(B) in subparagraph (B), by striking ‘‘fatalities’’ at the 

end and inserting ‘‘casualties’’; 

(6) by amending paragraph (3) to read as follows: 

‘‘(3) In any fiscal year in which the Secretary makes a determination described in paragraph (1), the Secretary may use any 


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funds available to the Department of Defense for that fiscal year 

for acquisitions of supplies under this section if the determination 

includes a written finding that the use of such funds is necessary 

to address the combat capability deficiency in a timely manner. 

The authority of this section may not be used to acquire supplies 

in an amount aggregating more than $200,000,000 during any 

such fiscal year.’’; 

(7) in paragraph (4)— 

(A) by inserting ‘‘, in consultation with the Director 

of the Office of Management and Budget,’’ after ‘‘shall’’; 

and 

(B) by striking ‘‘Each such notice’’ and inserting ‘‘For 

each such determination, the notice under the preceding 

sentence’’; and 

(8) in paragraph (5), by striking ‘‘that equipment’’ and 

inserting ‘‘the supplies concerned’’. 

(d) WAIVER OF CERTAIN STATUES AND REGULATIONS.—Subsection (d)(1) of such section is amended by striking ‘‘equipment’’ 

in subparagraphs (A), (B), and (C) and inserting ‘‘supplies’’. 

(e) TESTING REQUIREMENT.—Subsection (e) of such section is 

amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘an item’’ and inserting ‘‘the supplies’’; and 

(B) in subparagraph (B), by striking ‘‘of the item’’ and 

all that follows through ‘‘requirements document’’ and 

inserting ‘‘of the supplies in meeting the original requirements for the supplies (as stated in a statement of the 

urgent operational need’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘an item’’ and inserting ‘‘supplies’’; and 

(B) by striking ‘‘the item’’ and inserting ‘‘the supplies’’; 

and 

(3) in paragraph (3), by striking ‘‘items’’ each place it 

appears and inserting ‘‘supplies’’. 

(f) LIMITATION.—Subsection (f) of such section is amended to 

read as follows: 

‘‘(f) LIMITATION.—In the case of supplies that are part of a 

major system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, 

United States Code, the quantity of such supplies acquired using 

the procedures prescribed pursuant to this section may not exceed 

an amount consistent with complying with limitations on the 

quantity of articles approved for low-rate initial production for 

such system. Any such supplies shall be included in any relevant 

calculation of quantities for low-rate initial production for the 

system concerned.’’. 

SEC. 804. REVIEW OF ACQUISITION PROCESS FOR RAPID FIELDING 

OF CAPABILITIES IN RESPONSE TO URGENT OPERATIONAL 

NEEDS. 

(a) REVIEW OF RAPID ACQUISITION PROCESS REQUIRED.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall 

complete a review of the process for the fielding of capabilities 

in response to urgent operational needs and submit a report 

on the review to the congressional defense committees. 

Deadline. 

Reports. 

10 USC 2302 

note. 

10 USC 806. 


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(2) REVIEW AND REPORT REQUIREMENTS.—The review 

pursuant to this section shall include consideration of various 

improvements to the acquisition process for rapid fielding of 

capabilities in response to urgent operational needs. For each 

improvement, the report on the review shall discuss— 

(A) the Department’s review of the improvement; 

(B) if the improvement is being implemented by the 

Department, a schedule for implementing the improvement; 

and 

(C) if the improvement is not being implemented by 

the Department, an explanation of why the improvement 

is not being implemented. 

(3) IMPROVEMENTS TO BE CONSIDERED.—The improvements 

that shall be considered during the review are the following: 

(A) Providing a streamlined, expedited, and tightly 

integrated iterative approach to— 

(i) the identification and validation of urgent operational needs; 

(ii) the analysis of alternatives and identification 

of preferred solutions; 

(iii) the development and approval of appropriate 

requirements and acquisition documents; 

(iv) the identification and minimization of development, integration, and manufacturing risks; 

(v) the consideration of operation and sustainment 

costs; 

(vi) the allocation of appropriate funding; and 

(vii) the rapid production and delivery of required 

capabilities. 

(B) Clearly defining the roles and responsibilities of 

the Office of the Secretary of Defense, the Joint Chiefs 

of Staff, the military departments, and other components 

of the Department of Defense for carrying out all phases 

of the process. 

(C) Designating a senior official within the Office of 

the Secretary of Defense with primary responsibility for 

making recommendations to the Secretary on the use of 

the authority provided by subsections (c) and (d) of section 

806 of the Bob Stump National Defense Authorization Act 

for Fiscal Year 2003 (10 U.S.C. 2302 note), as amended 

by section 803 of this Act, in appropriate circumstances. 

(D) Establishing a target date for the fielding of a 

capability pursuant to each validated urgent operational 

need. 

(E) Implementing a system for— 

(i) documenting key process milestones, such as 

funding, acquisition, fielding, and assessment decisions 

and actions; and 

(ii) tracking the cost, schedule, and performance 

of acquisitions conducted pursuant to the process. 

(F) Establishing a formal feedback mechanism for the 

commanders of the combatant commands to provide 

information to the Joint Chiefs of Staff and senior acquisition officials on how well fielded solutions are meeting 

urgent operational needs. 


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(G) Establishing a dedicated source of funding for the 

rapid fielding of capabilities in response to urgent operational needs. 

(H) Issuing guidance to provide for the appropriate 

transition of capabilities acquired through rapid fielding 

into the traditional budget, requirements, and acquisition 

process for purposes of contracts for follow-on production, 

sustainment, and logistics support. 

(I) Such other improvements as the Secretary considers 

appropriate. 

(b) DISCRIMINATING URGENT OPERATIONAL NEEDS FROM TRADITIONAL REQUIREMENTS.— 

(1) EXPEDITED REVIEW PROCESS.—Not later than 270 days 

after the date of the enactment of this Act, the Secretary 

shall develop and implement an expedited review process to 

determine whether capabilities proposed as urgent operational 

needs are appropriate for fielding through the process for the 

rapid fielding of capabilities or should be fielded through the 

traditional acquisition process. 

(2) ELEMENTS.—The review process developed and implemented pursuant to paragraph (1) shall— 

(A) apply to the rapid fielding of capabilities in 

response to joint urgent operational need statements and 

to other urgent operational needs statements generated 

by the military departments and the combatant commands; 

(B) identify officials responsible for making determinations described in paragraph (1); 

(C) establish appropriate time periods for making such 

determinations; 

(D) set forth standards and criteria for making such 

determinations based on considerations of urgency, risk, 

and life-cycle management; 

(E) establish appropriate thresholds for the applicability of the review process, or of elements of the review 

process; and 

(F) authorize appropriate officials to make exceptions 

from standards and criteria established under subparagraph (D) in exceptional circumstances. 

(3) COVERED CAPABILITIES.—The review process developed 

and implemented pursuant to paragraph (1) shall provide that, 

subject to such exceptions as the Secretary considers appropriate for purposes of this section, the acquisition process for 

rapid fielding of capabilities in response to urgent operational 

needs is appropriate only for capabilities that— 

(A) can be fielded within a period of two to 24 months; 

(B) do not require substantial development effort; 

(C) are based on technologies that are proven and 

available; and 

(D) can appropriately be acquired under fixed price 

contracts. 

(4) INCLUSION IN REPORT.—The Secretary shall include a 

description of the expedited review process implemented pursuant to paragraph (1) in the report required by subsection (a). 

Applicability. 

Deadline. 


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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; 

‘‘(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— 


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‘‘(A) a description of the business case analysis (if 

any) that has been prepared for the program and key 

functional requirements for the program; 

‘‘(B) a description of the analysis of alternatives conducted with regard to the program; 

‘‘(C) an assessment of the extent to which the program, 

or portions of the program, have technical requirements 

of sufficient clarity that the program, or portions of the 

program, may be feasibly procured under firm, fixed-price 

contracts; 

‘‘(D) the most recent independent cost estimate or cost 

analysis for the program provided by the Director of Cost 

Assessment and Program Evaluation in accordance with 

section 2334(a)(6) of this title; 

‘‘(E) a certification by a Department of Defense acquisition official with responsibility for the program that all 

technical and business requirements have been reviewed 

and validated to ensure alignment with the business case; 

and 

‘‘(F) an explanation of the basis for the certification 

described in subparagraph (E). 

‘‘(6) For each major automated information system program 

for which the information required under paragraph (5) has 

been provided in a previous annual report, a summary of any 

significant changes to the information previously provided.’’. 

SEC. 806. REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY 

CHAIN RISK. 

(a) AUTHORITY.—Subject to subsection (b), the head of a covered 

agency may— 

(1) carry out a covered procurement action; and 

(2) limit, notwithstanding any other provision of law, in 

whole or in part, the disclosure of information relating to the 

basis for carrying out a covered procurement action. 

(b) DETERMINATION AND NOTIFICATION.—The head of a covered 

agency may exercise the authority provided in subsection (a) only 

after— 

(1) obtaining a joint recommendation by the Under Secretary of Defense for Acquisition, Technology, and Logistics 

and the Chief Information Officer of the Department of Defense, 

on the basis of a risk assessment by the Under Secretary 

of Defense for Intelligence, that there is a significant supply 

chain risk to a covered system; 

(2) making a determination in writing, in unclassified or 

classified form, with the concurrence of the Under Secretary 

of Defense for Acquisition, Technology, and Logistics, that— 

(A) use of the authority in subsection (a)(1) is necessary 

to protect national security by reducing supply chain risk; 

(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and 

(C) in a case where the head of the covered agency 

plans to limit disclosure of information under subsection 

(a)(2), the risk to national security due to the disclosure 

of such information outweighs the risk due to not disclosing 

such information; and 

10 USC 2304 

note. 


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(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include— 

(A) the information required by section 2304(f)(3) of 

title 10, United States Code; 

(B) the joint recommendation by the Under Secretary 

of Defense for Acquisition, Technology, and Logistics and 

the Chief Information Officer of the Department of Defense 

as specified in paragraph (1); 

(C) a summary of the risk assessment by the Under 

Secretary of Defense for Intelligence that serves as the 

basis for the joint recommendation specified in paragraph 

(1); and 

(D) a summary of the basis for the determination, 

including a discussion of less intrusive measures that were 

considered and why they were not reasonably available 

to reduce supply chain risk. 

(c) DELEGATION.—The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility 

to make a determination under subsection (b) to an official below 

the level of the service acquisition executive for the agency concerned. 

(d) LIMITATION ON DISCLOSURE.—If the head of a covered agency 

has exercised the authority provided in subsection (a)(2) to limit 

disclosure of information— 

(1) no action undertaken by the agency head under such 

authority shall be subject to review in a bid protest before 

the Government Accountability Office or in any Federal court; 

and 

(2) the agency head shall— 

(A) notify appropriate parties of a covered procurement 

action and the basis for such action only to the extent 

necessary to effectuate the covered procurement action; 

(B) notify other Department of Defense components 

or other Federal agencies responsible for procurements that 

may be subject to the same or similar supply chain risk, 

in a manner and to the extent consistent with the requirements of national security; and 

(C) ensure the confidentiality of any such notifications. 

(e) DEFINITIONS.—In this section: 

(1) HEAD OF A COVERED AGENCY.—The term ‘‘head of a 

covered agency’’ means each of the following: 

(A) The Secretary of Defense. 

(B) The Secretary of the Army. 

(C) The Secretary of the Navy. 

(D) The Secretary of the Air Force. 

(2) COVERED PROCUREMENT ACTION.—The term ‘‘covered 

procurement action’’ means any of the following actions, if 

the action takes place in the course of conducting a covered 

procurement: 

(A) The exclusion of a source that fails to meet qualification standards established in accordance with the 

requirements of section 2319 of title 10, United States 

Code, for the purpose of reducing supply chain risk in 

the acquisition of covered systems. 

(B) The exclusion of a source that fails to achieve 

an acceptable rating with regard to an evaluation factor 

Notification. 


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providing for the consideration of supply chain risk in 

the evaluation of proposals for the award of a contract 

or the issuance of a task or delivery order. 

(C) The decision to withhold consent for a contractor 

to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source 

from consideration for a subcontract under the contract. 

(3) COVERED PROCUREMENT.—The term ‘‘covered procurement’’ means— 

(A) a source selection for a covered system or a covered 

item of supply involving either a performance specification, 

as provided in section 2305(a)(1)(C)(ii) of title 10, United 

States Code, or an evaluation factor, as provided in section 

2305(a)(2)(A) of such title, relating to supply chain risk; 

(B) the consideration of proposals for and issuance 

of a task or delivery order for a covered system or a 

covered item of supply, as provided in section 2304c(d)(3) 

of title 10, United States Code, where the task or delivery 

order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or 

(C) any contract action involving a contract for a covered system or a covered item of supply where such contract 

includes a clause establishing requirements relating to 

supply chain risk. 

(4) SUPPLY CHAIN RISK.—The term ‘‘supply chain risk’’ 

means the risk that an adversary may sabotage, maliciously 

introduce unwanted function, or otherwise subvert the design, 

integrity, manufacturing, production, distribution, installation, 

operation, or maintenance of a covered system so as to surveil, 

deny, disrupt, or otherwise degrade the function, use, or operation of such system. 

(5) COVERED SYSTEM.—The term ‘‘covered system’’ means 

a national security system, as that term is defined in section 

3542(b) of title 44, United States Code. 

(6) COVERED ITEM OF SUPPLY.—The term ‘‘covered item 

of supply’’ means an item of information technology (as that 

term is defined in section 11101 of title 40, United States 

Code) that is purchased for inclusion in a covered system, 

and the loss of integrity of which could result in a supply 

chain risk for a covered system. 

(7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) in the case of a covered system included in the 

National Intelligence Program or the Military Intelligence 

Program, the Select Committee on Intelligence of the 

Senate, the Permanent Select Committee on Intelligence 

of the House of Representatives, and the congressional 

defense committees; and 

(B) in the case of a covered system not otherwise 

included in subparagraph (A), the congressional defense 

committees. 

(f) 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 

Applicability. 


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(2) task and delivery orders that are issued on or after 

such date pursuant to contracts that awarded before, on, or 

after such date. 

(g) SUNSET.—The authority provided in this section shall expire 

on the date that is three years after the date of the enactment 

of this Act. 

Subtitle B—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT 

NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION AND 

MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS. 

Section 2334 of title 10, United States Code, is amended— 

(1) in subsection (d)— 

(A) in paragraph (1)— 

(i) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’; and 

(ii) by striking ‘‘, the rationale for selecting such 

confidence level, and, if such confidence level is less 

than 80 percent, the justification for selecting a confidence level of less than 80 percent; and’’ and inserting 

‘‘and the rationale for selecting such confidence level;’’; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) ensure that such confidence level provides a high 

degree of confidence that the program can be completed without 

the need for significant adjustment to program budgets; and’’; 

(2) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; and 

(3) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) ESTIMATES FOR PROGRAM BASELINE AND ANALYSES AND

TARGETS FOR CONTRACT NEGOTIATION PURPOSES.—(1) The policies, 

procedures, and guidance issued by the Director of Cost Assessment 

and Program Evaluation in accordance with the requirements of 

subsection (a) shall provide that— 

‘‘(A) cost estimates developed for baseline descriptions and 

other program purposes conducted pursuant to subsection (a)(6) 

are not to be used for the purpose of contract negotiations 

or the obligation of funds; and 

‘‘(B) cost analyses and targets developed for the purpose 

of contract negotiations and the obligation of funds are based 

on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal 

and previous experience. 

‘‘(2) The Program Manager and contracting officer for each 

major defense acquisition program and major automated information system program shall ensure that cost analyses and targets 

developed for the purpose of contract negotiations and the obligation 

of funds are carried out in accordance with the requirements of 

paragraph (1) and the policies, procedures, and guidance issued 

by the Director of Cost Assessment and Program Evaluation. 


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124 STAT. 4264 PUBLIC LAW 111–383—JAN. 7, 2011 

‘‘(3) Funds that are made available for a major defense acquisition program or major automated information system program in 

accordance with a cost estimate conducted pursuant to subsection 

(a)(6), but are excess to a cost analysis or target developed pursuant 

to paragraph (2), shall remain available for obligation in accordance 

with the terms of applicable authorization and appropriations Acts. 

‘‘(4) Funds described in paragraph (3)— 

‘‘(A) may be used— 

‘‘(i) to cover any increased program costs identified 

by a revised cost analysis or target developed pursuant 

to paragraph (2); 

‘‘(ii) to acquire additional end items in accordance with 

the requirements of section 2308 of this title; or 

‘‘(iii) to cover the cost of risk reduction and process 

improvements; and 

‘‘(B) may be reprogrammed, in accordance with established 

procedures, only if determined to be excess to program needs 

on the basis of a cost estimate developed with the concurrence 

of the Director of Cost Assessment and Program Evaluation.’’. 

SEC. 812. MANAGEMENT OF MANUFACTURING RISK IN MAJOR 

DEFENSE ACQUISITION PROGRAMS. 

(a) GUIDANCE REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

issue comprehensive guidance on the management of manufacturing 

risk in major defense acquisition programs. 

(b) ELEMENTS.—The guidance issued under subsection (a) shall, 

at a minimum— 

(1) require the use of manufacturing readiness levels as 

a basis for measuring, assessing, reporting, and communicating 

manufacturing readiness and risk on major defense acquisition 

programs throughout the Department of Defense; 

(2) provide guidance on the definition of manufacturing 

readiness levels and how manufacturing readiness levels should 

be used to assess manufacturing risk and readiness in major 

defense acquisition programs; 

(3) specify manufacturing readiness levels that should be 

achieved at key milestones and decision points for major defense 

acquisition programs; 

(4) identify tools and models that may be used to assess, 

manage, and reduce risks that are identified in the course 

of manufacturing readiness assessments for major defense 

acquisition programs; and 

(5) require appropriate consideration of the manufacturing 

readiness and manufacturing readiness processes of potential 

contractors and subcontractors as a part of the source selection 

process for major defense acquisition programs. 

(c) MANUFACTURING READINESS EXPERTISE.—The Secretary 

shall ensure that— 

(1) the acquisition workforce chapter of the annual strategic 

workforce plan required by section 115b of title 10, United 

States Code, includes an assessment of the critical manufacturing readiness knowledge and skills needed in the acquisition 

workforce and a plan of action for addressing any gaps in 

such knowledge and skills; and 

Deadline. 

10 USC 2430 

note. 


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(2) the need of the Department for manufacturing readiness 

knowledge and skills is given appropriate consideration, comparable to the consideration given to other program management functions, as the Department identifies areas of need 

for funding through the Defense Acquisition Workforce Development Fund established in accordance with the requirements 

of section 1705 of title 10, United States Code. 

(d) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning given that term in section 2430(a) of title 10, United 

States Code. 

SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE 

WEAPON SYSTEM ACQUISITION REFORM ACT OF 2009. 

(a) EXTENSION OF REPORTING REQUIREMENTS.—Section 102(b) 

of the Weapon Systems Acquisition Reform Act of 2009 (Public 

Law 111–23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended— 

(1) in paragraph (2), by inserting ‘‘, and not later than 

February 15 of each year from 2011 through 2014’’ after ‘‘Not 

later than 180 days after the date of the enactment of this 

Act’’; and 

(2) in paragraph (3), by striking ‘‘The first annual report’’ 

and inserting ‘‘Each annual report from 2010 through 2014’’. 

(b) CLARIFICATION THAT PROTOTYPES MAY BE ACQUIRED FROM

COMMERCIAL, GOVERNMENT, OR ACADEMIC SOURCES.—Paragraph 

(4) of section 203(a) of the Weapon Systems Acquisition Reform 

Act of 2009 (Public Law 111–23; 123 Stat. 1722; 10 U.S.C. 2430 

note) is amended to read as follows: 

‘‘(4) That prototypes— 

‘‘(A) may be required under paragraph (1) or (3) for 

the system to be acquired or, if prototyping of the system 

is not feasible, for critical subsystems of the system; and 

‘‘(B) may be acquired from commercial, government, 

or academic sources.’’. 

(c) CLARIFICATION THAT CERTIFICATIONS ARE NOT REQUIRED

FOR MAJOR DEFENSE ACQUISITION PROGRAMS FOLLOWING MILESTONE C APPROVAL.—Section 204(c)(2) of the Weapon Systems 

Acquisition Reform Act of 2009 (123 Stat. 1724) is amended— 

(1) in subparagraph (A), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) has not yet achieved a Milestone C approval.’’. 

(d) CLARIFICATION THAT CERTAIN MILESTONE B CERTIFICATION

CRITERIA MAY BE WAIVED.— 

(1) WAIVER AUTHORITY.—Effective as of May 22, 2009, section 2366b(d) of title 10, United States Code, as amended 

by section 205(a)(1) of the Weapon Systems Acquisition Reform 

Act of 2009 (123 Stat. 1724), is amended— 

(A) in paragraph (1), by striking ‘‘specified in paragraph (1) or (2) of subsection (a)’’ and inserting ‘‘specified 

in paragraph (1), (2), or (3) of subsection (a)’’; and 

(B) in paragraph (2), by striking ‘‘specified in paragraphs (1) and (2) of subsection (a)’’ and inserting ‘‘specified 

in paragraphs (1), (2), and (3) of subsection (a)’’. 

Effective date. 

10 USC 2366b 

note. 

10 USC 2366a 

note. 


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(2) DETERMINATION REGARDING SATISFACTION OF CERTIFICATION COMPONENTS.—Effective as of May 22, 2009, and as 

if included therein as enacted, section 205(b)(1) of the Weapon 

Systems Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) 

is amended by striking ‘‘certification components specified in 

paragraphs (1) and (2) of subsection (a) of section 2366b of 

title 10, United States Code’’ and inserting ‘‘certification components specified in paragraphs (1), (2), and (3) of subsection 

(a) of section 2366b of title 10, United States Code’’. 

(e) CORRECTION TO REFERENCE.—Effective as of May 22, 2009, 

and as if included therein as enacted, section 205(c) of the Weapon 

Systems Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) 

is amended by striking ‘‘section 2433a(c)(3)’’ and inserting ‘‘section 

2433a(c)(1)(C)’’. 

SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 

ACQUISITION PROGRAMS UNDER VARIOUS ACQUISITIONRELATED REQUIREMENTS. 

(a) REPORTING REQUIREMENTS.—Section 2430a(b) of title 10, 

United States Code, is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘If the Secretary’’; 

(3) in subparagraph (A), as so redesignated, by inserting 

‘‘(other than as provided in paragraph (2))’’ before the semicolon; 

and 

(4) by adding at the end the following new paragraph: 

‘‘(2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection 

(a), unit costs under this chapter shall be submitted in accordance 

with the definitions in subsection (d).’’. 

(b) MILESTONE A APPROVAL CERTIFICATION REQUIREMENTS.— 

Section 2366a of such title is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘a major defense 

acquisition program certified by the Milestone Decision 

Authority under subsection (a), if the projected cost of 

the program’’ and inserting ‘‘a major defense acquisition 

program certified by the Milestone Decision Authority 

under subsection (a) or a designated major subprogram 

of such program, if the projected cost of the program or 

subprogram’’; and 

(B) in paragraph (2), by inserting ‘‘or designated major 

subprogram’’ after ‘‘major defense acquisition program’’; 

and 

(2) in subsection (c)— 

(A) by redesignating paragraphs (2), (3), (4), and (5) 

as paragraphs (3), (4), (5), and (6), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) 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)— 

Definition. 

Effective date. 

Effective date. 


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(A) by striking ‘‘any changes to the program’’ and 

inserting ‘‘any changes to the program or a designated 

major subprogram of such program’’; and 

(B) in subparagraph (B), by striking ‘‘otherwise cause 

the program’’ and inserting ‘‘otherwise cause the program 

or subprogram’’; and 

(2) in subsection (g)— 

(A) by redesignating paragraphs (2), (3), and (4) as 

paragraphs (3), (4), and (5), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) The term ‘designated major subprogram’ means a major 

subprogram of a major defense acquisition program designated 

under section 2430a(a)(1) of this title.’’. 

(d) CONFORMING AMENDMENTS TO SECTION 2399.—Subsection 

(a) of section 2399 of such title is amended to read as follows: 

‘‘(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL

PRODUCTION.—(1) The Secretary of Defense shall provide that a 

covered major defense acquisition program or a covered designated 

major subprogram may not proceed beyond low-rate initial production until initial operational test and evaluation of the program 

or subprogram is completed. 

‘‘(2) In this subsection: 

‘‘(A) The term ‘covered major defense acquisition program’ 

means a major defense acquisition program that involves the 

acquisition of a weapon system that is a major system within 

the meaning of that term in section 2302(5) of this title. 

‘‘(B) The term ‘covered designated major subprogram’ 

means a major subprogram designated under section 

2430a(a)(1) of this title that is a major subprogram of a covered 

major defense acquisition program.’’. 

(e) CONFORMING AMENDMENTS TO SECTION 2434.—Section 

2434(a) of such title is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The provisions of this section shall apply to any major 

subprogram of a major defense acquisition program (as designated 

under section 2430a(a)(1) of this title) in the same manner as 

those provisions apply to a major defense acquisition program, 

and any reference in this section to a program shall be treated 

as including such a subprogram.’’. 

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

Limitations 

SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR 

PRODUCTION OF MILITARY UNIFORMS. 

(a) EXTENSION.—Section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 229; 

10 U.S.C. 2533a note) is amended in subsection (f) by striking 

‘‘on the date that is five years after the date of the enactment 

of this Act’’ and inserting ‘‘on January 1, 2015’’. 

Applicability. 

Definitions. 

10 USC 2399. 

Definition. 


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124 STAT. 4268 PUBLIC LAW 111–383—JAN. 7, 2011 

(b) PROHIBITION ON SPECIFICATION IN SOLICITATIONS.—No 

solicitation issued before January 1, 2015, by the Department of 

Defense may include a requirement that proposals submitted pursuant to such solicitation must include the use of fire resistant rayon 

fiber. 

(c) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than March 15, 2011, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the supply chain for fire resistant 

fiber for the production of military uniforms. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include, at a minimum, an analysis of the following: 

(A) The current and anticipated sources of fire resistant 

rayon fiber for the production of military uniforms. 

(B) The extent to which fire resistant rayon fiber has 

unique properties that provide advantages for the production of military uniforms. 

(C) The extent to which the efficient procurement of 

fire resistant rayon fiber for the production of military 

uniforms is impeded by existing statutory or regulatory 

requirements. 

(D) The actions the Department of Defense has taken 

to identify alternatives to fire resistant rayon fiber for 

the production of military uniforms. 

(E) The extent to which such alternatives provide an 

adequate substitute for fire resistant rayon fiber for the 

production of military uniforms. 

(F) The impediments to the use of such alternatives, 

and the actions the Department has taken to overcome 

such impediments. 

(G) The extent to which uncertainty regarding the 

future availability of fire resistant rayon fiber results in 

instability or inefficiency for elements of the United States 

textile industry that use fire resistant rayon fiber, and 

the extent to which that instability or inefficiency results 

in less efficient business practices, impedes investment and 

innovation, and thereby results or may result in higher 

costs, delayed delivery, or a lower quality of product delivered to the Government. 

(H) The extent to which any modifications to existing 

law or regulation may be necessary to ensure the efficient 

acquisition of fire resistant fiber or alternative fire resistant 

products for the production of military uniforms. 

SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PROCUREMENTS 

FROM FIRMS IN THE SMALL ARMS PRODUCTION INDUSTRIAL BASE. 

(a) REPEAL.—Section 2473 of title 10, United States Code, is 

repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 146 of such title is amended by striking the item 

relating to section 2473. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4269 

SEC. 823. REVIEW OF REGULATORY DEFINITION RELATING TO 

PRODUCTION OF SPECIALTY METALS. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall review 

the regulations specified in subsection (b) to ensure that the definition of the term ‘‘produce’’ in such regulations complies with the 

requirements of section 2533b of title 10, United States Code. 

In carrying out the review, the Secretary shall seek public comment, 

consider congressional intent, and revise the regulations as the 

Secretary considers necessary and appropriate. 

(b) REGULATIONS SPECIFIED.—The regulations referred to in 

subsection (a) are any portion of subpart 252.2 of the defense 

supplement to the Federal Acquisition Regulation that includes 

a definition of the term ‘‘produce’’ for purposes of implementing 

section 2533b of title 10, United States Code. 

(c) COMPLETION OF REVIEW.—The Secretary shall complete the 

review required by subsection (a) and any necessary and appropriate 

revisions to the defense supplement to the Federal Acquisition 

Regulation not later than 270 days after the date of the enactment 

of this Act. 

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

(a) REVIEW OF GUIDANCE.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

review guidance issued by the military departments on the 

implementation of section 2320(e) of title 10, United States Code, 

to ensure that such guidance is consistent with the guidance issued 

by the Under Secretary of Defense for Acquisition, Technology, 

and Logistics and the requirements of this section. Such guidance 

shall be designed to ensure that the United States— 

(1) preserves the option of competition for contracts for 

the production and sustainment of systems or subsystems that 

are developed exclusively with Federal funds as defined in 

accordance with the amendments made by this section; and 

(2) is not required to pay more than once for the same 

technical data. 

(b) RIGHTS IN TECHNICAL DATA.—Section 2320(a) of title 10, 

United States Code, is amended— 

(1) in paragraph (2)(F)(i)— 

(A) by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and 

(B) by inserting before subclause (II), as so redesignated, the following new subclause (I): 

‘‘(I) rights in technical data described in subparagraph (A) for which a use or release restriction has 

been erroneously asserted by a contractor or subcontractor;’’; and 

(2) in paragraph (3), by striking ‘‘for the purposes of definitions under this paragraph’’ and inserting ‘‘for the purposes 

of paragraph (2)(B), but shall be considered to be Federal 

funds for the purposes of paragraph (2)(A)’’. 

(c) VALIDATION OF PROPRIETARY DATA RESTRICTIONS.—Section 

2321(d)(2) of title 10, United States Code, is amended— 

(1) in subparagraph (A), by striking ‘‘A challenge’’ and 

inserting ‘‘Except as provided in subparagraph (C), a challenge’’; 

and 

(2) by adding at the end the following new subparagraph 

(C): 

10 USC 2320 

note. 

Deadline. 

Public comment. 

10 USC 2533b 

note. 


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124 STAT. 4270 PUBLIC LAW 111–383—JAN. 7, 2011 

‘‘(C) The limitation in this paragraph shall not apply to a 

case in which the Secretary finds that reasonable grounds exist 

to believe that a contractor or subcontractor has erroneously 

asserted a use or release restriction with regard to technical data 

described in section 2320(a)(2)(A) of this title.’’. 

SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF 

TASK AND DELIVERY ORDER CONTRACTS. 

Paragraph (3) of section 2304c(e) of title 10, United States 

Code, is amended to read as follows: 

‘‘(3) Paragraph (1)(B) and paragraph (2) of this subsection shall 

not be in effect after September 30, 2016.’’. 

SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON 

AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY 

OUT CERTAIN PROTOTYPE PROJECTS. 

Section 845 of the National Defense Authorization Act for Fiscal 

Year 1994 (10 U.S.C. 2371 note) is amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (A), by inserting ‘‘(including all 

options)’’ after ‘‘not in excess of $100,000,000’’; and 

(B) in subparagraph (B), by inserting ‘‘(including all 

options)’’ after ‘‘in excess of $100,000,000’’; and 

(2) in subsection (e)(3)(A), by inserting ‘‘(including all 

options)’’ after ‘‘does not exceed $50,000,000’’. 

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

(a) PERMANENT AUTHORITY.—Section 2359b of title 10, United 

States Code, is amended— 

(1) by striking subsections (j) and (k); and 

(2) by redesignating subsection (l) as subsection (j). 

(b) PILOT PROGRAM.—Section 2359b of title 10, United States 

Code, as amended by subsection (a), is further amended by adding 

at the end the following new subsection (k): 

‘‘(k) PILOT PROGRAM FOR PROGRAMS OTHER THAN MAJOR

DEFENSE ACQUISITION PROGRAMS.— 

‘‘(1) IN GENERAL.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall carry out a pilot 

program to expand the use of the authority provided in this 

section to provide opportunities for the introduction of innovative and cost-saving approaches to programs other than major 

defense acquisition programs through the submission, review, 

and implementation, where appropriate, of qualifying proposals. 

‘‘(2) QUALIFYING PROPOSALS.—For purposes of this subsection, a qualifying proposal is an offer to supply a nondevelopmental item that— 

‘‘(A) is evaluated as achieving a level of performance 

that is at least equal to the level of performance of an 

item being procured under a covered acquisition program 

and as providing savings in excess of 15 percent after 

considering all costs to the Government of implementing 

such proposal; or 

‘‘(B) is evaluated as achieving a level of performance 

that is significantly better than the level of performance 

of an item being procured under a covered acquisition 

program without any increase in cost to the Government. 


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‘‘(3) REVIEW PROCEDURES.—The Under Secretary shall 

adopt modifications as may be needed to the procedures 

applicable to the Challenge Program to provide for Department 

of Defense review of, and action on, qualifying proposals. Such 

procedures shall include, at a minimum, the issuance of a 

broad agency announcement inviting interested parties to 

submit qualifying proposals in areas of interest to the Department. 

‘‘(4) DEFINITIONS.—In this subsection: 

‘‘(A) NONDEVELOPMENTAL ITEM.—The term ‘nondevelopmental item’ has the meaning given that term in 

section 4 of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403). 

‘‘(B) COVERED ACQUISITION PROGRAM.—The term ‘covered acquisition program’ means any acquisition program 

of the Department of Defense other than a major defense 

acquisition program, but does not include any contract 

awarded under an exception to competitive acquisition 

authorized by the Small Business Act (15 U.S.C. 631 et 

seq.) 

‘‘(C) LEVEL OF PERFORMANCE.—The term ‘level of 

performance’, with respect to a nondevelopmental item, 

means the extent to which the item demonstrates required 

item functional characteristics. 

‘‘(5) SUNSET.—The authority to carry out the pilot program 

under this subsection shall terminate on the date that is five 

years after the date of the enactment of this Act.’’. 

SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

(a) COMPETITION REQUIREMENTS FOR TASK OR DELIVERY

ORDERS UNDER ENERGY SAVINGS PERFORMANCE CONTRACTS.—Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 

8287) is amended by adding at the end the following: 

‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of a Federal 

agency may issue a task or delivery order under an energy savings 

performance contract by— 

‘‘(A) notifying all contractors that have received an award 

under such contract that the agency proposes to discuss energy 

savings performance services for some or all of its facilities 

and, following a reasonable period of time to provide a proposal 

in response to the notice, soliciting from such contractors the 

submission of expressions of interest in, and contractor qualifications for, performing site surveys or investigations and feasibility designs and studies, and including in the notice summary 

information concerning energy use for any facilities that the 

agency has specific interest in including in such task or delivery 

order; 

‘‘(B) reviewing all expressions of interest and qualifications 

submitted pursuant to the notice under subparagraph (A); 

‘‘(C) selecting two or more contractors (from among those 

reviewed under subparagraph (B)) to conduct discussions concerning the contractors’ respective qualifications to implement 

potential energy conservation measures, including— 

‘‘(i) requesting references and specific detailed examples with respect to similar efforts and the resulting energy 

savings of such similar efforts; and 


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‘‘(ii) requesting an explanation of how such similar 

efforts relate to the scope and content of the task or delivery 

order concerned; 

‘‘(D) selecting and authorizing— 

‘‘(i) more than one contractor (from among those 

selected under subparagraph (C)) to conduct site surveys, 

investigations, feasibility designs and studies, or similar 

assessments for the energy savings performance contract 

services (or for discrete portions of such services), for the 

purpose of allowing each such contractor to submit a firm, 

fixed-price proposal to implement specific energy conservation measures; or 

‘‘(ii) one contractor (from among those selected under 

subparagraph (C)) to conduct a site survey, investigation, 

feasibility design and study, or similar assessment for the 

purpose of allowing the contractor to submit a firm, 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 

performance contracting services with the contractor or contractors selected under subparagraph (D) based on the energy 

conservation measures identified; and 

‘‘(G) issuing a task or delivery order for energy savings 

performance contracting services to such contractor or contractors. 

‘‘(2) The issuance of a task or delivery order for energy savings 

performance contracting services pursuant to paragraph (1) is 

deemed to satisfy the task and delivery order competition requirements in section 2304c(d) of title 10, United States Code, and 

section 303J(d) of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253j(d)). 

‘‘(3) The Secretary may issue guidance as necessary to agencies 

issuing task or delivery orders pursuant to paragraph (1).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

is inapplicable to task or delivery orders issued before the date 

of enactment of this Act. 

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

(a) DEFINITIONS.—Section 187 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘materials critical to national security’ means 

materials— 

‘‘(A) upon which the production or sustainment of military equipment is dependent; and 

‘‘(B) the supply of which could be restricted by actions 

or events outside the control of the Government of the 

United States. 

‘‘(2) The term ‘military equipment’ means equipment used 

directly by the armed forces to carry out military operations. 

‘‘(3) The term ‘secure supply’, with respect to a material, 

means the availability of a source or sources for the material, 

including the full supply chain for the material and components 

containing the material.’’. 

42 USC 8287 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4273 

(b) AMENDMENT RELATING TO DUTIES.—Subsection (b) of section 

187 of such title is amended to read as follows: 

‘‘(b) DUTIES.—In addition to other matters assigned to it by 

the Secretary of Defense, the Board shall— 

‘‘(1) determine the need to provide a long term secure 

supply of materials designated as critical to national security 

to ensure that national defense needs are met; 

‘‘(2) analyze the risk associated with each material designated as critical to national security and the effect on national 

defense that the nonavailability of such material would have; 

‘‘(3) recommend a strategy to the President to ensure a 

secure supply of materials designated as critical to national 

security; 

‘‘(4) recommend such other strategies to the President as 

the Board considers appropriate to strengthen the industrial 

base with respect to materials critical to national security; 

and 

‘‘(5) publish not less frequently than once every two years 

in the Federal Register recommendations regarding materials 

critical to national security, including a list of specialty metals, 

if any, recommended for addition to, or removal from, the 

definition of ‘specialty metal’ for purposes of section 2533b 

of this title.’’. 

Subtitle D—Contractor Matters 

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

COMBAT OPERATIONS. 

(a) ENHANCEMENT OF OVERSIGHT AND ACCOUNTABILITY.—Section 862 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 10 U.S.C. 2302 note) is amended— 

(1) in subsection (b)(2)— 

(A) in subparagraph (A), by striking ‘‘comply with regulations’’ and inserting ‘‘ensure that the contractor and all 

employees of the contractor or any subcontractor who are 

responsible for performing private security functions under 

such contract comply with regulations’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘comply with’’ and all that follows 

through ‘‘in accordance with’’ and inserting ‘‘ensure 

that the contractor and all 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 

Deadline. 

Federal Register, 

publication. 

Recommendations. 

Strategies. 

Strategy. 

Determination. 

10 USC 187. 


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(3) by inserting after subsection (b) the following new subsections: 

‘‘(c) OVERSIGHT.—It shall be the responsibility of the head of 

the contracting activity responsible for each covered contract to 

ensure that the contracting activity takes appropriate steps to 

assign sufficient oversight personnel to the contract to— 

‘‘(1) ensure that the contractor responsible for performing 

private security functions under such contract comply with 

the regulatory requirements prescribed pursuant to subsection 

(a) and the contract requirements established pursuant to subsection (b); and 

‘‘(2) make the determinations required by subsection (d). 

‘‘(d) REMEDIES.—The failure of a contractor under a covered 

contract to comply with the requirements of the regulations prescribed under subsection (a) or the contract clause inserted in 

a covered contract pursuant to subsection (b), as determined by 

the contracting officer for the covered contract— 

‘‘(1) shall be included in appropriate databases of past 

performance and considered in any responsibility determination 

or evaluation of the past performance of the contractor for 

the purpose of a contract award decision, as provided in section 

6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 

405(j)); 

‘‘(2) in the case of an award fee contract— 

‘‘(A) shall be considered in any evaluation of contract 

performance by the contractor for the relevant award fee 

period; and 

‘‘(B) may be a basis for reducing or denying award 

fees for such period, or for recovering all or part of award 

fees previously paid for such period; and 

‘‘(3) in the case of a failure to comply that is severe, 

prolonged, or repeated— 

‘‘(A) shall be referred to the suspension or debarment 

official for the appropriate agency; and 

‘‘(B) may be a basis for suspension or debarment of 

the contractor. 

‘‘(e) RULE OF CONSTRUCTION.—The duty of a contractor under 

a covered contract to comply with the requirements of the regulations prescribed under subsection (a) and the contract clause 

inserted into a covered contract pursuant to subsection (b), and 

the availability of the remedies provided in subsection (d), shall 

not be reduced or diminished by the failure of a higher or lower 

tier contractor under such contract to comply with such requirements, or by a failure of the contracting activity to provide the 

oversight required by subsection (c).’’. 

(b) REVISED REGULATIONS AND CONTRACT CLAUSE.— 

(1) DEADLINE FOR REGULATIONS.—Not later than 60 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall revise the regulations prescribed pursuant 

to section 862 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) 

to incorporate the requirements of the amendments made by 

subsection (a). 

(2) COMMENCEMENT OF APPLICABILITY OF REVISIONS.—The 

revision of regulations under paragraph (1) shall apply to the 

following: 


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(A) Any contract that is awarded on or after the date 

that is 120 days after the date of the enactment of this 

Act. 

(B) Any task or delivery order that is issued on or 

after the date that is 120 days after the date of the enactment of this Act pursuant to a contract that is awarded 

before, on, or after the date that is 120 days after the 

date of the enactment of this Act. 

(3) COMMENCEMENT OF INCLUSION OF CONTRACT CLAUSE.— A contract clause that reflects the revision of regulations 

required by the amendments made by subsection (a) shall be 

inserted, as required by such section 862, into the following: 

(A) Any contract described in paragraph (2)(A). 

(B) Any task or delivery order described in paragraph 

(2)(B). 

SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS TO AREAS OF 

OTHER SIGNIFICANT MILITARY OPERATIONS. 

(a) AREAS OF OTHER SIGNIFICANT MILITARY OPERATIONS.—Section 862 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 10 U.S.C. 2302 note), as amended by 

section 831, is further amended— 

(1) by striking ‘‘combat operations’’ each place it appears 

and inserting ‘‘combat operations or other significant military 

operations’’; and 

(2) in subsection (f), as redesignated by such section 831— 

(A) by redesignating paragraphs (2), (3), and (4) as 

paragraphs (3), (4), and (5), respectively; 

(B) in paragraph (1)— 

(i) by inserting ‘‘either’’ after ‘‘constituting’’; and 

(ii) by adding at the end the following: ‘‘In making 

designations under this paragraph, the Secretary shall 

ensure that an area is not designated in whole or 

part as both an area of combat operations and an 

area of other significant military operations.’’; and 

(C) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) OTHER SIGNIFICANT MILITARY OPERATIONS.—For purposes of this section, the term ‘other significant military operations’ means activities, other than combat operations, as part 

of an overseas contingency operation that are carried out by 

United States Armed Forces in an uncontrolled or unpredictable 

high-threat environment where personnel performing security 

functions may be called upon to use deadly force.’’. 

(b) ADDITIONAL AREAS CONSIDERED FOR DESIGNATION.— 

(1) DETERMINATION REQUIRED FOR CERTAIN AREAS.—Not 

later than 150 days after the date of the enactment of this 

Act, the Secretary of Defense shall make a written determination for each of the following areas regarding whether or not 

the area constitutes an area of combat operations or an area 

of other significant military operations for purposes of designation as such an area under section 862 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

10 U.S.C. 2302 note), as amended by this section: 

(A) The Horn of Africa region. 

(B) Yemen. 

Deadline. 

Definition. 


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(C) The Philippines. 

(2) SUBMISSION TO CONGRESS.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the congressional defense committees 

a copy of each written determination under paragraph (1), 

together with an explanation of the basis for such determination. 

(c) LIMITATION AND EXCEPTION.—Section 862 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 10 U.S.C. 2302 note), as amended by subsection (a) and by 

section 831, is further amended— 

(1) by redesignating subsection (g), as redesignated by such 

section 831, as subsection (h) and inserting after subsection 

(f) the following new subsection (g): 

‘‘(g) LIMITATION.—With respect to an area of other significant 

military operations, the requirements of this section shall apply 

only upon agreement of the Secretary of Defense and the Secretary 

of State. An agreement of the Secretaries under this subsection 

may be made only on an area-by-area basis. With respect to an 

area of combat operations, the requirements of this section shall 

always apply.’’; and 

(2) in subsection (h), as so redesignated— 

(A) by striking the subsection designation and ‘‘EXCEPTION.—’’ and inserting the following: 

‘‘(h) EXCEPTIONS.— 

‘‘(1) INTELLIGENCE ACTIVITIES.—’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—The requirements of this section shall not apply to a nonprofit nongovernmental organization receiving grants or cooperative agreements 

for activities conducted within an area of other significant 

military operations if the Secretary of Defense and the Secretary of State agree that such organization may be exempted. 

An exemption may be granted by the agreement of the Secretaries under this paragraph on an organization-by-organization 

or area-by-area basis. Such an exemption may not be granted 

with respect to an area of combat operations.’’. 

(d) REPORT ON IMPLEMENTATION.—Not later than 180 days 

after a designation of an area as an area of combat operations 

or an area of other significant military operations pursuant to 

subsection (b)(2), the Secretary of Defense, in coordination with 

the Secretary of State, shall submit to Congress a report on steps 

taken or planned to be taken to implement the regulations prescribed under section 862 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 

note) in such area. In the case of any agreement by the Secretaries 

to limit the applicability of such section or exempt nongovernmental 

organizations from such section, pursuant to subsections (g) or 

(h)(1) of such section (as added by subsection (c)), the report shall 

document the basis for such agreement. 

SEC. 833. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY 

CONTRACTORS. 

(a) REVIEW OF THIRD-PARTY STANDARDS AND CERTIFICATION

PROCESSES.—Not later than 90 days after the date of the enactment 

of this Act, the Secretary of Defense shall— 

Determination. (1) determine whether the private sector has developed— 

Deadline. 

10 USC 2302 

note. 

Applicability. 

Deadline. 


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(A) operational and business practice standards 

applicable to private security contractors; and 

(B) third-party certification processes for determining 

whether private security contractors adhere to standards 

described in subparagraph (A); and 

(2) review any standards and processes identified pursuant 

to paragraph (1) to determine whether the application of such 

standards and processes will make a substantial contribution 

to the successful performance of private security functions in 

areas of combat operations or other significant military operations. 

(b) REVISED REGULATIONS.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

revise the regulations promulgated under section 862 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 10 U.S.C. 2302 note) to ensure that such regulations— 

(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. 

Deadline. 

Criteria. 


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(2) CONTRACTOR.—The term ‘‘contractor’’ means, with 

respect to a covered contract, the contractor or subcontractor 

carrying out the covered contract. 

(3) PRIVATE SECURITY FUNCTIONS.—The term ‘‘private security functions’’ means activities engaged in by a contractor 

under a covered contract as follows: 

(A) Guarding of personnel, facilities, or property of 

a Federal agency, the contractor or subcontractor, or a 

third party. 

(B) Any other activity for which personnel are required 

to carry weapons in the performance of their duties. 

(e) EXCEPTION.—The requirements of this section shall not 

apply to contracts entered into by elements of the intelligence 

community in support of intelligence activities. 

SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE 

TO REDUCE OR DENY AWARD FEES TO COMPANIES FOUND 

TO JEOPARDIZE THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL. 

(a) EXPANSION OF DISPOSITIONS SUBJECT TO AUTHORITY.—Section 823 of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84; 123 Stat. 2412; 10 U.S.C. 2302 note) 

is amended— 

(1) in subsection (c), by adding at the end the following 

new paragraph: 

‘‘(5) In an administrative proceeding, a final determination 

of contractor fault by the Secretary of Defense pursuant to 

subsection (d).’’; 

(2) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(3) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) DETERMINATIONS OF CONTRACTOR FAULT BY SECRETARY

OF DEFENSE.— 

‘‘(1) IN GENERAL.—In any case described by paragraph (2), 

the Secretary of Defense shall— 

‘‘(A) provide for an expeditious independent investigation of the causes of the serious bodily injury or death 

alleged to have been caused by the contractor as described 

in that paragraph; and 

‘‘(B) make a final determination, pursuant to procedures established by the Secretary for purposes of this 

subsection, whether the contractor, in the performance of 

a covered contract, caused such serious bodily injury or 

death through gross negligence or with reckless disregard 

for the safety of civilian or military personnel of the Government. 

‘‘(2) COVERED CASES.—A case described in this paragraph 

is any case in which the Secretary has reason to believe that— 

‘‘(A) a contractor, in the performance of a covered contract, may have caused the serious bodily injury or death 

of any civilian or military personnel of the Government; 

and 

‘‘(B) such contractor is not subject to the jurisdiction 

of United States courts. 

‘‘(3) CONSTRUCTION OF DETERMINATION.—A final determination under this subsection may be used only for the purpose 


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of evaluating contractor performance, and shall not be determinative of fault for any other purpose.’’. 

(b) DEFINITION OF CONTRACTOR.—Paragraph (1) of subsection 

(e) of such section, as redesignated by subsection (a)(2) of this 

section, is amended to read as follows: 

‘‘(1) The term ‘contractor’ means a company awarded a 

covered contract and a subcontractor at any tier under such 

contract.’’. 

(c) TECHNICAL AMENDMENT.—Subsection (c) of such section is 

further amended in the matter preceding paragraph (1) by striking 

‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’. 

(d) INCLUSION OF DETERMINATIONS OF CONTRACTOR FAULT IN

DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS

AND SUSPENSION AND DEBARMENT OFFICIALS.—Section 872(c)(1) of 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4556) is amended by 

adding at the end the following new subparagraph: 

‘‘(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense 

pursuant to section 823(d) of the National Defense 

Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 

note).’’. 

(e) EFFECTIVE DATE.—The requirements of section 823 of the 

National Defense Authorization Act for Fiscal Year 2010, as 

amended by subsections (a) through (c), shall apply with respect 

to the following: 

(1) Any contract entered into on or after the date of the 

enactment of this Act. 

(2) Any task order or delivery order issued on or after 

the date of the enactment of this Act under a contract entered 

into before, on, or after that date. 

SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL 

REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN. 

Section 863 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) is amended 

to read as follows: 

‘‘SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL 

REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN. 

‘‘(a) JOINT REPORT REQUIRED.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (6), 

every 12 months, the Secretary of Defense, the Secretary of 

State, and the Administrator of the United States Agency for 

International Development shall submit to the relevant committees of Congress a joint report on contracts in Iraq or Afghanistan. 

‘‘(2) PRIMARY MATTERS COVERED.—A report under this subsection shall, at a minimum, cover the following with respect 

to contracts in Iraq and Afghanistan during the reporting 

period: 

‘‘(A) Total number of contracts awarded. 

‘‘(B) Total number of active contracts. 

‘‘(C) Total value of all contracts awarded. 

‘‘(D) Total value of active contracts. 

‘‘(E) The extent to which such contracts have used 

competitive procedures. 

Applicability. 

10 USC 2302 

note. 

41 USC 2313. 

10 USC 2302 

note. 


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‘‘(F) Total number of contractor personnel working on 

contracts at the end of each quarter of the reporting period. 

‘‘(G) Total number of contractor personnel who are 

performing security functions at the end of each quarter 

of the reporting period. 

‘‘(H) Total number of contractor personnel killed or 

wounded. 

‘‘(3) ADDITIONAL MATTERS COVERED.—A report under this 

subsection shall also cover the following: 

‘‘(A) The sources of information and data used to compile the information required under paragraph (2). 

‘‘(B) A description of any known limitations of the 

data reported under paragraph (2), including known limitations of the methodology and data sources used to compile 

the report. 

‘‘(C) Any plans for strengthening collection, coordination, and sharing of information on contracts in Iraq and 

Afghanistan through improvements to the common databases identified under section 861(b)(4). 

‘‘(4) REPORTING PERIOD.—A report under this subsection 

shall cover a period of not less than 12 months. 

‘‘(5) SUBMISSION OF REPORTS.—The Secretaries and the 

Administrator shall submit an initial report under this subsection not later than February 1, 2011, and shall submit 

an updated report by February 1 of every year thereafter until 

February 1, 2013. 

‘‘(6) EXCEPTION.—If the total annual amount of obligations 

for contracts in Iraq and Afghanistan combined is less than 

$250,000,000 for the reporting period, for all three agencies 

combined, the Secretaries and the Administrator may submit, 

in lieu of a report, a letter stating the applicability of this 

paragraph, with such documentation as the Secretaries and 

the Administrator consider appropriate. 

‘‘(7) ESTIMATES.—In determining the total number of contractor personnel working on contracts under paragraph (2)(F), 

the Secretaries and the Administrator may use estimates for 

any category of contractor personnel for which they determine 

it is not feasible to provide an actual count. The report shall 

fully disclose the extent to which estimates are used in lieu 

of an actual count. 

‘‘(b) COMPTROLLER GENERAL REVIEW AND REPORT.— 

‘‘(1) IN GENERAL.—Within 180 days after submission of 

each annual joint report required under subsection (a), but 

in no case later than August 5 of each year until 2013, the 

Comptroller General of the United States shall review the 

joint report and submit to the relevant committees of Congress 

a report on such review. 

‘‘(2) MATTERS COVERED.—A report under this subsection 

shall, at minimum— 

‘‘(A) assess the data and data sources used in developing the joint report; 

‘‘(B) review how the Department of Defense, the 

Department of State, and the United States Agency for 

International Development are using the data and the data 

sources used to develop the joint report in managing, overseeing, and coordinating contracting in Iraq and Afghanistan; 


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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. 

‘‘(F) Such other civilian officials of the Department 

of Defense as are designated by the Secretary of Defense 

for purposes of this subsection.’’. 


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(2) CONFORMING AMENDMENT.—Subsection (b)(3) of such 

section is amended by striking ‘‘Under Secretary of Defense 

(Comptroller), the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, and the Director of Cost Assessment 

and Performance Evaluation’’ and inserting ‘‘advisors to the 

Council under subsection (d)’’. 

(d) RECOGNITION OF PERMANENT NATURE OF COUNCIL.—Subsection (a) of such section is amended by striking ‘‘The Secretary 

of Defense shall establish’’ and inserting ‘‘There is’’. 

SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND 

PERFORMANCE OF SUSTAINABLE PRODUCTS AND SERVICES. 

(a) FINDING.—Congress finds the following: 

(1) Executive Order No. 13514, dated October 5, 2009, 

requires the departments and agencies of the Federal Government to establish an integrated strategy towards the procurement of sustainable products and services. 

(2) The Department of Defense Strategic Sustainability 

Performance Plan, issued in August 2010, provides a framework 

for the Department’s compliance with Executive Order No. 

13514 and other applicable sustainability requirements. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on 

the status of the achievement by the Department of Defense 

of the objectives and goals on the procurement of sustainable 

products and services established by section 2(h) of Executive 

Order No. 13514. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the actions taken, and to be taken, 

by the Department to identify particular sustainable products and services that contribute to the achievement of 

the objectives and goals described in paragraph (1). 

(B) An assessment of the tools available to the Department to promote the use of particular sustainable products 

and services identified pursuant to the actions described 

in subparagraph (A) across the Department, and a description of the actions taken, and to be taken, by the Department to use such tools. 

(C) A description of strategies and tools identified by 

the Department that could assist the other departments 

and agencies of the Federal Government in procuring 

sustainable products and services, including a description 

of mechanisms for sharing best practices in such procurement, as identified by the Department, among the other 

departments and agencies of the Federal Government. 

(D) An assessment of the progress the Department 

has made toward the achievement of the objectives and 

goals described in paragraph (1), including the scorecard 

identified in its Strategic Sustainability Performance Plan. 

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

(a) ASSESSMENT REQUIRED.— 

10 USC 181. 


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(1) IN GENERAL.—The Secretary of Defense shall undertake 

an assessment of the supply and demand for rare earth materials in defense applications and identify which, if any, rare 

earth material meets both of the following criteria: 

(A) The rare earth material is critical to the production, 

sustainment, or operation of significant United States military equipment. 

(B) The rare earth material is subject to interruption 

of supply, based on actions or events outside the control 

of the Government of the United States. 

(2) EVALUATION OF SUPPLY.—The assessment shall include 

a comprehensive evaluation of the long-term security and availability of all aspects of the supply chain for rare earth materials 

in defense applications, particularly the location and number 

of sources at each step of the supply chain, including— 

(A) mining of rare earth ores; 

(B) separation of rare earth oxides; 

(C) refining and reduction of rare earth metals; 

(D) creation of rare earth alloys; 

(E) manufacturing of components and systems containing rare earth materials; and 

(F) recycling of components and systems to reclaim 

and reuse rare earth materials. 

(3) EVALUATION OF DEMAND.—The assessment shall include 

a comprehensive evaluation of the demand for and usage of 

rare earth materials in all defense applications, including— 

(A) approximations of the total amounts of individual 

rare earth materials used in defense applications; 

(B) determinations of which, if any, defense applications are dependent upon rare earth materials for proper 

operation and functioning; and 

(C) assessments of the feasibility of alternatives to 

usage of rare earth materials in defense applications. 

(4) OTHER STUDIES AND AGENCIES.—Any applicable studies 

conducted by the Department of Defense, the Comptroller General of the United States, or other Federal agencies during 

fiscal year 2010 may be considered as partial fulfillment of 

the requirements of this section. The Secretary may consider 

the views of other Federal agencies, as appropriate. 

(5) SPECIFIC MATERIAL INCLUDED.—At a minimum, the Secretary shall identify sintered neodymium iron boron magnets 

as meeting the criteria specified in paragraph (1). 

(b) PLAN.—For each rare earth material identified pursuant 

to subsection (a)(1), the Secretary shall develop a plan to ensure 

the long-term availability of such rare earth material, with a goal 

of establishing an assured source of supply of such material in 

critical defense applications by December 31, 2015. In developing 

the plan, the Secretary shall consider all aspects of the material’s 

supply chain, as described in subsection (a)(2). The plan shall 

include consideration of numerous risk mitigation methods with 

respect to the material, including— 

(1) an assessment of including the material in the National 

Defense Stockpile; 

(2) in consultation with the United States Trade Representative, the identification of any trade practices known to the 

Secretary that limit the Secretary’s ability to ensure the longterm availability of such material or the ability to meet the 

Deadline. 


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goal of establishing an assured source of supply of such material 

by December 31, 2015; 

(3) an assessment of the availability of financing to 

industry, academic institutions, or not-for-profit entities to provide the capacity required to ensure the availability of the 

material, as well as potential mechanisms to increase the availability of such financing; 

(4) an assessment of the benefits, if any, of Defense Production Act funding to support the establishment of an assured 

source of supply for military components; 

(5) an assessment of funding for research and development 

related to any aspect of the rare earth material supply chain 

or research on alternatives and substitutes; 

(6) any other risk mitigation method determined appropriate by the Secretary that is consistent with the goal of 

establishing an assured source of supply by December 31, 2015; 

and 

(7) for steps of the rare earth material supply chain for 

which no other risk mitigation method, as described in paragraphs (1) through (6), will ensure an assured source of supply 

by December 31, 2015, a specific plan to eliminate supply 

chain vulnerability by the earliest date practicable. 

(c) REPORT.— 

(1) REQUIREMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional committees described in paragraph 

(2) a report containing the findings of the assessment required 

under subsection (a) and the plan developed under subsection 

(b). 

(2) CONGRESSIONAL COMMITTEES.—The congressional 

committees described in this paragraph are as follows: 

(A) The congressional defense committees. 

(B) The Committee on Science and Technology, the 

Committee on Financial Services, and the Committee on 

Ways and Means of the House of Representatives. 

(C) The Committee on Energy and Natural Resources, 

the Committee on Finance, and the Committee on Banking, 

Housing, and Urban Affairs of the Senate. 

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

(a) REVIEW REQUIRED.—The Comptroller General of the United 

States shall review the use of the national security exception to 

full and open competition provided in section 2304(c)(6) of title 

10, United States Code, by the Department of Defense. 

(b) MATTERS REVIEWED.—The review of the use of the national 

security exception required by subsection (a) shall include— 

(1) the pattern of usage of such exception by acquisition 

organizations within the Department to determine which 

organizations are commonly using the exception and the frequency of such usage; 

(2) the range of items or services being acquired through 

the use of such exception; 

(3) the process for reviewing and approving justifications 

involving such exception; 


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(4) whether the justifications for use of such exception 

typically meet the relevant requirements of the Federal Acquisition Regulation applicable to the use of such exception; 

(5) issues associated with follow-on procurements for items 

or services acquired using such exception; and 

(6) potential additional instances where such exception 

could be applied and any authorities available to the Department other than such exception that could be applied in such 

instances. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the review required by subsection 

(a), including a discussion of each of the matters specified in subsection (b). The report shall include any recommendations relating 

to the matters reviewed that the Secretary considers appropriate. 

The report shall be submitted in unclassified form but may include 

a classified annex. 

SEC. 845. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES 

THAT ARE NOT UNDER FOREIGN OWNERSHIP CONTROL 

OR INFLUENCE MITIGATION. 

(a) REQUIREMENT.—The Secretary of Defense shall develop a 

plan to ensure that covered entities employ and maintain policies 

and procedures that meet requirements under the national industrial security program. In developing the plan, the Secretary shall 

consider whether or not covered entities, or any category of covered 

entities, should be required to establish government security 

committees similar to those required for companies that are subject 

to foreign ownership control or influence mitigation measures. 

(b) COVERED ENTITY.—A covered entity under this section is 

an entity— 

(1) to which the Department of Defense has granted a 

facility clearance; and 

(2) that is not subject to foreign ownership control or influence mitigation measures. 

(c) GUIDANCE.—The Secretary of Defense shall issue guidance, 

including appropriate compliance mechanisms, to implement the 

requirement in subsection (a). To the extent determined appropriate 

by the Secretary, the guidance shall require covered entities, or 

any category of covered entities, to establish government security 

committees similar to those required for companies that are subject 

to foreign ownership control or influence mitigation measures. 

(d) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report on the plan developed pursuant to subsection (a) and 

the guidance issued pursuant to subsection (c). The report shall 

specifically address the rationale for the Secretary’s decision on 

whether or not to require covered entities, or any category of covered 

entities, to establish government security committees similar to 

those required for companies that are subject to foreign ownership 

control or influence mitigation measures. 

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 

(a) CONTRACT REQUIREMENT.—The Secretary of Defense shall 

ensure that each contract described in subsection (b) awarded by 

10 USC 2534 

note. 

Plans. 

10 USC 428 note. 


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the Department of Defense includes a provision requiring the photovoltaic devices provided under the contract to comply with the 

Buy American Act (41 U.S.C. 10a et seq.), subject to the exceptions 

to that Act provided in the Trade Agreements Act of 1979 (19 

U.S.C. 2501 et seq.) or otherwise provided by law. 

(b) CONTRACTS DESCRIBED.—The contracts described in this 

subsection include energy savings performance contracts, utility 

service contracts, land leases, and private housing contracts, to 

the extent that such contracts result in ownership of photovoltaic 

devices by the Department of Defense. For the purposes of this 

section, the Department of Defense is deemed to own a photovoltaic 

device if the device is— 

(1) installed on Department of Defense property or in a 

facility owned by the Department of Defense; and 

(2) reserved for the exclusive use of the Department of 

Defense for the full economic life of the device. 

(c) DEFINITION OF PHOTOVOLTAIC DEVICES.—In this section, 

the term ‘‘photovoltaic devices’’ means devices that convert light 

directly into electricity through a solid-state, semiconductor process. 

SEC. 847. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN 

REQUIREMENTS FOR PROCUREMENT OF HAND OR MEASURING TOOLS. 

Section 2533a(c) of title 10, United States Code, is amended 

by striking ‘‘subsection (b)(1)’’ and inserting ‘‘subsection (b)’’. 

SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS. 

(a) DEFENSE SCIENCE BOARD REVIEW OF ORGANIZATION, 

TRAINING, AND PLANNING.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall direct 

the Defense Science Board to carry out a review of Department 

of Defense organization, doctrine, training, and planning for contractor logistics support of contingency operations. 

(b) MATTERS TO BE ADDRESSED.— (1) IN GENERAL.—The matters addressed by the review 

required by subsection (a) shall include, at a minimum, the 

following: 

(A) Department of Defense policies and procedures for 

planning for contractor logistics support of contingency 

operations. 

(B) Department organization and staffing for the 

implementation of such policies and procedures. 

(C) The development of Department doctrine for contractor logistics support of contingency operations. 

(D) The training of Department military and civilian 

personnel for the planning, management, and oversight 

of contractor logistics support of contingency operations. 

(E) The extent to which the Department should rely 

upon contractor logistics support in future contingency 

operations, and the risks associated with reliance on such 

support. 

(F) Any logistics support functions for contingency 

operations for which the Department should establish or 

retain an organic capability. 

(G) The scope and level of detail on contractor logistics 

support of contingency operations that is currently included 

Deadline. 


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in operational plans, and that should be included in operational plans. 

(H) Contracting mechanisms and contract vehicles that 

are currently used, and should be used, to provide contractor logistics support of contingency operations. 

(I) Department organization and staffing for the 

management and oversight of contractor logistics support 

of contingency operations. 

(J) Actions that could be taken to improve Department 

management and oversight of contractors providing logistics support of contingency operations. 

(K) The extent to which logistics support of contingency 

operations has been, and should be, provided by subcontractors, and the advantages and disadvantages of reliance 

upon subcontractors for that purpose. 

(L) The extent to which logistics support of contingency 

operations has been, and should be, provided by local 

nationals and third country nationals, and the advantages 

and disadvantages of reliance upon such sources for that 

purpose. 

(2) FINDINGS AND RECOMMENDATIONS.—The review 

required by subsection (a) shall include findings and recommendations related to— 

(A) legislative or policy guidance to address the matters 

listed in paragraph (1); and 

(B) whether and to what extent the quadrennial 

defense review (conducted pursuant to section 118 of title 

10, United States Code) or assessments by the Chairman 

of the Joint Chiefs of Staff for the biennial review of the 

national military strategy (conducted pursuant to section 

153(d) of such title) should be required to address requirements for contractor support of the Armed Forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the 

risks associated with such support. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review 

required by subsection (a). The report shall include the findings 

and recommendations of the Defense Science Board, including such 

recommendations for legislative or administrative action as the 

Board considers appropriate, together with any comments the Secretary considers appropriate. 

Subtitle F—Improve Acquisition Act 

SEC. 860. SHORT TITLE. 

This subtitle may be cited as the ‘‘Improve Acquisition Act 

of 2010’’. 

Improve 

Acquisition 

Act of 2010. 

10 USC 2545 

note. 


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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 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 

10 USC 2545. 


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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 FUNC- TIONS.—The Secretary of Defense shall ensure that the Chief of 

Staff of the Army, the Chief of Naval Operations, the Chief of 

Staff of the Air Force, and the Commandant of the Marine Corps 

assist the Secretary of the military department concerned in the 

performance of the following acquisition-related functions of such 

department: 

‘‘(1) The development of requirements relating to the 

defense acquisition system (subject, where appropriate, to 

validation by the Joint Requirements Oversight Council pursuant to section 181 of this title). 

‘‘(2) The coordination of measures to control requirements 

creep in the defense acquisition system. 

‘‘(3) The development of career paths in acquisition for 

military personnel (as required by section 1722a of this title). 

‘‘(4) The assignment and training of contracting officer 

representatives when such representatives are required to be 

members of the armed forces because of the nature of the 

contract concerned. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to affect the assignment of functions under section 

3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A) of this 

title, except as explicitly provided in this section. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘requirements creep’ means the addition of 

new technical or operational specifications after a requirements 

document is approved by the appropriate validation authority 

for the requirements document. 

‘‘(2) The term ‘requirements document’ means a document 

produced in the requirements process that is provided for an 

acquisition program to guide the subsequent development, 

production, and testing of the program and that— 

‘‘(A) justifies the need for a materiel approach, or an 

approach that is a combination of materiel and non-materiel, to satisfy one or more specific capability gaps; 

‘‘(B) details the information necessary to develop an 

increment of militarily useful, logistically supportable, and 

technically mature capability, including key performance 

parameters; or 

‘‘(C) identifies production attributes required for a 

single increment of a program. 

‘‘§ 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 

Deadline. 

Guidance. 


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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; 

‘‘(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— 


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‘‘(i) the assignment of appropriately qualified contracting officer representatives and other contract management personnel; 

‘‘(ii) the extent of contract disputes, the reasons for 

such disputes, and the extent to which they have been 

successfully addressed; 

‘‘(iii) the appropriate consideration of long-term 

sustainment and energy efficiency objectives; and 

‘‘(iv) the appropriate use of integrated testing. 

‘‘(c) CONTENTS OF GUIDANCE.—The guidance issued pursuant 

to subsection (a) shall ensure that each element of the defense 

acquisition system is subject to a performance assessment under 

this section not less often than once every four years, and shall 

address, at a minimum— 

‘‘(1) the designation of elements of the defense acquisition 

system that are subject to performance assessment at an 

organizational level that ensures such assessments can be performed in an efficient and integrated manner; 

‘‘(2) the frequency with which such performance assessments should be conducted; 

‘‘(3) goals, standards, tools, and metrics for use in conducting performance assessments; 

‘‘(4) the composition of the teams designated to perform 

performance assessments; 

‘‘(5) any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments; 

‘‘(6) procedures for tracking the implementation of recommendations made pursuant to performance assessments; 

‘‘(7) procedures for developing and disseminating lessons 

learned from performance assessments; and 

‘‘(8) procedures for ensuring that information from performance assessments are retained electronically and are provided 

in a timely manner to the Under Secretary of Defense for 

Acquisition, Technology, and Logistics and the Director of the 

Office of Performance Assessment and Root Cause Analysis 

as needed to assist them in performing their responsibilities 

under this section. 

‘‘(d) PERFORMANCE GOALS UNDER GOVERNMENT PERFORMANCE

RESULTS ACT OF 1993.—Beginning with fiscal year 2012, the annual 

performance plan prepared by the Department of Defense pursuant 

to section 1115 of 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.’’. 

Effective date. 

Effective date. 


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(b) CLERICAL AMENDMENTS.—The table of chapters at the beginning of subtitle A of title 10, United States Code, and at the 

beginning of part IV of such subtitle, are each amended by inserting 

after the item relating to chapter 148 the following new item: 

‘‘149. Defense Acquisition System ................................................................... 2545’’. 

SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES 

INTEGRATION AND DEVELOPMENT SYSTEM. 

(a) REPORT REQUIRED.—The Comptroller General of the United 

States shall carry out a comprehensive review of the Joint Capabilities Integration and Development System (in this section referred 

to as ‘‘JCIDS’’). Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the congressional defense committees a report on the review and 

include in such report any recommendations the Comptroller General considers necessary and advisable to improve or replace JCIDS. 

(b) CONTENT OF THE REVIEW.— 

(1) PURPOSE.—The purpose of the review required by subsection (a) is to evaluate the effectiveness of JCIDS in achieving 

the following objectives: 

(A) Timeliness in delivering capability to the 

warfighter. 

(B) Efficient use of the investment resources of the 

Department of Defense. 

(C) Control of requirements creep. 

(D) Responsiveness to changes occurring after the 

approval of a requirements document (including changes 

to the threat environment, the emergence of new capabilities, or changes in the resources estimated to procure or 

sustain a capability). 

(E) Development of the personnel skills, capacity, and 

training needed for an effective and efficient requirements 

process. 

(2) MATTERS CONSIDERED.—In performing the review, the 

Comptroller General shall gather information on and consider 

the following matters: 

(A) The time that requirements documents take to 

receive approval through JCIDS. 

(B) The quality of cost information considered in JCIDS 

and the extent of its consideration. 

(C) The extent to which JCIDS establishes a meaningful level of priority for requirements. 

(D) The extent to which JCIDS is considering tradeoffs 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); 


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(iii) provide input on a concept of operations and 

doctrine; 

(iv) provide end user feedback to the resource 

sponsor; and 

(v) participate, through the combatant commander 

concerned, in any alteration of the requirement for 

such solution. 

(c) DEFINITIONS.—In this section: 

(1) JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT

SYSTEM.—The term ‘‘Joint Capabilities Integration and Development System’’ means the system for the assessment, review, 

validation, and approval of joint warfighting requirements that 

is described in Chairman of the Joint Chiefs of Staff Instruction 

3170.01G 

(2) REQUIREMENTS DOCUMENT.—The term ‘‘requirements 

document’’ means a document produced in JCIDS that is provided for an acquisition program to guide the subsequent 

development, production, and testing of the program and that— 

(A) justifies the need for a materiel approach, or an 

approach that is a combination of materiel and non-materiel, to satisfy one or more specific capability gaps; 

(B) details the information necessary to develop an 

increment of militarily useful, logistically supportable, and 

technically mature capability, including key performance 

parameters; or 

(C) identifies production attributes required for a single 

increment of a program. 

(3) REQUIREMENTS CREEP.—The term ‘‘requirements creep’’ 

means the addition of new technical or operational specifications after a requirements document is approved. 

(4) MATERIEL SOLUTION.—The term ‘‘materiel solution’’ 

means the development, acquisition, procurement, or fielding 

of a new item, or of a modification to an existing item, necessary 

to equip, operate, maintain, and support military activities. 

SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES. 

(a) ESTABLISHMENT OF REQUIREMENTS PROCESSES FOR THE

ACQUISITION OF SERVICES.—The Secretary of Defense shall ensure 

that the military departments and Defense Agencies each establish 

a process for identifying, assessing, reviewing, and validating 

requirements for the acquisition of services. 

(b) OPERATIONAL REQUIREMENTS.—With regard to requirements 

for the acquisition of services in support of combatant commands 

and military operations, the Secretary shall ensure— 

(1) that the Chief of Staff of the Army, the Chief of Naval 

Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps implement and bear chief responsibility for carrying out, within the Armed Force concerned, 

the process established pursuant to subsection (a) for such 

Armed Force; and 

(2) that commanders of unified combatant commands and 

other officers identified or designated as joint qualified officers 

have an opportunity to participate in the process of each military department to provide input on joint requirements for 

the acquisition of services. 

(c) SUPPORTING REQUIREMENTS.—With regard to requirements 

for the acquisition of services not covered by subsection (b), the 

10 USC 2330 

note. 

10 USC 2330 

note. 

10 USC 2330 

note. 


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Secretary shall ensure that the secretaries of the military departments and the heads of the Defense Agencies implement and bear 

chief responsibility for carrying out, within the military department 

or Defense Agency concerned, the process established pursuant 

to subsection (a) for such military department or Defense Agency. 

(d) IMPLEMENTATION PLANS REQUIRED.—The Secretary shall 

ensure that an implementation plan is developed for each process 

established pursuant to subsection (a) that addresses, at a minimum, the following: 

(1) The organization of such process. 

(2) The level of command responsibility required for identifying, assessing, reviewing, and validating requirements for 

the acquisition of services in accordance with the requirements 

of this section and the categories established under section 

2330(a)(1)(C) of title 10, United States Code. 

(3) The composition of positions necessary to operate such 

process. 

(4) The training required for personnel engaged in such 

process. 

(5) The relationship between doctrine and such process. 

(6) Methods of obtaining input on joint requirements for 

the acquisition of services. 

(7) Procedures for coordinating with the acquisition process. 

(8) Considerations relating to opportunities for strategic 

sourcing. 

(e) MATTERS REQUIRED IN IMPLEMENTATION PLAN.—Each plan 

required under subsection (d) shall provide for initial implementation of a process for identifying, assessing, reviewing, and validating 

requirements for the acquisition of services not later than one 

year after the date of the enactment of this Act and shall provide 

for full implementation of such process at the earliest date practicable. 

(f) CONSISTENCY WITH JOINT GUIDANCE.—Whenever, at any 

time, guidance is issued by the Chairman of the Joint Chiefs of 

Staff relating to requirements for the acquisition of services in 

support of combatant commands and military operations, each 

process established pursuant to subsection (a) shall be revised in 

accordance with such joint guidance. 

(g) DEFINITION.—The term ‘‘requirements for the acquisition 

of services’’ means objectives to be achieved through acquisitions 

primarily involving the procurement of services. 

(h) REVIEW OF SUPPORTING REQUIREMENTS TO IDENTIFY

SAVINGS.—The secretaries of the military departments and the 

heads of the Defense Agencies shall review and validate each 

requirement described in subsection (c) with an anticipated cost 

in excess of $10,000,000 with the objective of identifying unneeded 

or low priority requirements that can be reduced or eliminated, 

with the savings transferred to higher priority objectives. Savings 

identified and transferred to higher priority objectives through 

review and revalidation under this subsection shall count toward 

the savings objectives established in the June 4, 2010, guidance 

of the Secretary of Defense on improved operational efficiencies 

and the annual reduction in funding for service support contractors 

required by the August 16, 2010, guidance of the Secretary of 

Defense on efficiency initiatives. As provided by the Secretary, 

cost avoidance shall not count toward these objectives. 

10 USC 2330 

note. 

10 USC 2330 

note. 

10 USC 2330 

note. 

Deadline. 

10 USC 2330 

note. 

10 USC 2330 

note. 


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(i) EXTENSION OF AUTHORITY.—Subsection (e) of section 834 

of the National Defense Authorization Act for Fiscal Years 1990 

and 1991 (15 U.S.C. 637 note) is amended by striking ‘‘September 

30, 2010’’ and inserting ‘‘December 31, 2011’’. 

SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE. 

(a) REVIEW OF GUIDANCE.—The Secretary of Defense shall 

review the acquisition guidance of the Department of Defense, 

including, at a minimum, the guidance contained in Department 

of Defense Instruction 5000.02 entitled ‘‘Operation of the Defense 

Acquisition System’’. 

(b) MATTERS CONSIDERED.—The review performed under subsection (a) shall consider— 

(1) the extent to which the acquisition of commercial goods 

and commodities, commercial and military unique services, and 

information technology should be addressed in Department of 

Defense Instruction 5000.02 and other guidance primarily 

relating to the acquisition of weapon systems, or should be 

addressed in separate instructions and guidance; 

(2) whether long-term sustainment and energy efficiency 

of weapon systems is appropriately emphasized; 

(3) whether appropriate mechanisms exist to communicate 

information relating to the mission needs of the Department 

of Defense to the industrial base in a way that allows the 

industrial base to make appropriate investments in infrastructure, capacity, and technology development to help meet such 

needs; 

(4) the extent to which earned value management should 

be required on acquisitions not involving the acquisition of 

weapon systems and whether measures of quality and technical 

performance should be included in any earned value management system; and 

(5) such other matters as the Secretary considers appropriate. 

(c) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report detailing any changes in the acquisition 

guidance of the Department of Defense identified during the review 

required by subsection (a), and any actions taken, or planned to 

be taken, to implement such changes. 

SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES 

ACQUISITION THROUGHOUT THE FEDERAL ACQUISITION 

REGULATION AND THE DEFENSE FEDERAL ACQUISITION 

REGULATION SUPPLEMENT. 

(a) REVIEW REQUIRED.—The Secretary of Defense, in consultation with the Administrator for Federal Procurement Policy and 

the heads of such other Federal agencies as the Secretary considers 

appropriate, shall review the Federal Acquisition Regulation and 

the Defense Federal Acquisition Regulation Supplement to ensure 

that such regulations include appropriate guidance for and references to services acquisition that are in addition to references 

provided in part 37 and the Defense Supplement to part 37. 

(b) MATTERS CONSIDERED.—The review required by subsection 

(a) shall consider the extent to which additional guidance is 

needed— 


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(1) to provide the tools and processes needed to assist 

contracting officials in addressing the full range of complexities 

that can arise in the acquisition of services; and 

(2) to enhance and support the procurement and project 

management community in all aspects of the process for the 

acquisition of services, including requirements development, 

assessment of reasonableness, and post-award management and 

oversight. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report containing— 

(1) a summary of the findings of the review required by 

subsection (a); and 

(2) any recommendations that the Secretary may have 

for changes to the Federal Acquisition Regulation and the 

Defense Federal Acquisition Regulation Supplement to address 

such findings, including identifying any changes that are necessary to improve part 37 (which specifically addresses services 

acquisitions). 

SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE 

NONDEVELOPMENTAL ITEMS. 

(a) PILOT PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense may carry out 

a pilot program to assess the feasability and advisability of 

acquiring military purpose nondevelopmental items in accordance with this section. 

(2) SCOPE OF PROGRAM.—Under the pilot program, the Secretary may enter into contracts with nontraditional defense 

contractors for the acquisition of military purpose nondevelopmental items in accordance with the requirements set forth 

in subsection (b). 

(b) CONTRACT REQUIREMENTS.—Each contract entered into 

under the pilot program— 

(1) shall be a firm, fixed price contract, or a firm, fixed 

price contract with an economic price adjustment clause 

awarded using competitive procedures in accordance with 

chapter 137 of title 10, United States Code; 

(2) shall be in an amount not in excess of $50,000,000, 

including all options; 

(3) shall provide— 

(A) for the delivery of an initial lot of production quantities of completed items not later than nine months after 

the date of the award of such contract; and 

(B) that failure to make delivery as provided for under 

subparagraph (A) may result in the termination of such 

contract for default; and 

(4) shall be— 

(A) exempt from the requirement to submit certified 

cost or pricing data under section 2306a of title 10, United 

States Code, and the cost accounting standards under section 26 of the Office of Federal Procurement Policy Act 

(41 U.S.C. 422); and 

(B) subject to the requirement to provide data other 

than certified cost or pricing data for the purpose of price 

10 USC 2302 

note. 

10 USC 2302 

note. 


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reasonableness determinations, as provided in section 

2306a(d) of title 10, United States Code. 

(c) REGULATIONS.—If the Secretary establishes the pilot program authorized under subsection (a), the Secretary shall prescribe 

regulations governing such pilot program. Such regulations shall 

be included in regulations of the Department of Defense prescribed 

as part of the Federal Acquisition Regulation and shall include 

the contract clauses and procedures necessary to implement such 

program. 

(d) REPORTS.— 

(1) REPORTS ON PROGRAM ACTIVITIES.—Not later than 60 

days after the end of any fiscal year in which the pilot program 

is in effect, the Secretary shall submit to the congressional 

defense committees a report on the pilot program. The report 

shall be in unclassified form but may include a classified annex. 

Each report shall include, for each contract entered into under 

the pilot program in the preceding fiscal year, the following: 

(A) The contractor. 

(B) The item or items to be acquired. 

(C) The military purpose to be served by such item 

or items. 

(D) The amount of the contract. 

(E) The actions taken by the Department of Defense 

to ensure that the price paid for such item or items is 

fair and reasonable. 

(2) PROGRAM ASSESSMENT.—If the Secretary establishes the 

pilot program authorized under subsection (a), not later than 

four years after the date of the enactment of this Act, the 

Comptroller General of the United States shall submit to the 

congressional defense committees a report setting forth the 

assessment of the Comptroller General of the extent to which 

the pilot program— 

(A) enabled the Department to acquire items that 

otherwise might not have been available to the Department; 

(B) assisted the Department in the rapid acquisition 

and fielding of capabilities needed to meet urgent operational needs; and 

(C) protected the interests of the United States in 

paying fair and reasonable prices for the item or items 

acquired. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘military purpose nondevelopmental item’’ 

means a nondevelopmental item that meets a validated military 

requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private 

expense. For purposes of this paragraph, an item shall not 

be considered to be developed exclusively at private expense 

if development of the item was paid for in whole or in part 

through— 

(A) independent research and development costs or 

bid and proposal costs that have been reimbursed directly 

or indirectly by a Federal agency or have been submitted 

to a Federal agency for reimbursement; or 

(B) foreign government funding. 

(2) The term ‘‘nondevelopmental item’’— 

10 USC 2302 

note. 

10 USC 2302 

note. 

10 USC 2302 

note. 


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(A) has the meaning given that term in section 4(13) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

403(13)); and 

(B) also includes previously developed items of supply 

that require modifications other than those customarily 

available in the commercial marketplace if such modifications are consistent with the requirement in subsection 

(b)(3)(A). 

(3) The term ‘‘nontraditional defense contractor’’ has the 

meaning given that term in section 2302(9) of title 10, United 

States Code (as added by subsection (g)). 

(4) The terms ‘‘independent research and developments 

costs’’ and ‘‘bid and proposal costs’’ have the meaning given 

such terms in section 31.205–18 of the Federal Acquisition 

Regulation. 

(f) SUNSET.— 

(1) IN GENERAL.—The authority to carry out the pilot program shall expire on the date that is five years after the 

date of the enactment of this Act. 

(2) CONTINUATION OF CURRENT CONTRACTS.—The expiration 

under paragraph (1) of the authority to carry out the pilot 

program shall not affect the validity of any contract awarded 

under the pilot program before the date of the expiration of 

the pilot program under that paragraph. 

(g) STATUTORY DEFINITION OF NONTRADITIONAL DEFENSE CONTRACTOR.— 

(1) NONTRADITIONAL DEFENSE CONTRACTOR.—Section 2302 

of title 10, United States Code, is amended by adding at the 

end the following: 

‘‘(9) The term ‘nontraditional defense contractor’, with 

respect to a procurement or with respect to a transaction 

authorized under section 2371(a) of this title, means an entity 

that is not currently performing and has not performed, for 

at least the one-year period preceding the solicitation of sources 

by the Department of Defense for the procurement or transaction, any of the following for the Department of Defense: 

‘‘(A) Any contract or subcontract that is subject to 

full coverage under the cost accounting standards prescribed pursuant to section 26 of the Office of Federal 

Procurement Policy Act (41 U.S.C. 422) and the regulations 

implementing such section. 

‘‘(B) Any other contract in excess of $500,000 under 

which the contractor is required to submit certified cost 

or pricing data under section 2306a of this title.’’. 

(2) CONFORMING AMENDMENT.—Section 845(f) of the 

National Defense Authorization Act for Fiscal Year 1994 (10 

U.S.C. 2371 note) is amended to read as follows: 

‘‘(f) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED.—In this 

section, the term ‘nontraditional defense contractor’ has the 

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

Code.’’. 

10 USC 2302 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4299 

PART II—DEFENSE ACQUISITION WORKFORCE 

SEC. 871. ACQUISITION WORKFORCE EXCELLENCE. 

(a) ACQUISITION WORKFORCE EXCELLENCE.—Subchapter I of 

chapter 87 of title 10, United States Code, is amended by inserting 

after section 1701 the following new section: 

‘‘§ 1701a. Management for acquisition workforce excellence 

‘‘(a) PURPOSE.—The purpose of this chapter is to require the 

Department of Defense to develop and manage a highly skilled 

professional acquisition workforce— 

‘‘(1) in which excellence and contribution to mission is 

rewarded; 

‘‘(2) which has the technical expertise and business skills 

to ensure the Department receives the best value for the 

expenditure of public resources; 

‘‘(3) which serves as a model for performance management 

of employees of the Department; and 

‘‘(4) which is managed in a manner that complements and 

reinforces the management of the defense acquisition system 

pursuant to chapter 149 of this title. 

‘‘(b) PERFORMANCE MANAGEMENT.—In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall— 

‘‘(1) use the full authorities provided in subsections (a) 

through (d) of section 9902 of title 5, including flexibilities 

related to performance management and hiring and to training 

of managers; 

‘‘(2) require managers to develop performance plans for 

individual members of the acquisition workforce in order to 

give members an understanding of how their performance 

contributes to their organization’s mission and the success of 

the defense acquisition system (as defined in section 2545 of 

this title); 

‘‘(3) to the extent appropriate, use the lessons learned 

from the acquisition demonstration project carried out under 

section 1762 of this title related to contribution-based compensation and appraisal, and how those lessons may be applied 

within the General Schedule system; 

‘‘(4) develop attractive career paths; 

‘‘(5) encourage continuing education and training; 

‘‘(6) develop appropriate procedures for warnings during 

performance evaluations for members of the acquisition 

workforce who consistently fail to meet performance standards; 

‘‘(7) take full advantage of the Defense Civilian Leadership 

Program established under section 1112 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 

123 Stat. 2496; 10 U.S.C. 1580 note prec.); 

‘‘(8) use the authorities for highly qualified experts under 

section 9903 of title 5, to hire experts who are skilled acquisition 

professionals to— 

‘‘(A) serve in leadership positions within the acquisition 

workforce to strengthen management and oversight; 

‘‘(B) provide mentors to advise individuals within the 

acquisition workforce on their career paths and opportunities to advance and excel within the acquisition workforce; 

and 


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‘‘(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: 

‘‘§ 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 


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acquisition workforce and supporting personnel assigned 

to work directly with the acquisition workforce; and 

‘‘(B) the demonstration project commences before October 

1, 2007. 

‘‘(c) LIMITATION ON NUMBER OF PARTICIPANTS.—The total 

number of persons who may participate in the demonstration project 

under this section may not exceed 120,000. 

‘‘(d) EFFECT OF REORGANIZATIONS.—The applicability of paragraph (2) of subsection (b) to an organization or team shall not 

terminate by reason that the organization or team, after having 

satisfied the conditions in paragraph (3) of such subsection when 

it began to participate in a demonstration project under this section, 

ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, 

restructuring, realignment, consolidation, or other organizational 

change. 

‘‘(e) ASSESSMENTS.—(1) The Secretary of Defense shall designate 

an independent organization to conduct two assessments of the 

acquisition workforce demonstration project described in subsection 

(a). 

‘‘(2) Each such assessment shall include the following: 

‘‘(A) A description of the workforce included in the project. 

‘‘(B) An explanation of the flexibilities used in the project 

to appoint individuals to the acquisition workforce and whether 

those appointments are based on competitive procedures and 

recognize veteran’s preferences. 

‘‘(C) An explanation of the flexibilities used in the project 

to develop a performance appraisal system that recognizes 

excellence in performance and offers opportunities for improvement. 

‘‘(D) The steps taken to ensure that such system is fair 

and transparent for all employees in the project. 

‘‘(E) How the project allows the organization to better meet 

mission needs. 

‘‘(F) An analysis of how the flexibilities in subparagraphs 

(B) and (C) are used, and what barriers have been encountered 

that inhibit their use. 

‘‘(G) Whether there is a process for— 

‘‘(i) ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees 

throughout the performance appraisal period; and 

‘‘(ii) setting timetables for performance appraisals. 

‘‘(H) The project’s impact on career progression. 

‘‘(I) The project’s appropriateness or inappropriateness in 

light of the complexities of the workforce affected. 

‘‘(J) The project’s sufficiency in terms of providing protections for diversity in promotion and retention of personnel. 

‘‘(K) The adequacy of the training, policy guidelines, and 

other preparations afforded in connection with using the project. 

‘‘(L) Whether there is a process for ensuring employee 

involvement in the development and improvement of the 

project. 

‘‘(3) The first assessment under this subsection shall be completed not later than September 30, 2012. The second and final 

assessment shall be completed not later than September 30, 2016. 

The Secretary shall submit to the covered congressional committees 

Deadlines. 


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a copy of each assessment within 30 days after receipt by the 

Secretary of the assessment. 

‘‘(f) COVERED CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘covered congressional committees’ means— 

‘‘(1) the Committees on Armed Services of the Senate and 

the House of Representatives; 

‘‘(2) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

‘‘(3) the Committee on Oversight and Government Reform 

of the House of Representatives. 

‘‘(g) TERMINATION OF AUTHORITY.—The authority to conduct 

a demonstration program under this section shall terminate on 

September 30, 2017. 

‘‘(h) CONVERSION.—Within 6 months after the authority to conduct a demonstration project under this section is terminated as 

provided in subsection (g), employees in the project shall convert 

to the civilian personnel system created pursuant to section 9902 

of title 5.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter V of chapter 87 of title 10, United 

States Code, is amended by inserting after the item relating 

to section 1761 the following new item: 

‘‘1762. Demonstration project relating to certain acquisition personnel management 

policies and procedures.’’. 

(b) CONFORMING REPEAL.—Section 4308 of the National Defense 

Authorization Act for 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 

Deadline. 

Definition. 


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capacity, capability, and effective succession for acquisition 

functions, including contingency contracting, of the Department 

of Defense. 

‘‘(5) A deliberate workforce development strategy that 

ensures diversity in promotion, advancement, and experiential 

opportunities commensurate with the general workforce outlined in this section. 

‘‘(c) INCLUSION OF INFORMATION IN ANNUAL REPORT.—The Secretary of Defense shall include in the report to Congress required 

under section 115b(d) of this title the following information related 

to the acquisition workforce for the period covered by the report 

(which shall be shown for the Department of Defense as a whole 

and separately for the Army, Navy, Air Force, Marine Corps, 

Defense Agencies, and Office of the Secretary of Defense): 

‘‘(1) The total number of persons serving in the Acquisition 

Corps, set forth separately for members of the armed forces 

and civilian employees, by grade level and by functional specialty. 

‘‘(2) The total number of critical acquisition positions held, 

set forth separately for members of the armed forces and 

civilian employees, by grade level and by other appropriate 

categories (including by program manager, deputy program 

manager, and division head positions), including average length 

of time served in each position. For each such category, the 

report shall specify the number of civilians holding such positions compared to the total number of positions filled. 

‘‘(3) The number of employees to whom the requirements 

of subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this 

title did not apply because of the exceptions provided in paragraphs (1) and (2) of section 1732(c) of this title, set forth 

separately by type of exception. 

‘‘(4) The number of times a waiver authority was exercised 

under section 1724(d), 1732(d), 1734(d), or 1736(c) of this title 

or any other provision of this chapter (or other provision of 

law) which permits the waiver of any requirement relating 

to the acquisition workforce, and in the case of each such 

authority, the reasons for exercising the authority. The Secretary may present the information provided under this paragraph by category or grouping of types of waivers and reasons.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter II of chapter 87 of such title is amended 

by inserting after the item relating to section 1722a the following new item: 

‘‘1722b. Special requirements for civilian employees in the acquisition field.’’. 

(b) CAREER EDUCATION AND TRAINING.—Section 1723 of such 

title is amended by redesignating subsection (b) as subsection (c) 

and inserting after subsection (a) the following new subsection: 

‘‘(b) CAREER PATH REQUIREMENTS.—For each career path, the 

Secretary of Defense, acting through the Under Secretary of Defense 

for Acquisition, Technology, and Logistics, shall establish requirements for the completion of course work and related on-the-job 

training and demonstration of qualifications in the critical acquisition-related duties and tasks of the career path. The Secretary 

of Defense, acting through the Under Secretary, shall also— 


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‘‘(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 selfdevelopmental activities; and 

‘‘(2) develop key work experiences, including the creation 

of a program sponsored by the Department of Defense that 

facilitates the periodic interaction between individuals in the 

acquisition workforce and the end user in such end user’s 

environment to enhance the knowledge base of such workforce, 

for individuals in the acquisition workforce so that the individuals may gain in-depth knowledge and experience in the 

acquisition process and become seasoned, well-qualified members of the acquisition workforce.’’. 

SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS. 

(a) CONTINUING EDUCATION.—Section 1723 of title 10, United 

States Code, as amended by section 873, is further amended by 

amending subsection (a) to read as follows: 

‘‘(a) QUALIFICATION REQUIREMENTS.—(1) The Secretary of 

Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity 

of duties carried out in the position. In establishing such requirements, the Secretary shall ensure the availability and sufficiency 

of training in all areas of acquisition, including additional training 

courses with an emphasis on services contracting, market research 

strategies (including assessments of local contracting capabilities), 

long-term sustainment strategies, information technology, and rapid 

acquisition. 

‘‘(2) In establishing such requirements for positions other than 

critical acquisition positions designated pursuant to section 1733 

of this title, the Secretary may state the requirements by categories 

of positions. 

‘‘(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall 

establish requirements for continuing education and periodic 

renewal of an individual’s certification. Any requirement for a certification renewal shall not require a renewal more often than 

once every five years.’’. 

(b) STANDARDS FOR TRAINING.— 

(1) IN GENERAL.—Subchapter IV of Chapter 87 of title 

10, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 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.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such subchapter is amended by adding at the 

end the following new item: 

‘‘1748. Fulfillment standards for acquisition workforce training.’’. 

(3) DEADLINE FOR FULFILLMENT STANDARDS.—The fulfillment standards required under section 1748 of title 10, United 

States Code, as added by paragraph (1), shall be developed 

not later than 270 days after the date of the enactment of 

this Act. 

(4) CONFORMING REPEAL.—Section 853 of Public Law 105– 

85 (111 Stat. 1851) is repealed. 

SEC. 875. INFORMATION TECHNOLOGY ACQUISITION WORKFORCE. 

(a) PLAN REQUIRED.—The Secretary of Defense shall develop 

and carry out a plan to strengthen the part of the acquisition 

workforce that specializes in information technology. The plan shall 

include the following: 

(1) Defined targets for billets devoted to information technology acquisition. 

(2) Specific certification requirements for individuals in 

the acquisition workforce who specialize in information technology acquisition. 

(3) Defined career paths for individuals in the acquisition 

workforce who specialize in information technology acquisitions. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘information technology’’ has the meaning 

provided such term in section 11101 of title 40, United States 

Code, and includes information technology incorporated into 

a major weapon system. 

(2) The term ‘‘major weapon system’’ has the meaning 

provided such term in section 2379(f) of title 10, United States 

Code. 

(c) DEADLINE.—The Secretary of Defense shall develop the plan 

required under this section not later than 270 days after the date 

of the enactment of this Act. 

SEC. 876. DEFINITION OF ACQUISITION WORKFORCE. 

Section 101(a) of title 10, United States Code, is amended 

by inserting after paragraph (17) the following new paragraph: 

‘‘(18) The term ‘acquisition workforce’ means the persons 

serving in acquisition positions within the Department of 

Defense, as designated pursuant to section 1721(a) of this title.’’. 

SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW. 

(a) CURRICULUM REVIEW.—Not later than one year after the 

date of the enactment of this Act, the Under Secretary of Defense 

for Acquisition, Technology, and Logistics shall lead a review of 

the curriculum offered by the Defense Acquisition University to 

ensure it adequately supports the training and education requirements of acquisition professionals, particularly in service contracting, long term sustainment strategies, information technology, 

and rapid acquisition. The review shall also involve the service 

acquisition executives of each military department. 

(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 

Deadline. 

10 USC 1723 

note. 

10 USC 1723 

note. 

10 USC 1748 

note. 


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124 STAT. 4306 PUBLIC LAW 111–383—JAN. 7, 2011 

proposed appropriations necessary to support the training requirements of the amendments made by section 874, including any 

new training requirements determined after the review conducted 

under subsection (a). The Secretary shall identify any additional 

funding needed for such training requirements in the separate 

chapter on the defense acquisition workforce required in the next 

annual strategic workforce plan under 115b of title 10, United 

States Code. 

(c) REQUIREMENT FOR ONGOING CURRICULUM DEVELOPMENT

WITH CERTAIN SCHOOLS.— (1) REQUIREMENT.—Section 1746 of title 10, United States 

Code, is amended by adding at the end the following new 

subsection: 

‘‘(c) CURRICULUM DEVELOPMENT.—The President of the Defense 

Acquisition University shall work with the relevant professional 

schools and degree-granting institutions of the Department of 

Defense and military departments to ensure that best practices 

are used in curriculum development to support acquisition 

workforce positions.’’. 

(2) AMENDMENT TO SECTION HEADING.—(A) The heading 

of section 1746 of such title is amended to read as follows: 

‘‘§ 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. 

Deadline. 

10 USC 2222 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4307 

(3) DESCRIPTION IN SEMIANNUAL REPORTS.—The Under Secretary shall describe each interim milestone established pursuant to paragraph (1) in the next semiannual report submitted 

pursuant to section 1003(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2439; 10 U.S.C. 2222 note). Each subsequent semiannual report 

submitted pursuant to section 1003(b) shall explain how the 

Department has progressed toward meeting such interim milestones. 

(b) VALUATION OF DEPARTMENT OF DEFENSE ASSETS.— (1) 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.— 

Deadline. 


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124 STAT. 4308 PUBLIC LAW 111–383—JAN. 7, 2011 

(1) REVIEW REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Under Secretary of 

Defense (Comptroller) shall review options for providing appropriate incentives to the military departments, Defense Agencies, 

and defense field activities to ensure that financial statements 

are validated as ready for audit earlier than September 30, 

2017. 

(2) OPTIONS REVIEWED.—The review performed pursuant 

to paragraph (1) shall consider changes in policy that reflect 

the increased confidence that can be placed in auditable financial statements, and shall include, at a minimum, consideration 

of the following options: 

(A) Consistent with the need to fund urgent warfighter 

requirements and operational needs, priority in the release 

of appropriated funds. 

(B) Relief from the frequency of financial reporting 

in cases in which such reporting is not required by law. 

(C) Relief from departmental obligation and expenditure thresholds to the extent that such thresholds establish 

requirements more restrictive than those required by law. 

(D) Increases in thresholds for reprogramming of funds. 

(E) Personnel management incentives for the financial 

and business management workforce. 

(F) Such other measures as the Under Secretary considers appropriate. 

(3) REPORT.—The Under Secretary shall include a discussion of the review performed pursuant to paragraph (1) in 

the next semiannual report pursuant to section 1003(b) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 note) and for 

each option considered pursuant to paragraph (2) shall 

include— 

(A) an assessment of the extent to which the 

implementation of the option— 

(i) would be consistent with the efficient operation 

of the Department of Defense and the effective funding 

of essential Department of Defense programs and 

activities; and 

(ii) would contribute to the achievement of Department of Defense goals to prepare auditable financial 

statements; and 

(B) a recommendation on whether such option should 

be adopted, a schedule for implementing the option if adoption is recommended, or a reason for not recommending 

the option if adoption is not recommended. 

SEC. 882. REVIEW OF OBLIGATION AND EXPENDITURE THRESHOLDS. 

(a) PROCESS REVIEW.—Not later than one year after the date 

of the enactment of this Act, the Chief Management Officer of 

the Department of Defense, in coordination with the Chief Management Officer of each military department, the Director of the Office 

of Performance Assessment and Root Cause Analysis, the Under 

Secretary of Defense (Comptroller), and the Comptrollers of the 

military departments, shall complete a comprehensive review of 

the use and value of obligation and expenditure benchmarks and 

propose new benchmarks or processes for tracking financial 

performance, including, as appropriate— 

Deadline. 

10 USC 2222 

note. 

Deadlines. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4309 

(1) increased reliance on individual obligation and expenditure plans for measuring program financial performance; 

(2) mechanisms to improve funding stability and to increase 

the predictability of the release of funding for obligation and 

expenditure; and 

(3) streamlined mechanisms for a program manager to 

submit an appeal for funding changes and to have such appeal 

evaluated promptly. 

(b) TRAINING.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Under Secretary of Defense 

(Comptroller) shall ensure that, as part of the training required 

for program managers and business managers, an emphasis is 

placed on obligating and expending appropriated funds in a manner 

that achieves the best value for the Government and that the 

purpose and limitations of obligation and expenditure benchmarks 

are made clear. 

(c) REPORT.—The Deputy Chief Management Officer of the 

Department of Defense shall include a report on the results of 

the review under this section in the next update of the strategic 

management plan transmitted to the Committees on Armed Services of the Senate and the House of Representatives under section 

904(d) of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 275; 10 U.S.C. note prec. 

2201) after the completion of the review. 

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

(a) REPORT.— 

(1) REQUIREMENT.—Not later than September 30, 2011, 

the Comptroller General of the United States shall submit 

to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives 

a detailed report on the additional cost to the Department 

of Defense associated with compliance with the Patient Protection and Affordable Care Act (Public Law 111–148) and the 

Health Care and Education Reconciliation Act of 2010 (Public 

Law 111–152). 

(2) MATTERS COVERED.—The report required by paragraph 

(1) shall include an estimate of— 

(A) the additional costs, if any, incurred on health 

care contracts to comply with such Acts; and 

(B) any other additional costs to the Department of 

Defense to comply with such Acts. 

(b) HEALTH CARE CONTRACT DEFINED.—In this section, the 

term ‘‘health care contract’’ means a contract awarded by the 

Department of Defense in an amount greater than the simplified 

acquisition threshold for the acquisition of any of the following: 

(1) Medical supplies. 

(2) Health care services and administration, including the 

services of medical personnel. 

(3) Durable medical equipment. 

(4) Pharmaceuticals. 

(5) Health care-related information technology. 


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124 STAT. 4310 PUBLIC LAW 111–383—JAN. 7, 2011 

PART IV—INDUSTRIAL BASE 

SEC. 891. EXPANSION OF THE INDUSTRIAL BASE. 

(a) PROGRAM TO EXPAND INDUSTRIAL BASE REQUIRED.—The 

Secretary of Defense shall establish a program to expand the industrial base of the Department of Defense to increase the Department’s access to innovation and the benefits of competition. 

(b) IDENTIFYING AND COMMUNICATING WITH FIRMS THAT ARE

NOT TRADITIONAL SUPPLIERS.—The program established under subsection (a) shall use tools and resources available within the Federal 

Government and available from the private sector to provide a 

capability for identifying and communicating with firms that are 

not traditional suppliers, including commercial firms and firms 

of all business sizes, that are engaged in markets of importance 

to the Department of Defense in which such firms can make a 

significant contribution. 

(c) OUTREACH TO LOCAL FIRMS NEAR DEFENSE INSTALLATIONS.—The program established under subsection (a) shall include 

outreach, using procurement technical assistance centers, to firms 

of all business sizes in the vicinity of Department of Defense 

installations regarding opportunities to obtain contracts and subcontracts to perform work at such installations. 

(d) INDUSTRIAL BASE REVIEW.—The program established under 

subsection (a) shall include a continuous effort to review the industrial base supporting the Department of Defense, including the 

identification of markets of importance to the Department of 

Defense in which firms that are not traditional suppliers can make 

a significant contribution. 

(e) FIRMS THAT ARE NOT TRADITIONAL SUPPLIERS.—For purposes of this section, a firm is not a traditional supplier of the 

Department of Defense if it does not currently have contracts and 

subcontracts to perform work for the Department of Defense with 

a total combined value in excess of $500,000. 

(f) PROCUREMENT TECHNICAL ASSISTANCE CENTER.—In this section, the term ‘‘procurement technical assistance center’’ means 

a center operating under a cooperative agreement with the Defense 

Logistics Agency to provide procurement technical assistance pursuant to the authority provided in chapter 142 of title 10, United 

States Code. 

SEC. 892. PRICE TREND ANALYSIS FOR SUPPLIES AND EQUIPMENT 

PURCHASED BY THE DEPARTMENT OF DEFENSE. 

(a) PRICE TREND ANALYSIS PROCEDURES.— 

(1) IN GENERAL.—The Secretary of Defense shall develop 

and implement procedures that, to the maximum extent practicable, provide for the collection and analysis of information 

on price trends for covered supplies and equipment purchased 

by the Department of Defense. The procedures shall include 

an automated process for identifying categories of covered supplies and equipment described in paragraph (2) that have 

experienced significant escalation in prices. 

(2) CATEGORY OF COVERED SUPPLIES AND EQUIPMENT.—A 

category of covered supplies and equipment referred to in paragraph (1) consists of covered supplies and equipment that have 

the same National Stock Number, are in a single Federal 

Supply Group or Federal Supply Class, are provided by a single 

10 USC 2306a 

note. 

Definition. 

10 USC 2501 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4311 

contractor, or are otherwise logically grouped for the purpose 

of analyzing information on price trends. 

(3) REQUIREMENT TO EXAMINE CAUSES OF ESCALATION.— 

An analysis conducted pursuant to paragraph (1) shall include, 

for any category in which significant escalation in prices is 

identified, a more detailed examination of the causes of escalation for such prices within the category and whether such 

price escalation is consistent across the Department of Defense. 

(4) REQUIREMENT TO ADDRESS UNJUSTIFIED ESCALATION.— The head of a Defense Agency or the Secretary of a military 

department shall take appropriate action to address any 

unjustified escalation in prices being paid for items procured 

by that agency or military department as identified in an 

analysis conducted pursuant to paragraph (1). 

(b) ANNUAL REPORT.—Not later than April 1 of each year, 

the Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report on the analyses of price 

trends that were conducted for categories of covered supplies and 

equipment during the preceding fiscal year under the procedures 

implemented pursuant to paragraph (1). The report shall include 

a description of the actions taken to identify and address any 

unjustified price escalation for the categories of items. 

(c) DEFINITIONS.—In this section: 

(1) SUPPLIES AND EQUIPMENT.—The term ‘‘supplies and 

equipment’’ means items classified as supplies and equipment 

under the Federal Supply Classification System. 

(2) COVERED SUPPLIES AND EQUIPMENT.—The term ‘‘covered 

supplies and equipment’’ means all supplies and equipment 

purchased by the Department of Defense. The term does not 

include major weapon systems but does include individual parts 

and components purchased as spare or replenishment parts 

for such weapon systems. 

(d) SUNSET DATE.—This section shall not be in effect on and 

after April 1, 2015. 

SEC. 893. 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 

Deadline. 

10 USC 2302 

note. 


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124 STAT. 4312 PUBLIC LAW 111–383—JAN. 7, 2011 

(B) reduced reliance on, and enhanced scrutiny of, data 

provided by a contractor business system that has been 

disapproved. 

(c) REMEDIAL ACTIONS.—The program developed pursuant to 

subsection (a) shall provide the following: 

(1) In the event a contractor business system is disapproved 

pursuant to subsection (b)(5), appropriate officials of the 

Department of Defense will be available to work with the 

contractor to develop a corrective action plan defining specific 

actions to be taken to address the significant deficiencies identified in the system and a schedule for the implementation of 

such actions. 

(2) An appropriate official of the Department of Defense 

may withhold up to 10 percent of progress payments, performance-based payments, and interim payments under covered 

contracts from a covered contractor, as needed to protect the 

interests of the Department and ensure compliance, if one 

or more of the contractor business systems of the contractor 

has been disapproved pursuant to subsection (b)(5) and has 

not subsequently received approval. 

(3) The amount of funds to be withheld under paragraph 

(2) shall be reduced if a contractor adopts an effective corrective 

action plan pursuant to paragraph (1) and is effectively implementing such plan. 

(d) GUIDANCE AND TRAINING.—The program developed pursuant 

to subsection (a) shall provide guidance and training to appropriate 

government officials on the data that is produced by contractor 

business systems and the manner in which such data should be 

used to effectively manage Department of Defense programs. 

(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit an official of the Department of Defense 

from reviewing, approving, or disapproving a contractor business 

system pursuant to any applicable law or regulation in force as 

of the date of the enactment of this Act during the period between 

the date of the enactment of this Act and the date on which 

the Secretary implements the requirements of this section with 

respect to such system. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘contractor business system’’ means an 

accounting system, estimating system, purchasing system, 

earned value management system, material management and 

accounting system, or property management system of a contractor. 

(2) The term ‘‘covered contractor’’ means a contractor that 

is subject to the cost accounting standards under section 26 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

422). 

(3) The term ‘‘covered contract’’ means a cost-reimbursement contract, incentive-type contract, time-and-materials contract, or labor-hour contract that could be affected if the data 

produced by a contractor business system has a significant 

deficiency. 

(4) The term ‘‘significant deficiency’’, in the case of a contractor business system, means a shortcoming in the system 

that materially affects the ability of officials of the Department 

of Defense and the contractor to rely upon information produced 

by the system that is needed for management purposes. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4313 

(g) DEFENSE CONTRACT AUDIT AGENCY LEGAL RESOURCES AND

EXPERTISE.— 

(1) REQUIREMENT.—The Secretary of Defense shall ensure 

that— 

(A) the Defense Contract Audit Agency has sufficient 

legal resources and expertise to conduct its work in compliance with applicable Department of Defense policies and 

procedures; and 

(B) such resources and expertise are provided in a 

manner that is consistent with the audit independence 

of the Defense Contract Audit Agency. 

(2) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

Committees on Armed Services of the Senate and the House 

of Representatives a report on the steps taken to comply with 

the requirements of this subsection. 

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

DEFENSE. 

(a) REVIEW AND RECOMMENDATIONS.—The Secretary of Defense, 

acting through the Director of Small Business Programs in the 

Department of Defense, shall review barriers to firms that are 

not traditional suppliers to the Department of Defense wishing 

to contract with the Department of Defense and its defense supply 

centers and develop a set of recommendations on the elimination 

of such barriers. The Director shall identify and consult with a 

wide range of firms that are not traditional suppliers to the Department of Defense for the purpose of identifying such barriers and 

developing such recommendations. 

(b) DEFINITION.—For the purposes of this section, a firm is 

not a traditional supplier of the Department of Defense if it does 

not currently have contracts and subcontracts to perform work 

for the Department of Defense with a total combined value in 

excess of $500,000. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report summarizing the findings and recommendations 

of the review conducted pursuant to this section. 

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

INDUSTRIAL BASE. 

(a) REVISED DEFINITIONS.—Section 2500 of title 10, United 

States Code, is amended— 

(1) in paragraph (1), by striking ‘‘or maintenance’’ and 

inserting ‘‘integration, services, or information technology’’; 

(2) in paragraph (4), by striking ‘‘or production’’ and 

inserting ‘‘production, integration, services, or information technology’’; 

(3) in paragraph (9)(A), by striking ‘‘and manufacturing’’ 

and inserting ‘‘manufacturing, integration, services, and 

information technology’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(15) The term ‘integration’ means the process of providing 

systems engineering and technical direction for a system for 

the purpose of achieving capabilities that satisfy program 

requirements.’’. 

Consultation. 


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124 STAT. 4314 PUBLIC LAW 111–383—JAN. 7, 2011 

(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. 

‘‘(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. 

10 USC 2501. 


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‘‘(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— 

‘‘(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. 


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124 STAT. 4316 PUBLIC LAW 111–383—JAN. 7, 2011 

‘‘(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. 

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. 

Procedures. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4317 

Sec. 943. Report on organizational structure and policy guidance of the Department 

of Defense regarding information operations. 

Sec. 944. Report on organizational structures of the geographic combatant command headquarters. 

Subtitle A—Department of Defense 

Management 

SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF 

DEFENSE TO CARRY OUT REDUCTION REQUIRED BY LAW 

IN NUMBER OF DEPUTY UNDER SECRETARIES OF 

DEFENSE. 

(a) REDESIGNATION OF CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DEFENSE.— 

(1) REDESIGNATION.—Positions in the Office of the Secretary of Defense are hereby redesignated as follows: 

(A) The Director of Defense Research and Engineering 

is redesignated as the Assistant Secretary of Defense for 

Research and Engineering. 

(B) The Director of Operational Energy Plans and Programs is redesignated as the Assistant Secretary of Defense 

for Operational Energy Plans and Programs. 

(C) The Assistant to the Secretary of Defense for 

Nuclear and Chemical and Biological Defense Programs 

is redesignated as the Assistant Secretary of Defense for 

Nuclear, Chemical, and Biological Defense Programs. 

(2) REFERENCES.—Any reference in any law, rule, regulation, paper, or other record of the United States to an office 

of the Department of Defense redesignated by paragraph (1) 

shall be deemed to be a reference to such office as so redesignated. 

(b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RELATING TO

REORGANIZATION.— (1) REPEAL OF SEPARATE PRINCIPAL DEPUTY UNDER SECRETARY OF DEFENSE PROVISIONS.—Sections 133a, 134a, and 

136a of title 10, United States Code, are repealed. 

(2) COMPONENTS OF OSD.—Subsection (b) of section 131 

of such title is amended to read as follows: 

‘‘(b) The Office of the Secretary of Defense is composed of 

the following: 

‘‘(1) The Deputy Secretary of Defense. 

‘‘(2) The Under Secretaries of Defense, as follows: 

‘‘(A) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

‘‘(B) The Under Secretary of Defense for Policy. 

‘‘(C) The Under Secretary of Defense (Comptroller). 

‘‘(D) The Under Secretary of Defense for Personnel 

and Readiness. 

‘‘(E) The Under Secretary of Defense for Intelligence. 

‘‘(3) The Deputy Chief Management Officer of the Department of Defense. 

‘‘(4) Other officers who are appointed by the President, 

by and with the advice and consent of the Senate, and who 

report directly to the Secretary and Deputy Secretary without 

intervening authority, as follows: 

Appointments. 

President. 

5 USC 3104 note; 

10 USC 1071 

note, 2358 note, 

2362, 2521 and 

note, 2925; 

20 USC 9631; 

22 USC 2751 

note. 

10 USC 131 note. 


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124 STAT. 4318 PUBLIC LAW 111–383—JAN. 7, 2011 

‘‘(A) The Director of Cost Assessment and Program 

Evaluation. 

‘‘(B) The Director of Operational Test and Evaluation. 

‘‘(C) The General Counsel of the Department of 

Defense. 

‘‘(D) The Inspector General of the Department of 

Defense. 

‘‘(5) The Principal Deputy Under Secretaries of Defense. 

‘‘(6) The Assistant Secretaries of Defense. 

‘‘(7) Other officials provided for by law, as follows: 

‘‘(A) The Deputy Assistant Secretary of Defense for 

Developmental Test and Evaluation appointed pursuant 

to section 139b(a) of this title. 

‘‘(B) The Deputy Assistant Secretary of Defense for 

Systems Engineering appointed pursuant to section 139b(b) 

of this title. 

‘‘(C) The Deputy Assistant Secretary of Defense for 

Manufacturing and Industrial Base Policy appointed pursuant to section 139c of this title. 

‘‘(D) The Director of Small Business Programs 

appointed pursuant to section 144 of this title. 

‘‘(E) The official designated under section 1501(a) of 

this title to have responsibility for Department of Defense 

matters relating to missing persons as set forth in section 

1501 of this title. 

‘‘(F) The Director of Family Policy under section 1781 

of this title. 

‘‘(G) The Director of the Office of Corrosion Policy 

and Oversight assigned pursuant to section 2228(a) of this 

title. 

‘‘(H) The official designated under section 2438(a) of 

this title to have responsibility for conducting and overseeing performance assessments and root cause analyses 

for major defense acquisition programs. 

‘‘(8) Such other offices and officials as may be established 

by law or the Secretary of Defense may establish or designate 

in the Office.’’. 

(3) PRINCIPAL DEPUTY UNDER SECRETARIES OF DEFENSE.— 

Section 137a of such title is amended— 

(A) in subsections (a)(1), (b), and (d), by striking 

‘‘Deputy Under’’ and inserting ‘‘Principal Deputy Under’’; 

(B) in subsection (a)(2), by striking ‘‘(A) The’’ and all 

that follows through ‘‘(5) of subsection (c)’’ and inserting 

‘‘The Principal Deputy Under Secretaries of Defense’’; 

(C) in subsection (c)— 

(i) in paragraphs (1), (2), (3), (4), and (5), by 

striking ‘‘One of the Deputy’’ and inserting ‘‘One of 

the Principal Deputy’’; 

(ii) in paragraphs (1), (2), and (3), by striking 

‘‘appointed’’ and all that follows through ‘‘this title’’; 

(iii) in paragraphs (4) and (5), by striking ‘‘shall 

be’’ and inserting ‘‘is’’; and 

(iv) in paragraph (5), by inserting before the period 

at the end the following: ‘‘, who shall be appointed 

from among persons who have extensive expertise in 

intelligence matters’’; and 

10 USC 137. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4319 

(D) in subsection (d), by adding at the end the following 

new sentence: ‘‘The Principal Deputy Under Secretaries 

shall take precedence among themselves in the order prescribed by the Secretary of Defense.’’. 

(4) ASSISTANT SECRETARIES OF DEFENSE GENERALLY.—Section 138 of such title is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘12’’ and inserting 

‘‘16’’; and 

(ii) in paragraph (2), by striking ‘‘(A) The’’ and 

all that follows through ‘‘The other’’ and inserting 

‘‘The’’; 

(B) in subsection (b)— 

(i) in paragraphs (2), (3), (4), (5), and (6), by 

striking ‘‘shall be’’ and inserting ‘‘is’’; 

(ii) in paragraph (7), by striking ‘‘appointed pursuant to section 138a of this title’’; and 

(iii) by adding at the end the following new paragraphs: 

‘‘(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Research and Engineering. In addition 

to any duties and powers prescribed under paragraph (1), the 

Assistant Secretary of Defense for Research and Engineering 

shall have the duties specified in section 138b of this title. 

‘‘(9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. 

In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational 

Energy Plans and Programs shall have the duties specified 

in section 138c of this title. 

‘‘(10) One of the Assistant Secretaries is the Assistant 

Secretary of Defense for Nuclear, Chemical, and Biological 

Defense Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense 

for Nuclear, Chemical, and Biological Defense Programs shall 

have the duties specified in section 138d of this title.’’; and 

(C) in subsection (d), by striking ‘‘and the Director 

of Defense Research and Engineering’’ and inserting ‘‘the 

Deputy Chief Management Officer of the Department of 

Defense, the officials serving in positions specified in section 131(b)(4) of this title, and the Principal Deputy Under 

Secretaries of Defense’’. 

(5) ASSISTANT SECRETARY FOR LOGISTICS AND MATERIEL

READINESS.—Section 138a(a) of such title is amended— 

(A) by striking ‘‘There is a’’ and inserting ‘‘The’’; and 

(B) by striking ‘‘, appointed from civilian life by the 

President, by and with the advice and consent of the 

Senate. The Assistant Secretary’’. 

(6) ASSISTANT SECRETARY FOR RESEARCH AND

ENGINEERING.—Section 139a of such title is transferred so as 

to appear after section 138a, redesignated as section 138b, 

and amended— 

(A) by striking subsection (a); 

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; 

(C) in subsection (a), as so redesignated, by striking 

‘‘Director of Defense Research and Engineering’’ and 

10 USC 138. 


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124 STAT. 4320 PUBLIC LAW 111–383—JAN. 7, 2011 

inserting ‘‘Assistant Secretary of Defense for Research and 

Engineering’’; and 

(D) in subsection (b), as so redesignated— 

(i) in paragraph (1), by striking ‘‘Director of 

Defense Research and Engineering,’’ and inserting 

‘‘Assistant Secretary of Defense for Research and 

Engineering,’’; and 

(ii) in paragraph (2), by striking ‘‘Director’’ and 

inserting ‘‘Assistant Secretary’’. 

(7) ASSISTANT SECRETARY FOR OPERATIONAL ENERGY PLANS

AND PROGRAMS.—Section 139b of such title is transferred so 

as to appear after section 138b (as transferred and redesignated 

by paragraph (6)), redesignated as section 138c, and amended— 

(A) in subsection (a), by striking ‘‘There is a’’ and 

all that follows through ‘‘The Director’’ and inserting ‘‘The 

Assistant Secretary of Defense for Operational Energy 

Plans and Programs’’; 

(B) by striking ‘‘Director’’ each place it appears and 

inserting ‘‘Assistant Secretary’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘Not later than’’ and all that follows 

through ‘‘military departments’’ and inserting ‘‘The 

Secretary of each military department’’; 

(ii) by striking ‘‘who will’’ and inserting ‘‘who 

shall’’; and 

(iii) by inserting ‘‘so designated’’ after ‘‘The officials’’; and 

(D) in subsection (d)(4), by striking ‘‘The initial’’ and 

all that follows through ‘‘updates to the strategy’’ and 

inserting ‘‘Updates to the strategy required by paragraph 

(1)’’. 

(8) ASSISTANT SECRETARY FOR NUCLEAR, CHEMICAL, AND

BIOLOGICAL DEFENSE PROGRAMS.—Section 142 of such title is 

transferred so as to appear after section 138c (as redesignated 

and transferred by paragraph (7)), redesignated as section 138d, 

and amended— 

(A) by striking subsection (a); 

(B) by redesignating subsection (b) as subsection (a) 

and in that subsection, as so redesignated, by striking 

‘‘The Assistant to the Secretary’’ and inserting ‘‘The Assistant Secretary of Defense for Nuclear, Chemical, and 

Biological Defense Programs’’; and 

(C) by striking subsection (c) and inserting the following new subsection (b): 

‘‘(b) The Assistant Secretary may communicate views on issues 

within the responsibility of the Assistant Secretary directly to the 

Secretary of Defense and the Deputy Secretary of Defense without 

obtaining the approval or concurrence of any other official within 

the Department of Defense.’’. 

(c) DEPUTY CHIEF MANAGEMENT OFFICER.— 

(1) IN GENERAL.—Chapter 4 of title 10, United States Code, 

is further amended by inserting after section 132 the following 

new section: 

10 USC 139. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4321 

‘‘§ 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 ASSESS- MENTS AND ROOT CAUSE ANALYSES OF MDAPS.—Section 103 of 

the Weapon Systems Acquisition Reform Act of 2009 (Public Law 

111–23; 123 Stat. 1715; 10 U.S.C. 2430 note) is transferred to 

chapter 144 of title 10, United States Code, inserted so as to 

appear after section 2437, redesignated as section 2438, and 

amended— 

(1) in subsection (b)(2), by striking ‘‘section 2433a(a)(1) 

of title 10, United States Code (as added by section 206(a) 

of this Act)’’ and inserting ‘‘section 2433a(a)(1) of this title’’; 

(2) in subsection (b)(5)— 

(A) by striking ‘‘section 2433a of title 10, United States 

Code (as so added)’’ and inserting ‘‘section 2433a of this 

title’’; and 

(B) by striking ‘‘prior to’’ both places it appears and 

inserting ‘‘before’’; 

(3) in subsection (d), by striking ‘‘section 2433a of title 

10, United States Code (as so added)’’ and inserting ‘‘section 

2433a of this title’’; and 

(4) in subsection (f), by striking ‘‘beginning in 2010,’’. 

(e) REDESIGNATION OF DDTE AS DEPUTY ASSISTANT SECRETARY

FOR DEVELOPMENTAL TEST AND EVALUATION AND DSE AS DEPUTY

ASSISTANT SECRETARY OF DEFENSE FOR SYSTEMS ENGINEERING.— Section 139d of title 10, United States Code, is amended— 

(1) by striking ‘‘Director of Developmental Test and Evaluation’’ each place it appears and inserting ‘‘Deputy Assistant 

Secretary of Defense for Developmental Test and Evaluation’’; 

(2) by striking ‘‘Director of Systems Engineering’’ each place 

it appears and inserting ‘‘Deputy Assistant Secretary of Defense 

for Systems Engineering’’; 

(3) in subsection (a)— 

(A) by striking the subsection heading and inserting 

‘‘DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR 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 

10 USC 132. 

President. 


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124 STAT. 4322 PUBLIC LAW 111–383—JAN. 7, 2011 

(E) in paragraph (6), by striking ‘‘Director’s’’ and 

inserting ‘‘Deputy Assistant Secretary’s’’; and 

(4) in subsection (b)— 

(A) by striking the subsection heading and inserting 

‘‘DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR SYSTEMS

ENGINEERING.—’’; 

(B) by striking ‘‘Director’’ each place it appears in 

paragraphs (2), (3), (5), and (6) and inserting ‘‘Deputy 

Assistant Secretary’’; 

(C) in paragraph (4), by striking the paragraph heading 

and inserting ‘‘COORDINATION WITH DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION.—’’; and 

(D) in paragraph (6), by striking ‘‘Director’s’’ and 

inserting ‘‘Deputy Assistant Secretary’s’’. 

(f) REORGANIZATION OF CERTAIN PROVISIONS WITHIN CHAPTER

4 TO ACCOUNT FOR OTHER TRANSFERS OF PROVISIONS.—Chapter 

4 of title 10, United States Code, is further amended by redesignating sections 139c, 139d (as amended by subsection (e)), and 

139e (as added by section 896 of this Act) as sections 139a, 139b, 

and 139c, respectively. 

(g) REPEAL OF STATUTORY REQUIREMENT FOR OFFICE FOR

MISSING PERSONNEL IN OSD.—Section 1501(a) of title 10, United 

States Code, is amended— 

(1) by striking the subsection heading and inserting the 

following: ‘‘RESPONSIBILITY FOR MISSING PERSONNEL.—’’; 

(2) in paragraph (1)— 

(A) by striking ‘‘establish within the Office of the Secretary of Defense an office to have responsibility for Department of Defense policy’’ in the first sentence and inserting 

‘‘designate within the Office of the Secretary of Defense 

an official as the Deputy Assistant Secretary of Defense 

for Prisoner of War/Missing Personnel Affairs to have 

responsibility for Department of Defense matters’’; 

(B) by striking the second sentence; 

(C) by striking ‘‘of the office’’ and inserting ‘‘of the 

official designated under this paragraph’’; 

(D) by striking ‘‘and’’ at the end of subparagraph (A); 

(E) by redesignating subparagraph (B) as subparagraph (C); and 

(F) by inserting after subparagraph (A) the following 

new subparagraph (B): 

‘‘(B) policy, control, and oversight of the program established under section 1509 of this title, as well as the accounting 

for missing persons (including locating, recovering, and identifying missing persons or their remains after hostilities have 

ceased); and’’; 

(3) by redesignating paragraphs (2), (3), (4), and (5) as 

paragraphs (3), (4), (5), and (6), respectively; 

(4) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The official designated under paragraph (1) shall also 

serve as the Director, Defense Prisoner of War/Missing Personnel Office, as established under paragraph (6)(A), exercising 

authority, direction, and control over that activity.’’. 

(5) in paragraph (3), as so redesignated— 

Designation. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4323 

(A) by striking ‘‘of the office’’ the first place it appears; 

and 

(B) by striking ‘‘head of the office’’ and inserting ‘‘official designated under paragraph (1) and (2)’’; 

(6) in paragraph (4), as so redesignated— 

(A) by striking ‘‘office’’ and inserting ‘‘designated official’’; and 

(B) by inserting after ‘‘evasion)’’ the following: ‘‘and 

for personnel accounting (including locating, recovering, 

and identifying missing persons or their remains after hostilities have ceased)’’; 

(7) in paragraph (5), as so redesignated, by striking ‘‘office’’ 

and inserting ‘‘designated official’’; and 

(8) in paragraph (6), as so redesignated— 

(A) in subparagraph (A)— 

(i) by inserting after ‘‘(A)’’ the following: ‘‘The Secretary of Defense shall establish an activity to account 

for personnel who are missing or whose remains have 

not been recovered from the conflict in which they 

were lost. This activity shall be known as the Defense 

Prisoner of War/Missing Personnel Office.’’; and 

(ii) by striking ‘‘office’’ both places it appears and 

inserting ‘‘activity’’; 

(B) in subparagraph (B)(i), by striking ‘‘to the office’’ 

and inserting ‘‘activity’’; 

(C) in subparagraph (B)(ii)— 

(i) by striking ‘‘to the office’’ and inserting 

‘‘activity’’; and 

(ii) by striking ‘‘of the office’’ and inserting ‘‘of 

the activity’’; and 

(D) in subparagraph (C), by striking ‘‘office’’ and 

inserting ‘‘activity’’. 

(h) CLARIFICATION OF HEAD OF OFFICE FOR FAMILY POLICY.— 

Section 1781 of title 10, United States Code, is amended— 

(1) in subsection (a), by striking the second sentence and 

inserting the following new sentence: ‘‘The office shall be headed 

by the Director of Family Policy, who shall serve within the 

office of the Under Secretary of Defense for Personnel and 

Readiness.’’; and 

(2) by striking ‘‘the Office’’ each place it appears and 

inserting ‘‘the Director’’. 

(i) MODIFICATION OF STATUTORY LIMITATION ON NUMBER OF

DEPUTY UNDER SECRETARIES OF DEFENSE.— 

(1) DELAY IN LIMITATION ON NUMBER OF DUSDS.—Section 

906(a)(2) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a 

note) is amended by striking ‘‘January 1, 2011’’ and inserting 

‘‘January 1, 2015’’. 

(2) 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.— 

Time period. 

10 USC 137a 

note. 


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124 STAT. 4324 PUBLIC LAW 111–383—JAN. 7, 2011 

(A) REPORT REQUIRED.—Not later than September 15, 

2013, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of 

Representatives a report setting forth a plan for the 

realignment of the organizational structure of the Office 

of the Secretary of Defense to comply with the requirement 

of section 906(a)(2) of the National Defense Authorization 

Act for Fiscal Year 2010, as amended by paragraph (1). 

(B) ELEMENTS.—In preparing the report required by 

subparagraph (A), the Secretary shall consider, at a minimum, the feasibility of taking the following actions on 

or before January 1, 2015: 

(i) A merger of the position of Deputy Under Secretary of Defense (Installations and Environment) and 

the position of Assistant Secretary of Defense for Operational Energy Plans and Programs (as established 

in accordance with the amendments made by subsection (b)(7)) into a single Assistant Secretary position. 

(ii) A realignment of positions within the Office 

of the Under Secretary of Defense for Policy to eliminate the position of Deputy Under Secretary of Defense 

(Strategy, Plans, and Forces). 

(j) OTHER CONFORMING AMENDMENTS TO TITLE 10.— 

(1) Section 179(c) of title 10, United States Code, is 

amended— 

(A) in paragraphs (2) and (3), by striking ‘‘Assistant 

to the Secretary of Defense for Nuclear and Chemical and 

Biological Defense Programs’’ and inserting ‘‘Assistant Secretary of Defense for Nuclear, Chemical, and Biological 

Defense Programs’’; and 

(B) in paragraph (3), by striking ‘‘that Assistant to 

the Secretary’’ and inserting ‘‘Assistant Secretary’’. 

(2) Section 2272 of such title is amended by striking 

‘‘Director of Defense Research and Engineering’’ each place 

it appears and inserting ‘‘Assistant Secretary of Defense for 

Research and Engineering’’. 

(3) Section 2365 of such title is amended— 

(A) in subsection (a), by striking ‘‘Director of Defense 

Research and Engineering’’ and inserting ‘‘Assistant Secretary’’; 

(B) in subsection (d)(1), by striking ‘‘Director’’ and 

inserting ‘‘Assistant Secretary’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘Director of Defense Research and 

Engineering’’ and inserting ‘‘Assistant Secretary of 

Defense for Research and Engineering’’; and 

(ii) by striking ‘‘Director may’’ and inserting 

‘‘Assistant Secretary may’’; and 

(D) in subsection (e), by striking ‘‘Director’’ and 

inserting ‘‘Assistant Secretary’’. 

(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 

2517(a) of such title are amended by striking ‘‘Director of 

Defense Research and Engineering’’ and inserting ‘‘Assistant 

Secretary of Defense for Research and Engineering’’. 

(5) Section 2902(b) of such title is amended— 

(A) in paragraph (1), by striking ‘‘Deputy Under Secretary of Defense for Science and Technology’’ and inserting 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4325 

‘‘official within the Office of the Assistant Secretary of 

Defense for Research and Engineering who is responsible 

for science and technology’’; and 

(B) in paragraph (3), by striking ‘‘Deputy Under Secretary of Defense’’ and inserting ‘‘official within the Office 

of the Under Secretary of Defense for Acquisition, Technology, and Logistics who is’’. 

(k) SECTION HEADING AND CLERICAL AMENDMENTS.— (1) SECTION HEADING AMENDMENTS.— (A) The heading of section 137a of title 10, United 

States Code, is amended to read as follows: 

‘‘§ 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: 

‘‘§ 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.’’; 


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124 STAT. 4326 PUBLIC LAW 111–383—JAN. 7, 2011 

(iv) by inserting after the item relating to section 

138a the following new items: 

‘‘138b. Assistant Secretary of Defense for Research and Engineering. 

‘‘138c. Assistant Secretary of Defense for Operational Energy Plans and Programs. 

‘‘138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense 

Programs.’’; 

(v) by striking the items relating to sections 139a, 

139b, 139c, and 139d and inserting the following new 

items: 

‘‘139a. Director of Cost Assessment and Program Evaluation. 

‘‘139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: 

joint guidance. 

‘‘139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base 

Policy.’’; and 

(vi) by striking the item relating to section 142. 

(B) The table of sections at the beginning of chapter 

144 of such title is amended by inserting after the item 

relating to section 2437 the following new item: 

‘‘2438. Performance assessments and root cause analyses.’’. 

(l) OTHER CONFORMING AMENDMENTS.— 

(1) PUBLIC LAW 111–23.—Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 

Stat. 1714; 10 U.S.C. 2430 note) is amended— 

(A) by striking ‘‘Director of Developmental Test and 

Evaluation and the Director of Systems Engineering’’ each 

place it appears and inserting ‘‘Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation and 

the Deputy Assistant Secretary of Defense for Systems 

Engineering’’; and 

(B) in paragraph (3)— 

(i) by striking the paragraph heading and inserting 

‘‘ASSESSMENT OF REPORTS BY DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND

EVALUATION AND DEPUTY ASSISTANT SECRETARY OF

DEFENSE FOR SYSTEMS ENGINEERING.—’’; and 

(ii) by striking ‘‘Directors’’ and inserting ‘‘Deputy 

Assistant Secretaries of Defense’’. 

(2) PUBLIC LAW 110–181.—Section 214 of the National 

Defense Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521 

note) is amended by striking ‘‘Director of Defense Research 

and Engineering’’ and inserting ‘‘Assistant Secretary of Defense 

for Research and Engineering’’. 

(m) TECHNICAL AMENDMENTS.— 

(1) Section 131(a) of title 10, United States Code, is 

amended by striking ‘‘his’’ and inserting ‘‘the Secretary’s’’. 

(2) Section 132 of such title is amended by redesignating 

subsection (d), as added by section 2831(a) of the Military 

Construction Authorization Act for Fiscal Year 2010 (division 

B of Public Law 111–84; 123 Stat. 2669), as subsection (e). 

(3) Section 135(c) of such title is amended by striking 

‘‘clauses’’ and inserting ‘‘paragraphs’’. 

(n) EXECUTIVE SCHEDULE AMENDMENTS.— (1) NUMBER OF ASSISTANT SECRETARY OF DEFENSE POSI- TIONS.—Section 5315 of title 5, United States Code, is amended 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4327 

by striking the item relating to Assistant Secretaries of Defense 

and inserting the following new item: 

‘‘Assistant Secretaries of Defense (16).’’. 

(2) POSITIONS REDESIGNATED AS ASD POSITIONS.— 

(A) 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 

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. 

10 USC 131 note. 

10 USC 131 note. 

5 USC 5315. 


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124 STAT. 4328 PUBLIC LAW 111–383—JAN. 7, 2011 

Subtitle B—Space Activities 

SEC. 911. INTEGRATED SPACE ARCHITECTURES. 

The Secretary of Defense and the Director of National Intelligence shall develop an integrated process for national security 

space architecture planning, development, coordination, and analysis that— 

(1) encompasses defense and intelligence space plans, programs, budgets, and organizations; 

(2) provides mid-term to long-term recommendations to 

guide space-related defense and intelligence acquisitions, 

requirements, and investment decisions; 

(3) is independent of, but coordinated with, the space 

architecture planning, development, coordination, and analysis 

activities of each military department and each element of 

the intelligence community (as defined in section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 401a(4))); and 

(4) makes use of, to the maximum extent practicable, joint 

duty assignment (as defined in section 668 of title 10, United 

States Code) positions. 

SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF TERMINATING 

CONTRACTS UNDER THE NATIONAL POLAR-ORBITING 

OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM. 

None of the funds authorized to be appropriated or otherwise 

made available by this Act to the Secretary of Defense for the 

National Polar-Orbiting Operational Environmental Satellite 

System Program may be obligated or expended for the costs of 

terminating a contract awarded under the Program unless the 

Secretary of Defense and the Secretary of Commerce enter into 

an agreement under which the Secretary of Defense and the Secretary of Commerce will each be responsible for half the costs 

of terminating the contract. 

SEC. 913. LIMITATION ON USE OF FUNDS FOR PURCHASING GLOBAL 

POSITIONING SYSTEM USER EQUIPMENT. 

(a) IN GENERAL.—Except as provided in subsections (b) and 

(c), none of the funds authorized to be appropriated or otherwise 

made available by this Act or any other Act for the Department 

of Defense may be obligated or expended to purchase user equipment for the Global Positioning System during fiscal years after 

fiscal year 2017 unless the equipment is capable of receiving the 

military code (commonly known as the ‘‘M code’’) from the Global 

Positioning System. 

(b) EXCEPTION.—The limitation under subsection (a) shall not 

apply with respect to the purchase of passenger vehicles or commercial vehicles in which Global Positioning System equipment is 

installed. 

(c) WAIVER.—The Secretary of Defense may waive the limitation 

under subsection (a) if the Secretary determines that— 

(1) suitable user equipment capable of receiving the military code from the Global Positioning System is not available; 

or 

(2) with respect to a purchase of user equipment, the 

Department of Defense does not require that user equipment 

10 USC 2281 

note. 

10 USC 2271 

note. 


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to be capable of receiving the military code from the Global 

Positioning System. 

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

(a) IN GENERAL.—The Secretary of Defense shall, in consultation with the Director of National Intelligence and the Administrator for Nuclear Security, submit to the congressional defense 

committees a plan to integrate space-based nuclear detection sensors in a geosynchronous orbit on the Space-Based Infrared System 

or other satellite platforms. 

(b) LIMITATION ON USE OF FUNDS FOR THE SPACE-BASED

INFRARED SYSTEM.— (1) IN GENERAL.—Not more than 90 percent of the amounts 

specified in paragraph (2) may be obligated or expended before 

the date on which the Secretary of Defense submits to the 

congressional defense committees the plan required by subsection (a). 

(2) AMOUNTS SPECIFIED.—The amounts specified in this 

paragraph are the following: 

(A) The amount authorized to be appropriated by section 103 for procurement for the Air Force for missiles 

for the Space-Based Infrared System. 

(B) The amount authorized to be appropriated by section 201 for research, development, test, and evaluation 

for the Air Force for the Space-Based Infrared System. 

SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL 

BASE. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall, in consultation 

with the Administrator of the National Aeronautics and Space 

Administration, submit to the appropriate committees of Congress 

a report on the impact of the cancellation of the Constellation 

program of the National Aeronautics and Space Administration 

on any anticipated next generation mission requirements for missile 

defense interceptors, tactical and strategic missiles, targets, and 

satellite and human spaceflight launch vehicles. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description and assessment of the effects on Department of Defense programs that utilize solid rocket motors of 

the cancellation of the Ares I, the Ares V, or their solid rocket 

alternatives or derivatives, and all supporting elements. 

(2) A description of the plans of the Department of Defense 

to mitigate the impact of the cancellation of the Ares I, the 

Ares V, or their solid rocket alternatives or derivatives, and 

all supporting elements, on the United States solid rocket motor 

industrial base, including a description of the National Aeronautics and Space Administration and Department of Defense 

funding required to implement such plans between fiscal years 

2012 and 2017. 

(3) A description of the impact of the cancellation of the 

Ares I, Ares V, or their solid rocket alternatives or derivatives, 

and all supporting elements, on international partners in programs such as the D–5 Trident missile. 

(4) A detailed description of the source of the data used 

in the report. 


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(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

subsection, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Armed Services, Commerce, Science, 

and Transportation, and Appropriations of the Senate; and 

(2) the Committees on Armed Services, Science and Technology, and Appropriations of the House of Representatives. 

SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR 

INDUSTRIAL BASE. 

(a) IN GENERAL.—The Secretary of Defense shall develop an 

implementation plan to sustain the solid rocket motor industrial 

base that— 

(1) is based on the recommendations included in the report 

submitted to the congressional defense committees under section 1078 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2479); and 

(2) includes a funding plan for carrying out the implementation plan. 

(b) SUBMITTAL TO CONGRESS.—The implementation plan 

required by subsection (a) shall be submitted to Congress with 

the budget of the President for fiscal year 2012 as submitted under 

section 1105(a) of title 31, United States Code. 

SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET 

PROPULSION SYSTEMS INDUSTRIAL BASE. 

(a) IN GENERAL.—The Secretary of Defense shall, in consultation with the Administrator of the National Aeronautics and Space 

Administration, review, and develop a plan to sustain, the liquid 

rocket propulsion systems industrial base. 

(b) ELEMENTS.—The review and plan required by subsection 

(a) shall address the following: 

(1) The capacity to maintain currently available liquid 

rocket propulsion systems. 

(2) The maintenance of an intellectual and engineering 

capacity to support next generation liquid rocket propulsion 

systems and engines, as needed. 

(3) Opportunities for interagency collaboration and research 

and development on future propulsion systems. 

(c) SUBMITTAL TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees the plan required by subsection (a). 

Subtitle C—Intelligence-Related Matters 

SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF 

DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS 

SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES. 

The second sentence of section 431(a) of title 10, United States 

Code, is amended by striking ‘‘December 31, 2010’’ and inserting 

‘‘December 31, 2015’’. 

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

INTEGRATION COUNCIL. 

(a) FINDINGS.—Section 923(a)(4) of the National Defense 

Authorization Act for Fiscal Year 2004 (Public Law 108–163; 117 

Deadline. 


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Stat. 1574; 10 U.S.C. 426 note) is amended by striking ‘‘National 

Foreign Intelligence Program (NFIP), Joint Military Intelligence 

Program (JMIP), and Tactical Intelligence and Related Activities 

Program (TIARA)’’ and inserting ‘‘National Intelligence Program 

(NIP) and a Military Intelligence Program (MIP)’’. 

(b) ADDITIONAL AUTHORIZED ATTENDEES.—Section 426(a) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(4) Each Secretary of a military department may designate 

an officer or employee of such military department to attend the 

proceedings of the Council as a representative of such military 

department.’’. 

SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE 

MANAGEMENT AND COORDINATION OF REMOTELY 

PILOTED AIRCRAFT SUPPORT OF INTELLIGENCE, 

SURVEILLANCE, AND RECONNAISSANCE. 

(a) REPORT REQUIRED.— 

(1) REPORT TO SECRETARY OF DEFENSE BY CHIEFS OF

STAFF.—Not later than 120 days after the date of the enactment 

of this Act, the Chief of Staff of the Army, the Chief of Naval 

Operations, and the Chief of Staff of the Air Force shall jointly 

submit to the Secretary of Defense a report, in accordance 

with this section, on remotely piloted aircraft (RPA) support 

of intelligence, surveillance, and reconnaissance (ISR) within 

their respective Armed Forces. 

(2) TRANSMITTAL TO CONGRESS.—Not later than 30 days 

after the receipt of the report required by paragraph (1), the 

Secretary shall transmit the report, together with the assessment and any recommendations of the Secretary (including 

the matters required pursuant to subsection (b)(2)), to the 

congressional defense committees. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) In the case of the report required by subsection (a)(1), 

a description by each chief of staff referred to in that subsection 

of— 

(A) current and planned remotely piloted aircraft 

inventories to support intelligence, surveillance, and reconnaissance requirements over the period 2011 to 2020, 

including an identification of systems each Armed Force 

considers organic and the systems capable of providing 

theater-level support to the commanders of the combatant 

commands; 

(B) policy and processes of each Armed Force for coordinating investments in remotely piloted aircraft to meet 

joint force requirements for intelligence, surveillance, and 

reconnaissance and to eliminate unnecessary duplication 

in both development and capability; and 

(C) the current employment of remotely piloted aircraft 

by each Armed Force, including the number of remotely 

piloted aircraft deployed in support operations, the number 

of remotely piloted aircraft assigned for training, and the 

number of remotely piloted aircraft warehoused, the 

capacity of each Armed Force to process, exploit, and 

disseminate intelligence, surveillance, and reconnaissance 

data collected, and the extent to which assets are provided 

Assessment. 

Recommendations. 


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to the joint community to meet requirements of the combatant commands. 

(2) In the case of the transmittal required by subsection 

(a)(2)— 

(A) an assessment of the effectiveness of the employment of remotely piloted aircraft by each Armed Force, 

and a description of the percentage of joint force requirements for intelligence, surveillance, and reconnaissance 

that are being met by the remotely piloted aircraft of 

each Armed Force; 

(B) a description of the joint concept of operations 

under which each Armed Force provides intelligence, 

surveillance, and reconnaissance capabilities through 

remotely piloted aircraft to meet the requirements of the 

combatant commands; 

(C) a description of the processes by which current 

requirements of the commanders of the combatant commands for intelligence, surveillance, and reconnaissance 

are validated, and how the remotely piloted aircraft 

capabilities of each Armed Force are assigned against validated requirements; 

(D) a description of the current intelligence, surveillance, and reconnaissance requirements of each combatant 

command through remotely piloted aircraft; 

(E) a description of how the requirements described 

under subparagraph (D) are being met; 

(F) an identification of any mission degradation or 

failure within the combatant commands due to lack of 

intelligence, surveillance, and reconnaissance support; 

(G) a description of various means of addressing any 

shortfalls in meeting the requirements described under 

subparagraph (D), including temporary shortfalls and 

permanent shortfalls; 

(H) a description of the organization of the Unmanned 

Aerial System Task Force, including the goals and objectives of the task force and the participation and roles 

of each Armed Force within the task force; 

(I) a description of the organization of the Intelligence, 

Surveillance, and Reconnaissance Task Force, including 

the goals and objectives of the task force and the participation and roles of each Armed Force within the task force; 

and 

(J) an identification of any theater-level intelligence, 

surveillance, and reconnaissance capacity of an Armed 

Force that is not being made available by services to fulfill 

joint force requirements for intelligence, surveillance, and 

reconnaissance. 

(c) REMOTELY PILOTED AIRCRAFT DEFINED.—In this section, 

the term ‘‘remotely piloted aircraft’’ means any unmanned aircraft 

operated remotely, whether within or beyond line-of-sight, including 

unmanned aerial systems (UAS), unmanned aerial vehicles (UAV), 

remotely piloted vehicles (RPV), and remotely piloted aircraft (RPA). 


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SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND PERSONNEL 

MANAGEMENT RELATING TO AIR FORCE INTELLIGENCE, 

SURVEILLANCE, AND RECONNAISSANCE PROVIDED BY 

REMOTELY PILOTED AIRCRAFT. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall, 

in coordination with the Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Under Secretary of Defense for 

Intelligence, submit to the appropriate committees of Congress a 

report on requirements fulfillment and personnel management in 

connection with Air Force intelligence, surveillance, and reconnaissance (ISR) provided by remotely piloted aircraft (RPA). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the Joint Concept of Operation under 

which the Air Force operates to fulfill intelligence, surveillance, 

and reconnaissance requirements provided by remotely piloted 

aircraft. 

(2) A description of the current requirements of each 

combatant command for Air Force intelligence, surveillance, 

and reconnaissance provided by remotely piloted aircraft, 

including— 

(A) the number of orbits or combat air patrols for 

each major platform and sensor payload combination; 

(B) the number of aircraft, aircraft operators, and 

ground crews in each orbit or combat air patrol, variations 

in the numbers of each, and the explanation for such variations; 

(C) a description of how requirements are being met 

by the management of personnel, platforms, sensors, and 

networks; and 

(D) a description of various means of addressing any 

shortfalls in meeting such requirements, including temporary shortfalls and permanent shortfalls. 

(3) A description of manpower management to fulfill Air 

Force mission requirements for intelligence, surveillance, and 

reconnaissance requirements provided by remotely piloted aircraft, including the current number of personnel associated 

with each combat air patrol by remotely piloted aircraft for 

aircraft pilots, sensor operators, mission intelligence coordinators, and processing, exploitation, and dissemination analysts 

(in this section referred to as ‘‘operators and analysts for 

remotely piloted aircraft’’). 

(4) A description of current Air Force manpower requirements for operators and analysts for remotely piloted aircraft, 

and any plans for meeting such requirements, including— 

(A) an identification of any shortfalls in personnel, 

skill specialties, and grades; and 

(B) any plans of the Air Force to address such shortfalls, including— 

(i) plans to address shortfalls in applicable career 

field retention rates; and 

(ii) plans for utilization of National Guard and 

other reserve component personnel to address shortfalls in such personnel, skill specialties, and grades. 


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(5) A description of the projected Air Force manpower 

requirements for operators and analysts for remotely piloted 

aircraft in each of 2015 and 2020, including— 

(A) an identification of any significant challenges to 

achieving such requirements in particular skill specialties 

and grades; and 

(B) any plans of the Air Force to address such challenges. 

(6) A description of the collaboration of the Air Force with, 

and the reliance of the Air Force on, the other Armed Forces 

and the combat support agencies, in asset management for 

intelligence, surveillance, and reconnaissance by remotely 

piloted aircraft, including personnel for processing, exploitation, 

and dissemination. 

(7) A description of potential adverse consequences of operating intelligence, surveillance, and reconnaissance by remotely 

piloted aircraft, and associated intelligence support infrastructure, in a surge, understaffed state, or both, including— 

(A) the impact of having to provide forward processing, 

exploitation, and dissemination to support emerging 

capabilities; and 

(B) any plans of the Air Force to mitigate such consequences. 

(8) A description of the status of Air Force training programs for operators and analysts for remotely piloted aircraft, 

including the ability to meet Air Force manpower requirements 

for such operators and analysts, and plans for increasing 

training capacity to match plans for expanding Air Force intelligence, surveillance, and reconnaissance capabilities. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Select Committee on Intelligence of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 

Subtitle D—Cyber Warfare, Cyber 

Security, and Related Matters 

SEC. 931. 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 

10 USC 2223 

note. 


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incidents with respect to national security systems, the vulnerability of such systems to such incidents, and the consequences 

of information security incidents involving such systems. 

(2) The automation of continuous monitoring of the 

effectiveness of the information security policies, procedures, 

and practices within the information infrastructure of the 

Department of Defense, and the compliance of that infrastructure with such policies, procedures, and practices, including 

automation of— 

(A) management, operational, and technical controls 

of every information system identified in the inventory 

required under section 3505(c) of title 44, United States 

Code; and 

(B) management, operational, and technical controls 

relied on for evaluations under section 3545 of title 44, 

United States Code. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘information security incident’’ means an 

occurrence that— 

(A) actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system 

or the information such system processes, stores, or transmits; or 

(B) constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable 

use policies with respect to an information system. 

(2) The term ‘‘information infrastructure’’ means the underlying framework, equipment, and software that an information 

system and related assets rely on to process, transmit, receive, 

or store information electronically. 

(3) The term ‘‘national security system’’ has the meaning 

given that term in section 3542(b)(2) of title 44, United States 

Code. 

SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSURANCE. 

(a) STRATEGY REQUIRED.—The Secretary of Defense shall 

develop and implement, by not later than October 1, 2011, a strategy 

for assuring the security of software and software-based applications 

for all covered systems. 

(b) COVERED SYSTEMS.—For purposes of this section, a covered 

system is any critical information system or weapon system of 

the Department of Defense, including the following: 

(1) A major system, as that term is defined in section 

2302(5) of title 10, United States Code. 

(2) A national security system, as that term is defined 

in section 3542(b)(2) of title 44, United States Code. 

(3) Any Department of Defense information system categorized as Mission Assurance Category I. 

(4) Any Department of Defense information system categorized as Mission Assurance Category II in accordance with 

Department of Defense Directive 8500.01E. 

(c) ELEMENTS.—The strategy required by subsection (a) shall 

include the following: 

(1) Policy and regulations on the following: 

(A) Software assurance generally. 

(B) Contract requirements for software assurance for 

covered systems in development and production. 

Deadline. 

10 USC 2224 

note. 


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(C) Inclusion of software assurance in milestone 

reviews and milestone approvals. 

(D) Rigorous test and evaluation of software assurance 

in development, acceptance, and operational tests. 

(E) Certification and accreditation requirements for 

software assurance for new systems and for updates for 

legacy systems, including mechanisms to monitor and 

enforce reciprocity of certification and accreditation processes among the military departments and Defense Agencies. 

(F) Remediation in legacy systems of critical software 

assurance deficiencies that are defined as critical in accordance with the Application Security Technical Implementation Guide of the Defense Information Systems Agency. 

(2) Allocation of adequate facilities and other resources 

for test and evaluation and certification and accreditation of 

software to meet applicable requirements for research and 

development, systems acquisition, and operations. 

(3) Mechanisms for protection against compromise of 

information systems through the supply chain or cyber attack 

by acquiring and improving automated tools for— 

(A) assuring the security of software and software 

applications during software development; 

(B) detecting vulnerabilities during testing of software; 

and 

(C) detecting intrusions during real-time monitoring 

of software applications. 

(4) Mechanisms providing the Department of Defense with 

the capabilities— 

(A) to monitor systems and applications in order to 

detect and defeat attempts to penetrate or disable such 

systems and applications; and 

(B) to ensure that such monitoring capabilities are 

integrated into the Department of Defense system of cyber 

defense-in-depth capabilities. 

(5) An update to Committee for National Security Systems 

Instruction No. 4009, entitled ‘‘National Information Assurance 

Glossary’’, to include a standard definition for software security 

assurance. 

(6) Either— 

(A) mechanisms to ensure that vulnerable Mission 

Assurance Category III information systems, if penetrated, 

cannot be used as a foundation for penetration of protected 

covered systems, and means for assessing the effectiveness 

of such mechanisms; or 

(B) plans to address critical vulnerabilities in Mission 

Assurance Category III information systems to prevent 

their use for intrusions of Mission Assurance Category 

I systems and Mission Assurance Category II systems. 

(7) A funding mechanism for remediation of critical software assurance vulnerabilities in legacy systems. 

(d) REPORT.—Not later than October 1, 2011, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the strategy required by subsection (a). The report 

shall include the following: 

(1) A description of the current status of the strategy 

required by subsection (a) and of the implementation of the 


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strategy, including a description of the role of the strategy 

in the risk management by the Department regarding the 

supply chain and in operational planning for cyber security. 

(2) A description of the risks, if any, that the Department 

will accept in the strategy due to limitations on funds or other 

applicable constraints. 

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

(a) STRATEGY REQUIRED.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall 

develop a strategy to provide for the rapid acquisition of tools, 

applications, and other capabilities for cyber warfare for the United 

States Cyber Command and the cyber operations components of 

the military departments. 

(b) BASIC ELEMENTS.—The strategy required by subsection (a) 

shall include the following: 

(1) An orderly process for determining and approving operational requirements. 

(2) A well-defined, repeatable, transparent, and disciplined 

process for developing capabilities to meet such requirements, 

in accordance with the information technology acquisition 

process developed pursuant to section 804 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 10 U.S.C. 2225 note). 

(3) The allocation of facilities and other resources to thoroughly test such capabilities in development, before deployment, 

and before use in order to validate performance and take into 

account collateral damage and other so-called second-order 

effects. 

(c) ADDITIONAL ELEMENTS.—The strategy required by subsection (a) shall also provide for the following: 

(1) Safeguards to prevent— 

(A) the circumvention of operational requirements and 

acquisition processes through informal relationships among 

the United States Cyber Command, the Armed Forces, 

the National Security Agency, and the Defense Information 

Systems Agency; and 

(B) the abuse of quick-reaction processes otherwise 

available for the rapid fielding of capabilities. 

(2) The establishment of reporting and oversight processes 

for requirements generation and approval for cyber warfare 

capabilities, the assignment of responsibility for providing 

capabilities to meet such requirements, and the execution of 

development and deployment of such capabilities, under the 

authority of the Chairman of the Joint Requirements Oversight 

Council, the Under Secretary of Defense for Policy, and other 

officials in the Office of the Secretary of Defense, as designated 

in the strategy. 

(3) The establishment and maintenance of test and evaluation facilities and resources for cyber infrastructure to support 

research and development, operational test and evaluation, 

operational planning and effects testing, and training by replicating or emulating networks and infrastructure maintained 

and operated by the military and political organizations of 

potential United States adversaries, by domestic and foreign 


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telecommunications service providers, and by the Department 

of Defense. 

(4) An organization or organizations within the Department 

of Defense to be responsible for the operation and maintenance 

of cyber infrastructure for research, development, test, and 

evaluation purposes. 

(5) Appropriate disclosure regarding United States cyber 

warfare capabilities to the independent test and evaluation 

community, and the involvement of that community in the 

development and maintenance of such capabilities, regardless 

of classification. 

(6) The role of the private sector and appropriate Department of Defense organizations in developing capabilities to 

operate in cyberspace, and a clear process for determining 

whether to allocate responsibility for responding to Department 

of Defense cyber warfare requirements through Federal Government personnel, contracts with private sector entities, or a 

combination of both. 

(7) The roles of each military department, and of the combat 

support Defense Agencies, in the development of cyber warfare 

capabilities in support of offensive, defensive, and intelligence 

operational requirements. 

(8) Mechanisms to promote information sharing, cooperative agreements, and collaboration with international, interagency, academic, and industrial partners in the development 

of cyber warfare capabilities. 

(9) The manner in which the Department of Defense will 

promote interoperability, share innovation, and avoid unproductive duplication in cyber warfare capabilities through specialization among the components of the Department responsible for 

developing cyber capabilities. 

(d) REPORT ON STRATEGY.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the appropriate committees of Congress a report 

on the strategy required by subsection (a). The report shall 

include a comprehensive description of the strategy and plans 

(including a schedule) for the implementation of the strategy. 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

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

(a) REPORT REQUIRED.—Not later than March 1, 2011, the 

Secretary of Defense shall submit to Congress a report on the 

cyber warfare policy of the Department of Defense. 

(b) ELEMENTS.—The report required under this section shall 

include the following: 

(1) A description of the policy and legal issues investigated 

and evaluated by the Department in considering the range 


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of missions and activities that the Department may choose 

to conduct in cyberspace. 

(2) The decisions of the Secretary with respect to such 

issues, and the recommendations of the Secretary to the President for decisions on such of those issues as exceed the 

authority of the Secretary to resolve, together with the rationale 

and justification of the Secretary for such decisions and recommendations. 

(3) A description of the intentions of the Secretary with 

regard to modifying the National Military Strategy for Cyberspace Operations. 

(4) The current use of, and potential applications of, modeling and simulation tools to identify likely cybersecurity 

vulnerabilities, as well as new protective and remediation 

means, within the Department. 

(5) The application of modeling and simulation technology 

to develop strategies and programs to deter hostile or malicious 

activity intended to compromise Department information systems. 

(c) FORM.—The report required under this section shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE PROGRESS IN 

DEFENDING THE DEPARTMENT AND THE DEFENSE INDUSTRIAL BASE FROM CYBER EVENTS. 

(a) REPORTS ON PROGRESS REQUIRED.—Not later than 180 days 

after the date of the enactment of this Act, and March 1 every 

year thereafter through 2015, the Secretary of Defense shall submit 

to the congressional defense committees a report on the progress 

of the Department of Defense in defending the Department and 

the defense industrial base from cyber events (such as attacks, 

intrusions, and theft). 

(b) ELEMENTS.—Each report under subsection (a) shall include 

the following: 

(1) In the case of the first report, a baseline for measuring 

the progress of the Department of Defense in defending the 

Department and the defense industrial base from cyber events, 

including definitions of significant cyber events, an appropriate 

categorization of various types of cyber events, the basic 

methods used in various cyber events, the vulnerabilities 

exploited in such cyber events, and the metrics to be utilized 

to determine whether the Department is or is not making 

progress against an evolving cyber threat. 

(2) An ongoing assessment of such baseline against key 

cyber defense strategies (described in subsection (c)) to determine implementation progress. 

(3)(A) A description of the nature and scope of significant 

cyber events against the Department and the defense industrial 

base during the preceding year, including, for each such event, 

a description of the intelligence or other Department data 

acquired, the extent of the corruption or compromise of Department information or weapon systems, and the impact of such 

event on the Department generally and on operational capabilities. 

(B) For any such event that has been investigated by 

or on behalf of the Damage Assessment Management Office, 


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a synopsis of each damage assessment report, with emphasis 

on actions needing remediation. 

(4) A comparative assessment of the offensive cyber warfare 

capabilities of current representative potential United States 

adversaries and nations with advanced cyber warfare capabilities with the capacity of the United States to defend— 

(A) military networks and mission capabilities; and 

(B) critical infrastructure. 

(5) A comparative assessment of the offensive cyber warfare 

capabilities of the United States with the capacity of current 

representative potential United States adversaries and nations 

with advanced cyber warfare capabilities to defend against 

cyber attacks. 

(6) A comparative assessment of the degree of dependency 

of current representative potential United States adversaries, 

nations with advanced cyber warfare capabilities, and the 

United States on networks that can be attacked through cyberspace. 

(7) A description of known or suspected identified supply 

chain vulnerabilities, including known or suspected supply 

chain attacks, and actions to remediate such vulnerabilities. 

(c) KEY CYBER DEFENSE STRATEGIES.—For purposes of subsection (b)(2), key cyber defense strategies include the following: 

(1) Relevant valid Homeland Security Presidential Directives and National Security Presidential Directives. 

(2) The Comprehensive National Cybersecurity Initiative. 

(3) The National Military Strategy for Cyberspace Operations implementation plan. 

(d) PERFORMANCE OF CERTAIN ASSESSMENTS.—The comparative 

assessment of critical infrastructure required by subsection (b)(4)(B) 

shall be performed by the Secretary of Homeland Security, in 

coordination with the Secretary of Defense and the heads of other 

agencies of the Government with specific responsibility for critical 

infrastructure. 

(e) FORM.—Each report under this section shall be submitted 

in unclassified form, but may include a classified annex. 

Subtitle E—Other Matters 

SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY WAIVER OF REIMBURSEMENT OF COSTS OF 

ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL AT 

DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR 

SECURITY STUDIES. 

(a) EXTENSION OF WAIVER.—Paragraph (1) of section 941(b) 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4577; 10 U.S.C. 184 

note) is amended by striking ‘‘fiscal years 2009 and 2010’’ and 

inserting ‘‘fiscal years 2009 through 2012’’. 

(b) ANNUAL REPORT.—Paragraph (3) of such section is amended 

by striking ‘‘in 2010 and 2011’’ and inserting ‘‘in each year through 

2013’’. 


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SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES 

AND MISSIONS REVIEW IN 2011. 

(a) ADDITIONAL ACTIVITIES CONSIDERED.—As part of the 

quadrennial roles and missions review conducted in 2011 pursuant 

to section 118b of title 10, United States Code, the Secretary of 

Defense shall give consideration to the following activities, giving 

particular attention to their role in counter-terrorism operations: 

(1) Information operations. 

(2) Detention and interrogation. 

(b) ADDITIONAL REPORT REQUIREMENT.—In the report required 

by section 118b(d) of such title for such review in 2011, the Secretary 

of Defense shall— 

(1) provide clear guidance on the nature and extent of 

which core competencies are associated with the activities listed 

in subsection (a); and 

(2) identify the elements of the Department of Defense 

that are responsible or should be responsible for providing 

such core competencies. 

SEC. 943. REPORT ON ORGANIZATIONAL STRUCTURE AND POLICY 

GUIDANCE OF THE DEPARTMENT OF DEFENSE 

REGARDING INFORMATION OPERATIONS. 

(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. 

10 USC 113 note. 

Guidance. 


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(8) The role in information operations of the following 

Department officials: 

(A) The Assistant Secretary of Defense for Public 

Affairs. 

(B) The Assistant Secretary of Defense for Special 

Operations and Low-Intensity Conflict. 

(C) The senior official responsible for information processing and networking capabilities. 

(9) The role of related capabilities in the discharge of 

information operations, including public affairs capabilities, 

civil-military operations capabilities, defense support of public 

diplomacy, and intelligence. 

(10) The management structure of computer network operations in the Department for the discharge of information operations, and the policy in support of that component. 

(11) The appropriate use, management, and oversight of 

contractors in the development and implementation of information operations, including an assessment of current guidance 

and policy directives pertaining to the uses of contractors for 

these purposes. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, with a classified annex, if necessary. 

(d) DEPARTMENT OF DEFENSE DIRECTIVE.—Upon the submittal 

of the report required by subsection (a), the Secretary shall prescribe 

a revised directive for the Department of Defense on information 

operations. The directive shall take into account the results of 

the review conducted for purposes of the report. 

(e) INFORMATION OPERATIONS DEFINED.—In this section, the 

term ‘‘information operations’’ means the information operations 

specified in Department of Defense Directive 3600.1, as follows: 

(1) Electronic warfare. 

(2) Computer network operations. 

(3) Psychological operations. 

(4) Military deception. 

(5) Operations security. 

SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF THE 

GEOGRAPHIC COMBATANT COMMAND HEADQUARTERS. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff shall jointly submit to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report on 

the organizational structures of the headquarters of the geographic 

combatant commands. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the organizational structure of the 

headquarters of each geographic combatant command. 

(2) An assessment of the benefits and limitations of the 

different organizational structures in meeting the broad range 

of military missions of the geographic combatant commands. 

(3) A description and assessment of the role and contributions of other departments and agencies of the Federal Government within each organizational structure, including a description of any plans to expand interagency participation in the 

geographic combatant commands in the future. 


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(4) A description of any lessons learned from the ongoing 

reorganization of the organizational structure of the United 

States Southern Command and the United States Africa Command, including an assessment of the value, if any, added 

by the position of civilian deputy to the commander of the 

United States Southern Command and to the commander of 

the United States Africa Command. 

(5) Any other matters the Secretary and the Chairman 

consider appropriate. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of additional appropriations for operations in Afghanistan, 

Iraq, and Haiti for fiscal year 2010. Sec. 1003. Budgetary effects of this Act. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1012. Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Sec. 1014. Support for counter-drug activities of certain foreign governments. 

Sec. 1015. Notice to Congress on military construction projects for facilities of the 

Department of Defense and foreign law enforcement agencies for 

counter-drug activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Extension of authority for reimbursement of expenses for certain Navy 

mess operations. 

Sec. 1022. Expressing the sense of Congress regarding the naming of a naval combat vessel after Father Vincent Capodanno. 

Sec. 1023. Requirements for long-range plan for construction of naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1032. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign countries 

and other foreign entities. 

Sec. 1034. Prohibition on the use of funds to modify or construct facilities in the 

United States to house detainees transferred from United States Naval 

Station, Guantanamo Bay, Cuba. 

Sec. 1035. Comprehensive review of force protection policies. 

Subtitle E—Homeland Defense and Civil Support 

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

Subtitle F—Studies and Reports 

Sec. 1051. Interagency national security knowledge and skills. 

Sec. 1052. Report on establishing a Northeast Regional Joint Training Center. 

Sec. 1053. Comptroller General report on previously requested reports. 

Sec. 1054. Biennial report on nuclear triad. 

Sec. 1055. Comptroller General study on common alignment of world regions in departments and agencies with international responsibilities. 

Sec. 1056. Required reports concerning bomber modernization, sustainment, and 

recapitalization efforts in support of the national defense strategy. 

Sec. 1057. Comptroller General study and recommendations regarding security of 

southern land border of the United States. 

Subtitle G—Miscellaneous Authorities and Limitations 

Sec. 1061. Public availability of Department of Defense reports required by law. 


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124 STAT. 4344 PUBLIC LAW 111–383—JAN. 7, 2011 

Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons. 

Sec. 1063. Development of criteria and methodology for determining the safety and 

security of nuclear weapons. 

Subtitle H—Other Matters 

Sec. 1071. National Defense Panel. 

Sec. 1072. Sale of surplus military equipment to State and local homeland security 

and emergency management agencies. 

Sec. 1073. Defense research and development rapid innovation program. 

Sec. 1074. Authority to make excess nonlethal supplies available for domestic emergency assistance. 

Sec. 1075. Technical and clerical amendments. 

Sec. 1076. Study on optimal balance of manned and remotely piloted aircraft. 

Sec. 1077. Treatment of successor contingency operation to Operation Iraqi Freedom. 

Sec. 1078. Program to assess the utility of non-lethal weapons. 

Sec. 1079. Sense of Congress on strategic nuclear force reductions. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) 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 

Determination. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4345 

for fiscal year 2010 in title XV of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84) are hereby increased, 

with respect to any such authorized amount, as follows: 

(1) The amounts provided in sections 1502 through 1507 

of such Act for the following procurement accounts are increased 

as follows: 

(A) For aircraft procurement, Army, by $182,170,000. 

(B) For weapons and tracked combat vehicles procurement, Army, by $3,000,000. 

(C) For ammunition procurement, Army, by 

$17,055,000. 

(D) For other procurement, Army, by $1,997,918,000. 

(E) For the Joint Improvised Explosive Device Defeat 

Fund, by $400,000,000. 

(F) For aircraft procurement, Navy, by $104,693,000. 

(G) For other procurement, Navy, by $15,000,000. 

(H) For procurement, Marine Corps, by $18,927,000. 

(I) For aircraft procurement, Air Force, by 

$209,766,000. 

(J) For ammunition procurement, Air Force, by 

$5,000,000. 

(K) For other procurement, Air Force, by $576,895,000. 

(L) For the Mine Resistant Ambush Protected Vehicle 

Fund, by $1,123,000,000. 

(M) For defense-wide activities, by $189,276,000. 

(2) The amounts provided in section 1508 of such Act 

for research, development, test, and evaluation are increased 

as follows: 

(A) For the Army, by $61,962,000. 

(B) For the Navy, by $5,360,000. 

(C) For the Air Force, by $187,651,000. 

(D) For defense-wide activities, by $22,138,000. 

(3) The amounts provided in sections 1509, 1511, 1513, 

1514, and 1515 of such Act for operation and maintenance 

are increased as follows: 

(A) For the Army, by $11,700,965,000. 

(B) For the Navy, by $2,428,702,000. 

(C) For the Marine Corps, by $1,090,873,000. 

(D) For the Air Force, by $3,845,047,000. 

(E) For defense-wide activities, by $1,188,421,000. 

(F) For the Army Reserve, by $67,399,000. 

(G) For the Navy Reserve, by $61,842,000. 

(H) For the Marine Corps Reserve, by $674,000. 

(I) For the Air Force Reserve, by $95,819,000. 

(J) For the Army National Guard, by $171,834,000. 

(K) For the Air National Guard, by $161,281,000. 

(L) For the Defense Health Program, by $33,367,000. 

(M) For Drug Interdiction and Counterdrug Activities, 

Defense-wide, by $94,000,000. 

(N) For the Afghanistan Security Forces Fund, by 

$2,604,000,000. 

(O) For the Iraq Security Forces Fund, by 

$1,000,000,000. 

(P) For Overseas Humanitarian, Disaster, and Civic 

Aid, by $255,000,000. 

(Q) For Overseas Contingency Operations Transfer 

Fund, by $350,000,000. 


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(R) For Working Capital Funds, by $974,967,000. 

(4) The amount provided in section 1512 of such Act for military personnel accounts is increased by $1,895,761,000. 

SEC. 1003. BUDGETARY EFFECTS OF THIS ACT. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the Committee on the 

Budget of the House of Representatives, as long as such statement 

has been submitted prior to the vote on passage of this Act. 

Subtitle B—Counter-Drug Activities 

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

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042), as most recently amended by section 1011 of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2441), is further amended— 

(1) in subsection (a), by striking ‘‘2010’’ and inserting 

‘‘2011’’; and 

(2) in subsection (c), by striking ‘‘2010’’ and inserting 

‘‘2011’’. 

SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK FORCES 

SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES. 

(a) EXTENSION.—Subsection (b) of section 1022 of the National 

Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 

note) is amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 

(b) AVAILABILITY OF AUTHORITY.— (1) ADDITIONAL CONDITION ON AUTHORITY FOR SUPPORT AND

ASSOCIATED WAIVER AUTHORITY.—Subsection (d) of such section 

is amended— 

(A) by inserting ‘‘(1)’’ before ‘‘Any support’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2)(A) Support for counter-terrorism activities provided under 

subsection (a) may only be provided if the Secretary of Defense 

determines that the objectives of using the counter-drug funds 

of any joint task force to provide such support relate significantly 

to the objectives of providing support for counter-drug activities 

by that joint task force or any other joint task force. 

‘‘(B) The Secretary of Defense may waive the requirements 

of subparagraph (A) if the Secretary determines that such a waiver 

is vital to the national security interests of the United States. 

The Secretary shall promptly submit to Congress notice in writing 

of any waiver issued under this subparagraph. 

‘‘(C) The Secretary of Defense may delegate any responsibility 

of the Secretary under subparagraph (B) to the Deputy Secretary 

of Defense or to the Under Secretary of Defense for Policy. Except 

as provided in the preceding sentence, such a responsibility may 

not be delegated to any official of the Department of Defense or 

any other official.’’. 

Notice. 

Waiver authority. 

Determination. 


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(2) ANNUAL CERTIFICATION OF COMPLIANCE.—Subsection (c) 

of such section is amended by adding at the end the following 

new paragraph: 

‘‘(4) A certification by the Secretary of Defense that any 

support provided under subsection (a) during such one-year 

period was provided in compliance with the requirements of 

subsection (d).’’. 

(3) INTERIM COMPLIANCE REPORT.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall submit to Congress a report setting forth— 

(A) a description of each support activity provided by 

a joint task force under subsection (a) of section 1022 

of the National Defense Authorization Act for Fiscal Year 

2004 (10 U.S.C. 371 note), as of the date of the submittal 

of such report; and 

(B) a certification as to whether or not each such 

activity has been provided in compliance with the requirements of subsection (d) of such section, as amended by 

paragraph (1) of this subsection. 

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

Section 1022(a) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–255), as most recently 

amended by section 1013 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2442), 

is further amended by striking ‘‘February 15, 2010’’ and inserting 

‘‘February 15, 2011’’. 

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

FOREIGN GOVERNMENTS. 

(a) IN GENERAL.—Subsection (a)(2) of section 1033 of the 

National Defense Authorization Act for Fiscal Year 1998 (Public 

Law 105–85; 111 Stat. 1881), as most recently amended by section 

1014(a) of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84; 123 Stat. 2442), is further amended 

by striking ‘‘2010’’ and inserting ‘‘2012’’. 

(b) MAXIMUM AMOUNT OF SUPPORT.—Subsection (e)(2) of such 

section is amended by striking ‘‘either of fiscal years 2009 and 

2010’’ and inserting ‘‘any of the fiscal years 2009 through 2012’’. 

SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION 

PROJECTS FOR FACILITIES OF THE DEPARTMENT OF 

DEFENSE AND FOREIGN LAW ENFORCEMENT AGENCIES 

FOR COUNTER-DRUG ACTIVITIES. 

(a) NOTICE TO CONGRESS.— 

(1) NOTICE.—Section 1004 of the National Defense 

Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) 

is amended— 

(A) in subsection (b)(4), by inserting ‘‘for the purpose 

of facilitating’’ after ‘‘within or outside the United States 

or’’; and 

(B) in subsection (h)(2)(A)— 

(i) by striking ‘‘modification or repair’’ and 

inserting ‘‘construction, modification, or repair’’; 

(ii) by striking ‘‘a Department of Defense facility’’ 

and inserting ‘‘any facility’’; and 

10 USC 371. 


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124 STAT. 4348 PUBLIC LAW 111–383—JAN. 7, 2011 

(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. 

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 

10 USC 374 note. 

10 USC 374 note. 


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wounded and dying during the Vietnam conflict. For his dedicated service, Father Capodanno was also awarded the Bronze 

Star, the Purple Heart, the Presidential Unit Citation, the 

National Defense Service Medal, the Vietnam Service Medal, 

the Vietnam Gallantry Cross with Palm, and the Vietnam 

Campaign Medal. 

(8) In his memory, the U.S.S. Capodanno was commissioned 

on September 17, 1973. It is the only Naval vessel to date 

to have received a Papal blessing by Pope John Paul II in 

Naples, Italy, on September 4, 1981. 

(9) The U.S.S. Capodanno was decommissioned on July 

30, 1993. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of the Navy should name a combat vessel of the 

United States Navy the ‘‘U.S.S. Father Vincent Capodanno’’, in 

honor of Father Vincent Capodanno, a lieutenant in the Navy 

Chaplain Corps. 

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

(a) IN GENERAL.—Section 231 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 231. Long-range plan for construction of naval vessels 

‘‘(a) QUADRENNIAL NAVAL VESSEL CONSTRUCTION PLAN.—At the 

same time that the budget of the President is submitted under 

section 1105(a) of title 31 during each year in which the Secretary 

of Defense submits a quadrennial defense review, the Secretary 

of the Navy shall submit to the congressional defense committees 

a long-range plan for the construction of combatant and support 

vessels for the Navy that supports the force structure recommendations of the quadrennial defense review. 

‘‘(b) MATTERS INCLUDED.—The plan under subsection (a) shall 

include the following: 

‘‘(1) A detailed construction schedule of naval vessels for 

the 10-year period beginning on the date on which the plan 

is submitted, including a certification by the Secretary that 

the budget for the fiscal year in which the plan is submitted 

and the budget for the future-years defense program submitted 

under section 221 of this title are sufficient for funding such 

schedule. 

‘‘(2) A probable construction schedule for the 10-year period 

beginning on the date that is 10 years after the date on which 

the plan is submitted. 

‘‘(3) A notional construction schedule for the 10-year period 

beginning on the date that is 20 years after the date on which 

the plan is submitted. 

‘‘(4) The estimated levels of annual funding necessary to 

carry out the construction schedules under paragraphs (1), (2), 

and (3). 

‘‘(5) For the construction schedules under paragraphs (1) 

and (2)— 

‘‘(A) a determination by the Director of Cost Assessment and Program Evaluation of the level of funding necessary to execute such schedules; and 

‘‘(B) an evaluation by the Director of the potential 

risk associated with such schedules, including detailed 


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effects on operational plans, missions, deployment schedules, and fulfillment of the requirements of the combatant 

commanders. 

‘‘(c) NAVAL COMPOSITION.—In submitting the plan under subsection (a), the Secretary shall ensure that such plan is in accordance with section 5062(b) of this title. 

‘‘(d) ASSESSMENT WHEN BUDGET IS INSUFFICIENT.—If the 

budget for a fiscal year provides for funding of the construction 

of naval vessels at a level that is less than the level determined 

necessary by the Director of Cost Assessment and Program Evaluation under subsection (b)(5), the Secretary of the Navy shall include 

with the defense budget materials for that fiscal year an assessment 

that describes and discusses the risks associated with the budget, 

including the risk associated with a reduced force structure that 

may result from funding naval vessel construction at such a level. 

‘‘(e) CBO EVALUATION.—Not later than 60 days after the date 

on which the congressional defense committees receive the plan 

under subsection (a), the Director of the Congressional Budget 

Office shall submit to such committees a report assessing the sufficiency of the estimated levels of annual funding included in such 

plan with respect to the budget submitted during the year in 

which the plan is submitted and the future-years defense program 

submitted under section 221 of this title. 

‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In any year in 

which a quadrennial defense review is not submitted and the budget 

of the President submitted under section 1105(a) of title 31 

decreases the number of vessels requested in the future-years 

defense program submitted under section 221 of this title, the 

Secretary of the Navy shall submit to the congressional defense 

committees a report on such decrease including— 

‘‘(1) an addendum to the most recent quadrennial defense 

review that fully explains and justifies the decrease with respect 

to the national security strategy of the United States as set 

forth in the most recent national security strategy report of 

the President under section 108 of the National Security Act 

of 1947 (50 U.S.C. 404a); and 

‘‘(2) a description of the additional reviews and analyses 

considered by the Secretary after the previous quadrennial 

defense review was submitted that justify the decrease. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(2) The term ‘defense budget materials’, with respect to 

a fiscal year, means the materials submitted to Congress by 

the Secretary of Defense in support of the budget for that 

fiscal year. 

‘‘(3) The term ‘quadrennial defense review’ means the 

review of the defense programs and policies of the United 

States that is carried out every four years under section 118 

of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by striking the item 

relating to section 231 and inserting the following new item: 

‘‘231. Long-range plan for construction of naval vessels.’’. 

Reports. 

Deadline. 

Reports. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4351 

Subtitle D—Counterterrorism 

SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING 

REWARDS FOR COMBATING TERRORISM. 

Section 127b(c)(3)(C) of title 10, United States Code, is amended 

by striking ‘‘2010’’ and inserting ‘‘2011’’. 

SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 

OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 

STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

None of the funds authorized to be appropriated by this Act 

for fiscal year 2011 may be used to transfer, release, or assist 

in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other 

detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE 

TRANSFER OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 

AND OTHER FOREIGN ENTITIES. 

(a) LIMITATION.— (1) IN GENERAL.—Except as provided in paragraph (2), 

during the one-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not use any 

of the amounts authorized to be appropriated by this Act or 

otherwise available to the Department of Defense to transfer 

any individual detained at Guantanamo to the custody or effective control of the individual’s country of origin, any other 

foreign country, or any other foreign entity unless the Secretary 

submits to Congress the certification described in subsection 

(b) by not later than 30 days before the transfer of the individual. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained 

at Guantanamo to effectuate an order affecting the disposition 

of the individual that is issued by 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; 

Notification. 

Time period. 

Deadline. 

Khalid Sheikh 

Mohammed. 


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(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 reengage in any terrorist activity; and 

(6) has agreed to share any information with the United 

States that— 

(A) is related to the individual or any associates of 

the individual; and 

(B) could affect the security of the United States, its 

citizens, or its allies. 

(c) PROHIBITION AND WAIVER IN CASES OF PRIOR CONFIRMED

RECIDIVISM.— 

(1) PROHIBITION.—Except as provided in paragraph (3), 

during the one-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not use any 

amount authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual 

detained at Guantanamo to the custody or effective control 

of the individual’s country of origin, any other foreign country, 

or any other foreign entity if there is a confirmed case of 

any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 

11, 2001, who was transferred to the foreign country or entity 

and subsequently engaged in any terrorist activity. 

(2) WAIVER.—The Secretary of Defense may waive the 

prohibition in paragraph (1) if the Secretary determines that 

such a transfer is in the national security interests of the 

United States and includes, as part of the certification described 

in subsection (b) relating to such transfer, the determination 

of the Secretary under this paragraph. 

(3) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained 

at Guantanamo to effectuate an order affecting the disposition 

of the individual that is issued by a court or competent tribunal 

of the United States having lawful jurisdiction. The Secretary 

shall notify Congress promptly upon issuance of any such order. 

(d) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘individual detained at Guantanamo’’ means 

any individual who is located at United States Naval Station, 

Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(A) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the effective control 

of the Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(2) The term ‘‘foreign terrorist organization’’ means any 

organization so designated by the Secretary of State under 

section 219 of the Immigration and Nationality Act (8 U.S.C. 

1189). 

Notification. 

Determination. 

Time period. 


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SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CONSTRUCT FACILITIES IN THE UNITED STATES TO HOUSE 

DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act may be used to construct or modify any facility 

in the United States, its territories, or possessions to house any 

individual described in subsection (c) for the purposes of detention 

or imprisonment in the custody or under the effective control of 

the Department of Defense. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) INDIVIDUALS DESCRIBED.—An individual described in this 

subsection is any individual who, as of October 1, 2009, is located 

at United States Naval Station, Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

(d) REPORT ON USE OF FACILITIES IN THE UNITED STATES TO

HOUSE DETAINEES TRANSFERRED FROM GUANTANAMO.— 

(1) REPORT REQUIRED.—Not later than April 1, 2011, the 

Secretary of Defense shall submit to the congressional defense 

committees a report, in classified or unclassified form, on the 

merits, costs, and risks of using any proposed facility in the 

United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention 

or imprisonment in the custody or under the effective control 

of the Department of Defense. 

(2) ELEMENTS OF THE REPORT.—The report required in 

paragraph (1) shall include each of the following: 

(A) A discussion of the merits associated with any 

such proposed facility that would justify— 

(i) using the facility instead of the facility at United 

States Naval Station, Guantanamo Bay, Cuba; and 

(ii) the proposed facility’s contribution to effecting 

a comprehensive policy for continuing military detention operations. 

(B) The rationale for selecting the specific site for 

any such proposed facility, including details for the processes and criteria used for identifying the merits described 

in subparagraph (A) and for selecting the proposed site 

over reasonable alternative sites. 

(C) A discussion of any potential risks to any community in the vicinity of any such proposed facility, the measures that could be taken to mitigate such risks, and the 

likely cost to the Department of Defense of implementing 

such measures. 

(D) A discussion of any necessary modifications to any 

such proposed facility to ensure that any detainee transferred from Guantanamo Bay to such facility could not 

come into contact with any other individual, including any 

other person detained at such facility, that is not approved 


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124 STAT. 4354 PUBLIC LAW 111–383—JAN. 7, 2011 

for such contact by the Department of Defense, and an 

assessment of the likely costs of such modifications. 

(E) A discussion of any support at the site of any 

such proposed facility that would likely be provided by 

the Department of Defense, including the types of support, 

the number of personnel required for each such type, and 

an estimate of the cost of such support. 

(F) A discussion of any support, other than support 

provided at a proposed facility, that would likely be provided by the Department of Defense for the operation of 

any such proposed facility, including the types of possible 

support, the number of personnel required for each such 

type, and an estimate of the cost of such support. 

(G) A discussion of the legal issues, in the judgment 

of the Secretary of Defense, that could be raised as a 

result of detaining or imprisoning any individual described 

in subsection (c) at any such proposed facility that could 

not be raised while such individual is detained or imprisoned at United States Naval Station, Guantanamo Bay, 

Cuba. 

SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES. 

(a) COMPREHENSIVE REVIEW REQUIRED.—The Secretary of 

Defense shall conduct a comprehensive review of Department of 

Defense policies, regulations, instructions, and directives pertaining 

to force protection within the Department. 

(b) MATTERS COVERED.—The review required under subsection 

(a) shall include an assessment of each of the following: 

(1) Information sharing practices across the Department 

of Defense, and among the State, local, and Federal partners 

of the Department of Defense. 

(2) Antiterrorism and force protection standards relating 

to buildings, including standoff distances. 

(3) Protective standards relating to chemical, biological, 

radiological, nuclear, and high explosives threats. 

(4) Standards relating to access to Department bases. 

(5) Standards for identity management within the Department, including such standards for identity cards and biometric 

identifications systems. 

(6) Procedures for validating and approving individuals 

with regular or episodic access to military installations, 

including military personnel, civilian employees, contractors, 

family members of personnel, and other types of visitors. 

(7) Procedures for sharing with appropriate Department 

of Defense officials with responsibility for force protection— 

(A) information from the intelligence or law enforcement community regarding possible threats from terrorists 

or terrorist groups, criminal organizations, or other state 

and non-state foreign entities actively working to undermine the security interests of the United States; and 

(B) information regarding personnel who have engaged 

in potentially suspicious activities or may otherwise pose 

a threat. 

(8) Any legislative changes recommended for implementing 

the recommendations contained in the review. 


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(c) INTERIM REPORT.—Not later than September 1, 2012, the 

Secretary of Defense shall submit an interim report on the comprehensive review required under subsection (a). 

(d) FINAL REPORT.—Not later than March 1, 2013, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a final report on the 

comprehensive review required under subsection (a). The final 

report shall include such findings and recommendations as the 

Secretary considers appropriate based on the review, including recommended actions to be taken to implement the specific recommendations in the final report. The final report shall be submitted in an unclassified format, but may include a classified annex. 

Subtitle E—Homeland Defense and Civil 

Support 

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

(a) 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 highyield 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. 

Certification. 


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(C) A detailed description of the proposed number and 

composition of Homeland Response Forces, including— 

(i) the number and type of units in each Homeland 

Response Force; and 

(ii) the number of personnel in each Homeland 

Response Force. 

(D) A comparative assessment of the emergency 

response capabilities of a Homeland Response Force with 

the capabilities of a Chemical, Biological, Radiological, 

Nuclear, or High-Yield Explosive Consequence Management Response Force, including— 

(i) a comparison of the equipment proposed for 

each type of force; 

(ii) a comparison of the proposed means of 

transportation for each type of force; 

(iii) an estimate of the time it would take each 

type of force to deploy to an incident site; and 

(iv) an estimate of the operational duration of each 

type of force at such a site. 

(E) A description of the command and control arrangements proposed for the Homeland Response Forces, 

including a description of the degree to which the Homeland 

Response Forces would be subject to the direction and 

control of the Department of Defense, as compared to the 

Governor of the State in which they are located. 

(F) The results of the United States Northern Command study of the possible concepts of operations and 

of the implementation of the Homeland Response Force 

plan in such a manner as to provide adequate capability 

to provide Federal defense support to civil authorities 

during domestic incidents involving weapons of mass 

destruction. 

(G) Any other matters the Secretary considers appropriate. 

(3) FORM OF REPORT.—The report required by this subsection shall be in unclassified form, but may include a classified annex. 

Subtitle F—Studies and Reports 

SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND 

SKILLS. 

(a) STUDY REQUIRED.— 

(1) SELECTION OF INDEPENDENT STUDY ORGANIZATION.—Not 

later than 60 days after the date of the enactment of this 

Act, the Secretary of Defense shall select and enter into an 

agreement with an appropriate independent, nonprofit 

organization to conduct a study of the matters described in 

subsection (b). 

(2) QUALIFICATIONS OF ORGANIZATION SELECTED.—The 

organization selected shall be qualified on the basis of having 

relevant expertise in the fields of national security and human 

capital development, and on the basis of such other criteria 

as the Secretary of Defense may determine. 

(b) MATTERS TO BE COVERED.—The study required by subsection (a) shall assess the current state of interagency national 

Recommendations. 

Deadline. 

Contracts. 


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security knowledge and skills in Department of Defense civilian 

and military personnel, and make recommendations for strengthening such knowledge and skills. At minimum, the study shall 

include assessments and recommendations on— 

(1) interagency national security training, education, and 

rotational assignment opportunities available to civilians and 

military personnel; 

(2) integration of interagency national security education 

into the professional military education system; 

(3) levels of interagency national security knowledge and 

skills possessed by personnel currently serving in civilian executive and general or flag officer positions, as represented by 

the interagency education, training, and professional experiences they have undertaken; 

(4) incentives that enable and encourage military and 

civilian personnel to undertake interagency assignment, education, and training opportunities, as well as disincentives and 

obstacles that discourage undertaking such opportunities; and 

(5) any plans or current efforts to improve the interagency 

national security knowledge and skills of civilian and military 

personnel. 

(c) REPORT.—Not later than December 1, 2011, the Secretary 

of Defense shall submit to the congressional defense committees 

a report containing the findings and recommendations from the 

study required by subsection (a). 

(d) DEFINITION.—In this section, the term ‘‘interagency national 

security knowledge and skills’’ means an understanding of, and 

the ability to efficiently and expeditiously work within, the structures, mechanisms, and processes by which the departments, agencies, and elements of the Federal Government that have national 

security missions coordinate and integrate their policies, capabilities, budgets, expertise, and activities to accomplish such missions. 

SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT 

TRAINING CENTER. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the need for 

the establishment of a Northeast Regional Joint Training Center. 

(b) CONTENTS OF REPORT.—The report required under subsection (a) shall include each of the following: 

(1) A list of facilities in the Northeastern United States 

at which, as of the date of the enactment of this Act, the 

Department of Defense has deployed or has committed to 

deploying joint training. 

(2) A description of the extent to which such facilities 

have sufficient unused capacity and expertise to accommodate 

and fully utilize joint training. 

(3) A list of potential locations for the Northeast Regional 

Joint Training Center discussed in the report. 

(c) CONSIDERATIONS WITH RESPECT TO LOCATION.—In determining potential locations for the Northeast Regional Joint Training 

Center to be discussed in the report required under subsection 

(a), the Secretary of Defense shall take into consideration Department of Defense facilities that have— 

(1) a workforce of skilled personnel; 


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(2) live, virtual, and constructive training capabilities, and 

the ability to digitally connect them and the associated battle 

command structure at the tactical and operational levels; 

(3) an extensive deployment history in Operation Enduring 

Freedom and Operation Iraqi Freedom; 

(4) a location in the Northeastern United States; 

(5) the capacity or potential capacity to accommodate a 

target training audience range of 500 to 4,000 additional personnel; and 

(6) the capability to accommodate the training of current 

and future joint forces. 

SEC. 1053. COMPTROLLER GENERAL REPORT ON PREVIOUSLY 

REQUESTED REPORTS. 

(a) REPORT REQUIRED.—Not later than March 1, 2011, the 

Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report evaluating 

the sufficiency, adequacy, and conclusions of the following reports: 

(1) The report on Air Force fighter force shortfalls, as 

required by the report of the House of Representatives numbered 111–166, which accompanied the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84). 

(2) The report on procurement of 4.5 generation fighters, 

as required by section 131 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2218). 

(3) The report on combat air forces restructuring, as 

required by the report of the House of Representatives numbered 111–288, which accompanied the conference report for 

the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84). 

(b) MATTERS COVERED BY REPORT.—The report required by 

subsection (a) shall examine the potential costs and benefits of 

each of the following: 

(1) The service life extension program costs to sustain 

the legacy fighter fleet to meet inventory requirements with 

an emphasis on the service life extension program compared 

to other options such as procurement of 4.5 generation fighters. 

(2) The Falcon Structural Augmentation Roadmap of F– 

16s, with emphasis on the cost-benefit of such effort and the 

effect of such efforts on the service life of the airframes. 

(3) Any additional programs designed to extend the service 

life of legacy fighter aircraft. 

(c) PROHIBITION.—No fighter aircraft may be retired from the 

Air Force or the Air National Guard inventory in fiscal year 2011 

until the date that is 90 days after the date on which the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives receive the report required 

under subsection (a). 

SEC. 1054. 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. 

Effective date. 

10 USC 113 note. 


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(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A detailed discussion of the modernization and 

sustainment plans for each component of the nuclear triad 

over the 10-year period beginning on the date of the report. 

(2) The funding required for each platform of the nuclear 

triad with respect to operation and maintenance, modernization, and replacement. 

(3) Any industrial capacities that the Secretary considers 

vital to ensure the viability of the nuclear triad. 

(c) NUCLEAR TRIAD DEFINED.—In this section, the term ‘‘nuclear 

triad’’ means the nuclear deterrent capabilities of the United States 

composed of ballistic missile submarines, land-based missiles, and 

strategic bombers. 

SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON ALIGNMENT 

OF WORLD REGIONS IN DEPARTMENTS AND AGENCIES 

WITH INTERNATIONAL RESPONSIBILITIES. 

(a) STUDY REQUIRED.—The Comptroller General of the United 

States shall conduct a study to assess the need for and implications 

of a common alignment of world regions in the internal organization 

of departments and agencies of the Federal Government with international responsibilities. 

(b) DEPARTMENTS AND AGENCIES.—The following departments 

and agencies, at a minimum, shall be included in the study: 

(1) The Department of State. 

(2) The Department of the Treasury. 

(3) The Department of Defense. 

(4) The Department of Justice. 

(5) The Department of Commerce. 

(6) The Department of Homeland Security. 

(7) The United States Agency for International Development. 

(8) The agencies comprising the intelligence community. 

(9) Such other departments, agencies, and Federal 

organizations with significant international responsibilities as 

the Comptroller General considers appropriate. 

(c) COOPERATION AND ACCESS.—The heads of the departments 

and agencies included in the study shall provide full cooperation 

with, and access to appropriate information on organizational structures to, the Comptroller General for the purposes of conducting 

the study. 

(d) MATTERS COVERED.—The study required under subsection 

(a) shall, at a minimum, assess— 

(1) problems and inefficiencies resulting from lack of a 

common alignment, including impediments to interagency 

collaboration; 

(2) obstacles to implementing a common alignment; 

(3) advantages and disadvantages of a common alignment; 

and 

(4) measures taken to address challenges associated with 

the lack of a common alignment. 

(e) REPORT.—The Comptroller General shall submit to Congress 

a report on the study required under subsection (a) not later than 

180 days after the date of the enactment of this Act. 


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124 STAT. 4360 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION, SUSTAINMENT, AND RECAPITALIZATION EFFORTS 

IN SUPPORT OF THE NATIONAL DEFENSE STRATEGY. 

(a) AIR FORCE REPORT.— 

(1) REPORT REQUIRED.—Not later than 360 days after the 

date of the enactment of this Act, the Secretary of the Air 

Force shall submit to the congressional defense committees 

a report that includes— 

(A) a discussion of the cost, schedule, and performance 

of all planned efforts to modernize and keep viable the 

existing B–1, B–2, and B–52 bomber fleets and a discussion 

of the forecasted service-life and all sustainment challenges 

that the Secretary of the Air Force may confront in keeping 

those platforms viable until the anticipated retirement of 

such aircraft; 

(B) a discussion, presented in a comparison and contrast type format, of the scope of the 2007 Next-Generation 

Long Range Strike Analysis of Alternatives guidance and 

subsequent Analysis of Alternatives report tasked by the 

Under Secretary of Defense for Acquisition, Technology, 

and Logistics in the September 11, 2006, Acquisition Decision Memorandum, as compared to the scope and directed 

guidance of the year 2010 Long Range Strike Study effort 

currently being conducted by the Under Secretary of 

Defense for Policy and the Office of the Secretary of 

Defense’s Cost Assessment and Program Evaluation Office; 

and 

(C) a discussion of the preliminary costs, any development, testing, fielding and operational employment challenges, capability gaps, limitations, and shortfalls of the 

Secretary of Defense’s plan to field a long-range, penetrating, survivable, persistent and enduring ‘‘family of systems’’ as compared to the preliminary costs, any development, testing, fielding, and operational employment of a 

singular platform that encompasses all the required aforementioned characteristics. 

(2) PREPARATION OF REPORT.—The report under paragraph 

(1) shall be prepared by a federally funded research and 

development center selected by the Secretary of the Air Force 

and submitted to the Secretary for submittal by the Secretary 

in accordance with that paragraph. 

(b) COST ANALYSIS AND PROGRAM EVALUATION REPORT.—Not 

later than 180 days after the date of the enactment of this Act, 

the Director of the Cost Analysis and Program Evaluation of the 

Office of the Secretary of Defense shall submit to the congressional 

defense committees a report that includes— 

(1) the assumptions and estimated life-cycle costs of the 

Department’s long-range, penetrating, survivable, persistent, 

and enduring ‘‘family of systems’’ platforms; and 

(2) the assumptions and estimated life-cycle costs of the 

Next Generation Platform program, as planned, prior to the 

cancellation of the program on April 6, 2009. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4361 

SEC. 1057. COMPTROLLER GENERAL STUDY AND RECOMMENDATIONS 

REGARDING SECURITY OF SOUTHERN LAND BORDER OF 

THE UNITED STATES. 

(a) STUDY AND REPORT REQUIRED.—The Comptroller General 

of the United States shall conduct a study of the security of the 

southern land border of the United States and ongoing United 

States Government efforts to improve such security. Not later than 

180 days after the date of the enactment of this Act, the Comptroller 

General shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report containing 

the findings of the study and such recommendations based on 

such findings as the Comptroller General considers to be appropriate. 

(b) ISSUES ADDRESSED.—The study and report required by subsection (a) shall address, at a minimum, the following issues: 

(1) The extent to which the United States has or has 

not achieved and maintained operational control over the 

southern land border of the United States, as defined in section 

2(b) of the Secure Fence Act of 2006 (Public Law 109–367; 

8 U.S.C. 1701 note). 

(2) The extent to which any lack of operational control 

over the southern land border of the United States has resulted 

in the operation of illicit networks trafficking in people, drugs, 

illegal weapons and money, violence associated with such illegal 

activities, and other impacts adverse to the interests of the 

United States. 

(3) The costs and benefits of steps, including but not limited 

to the steps identified in subsection (c), that could be taken 

by elements of the United States Government to achieve operational control over the southern land border of the United 

States. 

(4) The costs and benefits of an increased role for the 

Department of Defense in taking any such steps. 

(5) The adequacy of current information sharing agreements and other related agreements between Federal, State, 

local, and tribal law enforcement authorities with regard to 

the security of the southern land border of the United States. 

(6) The impact of any increased deployment of unmanned 

aerial systems or unmanned aircraft on the use and availability 

of the National Airspace in the area of the southern land 

border of the United States. 

(c) SPECIFIC STEPS TO BE CONSIDERED.—The steps to be considered by the Comptroller General pursuant to paragraphs (3) and 

(4) of subsection (b) shall include the following: 

(1) The deployment of additional units or members of the 

National Guard or other Department of Defense personnel to 

the southern land border of the United States. 

(2) The commitment of additional border patrol agents 

or other civilian law enforcement personnel to the southern 

land border of the United States. 

(3) The construction of additional fencing, including 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. 


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124 STAT. 4362 PUBLIC LAW 111–383—JAN. 7, 2011 

(6) The deployment and provision of capability for radio 

communications interoperability between U.S. Customs and 

Border Protection and State, local, and tribal law enforcement 

agencies. 

(7) The construction of checkpoints along the southern land 

border of the United States. 

(8) The use of additional mobile patrols by military or 

civilian personnel, particularly in rural, high-trafficked areas, 

as designated by the Commissioner of Customs and Border 

Protection. 

Subtitle G—Miscellaneous Authorities and 

Limitations 

SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE 

REPORTS REQUIRED BY LAW. 

(a) PUBLIC AVAILABILITY.— 

(1) IN GENERAL.—Chapter 3 of title 10, United States Code, 

is amended by inserting after section 122 the following new 

section: 

‘‘§ 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. 

10 USC 122a 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4363 

SEC. 1062. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT 

TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND 

OTHERWISE USE PRIVATELY OWNED FIREARMS, AMMUNITION, AND OTHER WEAPONS. 

(a) IN GENERAL.—Except as provided in subsection (c), the 

Secretary of Defense shall not prohibit, issue any requirement 

relating to, or collect or record any information relating to the 

otherwise lawful acquisition, possession, ownership, carrying, or 

other use of a privately owned firearm, privately owned ammunition, or another privately owned weapon by a member of the Armed 

Forces or civilian employee of the Department of Defense on property that is not— 

(1) a military installation; or 

(2) any other property that is owned or operated by the 

Department of Defense. 

(b) EXISTING REGULATIONS AND RECORDS.— 

(1) REGULATIONS.—Any regulation promulgated before the 

date of enactment of this Act shall have no force or effect 

to the extent that it requires conduct prohibited by this section. 

(2) RECORDS.—Not later than 90 days after the date of 

enactment of this Act, the Secretary of Defense shall destroy 

any record containing information described in subsection (a) 

that was collected before the date of enactment of this Act. 

(c) RULE OF CONSTRUCTION.—Subsection (a) shall not be construed to limit the authority of the Secretary of Defense to— 

(1) create or maintain records relating to, or regulate the 

possession, carrying, or other use of a firearm, ammunition, 

or other weapon by a member of the Armed Forces or civilian 

employee of the Department of Defense while— 

(A) engaged in official duties on behalf of the Department of Defense; or 

(B) wearing the uniform of an Armed Force; or 

(2) create or maintain records relating to an investigation, 

prosecution, or adjudication of an alleged violation of law 

(including regulations not prohibited under subsection (a)), 

including matters related to whether a member of the Armed 

Forces constitutes a threat to the member or others. 

(d) REVIEW.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall— 

(1) conduct a comprehensive review of the privately owned 

weapons policy of the Department of Defense, including legal 

and policy issues regarding the regulation of privately owned 

firearms off of a military installation, as recommended by the 

Department of Defense Independent Review Related to Fort 

Hood; and 

(2) submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House 

of Representatives a report regarding the findings of and recommendations relating to the review conducted under paragraph (1), including any recommendations for adjustments to 

the requirements under this section. 

(e) MILITARY INSTALLATION DEFINED.—In this section, the term 

‘‘military installation’’ has the meaning given that term under section 2687(e)(1) of title 10, United States Code. 

Reports. 

Deadline. 

Records. 

Deadline. 

10 USC 1030 

note prec. 


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124 STAT. 4364 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 1063. DEVELOPMENT OF CRITERIA AND METHODOLOGY FOR 

DETERMINING THE SAFETY AND SECURITY OF NUCLEAR 

WEAPONS. 

(a) IN GENERAL.—The Secretary of Energy and the Secretary 

of Defense shall, acting through the Nuclear Weapons Council, 

develop the following: 

(1) Criteria for determining the appropriate baseline for 

safety and security of nuclear weapons through the life cycle 

of such weapons. 

(2) A methodology for determining the level of safety and 

security that may be achieved through a life extension program 

for each type of nuclear weapon. 

(b) REPORT REQUIRED.—Not later than March 1, 2012, the 

Secretary of Energy and the Secretary of Defense shall jointly 

submit to the congressional defense committees a report containing 

the criteria and the methodology developed pursuant to subsection 

(a). 

Subtitle H—Other Matters 

SEC. 1071. NATIONAL DEFENSE PANEL. 

Subsection (f) of section 118 of title 10, United States Code, 

is amended to read as follows: 

‘‘(f) NATIONAL DEFENSE PANEL.— 

‘‘(1) ESTABLISHMENT.—Not later than February 1 of a year 

in which a quadrennial defense review is conducted under 

this section, there shall be established an independent panel 

to be known as the National Defense Panel (in this subsection 

referred to as the ‘Panel’). The Panel shall have the duties 

set forth in this subsection. 

‘‘(2) MEMBERSHIP.—The Panel shall be composed of ten 

members from private civilian life who are recognized experts 

in matters relating to the national security of the United States. 

Eight of the members shall be appointed as follows: 

‘‘(A) Two by the chairman of the Committee on Armed 

Services of the House of Representatives. 

‘‘(B) Two by the chairman of the Committee on Armed 

Services of the Senate. 

‘‘(C) Two by the ranking member of the Committee 

on Armed Services of the House of Representatives. 

‘‘(D) Two by the ranking member of the Committee 

on Armed Services of the Senate. 

‘‘(3) CO-CHAIRS OF THE PANEL.—In addition to the members 

appointed under paragraph (2), the Secretary of Defense shall 

appoint two members from private civilian life to serve as 

co-chairs of the panel. 

‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the Panel. Any vacancy in the 

Panel shall be filled in the same manner as the original appointment. 

‘‘(5) DUTIES.—The Panel shall have the following duties 

with respect to a quadrennial defense review: 

‘‘(A) While the review is being conducted, the Panel 

shall review the updates from the Secretary of Defense 

required under paragraph (8) on the conduct of the review. 

‘‘(B) The Panel shall— 

Appointment. 

Deadline. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4365 

‘‘(i) review the Secretary of Defense’s terms of reference and any other materials providing the basis 

for, or substantial inputs to, the work of the Department of Defense on the quadrennial defense review; 

‘‘(ii) conduct an assessment of the assumptions, 

strategy, findings, and risks of the report on the 

quadrennial defense review required in subsection (d), 

with particular attention paid to the risks described 

in that report; 

‘‘(iii) conduct an independent assessment of a 

variety of possible force structures of the armed forces, 

including the force structure identified in the report 

on the quadrennial defense review required in subsection (d); 

‘‘(iv) review the resource requirements identified 

pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource 

requirements to support the forces contemplated under 

the force structures assessed under this subparagraph; 

and 

‘‘(v) 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. 

Deadlines. 

Recommendations. 


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124 STAT. 4366 PUBLIC LAW 111–383—JAN. 7, 2011 

‘‘(C) The Panel shall have the authorities provided 

in section 3161 of title 5 and shall be subject to the conditions set forth in such section. 

‘‘(D) Funds for activities of the Panel shall be provided 

from amounts available to the Department of Defense. 

‘‘(10) TERMINATION.—The Panel for a quadrennial defense 

review shall terminate 45 days after the date on which the 

Panel submits its final report on the quadrennial defense review 

under paragraph (7).’’. 

SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND 

LOCAL HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCIES. 

(a) STATE AND LOCAL AGENCIES TO WHICH SALES MAY BE

MADE.—Section 2576 of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘State and local law enforcement and 

firefighting agencies’’ and inserting ‘‘State and local law 

enforcement, firefighting, homeland security, and emergency management agencies’’; and 

(B) by striking ‘‘in carrying out law enforcement and 

firefighting activities’’ and inserting ‘‘in carrying out law 

enforcement, firefighting, homeland security, and emergency management activities’’; and 

(2) in subsection (b), by striking ‘‘State or local law enforcement or firefighting agency’’ both places it appears and 

inserting ‘‘State or local law enforcement, firefighting, homeland 

security, or emergency management agency’’. 

(b) TYPES OF EQUIPMENT THAT MAY BE SOLD.—Subsection (a) 

of such section is further amended by striking ‘‘and protective 

body armor’’ and inserting ‘‘personal protective equipment, and 

other appropriate equipment’’. 

(c) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 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 

10 USC 2359a 

note. 


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such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that 

meet critical national security needs. 

(b) GUIDELINES.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall issue guidelines 

for the operation of the program. At a minimum such guidance 

shall provide for the following: 

(1) The issuance of an annual broad agency announcement 

or the use of any other competitive or merit-based processes 

by the Department of Defense and by each military department 

for candidate proposals in direct support of primarily major 

defense acquisition programs, but also other defense acquisition 

programs as described in subsection (a). 

(2) The review of candidate proposals by the Department 

of Defense and by each military department and the meritbased 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 

Notice. 

Deadlines. 


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124 STAT. 4368 PUBLIC LAW 111–383—JAN. 7, 2011 

project funded under this section, including, for each such project, 

the amount of funding provided for the project, the defense acquisition program that the project supports, including the extent to 

which the project meets needs identified in its acquisition plan, 

the anticipated timeline for transition for the project, and the 

degree to which a competitive, merit-based process was used to 

evaluate and select the performers of the projects selected under 

this program. 

(g) TERMINATION.—The authority to carry out a program under 

this section shall terminate on September 30, 2015. Any amounts 

made available for the program that remain available for obligation 

on the date the program terminates may be transferred under 

subsection (e) during the 180-day period beginning on the date 

of the termination of the program. 

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

(a) DOMESTIC AUTHORITY.—Section 2557 of title 10, United 

States Code, is amended— 

(1) in subsection (a)(1), by adding at the end the following 

new sentence: ‘‘In addition, the Secretary may make nonlethal 

excess supplies of the Department available to support domestic 

emergency assistance activities.’’; and 

(2) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘Excess’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) Excess supplies made available under this section to support domestic emergency assistance activities shall be transferred 

to the Secretary of Homeland Security. The Secretary of Defense 

may provide assistance in the distribution of such supplies at the 

request of the Secretary of Homeland Security.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 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: 

Time period. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4369 

(1) The tables of chapters at the beginning of subtitle 

A and at the beginning of part II of such subtitle are amended 

by striking ‘‘1031’’ in the item relating to chapter 53 and 

inserting ‘‘1030’’. 

(2) Section 127a is amended— 

(A) in subsection (a)(1)(A), by striking ‘‘Armed Forces’’ 

and inserting ‘‘armed forces’’; and 

(B) in subsection (b)(1) by striking ‘‘Armed Forces’’ 

both places it appears and inserting ‘‘armed forces’’. 

(3) Section 127d(d)(1) is amended by striking ‘‘Committee 

on International Relations’’ and inserting ‘‘Committee on Foreign Affairs’’. 

(4) Section 132 is amended— 

(A) by redesignating subsection (d), as added by section 

2831(a) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2669), as subsection (e); and 

(B) in such subsection, by striking ‘‘Guam Executive 

Council’’ and inserting ‘‘Guam Oversight Council’’. 

(5) Section 139c(d)(4) is amended by adding at period at 

the end. 

(6) Section 139d(a)(6) is amended by striking ‘‘propriety’’ 

and inserting ‘‘proprietary’’. 

(7) Section 172 is amended— 

(A) by striking ‘‘(a)’’ before ‘‘The Secretaries’’; and 

(B) by striking subsection (b). 

(8) Section 181(b)(3) is amended by striking ‘‘Performance 

Evaluation’’ and inserting ‘‘Program Evaluation’’. 

(9) Section 186 is amended by redesignating the second 

subsection (c) (relating to definitions) as subsection (d). 

(10)(A) Section 382 is amended by striking ‘‘section 175 

or 2332c’’ in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and 

inserting ‘‘section 175, 229, or 2332a’’. 

(B) The heading of such section is amended by striking 

‘‘chemical or biological’’. 

(C) The table of sections at the beginning of chapter 18 

is amended by striking the item relating to section 382 and 

inserting the following new item: 

‘‘382. Emergency situations involving weapons of mass destruction.’’. 

(11) Section 428(f) is amended by striking ‘‘, United States 

Code,’’. 

(12) Section 525 is amended— 

(A) in subsection (d), by striking ‘‘section 601(b)(4)’’ 

and inserting ‘‘section 601(b)(5)’’; and 

(B) in subsection (g)(1)— 

(i) by striking ‘‘and is not’’ and inserting ‘‘and 

are not’’; and 

(ii) by adding at period at the end. 

(13) Section 841(c) is amended by striking ‘‘trail counsel’’ 

and inserting ‘‘trial counsel’’. 

(14) Section 843(b)(2)(B)(v) is amended by striking ‘‘Kidnaping; indecent assault;’’ and inserting ‘‘Kidnaping, indecent 

assault,’’. 

(15) Section 1030(e)(1) is amended by striking ‘‘3 years,’’ 

and inserting ‘‘three years.’’. 

(16) Section 1146 is amended— 

10 USC 127. 


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124 STAT. 4370 PUBLIC LAW 111–383—JAN. 7, 2011 

(A) in subsection (a), by striking ‘‘(a) BENEFITS FOR

MEMBERS INVOLUNTARILY SEPARATED.—’’, as added by section 5(1) of Public Law 110–317 (122 Stat. 3528); 

(B) by redesignating the second subsection (b) as subsection (c); and 

(C) in subsection (c), as so redesignated— 

(i) by striking ‘‘BENEFITS FOR’’ in the subsection 

heading; 

(ii) by striking ‘‘Armed Forces’’ in the matter preceding paragraph (1) and inserting ‘‘armed forces’’; and 

(iii) by striking ‘‘the members entitlement’’ in paragraph (2) and inserting ‘‘the member’s entitlement’’. 

(17) Section 1174(i) is amended by striking ‘‘Armed Forces’’ 

each place it appears and inserting ‘‘armed forces’’. 

(18) Section 1175a(j)(3) is amended by striking ‘‘title 10’’ 

and inserting ‘‘this title’’. 

(19) Section 1203(b)(4)(B) is amended by striking ‘‘determination,,’’ and inserting ‘‘determination,’’. 

(20) Section 1482a(c)(3) is amended by striking ‘‘section 

1482(a)(11)’’ and inserting ‘‘section 1482(e)(5)(A)’’. 

(21) Section 1566a(a)(1) is amended by inserting a close 

parenthesis before the period at the end. 

(22) Section 1599c(a)(2)(B) is amended by striking ‘‘subchapter 1’’ and inserting ‘‘subchapter I’’. 

(23) Section 1781b(d) is amended by striking ‘‘March 1, 

2008, and each year thereafter’’ and inserting ‘‘March 1 each 

year’’. 

(24) Section 1781c(h)(1) is amended by striking ‘‘180 days 

after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2010, and annually thereafter’’ and inserting ‘‘April 30 each year’’. 

(25) Section 1788(b) is amended by striking ‘‘Armed Forces’’ 

and inserting ‘‘armed forces’’. 

(26) Section 2004b(b)(1) is amended by striking ‘‘pay grade 

0–3’’ and inserting ‘‘pay grade O–3’’. 

(27) The table of sections at the beginning of chapter 104 

is amended by transferring the item relating to section 2113a 

to appear after the item relating to section 2113. 

(28) Section 2130a(b)(1) is amended by striking ‘‘Training 

Program’’ both places it appears and inserting ‘‘Training Corps 

program’’. 

(29) Section 2222(a) is amended by striking ‘‘Effective 

October 1, 2005, funds’’ and inserting ‘‘Funds’’. 

(30) The table of sections at the beginning of subchapter 

I of chapter 134, as amended by section 1031(a)(2) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2448), is amended by transferring the 

item relating to section 2241a from the end of the table of 

sections to appear after the item relating to section 2241. 

(31) Section 2323(a)(1)(D) is amended by inserting a close 

parenthesis before the semicolon. 

(32) Section 2362(e)(1) is amended by striking ‘‘IV’’ and 

inserting ‘‘V’’. 

(33) Section 2366a(c) is amended— 

(A) by inserting a space between ‘‘(c)’’ and the subsection heading; and 

10 USC 1174. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4371 

(B) in paragraph (4), by striking ‘‘section 125a(a) of 

this title’’ and inserting ‘‘section 118b(c)(3) of this title’’. 

(34) Section 2433(a)(1) is amended by striking ‘‘section 

2430a(c)’’ and inserting ‘‘section 2430a(d)’’. 

(35) Section 2433a(b)(2)(B) is amended by striking ‘‘section 

181(g)((1)’’ and inserting ‘‘section 181(g)(1)’’. 

(36) Section 2476(d)(2)(D) is amended by striking ‘‘Navy 

Depots’’ and inserting ‘‘Navy depots’’. 

(37) Section 2488(f) is amended by striking ‘‘Armed Forces’’ 

both places it appears and inserting ‘‘armed forces’’. 

(38) Section 2533a(d) is amended in paragraphs (1) and 

(4) by striking ‘‘(b)(1)(A), (b)(2), or (b)(3)’’ and inserting ‘‘(b)(1)(A) 

or (b)(2)’’. 

(39) Section 2603 is amended by striking ‘‘Armed Forces’’ 

both places it appears and inserting ‘‘armed forces’’. 

(40) Section 2642(a)(3) is amended by striking ‘‘During 

the five-year period beginning on the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2010’’ 

and inserting ‘‘During the period beginning on October 28, 

2009, and ending on October 28, 2014’’. 

(41) Section 2667(e) is amended— 

(A) in paragraph (1)(A)(ii), by striking ‘‘sections 2668 

and 2669’’ and inserting ‘‘section 2668’’; and 

(B) in paragraph (5), by striking ‘‘subsection (f)’’ and 

inserting ‘‘subsection (g)’’. 

(42) Section 2671(a)(2) is amended by striking ‘‘Armed 

Forces’’ and inserting ‘‘armed forces’’. 

(43) Section 2684a(g)(1) is amended by striking ‘‘March 

1, 2007, and annually thereafter’’ and inserting ‘‘March 1 each 

year’’. 

(44) Section 2687a(a) is amended by striking ‘‘31for’’ and 

inserting ‘‘31 for’’. 

(45) Section 2694c(d)(4) is amended by inserting 

‘‘Authorization’’ after ‘‘Military Construction’’. 

(46) Chapter 160 is amended— 

(A) in section 2700(2), by inserting ‘‘ ‘pollutant or 

contaminant’,’’ after ‘‘ ‘person’,’’; and 

(B) in section 2701(b)(1), by striking ‘‘hazardous substances, pollutants, and contaminants’’ and inserting ‘‘a 

hazardous substance or pollutant or contaminant’’. 

(47) The table of subchapters at the beginning of chapter 

173 is amended by inserting ‘‘Sec.’’ above ‘‘2911’’. 

(48) Section 2922d is amended by striking ‘‘1 or more’’ 

each place it appears and inserting ‘‘one or more’’. 

(49) Section 7042(a)(1)(A) is amended by striking the 

comma after ‘‘captain’’. 

(50) Section 9515 is amended— 

(A) in subsection (b), by striking ‘‘Section 1356 of the 

National Defense Authorization Act for 2008’’ and inserting 

‘‘section 1356 of the National Defense Authorization Act 

for Fiscal Year 2008’’; 

(B) in subsection (f)(2), by striking ‘‘paragraph (2)’’ 

and inserting ‘‘paragraph (1)’’; and 

(C) in subsection (j)(1), by striking ‘‘United States 

Code,’’. 

(51) Section 10214 is amended by striking ‘‘14508(e)’’ and 

inserting ‘‘14508(h)’’. 

10 USC 2433. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4372 PUBLIC LAW 111–383—JAN. 7, 2011 

(52) Section 10216 is amended by striking ‘‘section 115(c)’’ 

in subsections (b)(1), (c)(1), and (c)(2)(A) and inserting ‘‘section 

115(d)’’. 

(53) Section 10217(c)(1) is amended— 

(A) by striking ‘‘Effective October 1, 2007, the’’ and 

inserting ‘‘The’’; and 

(B) by striking ‘‘after the preceding sentence takes 

effect’’. 

(54) Section 12203(a) is amended by striking ‘‘above’’ in 

the first sentence and inserting ‘‘of’’. 

(55) Section 16132a is amended— 

(A) in subsection (b)(1), by striking ‘‘agreement to 

service’’ and inserting ‘‘agreement to serve’’; and 

(B) in subsection (i)(2), by striking ‘‘whose’’. 

(56) Section 16163a(b)(2) is amended by striking ‘‘section 

(j)’’ and inserting ‘‘subsection (j)’’. 

(c) TITLE 37.—Title 37, United States Code, is amended as 

follows: 

(1) Section 303a(e)(3)(B) is amended by inserting ‘‘of’’ after 

‘‘result’’. 

(2) The table of sections at the beginning of chapter 5 

is amended by striking the item related to section 312 and 

inserting the following new item: 

‘‘312. Special pay: nuclear-qualified officers extending period of active service.’’. 

(3) The table of sections at the beginning of chapter 7 

is amended— 

(A) by striking the item related to section 438 and 

inserting the following new item: 

‘‘411k. Travel and transportation allowances: non-medical attendants for members 

who are determined to be very seriously or seriously wounded, ill, or injured.’’; and 

(B) by striking the item related to section 438 and 

inserting the following new item: 

‘‘438. Preventive health services allowance.’’. 

(4) Section 411k(d)(1) is amended by striking ‘‘allowances 

section’’ and inserting ‘‘allowances under section’’. 

(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2010.—Effective as of October 28, 2009, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84) is amended as follows: 

(1) Section 325(d)(4) (123 Stat. 2254) is amended by striking 

‘‘section 236’’ and inserting ‘‘section 235’’. 

(2) Section 502(c)(3) (123 Stat. 2274) is amended by striking 

‘‘officers’’ and inserting ‘‘general officers and flag officers’’. 

(3) Section 581(a)(1)(C) (123 Stat. 2326) is amended by 

striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g), as 

redesignated by section 582(b)(1)’’. 

(4) Section 584(a) (123 Stat. 2330) is amended by striking 

‘‘such Act’’ and inserting ‘‘the Uniformed and Overseas Citizens 

Absentee Voting Act’’. 

(5) Section 585(b)(1) (123 Stat. 2331) is amended by striking 

subparagraphs (A) and (B), and inserting the following new 

subparagraphs: 

‘‘(A) in paragraph (2), by striking ‘section 102(4)’ and 

inserting ‘section 102(a)(4)’; and 

42 USC 1973ff. 

42 USC 1973ff. 

42 USC 1973ff–2. 

10 USC 525. 

Effective date. 

10 USC 525 note. 

10 USC 10216. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4373 

‘‘(B) by striking paragraph (4) and inserting the following new paragraph: 

‘‘ ‘(4) prescribe a suggested design for absentee ballot 

mailing envelopes;’; and’’. 

(6) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff–7) is 

amended— 

(A) in subsection (a)(1)— 

(i) by striking ‘‘section 107(a)’’ and inserting ‘‘section 107(1)’’; and 

(ii) by striking ‘‘1973ff et seq.’’ and inserting 

‘‘1973ff–6(1)’’; and 

(B) in subsection (e)(1), by striking ‘‘1977ff note’’ and 

inserting ‘‘1973ff note’’. 

(7) The undesignated section immediately following section 

603 (123 Stat. 2350) is designated as section 604. 

(8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) 

is amended— 

(A) by striking ‘‘feasability’’ both places it appears and 

inserting ‘‘feasibility’’; and 

(B) by striking ‘‘specialities’’ both places it appears 

and inserting ‘‘specialties’’. 

(9) Section 813(a)(3) (123 Stat. 2407) is amended by 

inserting ‘‘order’’ after ‘‘task’’ in the matter to be struck. 

(10) Section 921(b)(2) (123 Stat. 2432) is amended by 

inserting ‘‘subchapter I of’’ before ‘‘chapter 21’’. 

(11) Section 1014(c) (123 Stat. 2442) is amended by striking 

‘‘in which the support’’ and inserting ‘‘in which support’’. 

(12) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) 

is amended by striking ‘‘et 13 seq.’’ and inserting ‘‘et seq.’’. 

(13) Section 1055(f) (123 Stat. 2462) is amended by striking 

‘‘Combating’’ and inserting ‘‘Combatting’’. 

(14) Section 1063(d)(2) (123 Stat. 2470) is amended by 

striking ‘‘For purposes of this section, the’’ and inserting ‘‘The’’. 

(15) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) 

is amended— 

(A) by striking ‘‘title 14’’ and inserting ‘‘title XIV’’; 

(B) by striking ‘‘title 10’’ and inserting ‘‘title X’’; and 

(C) by striking ‘‘the Military Commissions Act of 2006 

(10 U.S.C. 948 et seq.; Public Law 109–366)’’ and inserting 

‘‘chapter 47A of title 10, United States Code’’. 

(16) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note 

prec.) is amended by striking ‘‘the Secretary’’ in the first sentence and inserting ‘‘the Secretary of Defense’’. 

(17) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 note) 

is amended by inserting ‘‘United States Code,’’ after ‘‘title 5,’’ 

the first place it appears. 

(18) Section 1202(c) (123 Stat. 2512) is amended— 

(A) by striking ‘‘1208(f) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375; 118 Stat. 2086) is amended in the 

second sentence’’ and inserting ‘‘1208(f)(2) of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 108–375; 118 Stat. 2086), as 

amended by section 1202(a) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 363), is further amended’’; and 

10 USC 113 note. 

10 USC 2371; 

50 USC 2369. 

10 USC 421 prec. 

10 USC 2302 

note. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4374 PUBLIC LAW 111–383—JAN. 7, 2011 

(B) by redesignating paragraphs (1) through (8), as 

proposed to be inserted, as subparagraphs (A) through 

(H), respectively and indenting the left margin of such 

subparagraphs, as so redesignated, 4 ems from the left 

margin. 

(19) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) 

is amended by inserting a space between the first short title 

and ‘‘or’’. 

(20) Section 1306(b) (123 Stat. 2560) is amended by striking 

‘‘fiscal year’’ and inserting ‘‘Fiscal Year’’. 

(21) Subsection (b) of section 1803 (123 Stat. 2612) is 

amended to read as follows: 

‘‘(b) APPELLATE REVIEW UNDER DETAINEE TREATMENT ACT OF

2005.— 

‘‘(1) DEPARTMENT OF DEFENSE, EMERGENCY SUPPLEMENTAL

APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF

MEXICO, AND PANDEMIC INFLUENZA ACT, 2006.—Section 1005(e) 

of the Detainee Treatment Act of 2005 (title X of Public Law 

109–148; 10 U.S.C. 801 note) is amended by striking paragraph 

(3). 

‘‘(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2006.—Section 1405(e) of the Detainee Treatment Act of 

2005 (Public Law 109–163; 10 U.S.C. 801 note) is amended 

by striking paragraph (3).’’. 

(22) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by 

striking the comma after ‘‘5941’’. 

(23) Section 2804(d)(2) (123 Stat. 2662) is amended by 

inserting ‘‘subchapter III of’’ before ‘‘chapter 169’’. 

(24) Section 2835(f)(1) (123 Stat. 2677) is amended by 

striking ‘‘publically-available’’ and inserting ‘‘publicly available’’. 

(25) Section 3503(b)(1) (123 Stat. 2719) is amended by 

striking the extra quotation marks. 

(26) Section 3508(1) (123 Stat. 2721) is amended by striking 

‘‘headline’’ and inserting ‘‘heading’’. 

(e) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2009.—The Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417) is 

amended as follows: 

(1) Section 143(b)(1) (122 Stat. 4381; 10 U.S.C. 2304 note) 

is amended by striking ‘‘identifies’’ and inserting ‘‘identify’’. 

(2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 2431 note) 

is amended by striking ‘‘section’’ and inserting ‘‘subsection’’. 

(3) Section 233(a)(3) (122 Stat. 4393) is amended by striking 

‘‘122 Stat. 42’’ and inserting ‘‘122 Stat. 43’’. 

(4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 8062 note) 

is amended by striking ‘‘their’’ and inserting ‘‘its’’. 

(5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 2911 note) 

is amended by striking ‘‘section (d)’’ and inserting ‘‘subsection 

(d)’’. 

(6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 2302 note) 

is amended by inserting a comma after ‘‘Agent’’. 

(7) Section 596(b)(1)(D) (10 U.S.C. 1071 note), as amended 

by section 594 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2338), is 

amended by striking ‘‘or flag’’ the second place it appears. 

10 USC 2431 

note. 

49 USC 109. 

46 USC 51301. 

10 USC 2687 

note. 

10 USC 2851. 

5 USC 5304 note; 

39 USC 1005. 

10 USC 801 note. 

10 USC 802. 

22 USC 5959. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4375 

(8) Section 597(f) (122 Stat. 4481) is amended by striking 

‘‘meeting’’ and inserting ‘‘meanings’’. 

(9) Section 604(b) (122 Stat. 4483) is amended by inserting 

‘‘of’’ after ‘‘(a)(1)’’. 

(10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 353 note) 

is amended by striking ‘‘such subsections’’ and inserting ‘‘such 

subsection’’. 

(11) Section 711(d)(2) (122 Stat. 4501) is amended by 

striking ‘‘1111((b)’’ and inserting ‘‘1111(b)(3)’’. 

(12) Effective as of October 14, 2008, and as if included 

in Public Law 110–417 as enacted, section 727(b)(2) is amended 

by striking ‘‘compelling’’. 

(13) Section 822(c)(1)(A) (122 Stat. 4532) is amended by 

striking ‘‘this title’’ and inserting ‘‘title 10, United States Code’’. 

(14) Section 863(b)(3)(A) (122 Stat. 4547) is amended by 

striking ‘‘subsection (d)(2)(A)’’ and inserting ‘‘subsection 

(d)(3)(A)’’. 

(15) Section 869 (122 Stat. 4553) is amended— 

(A) in subsection (b), by striking ‘‘433(a)’’ and inserting 

‘‘433a(a)’’; and 

(B) in subsection (c)(4)— 

(i) by striking ‘‘37(j)’’ and inserting ‘‘37(g)’’; and 

(ii) by striking ‘‘433(j)’’ and inserting ‘‘433(g)’’. 

(16) Section 873(a)(4) (122 Stat. 4558; 10 U.S.C. 6101 note) 

is amended by striking ‘‘to Government’’ and inserting ‘‘to the 

Government’’. 

(17) Section 1111 (10 U.S.C. 143 note), as amended by 

section 1109 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2492), is 

amended— 

(A) in subsection (a)(1), by striking ‘‘section 821’’ and 

inserting ‘‘section 833’’; and 

(B) in subsection (b)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘secretary of a military department’’ and 

inserting ‘‘Secretary of a military department’’; 

(ii) in paragraph (1)— 

(I) by striking ‘‘the the requirements’’ and 

inserting ‘‘the requirements’’; and 

(II) by striking ‘‘this title’’ and inserting ‘‘such 

title’’; and 

(iii) in paragraph (2), by striking ‘‘any any of the 

following’’ and inserting ‘‘any of the following’’. 

(18) Section 1602(5) (122 Stat. 4653; 22 U.S.C. 2368 note) 

is amended by striking ‘‘a Active’’ and inserting ‘‘an Active’’. 

(19) Section 3113 (122 Stat. 4754; 50 U.S.C. 2444) is 

amended— 

(A) in subsection (b)(2), by inserting a close parenthesis 

before the semicolon; and 

(B) in subsection (d)(2), by striking ‘‘fails repay’’ and 

inserting ‘‘fails to repay’’. 

(20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is 

amended by inserting a period at the end of subsection (f). 

(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2008.—The National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181) is amended as follows: 

41 USC 1704. 

41 USC 3302. 

10 USC 2320 

note. 

Effective date. 

10 USC 1203 and 

note. 

10 USC 1079 

note. 

37 USC 427 note. 

10 USC 2120 

note. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4376 PUBLIC LAW 111–383—JAN. 7, 2011 

(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: 

(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 

10 USC 1030 

note prec. 

10 USC 113 note. 

10 USC 2663 

note. 

Effective date. 

8 USC 1157 note. 

50 USC 2301 

note. 

8 USC 1157 note. 

Effective date. 

10 USC 14310. 

41 USC 4106. 

10 USC 2304c. 

Effective date. 

10 USC 2533b 

and note. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4377 

and Operation Enduring Freedom’’ and inserting ‘‘Operation 

Enduring Freedom and Operation Iraqi Freedom’’. 

(4) Section 511(b)(3) (120 Stat. 2183) is amended in the 

matter preceding subparagraph (A) by striking ‘‘section’’ and 

inserting ‘‘title’’. 

(5) Section 705(b)(2) (120 Stat. 2281; 10 U.S.C. 1074g note) 

is amended by striking ‘‘section 1074g(a)(2)(E)’’ and inserting 

‘‘section 1074g(a)(2)’’. 

(6) Section 2821(b)(1) (120 Stat. 2474) is amended by 

inserting ‘‘by striking’’ after ‘‘subsection (a)(1),’’. 

(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2006.—Effective as of January 6, 2006, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163) is amended as follows: 

(1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 10101 note) 

is amended by striking ‘‘10 USC 10101 note.’’. 

(2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 2101 note) 

is amended by inserting ‘‘of’’ after ‘‘Committee on Armed Services’’ the first place it appears. 

(3) Section 1056(e)(2) (119 Stat. 3440) is amended by 

striking ‘‘Section’’ and inserting ‘‘Effective as of December 2, 

2002, and as if included in Public Law 107–314 as enacted, 

section’’. 

(4) Section 1057 (119 Stat. 3440) is amended— 

(A) in subsection (a)— 

(i) in paragraph (5), by striking ‘‘4778,’’; and 

(ii) in paragraph (6), by striking ‘‘4747’’ and 

inserting ‘‘2651’’; 

(B) in subsection (b)(3)— 

(i) by striking ‘‘109,’’; and 

(ii) by adding at the end the following new sentence: ‘‘Section 109 is amended by striking ‘State or 

Territory, Puerto Rico, the Virgin Islands, or the District of Columbia’ each place it appears and inserting 

‘State, the Commonwealth of Puerto Rico, the District 

of Columbia, Guam, or the Virgin Islands’ ’’; and 

(C) in subsection (b)(5)— 

(i) in the language to be struck from section 324 

of title 32, United States Code, by striking the comma 

after ‘‘Rico’’; and 

(ii) in the language to be inserted in section 324 

of title 32, United States Code, by inserting ‘‘of’’ after 

‘‘Virgin Islands,’’. 

(5) Section 1104 (119 Stat. 3448) is amended— 

(A) in subsection (a)(3)(A), by inserting ‘‘the first place 

it appears’’ before ‘‘and inserting’’; and 

(B) in subsection (c), by striking ‘‘subsection (c)(1)’’ 

and inserting ‘‘subsection (b)(2)’’. 

(6) Section 2806(c)(2)(A) (119 Stat. 3507) is amended in 

the matter to be struck from and inserted in section 2884(b)(1) 

of title 10, United States Code, by striking ‘‘a’’ both places 

it appears and inserting ‘‘A’’. 

(i) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2005.—The Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375) is 

amended as follows: 

10 USC 113 note. 

10 USC 2884. 

10 USC 2192 

note. 

32 USC 324. 

32 USC 109. 

10 USC 2651. 

10 USC 4778. 

Effective date. 

31 USC 3702. 

10 USC 2651 

note. 

Effective date. 

10 USC 2663. 

10 USC 14311. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4378 PUBLIC LAW 111–383—JAN. 7, 2011 

(1) Section 577(b)(12) (10 U.S.C. 113 note), as amended 

by section 563(e) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

122 Stat. 4471) is amended by striking ‘‘The Secretary shall 

implement’’ and inserting ‘‘Implementation of’’. 

(2) Section 1085 (118 Stat. 2065; 10 U.S.C. 113 note), 

as amended by section 360(c) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

122 Stat 78) is amended by striking ‘‘subsection (a)’’ and 

inserting ‘‘section 360(a) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 77)’’. 

(j) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2003.—Section 1032(a) of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (Public Law 107– 

314; 10 U.S.C. 2358 note) is amended by striking ‘‘thereafter,,’’ 

and inserting ‘‘thereafter,’’. 

(k) WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009.— 

Effective as of May 22, 2009, and as if included therein as enacted, 

section 205 of the Weapon Systems Acquisition Reform Act of 2009 

(Public Law 111–23; 123 Stat. 1724) is amended— 

(1) in subsection (a)(1)(B), by striking ‘‘paragraphs (1) and 

(2)’’ in the matter to be inserted and inserting ‘‘paragraphs 

(1), (2), and (3)’’; and 

(2) in subsection (c), by striking ‘‘2433a(c)(3)’’ and inserting 

‘‘2433a(c)(1)(C)’’. 

(l) TECHNICAL CORRECTION REGARDING SBIR EXTENSION.—Section 9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)), as 

added by section 847(a) of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2420), is 

amended by striking ‘‘is authorized’’ and inserting ‘‘are authorized’’. 

(m) TECHNICAL CORRECTION REGARDING SMALL SHIPYARDS AND

MARITIME COMMUNITIES ASSISTANCE PROGRAM.—Section 3506 of 

the National Defense Authorization Act for Fiscal Year 2006, as 

reinstated by the amendment made by section 1073(c)(14) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2475), is repealed. 

(n) TECHNICAL CORRECTION REGARDING DOT MARITIME HERITAGE PROPERTY.—Section 6(a)(1)(C) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(a)(1)(C)), as amended by section 

3509 of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84; 123 Stat. 2721), is amended by striking 

‘‘the date of enactment of the Maritime Administration Authorization Act of 2010’’ and inserting ‘‘October 28, 2009’’. 

(o) TECHNICAL CORRECTION OF CITATION.—Section 42 of the 

Office of Federal Procurement Policy Act (41 U.S.C. 438) is 

amended— 

(1) in subsection (c)(1) by striking ‘‘(41 U.S.C. 607(b))’’ 

and inserting ‘‘(41 U.S.C. 607(d))’’; and 

(2) in subsection (c)(2)(A) by inserting ‘‘of 1978’’ after ‘‘Contract Disputes Act’’. 

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

PILOTED AIRCRAFT. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

commission a study by an independent, non-profit organization 

Deadline. 

41 USC 7105. 

46 USC 53101 

note. 

10 USC 2433a 

note. 

10 USC 2366b 

note. 

Effective date. 


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on the optimal balance between manned and remotely piloted 

aircraft of the Armed Forces. 

(2) SELECTION.—The independent, non-profit organization 

selected for the study under paragraph (1) shall be qualified 

on the basis of having performed work in the fields of national 

security and combat systems. 

(b) MATTERS INCLUDED.—The study under subsection (a) shall 

include the following: 

(1) With respect to each military department, an assessment of the feasibility and desirability of a more rapid transition from manned to remotely piloted aircraft for a range of 

operations, including combat operations. 

(2) An evaluation of the current ability of each military 

department to resist attacks mounted by foreign militaries 

with significant investments in research and development and 

deployment of remotely piloted aircraft, including an assessment of each military department’s ability to defend against— 

(A) a large enemy force of remotely piloted aircraft; 

and 

(B) any other relevant scenario involving remotely 

piloted aircraft that the Secretary determines appropriate. 

(3) An analysis of— 

(A) current and future capabilities of foreign militaries 

in developing and deploying remotely piloted aircraft; and 

(B) identified vulnerabilities of United States weapons 

systems to foreign remotely piloted aircraft. 

(4) Conclusions on the matters described in paragraphs 

(1) through (3) and what the independent, non-profit organization conducting the study determines is the optimal balance 

of investment in development and deployment of manned versus 

remotely piloted aircraft. 

(c) REPORT.—Not later than December 1, 2011, the Secretary 

of Defense shall submit to the congressional defense committees, 

the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report that includes the 

study under subsection (a). 

(d) FORM.— 

(1) STUDY.—The study under subsection (a) shall include 

a classified annex with respect to the matters described in 

subsection (b)(3). 

(2) REPORT.—The report under subsection (c) may include 

a classified annex. 

(e) REMOTELY PILOTED AIRCRAFT DEFINED.—In this section, 

the term ‘‘remotely piloted aircraft’’ means any unmanned aircraft 

operated remotely, whether within or beyond line-of-sight, including 

unmanned aerial systems, unmanned aerial vehicles, remotely 

piloted vehicles, and remotely piloted aircraft. 

SEC. 1077. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO 

OPERATION IRAQI FREEDOM. 

Any law applicable to Operation Iraqi Freedom shall apply 

in the same manner and to the same extent to the successor 

contingency operation known as Operation New Dawn, except as 

specifically provided in this Act, any amendment made by this 

Act, or any other law enacted after the date of the enactment 

of this Act. 

Applicability. 

10 USC 113 note. 

Classified 

information. 


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124 STAT. 4380 PUBLIC LAW 111–383—JAN. 7, 2011 

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 nonlethal 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 nonlethal 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 nonlethal weapons and technologies in counterinsurgency operations. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) A description of the results of any demonstrations 

and assessments of non-lethal weapons conducted during 

fiscal year 2011. 

(B) A description of the Secretary’s plans for any demonstrations and assessments of non-lethal weapons to be 

conducted during fiscal years 2012 and 2013. 

(C) A description of the extent to which non-lethal 

weapons doctrine, training, and employment include the 

use of strategic communications strategies to enable the 

effective employment of non-lethal weapons. 

(D) A description of the input of the military departments in developing concepts of operations and tactics, 

techniques, and procedures for incorporating non-lethal 

weapons into the current escalation of force procedures 

of each department. 

(E) A description of the extent to which non-lethal 

weapons and technologies are integrated into the standard 

equipment and training of military units. 

SEC. 1079. SENSE OF CONGRESS ON STRATEGIC NUCLEAR FORCE 

REDUCTIONS. 

It is the sense of Congress that no action should be taken 

to implement the reduction of the strategic nuclear forces of the 

United States below the levels described in the Treaty between 

the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive 

Arms signed on April 8, 2010 (commonly known as the ‘‘New START 

President. 

Reports. 

Assessment. 

Certification. 

10 USC 2358 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4381 

Treaty’’), unless the President submits to the congressional defense 

committees a report on such reduction, including— 

(1) the justification for such reduction; 

(2) an assessment of the strategic environment, threat, 

and policy and the technical and operational implications of 

such reduction; and 

(3) written certification by the President that— 

(A) either— 

(i) the strategic environment or the assessment 

of the threat allows for such reduction; or 

(ii) technical measures to provide a commensurate 

or better level of safety, security, and reliability as 

before such reduction have been implemented for the 

remaining strategic nuclear forces of the United States; 

(B) the remaining strategic nuclear forces of the United 

States provide a sufficient means of protection against 

unforeseen technical challenges and geopolitical events; 

(C) such reduction is compensated by other measures 

(such as nuclear modernization, conventional forces, and 

missile defense) that together provide a commensurate or 

better deterrence capability and level of credibility as before 

such reduction; and 

(D) measures to modernize the nuclear weapons complex are being implemented (or have been implemented) 

to provide a sufficiently responsive infrastructure to support the remaining strategic nuclear forces of the United 

States. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. Clarification of authorities at personnel demonstration laboratories. 

Sec. 1102. Requirements for Department of Defense senior mentors. 

Sec. 1103. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1104. Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel for care and treatment 

of wounded and injured members of the Armed Forces. 

Sec. 1105. Rate of overtime pay for Department of the Navy employees performing 

work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan. 

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

(a) 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’’. 

10 USC 1580 

note prec. 


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124 STAT. 4382 PUBLIC LAW 111–383—JAN. 7, 2011 

(b) CLARIFICATION OF APPLICABILITY OF FULL IMPLEMENTATION

REQUIREMENT.—Section 1107 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 357; 

10 U.S.C. 2358 note) is amended— 

(1) in subsection (a), by striking ‘‘that are exempted by’’ 

and all that follows and inserting ‘‘designated by section 1105(a) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) 

as Department of Defense science and technology reinvention 

laboratories.’’; and 

(2) in subsection (c), by striking ‘‘as enumerated in’’ and 

all that follows and inserting ‘‘designated by section 1105(a) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2486) as a Department of Defense 

science and technology reinvention laboratory.’’. 

(c) CORRECTION TO SECTION REFERENCE.—Section 1121 of the 

National Defense Authorization Act for Fiscal Year 2010 (123 Stat. 

2505) is amended— 

(1) in subsection (a), by striking ‘‘Section 9902(h) of title 

5, United States Code’’ and inserting ‘‘Section 9902(g) of title 

5, United States Code, as redesignated by section 1113(b)(1)(B)’’; 

and 

(2) in subsection (b), by striking ‘‘section 9902(h) of such 

title 5’’ and inserting ‘‘such section’’. 

(d) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 

the amendments made by this section shall take effect as of October 

28, 2009. 

(2) The amendment made by subsection (a)(2) shall take effect 

as of the date of enactment of this Act. 

SEC. 1102. REQUIREMENTS FOR DEPARTMENT OF DEFENSE SENIOR 

MENTORS. 

(a) IN GENERAL.—The Secretary of Defense shall issue appropriate policies and procedures to ensure that all senior mentors 

employed by the Department of Defense are— 

(1) hired as highly qualified experts under section 9903 

of title 5, United States Code; and 

(2) required to comply with all applicable Federal laws 

and regulations on personnel and ethics matters. 

(b) SENIOR MENTOR DEFINED.—In this section, the term ‘‘senior 

mentor’’ means a retired flag, general, or other military officer 

or retired senior civilian official who provides expert experiencebased 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’’. 

Effective date. 

Policy. 

Procedures. 

5 USC 9903 note. 

5 USC 9902 note. 

5 USC 9902. 


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SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED DEPARTMENT OF DEFENSE APPOINTMENT AND COMPENSATION 

AUTHORITY FOR PERSONNEL FOR CARE AND TREATMENT 

OF WOUNDED AND INJURED MEMBERS OF THE ARMED 

FORCES. 

(a) DESIGNATION OF OCCUPATIONS COVERED BY RECRUITMENT

AND APPOINTMENT AUTHORITY.—Subsection (a)(2) of section 1599c 

of title 10, United States Code, is amended— 

(1) in subparagraph (A)— 

(A) in clause (i), by striking ‘‘shortage category positions’’ and inserting ‘‘a shortage category occupation or 

critical need occupation’’; and 

(B) in clause (ii), by striking ‘‘highly qualified persons 

directly’’ and inserting ‘‘qualified persons directly in the 

competitive service’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future 

Department of Defense workforce requirements.’’. 

(b) EXTENSION.—Subsection (c) of such section is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘under subsection (a)(1)’’ after ‘‘Secretary of Defense’’; and 

(B) by striking ‘‘September 30, 2012’’ and inserting 

‘‘December 31, 2015’’; and 

(2) in paragraph (2), by striking ‘‘September 30, 2012’’ 

and inserting ‘‘December 31, 2015’’. 

SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY 

EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE 

IN SUPPORT OF THE NUCLEAR AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN. 

(a) OVERTIME PAY AT TIME-AND-A-HALF RATE.—Section 5542(a) 

of title 5, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(6)(A) Notwithstanding paragraphs (1) and (2), for an 

employee of the Department of the Navy who is assigned to 

temporary duty to perform work aboard, or dockside in direct 

support of, the nuclear aircraft carrier that is forward deployed 

in Japan and who would be nonexempt under the Fair Labor 

Standards Act but for the application of the foreign area exemption in section 13(f) of that Act (29 U.S.C. 213(f)), the overtime 

hourly rate of pay is an amount equal to one and one-half 

times the hourly rate of basic pay of the employee, and all 

that amount is premium pay. 

‘‘(B) 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 

Expiration date. 


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124 STAT. 4384 PUBLIC LAW 111–383—JAN. 7, 2011 

of the authority helped the Navy in meeting its mission; 

and 

(B) provides a recommendation on whether an extension of the provisions of that paragraph is needed. 

(2) REPORT TO CONGRESS.—Not later than March 31, 2014, 

the Director of the Office of Personnel Management shall 

submit to the Committee on Armed Services and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Armed Services and the Committee 

on Oversight and Governmental Reform of the House of Representatives a report that— 

(A) addresses the use of paragraph (6) of section 

5542(a) of title 5, United States Code, as so added, 

including associated costs, and including an evaluation of 

the extent to which exercise of the authority helped the 

Navy in meeting its mission; 

(B) describes the extent to which other employees 

experience the same circumstances as were experienced 

by those described in that paragraph before its enactment; 

(C) provides an analysis of the advantages and disadvantages that would be anticipated from extending the 

expiration date of the authority under that paragraph, 

and from expanding the authority under that paragraph 

to include other employees; and 

(D) conveys the report of the Secretary of the Navy 

referred to in paragraph (1). 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Expansion of authority for support of special operations to combat terrorism. 

Sec. 1202. Addition of allied government agencies to enhanced logistics interoperability authority. Sec. 1203. Expansion of temporary authority to use acquisition and cross-servicing 

agreements to lend certain military equipment to certain foreign forces 

for personnel protection and survivability. Sec. 1204. Authority to pay personnel expenses in connection with African cooperation. 

Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior Counter 

Terrorism Forces. 

Sec. 1206. Air Force scholarships for Partnership for Peace nations to participate 

in the Euro-NATO Joint Jet Pilot Training program. Sec. 1207. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1212. One-year extension and modification of Commanders’ Emergency Response Program. Sec. 1213. Extension of authority for reimbursement of certain coalition nations for 

support provided to United States military operations. Sec. 1214. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Iraq and Afghanistan. Sec. 1215. No permanent military bases in Afghanistan. 

Sec. 1216. Authority to use funds for reintegration activities in Afghanistan. 

Sec. 1217. Authority to establish a program to develop and carry out infrastructure 

projects in Afghanistan. Sec. 1218. Extension of logistical support for coalition forces supporting operations 

in Iraq and Afghanistan. Sec. 1219. Recommendations on oversight of contractors engaged in activities relating to Afghanistan. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4385 

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 

Subtitle C—Reports and Other Matters 

Sec. 1231. One-year extension of report on progress toward security and stability 

in Afghanistan. 

Sec. 1232. Two-year extension of United States plan for sustaining the Afghanistan 

National Security Forces. 

Sec. 1233. Modification of report on responsible redeployment of United States 

Armed Forces from Iraq. 

Sec. 1234. Report on Department of Defense support for coalition operations. 

Sec. 1235. Reports on police training programs. 

Sec. 1236. Report on certain Iraqis affiliated with the United States. 

Sec. 1237. Report on Department of Defense’s plans to reform the export control 

system. 

Sec. 1238. Report on United States efforts to defend against threats posed by the 

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

Sec. 1239. Defense Science Board report on Department of Defense strategy to 

counter violent extremism outside the United States. 

Sec. 1240. Report on merits of an Incidents at Sea agreement between the United 

States, Iran, and certain other countries. 

Sec. 1241. Requirement to monitor and evaluate Department of Defense activities 

to counter violent extremism in Africa. 

Sec. 1242. NATO Special Operations Headquarters. 

Sec. 1243. National Military Strategy to Counter Iran and required briefings. 

Subtitle A—Assistance and Training 

SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL 

OPERATIONS TO COMBAT TERRORISM. 

Section 1208(a) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2086), as most recently amended by section 1202(a) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2511), is further amended by striking 

‘‘$40,000,000’’ and inserting ‘‘$45,000,000’’. 

SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO 

ENHANCED LOGISTICS INTEROPERABILITY AUTHORITY. 

(a) ENHANCED INTEROPERABILITY AUTHORITY.—Subsection (a) 

of section 127d of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 

(2) by inserting ‘‘of the United States’’ after ‘‘armed forces’’; 

(3) by striking the second sentence; and 

(4) by adding at the end the following new paragraphs: 

‘‘(2) In addition to any logistic support, supplies, and services 

provided under paragraph (1), the Secretary may provide logistic 

support, supplies, and services to allied forces solely for the purpose 

of enhancing the interoperability of the logistical support systems 

of military forces participating in combined operations with the 

United States in order to facilitate such operations. Such logistic 

support, supplies, and services may also be provided under this 

paragraph to a nonmilitary logistics, security, or similar agency 

of an allied government if such provision would directly benefit 

the armed forces of the United States. 

‘‘(3) Provision of support, supplies, and services pursuant to 

paragraph (1) or (2) may be made only with the concurrence of 

the Secretary of State.’’. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in subsection (b), by striking ‘‘subsection (a)’’ in paragraphs (1) and (2) and inserting ‘‘subsection (a)(1)’’; and 


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124 STAT. 4386 PUBLIC LAW 111–383—JAN. 7, 2011 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘Except as provided in paragraph 

(2), the’’ and inserting ‘‘The’’; and 

(ii) by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; and 

(B) in paragraph (2), by striking ‘‘In addition’’ and 

all that follows through ‘‘fiscal year,’’ and inserting ‘‘The 

value of the logistic support, supplies, and services provided 

under subsection (a)(2) in any fiscal year may not’’. 

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

FORCES FOR PERSONNEL PROTECTION AND SURVIVABILITY. 

(a) EXPANSION FOR TRAINING FOR DEPLOYMENT.—Paragraph 

(3) of section 1202(a) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2412), as most recently amended by section 1252(a) of the 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–181; 122 Stat. 402), is further amended— 

(1) by striking ‘‘only in Iraq or Afghanistan, or in a peacekeeping operation described in paragraph (1), as applicable, 

and’’; and 

(2) by striking ‘‘those forces.’’ and inserting ‘‘those forces 

and only— 

‘‘(A) in Iraq or Afghanistan; 

‘‘(B) in a peacekeeping operation described in paragraph (1); or 

‘‘(C) in connection with the training of those forces 

to be deployed to Iraq, Afghanistan, or a peacekeeping 

operation described in paragraph (1) for such deployment.’’. 

(b) NOTICE AND WAIT ON EXERCISE OF ADDITIONAL

AUTHORITY.—Such section is further amended by adding at the 

end the following new paragraph: 

‘‘(5) NOTICE AND WAIT ON PROVISION OF EQUIPMENT FOR

CERTAIN PURPOSES.—Equipment may not be provided under 

paragraph (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.’’. 

Deadline. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 53 of such title is amended by inserting after 

the item relating to section 1050 the following new item: 

‘‘1050a. African cooperation: payment of personnel expenses.’’. 

SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY 

OF INTERIOR COUNTER TERRORISM FORCES. 

(a) AUTHORITY.—The Secretary of Defense may, with the 

concurrence of the Secretary of State, provide assistance during 

fiscal year 2011 to enhance the ability of the Yemen Ministry 

of Interior Counter Terrorism Forces to conduct counterterrorism 

operations against al Qaeda in the Arabian Peninsula and its affiliates. 

(b) TYPES OF ASSISTANCE.— 

(1) AUTHORIZED ELEMENTS.—Assistance under subsection 

(a) may include the provision of equipment, supplies, and 

training. 

(2) REQUIRED ELEMENTS.—Assistance under subsection (a) 

shall be provided in a manner that promotes— 

(A) observance of and respect for human rights and 

fundamental freedoms; and 

(B) respect for legitimate civilian authority in Yemen. 

(3) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection 

(a) to provide any type of assistance described in this subsection 

that is otherwise prohibited by any provision of law. 

(c) FUNDING.—Of the amount authorized to be appropriated 

by section 301 for operation and maintenance for fiscal year 2011, 

$75,000,000 may be utilized to provide assistance under subsection 

(a). 

(d) NOTICE TO CONGRESS.— 

(1) IN GENERAL.—Not less than 15 days before providing 

assistance under subsection (a), the Secretary of Defense shall 

submit to the committees of Congress specified in paragraph 

(2) a notice setting forth the assistance to be provided, including 

the types of such assistance, the budget for such assistance, 

and the completion date for the provision of such assistance. 

(2) COMMITTEES OF CONGRESS.—The committees of Congress specified in this paragraph are— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

SEC. 1206. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE 

NATIONS TO PARTICIPATE IN THE EURO-NATO JOINT JET 

PILOT TRAINING PROGRAM. 

(a) ESTABLISHMENT OF SCHOLARSHIP PROGRAM.—The Secretary 

of the Air Force may establish and maintain a demonstration scholarship program to allow personnel of the air forces of countries 

that are signatories of the Partnership for Peace Framework Document to receive undergraduate pilot training and necessary related 

training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) 

program. The Secretary of the Air Force shall establish the program Regulations. 

10 USC 1051 

note. 

Deadline. 


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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 

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. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4389 

(g) DURATION.—No scholarship may be awarded under the 

scholarship program after September 30, 2012. 

(h) FUNDING SOURCE.—Amounts to award scholarships under 

the scholarship program shall be derived from amounts authorized 

to be appropriated for operation and maintenance for the Air Force. 

SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITIES 

RELATING TO PROGRAM TO BUILD THE CAPACITY OF 

FOREIGN MILITARY FORCES. 

(a) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY

TO PARTICIPATE IN OR SUPPORT MILITARY AND STABILITY OPER- ATIONS.— 

(1) IN GENERAL.—Subsection (c)(5) of section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456), as added by section 1206(a) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2514), is further amended— 

(A) by striking ‘‘and not more than’’ and inserting 

‘‘not more than’’; and 

(B) by inserting after ‘‘fiscal year 2011’’ the following: ‘‘, and not more than $100,000,000 may be used during 

fiscal year 2012’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on the date of the enactment of this Act 

and shall apply with respect to programs under subsection 

(a) of such section that begin on or after that date. 

(b) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of such 

section, as most recently amended by section 1206(c) of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4625), is further amended by— 

(1) by striking ‘‘September 30, 2011’’ and inserting ‘‘September 30, 2012’’; and 

(2) by striking ‘‘fiscal years 2006 through 2011’’ and 

inserting ‘‘fiscal years 2006 through 2012’’. 

Subtitle B—Matters Relating to Iraq, 

Afghanistan, and Pakistan 

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

PURPOSES RELATING TO IRAQ. 

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose 

as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control of the oil resources 

of Iraq. 

SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) ONE-YEAR EXTENSION OF CERP AUTHORITY.—Subsection (a) 

of section 1202 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3455), as most recently 

amended by section 1222 of the National Defense Authorization 

Applicability. 


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124 STAT. 4390 PUBLIC LAW 111–383—JAN. 7, 2011 

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 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’’. 

Deadline. 

Electronic 

submission. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4391 

(d) DEFINITION.—Subsection (i) of such section, as redesignated 

by subsection (c)(1) of this section, is amended by striking ‘‘means 

the program’’ and all that follows and inserting ‘‘means the program 

that— 

‘‘(1) authorizes United States military commanders to carry 

out small-scale projects designed to meet urgent humanitarian 

relief requirements or urgent reconstruction requirements 

within their areas of responsibility; and 

‘‘(2) provides an immediate and direct benefit to the people 

of Iraq or Afghanistan.’’. 

SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO 

UNITED STATES MILITARY OPERATIONS. 

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1233 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 393), as amended by section 1223 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2519), is further amended by striking 

‘‘section 1509(5) of the National Defense Authorization Act for Fiscal 

Year 2010’’ and inserting ‘‘section 1510 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011’’. 

(b) LIMITATION ON AMOUNT.—Subsection (d)(1) of such section, 

as so amended, is further amended in the second sentence by 

inserting ‘‘or 2011’’ after ‘‘fiscal year 2010’’. 

(c) EXCEPTION FROM NOTICE TO CONGRESS REQUIREMENTS.— 

Subsection (e) of such section, as so amended, is further amended— 

(1) by striking ‘‘(e) NOTICE TO CONGRESS.—The Secretary 

of Defense’’ and inserting the following: 

‘‘(e) NOTICE TO CONGRESS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the Secretary of Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) EXCEPTION.—The requirement to provide notice under 

paragraph (1) shall not apply with respect to a reimbursement 

for access based on an international agreement.’’. 

(d) EXTENSION OF NOTICE REQUIREMENT RELATING TO

REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the National Defense Authorization 

Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended 

by section 1223 of the National Defense Authorization Act for 

Fiscal Year 2010, is further amended by striking ‘‘September 30, 

2011’’ and inserting ‘‘September 30, 2012’’. 

SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN. 

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 1234 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2532) is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘December 31, 2011’’. 

(b) QUARTERLY REPORTS.—Subsection (f)(1) of such section is 

amended by striking ‘‘during fiscal year 2010’’ and inserting 

‘‘through March 31, 2012’’. 


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124 STAT. 4392 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANISTAN. 

None of the funds authorized to be appropriated by this Act 

may be obligated or expended by the United States Government 

to establish any military installation or base for the purpose of 

providing for the permanent stationing of United States Armed 

Forces in Afghanistan. 

SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN. 

(a) AUTHORITY.—The Secretary of Defense, with the concurrence 

of the Secretary of State, may utilize not more than $50,000,000 

from funds made available to the Department of Defense for operation and maintenance for fiscal year 2011 to support the reintegration into Afghan society of those individuals who pledge— 

(1) to cease all support for the insurgency in Afghanistan; 

(2) to live in accordance with the Constitution of Afghanistan; 

(3) to cease violence against the Government of Afghanistan 

and its international partners; and 

(4) that they do not have material ties to al Qaeda or 

affiliated transnational terrorist organizations. 

(b) SUBMISSION OF GUIDANCE.— 

(1) INITIAL SUBMISSION.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a copy 

of the guidance issued by the Secretary or the Secretary’s 

designee concerning the allocation of funds utilizing the 

authority of subsection (a). Such guidance shall include— 

(A) mechanisms for coordination with the Government 

of Afghanistan and other United States Government 

departments and agencies as appropriate; and 

(B) mechanisms to track rates of recidivism among 

individuals described in subsection (a). 

(2) MODIFICATIONS.—If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary of 

Defense shall submit to the congressional defense committees 

a copy of the modification not later than 15 days after the 

date on which such modification is made. 

(c) REPORTS.—Not later than 180 days after the date of the 

enactment of this Act, and every 180 days thereafter, the Secretary 

of Defense shall submit to the appropriate congressional committees 

a report on activities carried out utilizing the authority of subsection 

(a). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Affairs of the House of 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. 

Deadlines. 


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SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND 

CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN. 

(a) AUTHORITY.—The Secretary of Defense and the Secretary 

of State are authorized to establish a program to develop and 

carry out infrastructure projects in Afghanistan in accordance with 

the requirements of this section. 

(b) FORMULATION AND EXECUTION OF PROGRAM.— (1) IN GENERAL.—The Secretary of State and the Secretary 

of Defense shall jointly develop any project under the program 

authorized under subsection (a). Except as provided in paragraph (2), the Secretary of State, in coordination with the 

Secretary of Defense, shall implement any project under the 

program authorized under subsection (a). 

(2) EXCEPTION.—The Secretary of Defense shall implement 

a project under the program authorized under subsection (a) 

if the Secretary of Defense and the Secretary of State jointly 

determine that the Secretary of Defense should implement 

the project. 

(c) TYPES OF PROJECTS.—Infrastructure projects under the program authorized under subsection (a) may include— 

(1) water, power, and transportation projects; and 

(2) other projects in support of the counterinsurgency 

strategy in Afghanistan. 

(d) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The 

authority to establish the program and develop and carry out infrastructure projects under subsection (a) is in addition to any other 

authority to provide assistance to foreign countries. 

(e) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.— 

(1) IN GENERAL.—The administrative provisions of chapter 

2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 

2381 et seq.) shall apply to funds made available to the Secretary of State for purposes of carrying out infrastructure 

projects under the program authorized under subsection (a) 

to the same extent and in the same manner as such administrative provisions apply to funds made available to carry out 

part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 

et seq.). 

(2) GIFTS, ETC.—The Secretary of Defense and the Secretary 

of State may accept and use in furtherance of the purposes 

of this section, money, funds, property, and services of any 

kind made available by gift, devise, bequest, grant, or otherwise 

for such purposes. 

(f) FUNDING.— 

(1) IN GENERAL.—The Secretary of Defense may use up 

to $400,000,000 of funds made 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— 

Deadline. 

Determination. 

22 USC 7513 

note. 


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(1) a plan for the sustainment of the project; and 

(2) a description of how the project supports the counterinsurgency strategy in Afghanistan. 

(h) RETURN OF UNEXPENDED FUNDS.— (1) IN GENERAL.—Any unexpended funds transferred to 

the Secretary of State for the purpose of implementing a project 

under the program authorized under subsection (a) shall be 

returned to the Secretary of Defense if the Secretary of State, 

in coordination with the Secretary of Defense, determines that 

the project cannot be implemented for any reason or that the 

project no longer supports the counterinsurgency strategy in 

Afghanistan. 

(2) AVAILABILITY.—Any funds returned to the Secretary 

of Defense under this subsection shall be available for use 

under this section and shall be treated in the same manner 

as funds not transferred to the Secretary of State. 

(i) REPORTS.— (1) REPORT REQUIRED.—Not later than 30 days after the 

end of each fiscal year in which funds are obligated, expended, 

or transferred under the program authorized under subsection 

(a), the Secretary of Defense, in coordination with the Secretary 

of State, shall submit to the appropriate congressional committees a report regarding implementation of the program during 

such fiscal year. 

(2) MATTERS TO BE INCLUDED.—The report required under 

paragraph (1) shall include the following: 

(A) The allocation and use of funds under the program 

during the fiscal year. 

(B) A description of each project for which funds were 

expended or transferred during the fiscal year. 

(j) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate. 

SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COALITION 

FORCES SUPPORTING OPERATIONS IN IRAQ AND 

AFGHANISTAN. 

Section 1234 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394) is amended 

by striking ‘‘fiscal year 2008’’ each place it appears and inserting 

‘‘fiscal year 2011’’. 

SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS 

ENGAGED IN ACTIVITIES RELATING TO AFGHANISTAN. 

(a) RECOMMENDATIONS REQUIRED.—Not later than 90 days after 

the date of the enactment of this Act, the Special Inspector General 

for Afghanistan Reconstruction shall, in consultation with the 

Inspector General of the Department of Defense, the Inspector 

General of the United States Agency for International Development, 

and the Inspector General of the Department of State— 

(1) issue recommendations on measures to increase oversight of contractors engaged in activities relating to Afghanistan; 

Deadline. 

Determination. 


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(2) report on the status of efforts of the Department of 

Defense, the United States Agency for International Development, and the Department of State to implement existing recommendations regarding oversight of such contractors; and 

(3) report on the extent to which military and security 

contractors or subcontractors engaged in activities relating to 

Afghanistan have been responsible for the deaths of Afghan 

civilians. 

(b) ELEMENTS OF RECOMMENDATIONS.—The recommendations 

issued under subsection (a)(1) shall include recommendations for 

reducing the reliance of the United States on— 

(1) military and security contractors or subcontractors 

engaged in activities relating to Afghanistan that have been 

responsible for the deaths of Afghan civilians; and 

(2) Afghan militias or other armed groups that are not 

part of the Afghan National Security Forces. 

SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY FUND. 

(a) EXTENSION.—Subsection (h) of section 1224 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2521) is amended by striking ‘‘September 30, 2010’’ 

both places it appears and inserting ‘‘September 30, 2011’’. 

(b) REQUIRED ELEMENTS OF ASSISTANCE.—Subsection (b) of such 

section is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) REQUIRED ELEMENTS OF ASSISTANCE.—Assistance provided to the security forces of Pakistan under this section 

in a fiscal year after fiscal year 2010 shall be provided in 

a manner that promotes— 

‘‘(A) observance of and respect for human rights and 

fundamental freedoms; and 

‘‘(B) respect for legitimate civilian authority within 

Pakistan.’’. 

Subtitle C—Reports and Other Matters 

SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD 

SECURITY AND STABILITY IN AFGHANISTAN. 

Section 1230(a) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385), as amended 

by section 1236 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–81; 123 Stat. 2535), is further 

amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL SECURITY 

FORCES. 

Section 1231(a) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 390) is amended 

by striking ‘‘2010’’ and inserting ‘‘2012’’. 


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SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ. 

(a) REPORT REQUIRED.—Subsection (a) of section 1227 of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2525; 50 U.S.C. 1541 note) is amended— 

(1) by striking ‘‘December 31, 2009’’ and inserting 

‘‘December 31, 2010’’; and 

(2) by striking ‘‘90 days thereafter’’ and inserting ‘‘180 

days thereafter’’. 

(b) ELEMENTS.—Subsection (b) of such section is amended— 

(1) in paragraph (5), by striking ‘‘Multi-National Force– 

Iraq’’ each place it occurs and inserting ‘‘United States Forces– 

Iraq’’; and 

(2) by adding at the end the following: 

‘‘(6) An assessment of progress to transfer responsibility 

of programs, projects, and activities carried out in Iraq by 

the Department of Defense to other United States Government 

departments and agencies, international or nongovernmental 

entities, or the Government of Iraq. The assessment should 

include a description of the numbers and categories of programs, projects, and activities for which such other entities 

have taken responsibility or which have been discontinued by 

the Department of Defense. The assessment should also include 

a discussion of any difficulties or barriers in transitioning such 

programs, projects, and activities and what, if any, solutions 

have been developed to address such difficulties or barriers. 

‘‘(7) An assessment of progress toward the goal of building 

the minimum essential capabilities of the Ministry of Defense 

and the Ministry of the Interior of Iraq, including a description 

of— 

‘‘(A) such capabilities both extant and remaining to 

be developed; 

‘‘(B) major equipment necessary to achieve such 

capabilities; 

‘‘(C) the level and type of support provided by the 

United States to address shortfalls in such capabilities; 

and 

‘‘(D) the level of commitment, both financial and political, made by the Government of Iraq to develop such 

capabilities, including a discussion of resources used by 

the Government of Iraq to develop capabilities that the 

Secretary determines are not minimum essential capabilities for purposes of this paragraph. 

‘‘(8) A listing and assessment of the anticipated level and 

type of support to be provided by United States special operations forces to the Government of Iraq and Iraqi special operations forces during the redeployment of United States conventional forces from Iraq. The assessment should include a listing 

of anticipated critical support from general purpose forces 

required by United States special operations forces and Iraqi 

special operations forces. The assessment should also include 

combat support, including rotary aircraft and intelligence, 

surveillance, and reconnaissance assets, combat service support, 

and contractor support needed through December 31, 2011.’’. 

(c) SECRETARY OF STATE COMMENTS.—Such section is further 

amended by striking subsection (c) and inserting the following: 


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‘‘(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, 

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— 

10 USC 113 note. 


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(A) a description of the contribution of such country 

to coalition operations in Operation Enduring Freedom or 

Operating Iraqi Freedom; and 

(B) an assessment of the extent to which coalition 

support provided by the United States enhanced the ability 

of such country to participate in coalition operations in 

Operation Enduring Freedom or Operating Iraqi Freedom. 

(6) A description of the actions taken by the Department 

Defense to eliminate duplication and overlap in coalition support provided under the coalition support authorities of the 

Department of Defense. 

(7) An assessment by the Secretary of Defense whether 

there is an ongoing need for each coalition support authority 

of the Department of Defense, and an estimate of the anticipated future demand for coalition support under such coalition 

support authorities. 

(c) COALITION SUPPORT AUTHORITIES OF THE DEPARTMENT OF

DEFENSE DEFINED.—In this section, the term ‘‘coalition support 

authorities of the Department of Defense’’ means the following: 

(1) Coalition Support Funds, including the authority to 

provide specialized training and loan specialized equipment 

under the Coalition Support Fund (commonly referred to as 

the ‘‘Coalition Readiness Support Program’’). 

(2) Lift and sustain authority under appropriations Acts 

or under section 1234 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394). 

(3) Global lift and sustain authority under section 127c 

of title 10, United States Code. 

(4) The authority to provide logistic support, supplies, and 

services to allied forces participating in combined operations 

under section 127d of title 10, United States Code. 

(5) The temporary authority to lend significant military 

equipment under acquisition and cross-servicing agreements 

pursuant to section 1202 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364). 

(6) The authority under section 1206 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 

109–163) to provide assistance to build the capacity of foreign 

nations to support military or stability operations in which 

the United States Armed Forces are a participant. 

(7) Any other authority that the Secretary of Defense designates as a coalition support authority of the Department 

of Defense for purposes of the report required by subsection 

(a). 

SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS. 

(a) DOD INSPECTOR GENERAL REPORT ON AFGHAN NATIONAL

POLICE TRAINING PROGRAM.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Inspector General of 

the Department of Defense shall, in consultation with the 

Inspector General of the Department of State, submit to the 

appropriate committees of Congress a report on the Afghan 

National Police training program. 

(2) REVIEW.—In preparing the report required by paragraph 

(1), the Inspector General of the Department of Defense shall 


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conduct a review of the Afghan National Police training program that focuses on developments since the Inspector General 

of the Department of Defense and the Inspector General of 

the Department of State released the report entitled ‘‘Department of Defense Obligations and Expenditures of Funds Provided to the Department of State for the Training and Mentoring of the Afghan National Police’’ (DODIG Report No. D– 

2010–042, DOSIG Report No. MERO–A–10–06, February 9, 

2010). 

(3) ELEMENTS OF REPORT.—The report required by paragraph (1) shall include the following: 

(A) A description of the components, planning, and 

scope of the Afghan National Police training program since 

the United States assumed control of the program in 2003. 

(B) A description of the cost to the United States 

of the Afghan National Police training program, including 

the source and amount of funding, and a description of 

the allocation of responsibility between the Department 

of Defense and the Department of State for funding the 

program. 

(C) A description of the allocation of responsibility 

between the Department of Defense and the Department 

of State for the oversight and execution of the program. 

(D) A description of the personnel and staffing requirements for overseeing and executing the program, both in 

the United States and in theater, including United States 

civilian government and military personnel, contractor personnel, and nongovernmental personnel, and non-United 

States civilian and military personnel, contractor personnel, 

and nongovernmental personnel. 

(E) An assessment of the cost, performance metrics, 

and planning associated with the transfer of administration 

of the contract for the Afghan National Police training 

program from the Department of State to the Department 

of Defense. 

(b) GAO REPORT ON USE OF GOVERNMENT PERSONNEL RATHER

THAN CONTRACTORS FOR TRAINING AFGHAN NATIONAL POLICE.— 

(1) REPORT.—Not later than 1 year after the date of the 

enactment of this Act, the Comptroller General of the United 

States shall submit to the appropriate committees of Congress 

a report on the use of United States Government personnel 

rather than contractors for the training of the Afghan National 

Police. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) A description of the roles and responsibilities of 

contractors and United States Government personnel in 

the Afghan National Police training program and a description of how the division of roles and responsibilities between 

such contractors and personnel has been determined. 

(B) An assessment of the relative advantages and disadvantages of using contractors or United States Government personnel in the Afghan National Police training 

program, including an assessment of— 

(i) the shortfalls and inefficiencies, if any, in contractor performance in the program; and 


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(ii) options for leveraging United States Government resources and capacity to address the shortfalls 

and inefficiencies described in clause (i) and to better 

address current and future needs under the program. 

(C) An assessment of the factors, such as oversight, 

cost considerations, performance, policy, and other factors, 

that would be impacted by transferring responsibilities for 

the performance of the Afghan National Police training 

program from contractors to United States Government 

personnel. 

(D) A review of the lessons learned from the execution 

and oversight of the police training program in Iraq, and 

any other relevant police training programs led by the 

Department of Defense, regarding the relative advantages 

and disadvantages of using United States Government personnel or contractors to carry out police training programs 

for foreign nations. 

(c) REPORT ON GOVERNMENT POLICE TRAINING AND EQUIPPING

PROGRAMS.— 

(1) REPORT.—Not later than 1 year after the date of the 

enactment of this Act, the President shall submit to the appropriate committees of Congress a report on United States 

Government police training and equipping programs outside 

the United States. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) A list of all United States Government departments 

and agencies involved in implementing police training and 

equipping programs. 

(B) A description of the scope, size, and components 

of all police training and equipping programs for fiscal 

years 2010 and 2011, to include for each such program— 

(i) the name of each country that received assistance under the program; 

(ii) the types of recipient nation units receiving 

such assistance, including national police, gendarmerie, 

counternarcotics police, counterterrorism police, 

Formed Police Units, border security, and customs; 

(iii) the purpose and objectives of the program; 

(iv) the funding and personnel levels for the program in each such fiscal year; 

(v) the authority under which the program is conducted; 

(vi) the name of the United States Government 

department or agency with lead responsibility for the 

program and the mechanisms for oversight of the program; 

(vii) the extent to which the program is implemented by contractors or United States Government 

personnel; and 

(viii) the metrics for measuring the results of the 

program. 

(C) An assessment of the requirements for police 

training and equipping programs, and what changes, if 

any, are required to improve the capacity of the United 

States Government to meet such requirements. 

President. 


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(D) An evaluation of the appropriate role of United 

States Government departments and agencies in coordinating on and carrying out police training and equipping 

programs. 

(E) An evaluation of the appropriate role of contractors 

in carrying out police training and equipping programs, 

and what modifications, if any, are needed to improve 

oversight of such contractors. 

(F) Recommendations for legislative modifications, if 

any, to existing authorities relating to police training and 

equipping programs. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Armed Services, Foreign Relations, 

Homeland Security and Governmental Affairs, and Appropriations of the Senate; and 

(2) the Committees on Armed Services, Foreign Affairs, 

Oversight and Government Reform, and Appropriations of the 

House of Representatives. 

SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED 

STATES. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense, in consultation 

with the Secretary of State, the Attorney General, the Secretary 

of Homeland Security, the Administrator of the United States 

Agency for International Development, and the heads of other 

appropriate Federal agencies (as determined by the Secretary of 

Defense), shall submit to the Congress a report containing the 

information described in subsection (b). In preparing such report, 

the Secretary of Defense shall use available information from 

organizations and entities closely associated with the United States 

mission in Iraq that have received United States Government 

funding through an official and documented contract, award, grant, 

or cooperative agreement. 

(b) INFORMATION.—The information described in this subsection 

is the following: 

(1) The number of Iraqis who were or are employed by 

the United States Government in Iraq or who are or were 

employed in Iraq by an organization or entity closely associated 

with the United States mission in Iraq that has received United 

States Government funding through an official and documented 

contract, award, grant, or cooperative agreement. 

(2) The number of Iraqis who have applied— 

(A) for resettlement in the United States as a refugee 

under section 1243 of the Refugee Crisis in Iraq Act of 

2007 (subtitle C of title XII of division A of Public Law 

110–181; 122 Stat. 395 et seq.); 

(B) to enter the United States as a special immigrant 

under section 1244 of such Act; or 

(C) to enter the United States as a special immigrant 

under section 1059 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 

1101 note). 

(3) The status of each application described in paragraph 

(2). 


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(4) The estimated number of individuals described in paragraph (1) who have been injured or killed in Iraq. 

(c) EXPEDITED PROCESSING.—The Secretary of Defense, the Secretary of State, and the Secretary of Homeland Security shall 

develop a plan using the report submitted under subsection (a) 

to expedite the processing of the applications described in subsection 

(b)(2) in the case of Iraqis at risk as the United States withdraws 

from Iraq. 

SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE’S PLANS TO 

REFORM THE EXPORT CONTROL SYSTEM. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the appropriate congressional committees a report on the Department of Defense’s plans to implement the reforms to the United 

States export control system recommended by the interagency task 

force established at the direction of the President on August 13, 

2009. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include an assessment of the extent to which 

the plans to reform the export control system will— 

(1) impact the Defense Technology Security Administration 

of the Department of Defense; 

(2) affect the role of the Department of Defense with respect 

to export control policy; and 

(3) ensure greater protection and monitoring of militarily 

critical technologies. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Banking, Housing, and Urban Affairs, and the Committee on 

Foreign Relations of the Senate. 

SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST 

THREATS POSED BY THE ANTI-ACCESS AND AREA-DENIAL 

CAPABILITIES OF CERTAIN NATION-STATES. 

(a) FINDING.—Congress finds that the 2010 report on the 

Department of Defense Quadrennial Defense Review concludes that 

‘‘[a]nti-access strategies seek to deny outside countries the ability 

to project power into a region, thereby allowing aggression or other 

destabilizing actions to be conducted by the anti-access power. 

Without dominant capabilities to project power, the integrity of 

United States alliances and security partnerships could be called 

into question, reducing United States security and influence and 

increasing the possibility of conflict’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that, 

in light of the finding in subsection (a), the Secretary of Defense 

should ensure that the United States has the appropriate authorities, capabilities, and force structure to defend against any potential 

future threats posed by the anti-access and area-denial capabilities 

of potentially hostile foreign countries. 

(c) REPORT.—Not later than April 1, 2011, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report on United 

States efforts to defend against any potential future threats posed 

Plan. 


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by the anti-access and area-denial capabilities of potentially hostile 

nation-states. 

(d) ELEMENTS.—The report required under subsection (c) shall 

include the following: 

(1) An assessment of any potential future threats posed 

by the anti-access and area-denial capabilities of potentially 

hostile foreign countries, including an identification of the foreign countries with such capabilities, the nature of such 

capabilities, and the possible advances in such capabilities over 

the next 10 years. 

(2) A description of any efforts by the Department of 

Defense to address the potential future threats posed by the 

anti-access and area-denial capabilities of potentially hostile 

foreign countries. 

(3) A description of the authorities, capabilities, and force 

structure that the United States may require over the next 

10 years to address the threats posed by the anti-access and 

area-denial capabilities of potentially hostile foreign countries. 

(e) FORM.—The report required under subsection (c) shall be 

submitted in unclassified form, but may contain a classified annex 

if necessary. 

(f) DEFINITIONS.—In this section— 

(1) the term ‘‘anti-access’’, with respect to capabilities, 

means any action that has the effect of slowing the deployment 

of friendly forces into a theater, preventing such forces from 

operating from certain locations within that theater, or causing 

such forces to operate from distances farther from the locus 

of conflict than such forces would normally prefer; and 

(2) the term ‘‘area-denial’’, with respect to capabilities, 

means operations aimed to prevent freedom of action of friendly 

forces in the more narrow confines of the area under a potentially hostile nation-state’s direct control, including actions by 

an adversary in the air, on land, and on and under the sea 

to contest and prevent joint operations within a defended 

battlespace. 

SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPARTMENT OF 

DEFENSE STRATEGY TO COUNTER VIOLENT EXTREMISM 

OUTSIDE THE UNITED STATES. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Defense Science Board shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the strategy of the Department of Defense to counter violent extremism outside the United 

States. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include, at a minimum, the following: 

(1) A review of the current strategy, research activities, 

resource allocations, and organizational structure of the Department of Defense for countering violent extremism outside the 

United States. 

(2) A review of interagency coordination and decisionmaking processes for executing and overseeing strategies and 

programs for countering violent extremism outside the United 

States. 


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(3) An analysis of alternatives and options available to 

the Department of Defense to counter violent extremism outside 

the United States. 

(4) An analysis of legal, policy, and strategy issues involving 

efforts to counter violent extremism outside the United States 

as such efforts potentially affect domestic efforts to interrupt 

radicalization efforts within the United States. 

(5) An analysis of the current information campaign of 

the Department of Defense against violent extremists outside 

the United States. 

(6) Such recommendations for further action to address 

the matters covered by the report as the Defense Science Board 

considers appropriate. 

(7) Such other matters as the Defense Science Board determines relevant. 

SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA AGREEMENT 

BETWEEN THE UNITED STATES, IRAN, AND CERTAIN 

OTHER COUNTRIES. 

(a) REPORT REQUIRED.—Not later than 1 year after the date 

of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate 

congressional committees a report assessing the relative merits 

of a multilateral or bilateral Incidents at Sea military-to-military 

agreement between the United States, the Government of Iran, 

and other countries operating in the Persian Gulf aimed at preventing accidental naval conflict in the Persian Gulf and the Strait 

of Hormuz. 

(b) MATTERS TO BE INCLUDED.—Such assessment should consider and evaluate the current maritime security situation in the 

Persian Gulf and the effect that such an agreement might have 

on military and other maritime activities in the region, as well 

as other United States regional strategic interests. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT 

OF DEFENSE ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN AFRICA. 

(a) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of State, shall monitor and evaluate the impact 

of United States Africa Command (USAFRICOM) Combined Joint 

Task Force-Horn of Africa’s (CJTF–HOA) activities to counter violent extremism in Africa, including civil affairs, psychological operations, humanitarian assistance, and operations to strengthen the 

capacity of partner nations. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the appropriate congressional committees a report on the following: 

(1) An evaluation of the impact of CJTF–HOA’s activities 

described in subsection (a) to advance United States security 

objectives in the Horn of Africa, including the extent to which 

CJTF–HOA’s activities— 


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(A) disrupt or deny terrorist networks; 

(B) combat violent extremist ideology; 

(C) are aligned with USAFRICOM’s mission; and 

(D) complement programs conducted by the United 

States Agency for International Development. 

(2) USAFRICOM’s efforts to monitor and evaluate the 

impact of CJTF–HOA’s activities described in subsection (a), 

including— 

(A) the means by which CJTF–HOA follows up on 

such activities to evaluate the effectiveness of such activities; 

(B) USAFRICOM’s specific assessments of CJTF– 

HOA’s activities; and 

(C) a description of plans by the Secretary of Defense 

to make permanent CJTF–HOA’s presence in Djibouti. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS. 

(a) IN GENERAL.—Section 1244 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2541) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘fiscal year 2010’’ and inserting ‘‘fiscal 

year 2011’’; 

(B) by striking ‘‘pursuant to section 301(1)’’; and 

(C) by striking ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’; 

(2) in subsection (b)— 

(A) by striking ‘‘NATO Special Operations Coordination 

Center’’ and inserting ‘‘NATO Special Operations Headquarters’’; and 

(B) by striking ‘‘NSCC’’ and inserting ‘‘NSHQ’’; and 

(3) in subsection (c), by striking ‘‘NSCC’’ each place it 

appears and inserting ‘‘NSHQ’’. 

(b) CONFORMING AMENDMENT.—The heading of such section 

is amended by striking ‘‘NATO SPECIAL OPERATIONS COORDINATION

CENTER’’ and inserting ‘‘NATO SPECIAL OPERATIONS HEAD- QUARTERS’’. 

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; 


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(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 PRO- GRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 

specified in section 1501 of the National Defense Authorization 

Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2011 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2011 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for 

Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for 

fiscal years 2011, 2012, and 2013. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $522,512,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2011 in section 301(20) for Cooperative Threat Reduction 

programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$66,732,000. 

(2) For strategic nuclear arms elimination in Ukraine, 

$6,800,000. 

(3) For nuclear weapons storage security in Russia, 

$9,614,000. 

(4) For nuclear weapons transportation security in Russia, 

$45,000,000. 

Deadline. 


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(5) For weapons of mass destruction proliferation preven- tion in the states of the former Soviet Union, $79,821,000. 

(6) For biological threat reduction in the former Soviet Union, $209,034,000. 

(7) For chemical weapons destruction, $3,000,000. 

(8) For defense and military contacts, $5,000,000. 

(9) For Global Nuclear Lockdown, $74,471,000. 

(10) For activities designated as Other Assessments/ 

Administrative Costs, $23,040,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2011 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (10) of subsection (a) 

until 15 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2011 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case 

in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may 

obligate amounts appropriated for fiscal year 2011 for a purpose 

listed in paragraphs (1) through (10) of subsection (a) in excess 

of the specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds 

for a purpose stated in paragraphs (1) through (10) of subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after— 

(A) the Secretary submits to Congress notification of 

the intent to do so together with a complete discussion 

of the justification for doing so; and 

(B) 15 days have elapsed following the date of the 

notification. 

SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF 

CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF 

THE FORMER SOVIET UNION. 

Not more than $500,000 of the fiscal year 2011 Cooperative 

Threat Reduction funds may be obligated or expended to establish 

a center of excellence in a country that is not a state of the 

former Soviet Union until the date that is 15 days after the date 

on which the Secretary of Defense submits to the congressional 

defense committees a report that includes the following: 

(1) An identification of the country in which the center 

will be located. 

(2) A description of the purpose for which the center will 

be established. 

(3) The agreement under which the center will operate. 

(4) A funding plan for the center, including— 

(A) the amount of funds to be provided by the government of the country in which the center will be located; 

and 

Time period. 

Reports. 


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(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. 

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: 

Deadline. 


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(1) For the Defense Working Capital Funds, $160,965,000. 

(2) For the Defense Working Capital Fund, Defense Com- missary, $1,273,571,000. 

SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES. 

(a) STUDY REQUIRED.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall seek 

to enter into a contract with a federally funded research and 

development center with appropriate expertise in revolving fund 

financial management to carry out a study to determine a sufficient 

operational level of cash that each revolving fund of the Department 

of Defense should maintain in order to sustain a single rate or 

price throughout the fiscal year. 

(b) CONTENTS OF STUDY.—In carrying out a study pursuant 

to a contract entered into under subsection (a), the federally funded 

research and development center shall— 

(1) qualitatively analyze the operational requirements and 

inherent risks associated with maintaining a specific level of 

cash within each revolving fund of the Department; 

(2) for each such revolving fund, take into consideration 

any effects on appropriation accounts that have occurred due 

to changes made in the rates charged by the fund during 

a fiscal year; 

(3) take into consideration direct input from the Secretary 

of Defense and officials of each of the military departments 

with leadership responsibility for financial management; 

(4) examine the guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each 

of the military departments, as in effect on the date of the 

enactment of this Act, including such guidance with respect 

to programming and budgeting and the annual budget displays 

provided to Congress; 

(5) examine the effects on appropriations accounts that 

have occurred due to congressional adjustments relating to 

excess cash balances in revolving funds; 

(6) identify best business practices from the private sector 

relating to sufficient cash balance reserves; 

(7) examine any relevant applicable laws, including the 

relevant body of work performed by the Government Accountability Office; and 

(8) address— 

(A) instances where the fiscal policy of the Department 

of Defense directly follows the law, as in effect on the 

date of the enactment of this Act, and instances where 

such policy is more restrictive with respect to the fiscal 

management of revolving funds than such law requires; 

(B) instances where current Department fiscal policy 

restricts the capability of a revolving fund to achieve the 

most economical and efficient organization and operation 

of activities; 

(C) fiscal policy adjustments required to comply with 

recommendations provided in the study, including proposed 

adjustments to— 

(i) the Department of Defense Financial Management Regulation; 

(ii) published service regulations and instructions; 

and 

Contracts. 


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(iii) major command fiscal guidance; and 

(D) such other matters as determined relevant by the 

center carrying out the study. 

(c) AVAILABILITY OF INFORMATION.—The Secretary of Defense 

and the Secretary of each of the military departments shall make 

available to a federally funded research and development center 

carrying out a study pursuant to a contract entered into under 

subsection (a) all necessary and relevant information to allow the 

center to conduct the study in a quantitative and analytical manner. 

(d) REPORT.—Any contract entered into under subsection (a) 

shall provide that not later than 9 months after the date on which 

the Secretary of Defense enters into the contract, the chief executive 

officer of the entity that carries out the study pursuant to the 

contract shall submit to the Committees on Armed Services of 

the Senate and House of Representatives and the Secretary of 

Defense a final report on the study. The report shall include each 

of the following: 

(1) A description of the revolving fund environment, as 

of the date of the conclusion of the study, and the anticipated 

future environment, together with the quantitative data used 

in conducting the assessment of such environments under the 

study. 

(2) Recommended fiscal policy adjustments to support the 

initiatives identified in the study, including adjustments to— 

(A) the Department of Defense Financial Management 

Regulation; 

(B) published service regulations and instructions; and 

(C) major command fiscal guidance. 

(3) Recommendations with respect to any changes to any 

applicable law that would be appropriate to support the initiatives identified in the study. 

(e) SUBMITTAL OF COMMENTS.—Not later than 90 days after 

the date of the submittal of the report under subsection (d), the 

Secretary of Defense and the Secretaries of each of the military 

departments shall submit to the Committees on Armed Services 

of the Senate and House of Representatives comments on the 

findings and recommendations contained in the report. 

SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND 

REQUIREMENTS. 

Section 2208 of title 10, United States Code, is amended— 

(1) in subsection (c)(1), by inserting before the semicolon 

the following: ‘‘, including the cost of the procurement and 

qualification of technology-enhanced maintenance capabilities 

that improve either reliability, maintainability, sustainability, 

or supportability and have, at a minimum, been demonstrated 

to be functional in an actual system application or operational 

environment’’; and 

(2) in subsection (k)(2), by striking ‘‘$100,000’’ and inserting 

‘‘$250,000’’. 

SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of Defense shall transfer $53,000,000 from 

the unobligated balances of the Pentagon Reservation Maintenance 

Revolving Fund established under section 2674(e) of title 10, United 

Deadline. 

Deadline. 

Recommendations. 


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States Code, to the Miscellaneous Receipts Fund of the United 

States Treasury. 

SEC. 1405. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for the fiscal 

year 2011 for the National Defense Sealift Fund in the amount 

of $934,866,000. 

SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2011 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount 

of $1,467,307,000, of which— 

(1) $1,067,364,000 is for Operation and Maintenance; 

(2) $392,811,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $7,132,000 is for Procurement. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521), as amended by section 

1421 of this Act; and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, in the amount of $1,160,851,000. 

SEC. 1408. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $317,154,000. 

SEC. 1409. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Defense Health Program, in the amount of 

$30,959,611,000. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2011, 

the National Defense Stockpile Manager may obligate up to 

$41,181,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 


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for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that 

are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL 

DEFENSE STOCKPILE. 

Section 3402(b)(5) of the National Defense Authorization Act 

for Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended 

by section 1412(a) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 418), is amended 

by striking ‘‘$710,000,000’’ and inserting ‘‘$730,000,000’’. 

Subtitle C—Chemical Demilitarization 

Matters 

SEC. 1421. CONSOLIDATION AND REORGANIZATION OF STATUTORY 

AUTHORITY FOR DESTRUCTION OF UNITED STATES 

STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS. 

(a) RESTATEMENT OF STATUTORY AUTHORITY WITH CONSOLIDATION AND REORGANIZATION.—Section 1412 of the National Defense 

Authorization Act, 1986 (50 U.S.C. 1521) is amended to read as 

follows: 

‘‘SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS. 

‘‘(a) IN GENERAL.—The Secretary of Defense shall, in accordance 

with the provisions of this section, carry out the destruction of 

the United States’ stockpile of lethal chemical agents and munitions 

that exists on November 8, 1985. 

‘‘(b) DATE FOR COMPLETION.—(1) The destruction of such stockpile shall be completed by the stockpile elimination deadline. 

‘‘(2) If the Secretary of Defense determines at any time that 

there will be a delay in meeting the requirement in paragraph 

(1) for the completion of the destruction of chemical weapons by 

the stockpile elimination deadline, the Secretary shall immediately 

notify the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives 

of that projected delay. 

‘‘(3) For purposes of this section, the term ‘stockpile elimination 

deadline’ means the deadline established by the Chemical Weapons 

Convention, but not later than December 31, 2017. 

‘‘(c) INITIATION OF DEMILITARIZATION OPERATIONS.—The Secretary of Defense may not initiate destruction of the chemical 

Definition. 

50 USC 98d note. 

Time period. 

Notification. 


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munitions stockpile stored at a site until the following support 

measures are in place: 

‘‘(1) Support measures that are required by Department 

of Defense and Army chemical surety and security program 

regulations. 

‘‘(2) Support measures that are required by the general 

and site chemical munitions demilitarization plans specific to 

that installation. 

‘‘(3) Support measures that are required by the permits 

required by the Solid Waste Disposal Act (42 U.S.C. 6901 

et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for 

chemical munitions demilitarization operations at that installation, as approved by the appropriate State regulatory agencies. 

‘‘(d) ENVIRONMENTAL PROTECTION AND USE OF FACILITIES.— (1) In carrying out the requirement of subsection (a), the Secretary 

of Defense shall provide for— 

‘‘(A) maximum protection for the environment, the general 

public, and the personnel who are involved in the destruction 

of the lethal chemical agents and munitions referred to in 

subsection (a), including but not limited to the use of technologies and procedures that will minimize risk to the public 

at each site; and 

‘‘(B) adequate and safe facilities designed solely for the 

destruction of lethal chemical agents and munitions. 

‘‘(2) Facilities constructed to carry out this section shall, when 

no longer needed for the purposes for which they were constructed, 

be disposed of in accordance with applicable laws and regulations 

and mutual agreements between the Secretary of the Army and 

the Governor of the State in which the facility is located. 

‘‘(3)(A) Facilities constructed to carry out this section may not 

be used for a purpose other than the destruction of the stockpile 

of lethal chemical agents and munitions that exists on November 

8, 1985. 

‘‘(B) The prohibition in subparagraph (A) shall not apply with 

respect to items designated by the Secretary of Defense as lethal 

chemical agents, munitions, or related materials after November 

8, 1985, if the State in which a destruction facility is located 

issues the appropriate permit or permits for the destruction of 

such items at the facility. 

‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.—(1)(A) In order 

to carry out subsection (d)(1)(A), the Secretary of Defense may 

make grants to State and local governments and to tribal organizations (either directly or through the Federal Emergency Management Agency) to assist those governments and tribal organizations 

in carrying out functions relating to emergency preparedness and 

response in connection with the disposal of the lethal chemical 

agents and munitions referred to in subsection (a). Funds available 

to the Department of Defense for the purpose of carrying out this 

section may be used for such grants. 

‘‘(B) Additionally, the Secretary may provide funds through 

cooperative agreements with State and local governments, and with 

tribal organizations, for the purpose of assisting them in processing, 

approving, and overseeing permits and licenses necessary for the 

construction and operation of facilities to carry out this section. 

The Secretary shall ensure that funds provided through such a 

cooperative agreement are used only for the purpose set forth 

in the preceding sentence. 


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‘‘(C) In this paragraph, the term ‘tribal organization’ has the 

meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). 

‘‘(2)(A) In coordination with the Secretary of the Army and 

in accordance with agreements between the Secretary of the Army 

and the Administrator of the Federal Emergency Management 

Agency, the Administrator shall carry out a program to provide 

assistance to State and local governments in developing capabilities 

to respond to emergencies involving risks to the public health 

or safety within their jurisdictions that are identified by the Secretary as being risks resulting from— 

‘‘(i) the storage of lethal chemical agents and munitions 

referred to in subsection (a) at military installations in the 

continental United States; or 

‘‘(ii) the destruction of such agents and munitions at facilities referred to in subsection (d)(1)(B). 

‘‘(B) Assistance may be provided under this paragraph for 

capabilities to respond to emergencies involving an installation 

or facility as described in subparagraph (A) until the earlier of 

the following: 

‘‘(i) The date of the completion of all grants and cooperative 

agreements with respect to the installation or facility for purposes of this paragraph between the Federal Emergency 

Management Agency and the State and local governments concerned. 

‘‘(ii) The date that is 180 days after the date of the completion of the destruction of lethal chemical agents and munitions 

at the installation or facility. 

‘‘(C) Not later than December 15 of each year, the Administrator 

shall transmit a report to Congress on the activities carried out 

under this paragraph during the fiscal year preceding the fiscal 

year in which the report is submitted. 

‘‘(f) REQUIREMENT FOR STRATEGIC PLAN.—(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics and 

the Secretary of the Army shall jointly prepare, and from time 

to time shall update as appropriate, a strategic plan for future 

activities for destruction of the United States’ stockpile of lethal 

chemical agents and munitions. 

‘‘(2) The plan shall include, at a minimum, the following considerations: 

‘‘(A) Realistic budgeting for stockpile destruction and 

related support programs. 

‘‘(B) Contingency planning for foreseeable or anticipated 

problems. 

‘‘(C) A management approach and associated actions that 

address compliance with the obligations of the United States 

under the Chemical Weapons Convention and that take full 

advantage of opportunities to accelerate destruction of the 

stockpile. 

‘‘(3) The Secretary of Defense shall each year submit to the 

Committee on the Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives the strategic 

plan as most recently prepared and updated under paragraph (1). 

Such submission shall be made each year at the time of the submission to the Congress that year of the President’s budget for the 

next fiscal year. 

Deadlines. 

Reports. 

Deadlines. 


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‘‘(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 performing such management, the program manager 

shall act independently of the Army program manager for Chemical 

Demilitarization and shall report to the Under Secretary of Defense 

for Acquisition, Technology, and Logistics 

‘‘(3) The Secretary of Defense shall designate a general officer 

or civilian equivalent as the director of the management organization established under paragraph (1). Such officer shall have— 

‘‘(A) experience in the acquisition, storage, and destruction 

of chemical agents and munitions; and 

‘‘(B) outstanding qualifications regarding safety in handling 

chemical agents and munitions. 

‘‘(h) IDENTIFICATION OF FUNDS.—(1) Funds for carrying out 

this section, including funds for military construction projects necessary to carry out this section, shall be set forth in the budget 

of the Department of Defense for any fiscal year as a separate 

account. Such funds shall not be included in the budget accounts 

for any military department. 

‘‘(2) Amounts appropriated to the Secretary of Defense for the 

purpose of carrying out subsection (e) shall be promptly made 

available to the Administrator of the Federal Emergency Management Agency. 

‘‘(i) ANNUAL REPORTS.—(1) Except as provided by paragraph 

(3), the Secretary of Defense shall transmit, by December 15 each 

year, a report to Congress on the activities carried out under this 

section during the fiscal year ending on September 30 of the calendar year in which the report is to be made. 

‘‘(2) Each annual report shall include the following: 

‘‘(A) A site-by-site description of the construction, equipment, operation, and dismantling of facilities (during the fiscal 

year for which the report is made) used to carry out the destruction of agents and munitions under this section, including any 

accidents or other unplanned occurrences associated with such 

construction and operation. 

‘‘(B) A site-by-site description of actions taken to assist 

State and local governments (either directly or through the 

Federal Emergency Management Agency) in carrying out functions relating to emergency preparedness and response in 

accordance with subsection (e). 

‘‘(C) An accounting of all funds expended (during such 

fiscal year) for activities carried out under this section, with 

a separate accounting for amounts expended for— 

‘‘(i) the construction of and equipment for facilities 

used for the destruction of agents and munitions; 

‘‘(ii) the operation of such facilities; 

Establishment. 


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‘‘(iii) the dismantling or other closure of such facilities; 

‘‘(iv) research and development; 

‘‘(v) program management; 

‘‘(vi) travel and associated travel costs for Citizens’ 

Advisory Commissioners under subsection (m)(7); and 

‘‘(vii) grants to State and local governments to assist 

those governments in carrying out functions relating to 

emergency preparedness and response in accordance with 

subsection (e). 

‘‘(D) An assessment of the safety status and the integrity 

of the stockpile of lethal chemical agents and munitions subject 

to this section, including— 

‘‘(i) an estimate on how much longer that stockpile 

can continue to be stored safely; 

‘‘(ii) a site-by-site assessment of the safety of those 

agents and munitions; and 

‘‘(iii) a description of the steps taken (to the date of 

the report) to monitor the safety status of the stockpile 

and to mitigate any further deterioration of that status. 

‘‘(3) The Secretary shall transmit the final report under paragraph (1) not later than 120 days following the completion of activities under this section. 

‘‘(j) SEMIANNUAL REPORTS.—(1) Not later than March 1 and 

September 1 each year until the year in which the United States 

completes the destruction of its entire stockpile of chemical weapons 

under the terms of the Chemical Weapons Convention, the Secretary 

of Defense shall submit to the members and committees of Congress 

referred to in paragraph (3) a report on the implementation by 

the United States of its chemical weapons destruction obligations 

under the Chemical Weapons Convention. 

‘‘(2) Each report under paragraph (1) shall include the following: 

‘‘(A) The anticipated schedule at the time of such report 

for the completion of destruction of chemical agents, munitions, 

and materiel at each chemical weapons demilitarization facility 

in the United States. 

‘‘(B) A description of the options and alternatives for accelerating the completion of chemical weapons destruction at each 

such facility, particularly in time to meet the stockpile elimination deadline. 

‘‘(C) A description of the funding required to achieve each 

of the options for destruction described under subparagraph 

(B), and a detailed life-cycle cost estimate for each of the 

affected facilities included in each such funding profile. 

‘‘(D) A description of all actions being taken by the United 

States to accelerate the destruction of its entire stockpile of 

chemical weapons, agents, and materiel in order to meet the 

current stockpile elimination deadline under the Chemical 

Weapons Convention of April 29, 2012, or as soon thereafter 

as possible. 

‘‘(3) The members and committees of Congress referred to in 

this paragraph are— 

‘‘(A) the majority leader and the minority leader of the 

Senate and the Committee on Armed Services and the Committee on Appropriations of the Senate; and 


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‘‘(B) the Speaker of the House of Representatives, the 

majority leader and the minority leader of the House of Representatives, and the Committee on Armed Services and the 

Committee on Appropriations of the House of Representatives. 

‘‘(k) AUTHORIZED USE OF TOXIC CHEMICALS.—Consistent with 

United States obligations under the Chemical Weapons Convention, 

the Secretary of Defense may develop, produce, otherwise acquire, 

retain, transfer, and use toxic chemicals and their precursors for 

purposes not prohibited by the Chemical Weapons Convention if 

the types and quantities of such chemicals and precursors are 

consistent with such purposes, including for protective purposes 

such as protection against toxic chemicals and protection against 

chemical weapons. 

‘‘(l) SURVEILLANCE AND ASSESSMENT PROGRAM.—The Secretary 

of Defense shall conduct an ongoing comprehensive program of— 

‘‘(1) surveillance of the existing United States stockpile 

of chemical weapons; and 

‘‘(2) assessment of the condition of the stockpile. 

‘‘(m) CHEMICAL DEMILITARIZATION CITIZENS’ ADVISORY COMMISSIONS.—(1)(A) The Secretary of the Army shall establish a citizens’ 

commission for each State in which there is a chemical demilitarization facility under Army management. 

‘‘(B) The Assistant Secretary of Defense for Nuclear, Chemical, 

and Biological Defense Programs shall establish a chemical demilitarization citizens’ commission in Colorado and in Kentucky. 

‘‘(C) Each commission under this subsection shall be known 

as the ‘Chemical Demilitarization Citizens’ Advisory Commission’ 

for the State concerned. 

‘‘(2)(A) The Secretary of the Army, or the Department of Defense 

with respect to Colorado and Kentucky, shall provide for a representative to meet with each commission established under this 

subsection to receive citizen and State concerns regarding the 

ongoing program for the disposal of the lethal chemical agents 

and munitions in the stockpile referred to in subsection (a) at 

each of the sites with respect to which a commission is established 

pursuant to paragraph (1). 

‘‘(B) The Secretary of the Army shall provide for a representative from the Office of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) to meet with each commission under 

Army management. 

‘‘(C) The Department of Defense shall provide for a representative from the Office of the Assistant Secretary of Defense for 

Nuclear, Chemical, and Biological Defense Programs to meet with 

the commissions in Colorado and Kentucky. 

‘‘(3)(A) Each commission under this subsection shall be composed of nine members appointed by the Governor of the State. 

Seven of such members shall be citizens from the local affected 

areas in the State. The other two shall be representatives of State 

government who have direct responsibilities related to the chemical 

demilitarization program. 

‘‘(B) For purposes of this paragraph, affected areas are those 

areas located within a 50-mile radius of a chemical weapons storage 

site. 

‘‘(4) For a period of five years after the termination of any 

commission under this subsection, no corporation, partnership, or 

other organization in which a member of that commission, a spouse 

of a member of that commission, or a natural or adopted child 

Time period. 

Colorado. 

Kentucky. 

Establishment. 


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of a member of that commission has an ownership interest may 

be awarded— 

‘‘(A) a contract related to the disposal of lethal chemical 

agents or munitions in the stockpile referred to in subsection 

(a); or 

‘‘(B) a subcontract under such a contract. 

‘‘(5) The members of each commission under this subsection 

shall designate the chair of such commission from among the members of such commission. 

‘‘(6) Each commission under this subsection shall meet with 

a representative from the Army, or the Office of the Assistant 

Secretary of Defense for Nuclear, Chemical, and Biological Defense 

Programs with respect to the commissions in Colorado and Kentucky, upon joint agreement between the chair of such commission 

and that representative. The two parties shall meet not less often 

than twice a year and may meet more often at their discretion. 

‘‘(7) Members of each commission under this subsection shall 

receive no pay for their involvement in the activities of their 

commissions. Funds appropriated for the Chemical Stockpile 

Demilitarization Program may be used for travel and associated 

travel costs for commissioners of commissions under this subsection 

when such travel is conducted at the invitation of the Assistant 

Secretary of the Army (Acquisition, Logistics, and Technology) or 

the invitation of the Assistant Secretary of Defense for Nuclear, 

Chemical, and Biological Defense Programs for the commissions 

in Colorado and Kentucky. 

‘‘(8) Each commission under this subsection shall be terminated 

after the closure activities required pursuant to regulations prescribed by the Administrator of the Environmental Protection 

Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 

et seq.) have been completed for the chemical agent destruction 

facility in such commission’s State, or upon the request of the 

Governor of such commission’s State, whichever occurs first. 

‘‘(n) INCENTIVE CLAUSES IN CHEMICAL DEMILITARIZATION CONTRACTS.—(1)(A) The Secretary of Defense may, for the purpose 

specified in paragraph (B), authorize the inclusion of an incentives 

clause in any contract for the destruction of the United States 

stockpile of lethal chemical agents and munitions carried out pursuant to subsection (a). 

‘‘(B) The purpose of a clause referred to in subparagraph (A) 

is to provide the contractor for a chemical demilitarization facility 

an incentive to accelerate the safe elimination of the United States 

chemical weapons stockpile and to reduce the total cost of the 

Chemical Demilitarization Program by providing incentive payments for the early completion of destruction operations and the 

closure of such facility. 

‘‘(2)(A) An incentives clause under this subsection shall permit 

the contractor for the chemical demilitarization facility concerned 

the opportunity to earn incentive payments for the completion of 

destruction operations and facility closure activities within target 

incentive ranges specified in such clause. 

‘‘(B) The maximum incentive payment under an incentives 

clause with respect to a chemical demilitarization facility may not 

exceed the following amounts: 

‘‘(i) In the case of an incentive payment for the completion 

of destruction operations within the target incentive range 

specified in such clause, $110,000,000. 

Termination. 


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‘‘(ii) In the case of an incentive payment for the completion 

of facility closure activities within the target incentive range 

specified in such clause, $55,000,000. 

‘‘(C) An incentives clause in a contract under this section shall 

specify the target incentive ranges of costs for completion of destruction operations and facility closure activities, respectively, as jointly 

agreed upon by the contracting officer and the contractor concerned. 

An incentives clause shall require a proportionate reduction in 

the maximum incentive payment amounts in the event that the 

contractor exceeds an agreed-upon target cost if such excess costs 

are the responsibility of the contractor. 

‘‘(D) The amount of the incentive payment earned by a contractor for a chemical demilitarization facility under an incentives 

clause under this subsection shall be based upon a determination 

by the Secretary on how early in the target incentive range specified 

in such clause destruction operations or facility closure activities, 

as the case may be, are completed. 

‘‘(E) The provisions of any incentives clause under this subsection shall be consistent with the obligation of the Secretary 

of Defense under subsection (d)(1)(A), to provide for maximum 

protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical 

agents and munitions. 

‘‘(F) In negotiating the inclusion of an incentives clause in 

a contract under this subsection, the Secretary may include in 

such clause such additional terms and conditions as the Secretary 

considers appropriate. 

‘‘(3)(A) No payment may be made under an incentives clause 

under this subsection unless the Secretary determines that the 

contractor concerned has satisfactorily performed its duties under 

such incentives clause. 

‘‘(B) An incentives clause under this subsection shall specify 

that the obligation of the Government to make payment under 

such incentives clause is subject to the availability of appropriations 

for that purpose. Amounts appropriated for Chemical Agents and 

Munitions Destruction, Defense, shall be available for payments 

under incentives clauses under this subsection. 

‘‘(o) DEFINITIONS.—In this section: 

‘‘(1) The term ‘chemical agent and munition’ means an 

agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except 

that such term does not include riot control agents, chemical 

herbicides, smoke and other obscuration materials. 

‘‘(2) The term ‘Chemical Weapons Convention’ means the 

Convention on the Prohibition of Development, Production, 

Stockpiling and Use of Chemical Weapons and on Their 

Destruction, with annexes, done at Paris, January 13, 1993, 

and entered into force April 29, 1997 (T. Doc. 103–21). 

‘‘(3) The term ‘lethal chemical agent and munition’ means 

a chemical agent or munition that is designed to cause death, 

through its chemical properties, to human beings in field concentrations. 

‘‘(4) The term ‘destruction’ means, with respect to chemical 

munitions or agents— 

‘‘(A) the demolishment of such munitions or agents 

by incineration or by any other means; or 


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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 be treated 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4421 

as amounts authorized and appropriated for the Department of 

Defense specifically for such transfer. 

(b) USE OF TRANSFERRED FUNDS.—For purposes of subsection 

(b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the 

Captain James A. Lovell Federal Health Care Center, consisting 

of the North Chicago Veterans Affairs Medical Center, the Navy 

Ambulatory Care Center, and supporting facilities designated as 

a combined Federal medical facility under an operational agreement 

pursuant to section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 455). 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. National Guard and Reserve equipment. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Military personnel. 

Sec. 1512. Working capital funds. 

Sec. 1513. Defense Health Program. 

Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1515. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1532. Limitations on availability of funds in Iraq Security Forces Fund. 

Sec. 1533. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1534. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1535. Task Force for Business and Stability Operations in Afghanistan and 

economic transition plan and economic strategy for Afghanistan. 

Subtitle A—Authorization of Additional 

Appropriations 

SEC. 1501. PURPOSE. 

The purpose of this subtitle is to authorize appropriations for 

the Department of Defense for fiscal year 2011 to provide additional 

funds for overseas contingency operations being carried out by 

the Armed Forces. 

SEC. 1502. ARMY PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement accounts of the Army in amounts as follows: 


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124 STAT. 4422 PUBLIC LAW 111–383—JAN. 7, 2011 

(1) For aircraft procurement, $1,373,803,000. 

(2) For missile procurement, $343,828,000. 

(3) For weapons and tracked combat vehicles procurement, $687,500,000. 

(4) For ammunition procurement, $384,441,000. 

(5) For other procurement, $5,827,274,000. 

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the Joint Improvised Explosive Device Defeat Fund in 

the amount of $3,465,868,000. 

SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement accounts of the Navy and Marine Corps 

in amounts as follows: 

(1) For aircraft procurement, Navy, $420,358,000. 

(2) For weapons procurement, Navy, $93,425,000. 

(3) For ammunition procurement, Navy and Marine Corps, $565,084,000. 

(4) For other procurement, Navy, $480,735,000. 

(5) For procurement, Marine Corps, $1,705,069,000. 

SEC. 1505. AIR FORCE PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for procurement accounts of the Air Force in amounts as 

follows: 

(1) For aircraft procurement, $1,096,520,000. 

(2) For ammunition procurement, $292,959,000. 

(3) For missile procurement, $56,621,000. 

(4) For other procurement, $2,992,681,000. 

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the procurement account for Defense-wide activities in 

the amount of $844,546,000. 

SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the procurement of aircraft, missiles, wheeled and tracked 

combat vehicles, tactical wheeled vehicles, ammunition, other 

weapons, and other procurement for the reserve components of 

the Armed Forces in the amount of $700,000,000. 

SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the Mine Resistant Ambush Protected Vehicle Fund in 

the amount of $3,415,000,000. 

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $150,906,000. 

(2) For the Navy, $60,401,000. 

(3) For the Air Force, $266,241,000. 

(4) For Defense-wide activities, $661,240,000. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4423 

SEC. 1510. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $63,202,618,000. 

(2) For the Navy, $8,692,173,000. 

(3) For the Marine Corps, $4,136,522,000. 

(4) For the Air Force, $13,487,283,000 

(5) For Defense-wide activities, $9,436,358,000. 

(6) For the Army Reserve, $286,950,000. 

(7) For the Navy Reserve, $93,559,000. 

(8) For the Marine Corps Reserve, $29,685,000. 

(9) For the Air Force Reserve, $129,607,000. 

(10) For the Army National Guard, $544,349,000. 

(11) For the Air National Guard, $350,823,000. 

(12) For the Afghanistan Security Forces Fund, 

$11,619,283,000. 

(13) For the Iraq Security Forces Fund, $1,500,000,000. 

(14) For the Overseas Contingency Operations Transfer 

Fund, $506,781,000. 

SEC. 1511. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the Department of Defense for military personnel in the 

amount of $15,275,502,000. 

SEC. 1512. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2011 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in the amount of $485,384,000. 

SEC. 1513. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Defense Health Program in the amount of 

$1,398,092,000 for operation and maintenance. 

SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide in the amount of $457,110,000. 

SEC. 1515. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense in the amount of $10,529,000. 

Subtitle B—Financial Matters 

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 


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124 STAT. 4424 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2011 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this subsection may not exceed $4,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

Subtitle C—Limitations and Other Matters 

SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN 

SECURITY FORCES FUND. 

(a) APPLICATION OF EXISTING LIMITATIONS.—Funds made available to the Department of Defense for the Afghanistan Security 

Forces Fund for fiscal year 2011 shall be subject to the conditions 

contained in subsections (b) through (g) of section 1513 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 428), as amended by subsection (b) of 

this section. 

(b) MODIFICATION OF PRIOR NOTICE AND REPORTING REQUIRE- MENTS.—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.— 


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(1) REQUIREMENT.—If funds made available to the Department of Defense for the Iraq Security Forces Fund for fiscal 

year 2011 are used for the purchase of any item or service 

for Iraq Security Forces, the funds may not cover more than 

80 percent of the cost of the item or service. 

(2) EXCEPTION.—Paragraph (1) does not apply to any item 

that the Secretary of Defense determines— 

(A) is an item of significant military equipment (as 

such term is defined in section 47(9) of the Arms Export 

Control Act (22 U.S.C. 2794(9))); or 

(B) is included on the United States Munitions List, 

as designated pursuant to section 38(a)(1) of the Arms 

Export Control Act (22 U.S.C. 2778(a)(1)). 

(c) LIMITATION ON OBLIGATION OF FUNDS PENDING CERTAIN

COMMITMENT BY GOVERNMENT OF IRAQ.— (1) LIMITATION.—Of the amount available to the Iraq Security Forces Fund as described in subsection (a), not more than 

$1,000,000,000 may be obligated until the Secretary of Defense 

certifies to Congress that the Government of Iraq has demonstrated a commitment to each of the following: 

(A) To adequately build the logistics and maintenance 

capacity of the Iraqi security forces. 

(B) To develop the institutional capacity to manage 

such forces independently. 

(C) To develop a culture of sustainment for equipment 

provided by the United States or acquired with United 

States assistance. 

(2) BASIS FOR CERTIFICATION.—The certification of the Secretary under paragraph (1) 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 

Applicability. 

Applicability. 

Certification. 


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124 STAT. 4426 PUBLIC LAW 111–383—JAN. 7, 2011 

Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

funds made available to the Department of Defense for the Joint 

Improvised Explosive Device Defeat Fund for fiscal year 2011. 

(b) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.— 

(1) REPORTS REQUIRED.—Not later than 15 days after the 

end of each month of fiscal year 2011, the Secretary of Defense 

shall provide to the congressional defense committees a report 

on the Joint Improvised Explosive Device Defeat Fund 

explaining monthly commitments, obligations, and expenditures 

by line of action. 

(2) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 1514 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439) 

is amended by striking subsection (e). 

SEC. 1535. TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS 

IN AFGHANISTAN AND ECONOMIC TRANSITION PLAN AND 

ECONOMIC STRATEGY FOR AFGHANISTAN. 

(a) PROJECTS OF TASK FORCE FOR BUSINESS AND STABILITY

OPERATIONS IN AFGHANISTAN.— 

(1) IN GENERAL.—The Task Force for Business and Stability 

Operations in Afghanistan may carry out projects to assist 

the commander of United States Forces-Afghanistan and the 

Ambassador of the United States Mission in Afghanistan to 

reduce violence, enhance stability, and support economic normalcy in Afghanistan through strategic business and economic 

activities. 

(2) DIRECTION, CONTROL, AND CONCURRENCE.—A project 

carried out under paragraph (1) shall be subject to— 

(A) the direction and control of the Secretary of 

Defense; and 

(B) the concurrence of the Secretary of State. 

(3) SCOPE OF PROJECTS.—The projects carried out under 

paragraph (1) may include projects that facilitate private investment, industrial development, banking and financial system 

development, agricultural diversification and revitalization, and 

energy development in and with respect to Afghanistan. 

(4) FUNDING.—The Secretary may use funds available for 

overseas contingency operations for operation and maintenance 

for the Army for additional activities to carry out projects 

under paragraph (1). The amount of funds used under authority 

in the preceding sentence may not exceed $150,000,000. 

(5) PROHIBITION ON USE OF CERTAIN FUNDS.—Funds provided for the Commanders’ Emergency Response Program may 

not be utilized to support or carry out projects of the Task 

Force for Business and Stability Operations. 

(6) REPORT.—Not later than October 31, 2011, the Secretary 

of Defense shall submit to the appropriate congressional 

committees a report describing— 

(A) the activities of the Task Force for Business and 

Stability Operations in Afghanistan in support of Operation 

Enduring Freedom during fiscal year 2011, including the 

projects carried out under paragraph (1) during that fiscal 

year; and 


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(B) how the activities of the Task Force for Business 

and Stability Operations in Afghanistan support the longterm stabilization of Afghanistan. 

(7) EXPIRATION OF AUTHORITY.—The authority provided in 

paragraph (1) shall expire on September 30, 2011. 

(b) PLAN FOR TRANSITION OF TASK FORCE ACTIVITIES TO AGENCY

FOR INTERNATIONAL DEVELOPMENT.— 

(1) PLAN REQUIRED.—The Secretary of Defense, the 

Administrator of the Agency for International Development, 

and the Secretary of State shall jointly develop a plan to 

transition the activities of the Task Force for Business and 

Stability Operations in Afghanistan to the Department of State. 

(2) ELEMENTS OF PLAN.—The plan shall describe at a minimum the following: 

(A) The activities carried out by the Task Force for 

Business and Stability Operations in Afghanistan in fiscal 

year 2011. 

(B) Those activities that the Task Force for Business 

and Stability Operations in Afghanistan carried out in 

fiscal year 2011 that the Agency for International Development will continue in fiscal year 2012, including those 

activities that, rather than explicitly continued, may be 

merged with similar efforts carried out by the Agency for 

International Development. 

(C) Any activities carried out by the Task Force for 

Business and Stability Operations in Afghanistan in fiscal 

year 2011 that the Agency for International Development 

will not continue and the reasons that such activities shall 

not be continued. 

(D) Those actions that may be necessary to transition 

activities carried out by the Task Force for Business and 

Stability Operations in Afghanistan in fiscal year 2011 

and that will be continued by the Agency for International 

Development in fiscal year 2012 from the Department of 

Defense to the Agency for International Development. 

(3) REPORT REQUIRED.—At the same time that the budget 

of the President is submitted to Congress under section 1105(a) 

of title 31, United States Code, for fiscal year 2012, the Secretary of Defense shall submit the plan to the appropriate 

congressional committees. 

(c) REPORT ON ECONOMIC STRATEGY FOR AFGHANISTAN.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the President, acting through 

the Secretary of State and the Secretary of Defense, shall 

submit to the appropriate congressional committees a report 

on an economic strategy for Afghanistan that— 

(A) supports the United States counterinsurgency campaign in Afghanistan; 

(B) promotes economic stabilization in Afghanistan, 

consistent with a longer-term development plan for 

Afghanistan; and 

(C) enhances the establishment of sustainable institutions in Afghanistan. 

(2) ELEMENTS.—The report shall include the following: 

(A) An identification of the sectors within the Afghanistan economy that offer the greatest economic opportunities 

President. 


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to support the purposes of the economic strategy for 

Afghanistan set forth under paragraph (1). 

(B) An assessment of the capabilities of the Government of Afghanistan to increase revenue generation to 

meet its own operational and developmental costs in the 

short-term, medium-term, and long-term. 

(C) An assessment of the infrastructure (water, power, 

rail, road) required to underpin economic development in 

Afghanistan. 

(D) A description of the potential role in the economic 

strategy for Afghanistan of each of the following: 

(i) Private sector investment, including investment 

by and through the Overseas Private Investment Corporation. 

(ii) Efforts to promote public-private partnerships. 

(iii) National Priority Programs of the Government 

of Afghanistan, including the Afghanistan National 

Solidarity Program, and public works projects. 

(iv) International financial institutions, including 

the International Bank for Reconstruction and 

Development and the Asian Development Bank. 

(v) Efforts to promote trade, including efforts by 

and through the Export-Import Bank of the United 

States. 

(vi) Department of Defense policies to promote economic stabilization and development, including the 

Afghanistan First procurement policy and efforts by 

the Department to enhance transportation, electrification, and communications networks both within 

Afghanistan and between Afghanistan and neighboring 

countries. 

(E) An evaluation of the regional dimension of an economic strategy for Afghanistan, including a description 

of economic areas suitable for regional collaboration and 

a prioritization among such areas for attention under the 

strategy. 

(F) A timeline and milestones for activities that can 

promote economic stabilization, development, and sustainability in Afghanistan in the short-term, medium-term, 

and long-term. 

(G) Metrics for assessing progress under the economic 

strategy for Afghanistan. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committees on Armed Services, Foreign Relations, 

and Appropriations of the Senate; and 

(2) the Committees on Armed Services, Foreign Affairs, 

and Appropriations of the House of Representatives. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4429 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE 

IN THE ARMED FORCES 

Sec. 1601. Definition of Department of Defense sexual assault prevention and response program and other definitions. 

Sec. 1602. Comprehensive Department of Defense policy on sexual assault prevention and response program. 

Subtitle A—Organizational Structure and Application of Sexual Assault Prevention 

and Response Program Elements 

Sec. 1611. Sexual Assault Prevention and Response Office. 

Sec. 1612. Oversight and evaluation standards. 

Sec. 1613. Report and plan for completion of acquisition of centralized Department 

of Defense sexual assault database. 

Sec. 1614. Restricted reporting of sexual assaults. 

Subtitle B—Improved and Expanded Availability of Services 

Sec. 1621. Improved protocols for providing medical care for victims of sexual assault. 

Sec. 1622. Sexual assault victims access to Victim Advocate services. 

Subtitle C—Reporting Requirements 

Sec. 1631. Annual report regarding sexual assaults involving members of the 

Armed Forces and improvement to sexual assault prevention and response program. 

Sec. 1632. Additional reports. 

SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL 

ASSAULT PREVENTION AND RESPONSE PROGRAM AND 

OTHER DEFINITIONS. 

(a) SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM

DEFINED.—In this title, the term ‘‘sexual assault prevention and 

response program’’ refers to Department of Defense policies and 

programs, including policies and programs of a specific military 

department or Armed Force, that, as modified as required by this 

title— 

(1) are intended to reduce the number of sexual assaults 

involving members of the Armed Forces, whether members 

are the victim, alleged assailant, or both; and 

(2) improve the response of the Department of Defense, 

the military departments, and the Armed Forces to reports 

of sexual assaults involving members of the Armed Forces, 

whether members are the victim, alleged assailant, or both, 

and to reports of sexual assaults when a covered beneficiary 

under chapter 55 of title 10, United States Code, is the victim. 

(b) OTHER DEFINITIONS.—In this title: 

(1) The term ‘‘Armed Forces’’ means the Army, Navy, Air 

Force, and Marine Corps. 

(2) The terms ‘‘covered beneficiary’’ and ‘‘dependent’’ have 

the meanings given those terms in section 1072 of title 10, 

United States Code. 

(3) The term ‘‘department’’ has the meaning given that 

term in section 101(a)(6) of title 10, United States Code. 

(4) The term ‘‘military installation’’ has the meaning given 

that term by the Secretary concerned. 

(5) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Army, with respect to matters 

concerning the Army; 

10 USC 1561 

note. 


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(B) the Secretary of the Navy, with respect to matters 

concerning the Navy and the Marine Corps; and 

(C) the Secretary of the Air Force, with respect to 

matters concerning the Air Force. 

(6) The term ‘‘sexual assault’’ has the definition developed 

for that term by the Secretary of Defense pursuant to subsection 

(a)(3) of section 577 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

10 U.S.C. 113 note), subject to such modifications as the Secretary considers appropriate. 

SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON 

SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. 

(a) COMPREHENSIVE POLICY REQUIRED.—Not later than March 

30, 2012, the Secretary of Defense shall submit to the congressional 

defense committees a revised comprehensive policy for the Department of Defense sexual assault prevention and response program 

that— 

(1) builds upon the comprehensive sexual assault prevention and response policy developed under subsections (a) and 

(b) of section 577 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

10 U.S.C. 113 note); 

(2) incorporates into the sexual assault prevention and 

response program the new requirements identified by this title; 

and 

(3) ensures that the policies and procedures of the military 

departments regarding sexual assault prevention and response 

are consistent with the revised comprehensive policy. 

(b) CONSIDERATION OF TASK FORCE FINDINGS, RECOMMENDATIONS, AND PRACTICES.—In developing the comprehensive policy 

required by subsection (a), the Secretary of Defense shall take 

into account the findings and recommendations found in the report 

of the Defense Task Force on Sexual Assault in the Military Services 

issued in December 2009. 

(c) SEXUAL ASSAULT PREVENTION AND RESPONSE EVALUATION

PLAN.— 

(1) PLAN REQUIRED.—The Secretary of Defense shall 

develop and implement an evaluation plan for assessing the 

effectiveness of the comprehensive policy prepared under subsection (a) in achieving its intended outcomes at the department 

and individual Armed Force levels. 

(2) ROLE OF SERVICE SECRETARIES.—As a component of 

the evaluation plan, the Secretary of each military department 

shall assess the adequacy of measures undertaken at military 

installations and by units of the Armed Forces under the jurisdiction of the Secretary to ensure the safest and most secure 

living and working environments with regard to preventing 

sexual assault. 

(d) PROGRESS REPORT.—Not later than October 1, 2011, the 

Secretary of Defense shall submit to the congressional defense 

committees a report— 

(1) describing the process by which the comprehensive 

policy required by subsection (a) is being revised; 

Deadline. 

10 USC 1561 

note. 


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(2) describing the extent to which revisions of the comprehensive policy and the evaluation plan required by subsection (c) have already been implemented; and 

(3) containing a determination by the Secretary regarding 

whether the Secretary will be able to comply with the revision 

deadline specified in subsection (a). 

(e) CONSISTENCY OF TERMINOLOGY, POSITION DESCRIPTIONS, 

PROGRAM STANDARDS, AND ORGANIZATIONAL STRUCTURES.— 

(1) IN GENERAL.—The Secretary of Defense shall require 

the use of consistent terminology, position descriptions, minimum program standards, and organizational structures 

throughout the Armed Forces in implementing the sexual 

assault prevention and response program. 

(2) MINIMUM STANDARDS.—The Secretary of Defense shall 

establish minimum standards for— 

(A) the training, qualifications, and status of Sexual 

Assault Response Coordinators and Sexual Assault Victim 

Advocates for the Armed Forces; and 

(B) the curricula to be used to provide sexual assault 

prevention and response training and education for members of the Armed Forces and civilian employees of the 

department to strengthen individual knowledge, skills, and 

capacity to prevent and respond to sexual assault. 

(3) RECOGNIZING OPERATIONAL DIFFERENCES.—In complying 

with this subsection, the Secretary of Defense shall take into 

account the responsibilities of the Secretary concerned and 

operational needs of the Armed Force involved. 

Subtitle A—Organizational Structure and 

Application of Sexual Assault Prevention 

and Response Program Elements 

SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE. 

(a) APPOINTMENT OF DIRECTOR.—There shall be a Director of 

the Sexual Assault Prevention and Response Office. During the 

development and implementation of the comprehensive policy for 

the Department of Defense sexual assault prevention and response 

program, the Director shall operate under the oversight of the 

Advisory Working Group of the Deputy Secretary of Defense. 

(b) DUTIES OF DIRECTOR.—The Director of the Sexual Assault 

Prevention and Response Office shall— 

(1) oversee implementation of the comprehensive policy 

for the Department of Defense sexual assault prevention and 

response program; 

(2) serve as the single point of authority, accountability, 

and oversight for the sexual assault prevention and response 

program; and 

(3) provide oversight to ensure that the military departments comply with the sexual assault prevention and response 

program. 

(c) ROLE OF INSPECTORS GENERAL.— 

(1) IN GENERAL.—The Inspector General of the Department 

of Defense, the Inspector General of the Army, the Naval 

Inspector General, and the Inspector General of the Air Force 

shall treat the sexual assault prevention and response program 

10 USC 1561 

note. 

Requirement. 


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as an item of special interest when conducting inspections 

of organizations and activities with responsibilities regarding 

the prevention and response to sexual assault. 

(2) COMPOSITION OF INVESTIGATION TEAMS.—The Inspector 

General inspection teams shall include at least one member 

with expertise and knowledge of sexual assault prevention and 

response policies related to a specific Armed Force. 

(d) STAFF.— 

(1) ASSIGNMENT.—Not later than 18 months after the date 

of the enactment of this Act, an officer from each of the Armed 

Forces in the grade of O–4 or above shall be assigned to 

the Sexual Assault Prevention and Response Office for a minimum tour length of at least 18 months. 

(2) HIGHER GRADE.—Notwithstanding paragraph (1), of the 

four officers assigned to the Sexual Assault Prevention and 

Response Office under this subsection at any time, one officer 

shall be in the grade of O–6 or above. 

SEC. 1612. OVERSIGHT AND EVALUATION STANDARDS. 

(a) ISSUANCE OF STANDARDS.—The Secretary of Defense shall 

issue standards to assess and evaluate the effectiveness of the 

sexual assault prevention and response program of each Armed 

Force in reducing the number of sexual assaults involving members 

of the Armed Forces and in improving the response of the department to reports of sexual assaults involving members of the Armed 

Forces, whether members of the Armed Forces are the victim, 

alleged assailant, or both. 

(b) SEXUAL ASSAULT PREVENTION EVALUATION PLAN.—The Secretary of Defense shall use the sexual assault prevention and 

response evaluation plan developed under section 1602(c) to ensure 

that the Armed Forces implement and comply with assessment 

and evaluation standards issued under subsection (a). 

SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF 

CENTRALIZED DEPARTMENT OF DEFENSE SEXUAL 

ASSAULT DATABASE. 

(a) REPORT AND PLAN REQUIRED.—Not later than April 1, 2011, 

the Secretary of Defense 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. 

10 USC 1561 

note. 

10 USC 1561 

note. 

Deadline. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4433 

SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS. 

The Secretary of Defense shall clarify the limitations on the 

ability of a member of the Armed Forces to make a restricted 

report regarding the occurrence of a sexual assault and the circumstances under which information contained in a restricted 

report may no longer be confidential. 

Subtitle B—Improved and Expanded 

Availability of Services 

SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE 

FOR VICTIMS OF SEXUAL ASSAULT. 

The Secretary of Defense shall establish comprehensive and 

consistent protocols for providing and documenting medical care 

to a member of the Armed Forces or covered beneficiary who is 

a victim of a sexual assault, including protocols with respect to 

the appropriate screening, prevention, and mitigation of diseases. 

In establishing the protocols, the Secretary shall take into consideration the gender of the victim. 

SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE 

SERVICES. 

(a) AVAILABILITY OF VICTIM ADVOCATE SERVICES.— (1) AVAILABILITY.—A member of the Armed Forces or a 

dependent, as described in paragraph (2), who is the victim 

of a sexual assault is entitled to assistance provided by a 

qualified Sexual Assault Victim Advocate. 

(2) COVERED DEPENDENTS.—The assistance described in 

paragraph (1) is available to a dependent of a member of 

the Armed Forces who is the victim of a sexual assault and 

who resides on or in the vicinity of a military installation. 

The Secretary concerned shall define the term ‘‘vicinity’’ for 

purposes of this paragraph. 

(b) NOTICE OF AVAILABILITY OF ASSISTANCE; OPT OUT.—The 

member or dependent shall be informed of the availability of assistance under subsection (a) as soon as the member or dependent 

seeks assistance from a Sexual Assault Response Coordinator. The 

victim shall also be informed that the services of a Sexual Assault 

Response Coordinator and Sexual Assault Victim Advocate are 

optional and that these services may be declined, in whole or 

in part, at any time. 

(c) NATURE OF REPORTING IMMATERIAL.—In the case of a 

member of the Armed Forces, Victim Advocate services are available 

regardless of whether the member elects unrestricted or restricted 

(confidential) reporting of the sexual assault. 

Subtitle C—Reporting Requirements 

SEC. 1631. ANNUAL REPORT REGARDING SEXUAL ASSAULTS 

INVOLVING MEMBERS OF THE ARMED FORCES AND 

IMPROVEMENT TO SEXUAL ASSAULT PREVENTION AND 

RESPONSE PROGRAM. 

(a) ANNUAL REPORTS ON SEXUAL ASSAULTS.—Not later than 

March 1, 2012, and each March 1 thereafter through March 1, 

2017, the Secretary of each military department shall submit to 

10 USC 1561 

note. 

10 USC 1561 

note. 

10 USC 1561 

note. 


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124 STAT. 4434 PUBLIC LAW 111–383—JAN. 7, 2011 

the Secretary of Defense a report on the sexual assaults involving 

members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary 

of the Navy, separate reports shall be prepared for the Navy and 

for the Marine Corps. 

(b) CONTENTS.—The report of a Secretary of a military department for an Armed Force under subsection (a) shall contain the 

following: 

(1) The number of sexual assaults committed against members of the Armed Force that were reported to military officials 

during the year covered by the report, and the number of 

the cases so reported that were substantiated. 

(2) The number of sexual assaults committed by members 

of the Armed Force that were reported to military officials 

during the year covered by the report, and the number of 

the cases so reported that were substantiated. The information 

required by this paragraph may not be combined with the 

information required by paragraph (1). 

(3) A synopsis of each such substantiated case, organized 

by offense, and, for each such case, the action taken in the 

case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial 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 


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(2) such assessments on the reports as the Secretary of 

Defense considers appropriate. 

(e) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.— 

(1) REPEAL.—Subsection (f) of section 577 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 10 U.S.C. 113 note) is repealed. 

(2) SUBMISSION OF 2010 REPORT.—The reports required by 

subsection (f) of section 577 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375; 10 U.S.C. 113 note) covering calendar year 2010 are 

still required to be submitted to the Secretary of Defense and 

the Committees on Armed Services of the Senate and House 

of Representatives pursuant to the terms of such subsection, 

as in effect before the date of the enactment of this Act. 

SEC. 1632. ADDITIONAL REPORTS. 

(a) EXTENSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE

SERVICES TO ADDITIONAL PERSONS.—The Secretary of Defense shall 

evaluate the feasibility of extending department sexual assault 

prevention and response services to Department of Defense civilian 

employees and employees of defense contractors who— 

(1) are victims of a sexual assault; and 

(2) work on or in the vicinity of a military installation 

or with members of the Armed Forces. 

(b) EXTENSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE

PROGRAM TO RESERVE COMPONENTS.—The Secretary of Defense 

shall evaluate the application of the sexual assault prevention and 

response program to members of the reserve components, including, 

at a minimum, the following: 

(1) The ability of members of the reserve components to 

access the services available under the sexual assault prevention and response program, including policies and programs 

of a specific military department or Armed Force. 

(2) The quality of training provided to Sexual Assault 

Response Coordinators and Sexual Assault Victim Advocates 

in the reserve components. 

(3) The degree to which the services available for regular 

and reserve members under the sexual assault prevention and 

response program are integrated. 

(4) Such recommendations as the Secretary of Defense 

considers appropriate on how to improve the services available 

for reserve members under the sexual assault prevention and 

response program and their access to the services. 

(c) COPY OF RECORD OF COURT-MARTIAL TO VICTIM OF SEXUAL

ASSAULT.—The Secretary of Defense shall evaluate the feasibility 

of requiring that a copy of the prepared record of the proceedings 

of a general or special court-martial involving a sexual assault 

be given to the victim in cases in which the victim testified during 

the proceedings. 

(d) ACCESS TO LEGAL ASSISTANCE.—The Secretary of Defense 

shall evaluate the feasibility of authorizing members of the Armed 

Forces who are victims of a sexual assault and dependents of 

members who are victims of a sexual assault to receive legal assistance provided by a military legal assistance counsel certified as 

competent to provide legal assistance related to responding to sexual 

assault. 

Evaluations. 

10 USC 1561 

note. 


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(e) USE OF FORENSIC MEDICAL EXAMINERS.—The Secretary of 

Defense shall evaluate the feasibility of utilizing, when sexual 

assaults involving members of the Armed Forces occur in a military 

environment where civilian resources are limited or unavailable, 

forensic medical examiners who are specially trained regarding 

the collection and preservation of evidence in cases involving sexual 

assault. 

(f) SUBMISSION OF RESULTS.—The Secretary of Defense shall 

submit the results of the evaluations required by this section to 

the Committees on Armed Services of the Senate and House of 

Representatives. 

DIVISION 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. 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2011. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4437 

TITLE XXI—ARMY MILITARY 

CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Use of unobligated Army military construction funds in conjunction with 

funds provided by the Commonwealth of Virginia to carry out certain 

fiscal year 2002 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2010 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects. 

SECTION 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104(1), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the 

following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ..................... Fort Rucker ............................................. $69,650,000 

Alaska ......................... Fort Greely .............................................. $26,000,000 

Fort Richardson ...................................... $113,238,000 

Fort Wainwright ..................................... $173,000,000 

California .................... Presidio Monterey ................................... $140,000,000 

Colorado ...................... Fort Carson ............................................. $106,350,000 

Florida ........................ Eglin Air Force Base .............................. $6,900,000 

Miami-Dade County ............................... $41,000,000 

Georgia ....................... Fort Benning ........................................... $145,400,000 

Fort Gordon ............................................. $4,150,000 

Fort Stewart ............................................ $125,250,000 

Hawaii ........................ Fort Shafter ............................................ $81,000,000 

Schofield Barracks .................................. $212,000,000 

Tripler Army Medical Center ................ $28,000,000 

Kansas ........................ Fort Leavenworth ................................... $7,100,000 

Fort Riley ................................................ $57,100,000 

Kentucky .................... Fort Campbell ......................................... $143,900,000 

Fort Knox ................................................ $18,800,000 

Louisiana .................... Fort Polk ................................................. $63,250,000 

Maryland .................... Aberdeen Proving Ground ..................... $14,600,000 

Fort Meade .............................................. $32,600,000 

Missouri ...................... Fort Leonard Wood ................................. $111,700,000 

New Mexico ................ White Sands ............................................ $29,000,000 

New York .................... Fort Drum ............................................... $228,800,000 

U.S. Military Academy ........................... $132,324,000 

North Carolina ........... Fort Bragg ............................................... $310,900,000 

Oklahoma ................... Fort Sill ................................................... $13,800,000 

McAlester Army Ammunition Plant ..... $3,000,000 

South Carolina ........... Fort Jackson ............................................ $91,000,000 

Texas ........................... Fort Bliss ................................................. $149,950,000 

Fort Hood ................................................ $145,050,000 

Fort Sam Houston .................................. $22,200,000 

Virginia ....................... Fort A.P. Hill .......................................... $93,600,000 

Fort Eustis .............................................. $18,000,000 

Fort Lee ................................................... $18,400,000 


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124 STAT. 4438 PUBLIC LAW 111–383—JAN. 7, 2011 

Army: Inside the United States—Continued 

State Installation or Location Amount 

Washington ................ Fort Lewis ............................................... $171,800,000 

Yakima Firing Range ............................. $3,750,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104(2), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the installations or locations 

outside the United States, and in the amounts, set forth in the 

following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................. Bagram ................................................... $101,500,000 

Germany ...................... Ansbach .................................................. $31,800,000 

Grafenwoehr .......................................... $75,500,000 

Rhine Ordnance Barracks .................... $35,000,000 

Sembach Air Base ................................. $9,100,000 

Wiesbaden Air Base .............................. $126,500,000 

Honduras ..................... Soto Cano Air Base ............................... $20,400,000 

Korea ............................ Camp Walker ......................................... $19,500,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Alaska .......................... Fort Wainwright ......... 110 ................. $21,000,000 

Germany ...................... Baumholder ................. 64 ................... $34,329,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(5)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $2,040,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(5)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not 

to exceed $35,000,000. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4439 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction, land 

acquisition, and military family housing functions of the Department of the Army in the total amount of $4,565,507,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $3,152,562,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $419,300,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$23,000,000. 

(4) For host nation support and architectural and 

engineering services and construction design under section 2807 

of title 10, United States Code, $249,636,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $92,369,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $518,140,000. 

(6) For the construction of increment 4 of a brigade complex 

operations support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act 

for Fiscal Year 2008 (division B of Public Law 110–181; 122 

Stat. 505), $25,000,000. 

(7) For the construction of increment 4 of a brigade complex 

barracks and community support facility at Vicenza, Italy, 

authorized by section 2101(b) of the Military Construction 

Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 505), $26,000,000. 

(8) For the construction of increment 2 of the Command 

and Battle Center at Wiesbaden, Germany, authorized by section 2101(b) of the Military Construction Authorization Act 

for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4662), $59,500,000. 

SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION 

FUNDS IN CONJUNCTION WITH FUNDS PROVIDED BY THE 

COMMONWEALTH OF VIRGINIA TO CARRY OUT CERTAIN 

FISCAL YEAR 2002 PROJECT. 

(a) FIRE STATION AT FORT BELVOIR, VIRGINIA.—Section 2836(d) 

of the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1314), as amended 

by section 2846 of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 

3527) and section 2849 of the Military Construction Authorization 

Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 

Stat. 2486), is further amended— 

(1) in paragraph (2), by inserting ‘‘through a project for 

construction of an Army standard-design, two-company fire station at Fort Belvoir, Virginia,’’ after ‘‘Building 191’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) The Secretary may use up to $3,900,000 of available, unobligated Army military construction funds appropriated for a fiscal 


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124 STAT. 4440 PUBLIC LAW 111–383—JAN. 7, 2011 

year before fiscal year 2011, in conjunction with the funds provided 

under paragraph (1), for the project described in paragraph (2).’’. 

(b) CONGRESSIONAL NOTIFICATION.—The Secretary of the Army 

shall provide information, in accordance with section 2851(c) of 

title 10, United States Code, regarding the project described in 

the amendment made by subsection (a). If it becomes necessary 

to exceed the estimated project cost of $8,780,000, including 

$4,880,000 contributed by the Commonwealth of Virginia, the Secretary shall utilize the authority provided by section 2853 of such 

title regarding authorized cost and scope of work variations. 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2009 PROJECT. 

The table in section 2101(b) of the Military Construction 

Authorization Act for Fiscal Year 2009 (division B of Public Law 

110–417; 122 Stat. 4661) is amended by striking ‘‘Katterbach’’ and 

inserting ‘‘Grafenwoehr’’. 

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2628) 

for Fort Riley, Kansas, for construction of a Brigade Complex at 

the installation, the Secretary of the Army may construct up to 

a 40,100 square-feet brigade headquarters consistent with the 

Army’s construction guidelines for brigade headquarters. 

SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2008 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B 

of Public Law 110–181; 122 Stat. 503), authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (122 Stat. 504), shall remain in effect until October 1, 2011, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Georgia ............. Fort Stewart Unit Operations Facilities .............................. $16,000,000 

Hawaii .............. Schofield Barracks Tactical Vehicle Wash 

Facility ....................... $10,200,000 

Barracks ComplexWheeler 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 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4441 

TITLE XXII—NAVY MILITARY 

CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Technical amendment to reflect multi-increment fiscal year 2010 project. 

Sec. 2206. Extension of authorization of certain fiscal year 2008 project. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(1), 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the 

following table: 

Inside the United States 

State Installation or Location Amount 

Alabama ..................... Mobile ...................................................... $29,082,000 

Arizona ....................... Marine Corps Air Station, Yuma .......... $285,060,000 

California .................... Marine Corps Base, Camp Pendleton ... $362,124,000 

Naval Base, Coronado ............................ $67,160,000 

Marine Corps Air Station, Miramar ..... $190,610,000 

San Diego ................................................ $193,706,000 

Marine Corps Base, Twentynine Palms $53,158,000 

Florida ........................ Blount Island Command ........................ $74,620,000 

Georgia ....................... Naval Submarine Base, Kings Bay ....... $60,664,000 

Hawaii ........................ Marine Corps Base, Camp Smith .......... $29,960,000 

Marine Corps Base, Kaneohe Bay ........ $109,660,000 

Naval Station, Pearl Harbor .................. $108,468,000 

Maryland .................... Naval Support Facility, Indian Head ... $34,328,000 

Naval Air Station, Patuxent River ........ $42,211,000 

North Carolina ........... Marine Corps Base, Camp Lejeune ...... $789,393,000 

Marine Corps Air Station, Cherry Point $65,510,000 

Rhode Island .............. Naval Station, Newport ......................... $27,007,000 

South Carolina ........... Marine Corps Air Station, Beaufort ...... $129,410,000 

Virginia ....................... Naval Station, Norfolk ........................... $12,435,000 

Marine Corps Base, Quantico ................ $143,632,000 

Washington ................ Bangor ..................................................... $56,893,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(2), 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the installation or location 

outside the United States, and in the amounts, set forth in the 

following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain ....................... Southwest Asia ........................................ $213,153,000 

Djibouti ........................ Camp Lemonier ........................................ $11,148,000 

Guam ........................... Naval Activities, Guam ........................... $66,730,000 

Japan ........................... Atsugi Naval Air Facility ........................ $6,908,000 

Spain ........................... Naval Station, Rota ................................. $23,190,000 


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124 STAT. 4442 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(5)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

Cuba .......... Guantanamo Bay ............................... 71 $37,169,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(5)(A), the Secretary of the Navy may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $3,255,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may 

improve existing military family housing units in an amount not 

to exceed $146,020,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction, land 

acquisition, and military family housing functions of the Department of the Navy in the total amount of $4,068,963,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $2,865,001,000. 

(2) For military construction projects outside the United 

States authorized by section 2201(b), $321,129,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$20,877,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$120,050,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $186,444,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $366,346,000. 

(6) For the construction of increment 7 of a limited area 

production and storage complex at Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108– 

375; 118 Stat. 2106), $19,116,000. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4443 

(7) For the construction of increment 2 of a ship repair 

pier replacement at Norfolk Naval Shipyard, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111– 

84; 123 Stat. 2633), $100,000,000. 

(8) For the construction of increment 2 of a wharves 

improvement at Apra Harbor, Guam, authorized by section 

2201(b) of the Military Construction Authorization Act for 

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 

2633), $40,000,000. 

(9) For the construction of increment 2 of a tertiary water 

treatment plant at Marine Corps Base Camp Pendleton, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public 

Law 111–84; 123 Stat. 2632), $30,000,000. 

SEC. 2205. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT 

FISCAL YEAR 2010 PROJECT. 

Section 2204 of the Military Construction Authorization Act 

for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 

2634) is amended— 

(1) in subsection (a), by adding at the end the following 

new paragraph: 

‘‘(14) For the construction of the first increment of a tertiary 

water treatment plant at Marine Corps Base, Camp Pendleton, 

California, authorized by section 2201(a), $112,330,000.’’; and 

(2) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(7) $30,000,000 (the balance of the amount authorized 

under section 2201(a) for North Region Tertiary Treatment 

Plant, Camp Pendleton, California).’’. 

SEC. 2206. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2008 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B 

of Public Law 110–181; 122 Stat. 503), the authorization set forth 

in the table in subsection (b), as provided in section 2201(c) of 

that Act (122 Stat. 511), shall remain in effect until October 1, 

2011, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2008 Project Authorization 

Location Installation or 

Location Project Amount 

Worldwide ........ Unspecified ......... Host Nation Infrastructure ............................... $2,700,000 

TITLE XXIII—AIR FORCE MILITARY 

CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 


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124 STAT. 4444 PUBLIC LAW 111–383—JAN. 7, 2011 

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 

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 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4445 

Air Force: Outside the United States—Continued 

Country Installation or Location Amount 

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. 

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 


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124 STAT. 4446 PUBLIC LAW 111–383—JAN. 7, 2011 

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. 

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 


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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

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 

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 


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124 STAT. 4448 PUBLIC LAW 111–383—JAN. 7, 2011 

authorized to be appropriated as the total quantity of energy consumed by reserve facilities (as defined in section 18232(2) of title 

10, United States Code) during fiscal year 2010 bears to the total 

quantity of energy consumed by all military installations (as defined 

in section 2687(e)(1) of such title) during that fiscal year, as determined by the Secretary. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction, land 

acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total 

amount of $3,116,137,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $1,373,312,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $382,419,000. 

(3) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, $42,856,000. 

(4) For contingency construction projects of the Secretary 

of Defense under section 2804 of title 10, United States Code, 

$10,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$431,617,000. 

(6) For energy conservation projects under chapter 173 

of title 10, United States Code, $120,000,000. 

(7) For military family housing functions: 

(A) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $50,464,000. 

(B) For credits to the Department of Defense Family 

Housing Improvement Fund under section 2883 of title 

10, United States Code, and the Homeowners Assistance 

Fund established under section 1013 of the Demonstration 

Cities and Metropolitan Development Act of 1966 (42 

U.S.C. 3374), $17,611,000. 

(8) For the construction of increment 5 of the Army Medical 

Research Institute of Infectious Diseases Stage I at Fort 

Detrick, Maryland, authorized by section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2007 (division 

B of Public Law 109–364; 120 Stat. 2457), $17,400,000. 

(9) For the construction of increment 3 of replacement 

fuel storage facilities at Point Loma Annex, California, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110– 

181; 122 Stat. 521), as amended by section 2406 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division 

B of Public Law 111–84; 123 Stat. 2646), $20,000,000. 

(10) For the construction of increment 3 of the United 

States Army Medical Research Institute of Chemical Defense 

replacement facility at Aberdeen Proving Ground, Maryland, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2009 (division B of Public 

Law 110–417; 122 Stat. 4689), $105,000,000. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4449 

(11) For the construction of increment 3 of a National 

Security Agency data center at Camp Williams, Utah, authorized as a Military Construction, Defense-Wide project by the 

Supplemental Appropriations Act, 2009 (Public Law 111–32; 

123 Stat. 1888), $398,358,000. 

(12) For the construction of increment 2 of the hospital 

at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2642), $147,100,000. 

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECTS. 

(a) AUTHORIZATION OF PROJECT FOR WHICH FUNDS HAVE BEEN

APPROPRIATED.— 

(1) AUTHORIZATION.—The table relating to the Missile 

Defense Agency in section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2010 (division B of Public 

Law 111–84; 123 Stat. 2641) is amended by adding at the 

end the following: 

Worldwide Unspecified .... Range Facility ......................................... $68,500,000 

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 2404(a)(1) 

of that Act (123 Stat. 2644) is amended by striking 

‘‘$1,048,783,000’’ and inserting ‘‘$1,117,283,000’’. 

(3) PROJECT DESCRIPTION.—In the case of the authorization 

contained in the amendment made by paragraph (1), the 

authorized project relates to an Aegis ashore test facility for 

which funds were made available by title I of the Military 

Construction and Veterans Affairs and Related Agencies Appropriations Act, 2010 (division E of Public Law 111–117; 123 

Stat. 3286) under the heading ‘‘MILITARY CONSTRUCTION, 

DEFENSE-WIDE’’. 

(b) PURPOSE OF FORT BRAGG PROJECT.—In the case of the 

authorization contained in the table relating to the TRICARE 

Management Activity in section 2401(a) of the Military Construction 

Authorization Act of Fiscal Year 2010 (division B of Public Law 

111–84; 123 Stat. 2642) for Fort Bragg, North Carolina, for construction of a Health Clinic at the installation, the Secretary of Defense 

may construct a Behavioral Health clinic that predominantly provides behavioral health specialty care. 

Subtitle B—Chemical Demilitarization 

Authorizations 

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for military construction and 

land acquisition for chemical demilitarization in the total amount 

of $124,971,000, as follows: 

(1) For the construction of phase 12 of a chemical munitions 

demilitarization facility at Pueblo Chemical Activity, Colorado, 

authorized by section 2401(a) of the Military Construction 


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124 STAT. 4450 PUBLIC LAW 111–383—JAN. 7, 2011 

Authorization Act for Fiscal Year 1997 (division B of Public 

Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839), section 

2407 of the Military Construction Authorization Act for Fiscal 

Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 

and section 2413 of the Military Construction Authorization 

Act for Fiscal Year 2009 (division B of Public Law 110–417; 

122 Stat. 4697), $65,569,000. 

(2) For the construction of phase 11 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 

65; 113 Stat. 835), as amended by section 2405 of the Military 

Construction Authorization Act for Fiscal Year 2002 (division 

B of Public Law 107–107; 115 Stat. 1298), section 2405 of 

the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), and 

section 2414 of the Military Construction Authorization Act 

for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4697), and section 2412 of this Act, $59,402,000. 

SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2000 PROJECT. 

(a) MODIFICATION.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B 

of Public Law 106–65; 113 Stat. 835), as amended by section 2405 

of the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1298), section 2405 

of the Military Construction Authorization Act for Fiscal Year 2003 

(division B of Public Law 107–314; 116 Stat. 2698), and section 

2414 of the Military Construction Authorization Act for Fiscal Year 

2009 (division B of Public Law 110–417; 122 Stat. 4697), is 

amended— 

(1) in the item relating to Blue Grass Army Depot, Kentucky, by striking ‘‘$492,000,000’’ in the amount column and 

inserting ‘‘$746,000,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$1,203,920,000’’. 

(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division 

B of Public Law 106–65; 113 Stat. 839), as amended by section 

2405 of the Military Construction Authorization Act for Fiscal Year 

2002 (division B of Public Law 107–107; 115 Stat. 1298), section 

2405 of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), and 

section 2414 of the Military Construction Authorization Act for 

Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4697), is further amended by striking ‘‘$469,200,000’’ and inserting 

‘‘$723,200,000’’. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4451 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501, in the amount of $258,884,000. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects. 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606(1), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army National Guard 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Army National Guard: Inside the United States 

State Location Amount 

Arizona .................... Florence ....................................................... $16,500,000 

Arkansas ................. Camp Robinson .......................................... $30,000,000 

Fort Chaffee ................................................ $21,500,000 

California ................ Camp Roberts ............................................. $19,000,000 

Colorado .................. Colorado Springs ........................................ $20,000,000 

Fort Carson ................................................. $40,000,000 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

Gypsum ....................................................... $39,000,000 

Windsor ....................................................... $7,500,000 

Connecticut ............. Windsor Locks ............................................ $41,000,000 

Delaware ................. New Castle .................................................. $27,000,000 

Georgia .................... Cumming .................................................... $17,000,000 

Dobbins Air Reserve Base ......................... $10,400,000 

Hawaii ..................... Kalaeloa ...................................................... $38,000,000 

Idaho ....................... Gowen Field ................................................ $17,500,000 

Mountain Home .......................................... $6,300,000 

Illinois ..................... Springfield .................................................. $15,000,000 

Kansas .................... Wichita ........................................................ $67,000,000 

Kentucky ................. Burlington ................................................... $19,500,000 

Louisiana ................ Fort Polk ..................................................... $5,500,000 

Minden ........................................................ $28,000,000 

Maryland ................ St. Inigoes ................................................... $5,500,000 

Massachusetts ........ Hanscom Air Force Base ........................... $23,000,000 

Michigan ................. Camp Grayling Range ............................... $19,000,000 

Minnesota ............... Arden Hills ................................................. $29,000,000 

Camp Ripley ............................................... $8,750,000 

Nebraska ................. Lincoln ........................................................ $3,300,000 

Mead ............................................................ $11,400,000 

New Hampshire ..... Pembroke .................................................... $36,000,000 

New Mexico ............ Farmington ................................................. $8,500,000 

North Carolina ....... High Point ................................................... $1,551,000 

North Dakota ......... Camp Grafton ............................................. $11,200,000 

Rhode Island ........... East Greenwich .......................................... $27,000,000 

South Dakota .......... Watertown .................................................. $25,000,000 

Texas ....................... Camp Maxey ............................................... $2,500,000 

Camp Swift ................................................. $2,600,000 

Washington ............. Tacoma ........................................................ $25,000,000 

West Virginia ......... Moorefield ................................................... $14,200,000 

Morgantown ................................................ $21,000,000 

Wisconsin ................ Madison ....................................................... $5,700,000 

Wyoming ................. Laramie ....................................................... $14,400,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606(1), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army National Guard 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam ............................. Barrigada .............................................. $19,000,000 

Virgin Islands ............... St. Croix ................................................ $25,000,000 

Puerto Rico ................... Camp Santiago ..................................... $12,300,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(2), the Secretary of the Army may 

acquire real property and carry out military construction projects 

for the Army Reserve locations inside the United States, and in 

the amounts, set forth in the following table: 


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Army Reserve 

State Location Amount 

California ...................... Fairfield ................................................ $26,000,000 

Fort Hunter Liggett ............................. $52,000,000 

Florida ........................... North Fort Myers ................................. $13,800,000 

Orlando ................................................. $10,200,000 

Tallahasee ............................................. $10,400,000 

Georgia .......................... Macon .................................................... $11,400,000 

Illinois ........................... Quincy ................................................... $12,200,000 

Indiana .......................... Michigan City ....................................... $15,500,000 

Iowa ............................... Des Moines ........................................... $8,175,000 

Massachusetts .............. Devens Reserve Forces Training Area $4,700,000 

Missouri ........................ Belton .................................................... $11,800,000 

New Mexico .................. Las Cruces ............................................ $11,400,000 

New York ...................... Binghamton .......................................... $13,400,000 

Texas ............................. Denton ................................................... $12,600,000 

Rio Grande ............................................ $6,100,000 

San Marcos ........................................... $8,500,000 

Virginia ......................... Fort A.P. Hill ........................................ $15,500,000 

Fort Story ............................................. $11,000,000 

Roanoke ................................................ $14,800,000 

Wisconsin ...................... Fort McCoy ........................................... $19,800,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(3), the Secretary of the Navy may 

acquire real property and carry out military construction projects 

for the Navy Reserve and Marine Corps Reserve locations inside 

the United States, and in the amounts, set forth in the following 

table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California ....................... Marine Corps Base, Twentynine 

Palms ................................................ $5,991,000 

Louisiana ....................... New Orleans ........................................ $16,281,000 

Virginia .......................... Williamsburg ....................................... $21,346,000 

Washington .................... Yakima ................................................. $13,844,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(4), the Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the Air National Guard locations inside the United 

States, and in the amounts, set forth in the following table: 

Air National Guard 

State Location Amount 

Alabama ........................ Montgomery Regional Airport (ANG) $7,472,000 

Arizona .......................... Davis Monthan Air Force Base ........... $4,650,000 

Fort Huachuca ...................................... $11,000,000 

Delaware ....................... New Castle County Airport ................. $1,500,000 

Florida ........................... Jacksonville International Airport ..... $6,700,000 


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Air National Guard—Continued 

State Location Amount 

Georgia .......................... Savannah/Hilton Head International 

Airport ............................................... $7,450,000 

Hawaii ........................... Hickam Air Force Base ........................ $71,450,000 

Illinois ........................... Capital Municipal Airport ................... $16,700,000 

Indiana .......................... Hulman Regional Airport .................... $4,100,000 

Maryland ....................... Martin State Airport ............................ $11,400,000 

New York ...................... Fort Drum ............................................. $2,500,000 

Stewart International Airport ............. $14,250,000 

North Carolina ............. Stanly County Airport ......................... $2,000,000 

Pennsylvania ................ State College Air National Guard Station ..................................................... $4,100,000 

Tennessee ...................... Nashville International Airport .......... $5,500,000 

Texas ............................. Ellington Field ...................................... $7,000,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(5), the Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the Air Force Reserve location inside the United States, 

and in the amount, set forth in the following table: 

Air Force Reserve 

State Location Amount 

Florida ............................ Patrick Air Force Base ....................... $3,420,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), in the following 

amounts: 

(1) For the Department of the Army, for the Army National 

Guard of the United States, $873,664,000. 

(2) For the Department of the Army, for the Army Reserve, 

$318,175,000. 

(3) For the Department of the Navy, for the Navy and 

Marine Corps Reserve, $61,557,000. 

(4) For the Department of the Air Force, for the Air 

National Guard of the United States, $194,986,000. 

(5) For the Department of the Air Force, for the Air Force 

Reserve, $7,832,000. 

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2008 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B 

of Public Law 110–181; 122 Stat. 503), the authorization set forth 

in the tables in subsection (b), as provided in section 2601 and 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4455 

2604 of that Act, shall remain in effect until October 1, 2011, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2012, whichever is later. 

(b) TABLE.—The tables referred to in subsection (a) are as 

follows: 

Army National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Pennsylvania East Fallowfield 

Township ........ Readiness Center (SBCT) ......... $ 8,300,000 

Air National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Vermont ........... Burlington ......... Base Security Improvements $ 6,600,000 

TITLE XXVII—BASE REALIGNMENT AND 

CLOSURE ACTIVITIES 

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

BRAC initiative. 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for base realignment and closure activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 1990 established by section 2906 

of such Act, in the total amount of $360,474,000, as follows: 

(1) For the Department of the Army, $73,600,000. 

(2) For the Department of the Navy, $162,000,000. 

(3) For the Department of the Air Force, $124,874,000. 

SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 

CLOSURE ACCOUNT 2005. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2703, the Secretary of Defense may carry 

out base realignment and closure activities, including real property 

acquisition and military construction projects, as authorized by 

the Defense Base Closure and Realignment Act of 1990 (part A 

of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 


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funded through the Department of Defense Base Closure Account 

2005 established by section 2906A of such Act, in the amount 

of $2,354,285,000. 

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

2005. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, for base realignment and closure activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 2005 established by section 2906A 

of such Act, in the total amount of $2,354,285,000. 

SEC. 2704. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER 

FORT BELVOIR, VIRGINIA, BRAC INITIATIVE. 

(a) SUBMISSION OF TRANSPORTATION PLAN.—Not later than 90 

days after the date of the enactment of this Act, the Secretary 

of the Army shall submit to the congressional defense committees 

a transportation plan for the BRAC 133 project. 

(b) TRANSPORTATION PLAN CONDITIONS.—The transportation 

plan for the BRAC 133 project must address ingress and egress 

of all personnel to and from the BRAC 133 project site. The 

transportation plan shall also assess the costs and programming 

of short-, medium-, and long-term projects, and the use of other 

methods of transportation, that are necessary to maintain existing 

level of service, and the proposed funding source to obtain such 

levels of service, at the following six intersections 

(1) The intersection of Beauregard Street and Mark Center 

Drive. 

(2) The intersection of Beauregard Street and Seminary 

Road. 

(3) The intersection of Seminary Road and Mark Center 

Drive. 

(4) The intersection of Seminary Road and the northbound 

entrance-ramp to I–395. 

(5) The intersection of Seminary Road and the northbound 

exit-ramp from I–395. 

(6) The intersection of Seminary Road and the southbound 

exit-ramp from I–395. 

(c) INSPECTOR GENERAL REPORT.—Not later than September 

15, 2011, the Inspector General of the Department of Defense 

shall submit to the congressional defense committees a report evaluating the sufficiency and coordination conducted in completing the 

requisite environmental studies associated with the site selection 

of the BRAC 133 project pursuant to the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Inspector General 

shall give specific attention to the transportation determinations 

associated with the BRAC 133 project and review and provide 

comment on the transportation plan for the BRAC 133 project 

and the plan’s adherence to the conditions imposed by subsection 

(b). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘BRAC 133 project’’ refers to the proposed 

office complex to be developed at an established mixed-use 

Deadline. 


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business park in Alexandria, Virginia, to implement recommendation 133 of the Defense Base Closure and Realignment 

Commission contained in the report of the Commission transmitted to Congress on September 15, 2005, under section 

2903(e) of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note). 

(2) The term ‘‘level of service’’ has the meaning given 

that term in the most-recent Highway Capacity Manual of 

the Transportation Research Board. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Availability of military construction information on Internet. 

Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for construction or alteration at Pentagon Reservation. Sec. 2803. Reduced reporting time limits for certain military construction and real 

property reports when submitted in electronic media. Sec. 2804. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. Sec. 2805. Sense of Congress and report regarding employment of veterans to work 

on military construction projects. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Notice-and-wait requirements applicable to real property transactions. 

Sec. 2812. Treatment of proceeds generated from leases of non-excess property involving military museums. 

Sec. 2813. Limitation on enhanced use leases of non-excess property. 

Sec. 2814. Repeal of expired authority to lease land for special operations activities. 

Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Extension of term of Deputy Secretary of Defense’s leadership of Guam 

Oversight Council. 

Sec. 2822. Utility conveyances to support integrated water and wastewater treatment system on Guam. 

Sec. 2823. Report on types of facilities required to support Guam realignment. 

Sec. 2824. Report on civilian infrastructure needs for Guam. 

Subtitle D—Energy Security 

Sec. 2831. Consideration of environmentally sustainable practices in Department 

energy performance plan. 

Sec. 2832. Enhancement of energy security activities of the Department of Defense. 

Subtitle E—Land Conveyances 

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

Sec. 2842. Land conveyance, Fort Knox, Kentucky. 

Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New Orleans, 

Louisiana. 

Sec. 2844. Land conveyance, former Navy Extremely Low Frequency communications project site, Republic, Michigan. 

Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington, North 

Carolina. 

Subtitle F—Other Matters 

Sec. 2851. Limitation on availability of funds pending report regarding construction 

of a new outlying landing field in North Carolina and Virginia. 

Sec. 2852. Requirements related to providing world class military medical centers. 

Sec. 2853. Report on fuel infrastructure sustainment, restoration, and modernization requirements. 

Sec. 2854. Naming of Armed Forces Reserve Center, Middletown, Connecticut. 

Sec. 2855. Sense of Congress on proposed extension of the Alaska Railroad corridor 

across Federal land in Alaska. 


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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 PRO- VIDED.—Paragraph (2) of subsection (c) of section 2851 of title 

10, United States Code, is amended— 

(1) by striking subparagraph (F); and 

(2) by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. 

(b) EXPANDED AVAILABILITY OF INFORMATION.—Such subsection 

is further amended— 

(1) by striking paragraph (3); and 

(2) by redesignating paragraph (4) as paragraph (3). 

(c) CONFORMING AMENDMENTS.—Such subsection is further 

amended— 

(1) in paragraph (1), by striking ‘‘that, when activated 

by a person authorized under paragraph (3), will permit the 

person’’ and inserting ‘‘that will permit a person’’; and 

(2) in paragraph (3), as redesignated by subsection (b)(2)— 

(A) by striking ‘‘to the persons referred to in paragraph 

(3)’’ and inserting ‘‘on the Internet site required by such 

paragraph’’; and 

(B) by striking ‘‘to such persons’’. 

SEC. 2802. USE OF PENTAGON RESERVATION MAINTENANCE 

REVOLVING FUND FOR CONSTRUCTION OR ALTERATION 

AT PENTAGON RESERVATION. 

Section 2674(e) of title 10, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘Monies’’ and inserting 

‘‘Subject to paragraphs (3) and (4), monies’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(3) If the cost of a construction or alteration activity proposed 

to be financed in whole or in part using monies from the Fund 

will exceed the limitation specified in section 2805 of this title 

for a comparable unspecified minor military construction project, 

the activity shall be subject to authorization as provided by section 

2802 of this title before monies from the Fund are obligated for 

the activity. 

‘‘(4) 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 

Expiration date. 


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on which a copy of the notification is provided in an electronic 

medium pursuant to section 480 of this title’’. 

(b) NATO SECURITY INVESTMENT CONTRIBUTIONS.—Section 

2806(c)(2)(B) of such title is amended by inserting before the period 

at the end the following: ‘‘or, if earlier, a period of 14 days has 

elapsed from the date on which a copy of the report is provided 

in an electronic medium pursuant to section 480 of this title’’. 

(c) FORD ISLAND DEVELOPMENT.—Section 2814(g)(2) of such 

title is amended by inserting before the period at the end the 

following: ‘‘or, if earlier, a period of 20 days has elapsed from 

the date on which a copy of the notification is provided in an 

electronic medium pursuant to section 480 of this title’’. 

(d) LEASING OF MILITARY FAMILY HOUSING.—Section 2828(f)(2) 

of such title is amended by inserting before the period at the 

end the following: ‘‘or, if earlier, a period of 14 days has elapsed 

from the date on which a copy of the notification is provided 

in an electronic medium pursuant to section 480 of this title’’. 

(e) LEASING OF MILITARY FAMILY HOUSING TO BE CONSTRUCTED.—Section 2835(g)(2) of such title is amended— 

(1) by striking ‘‘calendar’’; and 

(2) by inserting before the period at the end the following: 

‘‘or, if earlier, a period of 14 days has elapsed from the date 

on which a copy of the analysis is provided in an electronic 

medium pursuant to section 480 of this title’’. 

(f) ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED HOUSING.—Section 2881a(e)(2) of such title is amended 

by inserting before the period at the end the following: ‘‘or, if 

earlier, a period of 20 days has elapsed from the date on which 

a copy of the report is provided in an electronic medium pursuant 

to section 480 of this title’’. 

(g) USE OF MILITARY CONSTRUCTION ALTERNATIVE

AUTHORITY.—Section 2884(a)(4) of such title is amended by 

inserting before the period at the end the following: ‘‘or, if earlier, 

a period of 20 days has elapsed from the date on which a copy 

of the report is provided in an electronic medium pursuant to 

section 480 of this title’’. 

SEC. 2804. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 

FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 

STATES CENTRAL COMMAND AREA OF RESPONSIBILITY. 

(a) INCLUSION OF AREA FORMERLY WITHIN UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY.—Subsection (a) of section 

2808 of the Military Construction Authorization Act for Fiscal Year 

2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended 

by subsections (a) and (b) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public 

Law 111–84; 123 Stat. 2662), is amended by striking ‘‘United States 

Central Command area of responsibility’’ and inserting ‘‘area of 

responsibility of the United States Central Command or the area 

of responsibility and area of interest of Combined Task ForceHorn 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— 

10 USC 2806. 


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(1) by striking ‘‘$300,000,000 in funds available for operation and maintenance for fiscal year 2010 may be used in 

Afghanistan upon completing the prenotification requirements 

under subsection (b)’’ and inserting ‘‘$100,000,000 in funds 

available for operation and maintenance for fiscal year 2011 

may be used in Afghanistan subject to the notification requirements under subsection (b)’’; and 

(2) by striking ‘‘$500,000,000’’ and inserting ‘‘$300,000,000’’. 

(c) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal 

Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), 

as added by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 

123 Stat. 2662), is amended— 

(1) in paragraph (1), by striking ‘‘September 30, 2010’’ 

and inserting ‘‘September 30, 2011’’; and 

(2) in paragraph (2), by striking ‘‘fiscal year 2011’’ and 

inserting ‘‘fiscal year 2012’’. 

(d) DEFINITION.—Section 2808 of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public Law 

108–136; 117 Stat. 1723) is amended by adding at the end the 

following new subsection: 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘area of responsibility’, with respect to the 

Combined Task Force-Horn of Africa, is Kenya, Somalia, Ethiopia, Sudan, Eritrea, Djibouti, and Seychelles. 

‘‘(2) The term ‘area of interest’, with respect to the Combined Task Force-Horn of Africa, is Yemen, Tanzania, Mauritius, Madagascar, Mozambique, Burundi, Rwanda, Comoros, 

Chad, the Democratic Republic of Congo, and Uganda.’’. 

SEC. 2805. SENSE OF CONGRESS AND REPORT REGARDING EMPLOYMENT OF VETERANS TO WORK ON MILITARY CONSTRUCTION PROJECTS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should establish a Veterans to Work program to provide an opportunity for apprentices, who are also veterans, to work on military construction projects. 

(b) REPORT.— 

(1) REPORT REQUIRED.—Not later than 180 days after enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report that includes 

at a minimum the following: 

(A) An assessment of the number of unemployed 

apprentices, who are also veterans, with data presented 

by appropriate age groupings. 

(B) An evaluation of benefits to be derived from establishing a program to employ apprentices, who are also 

veterans, in military construction projects, including the 

impacts of the program on the following: 

(i) Workforce sustainability. 

(ii) Workforce skills enhancement. 

(iii) Short- and long-term cost-effectiveness. 

(iv) Improved veteran employment in sustainable 

wage fields. 

(C) Any challenges, difficulties, or problems projected 

in recruiting apprentices, who are also veterans. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4461 

(2) CONSULTATION.—The Secretary of Defense shall prepare 

the report in consultation with the Secretary of Labor and 

the Secretary of Veterans Affairs. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘apprentice’’ means an individual who is 

employed pursuant to, and individually registered in, a qualified apprenticeship program. 

(2) The term ‘‘qualified apprenticeship program’’ means 

an apprenticeship or other training program that qualifies as 

an employee welfare benefit plan, as defined in section 3(1) 

of the Employee Retirement Income Security Act of 1974 (29 

U.S.C. 1002(1)). 

(3) The term ‘‘veteran’’ has the meaning given such term 

in section 101(2) of title 38, United States Code. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL 

PROPERTY TRANSACTIONS. 

(a) EXCEPTION FOR LEASES UNDER BASE CLOSURE PROCESS.— 

Subsection (a)(1)(C) of section 2662 of title 10, United States Code, 

is amended by inserting after ‘‘United States’’ the following: ‘‘(other 

than a lease or license entered into under section 2667(g) of this 

title)’’. 

(b) REPEAL OF ANNUAL REPORT ON MINOR REAL ESTATE TRANSACTIONS.—Subsection (b) of such section is repealed. 

(c) GEOGRAPHIC SCOPE OF REQUIREMENTS.—Subsection (c) of 

such section is amended— 

(1) by striking ‘‘GEOGRAPHIC SCOPE; EXCEPTED’’ and 

inserting ‘‘EXCEPTED’’; 

(2) by striking the first sentence; and 

(3) by striking ‘‘It does not’’ and inserting ‘‘This section 

does not’’. 

(d) REPEAL OF NOTICE AND WAIT REQUIREMENT REGARDING

GSA LEASES OF SPACE FOR DOD.—Subsection (e) of such section 

is repealed. 

(e) ADDITIONAL REPORTING REQUIREMENTS REGARDING LEASES

OF REAL PROPERTY OWNED BY THE UNITED STATES.—Such section 

is further amended by inserting after subsection (a) the following 

new subsection: 

‘‘(b) ADDITIONAL REPORTING REQUIREMENTS REGARDING LEASES

OF REAL PROPERTY OWNED BY THE UNITED STATES.—(1) In the 

case of a proposed lease or license of real property owned by 

the United States covered by paragraph (1)(C) of subsection (a), 

the Secretary concerned shall comply with the notice-and-wait 

requirements of paragraph (3) of such subsection before— 

‘‘(A) issuing a contract solicitation or other lease offering 

with regard to the transaction; and 

‘‘(B) providing public notice regarding any meeting to discuss a proposed contract solicitation with regard to the transaction. 

‘‘(2) The report under paragraph (3) of subsection (a) shall 

include the following with regard to a proposed transaction covered 

by paragraph (1)(C) of such subsection: 


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‘‘(A) A description of the proposed transaction, including 

the proposed duration of the lease or license. 

‘‘(B) A description of the authorities to be used in entering 

into the transaction. 

‘‘(C) A statement of the scored cost of the entire transaction, 

determined using the scoring criteria of the Office of Management and Budget. 

‘‘(D) A determination that the property involved in the 

transaction is not excess property, as required by section 

2667(a)(3) of this title, including the basis for the determination. 

‘‘(E) A determination that the proposed transaction is 

directly compatible with the mission of the military installation 

or Defense Agency at which the property is located and a 

description of the anticipated long-term use of the property 

at the conclusion of the lease or license. 

‘‘(F) A description of the requirements or conditions within 

the contract solicitation or other lease offering for the person 

making the offer to address taxation issues, including payments-in-lieu-of taxes, and other development issues related 

to local municipalities. 

‘‘(G) If the proposed lease involves a project related to 

energy production, a certification by the Secretary of Defense 

that the project, as it will be specified in the contract solicitation 

or other lease offering, is consistent with the Department of 

Defense performance goals and plan required by section 2911 

of this title. 

‘‘(3) The Secretary concerned may not enter into the actual 

lease or license with respect to property for which the information 

required by paragraph (2) was submitted in a report under subsection (a)(3) unless the Secretary again complies with the 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 

in-kind consideration that will be accepted. 

‘‘(D) A description of any community support facility or 

provision of community support services under the lease or 

license, regardless of whether the facility will be operated by 

a covered entity (as defined in section 2667(d) of this title) 

or the lessee or the services will be provided by a covered 

entity or the lessee. 

‘‘(E) A description of the competitive procedures used to 

select the lessee or, in the case of a lease involving the public 

benefit exception authorized by section 2667(h)(2) of this title, 

a description of the public benefit to be served by the lease.’’. 

(f) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in subsection (a)— 

10 USC 2662. 


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(A) in paragraph (1), by striking ‘‘the Secretary submits’’ in the matter preceding subparagraph (A) and 

inserting ‘‘the Secretary concerned submits’’; and 

(B) in paragraph (3), by striking ‘‘the Secretary of 

a military department or the Secretary of Defense’’ and 

inserting ‘‘the Secretary concerned’’; 

(2) by redesignating subsections (f) and (g) as subsections 

(e) and (f), respectively; 

(3) in subsection (f), as so redesignated— 

(A) in paragraph (1), by striking ‘‘, and the reporting 

requirement set forth in subsection (e) shall not apply 

with respect to a real property transaction otherwise covered by that subsection,’’; 

(B) in paragraph (3), by striking ‘‘or (e), as the case 

may be’’; and 

(C) by striking paragraph (4); and 

(4) by adding at the end the following new subsection: 

‘‘(g) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘Secretary concerned’ includes, with respect to Defense Agencies, 

the Secretary of Defense.’’. 

(g) CONFORMING AMENDMENTS TO LEASE OF NON-EXCESS 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.’’. 

10 USC 2667. 


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SEC. 2814. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR SPECIAL OPERATIONS ACTIVITIES. 

(a) REPEAL.—Section 2680 of title 10, United States Code, is 

repealed. 

(b) EFFECT OF REPEAL.—The amendment made by subsection 

(a) shall not affect the validity of any contract entered into under 

section 2680 of title 10, United States Code, on or before September 

30, 2005. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 159 of such title is amended by striking the item 

relating to section 2680. 

SEC. 2815. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, 

PUERTO RICO. 

(a) STUDY REQUIRED.—At the request of the Commonwealth 

of Puerto Rico, the Secretary of Defense shall conduct a study 

relating to the presence of unexploded ordnance in a portion of 

the former bombardment area at Culebra Island, Puerto Rico, transferred to the Commonwealth of Puerto Rico by quitclaim deed. 

The Secretary shall complete the study within 270 days after 

receiving the request from the Commonwealth. 

(b) CONTENTS OF STUDY.—The study shall include a specific 

assessment of Flamenco Beach located within the former bombardment area and shall include the following elements for each area: 

(1) An estimate of the type and amount of unexploded 

ordnance. 

(2) An estimate of the cost of removing unexploded ordnance. 

(3) An examination of the impact of such removal on any 

endangered or threatened species and their habitat. 

(4) An examination of current public access to the former 

bombardment area. 

(5) An examination of any threats to public health or safety 

and the environment from unexploded ordnance. 

(c) CONSULTATION WITH COMMONWEALTH.—In conducting the 

study, the Secretary of Defense shall consult with the Commonwealth of Puerto Rico regarding the Commonwealth’s planned 

future uses of the former bombardment area. The Secretary shall 

consider the Commonwealth’s planned future uses in developing 

any conclusions or recommendations the Secretary may include 

in the study. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘quitclaim deed’’ refers to the quitclaim deed 

from the United States to the Commonwealth of Puerto Rico, 

signed by the Secretary of the Interior on August 11, 1982, 

for that portion of Tract (1b) consisting of the former bombardment area on the island of Culebra, Puerto Rico. 

(2) The term ‘‘unexploded ordnance’’ has the meaning given 

that term by section 101(e)(5) of title 10, United States Code. 

Deadline. 

10 USC 2680 

note. 


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Subtitle C—Provisions Related to Guam 

Realignment 

SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE’S 

LEADERSHIP OF GUAM OVERSIGHT COUNCIL. 

Subsection (d) of section 132 of title 10, United States Code, 

as added by section 2831(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 

123 Stat. 2669), is amended by striking ‘‘September 30, 2015’’ 

and inserting ‘‘September 30, 2020’’. 

SEC. 2822. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER 

AND WASTEWATER TREATMENT SYSTEM ON GUAM. 

(a) CONVEYANCE OF UTILITIES.—The Secretary of Defense may 

convey to the Guam Waterworks Authority (in this section referred 

to as the ‘‘Authority’’) all right, title, and interest of the United 

States in and to the water and wastewater treatment utility systems 

on Guam, including the Fena Reservoir, for the purpose of establishing an integrated water and wastewater treatment system on 

Guam. 

(b) CONSIDERATION.— (1) CONSIDERATION REQUIRED.—As consideration for the 

conveyance of the water and wastewater treatment utility systems on Guam, the Authority shall pay to the Secretary of 

Defense an amount equal to the fair market value of the 

utility infrastructure to be conveyed, as determined pursuant 

to an agreement between the Secretary and the Authority. 

(2) DEFERRED PAYMENTS.—At the discretion of the 

Authority, the Authority may elect to pay the consideration 

determined under paragraph (1) in equal annual payments 

over a period of not more than 25 years, starting with the 

first year beginning after the date of the conveyance of the 

water and wastewater treatment utility systems to the 

Authority. 

(3) ACCEPTANCE OF IN-KIND SERVICES.—The consideration 

required by paragraph (1) may be paid in cash or in-kind, 

as acceptable to the Secretary of Defense. The Secretary of 

Defense, in consultation with the Secretary of the Interior, 

shall consider the value of in-kind services provided by the 

Government of Guam pursuant to section 311 of the Compact 

of Free Association between the Government of the United 

States and the Government of the Federated States of Micronesia, approved by Congress in the Compact of Free Association 

Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2781), 

section 311 of the Compact of Free Association between the 

Government of the United States and the Government of the 

Republic of the Marshall Islands, approved by Congress in 

such Act, and the Compact of Free Association between the 

Government of the United States and the Government of the 

Republic of 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. 

Time period. 

Payments. 


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(d) IMPLEMENTATION REPORT.— (1) REPORT REQUIRED.—If the Secretary of Defense determines to use the authority provided by subsection (a) to convey 

the water and wastewater treatment utility systems to the 

Authority, the Secretary shall submit to the congressional 

defense committees a report containing— 

(A) a description of the actions needed to efficiently 

convey the water and wastewater treatment utility systems 

to the Authority; and 

(B) an estimate of the cost of the conveyance. 

(2) SUBMISSION.—The Secretary shall submit the report 

not later than 30 days after the date on which the Secretary 

makes the determination triggering the report requirement. 

(e) NEW WATER SYSTEMS.—If the Secretary of Defense determines to use the authority provided by subsection (a) to convey 

the water and wastewater treatment utility systems to the 

Authority, the Secretary shall also enter into an agreement with 

the Authority, under which the Authority will manage and operate 

any water well or wastewater treatment plant that is constructed 

by the Secretary of a military department on Guam on or after 

the date of the enactment of this Act. 

(f) ADDITIONAL TERM AND CONDITIONS.—The Secretary of 

Defense may require such additional terms and conditions in 

connection with the conveyance under this section as the Secretary 

considers appropriate to protect the interests of the United States. 

(g) TECHNICAL ASSISTANCE.— 

(1) ASSISTANCE AUTHORIZED; REIMBURSEMENT.—The Secretary of the Interior, acting through the Commissioner of 

the Bureau of Reclamation, may provide technical assistance 

to the Secretary of Defense and the Authority regarding the 

development of plans for the design, construction, operation, 

and maintenance of integrated water and wastewater treatment 

utility systems on Guam. 

(2) CONTRACTING AUTHORITY; CONDITION.—The Secretary 

of the Interior, acting through the Commissioner of the Bureau 

of Reclamation, may enter into memoranda of understanding, 

cooperative agreements, and other agreements with the Secretary of Defense to provide technical assistance as described 

in paragraph (1) under such terms and conditions as the Secretary of the Interior and the Secretary of Defense consider 

appropriate, except that costs incurred by the Secretary of 

the Interior to provide technical assistance under paragraph 

(1) shall be covered by the Secretary of Defense. 

(3) REPORT AND OTHER ASSISTANCE.—Not later than one 

year after date of the enactment of this Act, the Secretary 

of the Interior and the Secretary of Defense shall submit to 

the congressional defense committees, the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a report 

detailing the following: 

(A) Any technical assistance provided under paragraph 

(1) and information pertaining to any memoranda of understanding, cooperative agreements, and other agreements 

entered into pursuant to paragraph (2). 

(B) An assessment of water and wastewater systems 

on Guam, including cost estimates and budget authority, 

including authorities available under the Acts of June 17, 

Contracts. 


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1902, and June 12, 1906 (popularly known as the Reclamation Act; 43 U.S.C. 391) and other authority available to 

the Secretary of the Interior, for financing the design, 

construction, operation, and maintenance of such systems. 

(C) The needs related to water and wastewater infrastructure on Guam and the protection of water resources 

on Guam identified by the Authority. 

SEC. 2823. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT 

GUAM REALIGNMENT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of the Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the structural 

integrity of facilities required to support the realignment of military 

installations and the relocation of military personnel on Guam. 

(b) CONTENTS OF REPORT.—The report required by subsection 

(a) shall contain the following elements: 

(1) A threat assessment to the realigned forces, including 

natural and manmade threats. 

(2) An evaluation of the types of facilities and the enhanced 

structural requirements required to deter the threat assessment 

specified in paragraph (1). 

(3) An assessment of the costs associated with the enhanced 

structural requirements specified in paragraph (2). 

SEC. 2824. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM. 

(a) REPORT REQUIRED.—The Secretary of the Interior shall prepare a report— 

(1) detailing the civilian infrastructure improvements 

needed on Guam to directly and indirectly support and sustain 

the realignment of military installations and the relocation 

of military personnel on Guam; and 

(2) identifying, to the maximum extent practical, the potential funding sources for such improvements from other Federal 

departments and agencies and from existing authorities and 

funds within the Department of Defense. 

(b) CONSULTATION.—The Secretary of the Interior shall prepare 

the report required by subsection (a) in consultation with the Secretary of Defense, the Government of Guam, and the Interagency 

Group on the Insular Areas established by Executive Order No. 

13537. 

(c) SUBMISSION.—The Secretary of the Interior shall submit 

the report required by subsection (a) to the congressional defense 

committees and the Committee on Natural Resources of the House 

of Representatives, and the Committee on Energy and Natural 

Resources of the Senate not later than 180 days after the date 

of the enactment of this Act. 

Subtitle D—Energy Security 

SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE 

PRACTICES IN DEPARTMENT ENERGY PERFORMANCE 

PLAN. 

Section 2911(c) of title 10, United States Code, is amended— 

(1) in paragraph (4), by inserting ‘‘and hybrid-electric drive’’ 

after ‘‘alternative fuels’’; 

(2) by redesignating paragraph (9) as paragraph (11); 


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(3) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; 

(4) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) Opportunities for the high-performance construction, 

lease, operation, and maintenance of buildings.’’; and 

(5) by inserting after paragraph (9) (as redesignated by 

paragraph (3)) the following new paragraph: 

‘‘(10) The value of incorporating electric, hybrid-electric, 

and high efficiency vehicles into vehicle fleets.’’. 

SEC. 2832. ENHANCEMENT OF ENERGY SECURITY ACTIVITIES OF THE 

DEPARTMENT OF DEFENSE. 

(a) ENERGY PERFORMANCE MASTER PLAN.— (1) ENHANCEMENT OF ENERGY PERFORMANCE PLAN TO

MASTER PLAN.—Subsection (b) of section 2911 of title 10, United 

States Code, is amended to read as follows: 

‘‘(b) ENERGY PERFORMANCE MASTER PLAN.—(1) The Secretary 

of Defense shall develop a comprehensive master plan for the 

achievement of the energy performance goals of the Department 

of Defense, as set forth in laws, executive orders, and Department 

of Defense policies. 

‘‘(2) The master plan shall include the following: 

‘‘(A) A separate master plan, developed by each military 

department and Defense Agency, for the achievement of energy 

performance goals. 

‘‘(B) The use of a baseline standard for the measurement 

of energy consumption by transportation systems, support systems, utilities, and facilities and infrastructure that is consistent for all of the military departments. 

‘‘(C) A method of measurement of reductions or conservation in energy consumption that provides for the taking into 

account of changes in the current size of fleets, number of 

facilities, and overall square footage of facility plants. 

‘‘(D) Metrics to track annual progress in meeting energy 

performance goals. 

‘‘(E) A description of specific requirements, and proposed 

investments, in connection with the achievement of energy 

performance goals reflected in the budget of the President 

for each fiscal year (as submitted to Congress under section 

1105(a) of title 31). 

‘‘(3) Not later than 30 days after the date on which the budget 

of the President is submitted to Congress for a fiscal year under 

section 1105(a) of title 31, the Secretary shall submit the current 

version of the master plan to Congress.’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended by striking ‘‘plan’’ each place it appears and inserting 

‘‘master plan’’. 

(3) SECTION HEADING AMENDMENT.—The heading of such 

section is amended to read as follows: 

‘‘§ 2911. Energy performance goals and master plan for the 

Department of Defense’’. 

(b) EXPANSION OF FACILITIES FOR WHICH USE OF RENEWABLE

ENERGY AND ENERGY EFFICIENT PRODUCTS IS REQUIRED.— 

(1) RENEWABLE ENERGY.—Subsection (a) of section 2915 

of title 10, United States Code, is amended— 

Deadline. 


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(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.’’. 

(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.— 

10 USC 2915. 


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(1) CONFORMING AMENDMENT.—Section 2925(a) of title 10, 

United States Code, is amended by striking ‘‘energy performance plan’’ each place it appears and inserting ‘‘energy performance master plan’’. 

(2) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of subchapter I of chapter 173 of such title is 

amended— 

(A) by striking the item relating to section 2911 and 

inserting the following new item: 

‘‘2911. Energy performance goals and master plan for the Department of Defense.’’; 

and 

(B) by striking the item relating to section 2915 and 

inserting the following new item: 

‘‘2915. Facilities: use of renewable forms of energy and energy efficient products.’’. 

Subtitle E—Land Conveyances 

SEC. 2841. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT (DFSP) 

WHITTIER, ALASKA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army or 

the Secretary of the Air Force may convey to the City of Whittier, 

Alaska (in this section referred to as the ‘‘City’’), all right, title, 

and interest of the United States in and to a parcel of real property, 

including any improvements thereon, consisting of approximately 

62 acres, located at the Defense Fuel Support Point (DFSP) Whittier, Alaska, that the Secretary making the conveyance considers 

appropriate in the public interest. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall pay to the Secretary conveying the 

property an amount that is not less than the fair market value 

of the property conveyed, as determined by the Secretary. The 

Secretary’s determination shall be final. In lieu of all or a portion 

of cash payment of consideration, the Secretary may accept inkind 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 

Payments. 


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subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) COMPLIANCE WITH ENVIRONMENTAL LAWS.—Nothing in this 

section shall be construed to affect or limit the application of, 

or any obligation to comply with, any environmental law, including 

the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste 

Disposal Act (42 U.S.C. 6901 et seq.). 

(e) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any cash 

payment received by the United States as consideration for the 

conveyance under subsection (a) shall be deposited in the special 

account in the Treasury established under subsection (b) of section 

572 of title 40, United States Code, and shall be available in 

accordance with paragraph (5)(B) of such subsection. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the parcel of real property to be conveyed under 

this section shall be determined by a survey satisfactory to the 

Secretary of the Interior. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 

making the conveyance under subsection (a) may require such 

additional terms and conditions in connection with the conveyance 

as the Secretary considers appropriate to protect the interests of 

the United States. 

SEC. 2842. LAND CONVEYANCE, FORT KNOX, KENTUCKY. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Department of Veterans 

Affairs of the Commonwealth of Kentucky (in this section referred 

to as the ‘‘Department’’) all right, title, and interest of the United 

States in and to a parcel of real property, including any improvements thereon, consisting of approximately 194 acres at Fort Knox, 

Kentucky, for the purpose of permitting the Department to establish 

and operate a State veterans home and future expansion of the 

adjacent State veterans cemetery for veterans and eligible family 

members of the Armed Forces. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in and 

to the property shall revert, at the option of the Secretary, to 

the United States, and the United States shall have the right 

of immediate entry onto the property. Any determination of the 

Secretary under this subsection shall be made on the record after 

an opportunity for a hearing. 

(c) PAYMENT OR COSTS OF CONVEYANCE.— 

(1) IN GENERAL.—The Secretary shall require the Department to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under subsection (a), including 

costs related to environmental documentation and other 

administrative costs. This paragraph does not apply to costs 

associated with the environmental remediation of the property 

to be conveyed. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 


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so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2843. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST 

BANK), NEW ORLEANS, LOUISIANA. 

(a) CONVEYANCE AUTHORIZED.—Except as provided in subsection (b), the Secretary of the Navy may convey to the Algiers 

Development District all right, title, and interest of the United 

States in and to the real property comprising the Naval Support 

Activity (West Bank), New Orleans, Louisiana, including— 

(1) any improvements and facilities on the real property; 

and 

(2) available personal property on the real property. 

(b) CERTAIN PROPERTY EXCLUDED.—The conveyance under subsection (a) may not include— 

(1) the approximately 29-acre area known as the Secured 

Area of the real property described in such subsection, which 

shall remain subject to the Lease; and 

(2) the Quarters A site, which is located at Sanctuary 

Drive, as determined by a survey satisfactory to the Secretary 

of the Navy. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary 

of the Navy. 

(d) TIMING.—The authority provided in subsection (a) may only 

be exercised after— 

(1) the Secretary of the Navy determines that the property 

described in subsection (a) is no longer needed by the Department of the Navy; and 

(2) the Algiers Development District delivers the full consideration as required by Article 3 of the Lease. 

(e) CONDITION OF CONVEYANCE.—The conveyance authorized 

by subsection (a) shall include a condition that expressly prohibits 

any use of the property that would interfere or otherwise restrict 

operations of the Department of the Navy in the Secured Area 

referred to in subsection (b), as determined by the Secretary of 

the Navy. 

(f) SUBSEQUENT CONVEYANCE OF SECURED AREA.—If at any 

time the Secretary of the 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 

Determination. 


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Navy no longer has a continuing requirement for general officers 

quarters to be located on the Quarters A site referred to in subsection (b) or the Department of the Navy elects or offers to transfer, 

sell, lease, assign, gift or otherwise convey any or all of the Quarters 

A site or any improvements thereon to any third party, the Secretary may convey to the Algiers Development District the real 

property containing the Quarters A site. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance of property under this section, consistent 

with the Lease, as the Secretary considers appropriate to protect 

the interest of the United States. 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘Algiers Development District’’ means the 

Algiers Development District, a local political subdivision of 

the State of Louisiana. 

(2) The term ‘‘Lease’’ means that certain Real Estate Lease 

for Naval Support Activity New Orleans, West Bank, New 

Orleans, Louisiana, Lease No. N47692–08–RP–08P30, by and 

between the United States, acting by and through the Department of the Navy, and the Algiers Development District dated 

September 30, 2008. 

SEC. 2844. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW FREQUENCY COMMUNICATIONS PROJECT SITE, REPUBLIC, 

MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey, without consideration, to Humboldt Township in Marquette 

County, Michigan, all right, title, and interest of the United States 

in and to a parcel of real property, including any improvements 

thereon, in Republic, Michigan, consisting of approximately seven 

acres and formerly used as an Extremely Low Frequency communications project site, for the purpose of permitting the Township 

to use the property for public benefit. 

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2845. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER, 

WILMINGTON, NORTH CAROLINA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the North Carolina State Port Authority of Wilmington, 

North Carolina (in this section referred to as the ‘‘Port Authority’’), 

all right, title, and interest of the United States in and to a parcel 

of real property, including any improvements thereon, consisting 

of approximately 3.03 acres and known as the Marine Forces 

Reserve Center in Wilmington, North Carolina, for the purpose 

of permitting the Port Authority to use the parcel for development 

of a port facility and for other public purposes. 

(b) INCLUSION OF PERSONAL PROPERTY.—The Secretary of the 

Navy may include as part of the conveyance under subsection 

(a) personal property of the Navy at the Marine Forces Reserve 

Center that the Secretary of Transportation recommends is appropriate for the development or operation of the port facility and 


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the Secretary of the Navy agrees is excess to the needs of the 

Navy. 

(c) INTERIM LEASE.—Until such time as the real property 

described in subsection (a) is conveyed by deed, the Secretary of 

the Navy may lease the property to the Port Authority. 

(d) CONSIDERATION.— 

(1) CONVEYANCE.—The conveyance under subsection (a) 

shall be made without consideration as a public benefit conveyance for port development if the Secretary of the Navy determines that the Port Authority satisfies the criteria specified 

in section 554 of title 40, United States Code, and regulations 

prescribed to implement such section. If the Secretary determines that the Port Authority fails to qualify for a public 

benefit conveyance, but still desires to acquire the property, 

the Port Authority shall pay to the United States an amount 

equal to the fair market value of the property to be conveyed. 

The fair market value of the property shall be determined 

by the Secretary. 

(2) LEASE.—The Secretary of the Navy may accept as 

consideration for a lease of the property under subsection (c) 

an amount that is less than fair market value if the Secretary 

determines that the public interest will be served as a result 

of the lease. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of 

the Navy and the Port Authority. The cost of such survey shall 

be borne by the Port Authority. 

(f) ADDITIONAL TERMS.—The Secretary of the Navy may require 

such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests 

of the United States. 

Subtitle F—Other Matters 

SEC. 2851. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT 

REGARDING CONSTRUCTION OF A NEW OUTLYING 

LANDING FIELD IN NORTH CAROLINA AND VIRGINIA. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Navy has studied the feasibility and potential locations of a new outlying landing field on the East Coast since 

2001. 

(2) Since January 2008, the Navy has studied five potential 

sites in North Carolina and Virginia, whose communities have 

expressed opposition. Some local governments where the sites 

under consideration are located have taken formal action in 

opposition by resolution or correspondence to the Navy and 

congressional officials. 

(b) LIMITATION ON FUNDS PENDING REPORT.— 

(1) IN GENERAL.—The Secretary of the Navy may not obligate or expend funds for the study or development of a new 

outlying landing field in North Carolina or Virginia after fiscal 

year 2011 until the Secretary has provided the congressional 

defense committees a report on the Navy’s efforts with respect 

to the outlying landing field. 

Payments. 

Regulations. 

Determination. 


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(2) ELEMENTS OF REPORT.—The report required under paragraph (1) shall include the following: 

(A) A description of the actual training requirements 

and completed training events involving Fleet Carrier 

Landing Practice operations at Naval Air Station Oceana 

and Naval Auxiliary Landing Field Fentress for the previous 10 years, to include statistics for the current fiscal 

year. 

(B) An assessment of the aviation training requirements and completed aviation training events conducted 

on all existing Navy outlying landing fields and installations located in North Carolina and Virginia, to include 

statistics for the current fiscal year. 

(C) An assessment of the suitability of all Naval 

installations in North Carolina and Virginia to conduct 

Fleet Carrier Landing Practice operations, including necessary facility modifications and requirements to de-conflict 

with current operations at each installation. 

(D) A description of the estimated funding necessary 

to construct a new outlying landing field at each of the 

five sites under current consideration, and a cost comparison analysis between construction of a new outlying landing 

field versus use of an existing facility. 

(E) A description of all completed or pending environmental studies conducted on any of the five sites currently 

under consideration, including the methodology, conclusions, and recommendations. 

(F) Criteria for the basing of the Joint Strike Fighter 

F-35 aircraft and a description of the outlying landing 

field facilities that will be required to support its training 

requirements. 

SEC. 2852. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS 

MILITARY MEDICAL CENTERS. 

(a) UNIFIED CONSTRUCTION STANDARD FOR MILITARY CONSTRUC- TION 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; 

Deadline. 

10 USC 2802 

note. 


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(C) assessing the approach of the Department of 

Defense approach to planning and programming facility 

improvements with specific emphasis on— 

(i) facility selection criteria and proportional 

assessment system; and 

(ii) facility programming responsibilities between 

the Assistant Secretary of Defense for Health Affairs 

and the Secretaries of the military departments; 

(D) assessing whether the Comprehensive Master Plan 

for the National Capital Region Medical, dated April 2010, 

is adequate to fulfill statutory requirements, as required 

by section 2714 of the Military Construction Authorization 

Act for Fiscal Year 2010 (division B of Public Law 111– 

84; 123 Stat. 2656), to ensure that the facilities and 

organizational structure described in the plan result in 

world class military medical centers in the National Capital 

Region; and 

(E) making recommendations regarding any adjustments of the master plan referred to in subparagraph (D) 

that are needed to ensure the provision of world class 

military medical centers and delivery system in the 

National Capital Region. 

(2) MEMBERS.— 

(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— 

Deadlines. 

Recommendations. 


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(i) an assessment of the adequacy of the plan of 

the Department of Defense to address the items specified in subparagraphs (A) through (E) of paragraph 

(1) relating to the purposes of the panel; and 

(ii) the recommendations of the panel to improve 

the plan. 

(B) ADDITIONAL REPORTS.—Not later than February 

1, 2011, and each February 1 thereafter until termination 

of the panel, the panel shall submit to the Secretary of 

Defense a report on the findings and recommendations 

of the panel to address any deficiencies identified by the 

panel. 

(6) ASSESSMENT OF RECOMMENDATIONS.—Not later than 30 

days after the date of the submission of each report under 

paragraph (5), the Secretary of Defense shall submit to the 

congressional defense committees a report including— 

(A) a copy of the panel’s assessment; 

(B) an assessment by the Secretary of the findings 

and recommendations of the panel; and 

(C) the plans of the Secretary for addressing such 

findings and recommendations. 

(7) TERMINATION.—The panel shall terminate on September 

30, 2015. 

(c) DEFINITIONS.—In this section: 

(1) NATIONAL CAPITAL REGION.—The term ‘‘National Capital 

Region’’ has the meaning given the term in section 2674(f) 

of title 10, United States Code. 

(2) WORLD CLASS MILITARY MEDICAL CENTER.—The term 

‘‘world class military medical center’’ has the meaning given 

the term ‘‘world class military medical facility’’ by the National 

Capital Region Base Realignment and Closure Health Systems 

Advisory Subcommittee of the Defense Health Board in 

appendix B of the report titled ‘‘Achieving World Class—An 

Independent Review of the Design Plans for the Walter Reed 

National Military Medical Center and the Fort Belvoir Community Hospital’’ and published in May 2009, as required by 

section 2721 of the Military Construction Authorization Act 

for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4716). 

SEC. 2853. REPORT ON FUEL INFRASTRUCTURE SUSTAINMENT, RESTORATION, AND MODERNIZATION REQUIREMENTS. 

Not later than 270 days after the date of the enactment of 

this Act, the Director of the Defense Logistics Agency shall submit 

to the congressional defense committees a report on the fuel infrastructure of the Department of Defense. The report shall include 

the following: 

(1) Fiscal projections for fuel infrastructure sustainment, 

restoration, and modernization requirements to fully meet 

Department of Defense sustainment models and industry 

recapitalization practices. 

(2) An assessment of the risk associated with not providing 

adequate funding to support such fuel infrastructure 

sustainment, restoration, and modernization requirements. 

(3) An assessment of fuel infrastructure real property deficiencies impacting the ability of the Defense Logistics Agency 

to fully support mission requirements. 

Deadline. 

Reports. 


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(4) An assessment of environmental liabilities associated 

with current fueling operations. 

(5) A list of real property previously used to support fuel 

infrastructure and an assessment of the environmental liabilities associated with such real property and whether any of 

such real property can be declared excess to the needs of 

the Department of Defense. 

(6) An assessment of the real property demarcation between 

the Secretaries of the military departments and the Defense 

Logistics Agency. 

SEC. 2854. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN, CONNECTICUT. 

The newly constructed Armed Forces Reserve Center in Middletown, Connecticut, shall be known and designated as the ‘‘Major 

General Maurice Rose Armed Forces Reserve Center’’. Any reference 

in a law, map, regulation, document, paper, or other record of 

the United States to such Armed Forces Reserve Center shall 

be deemed to be a reference to the Major General Maurice Rose 

Armed Forces Reserve Center. 

SEC. 2855. SENSE OF CONGRESS ON PROPOSED EXTENSION OF THE 

ALASKA RAILROAD CORRIDOR ACROSS FEDERAL LAND 

IN ALASKA. 

(a) FINDING.—Congress finds that the Alaska Railroad proposes 

the extension of its railroad corridor over approximately 950 acres 

of land located south and east of North Pole, Alaska, including 

lands located near or adjacent to the Chena River spillway, Eielson 

Air Force Base, Tanana Flats Training Area (Fort Wainwright), 

Donnelly Training Area (Fort Wainwright), and Fort Greely. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department of the Army and the Department of the Air Force 

should explore means of accommodating the railroad corridor expansion referred to in subsection (a) using existing authorities that 

will not adversely impact military missions, operations, and 

training. 

SEC. 2856. SENSE OF CONGRESS ON IMPROVING MILITARY HOUSING 

FOR MEMBERS OF THE AIR FORCE. 

(a) FINDING.—Congress makes the following findings: 

(1) In the mid-1990s, the Department of Defense became 

concerned that inadequate and poor quality housing for members of the Armed Forces was adversely affecting the quality 

of life for members and their families and adversely affecting 

military readiness by contributing to decisions by members 

to leave the Armed Forces. 

(2) At that time, the Department of Defense designated 

about 180,000 houses, or nearly two-thirds of its domestic 

family housing inventory, as inadequate and needing repair 

or complete replacement. 

(3) The Department of Defense believed that it would need 

about $20,000,000,000 in appropriated funds and would take 

up to 40 years to eliminate poor quality military housing 

through new construction or renovation using its traditional 

military construction approach. 

(4) In 1996, Congress enacted the Military Housing 

Privatization Initiative to provide the Department of Defense 

with a variety of authorities to obtain private sector financing 

Designation. 


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and management for the repair, renovation, construction, and 

management of military family housing. 

(5) The Air Force has used the Military Housing Privatization Initiative to award 27 projects at 44 military bases to 

improve over 37,000 homes. 

(6) The Air Force has received $7,100,000,000 in total 

development investment from the private sector for new 

housing with a taxpayer contribution of approximately 

$425,000,000, representing a 15 to 1 leveraging of taxpayer 

dollars. 

(7) The Air Force, like the other military services, has 

been able to leverage varying conditions of housing at military 

bases into fiscally viable projects by packaging housing inventories at multiple bases into a single transaction. 

(8) Congress has approved transactions involving the packaging of multiple bases as a critical tool to maximize the 

efficient use of taxpayer funds. 

(9) Congress supports the goal of the Air Force to complete 

transactions for the repair, renovation, construction, and 

management of 100 percent of their military family housing 

inventory in the United States by December 31, 2012. 

(10) The Air Force currently has 6 project solicitations 

prepared for open competition at 22 Air Force installations 

to improve over 15,000 homes. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of the Air Force should use existing authority to 

carry out solicitations for the 6 military housing projects involving 

the packaging of 22 bases consistent with the goal of improving 

15,000 homes for Air Force personnel and their families by 

December 31, 2012. 

SEC. 2857. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING 

AND FISHING ON MILITARY INSTALLATIONS. 

It is the sense of the Congress that— 

(1) military installations that permit public access for recreational hunting and fishing should continue to permit such 

hunting and fishing where appropriate; 

(2) permitting the public to access military installations 

for recreational hunting and fishing benefits local communities 

by conserving and promoting the outdoors and establishing 

positive relations between the civilian and defense sectors; 

(3) any military installations that make recreational 

hunting and fishing permits available for purchase should provide a discounted rate for active and retired members of the 

Armed Forces and veterans with disabilities; and 

(4) the Department of Defense, all of the service branches, 

and military installations that permit public access for recreational hunting and fishing should promote access to such 

installations by making the appropriate accommodations for 

members of the Armed Forces and veterans with disabilities. 


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124 STAT. 4480 PUBLIC LAW 111–383—JAN. 7, 2011 

TITLE XXIX—OVERSEAS CONTINGENCY 

OPERATIONS MILITARY CONSTRUCTION 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition project. 

Sec. 2903. Authorized Defense Wide Construction and Land Acquisition Projects 

and Authorization of Appropriations. 

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of the Army 

may acquire real property and carry out military construction 

projects for the installations or locations outside the United States, 

and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................. Bagram Air Base ..................................... $270,000,000 

Delaram II ................................................ $4,400,000 

Dwyer ....................................................... $74,100,000 

Frontenac ................................................. $8,400,000 

Kandahar ................................................. $80,400,000 

Maywand .................................................. $7,000,000 

Shank ........................................................ $98,300,000 

Sharana .................................................... $12,400,000 

Shindand .................................................. $6,100,000 

Tarin Kowt ............................................... $29,600,000 

Tombstone/Bastion .................................. $112,600,000 

Various locations ..................................... $100,000,000 

Wolverine ................................................. $13,000,000 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) OUTSIDE THE UNITED STATES.—For military construction 

projects outside the United States authorized by subsection 

(a), funds are hereby authorized to be appropriated for fiscal 

years beginning after September 30, 2010, in the total amount 

of $816,300,000. 

(2) UNSPECIFIED MINOR MILITARY CONSTRUCTION

PROJECTS.—For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, in the total amount of 

$78,350,000. 

(3) ARCHITECTURAL AND ENGINEERING SERVICES AND

CONSTRUCTION DESIGN.—For architectural and engineering 

services and construction design under section 2807 of title 

10, United States Code, funds are hereby authorized to be 

appropriated for fiscal years beginning after September 30, 

2010, in the total amount of $79,716,000. 

(4) OVERSIGHT.—For the Department of Defense Inspector 

General, funds are hereby authorized to be appropriated for 

fiscal years beginning after September 30, 2010, in the total 

amount of $7,000,000. 


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SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECT. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of the Air 

Force may acquire real property and carry out military construction 

projects for the installations or locations outside the United States, 

and in the amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Oman ........................... Al Musannah ............................................ $69,000,000 

Qatar ............................ Al Udeid ................................................... $63,000,000 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) OUTSIDE THE UNITED STATES.—For military construction 

projects outside the United States authorized by subsection 

(a), funds are hereby authorized to be appropriated for fiscal 

years beginning after September 30, 2010, in the total amount 

of $132,000,000. 

(2) UNSPECIFIED MINOR MILITARY CONSTRUCTION

PROJECTS.—For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2010, in the total amount of 

$49,584,000. 

(3) ARCHITECTURAL AND ENGINEERING SERVICES AND

CONSTRUCTION DESIGN.—For architectural and engineering 

services and construction design under section 2807 of title 

10, United States Code, funds are hereby authorized to be 

appropriated for fiscal years beginning after September 30, 

2010, in the total amount of $13,422,000. 

SEC. 2903. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of Defense 

may acquire real property and carry out military construction 

projects for the Defense Agencies for the installations or locations 

outside the United States, and in the amounts, set forth in the 

following table: 

Defense Wide: Outside the United States 

Country Installation or Location Amount 

Classified Location ..... Classified Project ..................................... $41,900,000 

(b) AUTHORIZATION OF APPROPRIATIONS.— (1) OUTSIDE THE UNITED STATES.—For military construction 

projects outside the United States authorized by subsection 

(a), funds are hereby authorized to be appropriated for fiscal 

years beginning after September 30, 2010, in the total amount 

of $41,900,000. 

(2) ARCHITECTURAL AND ENGINEERING SERVICES AND

CONSTRUCTION DESIGN.—For architectural and engineering 

services and construction design authorized by section 2807 

of title 10, United States Code, funds are hereby authorized 


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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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4483 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4484 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4485 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4486 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 GroupOne (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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4487 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4488 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

AF Davis-Monthan 

AFB 

HC–130 Aerospace Ground Equipment 

Maintenance Facility.

4,600 4,600 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4489 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4490 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

AF Fort Drum 20th Air Support Operations Squadron 

Complex.

20,440 20,440 

North Carolina 

AF Pope AFB Crash/Fire/Rescue Station .......................... 0 0 

North Dakota 

AF Grand Forks AFB Central Deployment Center ....................... 0 0 

AF Minot AFB Control Tower/Base 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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4491 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4492 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4493 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4494 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4495 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4496 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4497 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4498 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4499 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Air NG Toledo Express 

Airport 

Replace Security Forces Complex .............. 0 0 

Oregon 

Air NG Kingsley Field 

ANG Base 

Replace Fire Station ................................... 0 0 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4500 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4501 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4502 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4503 

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4504 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4505 

SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4506 PUBLIC LAW 111–383—JAN. 7, 2011 

Sec. 3121. Repeal of sunset provision for modification of minor construction threshold for plant projects. 

Sec. 3122. Enhancing private-sector employment through cooperative research and 

development activities. 

Sec. 3123. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

Sec. 3124. Department of Energy energy parks program. 

Subtitle C—Reports 

Sec. 3131. Report on graded security protection policy. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2011 for the activities of the National Nuclear Security 

Administration in carrying out programs necessary for national 

security in the amount of $11,214,755,000, to be allocated as follows: 

(1) For weapons activities, $7,028,835,000. 

(2) For defense nuclear nonproliferation activities, 

$2,667,167,000. 

(3) For naval reactors, $1,070,486,000. 

(4) For the Office of the Administrator for Nuclear Security, 

$448,267,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out new plant 

projects for the National Nuclear Security Administration as follows: 

(1) Project 11–D–801, reinvestment project phase 2, Los 

Alamos National Laboratory, Los Alamos, New Mexico, 

$20,000,000. 

(2) Project 11–D–601, sanitary effluent reclamation facility 

expansion, Los Alamos National Laboratory, Los Alamos, New 

Mexico, $15,000,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for defense environmental 

cleanup activities in carrying out programs necessary for national 

security in the amount of $5,588,039,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for other defense activities 

in carrying out programs necessary for national security in the 

amount of $878,209,000. 

SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2011 for energy security and assurance programs necessary for national security in the amount of 

$6,188,000. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4507 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. AIRCRAFT PROCUREMENT. 

Of the amounts authorized to be appropriated and made available for obligation under section 3101(1) for weapons activities 

for any fiscal year before fiscal year 2012, the Secretary of Energy 

may procure not more than two aircraft. 

SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT 

OF THE NUCLEAR SECURITY COMPLEX. 

(a) IN GENERAL.—Subtitle A of title XLII of the Atomic Energy 

Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after 

section 4203 the following new section: 

‘‘SEC. 4203A. BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. 

‘‘(a) IN GENERAL.—In each even-numbered year, beginning in 

2012, the Administrator for Nuclear Security shall include in the 

plan for maintaining the nuclear weapons stockpile required by 

section 4203 a plan for the modernization and refurbishment of 

the nuclear security complex. 

‘‘(b) PLAN DESIGN.— 

‘‘(1) IN GENERAL.—The plan required by subsection (a) shall 

be designed to ensure that the nuclear security complex is 

capable of supporting the following: 

‘‘(A) Except as provided in paragraph (2), the national 

security strategy of the United States as set forth in the 

most recent national security strategy report of the President under section 108 of the National Security Act of 

1947 (50 U.S.C. 404a). 

‘‘(B) The nuclear posture of the United States as set 

forth in the most recent Nuclear Posture Review. 

‘‘(2) EXCEPTION.—If, at the time the plan is submitted 

under subsection (a), a national security strategy report has 

not been submitted to Congress under section 108 of the 

National Security Act of 1947 (50 U.S.C. 404a), the plan 

required by subsection (a) shall be designed to ensure that 

the nuclear security complex is capable of supporting the 

national defense strategy recommended in the report of the 

most recent Quadrennial Defense Review. 

‘‘(c) PLAN ELEMENTS.—The plan required by subsection (a) shall 

include the following: 

‘‘(1) A description of the modernization and refurbishment 

measures the Administrator determines necessary to meet the 

requirements of— 

‘‘(A) the national security strategy of the United States 

as set forth in the most recent national security strategy 

report of the President under section 108 of the National 

Security Act of 1947 (50 U.S.C. 404a) or the national 

defense strategy recommended in the report of the most 

recent Quadrennial Defense Review, as applicable under 

subsection (b); and 

‘‘(B) the Nuclear Posture Review. 

‘‘(2) A schedule for implementing the measures described 

in paragraph (1) during the ten years following the date on 

Effective date. 

50 USC 2523a. 


dkrause on GSDDPC29PROD with PUBLIC LAWS
124 STAT. 4508 PUBLIC LAW 111–383—JAN. 7, 2011 

which the plan for maintaining the nuclear weapons stockpile 

required by section 4203 and into which the plan required 

by subsection (a) is incorporated is submitted to Congress under 

section 4203(c). 

‘‘(3) Consistent with the budget justification materials submitted to Congress in support of the Department of Energy 

budget for the fiscal year (as submitted with the budget of 

the President under section 1105(a) of title 31, United States 

Code), an estimate of the annual funds the Administrator determines necessary to carry out the plan required by subsection 

(a), including a discussion of the criteria, evidence, and strategies on which the estimate is based. 

‘‘(d) FORM.—The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.— ‘‘(1) ASSESSMENT REQUIRED.—For each plan required by 

subsection (a), the Nuclear Weapons Council established by 

section 179 of title 10, United States Code, shall conduct an 

assessment that includes the following: 

‘‘(A) An analysis of the plan, including— 

‘‘(i) whether the plan supports the requirements 

of the national security strategy of the United States 

or the most recent Quadrennial Defense Review, whichever is applicable under subsection (b), and the Nuclear 

Posture Review; and 

‘‘(ii) whether the modernization and refurbishment 

measures described under paragraph (1) of subsection 

(c) and the schedule described under paragraph (2) 

of such subsection are adequate to support such 

requirements. 

‘‘(B) An analysis of whether the plan adequately 

addresses the requirements for infrastructure recapitalization of the facilities of the nuclear security complex. 

‘‘(C) If the Nuclear Weapons Council determines that 

the plan does not adequately support modernization and 

refurbishment requirements under subparagraph (A) or the 

nuclear security complex facilities infrastructure recapitalization requirements under subparagraph (B), a risk 

assessment with respect to— 

‘‘(i) supporting the annual certification of the 

nuclear weapons stockpile under section 4203; and 

‘‘(ii) maintaining the long-term safety, security, 

and reliability of the nuclear weapons stockpile. 

‘‘(2) REPORT REQUIRED.—Not later than 180 days after the 

date on which the Administrator submits the plan required 

by subsection (a), the Nuclear Weapons Council shall submit 

to the congressional defense committees a report detailing the 

assessment required under paragraph (1). 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘nuclear security complex’ means the physical 

facilities, technology, and human capital of the following: 

‘‘(A) The national security laboratories (as defined in 

section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)). 

‘‘(B) The Kansas City Plant, Kansas City, Missouri. 

‘‘(C) The Nevada Test Site, Nevada. 

‘‘(D) The Savannah River Site, Aiken, South Carolina. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4509 

‘‘(E) The Y-12 National Security Complex, Oak Ridge, 

Tennessee. 

‘‘(F) The Pantex Plant, Amarillo, Texas. 

‘‘(2) The term ‘Quadrennial Defense Review’ means the 

review of the defense programs and policies of the United 

States that is carried out every four years under section 118 

of title 10, United States Code.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4203 the following new item: 

‘‘Sec. 4203A. Biennial plan on modernization and refurbishment of the nuclear security complex.’’. 

SEC. 3113. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF 

BUDGET REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR WEAPONS 

STOCKPILE. 

(a) IN GENERAL.—Section 3255 of the National Nuclear Security 

Administration Act (50 U.S.C. 2455) is amended to read as follows: 

‘‘SEC. 3255. COMPTROLLER GENERAL ASSESSMENT OF ADEQUACY OF 

BUDGET REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR WEAPONS 

STOCKPILE. 

‘‘(a) GAO STUDY AND REPORTS.—(1) For the nuclear security 

budget materials submitted in each fiscal year by the Administrator, 

the Comptroller General of the United States shall conduct a study 

on whether both the budget for the fiscal year following the fiscal 

year in which such budget materials are submitted and the futureyears nuclear security program submitted to Congress in relation 

to such budget under section 3253 provide for funding of the nuclear 

security complex at a level that is sufficient for the modernization 

and refurbishment of the nuclear security complex. 

‘‘(2) Not later than 90 days after the date on which the Administrator submits the nuclear security budget materials, the Comptroller General shall submit to the congressional defense committees 

a report on the study under paragraph (1), including— 

‘‘(A) the findings of such study; and 

‘‘(B) whether the nuclear security budget materials support 

the requirements for infrastructure recapitalization of the facilities of the nuclear security complex. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’ means the budget for a fiscal year 

that is submitted to Congress by the President under section 

1105(a) of title 31, United States Code. 

‘‘(2) The term ‘nuclear security budget materials’ means 

the materials submitted to Congress by the Administrator in 

support of the budget for a fiscal year. 

‘‘(3) The term ‘nuclear security complex’ means the physical 

facilities, technology, and human capital of the following: 

‘‘(A) The national security laboratories. 

‘‘(B) The Kansas City Plant, Kansas City, Missouri. 

‘‘(C) The Nevada Test Site, Nevada. 

‘‘(D) The Savannah River Site, Aiken, South Carolina. 

‘‘(E) The Y-12 National Security Complex, Oak Ridge, 

Tennessee. 

‘‘(F) The Pantex Plant, Amarillo, Texas.’’. 


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124 STAT. 4510 PUBLIC LAW 111–383—JAN. 7, 2011 

(b) CLERICAL AMENDMENT.—The table of contents for the 

National Nuclear Security Administration Act is amended by 

striking the item relating to section 3255 and inserting the following 

new item: 

‘‘Sec. 3255. Comptroller General assessment of adequacy of budget requests with 

respect to the modernization and refurbishment of the nuclear weapons 

stockpile.’’. 

SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF ENERGY PROJECTS. 

(a) IN GENERAL.—Subtitle A of title XLVII of the Atomic Energy 

Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CERTAIN DEPARTMENT OF ENERGY PROJECTS. 

‘‘(a) ESTABLISHMENT OF COST AND SCHEDULE BASELINES.— 

‘‘(1) STOCKPILE LIFE EXTENSION PROJECTS.— 

‘‘(A) IN GENERAL.—The Administrator for Nuclear Security shall establish a cost and schedule baseline for each 

nuclear stockpile life extension project of the National 

Nuclear Security Administration. 

‘‘(B) PER UNIT COST.—The cost baseline developed 

under subparagraph (A) shall include, with respect to each 

life extension project, an estimated cost for each warhead 

in the project. 

‘‘(C) NOTIFICATION TO CONGRESSIONAL DEFENSE

COMMITTEES.—Not later than 30 days after establishing 

a cost and schedule baseline under subparagraph (A), the 

Administrator shall submit the cost and schedule baseline 

to the congressional defense committees. 

‘‘(2) DEFENSE-FUNDED CONSTRUCTION PROJECTS.— 

‘‘(A) IN GENERAL.—The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each 

construction project that is— 

‘‘(i) in excess of $50,000,000; and 

‘‘(ii) carried out by the Department using funds 

authorized to be appropriated for a fiscal year pursuant 

to a DOE national security authorization. 

‘‘(B) NOTIFICATION TO CONGRESSIONAL DEFENSE

COMMITTEES.—Not later than 30 days after establishing 

a cost and schedule baseline under subparagraph (A), the 

Secretary shall submit the cost and schedule baseline to 

the congressional defense committees. 

‘‘(3) DEFENSE ENVIRONMENTAL MANAGEMENT PROJECTS.— 

‘‘(A) IN GENERAL.—The Secretary shall establish a cost 

and schedule baseline under the project management protocols of the Department of Energy for each defense environmental management project that is— ‘‘(i) in excess of $50,000,000; and 

‘‘(ii) carried out by the Department pursuant to 

such protocols. 

‘‘(B) NOTIFICATION TO CONGRESSIONAL DEFENSE

COMMITTEES.—Not later than 30 days after establishing 

a cost and schedule baseline under subparagraph (A), the 

Deadlines. 

50 USC 2753. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4511 

Secretary shall submit the cost and schedule baseline to 

the congressional defense committees. 

‘‘(b) NOTIFICATION OF COSTS EXCEEDING BASELINE.—The 

Administrator or the Secretary, as applicable, shall notify the 

congressional defense committees not later than 30 days after determining that— 

‘‘(1) the total cost for a project referred to in paragraph 

(1), (2), or (3) of subsection (a) will exceed an amount that 

is equal to 125 percent of the cost baseline established under 

subsection (a) for that project; and 

‘‘(2) in the case of a stockpile life extension project referred 

to in subsection (a)(1), the cost for any warhead in the project 

will exceed an amount that is equal to 200 percent of the 

cost baseline established under subsection (a)(1)(B) for each 

warhead in that project. 

‘‘(c) NOTIFICATION OF DETERMINATION WITH RESPECT TO TERMI- NATION OR CONTINUATION OF PROJECTS.—Not later than 90 days 

after submitting a notification under subsection (b) with respect 

to a project, the Administrator or the Secretary, as applicable, 

shall— 

‘‘(1) notify the congressional defense committees with 

respect to whether the project will be terminated or continued; 

and 

‘‘(2) if the project will be continued, certify to the congressional defense committees that— 

‘‘(A) a revised cost and schedule baseline has been 

established for the project and, in the case of a stockpile 

life extension project referred to in subparagraph (A) or 

(B) of subsection (a)(1), a revised estimate of the cost for 

each warhead in the project has been made; 

‘‘(B) the continuation of the project is necessary to 

the mission of the Department of Energy and there is 

no alternative to the project that would meet the requirements of that mission; and 

‘‘(C) a management structure is in place adequate to 

manage and control the cost and schedule of the project. 

‘‘(d) APPLICABILITY OF REQUIREMENTS TO REVISED COST AND

SCHEDULE BASELINES.—A revised cost and schedule baseline established under subsection (c) shall— 

‘‘(1) be submitted to the congressional defense committees 

with the certification submitted under subsection (c)(2); and 

‘‘(2) be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same 

extent as a cost and schedule baseline established under subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4712 the following new item: 

‘‘Sec. 4713. Notification of cost overruns for certain Department of Energy 

projects.’’. 

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— 

Certification. 


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124 STAT. 4512 PUBLIC LAW 111–383—JAN. 7, 2011 

(A) by redesignating subsection (b) as subsection (c); 

and 

(B) by inserting after subsection (a) the following new 

subsection (b): 

‘‘(b) COOPERATIVE RESEARCH AND DEVELOPMENT CENTERS.— 

(1) Subject to the availability of appropriations provided for such 

purpose, the Administrator for Nuclear Security shall establish 

a cooperative research and development center described in paragraph (2) at each national security laboratory. 

‘‘(2) A cooperative research and development center described 

in this paragraph is a center to foster collaborative scientific 

research, technology development, and the appropriate transfer of 

research and technology to users in addition to the national security 

laboratories. 

‘‘(3) In establishing a cooperative research and development 

center under this subsection, the Administrator— 

‘‘(A) shall enter into cooperative research and development 

agreements with governmental, public, academic, or private 

entities; and 

‘‘(B) may enter into a contract with respect to constructing, 

purchasing, managing, or leasing buildings or other facilities.’’. 

(2) DEFINITION.—Subsection (c) of such section, as redesignated by paragraph (1)(A), is amended by adding at the end 

the following new paragraph: 

‘‘(5) The term ‘national security laboratory’ has the meaning 

given that term in section 3281 of the National Nuclear Security 

Administration Act (50 U.S.C. 2471).’’. 

(3) SECTION HEADING.—The heading of such section is 

amended by inserting ‘‘AND COOPERATIVE RESEARCH AND

DEVELOPMENT CENTERS’’ after ‘‘PARTNERSHIPS’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by striking the item relating 

to section 4813 and inserting the following new item: 

‘‘Sec. 4813. Critical technology partnerships and cooperative research and development centers.’’. 

SEC. 3116. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT 

PLAN. 

(a) IN GENERAL.—Title XLIV of the Atomic Energy Defense 

Act (50 U.S.C. 2581 et seq.) is amended by inserting after section 

4402 the following new section: 

‘‘SEC. 4402A. FUTURE-YEARS DEFENSE ENVIRONMENTAL MANAGEMENT PLAN. 

‘‘(a) IN GENERAL.—The Secretary of Energy shall submit to 

Congress each year, at or about the same time that the President’s 

budget is submitted to Congress for a fiscal year under section 

1105(a) of title 31, United States Code, a future-years defense 

environmental management plan that— 

‘‘(1) reflects the estimated expenditures and proposed 

appropriations included in that budget for the Department 

of Energy for environmental management; and 

‘‘(2) covers a period that includes the fiscal year for which 

that budget is submitted and not less than the four succeeding 

fiscal years. 

50 USC 2582a. 

Contracts. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4513 

‘‘(b) ELEMENTS.—Each future-years defense environmental 

management plan required by subsection (a) shall contain the following: 

‘‘(1) A detailed description of the projects and activities 

relating to defense environmental management to be carried 

out during the period covered by the plan at the sites specified 

in subsection (c) and with respect to the activities specified 

in subsection (d). 

‘‘(2) A statement of proposed budget authority, estimated 

expenditures, and proposed appropriations necessary to support 

such projects and activities. 

‘‘(3) With respect to each site specified in subsection (c), 

the following: 

‘‘(A) A statement of each milestone included in an 

enforceable agreement governing cleanup and waste 

remediation for that site for each fiscal year covered by 

the plan. 

‘‘(B) For each such milestone, a statement with respect 

to whether each such milestone will be met in each such 

fiscal year. 

‘‘(C) For any milestone that will not be met, an explanation of why the milestone will not be met and the date 

by which the milestone is expected to be met. 

‘‘(c) SITES SPECIFIED.—The sites specified in this subsection 

are the following: 

‘‘(1) The Idaho National Laboratory, Idaho. 

‘‘(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico. 

‘‘(3) The Savannah River Site, Aiken, South Carolina. 

‘‘(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee. 

‘‘(5) The Hanford Site, Richland, Washington. 

‘‘(6) Any defense closure site of the Department of Energy. 

‘‘(7) Any site of the National Nuclear Security Administration. 

‘‘(d) ACTIVITIES SPECIFIED.—The activities specified in this subsection are the following: 

‘‘(1) Program support. 

‘‘(2) Program direction. 

‘‘(3) Safeguards and security. 

‘‘(4) Technology development and deployment. 

‘‘(5) Federal contributions to the Uranium Enrichment 

Decontamination and Decommissioning Fund established under 

section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 

2297g).’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4402 the following new item: 

‘‘Sec. 4402A. Future-years defense environmental management plan.’’. 

SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY 

FOR APPOINTMENT OF CERTAIN SCIENTIFIC, 

ENGINEERING, AND TECHNICAL PERSONNEL. 

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2701(c)(1)) is amended by striking ‘‘September 30, 2011’’ and 

inserting ‘‘September 30, 2016’’. 


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124 STAT. 4514 PUBLIC LAW 111–383—JAN. 7, 2011 

SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY 

TO ENTER INTO TRANSACTIONS TO CARRY OUT CERTAIN 

RESEARCH PROJECTS. 

Section 646(g)(10) of the Department of Energy Organization 

Act (42 U.S.C. 7256(g)(10)) is amended by striking ‘‘September 

30, 2010’’ and inserting ‘‘September 30, 2015’’. 

SEC. 3119. EXTENSION OF AUTHORITY RELATING TO THE INTERNATIONAL MATERIALS PROTECTION, CONTROL, AND 

ACCOUNTING PROGRAM OF THE DEPARTMENT OF 

ENERGY. 

Section 3156(b)(1) of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 50 

U.S.C. 2343(b)(1)) is amended by striking ‘‘January 1, 2013’’ and 

inserting ‘‘January 1, 2018’’. 

SEC. 3120. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF 

LAND TO BE CONVEYED TO LOS ALAMOS COUNTY, NEW 

MEXICO, AND HELD IN TRUST FOR THE PUEBLO OF SAN 

ILDEFONSO. 

(a) ENVIRONMENTAL RESTORATION.—If the Secretary of Energy 

determines under any authority previously established by law that 

a parcel of land described in subsection (c) requires environmental 

restoration or remediation, the Secretary shall, to the maximum 

extent practicable, complete the environmental restoration or 

remediation of the parcel not later than September 30, 2022, and 

otherwise in compliance with such law. 

(b) CONVEYANCE OR TRANSFER.—If the Secretary determines 

under any authority previously established by law that environmental restoration or remediation cannot reasonably be expected 

to be completed with respect to a parcel of land described in subsection (c) by September 30, 2022, the Secretary shall not convey 

or transfer the parcel of land. 

(c) PARCELS OF LAND.—A parcel of land described in this subsection is a parcel of land under the jurisdiction or administrative 

control of the Secretary at or in the vicinity of Los Alamos National 

Laboratory that the Secretary has previously identified as suitable 

for conveyance or transfer in a report submitted to the congressional 

defense committees prior to the date of the enactment of this 

Act. 

SEC. 3121. REPEAL OF SUNSET PROVISION FOR MODIFICATION OF 

MINOR CONSTRUCTION THRESHOLD FOR PLANT 

PROJECTS. 

(a) MINOR CONSTRUCTION THRESHOLD.—Paragraph (3) of section 4701 of the Atomic Energy Defense Act (50 U.S.C. 2741(3)), 

as amended by section 3118(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2709), 

is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

(b) NOTIFICATION.—Section 3118(c) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2709) is amended by striking ‘‘during fiscal year 2010’’. 

SEC. 3122. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH 

COOPERATIVE RESEARCH AND DEVELOPMENT ACTIVITIES. 

(a) IN GENERAL.—The Administrator for Nuclear Security shall 

encourage cooperative research and development activities at the 

50 USC 2465. 

50 USC 2743 

note. 

42 USC 2391 

note. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4515 

national security laboratories (as defined in section 3281 of the 

National Nuclear Security Administration Act (50 U.S.C. 2471)) 

that lead to the creation of new private-sector employment 

opportunities. 

(b) REPORTS.—Not later than January 31 of each year from 

2012 through 2017, the Administrator shall submit to Congress 

a report detailing the number of new private-sector employment 

opportunities created as a result of the previous years’ cooperative 

research and development activities at each national security laboratory. 

SEC. 3123. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF 

CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF 

THE FORMER SOVIET UNION. 

Not more than $500,000 of the funds authorized to be appropriated by section 3101(a)(2) for defense nuclear nonproliferation 

activities may be obligated or expended to establish a center of 

excellence in a country that is not a state of the former Soviet 

Union until the date that is 15 days after the date on which 

the Administrator for Nuclear Security submits to the congressional 

defense committees a report that includes the following: 

(1) An identification of the country in which the center 

will be located. 

(2) A description of the purpose for which the center will 

be established. 

(3) The agreement under which the center will operate. 

(4) A funding plan for the center, including— 

(A) the amount of funds to be provided by the government of the country in which the center will be located; 

and 

(B) the percentage of the total cost of establishing 

and operating the center the funds described in subparagraph (A) will cover. 

SEC. 3124. 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; 

50 USC 2814. 

Deadline. 

Reports. 


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124 STAT. 4516 PUBLIC LAW 111–383—JAN. 7, 2011 

(2) the local governments of adjacent areas; and 

(3) any community reuse organization recognized by the 

Secretary at the former defense nuclear facility on which the 

energy park will be located. 

(d) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary shall submit to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report on 

the implementation of the program under subsection (a). The report 

shall include such recommendations for additional legislative 

actions as the Secretary considers appropriate to facilitate the 

development of energy parks on former defense nuclear facilities. 

(e) DEFENSE NUCLEAR FACILITY DEFINED.—In this section, the 

term ‘‘defense nuclear facility’’ has the meaning given the term 

‘‘Department of Energy defense nuclear facility’’ in section 318 

of the Atomic Energy Act of 1954 (42 U.S.C. 2286g). 

Subtitle C—Reports 

SEC. 3131. REPORT ON GRADED SECURITY PROTECTION POLICY. 

(a) REPORT.—Not later than February 1, 2011, the Secretary 

of Energy shall submit to the congressional defense committees 

a report on the implementation of the graded security protection 

policy of the Department of Energy. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A comprehensive plan and schedule (including any 

benchmarks, milestones, or other deadlines) for implementing 

the graded security protection policy. 

(2) An explanation of the current status of the graded 

security protection policy for each site with respect to the 

comprehensive plan under paragraph (1). 

(3) An explanation of the Secretary’s objective end-state 

for implementation of the graded security protection policy 

(such end-state explanation shall include supporting justification and rationale to ensure that robust and adaptive security 

measures meet the graded security protection policy requirements). 

(4) Identification of each site that has received an exception 

or waiver to the graded security protection policy, including 

the justification for each such exception or waiver. 

(5) A schedule for ‘‘force-on-force’’ exercises that the Secretary considers necessary to maintain operational readiness. 

(6) A description of a program that will provide proper 

training and equipping of personnel to a certifiable standard. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4517 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2011, 

$28,640,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $23,614,000 for fiscal year 2011 for 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2011. 

Sec. 3502. Extension of Maritime Security Fleet program. 

Sec. 3503. United States Merchant Marine Academy nominations of residents of 

the Northern Mariana Islands. 

Sec. 3504. Research authority. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 

SECURITY ASPECTS OF THE MERCHANT MARINE FOR 

FISCAL YEAR 2011. 

Funds are hereby authorized to be appropriated for fiscal year 

2011, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with 

maintaining national security aspects of the merchant marine, as 

follows: 

(1) For expenses necessary for operations of the United 

States Merchant Marine Academy, $100,020,000, of which— 

(A) $63,120,000 shall remain available until expended 

for Academy operations; 

(B) $6,000,000 shall remain available until expended 

for refunds to Academy midshipmen for improperly charged 

fees; and 

(C) $30,900,000 shall remain available until expended 

for capital improvements at the Academy. 

(2) For expenses necessary to support the State maritime 

academies, $15,007,000, of which— 


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124 STAT. 4518 PUBLIC LAW 111–383—JAN. 7, 2011 

(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 

(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, 


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PUBLIC LAW 111–383—JAN. 7, 2011 124 STAT. 4519 

LEGISLATIVE HISTORY—H.R. 6523: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Dec. 17, considered and passed House. 

Dec. 22, considered and passed Senate, amended. House concurred in Senate 

amendments. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011): 

Jan. 7, Presidential statement. 

Æ 

training, and activities in accordance with the provisions of 

this chapter as the Secretary may authorize.’’. 

Approved January 7, 2011. 


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